ÆäÀÌÁö À̹ÌÁö
PDF
ePub

:

The oaths of allegiance and of office are made conformable to the principles of the Revolution. The governor, in his legiflative capacity, cannot give a negative to any act of the two houses; but, in common with the other magiftrates, has one voice only. The ftate is divided into five counties, in each of which there is a court of common pleas and general feffions of the peace, held twice every year, for the trial of all caufes not capital, that arife within their limits; from which an appeal, lies to the fuperior court of judicature, court of affize and general jail, delivery, whofe jurifdiction extends over the whole ftate, and who alfo fit twice a year in each county. The conftitution admits not of religious eftablishments, any farther than depends upon the vor Juntary choice of individuals. All men profeffing one Supreme Being, are equally protected by the laws, and no particular fect can claim pre-eminence.].

[ocr errors]

CONNECTICUT.

1 J.

ACCOUNT of the CONSTITUTION of CONNECTICUT.

ONNECTICUT is divided into fix counties, and each county is divided into a number of towns. Each town has a right to fend two reprefentatives to the general court or affembly. The general court confifts of two branches called the upper and lower houfe. The upper houfe is compofed of the governor, deputy-governor, and twelve affiftants or counfellors and the lower houfe of the reprefentatives of the several towns. This court has the fole power to make and repeal laws, grant levies, difpofe of lands belonging to the ftate, to particular towns and perfons: to erect and tile judicatories and officers, as they shall fee neceffary for the good government of the people; and alfo to call to account any court, magiftrate, or other officer, for any misdemeanor or mal-administration, and for juft cause may fine, difplace, or remove them, or deal otherwife, as the nature of the cafe fhall require; and deal or act in any other matter that concerns the good of the ftate, except the election of governor, deputy-governor, affiftants, treasurer, and fecretary, which hall be done by the freemen at the yearly court of election, unless there be any vacancy by reason of death or otherwife, after the election, which may be filled up by the general court. This court has power alfo, for reafons fatisfactory to them, to grant fufpenfion, release, and jail delivery upon reprieve, in capital and criminal cafes. The general court has two ftated feffions annually, on the fecond Thursdays of May and October.

The governor, or in his abfence the deputy-governor, may call the affembly, on special emergencies, to meet at any other time.

The

The governor, deputy-governor, affiftants, and fecretary, are annually elected on the fecond: Thurfday in May. The repre fentatives are newly chofen for each stated feffion. The judges and juftices are annually appointed by the general court; the fame perfons are commonly re-appointed from time to time during their capacity to ferve, unlefs guilty of misbehaviour. The theriffs are appointed by the governor and council, without limitation of time, but may be fuperfeded by the authority that appoints them. The governor for the time being is captain-general of the militia; the deputy governor, lieutenant-general the other gez neral officers, and the field officers, are appointed by the general court, and commiffioned by the governor. The captains and fubalterns are chofen by the vote of the company and houtholders living within the limits of the company; the person so chosen must be approved by the general court, and commiffioned by the governor, before they have power to execute their offices. Al the military officers hold their offices during the pleasure of the affembly, nor can they refign their dommiffions without leave of the captain-general, under penalty of doing duty in the ranks as private foldiers.

[ocr errors]

The mode of electing the governor, deputy-governor, affiftants, treasurer, and fecretary is, that the freemen in the feveral towns meet on the Monday next after the first Tuesday in April annually (being the day appointed by law for that purpose, and choofing reprefentatives), and give in their votes for the perfons they choose for faid offices refpectively, with their names written on a piece of paper, which votes are received and fealed up by a constable in the free men's meeting; the votes for each of faid officers in a different t paper, writing on the outside the name of the town, and theloffice for which the votes are given in, which are fent by the reprefentatives to the general court, to be held on the fecond Thurfday of May next enfuing; at which time, after the house of reprefentatives have chofen a fpeaker and clerk, a com mittee is chofen of members of both houfes, to fort and count the votes, and declare the names of the perfons chosen to faid offices. Any freemen qualified to vote for reprefentatives, &c. may be elected to any office in the government. In chopfing affiftants twenty perfons are nominated by the votes of the freemen, given in at their meeting for choofing representatives in September annually, and sealed up and fent to the general court in October then next, which are counted by a committee of both houses, and the twenty perfons who have the greatest number of votes ftand in nomination, out of which number twelve are to be chofen affiftants by the freemen, the next April, in manner afore defcribed.

The qualifications requifite to entitle a perfon to vote in election of the officers of government are, maturity in years, quiet and peaceable behaviour, a civil converfation, and forty fhillings freehold, or forty pounds perfonal eftate; if the felectmen of the town

3.

certify

certify a perfon qualified in those respects, he is admitted a freeman, on his taking an oath of fidelity to the ftate...

The names of all that are thus admitted, are inrolled in the town-clerk's office, and continue freemen during life, unless disfranchised by a fentence of the fuperior court on conviction of a mifdemeanour.

The governor or in his abfence the deputy governor in the upper house, and the speaker in the lower houfe of affembly, have a cafting voice when the members of the refpective houses, including the governor and fpeaker, are equally divided in opinion on any question. In

There is in this ftate a fuperior court, confifting of one chief judge and four other judges, which have authority in all criminal cafes, extending to life, limb, and banishment, and to hear and determine all civil actions brought by appeal from the county Courts, or on writs of error. This court also hath authority in all matters of divorce. There are two stated feffions of the fuperior court in each county annually.:::

There are alfo county courts held in the several counties, confifting of one judge and four juftices of the quorum, who have jurifdiction in all criminal cafes arifing within their respective counties, where the punishment does not extend to life, limb, or banishment. The county courts alfo have original jurifdiction in all civil actions wherein the demand exceeds forty fhillings. The fuperior and county courts try matters of fact by a jury, according to the course of the common law.

[ocr errors]

Juftices of the peace have authority to hear and determine civil actions where the demand does not exceed forty fhillings. They alfo have authority in fome cafes of a criminal nature, punifhable by fine not exceeding forty fhillings, or whipping not exceeding ten ftripes, or fitting in the stocks.

This ftate is alfo divided into a number of probate diftricts, lefs than counties; in each of which is appointed a judge for the probate of wills, granting administration on inteftate eftates, appointing guardians, for minors, ordering diftribution of ins teftate eftates, &c. An appeal lies from any decree of this court to the fuperior court. r.

The fuperior, county, and probate courts appoint their respective clerks.

...The general court has till very lately been the only court of chancery in this ftate. But by a late law, the county courts determine matters of equity from five pounds to two hundred pounds value; the fuperior court from two hundred to eight hundred pounds value; and the general affembly all cafes exceeding the laft mentioned fum.

All attornies at law are admitted and fworn by the county courts; there is no attorney general, but there used to be lone king's attorney in each county; but fince the king has abdicated the government, they are now attornies to the governor and company.

[blocks in formation]

The CONSTITUTION of the State of New-York.

Established by the CONVENTION, authorifed and empowered for that Purpose, April 20, 1777.

Τ

HIS convention, in the name and by the authority of the good people of this ftate, doth ordain, determine, and declare, that no authority fhall, on any pretence whatever, be exercifed over the people or members of this ftate, but fuch as shall be derived from and granted by them.

2. This convention doth further, in the name and by the authority of the good people of this ftate, ordain, determine, and declare, that the fupreme legiflative power, within this ftate, fhall be vefted in two feparate and diftinét bodies of men; the one to be called The Affembly of the State of New-York; the other to be called, The Senate of the State of New-York; who together fhall form the legiflature, and meet once, at leaft, in every year for the dispatch of bufinefs.

3. And whereas, laws inconfiftent with the spirit of this conftitution, or with the public good, may be haftily and unadvifedly paffed; be it ordained that the governor, for the time being, the chancellor, and the judges of the fupreme court, or any two of them, together with the governor, fhall be, and hereby are, conflituted a council to revife all bills about to be paffed into laws by the legiflature, and for that purpose fhall affemble themselves, from time to time, when the legislature shall be convened; for which nevertheless, they fhall not receive any falary or confideration, under any pretence whatever. And that all bills, which have paffed the fenate and affembly, fhall, before they become laws, be prefented to the faid council for their revifal and confideration; and if upon fuch revifion and confideration, it should appear improper to the faid council, or a majority of them, that the faid bill fhould become a law of this ftate, that they return the fame, together with their objections thereto in writing, to the fenate or houfe of affembly, in which foever the fame fhall have originated, who fhall enter the objections fent down by the council, at large, in their minutes, and proceed to reconfider the faid bill. But if after fuch reconfideration, two thirds of the faid fenate or houfe of affembly, fhall, notwithstanding the faid objections, agree to pass the

1

fame,

fame, it fhall, together with the objections, be sent to the other branch of the legiflature, where it shall also be reconfidered, and if approved by two thirds of the members prefent fhall be a law.

And in order to prevent any unnecessary delays, be it further ordained, that if any bill fhall not be returned by the council within ten days after it fhall have been prefented, the fame fhall be a law, unless the legislature fhall, by their adjournment, render a return of the faid bill within ten days impracticable; in which cafe the bill fhall be returned on the first day of the meeting of the legislature, after the expiration of the faid ten days.

4. That the affembly fhall confift of at leaft feventy members, to be annually chofen in the feveral counties in the proportions following, viz.

For the city and county of New-York, nine.

The city and county of Albany, ten.

The county of Dutchefs, feven.
The county of Weftchefter, fix.
The county of Ulfter, fix.
The county of Suffolk, five.
The county of Queens, four
The county of Orange, four.
The county of Kings, two.
The county of Richmond, two.
The county of Tryon, fix.
The county of Charlotte, four.
The county of Cumberland, three.
The county of Gloucefter, two.

5. That as foon after the expiration of seven years, subsequent to the termination of the prefent war as may be, a cenfus of the electors and inhabitants in this ftate be taken, under the direction of the legislature. And if on fuch cenfus, it fhall appear, that the number of reprefentatives in affembly from the faid counties, is not justly proportioned to the number of electors in the faid counties refpectively, that the legislature do adjuft and apportion the fame by that rule. And further, that once in every feven years, after the taking of the faid first cenfus, a juft account of the electors refident in each county fhall be taken; and if it fhall thereupon appear, that the number of electors in any county, fhall haye encreased or diminished one or more feventieth parts of the whole number of electors, which on the faid firft cenfus fhall be found in this ftate, the number of reprefentatives for fuch county fhall be increafed or diminished accordingly, that is to fay, one reprefentative for every feventieth part as aforefaid.

6. And

« ÀÌÀü°è¼Ó »