Gazette of the United-States. — New-York [N.Y.], 1792-02-04 00:00:00, page 1

8. He (hall appoint all officers, whose offices are eftablilhed
by this Constitution or lhall be established by law, and whose
appointments are not herein of he rwife provided for ; but, no per
son IhaJl be appointed to an office within a county, who lhall not
have a right to vote for Representatives, and have beeli an inhabi
tant therein one year next before his appointment, nor hold the
office longer than he continues to rcfide in the county. No'
members ofCongrels, nor perion holding orexerciling any office
under the United States, !hall at the fame time hold or exercise
the office of judge, treasurer, attorney general, fecretarv, clerk of
cne supreme jourt, prc.honotarv, rcjiftcr for the probate of wills
and granting letters of adnuniftration, recorder, (hcriff, or any
office under this state with a falarv by law annexed toil, or any
other office which shall declare incompatible with
offices or appointments under the United States. All comimfli
ons shall he in the name of the state, shall be sealed with the great
seal, ana he ligued and tefled by the Governor.
9. He shall hove power to remit fines and forfeitures, and to
grant reprieves and pardons, except in cases of impeachment.
10. He may require information in writing from the officers in
the executive department, upon any fubj-& relating to the duties
ill their refpeftive officcs.
"■ He lhall from time 104'ime give to the General A fiemMy in
formation of affairs concerning the (late ; and recommend to theii
confederation such measures as he (hall judge expedient.
12. He may on extraordinai y occafioiis convene the General
Aflembly, and in cafe of disagreement between the iwo Houses
with refpeft to the time of adjournment, adjourn them to such
lime as he (hall think proper, not exceeding three months.
13. He (hall take care that the laws be faithfully executed.
14. Onthe death or resignation of the Governor, ot his re
moval from officeon impeachment, or for inability, the Speaker
of the Senate at that time lhall exercise the office of Governs un
til a new Governor (hall be duly qualified ; and on the death or
resignation of the Speaker of the Senate, the Speaker of '.he House
of Representatives at that time fl.all exercise the office, until it be
regularly vefled in a new-Governor. If the trial of a conteflcd
election (hall continue longer than until the thud Turfday in Ta
nuar\ next eufu.ng theeleaion of a Governor, the Governor of
tbe lad yeaT, or the Speaker of the Senate, or of House of Re
presentatives. who may then be in the exercise of the executive
authority, (nail cotmuue therein until a determination ot such
coritefted deAion. The Governor (hall not be icrr»ved from his
<>«ice(or inability, hut with the concurrence of two thirds of all
the members of each House.
Contested ele&ions of a Governor (hall be determined by a
joint committee, confiding of one third of all the members of each
House, to be felefted by ballot of the two Houses tefpedtively :
Every person of the committee shall take an oath or affirmation,
that in determining the said election, he will faithfully discharge
the trust reposed in him; and the committee shall always fit with
open doors.
The returns of every efe&ior so- Governor (halt be fealcd up,
and inv. ■::c'y delivered M/ th 6 »eturr >f the several
counties the Speaker i r :K Se-iatc or in death to the
Speaker of'he -"Jo..' ot P eprefentatives, w! ep the fame
until a i> ; -ker of the Senate ,*ll be apr- eci. whom they
ihall be immediately oelivered after his appointment, who shall
open and publish the fame in the presence of the members of both
Houses of the Legiflarure. The person having the highest num
ber of votes (hall be Governor : But, if two or more shall be e
qual in the highest number of votes, the members of the two
Houses (hall by joint ballot clfoofe one of them to be Governor ;
and if upon such ballot, two or more of them (hall still be equal
and highest in votes, the Speaker of the Senate ihall have an addi
tional casting vote.
ARTICLE IV.
/■-i' CT '°" V. , !' el ' a i i ons of Governor, Senators, and Repre.
hlta; alldin s uch elections every white
Meman of the age of twetity-one years, having, relided in the
f l"" WXI bes T within tha, time paid
» Stale or eounty la*, which shall have been assessed at least fix
months before the elefl,on, (hall enjoy the right of an elcttor •
-odtbefoosofperibni so qualified, ftul! between the ages of
Sect.SS t .
4 He shall be at least thirty years of age, and have been a citi
zen and inhabitant of the United States twelve years next before
the firft meeting of the Legiflaiure after his ele£lion, and the last
fix of that term an inhabitant ot this state, tin left he (hall have
been abfait on the public bafincfs of the United S.ates or of this
(late.
6. The Governor shall at flat-a times receive for his services an
adequate but moderate salary, to beiixed by law, which shall be
neither incre'afed nor diminished dunng the pejkiod for which he
shall have been elected.
7- He (hall be commander in chief of the army anj navy of
I his state, and of the mil it i a ; except when they li:aU be calh d into
the service ot the United States.
15, A Secretary (hall be appointed and commiflioned during
■he Governor SCO".,nuance in office.it he (hall f„ long behave
h,mfelfwell. He lhall keep a fair register of all the official ad,
Governor ; and (hall, when ,e«f u ired by either l„ an eh of
b E .'k l', T* 3 a " paoers ' vouchers
relat.ve thereto, oefore them ; and Hull perfonn lueh other du
.es as (hall be enjoined him by law. He Ihall have a compeufa
lion lor his fcrvices to be fixed by law.
places where they vre far >c >■
5. No member of Congress or person holding any office under
the United Statet, or this ilate, shall extrcife the office of Gover
nor.
2. T
ber, by th<
fentatives
3. The Governor (hall hold his office during three years from
the third Tuesday in January next ensuing his ele&ion, and (hall
not be capable of holding it longer than fix in any term of nine
years,
THE CITIZENS OF THE DELAWARE STATE ;
Pursuant to an Order of the Convention ot the 31 ft Dec. 1791
(continued :ao
CONSTITUTION OF GOVERNMENT
PUBLISHED FOR THE CONSIDERATION OF
[No. 8 1, of Vol. lII.]
the counties wbere
FROM THE DELAWARE GAZETTE.
ARTICLE 111
A NATIONAL PAPER, PUBLISHED WED VESDAYS AND SATURDAYS BY JOHN FENNO, No. 69, HIGH-STREET, PHILADELPHIA
THE GAZET
oe Swiif*
ne Ex
turner of " - Jtaie (hall be
SATURDAY LAST.)
fday in O&o-
for Reprc
refide, ai the
By a gentleman arrived in town yffterday from
the Welt ward, we learn, that Capt. Dark, son of
Colonel Dark, had died of the wounds he receiv
ed in the late engagement with the Indians.
U. By the death of any party ro suit in chancery or at law,
whtrethe cause of action survives, shall abate ; but, until the lt>
giildiuie shall oiherwifc provide, suggestion ot iuch death being
entered ot record, the executor or adminifti ator of a dcceafed
petitioner or plaintiff may prolccute the said suit; and if a rei
pondent or defendant dies, the executor or administrator being
duly fened with a fcire facias, thirty days before the return there
of, shall be considered as a patty to the suit in the fame manner
as if he had voluntarily made himfelf a party ; and in any of thole
casts, the court shall pass a decree, or render judgment for or
again ft executors or administrators, as to right appertain l . But
where an executor or administrator of a deceased respondent or
defendant becomes a party, the court, upon motion, shall grant
such a continuance of the cause as to the judges shall appear propei.
5• Any judge of the fuprcme court, or of the common pleas,
fkall ilTue the writ of habeas corpus in vacation time and out of
term, when duly applied for, which (hall be immediately obeyed.
6. Any judge ot the supreme court or of the common pleas
may, unleis the legislature shall otherwise provide by law, out ot
court rake the acknowledgment of deeds ; and the fame being
thcieon certified, under his hand, such deeds fhail be recorded,
and have the lame <tte£l as it acknowledged in open court.
7. In civil cautes when pending, the supreme court and com
mon pleas fhdll hove the power, before judgment, of dire£hng up
on such tcmis as they may deem reafonablc, amendments in plead
ings and legal proceedings, so that by error In any of them the
determination ot causes according to their real merit} shall not be
hindred ; and also of dire&ing the examination of witnefT.s thut
are aged, very infirm, or going out of the State, upon interrogato
ries de bene efle, to be lead in evidence in cafe cf the d?a !i or
departure ot the witnefles before the trial, or inability by reason
of age, sickness, bodily infirmity, or imprifonmcnt", then to at
tend; and alto the power of obtaining evidence fiom places not
within the State.
twenty-one and twenty-two years, be entitled to vote, al'hough
th«.y (ball not have paid taxes The returning officers of all elec
tions of Governor, Senator*, and Representatives, thall be chosen
by the people.
10. Jki any time pending an a&ion for deiu or damages, the
defendant may bring into court a turn of money for discharging
rhe tame ?nd thecoft thenacciucd, and the plaintiff not accepting
thereof, it shall be delivered for his use to the clerk or prothono
tary of the court ; and if upon the final decision of the cause, the
plaintiff shall not recover a greater turn than that so paid into
court for him, he lhall not recover any colls accruing after iuch
payment, except where the plaintiff is an executor or adininif
rator.
2. The Governor, and all other civil officers under this State,
shall be liable to impeachment for treason, bribery, or any high
crime or misdemeanor. Judgmens in such cases shall not ex
tend further than to removal hom office, and difqualification to
hold any office oT honor trust or profit under this State ; but the
party convitled shall nevertheless be fubjeft to indictment, trial,
judgment, and punishment according to law.
3. Treason againil this State shall consist only in levying war
against it, or in adhering to the enemies of the government, giv
ing them a:d and comfort. No person shall be convitbd of trea
son, unless on the testimony ©*' two witnefles of the fame oveit
ast, or on confei&on in open court.
4- Ihe judges of the common picas fhal.l be not fewer than
three, nor more than tour, one of whom shall be chief-jutlice.
1 here shall be a judge rending in each county. The jurifdithon
of this court Ilia 11 extend over il»e Stale* Any two of the judges
may ast as if all were present.
8. Su ts may originate in the supreme court or common pleas.
9. One judge of the supreme court or of the common pleas
may, if the other judges come not, open and adjourn the court,
and may also make the necefiary lules preparatory refpe£lively to
the trial or argument of causes.
2. The judges of the supreme court and of the common pleas
shall hold then offices during good behavior ; but for any reason
able cause which shall not be a fufficient ground for an impeach
ment, theGovemor may in his discretion remove any of them, on
the addicfs of two thirds of all the members ®f each branch
of the legislature. They shall atflatid times receive for their ser
vices adequate but moderate salaries to be fixed by law, which
shall not be diminished during their continuance in office, ano
shall be payable quarterly to their refpe£tive orders upon the trea
futer, out of any monies in theTreaiury; but they lhall hold no
other office of profit, nor receive any fees or perquifices, exccpt
such lees as shall be fixed by law for business lo be done out of
court.
Saturday, February 4, 1792.
Section i. The Houfc of Representatives shall have the folc
power of impeaching : but two thirds of all the members mull
concur in an impeachment. All impeachments shall be tried by
the-Senate; and when fating for that purpose, the Senators shall
be upon oath or affirmation to do jufttce according to the evi
dence. No peifon shall beconvi£tca without the concurrence of
two thirds of all the Senators.
3- The judge? of the supreme couit shall be not fewer than thrre,
nor more than tour, one of whom (hall be chief-joflice. There
shall he a judge refioing in each county. The jurifdi&ion of this
court shall extend over the State. The judges shall, by virtue of
their offices, be justices of oyer and terminer and general gaol de
livery in the feveial countics. Aoy two of the judges mayadtas
if all were present. «
2. Electors dial! in all cases, except treason, felony, or breach
of the peace, be privileged fttom aruft during their attendance at
elections, and in going to and leturning f 10m them.
ARTICLE V.
Section i The judicial power of this State shall be veiled in
a supreme court, and courts of oyer and terminer and general
gaol delivery, in a court of common pleas, and in an orphan's
court, register's court, and a court of quaiter feflions of the peace
for each county, in justices of the peace, and in such other courts
as the legislature, two thirds of all the members of each branch
concurring, may fiom time to time eflablifh.
I"REDERICK-TO WN, January 21.
ARTICLE VI
(to be continued.)
321
1 he decayed popularity of M. Neckar is a home
lellon to the vanity of itatefmen. Itismorethan
piobaMe, that this minister, who is now altnoft
uiiiverfally execrated in France, is the belt and
honetteft politician-in Europe.
> he alTemblv go on forming their committees.
I heir numbers will make a conliderable majori
ty ot the whole house j so that if they have a
mutual indulgence forone another, tbeyarefure
ot each carrying his point.
PARIS, October 26. „
learn from Stockholm, that since the 110-
tification of the King's acceptation of the
constitutional charter, the preparations for the
military service do not go on with the fame vi
gor; the minister, however, who was charged
with this important communication, has fiot yet
1 eceived his dispatch—os course, we are all anxi
ous for his Swedish MajeftyYanfwer; the more
so, as we cannot doubt of the ardor with which
that sovereign had adopted the inrereds of the
court of France, there being a which
meets with considerable belief, that he was in
cognito at Paris, attended only by the Baron de
and two valets de chambres, at thetiine
of the King's evasion.
directors.
Henry Thornton, Chairman, Jol'eph Hardcaftle.
Phi. Saiifoni, Dep .Chairman, Thomas Clarkfon
Charles Middleton, Vickeris Taylor,
William Wilberforce, William Sanford
Granville Sharp, Thomas Eldred.
John Kingston, George Wolff.
Samuel Parker
* !*-
N. B. For the convenience of those v.ho are
poflefled of property which they cannot dispose
of before their departure, the Company will au
thorise an Agent, who, on receiving from any
proprietor a fufficient power for that pnrpofe,
fliall fell the fame for his benefit, and remit the
purchase money the hands of the Com
pany; to fucli proprietor at Sierra Leone.
1 hat for all stores, provisions, &c. supplied
rrorn the Company's warehouses, the Company
(hall receive an equitable compensation, accord
ing to fixed rules, extending to the Blacks and
Whites indiscriminately.
That the civil, military, personal, and com
mercial rights and duties of Blacks and Whites,
/hall be the fame, and secured in the fame man
ner.
And for the full afl'urance of personal protec
tion from slavery to all such Black settlers, the
Company have Subjoined a copy of a claufe'con
tained in the Ai r t of Parliament, whereby they
are incorporated, viz.
" Provided also, and be it further en
" acted, that it ihal! not be lawful for the said
" Company,either directly or indirectly, by itfelf
or themselves, or by the agents or servants of
" the said Company, or othervvife howsoever, to
" deal or traffic in the buying or felling of Haves,
" or in any manner whatsoever to have, holdj
" appropriate, or employ any person or persons
" in a ttate of ilavery, in the service of the said
" Company."
Ha l i pax, Sept. 27.
FREE SETTLEMENT on the COAST e/AFRICA.
HHHE SIERRA LEONE COMPANY, willing to
J- receive into their Colony such Free Blacks
as are able to produ ce to iheir Agents, Lieut.
Clarkfon, ot his Majesty's Navy, and Mr. Law
ranee Hartthorn, of Halifax, or either of them
latisfadoryTellimonials of their characters ( more
particularly as to honesty, sobriety, and indus
try) think it proper to notify in an explicit man
ner upon what terms they will receive at Sierra
Leone, those who bring with them written cer
tificates of approbation from either ot the said
Agents, which certificates they are hereby ref
petftively authorised to grant or withhold atdif
cretion.
It is therefore declared by the Company
That every Free Black (upon producing such
a certificate) shall have a grant of not less than
Twenty Acres of Land for himfelf, Ten for his
wife and Five for every child, upon such terms
and fubjeift to such charges and obligations (wjth
a vjew to the general prosperity of the Company)
as mall hereafter be fettled by the Company, in
refpe<ft to the grantsof lands to be made by them
to all settlers, whether Black or White.
Given under our hands, London, 2d Aug. 1791
FROM THE QJ'EiiEC HERALD.
wfi^Po
[Whole No. 289.]