USA > New York > A history of the state of New York, from the first discovery of the country to the present time: with a geographical account of the country, and a view of its original inhabitants > Part 34
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He has refused his assent to laws the most wholesome and ne- cessary for the public good.
He has forbidden his governors to pass laws of immediate and pressing importance, unless suspended in their operation till his assent should be obtained ; and, when so suspended, he has utterly neglected to attend to them. He has refused to pass other laws for the accommodation of large districts of people, unless those people would relinquish the right of representation in the legisla- ture-a right inestimable to them, and formidable to tyrants only.
He has called together legislative bodies at places unusual, un- comfortable, and distant from the repository of their public records, for the sole purpose of fatiguing them into compliance with his measures.
He has dissolved representative houses repeatedly, for opposing. with manly firmness, his invasions on the rights of the people.
He has refused, for a long time after such dissolutions, to cause others to be elected; whereby the legislative powers, incapable of annihilation, have returned to the people at large for their exercise, the state remaining, in the mean time, exposed to all the dangers of invasion from without, and convulsions within.
He has endeavored to prevent the population of these states, for that purpose obstructing the laws for naturalization of foreigners; refusing to pass others to encourage their migration hither, and raising the conditions of new appropriations of lands.
He has obstructed the administration of justice, by refusing his assent to laws for establishing judiciary powers.
He has made judges dependent on his will alone for the tenure of their offices, and the amount and payment of their salaries.
He has erected a multitude of new offices, and sent hither swarms of officers, to harass our people, and eat out their substance.
He has kept among us, in times of peace, standing arinies, with- out the consent of our legislatures.
He has affected to render the military independent of, and supe- rior to, the civil power.
He has combined with others to subject us to a jurisdiction for eign to our constitution, and unacknowledged by our laws; giving his assent to their acts of pretended legislation :
For quartering large bodies of armned troops among us:
For protecting them, by a mock trial, from punishment for any murders which they should commit on the inhabitants of these states :
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For cutting off our trade with all parts of the world:
For imposing taxes on us without our consent :
For depriving us, in many cases, of the benefits of trial by jury :
For transporting us beyond seas to be tried for pretended of- Fences :
For abolishing the free system of English laws in a neighboring province, establishing therein an arbitrary government, and enlarg- ing its boundaries, so as to render it at once an example and fit instrument for introducing the same absolute rule into these col onies :
For taking away our charters, abolishing our most valuable laws, and altering, fundamentally, the forms of our governments :
For suspending our own legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.
He has abdicated government here, by declaring us out of his protection, and waging war against us.
He has plundered our seas, ravaged our coasts, burnt our towns, and destroyed the lives of our people.
He is, at this time, transporting large armies of foreign mercena- ries to complete the works of death, desolation and tyranny, already begun, with circumstances of cruelty and perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the head of a civilized nation.
He has constrained our fellow-citizens, taken captive on the high seas, to bear arms against their country, to become the exe- cutioners of their friends and brethren, or to fall themselves by their hands. 1
He has excited domestic insurrections amongst us, and has en- deavored to bring on the inhabitants of our frontiers the merciless Indian savages, whose known rule of warfare is an undistinguished destruction of all ages, sexes and conditions.
In every stage of these oppressions, we have petitioned for redress in the most humble terms : our repeated petitions have been an- swered only by repeated injury. A prince, whose character is thus marked by every act which may define a tyrant, is unfit to be the ruler of a free people.
Nor have we been wanting in attentions to our British brethren. We have warned them, from time to time, of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and
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· magnanimity, and we have conjured them, by the ties of our com- mon kindred, to disavow these usurpations, which would inevitably interrupt our connexions and correspondence. They, too, have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity which denounces our separa- tion, and hold them, as we hold the rest of mankind-enemies in war, in peace, friends.
We, therefore, the representatives of the United States of Amer- ica, in general congress assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the name and by the authority of the good people of these colonies, solemnly publish and declare, that these united colonies are, and of right ought to be, free and independent states; that they are ab- solved from all allegiance to the British crown, and that all politica) connexion between them and the state of Great Britain is, and ought to be, totally dissolved ; and that, as free and independent states, they have full power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things, which independent states may of right do. And for the support of this declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our lives, our fortunes, and our sacred honor.
No. II.
The prisoners captured by sir William Howe, in 1776, amounted to many hundreds. The officers were admitted to parole, and kad some waste houses assigned to them as quarters; but the privates were shut up, in the coldest season of the year, in churches, sugar- houses, and other large open buildings. The severity of the weather, and the rigor of their treatment, occasioned the death of many hundreds of these unfortunate men. The filth of the places of their confinement, in consequence of fluxes which prevailed among them, was both offensive and dangerous. Seven dead bodies have been seen in one building, at one time, and all lying in a srtu- ation shocking to humanity. The provisions served out to them were deficient in quantity, and of an unwholesome quality. These suffering prisoners were generally pressed to enter into the British service ; but hundreds submitted to death, rather than procure a melioration of their circumstances by enlisting with the enemies of their country. After general Washington's successes at Trenton and Princeton, the American prisoners fared somewhat better. Those
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who survived were ordered to be sent out for exchange ; but some of them fell down dead in the streets, while attempting to walk to the vessels. Others were so emaciated that their appearance was horrible. A speedy death closed the scene with many.
The American board of war, after conferring with Mr. Boudinot, the commissary-general of prisoners, and examining evidences produced by him, reported, among other things, "That there were 900 privates and 300 officers of the American army prisoners in the city of New York, and about 500 privates and 50 officers prisoners in Philadelphia ; that since the beginning of October all these prisoners, both officers and privates, had been confined in prison- ships, or the provost; that, from the best evidence the subject could admit of, the general allowance of prisoners, at most, did not exceed four ounces of meat per day, and often so damaged as not to be eatable ; that it had been a common practice with the Brit- ish, on a prisoner's being first captured, to keep him three, four or five days without a morsel of meat, and then to tempt him to enlist to save his life ; that there were numerous instances of prisoners of war perishing in all the agonies of hunger."
About this time, there was a meeting of merchants and others in London, for the purpose of raising a sum of money to relieve the distresses of the American prisoners then in England. The sum subscribed for that purpose amounted in two months to £4647 15s. Thus, while human nature was dishonored by the cruelties of some of the British in America, there was a laudable display of the be- nevolence of others of the same nation in Europe. The American sailors, when captured by the British, suffered more than even the soldiers which fell into their hands. The former were confined on board prison-ships. They were there crowded together in such numbers, and their accommodations were so wretched, that diseases broke out and swept them off in a manner that was sufficient to excite compassion in breasts of the least sensibility. It has been asserted, on as good evidence as the case will admit, that, in the last six years of the war, upwards of 11,000 persons died on board the Jersey, one of these prison-ships, which was stationed in East river, near New York. On many of these, the rites of sepulture were never, or but very imperfectly, conferred. For some time after the war was ended, their bones lay whitening in the sun on the shores of Long Island .*
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No. III.
CONSTITUTION OF THE UNITED STATES.
We, the people of the United States, in order to form a more perfect union, establish justice, ensure domestic tranquillity, provide for the common defence, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States of America.
ARTICLE 1. SECTION . I.
All legislative powers herein granted shall be vested in a con- gress of the United States, which shall consist of a senate and house of representatives.
SECTION II.
I. The house of representatives shall be composed of members chosen every second year by the people of the several states, and the electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislature.
II. No person shall be a representative who shall not have at- tained the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhab- itant of that state in which he shall be chosen.
III. Representatives and direct taxes shall be apportioned among the several states, which may be included within this union, accord- ing to their respective numbers, which shall be determined by add- ing to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three fifths of all other persons. The actual enumeration shall be. made within three years after the first meeting of the congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of repre- sentatives shall not exceed one for every thirty thousand, but each state shall have at least one representative; and, until such enu- meration shall be made, the state of New Hampshire shall be entitled to choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Vir- ginia ten, North Carolina five, South Carolina five, and Georgia three.
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IV. When vacancies happen in the representation from any state the executive authority thereof shall issue writs of election to fill such vacancies.
V. The house of representatives shall choose their speaker, and other officers ; and shall have the sole power of impeachment
SECTION III.
I. The senate of the United States shall be composed of two senators from each state, chosen by the legislature thereof, for six years; and each senator shall have one vote.
II. Immediately after they shall be assembled, in consequence of the first election, they shall be divided, as equally as may be, into three classes. The seats of the senators of the first class shall be vacated at the expiration of the second year, of the second class at the expiration of the fourth year, and of the third class at the expi- ration of the sixth year, so that one third may be chosen every second year ; and if vacancies happen by resignation, or otherwise, during the recess of the legislature of any state, the executive thereof may make temporary appointments until the next meeting of the legislature, which shall then fill such vacancies.
III. No person shall be a senator who shall not have attained the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that state for which he shall be chosen.
IV. The vice-president of the United States shall be president of the senate, but shall have no vote unless they be equally divided.
V. The senate shall choose their other officers, and also a presi- dent pro tempore in the absence of the vice-president, or when he shall exercise the office of president of the United States.
VI. The senate shall have the sole power to try all impeachments. When sitting for that purpose, they shall be on oath or affirmation. When the president of the United States is tried, the chief justice shall preside ; and no person shall be convicted without the concur- rence of two thirds of the members present.
VII. Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust or profit under the United States ; but the party convicted shall, nevertheless, be liable and subject to indict- ment, trial, judgment and punishment, according to law.
SECTION IV.
I. The times, places and manner of holding elections for senators and representatives, shall be prescribed in each state by the legisla-
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ture thereof; but the congress may at any time by law make or alter such regulations, except as to the places of choosing senators.
II. The congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall by law appoint a different day.
SECTION V.
I. Each house shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall con- stitute a quorum to do business ; but a smaller number may adjourn from day to day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties, as each house may provide.
II. Each house may determine the rules of its proceedings, pun- ish its members for disorderly behavior, and, with the concurrence of two thirds, expel a member.
III. Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may in their judgment require secrecy ; and the yeas and nays of the members of either house on any question shall, at the desire of one fifth of those present, be entered on the journal.
IV. Neither house, during the session of congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting.
SECTION VI.
I. The senators and representatives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall, in all cases except trea- son, felony, and breach of the peace, be privileged from arrest during their attendance at the session of their respective houses, and in going to and returning from the same ; and for any speech er debate in either house, they shall not be questioned in any other place.
II. No senator or representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United States, which shall have been created, or the emoluments whereof shall have been increased during such time ; and no person holding any office under the United States shall be a member of either house during his continuance in office.
SECTION VII.
I. All bills for raising revenue shall originate in the house of
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representatives ; but the senate may propose or concur with amend ments as on other bills.
II. Every bill which shall have passed the house of representa- tives and the senate shall, before it becomes a law, be presented to the president of the United States: if he approve, he shall sign it ; but if not, he shall return it, with his objections, to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to reconsider it. If, after such reconsideration, two thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and if approved by two thirds of that house, it shall become a law. But in all such cases, the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the president within ten days (Sundays except- ed) after it shall have been presented to him, the same shall be a 'law, in like manner as if he had signed it, unless the congress, by their adjournment, prevent its return; in which case it shall not be a law.
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III. Every order, resolution or vote, to which the concurrence of the senate and house of representatives may be necessary, (except on a question of adjournment,) shall be presented to the president of the United States ; and, before the same shall take effect, shall be approved by him, or, being disapproved by him, shall be repassed by two thirds of the senate and house of representatives, according to the rules and limitations prescribed in the case of a bill.
SECTION VIII.
The congress shall have power
I. To lay and collect taxes, duties, imposts and excises ; to pay the debts and provide for the common defence and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States :
II. To borrow money on the credit of the United States:
III. To regulate commerce with foreign nations, and among the several states, and with the Indian tribes :
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IV. To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States :
V. To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures :
VI. To provide for the punishment of counterfeiting the securi- ties and current coin of the United States :
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VII. To establish post offices and post roads :
VIII. To promote the progress of science and useful arts, by se- curing for limited times, to authors and inventors, the exclusive right to their respective writings and discoveries :
IX. To constitute tribunals inferior to the supreme court :
X. To define and punish piracies and felonies committed on the high seas, and offences against the law of nations :
XI. To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water :
XII. To raise and support armies ; but no appropriation of money to that use shall be for a longer term than two years :
XIII. To provide and maintain a navy :
XIV. To make rules for the government and regulation of the land and naval forces:
XV. To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions :
XVI. To provide for organizing, arming and disciplining the mili- tia, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively the appointment of the officers, and the authority of training the militia, according to the discipline prescribed by congress :
XVII. To exercise exclusive legislation in all cases whatsoever over such district (not exceeding ten miles square) as may by ces- sion of particular states, and the acceptance of congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by the consent of the legis- lature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings : -and,
XVIII. To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, or in any department or officer thereof.
SECTION IX.
I. The migration or importation of such persons as any of the states now existing shall think proper to admit, shall not be prohib- ited by the congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person.
II. The privilege of the writ of habeas corpus shall not be sus.
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pended, unless when, in cases of rebellion or invasion, the public safety may require it.
III. No bill of attainder or ex post facto law shall be passed.
IV. No capitation, or other direct tax, shall be laid, unless in pro- portion to the census or enumeration herein before directed to be taken.
V. No tax or duty shall be laid on articles exported from any state. No preference shall be given by any regulation of commerce or revenue to the ports of one state over those of another ; nor shall vessels bound to or from one state be obliged to enter, clear or pay duties in another.
VI. No money shall be drawn from the treasury, but in conse- quence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time.
VII. No title of nobility shall be granted in the United States ; and no person, holding any office of profit or trust under them, shall, without the consent of congress, accept of any present, emolument, office, or title of any kind whatever, from any king, prince or for- cign state.
SECTION . X.
I. No state shall enter into any treaty, alliance or confederation ; grant letters of marque and reprisal; coin money ; emit bills of credit ; make any thing but gold and silver coin a tender in pay- ment of debts ; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, or grant any title of nobility.
II. No state shall, without the consent of congress, lay any im- posts or duties on imports or exports, except what may be absolute- ly necessary for executing its inspection laws ; and the net produce of all duties and imposts laid by any state on imports or exports shall be for the use of the treasury of the United States, and all such laws shall be subject to the reversion and control of congress. No state shall, without the consent of congress, lay any duty on tonnage, keep troops, or ships of war, in time of peace, enter into any agreement or compact with another state, or with a foreign power, or engage in war, unless actually invaded, or in such inmi - nent danger as will not admit of delay.
ARTICLE II. SECTION I.
I. The executive power shall be vested in a president of the United States of America. He shall hold his office during the term
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of four years, and, together with the vice-president, chosen for the same term, be elected as follows:
II. Each state shall appoint, in such manner as the legislature thereof may direct, a number of electors, equal to the whole number of senators and representatives to which the state may be entitled in the congress ; but no senator or representative, or person holding an office of trust or profit under the United States, shall be appoint- ed an elector.
III. The electors shall meet in their respective states, and vote by ballot for two persons, of whom one, at least, shall not be an in- habitant of the same state with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each ; which list they shall sign and certify, and transmit, sealed, to the seat of government of the United States, directed to the presi- dent of the senate. The president of the senate shall, in the presence of the senate and house of representatives, open all the certificates, and the votes shall then be counted. The person har- ing the greatest number of votes shall be the president, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such majority, and have an equal number of votes, then the house of representatives shall immediately choose by ballot one of them for president; and if no person have a majority, then from the five highest on the list, the said house shall in like manner choose the president. But, in choos- ing the president, the votes shall be taken by states, the representa- tion from each state having one vote. A quorum for this purpose shall consist of a member or members from two thirds of the states, and a majority of all the states shall be necessary to a choice. In every case, after the choice of the president, the person having the greatest number of votes of the electors shall be the vice-president. But if there should remain two or more who have equal votes, the senate shall choose from them by ballot the vice-president.
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