A NATIONAL PAPER, PUBLISHED WED VESDAYS AND SATURDAYS BY JOHN FENNO, No. 69, HIGH-STREET, PHILADELPHIA [No. 8 1, of Vol. lII.] FROM THE DELAWARE GAZETTE. CONSTITUTION OF GOVERNMENT PUBLISHED FOR THE CONSIDERATION OF THE CITIZENS OF THE DELAWARE STATE ; Pursuant to an Order of the Convention ot the 31 ft Dec. 1791 (continued :ao THE GAZET ARTICLE 111 ne Ex Sect.SS t . 2. T ber, by th< oe Swiif* fentatives the counties wbere places where they vre far >c >■ 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. 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. 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, 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. 5. No member of Congress or person holding any office under the United Statet, or this ilate, shall extrcife the office of Gover nor. 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. 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. 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. 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 SATURDAY LAST.) turner of " - Jtaie (hall be fday in O&o- for Reprc refide, ai the Saturday, February 4, 1792. 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. 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 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. 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. ARTICLE VI 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. 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. 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. « 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. 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. 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. 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. 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. (to be continued.) I"REDERICK-TO WN, January 21. 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. 321 wfi^Po [Whole No. 289.] FROM THE QJ'EiiEC HERALD. 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. 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." Given under our hands, London, 2d Aug. 1791 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. 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. 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.
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