and will do equal right and justice to all men, to the best of my judgment and abilities, according to law."

Sect. 41. No public tax, custom or contribution shall be imposed upon or paid by the people of this state, except by a law for that purpose: and before any law be made for raising it, the purpose, for which any tax is to be raised, ought to appear clearly to the legislature to be of more service to the community, than the money would be, if not collected; which being well observed, taxes can never be burthens.

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 28. day of September 1776 and signed by their order. Benj. Franklin, Prest.

3. Articles of Confederation between the United 1776 Oct. 4.

States.

Martens, Recueil des principaux traités T. I (1791), 586-605 [mit französ. Übersetzung]; vgl. B. P. Poore, The Federal and State Constitutions ... of United States I, 7-12

Articles of Confederation and perpetual Union between the States of New-Hampshire, Massachuset's-Bay, Rhode-Island, Connecticut, New-York, Pensylvania, the Counties of Newcastle, Kent and Sussex, on Delaware-River, Maryland, Virginia, North-Carolina, South-Carolina, Georgia.

Art. 1. The Thirteen States above mentioned confederate themselves under the title of The United States of America.

Art. 2. They contract, each in their own name, by the present constitution a reciprocal treaty of alliance and friendship for their common defence, for the maintenance of their liberties and for their general and mutual advantage; obliging themselves to

assist each other, against all violence, that may threaten all or any one of them, and to repel in common all the attacks, that may be levelled against all or any one of them, on account of religion, sovereignty, commerce or under any other pretext whatsoever.

Art. 3. Each State reserves to themselves alone the exclusive right of regulating their internal government and of framing laws in all matters, that are not included in the articles of the present Confederation and which cannot any way prejudice the same. Art. 4. No State in particular shall either send or receive embassies, begin any negociations, contract any engagements, form any alliances, conclude any treaties with any king, prince or power whatsoever without the consent of the United States, assembled in General Congress.

No person, invested with any post whatever under the authority of the United States or of any of them, whether he has appointments belonging to his employment or whether it be a commission purely confidential, shall be allowed to accept any presents, gratuities, emoluments nor any offices or titles of any kind whatever from any kings, princes or foreign powers.

And the General Assembly of the United States nor any State in particular shall not confer any title of nobility.

Art. 5. Two nor several of the said States shall not have power to form alliances or confederations nor conclude any private treaty among themselves without the consent of the United States assembled in General Congress and without the aim and duration of that private convention be exactly specified in the consent.

Art. 6. No State shall lay on any imposts nor establish any duties whatever, the effect of which might alter directly or indirectly the clauses of the treaties to be concluded hereafter by the Assembly of the United States with any kings, princes or power whatsoever.

Art. 7. There shall not be kept by any of the said States in particular any vessels or ships of war above the number judged necessary by the Assembly of the United States for the defence of that State and its commerce; and there shall not be kept on foot in time of peace by any of the said States any troops above the number determined by the Assembly of the United States, to guard the strong places or forts necessary for the defence of that State; but each State shall always keep up a welldisciplined militia, sufficiently armed and equipped and shall be careful to procure and keep in constant readiness in the public magazines a sufficient number of field pieces and tents with a proper quantity of ammunition and implements of war.

Art. 8. When any of the said States shall raise troops for the common defence, all the officers of the rank of colonel and under shall be appointed by the legislative body of the State, that shall have raised the troops or in such manner, as that State shall have judged proper to regulate the nominations; and when any