Founding America: Documents from the Revolution to the Bill of Rights (21 page)

SECT. 42. Every foreigner of good character who comes to settle in this state, having first taken an oath or affirmation of allegiance to the same, may purchase, or by other just means acquire, hold, and transfer land or other real estate; and after one year’s residence, shall be deemed a free denizen thereof, and entitled to all the rights of a natural born subject of this state, except that he shall not be capable of being elected a representative until after two years residence.

SECT. 43. The inhabitants of this state shall have liberty to fowl and hunt in seasonable times on the lands they hold, and on all other lands therein not inclosed; and in like manner to fish in all boatable waters, and others not private property.

SECT. 44. A school or schools shall be established in each county by the legislature, for the convenient instruction of youth, with such salaries to the masters 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 universities.

SECT. 45. Laws for the encouragement of virtue, and prevention of vice and immorality, shall be made and constantly kept in force, and provision shall be made for their due execution: And all religious societies or bodies of men heretofore united or incorporated for the advancement of religion or learning, or for other pious and charitable purposes, shall be encouraged and protected in the enjoyment of the privileges, immunities and estates which they were accustomed to enjoy, or could of right have enjoyed, under the laws and former constitution of this state.

SECT. 46. 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.

SECT. 47. In order that the freedom of the commonwealth may be preserved inviolate forever, there shall be chosen 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 eighty-three, and on the second Tuesday in October, in every seventh year thereafter, two persons in each city and county of this state, to be called the COUNCIL OF CENSORS; who shall meet together on the second Monday of November next ensuing their election; the majority of whom shall be a quorum in every case, except as to calling a convention, in which two-thirds of the whole number elected shall agree: And whose duty it shall be to enquire 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 assumed to themselves, or exercised other or greater powers than they are intitled to by the constitution : They are also to enquire whether the public taxes have been justly laid and collected in all parts of this commonwealth, in what manner the public monies have been disposed of, and whether the laws have been duly executed. For these purposes they shall have power to send for persons, papers, and records; they shall have authority to pass public censures, to order impeachments, and to recommend to the legislature the repealing such laws as appear to them to have been enacted contrary to the principles of the constitution. These powers they shall continue to have, for and during the space of one year from the day of their election and no longer: The said council of censors shall also have power to call a convention, to meet within two years after their sitting, if there appear to them an absolute necessity of amending any article of the constitution which may be defective, explaining such as may be thought not clearly expressed, and of adding such as are necessary for the preservation of the rights and happiness of the people: But the articles to be amended, and the amendments proposed, and such articles as are proposed to be added or abolished, shall be promulgated at least six months before the day appointed for the election of such convention, for the previous consideration of the people, that they may have an opportunity of instructing their delegates on the subject.

Passed in Convention the 28th day of September, 1776, and signed by their order.

BENJ. FRANKLIN, Prest.

AT A MEETING OF the Inhabitents of the Town of Concord being free and twenty one years of age and upward, met by adjournment on the twenty first Day of October 1776 to take into Consideration a Resolve of the Honorable House of Representatives of this State on the 17th of September Last, the Town Resolved as followes__

Resolve 1 st. That this State being at Present destitute of a Properly established form of Goverment, it is absolutly necesary that one should be emmediatly formed and established——

Resolved 2 That the Supreme Legislative, either in their Proper Capacity, or in Joint Committee, are by no means a Body proper to form and Establish a Constitution, or form of Government; for Reasons following.

first Because we Conceive that a Constitution in its Proper Idea intends a System of Principles Established to Secure the Subject in the Possession and enjoyment of their Rights and Priviliges, against any Encroachments of the Governing Part——

2d Because the Same Body that forms a Constitution have of Consequence a power to alter it. 3d—Because a Constitution alterable by the Supreme Legislative is no Security at all to the Subject against any Encroachment of the Governing part on any, or on all of their Rights and priviliges.

Resolve 3d. That it appears to this Town highly necesary and Expedient that a Convention, or Congress be immediately Chosen, to form and establish a Constitution, by the Inhabitents of the Respective Towns in this State, being free and of twenty one years of age, and upwards, in Proportion as the Representatives of this State formerly ware Chosen; the Convention or Congress not to Consist of a greater number then the House of assembly of this State heretofore might Consist of, Except that each Town and District shall have Liberty to Send one Representative or otherwise as Shall appear meet to the Inhabitents of this State in General

Resolve 4th. that when the Convention, or Congress have formed a Constitution they adjourn for a Short time, and Publish their Proposed Constitution for the Inspection and Remarks of the Inhabitents of this State.

Resolved 5ly. That the Honorable House of assembly of this State be Desired to Recommend it to the Inhabitants of the State to Proceed to Chuse a Convention or Congress for the Purpas abovesaid as soon as Possable.

WHEN AMERICANS SPOKE OF independence in 1774 and 1775, they usually meant that the colonies should be legally independent of Parliament, not of the British Empire. In theory, the colonists remained committed to a reconciliation based on preserving the authority of a Crown that would treat the separate American legislatures as virtual equivalents of Parliament. After January 1776, however, the word “independence” took on its broader meaning of a total separation from all imperial authority, royal and parliamentary. The publication on January 10, 1776, of Thomas Paine’s sensational pamphlet Common Sense marked a critical step in this movement. Before Paine wrote, Americans were reluctant to discuss independence. After Common Sense appeared, they debated it everywhere.

Still, well into the spring of 1776 many American moderates continued to hope that the British government would come to its senses and send commissioners empowered to negotiate in good faith. Only in April and May did this hope finally begin to fade. Numerous communities began approving resolutions calling for a declaration of independence, and soon the provincial conventions followed suit. Acting on instructions from the Virginia provincial convention, Richard Henry Lee presented Congress with resolutions calling for the appointment of separate committees to draft a declaration of independence, articles of confederation, and a plan for negotiating treaties with potential foreign allies.

The best summary of these debates within Congress was compiled by Thomas Jefferson, the young Virginian with the quick pen who found himself tasked with being the principal author of the Declaration of Independence. If he’d had his druthers, Jefferson would have been back in Virginia, working on the state constitution. Instead, his fellow committeemen—John Adams, Benjamin Franklin, Robert Livingston, and John Jay—decided he was the best man to draft the Declaration. Like any author, he was disappointed with the changes Congress made in his text. But many commentators believe these changes were for the better.

The critical decision that Congress faced, however, involved the simple fact of independence, not the wording of the Declaration. That was why John Adams, perhaps the leading advocate of independence within Congress, thought July 2 (when Congress approved independence in principle) would be remembered as the great day. Down to the end, a few delegates continued to believe that the formal decision could wait. The leading opponent of independence was John Dickinson. Since 1775, he had been the most important moderate in Congress, and though never wavering in his support of American rights, he remained committed to the idea of reconciliation. Thus even while Dickinson chaired the committee drafting articles of confederation, he hoped to persuade Congress to defer a decision. Failing to do so, he left Congress, sacrificing much of the reputation he had earned as a leading advocate of American rights since the 1760s.

IN CONGRESS. [JUNE 7-28, 1776]

 

FRIDAY JUNE 7. 1776. The Delegates from Virginia moved in obedience to instructions from their constituents that the Congress should declare that these United colonies are & of right ought to be free & independant states, that they are absolved from all allegiance to the British crown, and that all political connection between them and the state of Great Britain is & ought to be totally dissolved; that measures should be immediately taken for procuring the assistance of foreign powers, and a Confederation be formed to bind the colonies more closely together.

The house being obliged to attend at that time to some other business, the proposition was referred to the next day when the members were ordered to attend punctually at ten o’clock.

Saturday June 8. They proceeded to take it into consideration and referred it to a committee of the whole, into which they immediately resolved themselves, and passed that day & Monday the 10th in debating on the subject.

It was argued by Wilson, Robert R. Livingston, E. Rutlege, Dickinson and others

That tho’ they were friends to the measures themselves, and saw the impossibility that we should ever again be united with Gr. Britain, yet they were against adopting them at this time:

That the conduct we had formerly observed was wise & proper now, of deferring to take any capital step till the voice of the people drove us into it:

That they were our power, & without them our declarations could not be carried into effect:

That the people of the middle colonies (Maryland, Delaware, Pennsylva., the Jersies & N. York) were not yet ripe for bidding adieu to British connection but that they were fast ripening & in a short time would join in the general voice of America:

That the resolution entered into by this house on the 15th of May for suppressing the exercise of all powers derived from the crown, had shewn, by the ferment into which it had thrown these middle colonies, that they had not yet accomodated their minds to a separation from the mother country:

That some of them had expressly forbidden their delegates to consent to such a declaration, and others had given no instructions, & consequently no powers to give such consent:

That if the delegates of any particular colony had no power to declare such colony independant, certain they were the others could not declare it for them; the colonies being as yet perfectly independant of each other:

That the assembly of Pennsylvania was now sitting above stairs, their convention would sit within a few days, the convention of New York was now sitting, & those of the Jersies & Delaware counties would meet on the Monday following & it was probable these bodies would take up the question of Independance & would declare to their delegates the voice of their state:

That if such a declaration should now be agreed to, these delegates must
retire & possibly their colonies might secede from the Union: