The Pennsylvania gazette — Philadelphia, Pa., 1776-10-09 00:00:00, page 2

Th CONVENTION at New-Caftie;fo the DEL A
WARE STATE, begun the „tb day of Auguft, l776,
and continued by adjournment to the Qi da, of September
felldwing.
The oath and affirmation with the declaration taken,
made and subscribed by the members refpeftively:
will to the utmost of
] my povter support and maintain the Independence of
this State as declared by the Honourable the Continental
Congress; and I will to the utmost of my ability endea
vour to form such a system of government for the people
of this State, as in my opinion may be best adapted to
promote their happiness, and secure to them the enjoy
ment of their natural, civil and religious rights and pri
vileges,
Ido profefs faith in
God the Father, and in Jesus Chris his only Son, and
in the Holy Ghost, one God bleffcd for evermore; and I
do acknowledge the Holy Scriptures of the Old and New
Testament to be given by divine inspiration.
The CONST! I'UTION or SYSTEM of GO
VERN MENT, agreed to and refolded upon by the
Reprefentatroe, in full Convention of the DE LA
WAR F 3TAT E, formerly filed the Government of
the Counties of New-Cadle, Kent and Sussex, upon De
laware, the said Representatives being chosen by the Free
men of the laid State for that express purpose.
Article x. rT^HE government of the counties of Neev
-1 Cadle, Kent and Sussex, upon Delaware,
shall hereafter in all public and other writings be called
The DELAWARE STATE.
2. The legislature Shall be formed of two distinct bran
ches :—They shall meet once or oftener in every year,
and ihall be called The General Assembly of Delaware.
3. One of the branches of the legislature shall be called
The House of Assembly, and shall consist of seven Repre
sentatives to be chosen for each county annually, of such
perfans as arc freeholders of the fame.
* 4.The other branch shall be called The Council, and
confix of nine members, three to be chosen for each
'county at the time of the firft election of the Assembly,
who shall be freeholders of the county for which they are
chosen, and be upwards of twenty-five years of age. At
Tse trad of one year after the general election, the Coun
cilor who had the smallest number of votes in each county
shad le qifplaced, and the vacancies thereby occasioned
fi?pplied by the freemen of each county chohhng the fame
or another person at a new election in manner aforefaid.
At the end of two.years after the firft general election, the
Counfellor who flood second in number of votes in each
county Shall be displaced, and the vacancies thereby oc
calioned supplied by a new election in manner aforefaid.
And at the end of three years from the firft general elec
tion, the Ccunfellor who had the greatest number of votes
in each comity shall be displaced, and the vacancies there
by occasioned supplied by a new election in manner afore
faid. And this rotation of a Counfellor being displaced
at the end of three years in each county, and his office
supplied by a new choice, shall be continued afterwards
in due order annually for ever, whereby, after the firft
g neral election, a Counfellor will remain in trust for three
years from the time.of his being elected, and a Counfellor
will be displaced and the fame or another chosen in each
county at every election.
'. The right of barrage in the election of members for
both Houses shall remain as exercised by law at present;
tod ^eh : rjote 441 !! choose it, owe Speaker, appoint its
own officers, judge of the qualifications and elections of
jts own members, fettle its own rules of proceedings, and
direct writs of election for Applying intermediate vacan
cies. They may also severally expel any of their own
members for mifbehaviour, but not a second time in the
fame fehions for the lame offence, if re-elected; and they
shah have all other powers necessary for the legislature of
a free and independent State.
6. Ail money-bills for the support of government shall
originate in the House of Assembly, and may be altered,
amended or rejected by the legislative Council. All other
bills and ordinances may tvbe rift in the House of Affem
biy or legislative Council, and may be altered, amended
or rejected by either.
7. A President or chief Magistrate Rail be chosen by
joint ballot of both Houses, to be taken in the House of
Assembly, and the box examined by the Speakers of each
House in the presence of the other members, and in case
the numbers for the two highest in votes should be equal,
then the Speaker of the Council shall have an additional
casting voice, and the appointment of the person who has
the majority of votes shall be entered at large on the mi
nutes and journos of each House, and a copy thereof on
paichm.r: certified and figged by the Speakers rcfpec
tively, and scaled with the Great Seal of the State, which
they are hereby authorifed to affix, shall be delivered to
the person so chosen President, who shall continue in that
office three years, and until the fitting of the next General
Assembly and no longer, nor be eligible until the expira
tion of three years after he shall have been out of that office.
Au adequate but moderate salary shall be fettled on him
during his continuance in office.—He may draw for such
sums of money as shall be appropriated by the General
Aficmbly, and be accountable to them for the fame. —
He may, by and with the advice of the Privy Council,
by embargoes, 01 prohibit the exportation of any com
modity for any ti ne not exceeding'thirty days, in the re
cess of tiie General Assembly.— He shall have the power
of granting pardons or reprieves, except where the pr®-
fecution shall be carriedor, by the.Houfe of Assembly, or
the law shall otherwise dirrtt, in which cases no pardon
or reprieve shall be granted but by a resolve of the House
of Assembly :—And may exercise all the other executive
powers of government, limited and restrained as by this
Constitution is mentioned, and according to the laws of
the state. And on his death, inability, or absence from
the Rate, the Speaker of the Legislative Council for the
time being shall be Vice-Prtfideirt, and in case of his death,
inability,, or absence from the State, the Speaker of the
House o' Assembly shall have the powers of a President,
until a new nomination is made by the General Alfemblv.'
8. A privy C mu \ confiding of four members, shall
be chosen by bdhd, two by the Legislative Council, and
two by the House of Assembly: Provided, that no regu
lar officer of the army or navy in the fcrvicc and pay of
the Continent, or of this, or of any other State", shall be
eligible. And a member of the Legislative Council or of
the House of Assembly being chosen of the Privy Council,
and accepting thereof, shall thereby lose his feat. Three
members shall be a quorum, and their advice and pro
ceedings shall be entered on record and figped by the mem
bers present (to any part of which anv member may en
ter his dissent) to be laid before the General Assembly
when called for by them. Two members dull be remo
ved b, ballot, one by the Legislative Council and one by
the House of Assembly, at the end of two years, and those
who remain the next year after, who shall severally be
ineligible for the three next years. These vacancies, as
well as those Occasioned by death or incapacity, shall be
supplied by new elections in the fame manner. And this
rotation of a Privy Counfellor shall be continued after
wards in due order annually for ever. The President may
by summons convene the Privy Council at any time whert
the public exigences may require, and at such place as
he fhalfthirik most convenient, when and where they are
to attend accordingly.
9. The President, with the advice and consent of the
Privy Council, may embody the Militia, and aft as Cap
tain-General and Commander in Chief of them and the
other military force of this State, under the laws of the
fame. _.
10. Either House of the General Assembly may adjourn
themselves refptdively. The President shall not pro
rogue, adjourn or dissolve the General Assembly, but he
may, with the advice of the Privy-Council, or on the
application of a majority bf'el 'er House, call them be
fore the time they shall hand adjourned, and the two
Houses shall always fit at the fame time and place, for
which purpose, immediately after every adjournment, the
Speaker of the House of Assembly shall give notice to
the Speaker of the other House, of the time to which the
House of Assembly Rands adjourned.
it. The Delegates for Delaware to the Congress of
the United States of America shall be chosen an
nually, or superseded in the mean time, by joint ballot
of both Houses in the General Assembly.
12. The President and General Assembly shall by joint
ballot appoint three justices of the Supreme Court for
the State, one of whom shall be Chief-Juftice, and a
Judge of Admiralty, and also four Justices of the Courts
of Common Pleas and Orphans Courts for each county,
one of whom in each Court shall be stiled Chief Justice,
(and in case of division on the ballot, the President shall
have an additional caftihg Voice) to be commissioned by
the President under the Great Seal, who shall continue
in office during good behaviour; and during the time
the Justices of the said Supreme Court and Courts of
Common Pleas remain in office they shall hold none
other, except in the Militia.—Any one of the Justices of
either of said Courts shall have power, in case of the non
coming of his brethren, to pen and adjourn the Court.
An adequate fixed but moderate salary shall be fettled on
them, during their continue ein office. The President
and Privy Council shall appoint the Secretary, the Attor
ney-General, Registers for the Probate of Wills and grant
ing Letters of Administration, Registers in Chancery,
Clerks of the Courts of Common-Pleas and Orphans
Courts, and Clerks of the Peace, who shall be commis
sioned as aforefaid and remain in office during five years,
it they behave themselves well; during which time the
said Registers in Chancery and Clerks shall not be Justices
of either of the said Courts of which they are officers,
but they shall have authority to sign all Writs by them
issued, and take recognizances of bail. The Justices of
the Peace shall be nominated by the House of Assembly,
that is to fay, They shall name twenty-four persons for
each county, of whom the President, with the approba
tion of the Privy-Council, shall appoint twelve, who shall
be commissioned as aforefaid, and continue in office
during seven years, if they behave themselves well ; and
in case of vacancies, or if the legislature shall think pro
per to increase the number, they shall be nominated and
appointed in like manner. The members of the legislative
and Privy-Council shall be Justices of the Peace for the
whole State, during their rSntinuance in trust; and the
Jaftices of the Courts or epamon Ileas shall he Conser
vators of the peace in the refyftive counties.
13. The Justices of the Courts of Common Pleas and
Orphans Courts shall have the power of holding inferior
Courts of Chancery as heretofore, unless the legislature
shall otherwise direct.
14. The Clerks of the Supreme Court shall be appoint
ed by the Chief Justice thereof, and the Recorders of
Deeds by the Justices c> the Courts of Common Pleas
for each county severally, : nd commissioned by the Pre
sident under the Great Se , and continue in office five
years, if they behave themselves well.
15. The Sheriffs and Coroners of the refpeftive coun
ties shall be chosen annually as heretofore ; and any per
son having served three years as Sheriff shall be ineligible
for three years after ; and the President and Privy Coun
cil shall have the appointment of such of the two candi
dates returned few said offices of Sheriff and Coroner as
they shall think best qualified, in the fame manner that
the Governor heretofore enjoyed this power.
16. The General Affmj'y, by joint ballot, shall ap
point the Generals and Fic.d Officers, and all other of
ficers in the army or navy f this State. And the Pre
sident may appoint duria, 'endure, until otherwise di
rected by the legiflatur - .necessary civil officers not
herein before mentioned .
17. There shall be an appeal from the Supreme Court
of Delaware in matters of law and equity to a court of
seven persons, to consist of the President for the time be
ing, who shall preside therein, and fix others, to be ap
pointed, three by the Legislative Council, and three by
the House of Assembly, who shall continue in office du
ring good behaviour, and be commissioned by the Pre
sident under the Great Seal; which Court shall be stiled
The Court of Appeals, and have all the authority and
powers heretofore given by law in the last resort to the
King in Council under the old government. The Secre
tary shall be the Clerk ofriri Court, and vacancies there
in occasioned by death or incapacity shall be supplied by
new elections in manner aforefaid.
18. The Justices of the Supreme Court and Courts of
Common Pleas, the members of the Privy Council, the
Secretary, the Trustees of the Loan-Office, and Clerks of
the Courts of Common Pleas, during their continuance
in office, and all perfors concerned in any army or navy
contrasts, mall be ineligible to either House of Assembly;
and any member of either House accepting of any other
of the offices herein be >rc mentioned (excepting the of
fice of a Justice of the : ) shall have his feat thereby
vacated, and a new eL - dnall be ordered.
19. The Legislative L. -e, and Assembly shall have
the power of making the ^rect Seal of this State, which
shall be kept by the F._. lent, or in his absence by :\e
Vice-Prefidcat, to be used by them as occasion may re
quire. It shall be called The Great Seal of the Delaware
State, and shall be affixed to all laws and commissions.
zo. Commissions fir 11 run in the name of The DE
LAWARE STA E, and bear test by the President.
Writs shall run in the tame manner, and bear test in the
name of the Chief Justices or Justice firft namedin the
commissions for the several Courts, and be sealed with the
public seals of such Courts. Indictments shall conclude,
against the peace and dignity of the State.
21. In case of vacancy of the offices above directed to
be filled by the Prebdent and General Assembly, the
President and Privy council may appoint others in their
head until there shall he a new election.
—. Every person, who shall be chosen 2 member of ei
27. The firft election for the General AG - ~ is
state shall be held on thetwenty-firft day xt,
at the Court-Houses in the several count 1 , in
ner heretofore used in the election of the v, ex
cept as to the choice of Infpe&ors and AT. ,s, u here
Assessors have not been chosen on the 1. oe, rb d.yof
September instant, which shall be made on the morrnug of
the day of eleftion by the electors, inhabitants of the
refpedtive hundreds in each county:—At which time the
Sheriffs and Coroners for the said courties refpe&ively
are to be elected : And the present Sher ffs of the c un
ties of New-Castle and Kent may he re-chosen to that
office until the firft day of O6to! er in the year of our la rd
one thousand seven hundred and seventy-nine; and the
present Sheriff for the county of Sussex may be rechofi A
to that office until the to day of O&o^r in the year of
our Lord one thousand seven hundred seventy-eight, pro
vided the freemen think proper to reeled them at every
general election; and the present Sheriffs and Coroners
refpe&ively shall continue to exercise their offices as here
tofore, until the Sheriffs and Coroners to be elected onlhe
said twenty-firft day of October shall be commissioned
and sworn into office. The members of the Legislative
Council and Assembly shall meet for tranfadting the bu
finefs of the State on the twenty-eighth day of October
next, and continue in office until the firft day of October
which will be in the year one thousand seven hundred
and seventy-seven ; on which day, and on the firft day of
October in each year for ever after, the Legislative Coun
cil, Assembly, Sheriffs and Coroners, shall be chosen by
ballot in manner directed by the several laws of this
State for regulating elections of members of Assembly
and Sheriffs and Coroners, and the General Affembiy
shall meet on the twentieth day of the fame month foi
the tranfafting the business of the State; and it any cf
the said firft and twentieth days of October thoukt be
Sunday, then, and in such case, the elections shall be
held, and the General Assembly meet the next day fol
lowing.
28. To prevent rny violence or force being used at the
said ele<ftior;s,no persons shall come armed to anv thems
and no muster of the militia shall be made on u.at da%
nor shall any battalion or company give in their votes im
mediately succeeding each other, if any other voter who
offers to vote objects thereto; nor shall any battalion or
company in the pay of the continent, or of this or an,
other State, be fuffered to remain at the time and place of
holding the said elections, nor within one mile of the said
places refpeaively, for twenty-four hours before the open
ing said elections, nor within twenty-four hours after the
fame are elofed, so as ia any manner to impede the freely
and conveniently carrying on the said election : Provided
always, that every elector may in a peaceable and orderly
manner give in his vote on the said day of election.
29. There shall be no establishment of any one reli
gions feet in this State in preference to another; and no
clergyman or preacher of the gospel, of any denomina
tion, shall be capable of holding any civil office in th^
State, or of being a member of either of the branches
the legislature, while they continue in the exercise of the
pastoral function.
30. No article of the declaration of rights and funda
mental rules of this State, agreed to by this Convention,
nor the firft, second, fifth (except that part thereof that
relates to the right of fuffrage) twenty-sixth and twenty
ninth articles of this constitution, ought ever to be viola
ted on any preteno whatever. No other parts of tt^
constitution shall - altered, changed or diminished,
without the consent of five parts in seven of the Assembly,
and seven members of the Legislative Council.
GEORGE RE AD, President.
Extract from the Journals,
Attest. ~James Booth, Clerk.
This Day it feublijbed, printed and fold by
R. Al I KE N, Printer and Bookseller,
, . Office the London Ctf^H^fe, Front-fat,
Contamifg nearly 240 Pages, large eflavo, in blue PoarE
Price One Dollar,
The Journals of the Proceedings of Congress
held at Philaaejbia, from January to May, 1776.>
ther House, or appointed to any office or place of trust,
before taking his feat, or entering upon she execution of
his office, shall take the following oath or affirmation if
confcientioufl y scrupulous of taking an oath, to quit.
" I, A. B. will bear true allegiance to the Delaware
" State, submit to its constitution and laws, and do no
“ a& wittingly whereby the freedom thereof may be
" prejudiced."
And allo make and fubferibe the following declaration,
to cuit.
" I, A. B. do profefs faith in God the Father, and in
“ Jesus Chrifthis only Son, and in the Holy Ghost, one
" God blessed for evermore; and I do acknowledge the
“ Holy Scriptures of the Old and New Testament to be
" given by divine inspiration."
And all officers shall also take an oath of office.
23. The President, when he is out of office, and with
in eighteen months after, and all others offending against
the State, either by mal-adminiftration, corruption or
other means, by which the fafety of the Commonwealth
may be endangered, within eighteen months after the
offence committed, fliall be impeachable by the House of
Assembly before the Legislative Council: Such impeach
ment to be prosecuted by the Attorney General, or such
other person or persons as the House of Assembly may
appoint, according to tee laws of the land. If found
guilty, he or they shall be either for ever disabled to hold
any office under government, or removed from office
pro tempore, or fubjeded to such pains and penalties as
the laws shall direct. And all officers shall be removed
on conviction of mifbehavieur at common law or on
impeachment, or upon the address of the General As
sembly.
24. All A&s of Assembly in force in this State on the
fifteenth day of May last (and not hereby altered, or
contrary to the resolutions of Congress, or of the late
House of Assembly of this State) shall so continue, until
altered or repealed by the Legislature of this State, unless
where they are temporary, in which case they fhal ex
pire at the times refpe&ively limited for their dur ton.
25. The common law of England, as 'veil as so much
of the statute law as have been heretofore adopted in
practice in th's State, shall remain in force, unless the,
shall , be altered by a future law of the Legislature; such
parts only excepted as are repugnant to the rights and
privileges contained in this Constitution and the Decla
ration of Rights, &c. agreed to by this Convention.
26. No person hereafter imported into this St de from
Africa ought to be held in flavcry on any pretence what
ever, and no Negro, Indian 01 Mu'atto have ought to
be brought into this State for sale from any p.irt . he
world.