Imágenes de página

in the commissions for the several courts, and be sealed with the pub. lic seals of such courts. Indictments Mail conclude, Against the peace and dignity of the State.

XXI. in case of vacancy of the offices above directed to be filled by the president and General Assembly, the president and Privy Council may appoint others in their stead, until there Mhall be a new election.

XXII. Every perfon who shall be chosen a member of either House, or appointed to any office or place of trust, before taking his feat, or entering upon the execution of his office, fhall take the following oath, or affirmation, if conscientiously scrupulous of taking an oath, to wit,

I A. B. will bear true allegiance to the Delaware State, submit to its constitution and laws, and do no act wittingly whereby the freedom thereof may be prejudiced."

And also make and subscribe the following declaration, to wit,

“ I A. B. do profess faith in God the Father, and in Jesus Christ his only Son, and the Holy Ghost, one God, blessed for evermore ; and I do acknowledge the Holy Scriptures of the Old and New Tefment to be given by divine inspiration."

And all officers shall also take an oath of office.

XXIII. The president when he is out of office, and within cighteen months after, and all others, offending against the State, either by mal-adımini stration, corruption, or other means, by which the safety of the Commonwealth may be endangered, within eighteen months after the offence committed, fhall be impeachable by the House of Affembly before the Legiflative Council; such impeachment to be prosecuted by the attorney-general, or such other person or persons as the House of Assembly may appoint, according to the 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 subjected to such pains and penalties as the laws Mall direct. And all officers shall be removed on conviction of misbehaviour at common law, or on impeachment, or upon the address of the General Affembly.

XXIV. All acts of Afremhly in force in this State on the 15th 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to the resolutions of Congress, or of the late House of Assembly of this State, fall fo continue until altered or repealed by the legillature of this state, unless where they are ternporary, in which case they fhall expire at the times respectively limited for their duration,

XXV. The

XXV. The common law of England, as well as fo much of the Itatute law as have been heretofore adopted in practice in this State, shall remain in force, unless they thall 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 Declaration of Rights, &c, agreed to by this Convention.

XXVI. No person hereafter imported into this State from Africa ought to be held in flavery under any pretence whatever; and no negro, Indian or mulatto llave, ought to be brought into this State for sale from any part of the world.

XXVII. The first election for the General Assembly of this State shall be held on the 21st day of Oétober next, at the court houses in the feveral counties, in the manner heretofore used in the election of the Affemby, except as to choice of inspectors and assessors, where affeffors have not been chofen on the 16th of September inst, which fall be made on the morning of the day of election, by the electors, inhabitants of the respective hundreds in each county; at whicla time the sheriffs and coroners for the faid counties respectively are to be elected ; and the present sheriffs of the counties of Newcastle and Kent may be re-chosen to that office until the 1st of October, in the of our Lord one thousand seven hundred and seventy-nine, and the present fueriff for the county of Suffex may be re-chosen to that office until the first day of O&tober, in the year of our Lord one thousand seven hundred and seventy-eight, provided the freemen think proper to re-elect them at every general election ; and the present theriffs and coroners respectively shall continue to exercise their offices as heretofore, until the sheriffs and coroners to be elected on the said twenty-first day of O&ober shall be commissioned and sworn into office. The members of the Legislative Council and Afsembly Hall meet for transacting the business of the State on the twenty-eighth day of O&tober next, and continue in office until the first day of October which will be in the year one thousand seven hundred and seventy-seven; on which day, and on the first day of October in each year for ever after, the Legislative Council, Aslembly, sheriffs and coroners, shall be chosen by ballot in manner directed by the several laws of this state for regulating elections of members of Asembly, and theriffs and coroners; and the General Assembly Thall meet on the twentieth day of the same month, for transacting the business of the State; and if any of the said first and twentieth days of October thould be Sunday, then, and in such case, the



[ocr errors]

elections thall be held and the General Asembly nieet the next day following:

XXVIII. To prevent any violence or force being used at the faid ele&tions, no persons shall come armed to any of them; and no mufter of the militia shall be made on that day, nor shall any battalion or company give in their votes inmediately succeeding each other, 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 any Other State, be suffered to remain at the time and place of holding the said elections, nor within one mile of the said places respectively, for twenty-four hours before the opening the said elections, nor within twenty-four hours after the same are closed, so as in any manner to impede the freely and conveniently carrying on the said elcction : provided always, that every elector may in a peaceable and orderly manner give in his vote on the said day of election.

XX. There shall be no establishment of any one religious sect in this State in preference to another ; and no clergyman or preacher of the gospel, of any denomination, shall be capable of holding any civil office in this State, or of being a member of either of the branches of the legislature, while they continue in the exercise of the pastoral function.

XXX. No article of the Declaration of Rights and Fundamental Rules of this state, agreed to by this Convention, nor the first, fecond, fifth, (except that part thereof that relates to the right of suffrage) twenty-sixth and twenty-ninth articles of this Constitution, ought ever to be violated on any pretence whatever. No other part of this Constitution fhall be altered, changed or diminished, without the consent of five parts in feren of the Allembly, and feven members of the Legiflative Council.





HIS territory, N. W. of the Ohio, is situated between 37o and 50° north latitude, and 60° and 23° west longitude,

This extensive tract of country is bounded north, by part of the northern boundary line of the United States ; east, by the lakes and Pennsylvania ; fouth, by the Ohio river; west, by the Miffilippi, Mr. Hutchins, the late geographer of the United States, estimates, that this tract contains two hundred and fixty-three millions forty thousand acres, of which forty-three millions forty thousand are water; this deducted, there will remain two hundred and twenty millions of acres, belonging to the federal government, to be sold for the discharge of the national debt; except a narrow strip of land bordering on the south of lake Erie, and stretching an hundred and twenty miles west of the western limit of Pennsylvania, which be. longs to Connecticut.

But a small proportion of these lands is yet purchased of the natives, and to be disposed of by Congress. Beginning on the meridian line, which forms the western boundary of Pennsylvania, seven ranges of townships have been surveyed and laid off by order of Congress. As a north and south line strikes the Ohio in an oblique direction, the termination of the seventh range falls upon that river, nine miles above the Muskingum, which is the first large river that falls into the Ohio. It forms the junction an hundred and seventytwo miles below Fort Pitt, including the windings of the Ohio, though in a direct line is but ninety miles.

The lands in which the Indian title is extinguished, and which are now purchasing under the United States, are defined within the limits already mentioned. *

On these lands several settlements are commencing, one at Marietta, at the mouth of Mulkingum, under the direction of the Ohio coma pany : another between the Miami river , under the direction of Colonel Symmes; and a French settlement at Galliopolis. There


* Page 1777, Vol. I.

are several other traets delineated on the map, which have been granted by Congress to particular companies, and other tracts for particular uses, which remain without any English settlements.


Our remarks on these heads, besides what the reader will find interspersed in the description of the rivers, we add from an anonymous pamphiet published not long since, which we presume is the most authentic, respecting the part of that country which has been purchased of the Indians, of any that has been laid before the public,

" The undist nguished terms of admiration that are commonly used in speaking of the natural fertility of the country on the western waters of ihe United States, would render it difficult, without accurate attention in the furveys, to ascribe a preference to any particular part; or to give a just description of the territory under con. fideration, without the hazard of being suspected of exaggeration : but in this we have the united opinion of the geographer, the sure, veyors, and every traveller that has been intimately acquainted with the country, and marked every natural object with the most scru. pulous exactncis--that no part of the federal territory unites so many advantages, in point of health, fertility, variety of productions, and foreign intercourse, as that which stretches from the Mulkingum to the Scioto and the great Miami rivers, *

“ Colonel Gordon, in his Journal, speaking of a much larger range of country, in which this is included, and makes unquestion. ably the finest part, has the following observation : “ The country on the Ohio is every where pleasant, with large level spots of rich kind, and remarkably healthy. One general remark of this nature will serve for the whole tract of the globe comprehended between the western skirts of the Allegany mountains; thence running southwettwardly to the distance of five hundred miles to the Ohio falls; then crossing them northerly to the heads of the rivers that empty themselves into the Ohio; thence cast along the ridge that separates the lakes and Ohio streams to French creek : this country may, from a proper knowledge, be affirmed to be the most healthy, the

A gentleman who has visited this country, supposes this account is a little too highly embellithed; he acknowledges that it is a very fine country, but thinks that ehere are other parts of the western unsettled country, which unite ar katt as many, if not more advantages, than the tract above ricntionecon


« AnteriorContinuar »