of government, fhall hereafter be paid to the public treasury, unless altered or abolished by the future legislature.

XXXIV. A regifter's office for the probate of wills, and granting letters of administration, and an office for the recording of deeds, shall be kept in each city and county: the officers to be appointed by the General Affembly, removeable at their pleasure, and to be commiffioned by the President in Council.

XXXV. The printing preffes fhall be free to every person who undertakes to examine the proceedings of the legislature, or any part of government.

XXXVI. As every freeman, to preserve his independence, if without a fufficient eftate, ought to have some profeffion, calling, trade or farm, whereby he may honestly subfift, there can be no neceffity for, nor use in establishing offices of profit; the usual effects of which are dependence and fervility, unbecoming freemen, in the poffeffors and expectants; faction, contention, corruption and diforder among the people. But if any man is called into public fervice, to the prejudice of his private affairs, he has a right to a reasonable compenfation: and whenever an office, through an increase of fees or otherwife, becomes fo profitable as to occafion many to apply for it, the profits ought to be leffened by the legislature.

XXXVII. The future legislature of this State fhall regulate entails in fuch a manner as to prevent perpetuities.

XXXVIII. The penal laws as heretofore used, shall be reformed by the legislature of this State as foon as may be, and punishments made in fome cafes lefs fanguinary, and in general more proportionate to the crimes.

XXXIX. To deter more effectually from the committion of crimes, by continual vifible punishment of long duration, and to make fanguinary punishments lefs neceffary, houfes ought to be provided for punishing by hard labour, those who fhall be convicted of crimes not capital, wherein the criminal fhall be employed for the benefit of the public, or for reparation of injuries done to private perfons: and all perfons at proper times fhall be admitted to see the prisoners at their labour.

XL. Every officer, whether judicial, executive, or military, in au❤ thority under this Commonwealth, fhall take the following oath or af firmation of allegiance, and general oath of office, before he enter on the execution of his office :

VOL. II.

3 N

The

The oath or affirmation of allegiance: "I A. B. do fwear, or affirm, that I will be true and faithful to the Commonwealth of Pennsylvania; and that I will not, directly or indirectly, do any act or thing prejudicial or injurious to the Conftitution or Government thereof, as established by the Convention."

The oath or affirmation of office: "I A. B. do fwear, or affirm, that I will faithfully execute the office of

and justice to all men, to the best of my judgment and abilities, according to law."

XLI. No public tax, custom, or contribution, shall be impofed upon, or paid by the people of this State, except by a law for that purpose: and before any law be made for raifing it, the purpose for which any tax is to be raised ought to appear clearly to the legislature to be of more fervice to the community than the money would be, if not collected; which being well observed, taxes can never be burdens.

XLII. Every foreigner of good character who comes to fettle in this State, having first taken an oath or affirmation of allegiance to the fame, may purchafe, or by other just means acquire, hold, and transfer land or other real estate; and after one year's refidence fhall be deemed a free denizen thereof, and intitled to all the rights of a natural-born subject of this State, except that he shall not be capable of being elected a reprefentative until after two years refidence,

XLIII. The inhabitants of this State fhall have liberty to fowl and húnt in feafonable times on the lands they hold, and on all other fands therein not inclofed; and in like manner to fish in all boatable waters, and others, not private property.

XLIV. A school or fchools fhall be established in each county by the legislature for the convenient inftruction of youth, with fuch falaries to the mafters, paid by the public, as may enable them to instruct youth at low prices; and all useful learning shall be duly encouraged and promoted in one or more univerfities.

XLV. Laws for the encouragement of virtue, and prevention of vice and immorality, fhall be made and constantly kept in force, and provifion fhall be made for their due execution; and all religious focieties or bodies of men heretofore united or incorporated for the advancement of religion and learning, or for other pious and charitable purposes, fhall be encouraged and protected in the enjoyment

of

of the privileges, immunities and eftates which they were accustomed to enjoy, or could of right have enjoyed, under the laws and former Conftitution of this State.

XLVI. The Declaration of Rights is hereby declared to be a part of the Constitution of this Commonwealth, and ought never to be violated on any pretence whatever.

XLVII. In order that the freedom of this Commonwealth may be preferved inviolate for ever, there fhall be chofen by ballot by the freemen in each city and county respectively, on the second Tuesday in October, in the year one thousand seven hundred and eightythree, and on the fecond Tuesday in October in every seventh year thereafter, two perfons in each city and county of this State, to be called THE COUNCIL OF CENSORS; who fhall meet together on the fecoud Monday of November, next enfuing their election, the majority of whom fhall be a quorum in every cafe, except as to calling a Convention, in which two-thirds of the whole number elected shall agree; and whofe duty it shall be to inquire whether the Constitution has been preserved inviolate in every part, and whether the legislative and executive branches of Government have performed their duty as guardians of the people, or affumed to themfelves, or exercised other or greater powers than they are entitled to by the Constitution? They are alfo to inquire whether the public taxes have been juffly laid and collected in all parts of this Commonwealth, in what manner the public monies have been disposed of, and whe ther the laws have been duly executed. For these purposes they fhall have power to fend for perfons, papers, and records; they shall have authority to pass public cenfures, to order impeachments, and to recommend to the legiflature the repealing fuch laws as appear to them to have been enacted contrary to the principles of the Conftitution; these powers they shall continue to have, for and during the fpace of one year from the day of their election, and no longer. The faid Council of Cenfors fhall also have power to call a Convention, to meet within two years after their fitting, if there appear to them an abfolute neceffity of amending any article of the Conftitution which may be defective, explaining fuch as may be thought not clearly expreffed, and of adding fuch as are neceffary for the prefervation of the rights and happiness of the people; but the articles to be amended, and the amendments propofed, and fuch articles as are proposed to be added or abolished, shall be promul gated at least fix months before the day appointed for the election 3 N 2

of fuch Convention, for the previous confideration of the people, that they may have an opportunity of inftructing their delegates on the fubject.

The foregoing conftitution was fully ratified and confirmed in 1790, by the council of cenfors,

Among other useful laws of this State, of a public nature, are one that declares all rivers and creeks to be highways; a law for the emancipation of negroes, already mentioned; a bankrupt law, nearly on the model of the bankrupt laws of England; and in this year, 1794, the legiflature of Pennsylvania, with a view to foften the rigour of penal law, have paffed an act, declaring that no crime, except murder of the first degree, shall be punished with death. Murder of the first degree is defined to be, a killing by means of poifon, by lying in wait, or with other kind of wilful, deliberate, premeditated intention, or which shall be committed in the preparation or attempt to perpetrate any arfon, rape, robbery, or bur glary.

All other kinds of killing fhall be deemed murder in the fecond degree. The kind of murder to be ascertained by a jury.

Perfons liable to be prosecuted for petit treason, fall be proceeded against and punished as in other cafes of murder.

High treafon is punished with confinement in prison and the penitentiary house, not less than fix, nor more than twelve years.

Rape not less than ten, nor more than twenty-one years. Murder of the fecond degree not less than five, nor more than eighteen years.

years, with

pay

Forgery not less than four, nor more than fifteen ment of a fine not to exceed one thousand dollars. Manflaughter not less than two, nor more than ten years, and giving fecurity for good behaviour during life.

Maiming not less than two, nor more than ten years, with a fine not exceeding one thousand dollars.

Perfons being charged with involuntary manflaughter, the attorneygencral, with leave of the court, may wave the felony, and proceed against them, as for a misdemeanor, and give in evidence any act of manflaughter; or the attorney may charge both offences in the fame indictment, and the jury may acquit the perfon of one or both. The benefit of the clergy is for ever abolished.

STATE

STATE OF

DELAWARE,

SITUATION, EXTENT, &c,

THIS State is fituated between 38° 30′, and 40° north latitude,

and 0° and 1° 45′ weft longitude, It is ninety-two miles long, and twenty-four miles broad. It is bounded on the east, by the river and bay of the fame name, and the Atlantic ocean; on the south, by a line from Fenwick's-ifland, in latitude 38° 29′ 30′′, drawn weft till it interfects what is commonly called the tangent line, dividing it from the State of Maryland; on the weft, by the said tangent line, pasfing northward up the peninfula, till it touches the western part of the territorial circle; and thence on the north, by the faid circle, defcribed with a radius of twelve miles about the town of Newcastle.

This State appears to have derived its name from Lord Delawar, who completed the settlement of Virginia.

FACE OF THE COUNTRY, SOIL AND PRODUCTIONS. The State of Delaware, the upper parts of the county of Newcaftle excepted, is, to speak generally, extremely low and level. Large quantities of stagnant water, at particular seasons of the year, overspreading a great proportion of the land, render it equally unfit for the purposes of agriculture, and injurious to the health of the inhabitants. The fpine, or higheft ridge of the peninfula, runs through the State of Delaware, inclined to the eastern or Delaware fide. It is defignated in Suffex, Kent, and part of Newcastle county, by a remarkable chain of swamps, from which the waters defcend on each fide, paffing on the east to the Delaware, and on the weft to the Chesapeak. Many of the fhrubs and plants growing in these swamps are fimilar to those found on the highest mountains.

fertile

Delaware is chiefly an agricultural State. It includes a very tract of country; and scarcely any part of the Union can be selected more adapted to the different purposes of agriculture, or in which a

greater