Gazette of the United-States. — New-York [N.Y.], 1792-02-18 00:00:00, page 1

3. The judges of this court may iflue all process proper for
bringing records fully before them, and for carrying their deter
minations into execution.
Section 1. The members of the Senate and House of Repre
sentatives, the judges of the supreme court and the common p'eas,
and the chancellor, (hall by virtue of their offices be conservators
of ihe peace throughout the Stale ; and the treafurcr, attorney.ge
neral, secretary, clerks of the supreme court, prothonotanes, re
giflers, recorders, fheriffs, and coroners (ball by virtue of their
offices, be conservators thereof, within the counties refpe&ivcly
in which they rcfide.
5. Two persons for the office of lheriff", and two for the office
of coroner, shall be chosen by the citizens residing in each county,
and having right to vote tor representatives at the time and places
of election of representatives, one of whom tor each office rel
pe&ively, shall be appointed bv the Governor. They shall hold
iheir offices for three years, if so long they shall behavt themselves
well, and until fucceflors be duly qualified ; but no person shall
be twice chosen or appointed fhenff in any term of fix years.
The Governor shall fill vacancies in these offices by new appoint
ments to continue unto the next general election, and unnl fuc
celTors shall be choien and duly qualified. Every flierifF shall
keep a regular ftaiement and account of all monies received by
hirn as fhenff, and of the application thereof, and of all fees be
coming due to him ; and wiihin three months after the expiration
«f his office, shall deposit the book containing the fame, or a true
duplicate thereof, among the records of the prothonotary's office,
there to remain tor ir»fpe£hon. under such penalties for default as
shall beprefcribed by the legislature; and in like manner shall
return a statement and account of all monies received and applied,
and fees becoming due, upon sales made by h:m after the expi
ration of his office, within three months after every such falc.
The legislature, two thirds of each branch concurring, may when
u shall he judged expedient, vest the appointment of fheriffs in
ihe Governor, but no person shall be twice appointed fhenff in
anv term of fix years.
6. The attorney-general, clerks of the supreme court, protho
notaries, registers, clerks of the orphans courts, and of the peace,
ihail refpe&ively be cominiflioned tor five years if so long they
ihall behave themselves well; but may be removed by the Go
vernor within that time on convi&ion of misbehavior in office, or
on the address of both houses of the legislature. Prothonotarics,
clerks of the supreme court, of the orphans courts, regiflers, re
corders, and fheriffs, shall keep their offices in the town 01 placc
111 each county, in which the supreme court and the court of
common picas ace usually held.
7. All inferior officers in the treasury department, attornies at
law, election officers, officers relating to taxes, to the poor, and
to highways, constables, and hundred officers, shall be appoint
ed n luch manner as is or may be dirc£led by law.
8. All falancs and fees annexed to offices shall be moderate ;
and no officer lhall receive any fees whatever, without giving to
the person who pays, a receipt for tnem, if required, therein fpe
ciiying every particular and ihe charge fur it.
9. Norofts shall be paid by a person accufcd, on a bill beiAg
returned Ignoramus ; nor on acquittal by a jury, unless a majority
of the judges present at the trial certify, that there was probable
cause tor the prosecution.
a. T TPON the revsrfal ot a judgment or decree of the supreme
court, or cf the common pleas, or decree of the chancel
lor, this court shall refpe&ively reader such judgment, or pass
such decree, as the supreme court of the common pleas, or the
chancellor ought to have rendered or pa fled, except where the re
*erfal is in favor of the plaintiff or petitioner in the original suit,
and the damages to be aflefied, or the matters to be decreed, arc
uncertain : in°any of which cales thetaufe shall be remanded, in
order to a final decision.
io. The rights, privileges, immunities, and estates of religious
societies and corporate bodies, fliall remain as if the conftituiion
o{ this State had not been altered, No clergyman or preacher of
the gospel, of any denomination, shall be capable of holding ar.y
civil ofiice in this State, or of being a member of either branch of
the legiflaiure, while he continues in ihecxercife of the paltoral
or cltrical tunftions.
2. Provision refpe£ling the militia (hall be made by, law, con
formably to the conflitution of the United States.
ii. All the laws ot this State, existing at the time of making
this conrtitution and not inconfiltent with it, fhal 1 remain in fntce,
"nlcls they thall be altered by future laws : And all actions and
prufecutions now pending, shall proceed as ii tins constitution had
not been made.
12. 1 his coni\itution (Tiall be prefixed to every edition of the
made by dire&ion ol the legislature,
13. 1 he legiflaature thail, as soon as conveniently may be, pro
vide by law, tor afceuaining what ftatutej, and parts of statutes,
J ":f nt ' nuc to be in llir « within this State ; for reducing them,
and all acts of the general assembly, into such o.der, and publilh
ing them in such manner, that thereby the knowledge of them
may be generally diffufed ; lor choosing infpefto.s and judges of
flections, and regulating the fame in such manner as fhill molt
tiKctnally guard the rights of the citizens entitled to vote; for
better fecunng personal liberty, and ealily and speedily redrefinz
all wrongful redraints thereof ; tor more certainly obtaining re
turns ol impart,al juries; for dividing lands and tenements in
la.es by theriffs, where they will bear a division, into as many
parcels as mav be, without spoiling the whole; and for ad*er
tiling and making the sales in such manner, and at such times,
and places, m may render them mod beneficial to all persons con
< erned ; and foi eftablilhing schools, aud promoting arts and fci
uoc" »n one or more {cminaties of karainj.
4. The State treafurcr (hall be appointed annually by the House
of Representative with the concurrence of the Senate. No per
son, who hath served in the office of State treasurer, (hall be eli
gible to a feat in either House of the legislature, until he shall have
made a final settlement of his accounts as treasurer.
3. The representative, and when there (hall be more than one,
the leprefentatives of the people of this State in Congress, (hall be
voted for at the fame places where representatives in the State le
gislature are voted for, and in the fame manner.
THE CITIZENS OF THE DELAWARE STATE ;
Purluaut to an Order of the Convention ot the 31 it Dec. 1791
CONSTITUTION OF GOVERNMENT
PUBLISHED FOR THE CONSIDERATION OF
[No. 85, of Vol. lII.] Saturday, February iB, 1792.
FROM THE DEL AWARE GAZETTE
(CONCLUDED FROM OUR LAST.)
ARTICLE VIII
A NATIONAL PAPER, PUBLISHED WEDNESDAYS AND SATURDAYS BY JOHN FENNO, No. 69, HIGH-STREET, PHILADELPHIA.
The general affcmbly, whenever two thirds of each house shall
deem it necefTary, may with the approbation of the Governor,
propose amendments to th"S conftitut ion, and duly publish them
in print for the consideration ot the people, at least three and not
more than fix months before the next general election of repre
fenrativcs ; and if three fourths of each branch of the legislature
shall after such an election, and before another, ratify the said
amendments, they shall be valid to all intents and purpoles as
parts of this conllitution. No convention lhall be called but by
Che authority of the people; and an unexceptionable mode of
making their sense known wi'l be for them at a general election
■of representatives, to vote also by ballot Jot or againjl a conven
tion, as they lhall feveraliy choose to do ; and if thereupon it shall
appear, that a majority of all the citizens in the State voting for
representatives, have voted for a convention, the general alTembly,
shall accordingly at their next leflions, call a convention to con fill
of at leail as many members as there aie in both houses of the le
gislature, to be chosen in the fame manner, at the fame places, and
at the fame time ihat representatives are, by the citizens entitled to
vote for representatives, on due notice to them given lor one
month, and to meet within three months after the laid ele&iou.
If we had drinked small-beer, it would be a
short story to tell you all that palled, but as small
beer would not go down, we were all very talk
ative— we did not drink to excels however. in
stead of telling you all that was said, it will be
fufficient to tell you what was finally agreed to.
The funding fyftetn was at firft condemned as
very improper, and anti-republican — but after
mature enquiry it was allowed that it was a very
good thing. What does that promise, said we,
more than to pay ourjuft debts—Debts contract
ed to make the lands we live on our own, and to
remove a stranger and intruder from them.
Tho we pay at 20s. in the pound, as some com
plain, we had the value at that time when the
debt was contracted, and now we have the bene
fit more than twenty fold, having beaten our e
nemies, and being let down to enjoy pcace and
security under a free government. If then we
owe the debt, what harm to promise to pay it.
The funding fyftein acknowledges the debt, and
engages to pay the interest quarterly. Something
was to be done with the debt—Congiefs must ei
ther pay the principal of ihedebtat once, orpay
the interest yearly by annual grams, or fund it
as they have done, or take ihe fpuiige and rub
it out. When we blame Congress for the way
they have pursued, it is but fair 10 fee what o
ther ways lay open for them. We should not
have thanked Congress to call for a direCt tax to
pay off the debtat once. We had not the money.
Such a great demand would have cruflied us, and
it is out of the queltion.— Had Congress forborne
to fund the debt, it would ha. e been a better
speculating I'cheine than it is now. The more
uncertaiu from year to year, the better for the
MR. FENN'O,
I AM a plain farmer ; and as the winterevenings
are long, I love to gee the city papers and to
con over the affairs of the nation. My own af
fairs go very well ; wheat has fold very well
since the new government began, the crops have
been good, and I find since the debt has inade
such a suss 1 get the ready cacti better than ever,
for cafli is grown plenty. Thus I am quite at
leisure to inind what does not more concern'me
than another man. I have a family, however,and
I look forward to futurity as I ought. No body
will wonder then that 1 am a deep politician.
I have read the city papers til! the cold sweat
ran down my face—l never sweated more at the
plow. I read about the danger that our repub
lican principles are exposed to, and how nionied
men are growing up to the lize of Goliah, and
how Congress is all wrong, and how we are too
rich now to be virtuous and free, tho t'other day
we were too poor to pay for a government, and
then the charge of it would take our bread away,
and our children would cry for a crust. 1 love
my family as well as a bird loves her nest, and
my children as well as she loves her young. I
had rather secure to them a good education and
a free government, than to learn them to dance
and leave behind me a great estate. I have been
led into an hundred scrapes by thinking too well
of my own opinion, and so fays I, I will fee how
the wind is with my neighbors, far we live migh
ty well together. A dozen of us got together on
new year's evening, and then we talked all these
matters over.
Members of the general alTembiy, and all officers executive and
judicial, (hail be bound byoath or affirmation to lupport the con
ltitucion of this State, and to perform the duties of their iefpe£live
oracci with fidelity.
FOR THE GAZETTE OF THE UNITED STATES.
a true copy
JAMES BOOTH, Secretary oj the Convention.
ARTICLE IX
ARTICLE X
357
As to the fiddle-faddle story of the great na*
bobs becoming lords, I feel quite at my eai'e.
They must leave off getting children—otherwile
half a dozen or halfa fcoreyoung fellows in each
family, will be found to have a greater inheri
tance in folly and luxury than in 6 per cents.
And what care we, the lords of the foil, for the
fix per cent gentry. Their wealth gives them
no power over us—and as to their number and
influence, they will afFecft llie price of pheafanis
and v enifoil more than the votes of Ihe yeomanry.
The country is in the hands of the landed in
terelt— which outweighs as much as it outnum
bers the monied inteieft. The latter has ever
been as a drop in the bucket : — and though it ha#
intreafed of late very unexpectedly, the landed
interest has not increased less—and it is going on
with a speed and to an extent that mocks the filly
apprehensions of the monied interest eating ic
up. Look round and fee how the frontier circle
widens—fee how the interior part improves—
fee how arts and manufactures multiply—A man
who stands 011 a wharf, fees none of this won
derful growth of the landed interest—he fees the
growth of trade, which indeed flows from the
growth of the country produce—he fees the mer
chants and rich people scattering handfulls of
money for luxuries, and he is ready to cry out
that the newspapers are in the right to found the
alarm for liberty ; and lb he snatches his pen and
ink to tell us how we afe made beggars by grow
ing rich, and all slaves by honest and equal laws.
But the landed interest governs every country —
and as in this men live on their own farms, and
are not tenants, nothing is more certain than
that the people may govern if they will. Liberty
is not exposed to any new danger by the new
monied interest, as the public creditors are term
ed by the angry newspaper writers, 0n thecon
This is alledged to be dangerous to a republi
can people. There may be a snake in the grafSj
but 1 cannot fee how a people expose theinfelve*
by a<fting according to good conscience. We owe
the debt, and we ought to pay it as soon as we
can. I cannot for my life fee what there is anti
republican in purl'uing the plain old path of com
mon honesty.
Some have found fault because the whole debt
cannot be redeemed at pleasure. Where is the
harm of that, pray ! We have taken a ftouc slice
from the creditors on that account ; atid have
we parted with any very valuable rights ? Have
we not rei'erved.the right to redeem as much of
the debt as we have money to pay off. And what
a rout is kept up in the liewfpapers, because we
have parted with the right to do what wecannot
do. And yet we have been well paid for parting
with the right by the funding fyftetn, i. e* by
the 3 per cents and deferred debt.
{peculators. They would have (peculated oti
the chance chat the interelt would not be voted
for at the year's end. Who would have been
the gainers by this uncertainty. Not the farm
ers. The money would have been drawn to the
seaports, where this icheme of yearly grants for
the interelt would have opened' the molt profita
ble market for money. Therefore few would
have engaged in the improvements or purchale
of lands. And the debt itfelf, tlio always em
ploying money, would not have taken the place
of money as it has done ot late. Another very
bad conference has been told us, that foreign
ers would have got the certificates for a trifle.
It is true they have bought them (ince the debt
was funded, but we have got into the country
245. or 255. for evet y 20s. We receive more than
we give, and it is 110 c easy to fee how the coun
try can he made poor by making good bargains.
Why then (hould we not fund the debt at once.
We mean to pay it—where was the harm of fay
jng so. rh ela II method of d 1 fpofi ng of the debt
was to blot it out.—Some peopie think that would
be throwing off a weight they are tired of car
rying on their backs. Now, | teach my children
the ten commandments. I endeavorto bringthem
up to be honest men—and I (hould be miserable
it 1 forefaw that they would be brought to shame
for their misdeeds. — 1 (hould truly be afraid of
their turning out rogues in spite of my care, if
Congress had agreed to fpunge out the debt.
Government, by /hewing what advantage is to
be got by dilhonefty, would do a great deal to
wards (polling all the youth in the land. There
fore, if the devil tempted Congress to jockey the
public creditors, 1 am glad for my children's fake
they did not yield to him.
[Whole No. 295.]
ifc,