Extract of a letter from an American gentleman at
Port Rico, dated 21st, Sept. 1812, just from St.
Thomas.

About 3 o'clock in the afternoon of the same day the British boarded the Detroit a second time, and were again dislodged. In this second attempt, three Capt. Hoskins, of the three masted lugger Orono- of the British were taken prisoners and a considerako, of 14 guns and 80 men, publicly declared, if he ble number of them wounded. During the principal should fall in with any Yankee privateer, he would part of the day the British kept up a heavy fire from show no quarters. Information of this was sent to their batteries upon the vessels, for the purpose of capt. Stafford, of the Baltimore privateer Dolphin; destroying them, and to prevent them from falling rapt. Stafford sent him a challenge, and Hoskins dar-into our hands. ed not to meet him.

The Caledonia, however, with her cargo of fur, esBOSTON, Oct. 13.-Privateer schr. Fame, Green, timated at $150,000, has been secured by our people, from a cruise of 15 days, returned on Saturday even-who after removing the principal part of the militaing last, has taken two schrs. one loaded with salmon, ry stores from the Detroit, set her on fire and abanoil, and beaver, (considered valuable); the other aldoned her.

new vessel, ballasted with sugars-parted with them In this gallant enterprize, about 50 of the British to the westward of Halifax. It is worthy of re-were taken prisoners, and 28 prisoners of the 4th reretaken. On our part, our mark, that the above mentioned privateer, was a pri-giment of Hull's army, vateering the last (revolutionary) war. informant states, 4 killed and 7 wounded. One kilBALLSTON-SPA, Oct. 14. led in boarding, and the others from the batteries on Dominion of the Lakes.-Government, it seems, are the British shore Among the killed we have to laat length wide awake on this subject. Capt.Chauncey ment the loss of the brave major Cuyler, aid to gen. and about 700 brave tars, and about 150 marines Hall, who fell on the first fire from the British battehave within a few weeks past proceeded through ries, and on Saturday last he was buried with the Schenectady on their way to the lakes Erie and On-honors of war.

American Prizes.

(WEEKLY LIST-CONTINUED FROM PAGE 110.) 220. Schooner Jenny, laden with rum, sugar, &c,

tario. They were in high spirits and will no doubt shortly wrest the trident from the mistress of the ocean, as far as it respects the dominion of the great lakes. About 100 ship builders and carpenters have also gone on, and a gentleman from the westward informs that war vessel, pierced for 18 guns, was actually built from the keel in 15 days. Adam and No-sent into Portland by the Teazer privateer. 221. Schooner Adela, from Martinique, urder Spaah Brown were the builders. This looks like energy. nish colors, laden with sugars-sent into New-York I am informed (but the information may be like a thousand other rumors afloat) that the American na-by the Rosamond of that port. val force on lake Ontario, has been considerably aug222. Brig Point-Shares, from St. Johns, N. B. for mentel, and the commander has determined to go Barbadoes, captured by the letter of marque schoonout this week, for the purpose of attacking the royer Baltimore, of Baltimore, on her voyage to France, and sent into Baltimore.The brig is laden with a family on that lake.

BATAVIA, N. Y. Oct. 10-On the 8th inst. in the fish.

afternoon, two British armed vessels the Caledonia 223. Brig San Antonio (under Spanish colors) from and Detroit (formerly the American brig Adams) Guernsey for Jacquemel, captured on the coast of arrived at Fort Erie from Malden, and anchored un-Africa, by the Marengo, of New-York. This vessel der the guns of the fort. Capt. ELLIOTT, the naval is richly laden, and supposed to be British property. commander on lake Erie, immediately conceived the She has arrived at Philadelphia. project of cutting these vessels out of the harbor

224. Brig Detroit, (formerly the Adams, surTenin the course of the succeeding night. Accordingly, dered by general Hull,) 18 guns-captured by seve the necessary arrangements having been made, about ral boats from Buffaloe. See preceding column for an one hundred volunteers, consisting principally of account of this brilliant affair. sailors, under the command of capt. Elliot, armed 225. Schooner Caledonia, richly laden with furs, with sabres and pistols, embarked in two boats about worth 150,000 dollars, captured as above. 226. Schooner Single-Cap, sent into the Mississipmidnight, and rowing into the lake above the vessels, drifted down with the current till they were pi, by the Matilda, of Philadelphia.

hailed by a centinel from one of the vessels, when

227. Schooner Fame, from Trinidad for Cayenne, they sprang to their oars and closing in upon the ves-laden with dry-goods, oil, &c. sent into Savannah by sels, they boarded them, drove the British below the Nonsuch, of Baltimore. the decks, cut the cables and towed them down the lake.

228. Ship Phoenix, 12 guns, 17 men, from Bermuda for Jamaica, cargo, 100 pipes Fayal wine-sent into Charleston by the Mary-Ann, of that port.

No 218-fill the blank, and read brig "Concord.”

The Chronicle.

The night being dark and cloudy, the vessels ran aground, the Caledonia ran close into the ferry at Black Rock, and the Detroit on the upper end of Squaw-Island near the middle of Niagara river. their passage down and while they were aground, the London dates of the 31st of August, and Paris paBritish opened their batteries upon them, and the Americans returned the fire from the Detroit; but pers of the 8th of Sept. have been received at Newfuding they could not bring the guns to bear upon York. One of the former says that the Americans, in three weeks after the war, had 100 privateers the enemy to advantage, they left her. About 10 o'clock next morning, a company ofjout, which, they say, sail like the Devil," and have British regulars from Fort Erie, boarded the Detroit done much damage."

with an intention to destroy the military stores with The general calculation in England was, that rewhich she was prmcipally faden; but they were dis-scinding the orders in council, would produce, on lodged by a detachment of volunteers under the our part, a cessation of hostilities.

command of capt. Cyrenus Chapin, who crossed over to Squaw-Island for that purpose.

Price of Stocks-Reducod, 58 1-8; Consols, 58 5-8; Omnium, 5 3-8 prem. Aug. 31. Despatches of great importance were this day sent *The British vessels-so called from their names. off from lord Castlereagh's office for America. They

will be conveyed from Falmouth in the Swiftsure despatches, said to be very important. They were packet, which is fitted up as a flag of truce, her delivered to general Armstrong, and by him forwardguns and ammunition having been landed. These ed to Washington, where they have arrived. despatches are said, in the same paper, to contain Another arrival at New-York gives us London "a calm, dispassionate, yet dignified remonstrance dates of the 6th of September-but they furnish no to the American government on the subject of the important articles.

line of conduct which has guided their councils for Gen. Barker, republican, has been elected mayor years," &c. We shall probably see it when con- of the city of Philadelphia. gress sits.

Flour at St. Bartholomews $32 per barrel-at St. Great quantities of arms are exporting from Eng-Thomas' 30 to 32-at Tortola 35-it Barbadoes 40and to Spain and the Baltic.-50,000 stand have at Guadaloupe 40. been sent to the north.

The federalists have succeeded in New JerseyA series of French bulletins of the grand army, to and have a majority in the legislature. The particuthe 14th, dated at Vilepsk, in Russia, is received.-lars have not reached us.

By them it appears that the French had been uni- A vessel has arrived in England having on board formly successful; the Russians retiring and the a minister to the United States from Sweden. French advancing, within 18 leagues of Moscow- Massachusetts legislature.-The two branches of The latter had burnt the city of Smolenski, which the legislature of Massachusetts are endeavoring te contained 12,000 inhabitants. Riga was besieged by pass a law for the choice of electors of Presidentmarshal Davoust. Several severe skirmishes had ta- They are situated, in fact and effect, precisely as ken place, in one of which the French took 100 pic- Pennsylvania was 12 years ago. The senate of that ces of cannon, 1500 prisoners, and killed and wound-state had a federal majority of one [or two] votesed 6,000 Russians. The effectual force of France the house of representatives was democratic. In employed against Russia is reported to be 687,000 Massachusetts the character of the two houses is reversed. The house of representatives has proposed Massena passed through Bordeaux on the 1st of a general ticket, and the senate have refused to pass Sept. for Spain, and large bodies of troops are push-the law, wishing the state districted as for members ing into the peninsula. A new conscription of of congress, and the two additional electors to be 150,000 men had been made. The French force in chosen by a general vote. Their is no probability of Spain, after their defeat at Salamanca, has been esti- their agreeing except by a compromise, as they did in Pennsylvania; which neutralized that state, exFrancis Xavier Muller, of Baltimore, whilst at-cept in a single vote. These two wrongs may protempting to swim to the shore from the privateer duce one right. It may influence the states so to Paul Jones, was taken down by an Alligator, in the alter the constitution, that all the electors of presiSavannah river. dent shall be chosen in one way-which is the only

men.

mated at more than that number.

On counting the votes, it appeared that JONAS fair method of obtaining the will of the majority. GALUSHA, E. [republican] was elected governor of Dispatches (says the National Intelligencer) from Vermont, by a majority of 3208 votes. Every de-admiral sir J. B. Warren to the secretary of state and partment of the government of this state is repub- to Mr. Baker, the late British secretary of legation, lican. arrived in New-York a few days ago, in the frigate The New-York Gazette of the second inst. says, Junon. Agreeably to the arrangement respecting that "Yesterday afternoon the streets of this city cartels and flags of truce, they were handed to briwere crowded with people gazing at the SUN, MOON, gadier-general Armstrong, commanding at N. York, aud a STAR. The latter was visible to the naked eye, who forwarded them to this city, by captain Jacob apparently but a few feet below the moon, and ra- Lewis, who arrived here on Monday. The contents ther to the northward and westward of it. of the dispatches have not transpired.

A TIMELY CAUTION.

NEW-YORK, Oct. 17.-The British frigate Junon, capt. Saunders, two weeks from Halifax, arrived within our Hook, as a flag of truce, having despatches from admiral Warren, addressed to Mr. Monroe, The editor of the Weekly Register will constantly endeavor to our secretary of state. An officer with despatches give his numerous readers a true statement of things as they are. came up this morning in Gun-boat 107, Costigan, who Party feelings shall not induce him to violate truth. He wishes his went with the messenger to the agent's office. The tain them, so it shall be; let them operate to the praise or dispaper to be a record of facts; and, so far as it is possible to asentdespatches go to-day for Washington. The fri-praise of whom they may. Many horrible falsehoods are circugate, it is said, will remain at anchor in the bay, forlated to weaken the government, dispirit the people, and give aid any reply which may be made by our government.

to the enemy. It is not possible for us to notice them all; and we do not wish to give remembrance to any particular story. This We are informed that 30 furnaces are in operation Clinton or Rufus King. The editor would play a higher game. work shall not become the partizan of James Madison, De Witt at the KENHAWA salt works, each of which make He would use every effort to place truth before the people-to urge about 300 bushels a week-or in the whole 9000 the superiority of republican principles, on their broad and liberal bushels weekly. The current selling price is sixty-basis-to provoke a "holy hatred" of kings and their priests, and two and a half cents a bushel. discountenance every thing partaking of a foreign partiality. Such at least, are his sincere desires. It gives him much pleasure, and promotes an honest pride, to be informed, that this favored work feels it his duty to give this caution, at the moment, when, as imis so received by thousands-and, as deserving such confidence, he portant operations may be expected, falsehood will the more and

A letter from England dated August 12, says the want of provisions is dreadful. "Flour is up to 110s. per barrel"-$24 42.

The National Intelligencer informs that the Chick-nore abound. asaw,Cheerokee and Choctaw Indians are determined to remain friendly to the United States.

Samuel Pleasants, Esq. of Richmond, editor of the Virginis HERKIMER, N. Y. Oct. 12.-I have another word of Argus, will obligingly attend to the business of the editor; and is comfort for the friends of our good old mother Eng-ly Register. authorised, generally, to receive money on account of the Weckland. On the 10th inst. nearly 200 merino sheep in To Edward Randolph, Esq. of Pinkneyville, Mis. Ter, the suba drove, were driven through here, on their way to a scribers at that place and in the adjacent country will be pleased to western county; and we have thousands of these The friends of this work, acting as agents, are requested, enemies to British monopoly already in the district. The British cartel brig Swiftsure has arrived at New York, from Falmouth Eng. via Halifax, with

make payment.

in all instances, when forwarding money, to give the names of the gentlemen from whom they have received it. The paper will ed not to receive new subscribers that do not pay a year in advance. not be sent to those who are not punctual. They are also request.

No. 9 or VOL. III.]

BALTIMORE, SATURDAY, OCTOBER 31, 1812.

Hæc olim meminisse juvabit.-VIRGIL.

[WHOLE NO. 61.

Printed and published by H. NILES, South-st. next door to the Merchants' Coffee House, at § 5 per annum.

Constitution of Massachusetts

A constitution or frame of government agreed upon by the delegates of the people of Massachusetts-Bay, in convention, begun and held et Cambridge, on the first. of September 1779, and continued by aljournment, to the second of March, 1780 :

PREAMBLI.

Beasures necessary for their saf ty, prosperity, and happiness.

hereafter, be by them expressly delegated to the United States of America, in congress assembled.

All power residing originally in the people, and being derived from them, the several magistrates, and officers of government, vested with authority, whether legislative; executive or judicial, are their substitutes and agents, and are at all times accountable

to them.

VI. No man.or corporation,or association of men distinct from those THE end of the institution, inaintenance, and administration of of the community,have any other title to obtain advantages,or parti government, is, to cure the existence of the body politic, to pro-cular and exclusive privileges, than what arises from the consideraeet it, and to furnish the individuals who compose it, with the pow- tion of services rendered to the public. And this title being, in na er of enjoying in safety, and tranquility, their natural rights, and ture, neither hereditary, nor transmissible to children or descen the blessings of life: and whenever these great objects are not ob- dants or relations of blood, the idea of a man born a magistrate, lawtained, the people have a right to alter the government, and to take giver, or judge, is absurd and unnatural. VII. Government is instituted for the common good; for the The body politic is formed by a voluntary association of indivi-protection, safety, prosperity and happiness of the people; and not duals. It is a social compact, by which the whole people cove for the profit, honor, or private interest of any one man, family or ants with each citizen, and each citizen with the whole people, any one class of men. Therefore, the people alone have an incon that all shall be governed by certain laws for the common good.-testible, unalienable, and indefeasible right, to institute government, It is the duty of the people, therefore, in framing a constitution of and to reform, alter, or totally change the same, when their protec government, to provide for an equitable mode of making laws, as tion, safety, prosperity and happiness require it. well as for an impartial interpretation, and a faithful execution of VIII. In order to prevent those, who are vested with authority them; that every man may, at all times, find his security in them. from becoming oppressors, the people have a right, at such periods We, therefore, the people of Massachusetts, acknowledging, with and in such manner as they shall establish by the frame of govern grateful hearts, the goodness of the great legislator of the universe, ment, to cause their public officers to return to private life: and In affording us, in the course of his providence, an opportunity to fill up vacant places, by certain and regular elections and apdehiarately and peaceably, without frand, violence or surprise, of pointments.

eutering into an original, explicit, and solemn compact with each IX. All elections ought to be free; and all the inhabitants of other; and of forming a new constitution of civil government, for this commonwealth, having such qualifications as they shall esta Garselves and posterity: and devoutly imploring his direction in so blish by their frame of government, have an equal right to elect interesting a design, do agree upon, ordain and establish, the fol-officers, and to be elected for public employments.

lowing declaration of rights, and frame of government, as the constitution of the commonwealth of Massachusetts.

X. Each individual of the society has a right to be protected by it, in the enjoyment of his life, liberty and property, according to the standing laws. He is obliged consequently, to contribute his share, to the expense of this protection; to give his personal service, or an equivalent when necessary---But no part of the property of any individual can, with justice, be taken from him, the representative body of the people of the people. In fine, the people of this commonwealth are not controllable by any other laws, than those to which their constitutional representative body have given their consent. And whenever the public exigencies require, that the property of any individual should be appropriat ed to public uses, he shall receive a reasonable compensation

PART I.-A DECLARATION OF RIGHTS. Of the Inhabitants of the Commonwealth of Massachusetts. Art. I. All men are born free and equal, and have certain natu. ral, essential, and unalienable rights: among which may be reck-or applied to the public use, without his own consent, or that of sted the right of enjoying and defending their lives and liberties; that of acquiring, possessing, and protecting property; in fine, that of seeking and obtaining their safety and happiness.

II. It is the right, as well as the duty, of all men in society, pub licly and at stated seasons, to worship the Supreme Being, the great creator and preserver of the universe. And no subject shall be hurt, molested, or restrained in his person, liberty or estate, for therefor. worshipping God in the manner and seasons most agreeable to the X Every subject of the commonwealth ought to find a certain dictates of his own conscience; or for his religious profession or remedy, by having recourse to the laws for all injuries or wrongs sentiments-provided he doth not disturb the public peace, or ob- which he may receive in his person, property or character. He struct others in their religious worship. ought to obtain right and justice freely, and without being obliged to purchase it-completely, and without any denial-promptly and without delay-conformably to the laws.

III. As the happiness of a people, and the good order and preervation of civil government, ssentially depend upon piety,religion and morality; and as these cannot be generally diffused through XII. No person shall be held to answer for any crime or offence the community, but by the institution of a public worship of God, until the same is fully and plainly, substanti illy and formally, and of public institutions in piety, religion and morality: There- described to him, or be compelled to accuse or fur ish evidence fore, to promote their happiness, and to secure the good order and against himself. And every person shall have a right to produce preservation of their government, the people of this commonwealth all proofs, that may be favorable to him; to meet the witnesses have a right to invest their legislature with power to authorise and against him, face to face, and be fully heard in his defence, by require, and the legislature shall, from time to time, authorise and himself or his counsel, at his election. Ard no person shall be ar require the several towns, parishes, precincts and other bojes po rested, imprisoned, or despoiled, or deprived of his property, immaulitic, or religious societies, to make suitable provision, at their own nities, or privileges, put out of the protection of the law, exiled or expence, for the institution of the public worship of God, and for deprived of his urte, liberty or estate, but by the judgment of his the support and maintenance of public protestant teachers of pie-peers, or the law of the land. ty, religion and morality, in all cases, where such provision shall not be made voluntarily.

All the people of the commonwealth have also a right to, and da, invest their legislature with authority, to enjoin upon all the subjects, an attendance upon the instructions of the public teach ers, as aforesaid, at stated times and seasons, if there be any one whose instructions they can conscientiously and conveniently at

d:

And the legislature skall not make any law, that shall subject any person to a capital or infamous punishment (excepting for the government of the army and navy) witout trial by jury.

XIII. In criminal prosecutions, the verification of facts, in the vicinity where they happen, is one of the greatest securities of the life, liberty and property of the citizen.

XIV. Every person has a right to be secure from all unreasonable searches, and seizures, of his person, his houses, his papers, and Previded, notwithstanding, that the several towns, parishes, pre- all his possessions. All warrants, therefore, are contrary to this finets, and the other bodies politic, or religious societies, shail, at right, if the cause or foundation of them be not previously supportall times, have the exclusive right of electing their public teachers, ed by oath or affirmation; and if the order, in a warrant toa civil and of contracting with them, for their support and maintenance officer, to make search in all suspected places, or to arrest one or All monies, pat by the subject, to the support of public wor-more suspected persons, or to seize their property, be not accom ship, and of the public teachers aforesaid, shall, if he require it, be panied with a special designation of the persons or objects of unfermly applied to the support of the public teacher, or teachers search, arrest, or seizure. And no warrant ought to be issued, but df his own religious sect or denomination, provided there be any, in such cases, and with the formalities, prescribed by the laws. whose instructions he attends, otherwise it may be paid towards XV. In all controversies concerning property, and in all suits the support of the teacher, or teachers, of the parish, or precinct, between two or more persons, (except in cases, in which it has in which the said monies are raised. heretofore been otherwise used and practised) the parties have a

law.

And every denomination of christians, demeaning themselves right to a trial by a jury; and this method of procedure shall be peaceably, and as good subjects of the commonwealth, shall be held sacred; unless, in cases arising on the high seas, and such as equally ander the protection of the law: and no subordination of relate to marmer's wages, the legislature shall hereafter fad it neany sert, or denomination to another, shall ever be established by cessary to alter it. XVI. The liberty of the press is essential to the security of freeIV. The people of this commonwealth have the sole and exclu-dom in a state; it ought not, therefore, to be, restrained in this are right of governing themselves, as a free, sovereign, and inde-commonwealth. pendent state: and do, and forever hereafter shall, exercise and en- XVII. The people have a right to keep and to bear arms for the ay, every power, jurisdiction and right, which is not, or may not, common defence. And as, in tine of peace, armies are dangerous VOL. III. I

against the said bill or resolve, shall be entered upon the publie records of the commonwealtin

to liberty, they ought not to be maintained, without the consent of the legislature; and the military power shall always be held in exact subordination to the civil authority, and be governed by it. And in order to prevent unnecessary delays, if any bill or ressive XVIII. A frequent recurrence to the fundamental principles of shall not be returned by the governor within five days, after it the constitution, and a constant adherence to those of piety, jus- shall have been presented, the same shall have the force of a tice, moderation, temperance, industry, and frugality, are abso-Law. lutely necessary to preserve the advantages of liberty, and to main- HI. The general court shall forever have full power and antan a free government. The people ought, consequently, to have thority to erect and constitute judicatories, and courts of record, or a particular attention to all those principles in the choice of their other courts, to be held in the name of the commonwealth, for the officers and representatives; and they have a right to require of hearing, trying and determining, of all manner of crimes, offences, thear law-givers and magistrates, an exact and constant observance plas, processes, plants, actions, matt ry, causes, and things whatof them, in the formation and execution of all laws, necessary for sever arising or happening within the commonwealth, or between the good a lininistration of the commonwealth. or concerning persons inhabiting or residing, or brought, withun XIX. The people have a right, in an orderly and peaceable the same; whether the same be criminal or civil, or whether the manner to assemble to consult upon the common good; give in- said crimes be capital or not capital, and whether the said pleas be structions to their representatives and to request of the legislative real, p. rsonal or mixed; and for the awarding and making out of exbody, by the way of addresses, petitions or remonstranges, redress ecution thereupon: to which courts and judicatories, are hereby of the wrongs done them, and of the grievances they suffer. given and granted, full power and authority, from time to time, to administer oaths or affirmations, for the better discovery of truth in any matter in controversy or depending before them.

XX. The power of suspending the laws, or the execution of the laws, ought never to be exercised, but by the legislature; or by au thority derived from it, to be exercised in such particular cases only, as the legislature shall expressly provide for.

IV. And further, full power and authority are hereby given and granted to the said general court, from time to time, to make, ordain, XXI. The freedom of deliberation, speech, and debate, in either and establish, all manner of wholesome and reasonable orders, laws, house of the legislature, is so essential to the rights of the people, statutes and ordinances, directions and instructions, either with pen that it cannot be the foundation of any accusation or prosecution.alties or without (so as the same be not repugnant or contrary to action, or complaint, in any other court or place whatsoever. this constitution) as they shall judge to be for the good and welfare XXII. The legislature ought frequently to assemble, for the re- of this commonwealth, and for the government and ordering there dress of grievances, for correcting, strengthening, and confirming of, and of the citizens of the same, and for the necessary support and the laws, and for making new laws, as the common good may re-defence of the government thereof; and to name and settle anally, quire. or provide by fixed laws, for the naming and settling all civil officers, XXIII. No subsidy, charge, tax, impost, or duties, ought to be within the said commonwealth, the election and constitution of established, fixed, laid, or fevied, under any pretext whatever, whom are not hereafter, in this form of government, otherwise without the consent of the people, or their representatives in the provided for; and to set forth the several duties, powers and liants legislature. of the several civil and military officers of this commonwealth, and the forms of such oaths or affirmations shall be respectively and ministered unto them for the execution of their several offices and places, so as the same be not repugnant or contrary to this constitution: and to impose and levy proportional and reasonable as

XXIV. Laws, made to punish for actions, done before the exist ence of such Laws, and which have not been declared crimes by precaling laws, are unjust, oppressive, and inconsistent with the fundamental principles of a free government. XXV. No person ought, in any case, or in any time, to be de-sessments, rates, and taxes upon all the inhabitants of, and persons clared guilty of treason or felony by the legislature.

XXVI. No magistrate, or court of law, shall demand excessive Lail or sureties, impose excessive fines, or inflict cruel or unusual punishments.

XXVII. In time of peace, no soklier ought to be quartered in any house, without the consent of the owner; and in time of war, such quarters ought not to be made, but by the civil magistrate, in manner ordained by the legislature.

XXVIII. No person cas, in any case, be subjected to law martial, er to any penalties or pains, by virtue of that law, (except those employed in the arty or navy, and except the militia in actual servie) but by authority of the legislature.

resident, and estates lying, within the said commonwealth; and also to impuse and levy, reasonable duties and excises upon any produce, goods, wares, merchandises and commodities whatsoever, brought into, produced, manufactured, or being within the same, to be issued and disposed of by warrant under the hand of the governor of this commonwealth for the time being, with the advice and consent of the countil, for the public service, in the necessary defence and support of the government of the said commonwealth, and the protection and preservation of the citizens thereof, according to such acts as are or shall be in force within the same.

And wine the public charges of government, or any part thereof, shall be assessed on polls and estates in the manner that leas hitherto been practised; in order that such assessments may be made with equality, there shall be a valuation of estates within the commonwealth taken anew once in every ten years, at the least, and as much oftener as the general court shall order. SECT. 11-Senate.

XXIX. It is essential to the preservation of the rights of every individual, his life, liberty, property and character, that there be an impartial interpretation of the laws, and administration of justice. It is the right of every citizen, to be tried by judges, as free, impar tial and independent, as the lot of humanity will admit. It is, therefor, not only the best policy, but for the security of the rights of the people, and of every citizen, that the judges of the Art. I. There shall be annually elected by the freeholders and supreme judicial court should hold their offices as long as they have other inhabitants of this commonwealth, qualified as in this con themselves well; and that they should have honorable salaries, as-stitution is provided, forty persons to be counsellors and senators for ertained and established by standing laws. the year ensuing their election: to be chosen by the inhabitants of

CHAP. I.

XXX. In the government of this commonwealth, the legislative the districts into which the commonwealth may; from time to time, department shall never exercise the executive and judicial powers, be divided by the general court, for that purpose. And the gen or either of the: the executive shall never exercise the legisla-ral court, in assigning the numbers to be elected by the representa. tive and judicial powers, or either of them: the judicial shall never exercise the legislative and executive powers, or either of them: to the end, that it may be a government of laws, and not of men.

PART II-PAME OF GOVERNMENT.

tive districts, shall govern themselves by the proportion of the public taxes paid by the said districts; and timely make known to the inhabitants of the commonwealth, the limits of each district, and the number of counsellors and senators to be chosen therein: provided, that the number of such districts shall be never less th The people inhabiting the territory formerly called the Pro-thirteen; and that no district be so large as to entitle the same to vince of Massachusetts Bay, do hereby solemnly and mutually age with each other, to form themselves into a free, sovereign and dependent body-politic, or state, by the name of. The communwealth of Massachusetts.

CHAP. THE LEGISLATIVE POWER.

Sec. I-The General Court.

Art. 1. The department of legislation shall be formed by two bŋuiches, a senate and house of representatives: each of which shall have a negative on the other.

The legislative body shall assemble every year, on the last Wednesday of May, and at such other times as they shall judge neces sary; and shall dissolve, and be dissolved, on this day next preceding the said last Wednesday in May; and shall be styled, The Gene rai Cont of Massachusetts.

choose more than six senators.

And the several counties in this commonwealth shall, until the general court shall determine it necessary to alter the said di tricts, he districts for choice of counsellors and senators (except that the counties of Dukes county and Nantucket, shall form one district for that purpose) and shall elect the following number for eouns: Hlors and senators, viz: Suffolk six, Essex six, Middles x five, Hampshire four, Plymouth three, Barnstable one, Bristol three, York two, Dakes county and Nantucket one, Worcester five, Come berland one, Lincoln one, Berkshire two.

II. The senate shall be the first branch of the legislature; and the senators shall be chosen in the following manner, viz. The re shall be a meeting on the first Monday in April, annually, forever, of the inhabitants of each town in the several countics of this con monwealth; to be called by the selectmen, and warned in doe course of law, at least seven days besore the first Monday in Apol II. No bill or resolve of the senate or house of representatives, for the purpose of electing persons to be senators and Counsellors. shall become a law, and have force as such, until it shall have been And at such me tings, every male inhabitant, of twenty-one years of L: before the governor for his revival: and if he, upon such re-age and upwards, having a freehold estate within the cotamoow caftir vision. approve thereof, he shall signify his approbation by signing of the annual income of three pounds, or any estate of the valur of the same. But if he have any objection to the passing of such bill or sixty pounds, shail have a right to give in his vote for the senators, resoive, he shall return the saine fogether with his objections thereto, for the district of which he is an inhabitant. And to remove all in writing, to the schate or hous of r pucsentatives, in whichsoever doubts concerning the word "inhabitant" in this constitution, evethe same shall have originated; who shall enter the objections sentry person shall be considered as an inhabitant (for the purpose of down by th Le cor, at large, on their reards, and proceed to decting and being elected into any office or place within this state) re-consider thig bill or resolve: But if after such re-considera- in that town, district, or plantation where he dwelleth or hath his tion, two-thirds of the said senate or house of representatives, shall, home.

notwithstanding the said ongections, agree to pass the same, it shall, The selectmen of the several towns shall preside at such ment together with the objections, be sent to the other branch of the lesings impartially; and shall receive the votes of all the inhabitants diture, where it shall also be reconsidered; and i'approved by of such towns, present and qualified to vote for senators ; and shall two-thirds of the members present, it shall have the fore of a law: sort and count them in open town meeting, and in presence of But in at such eases the votes of both higuses shall be determined the town clark, who shall make a fair record, in presence of the my seas and ways: and the names of the persons voting for or selectmen, and in open town meeting, of the name of every per

ton voted for, and of the number of votes against his name; and atative. But no place shall hereafter be incorporated with the pri fair copy of this record shall be attested by the sel etmen and the vilege of electing a representative, unless there are, within the town clerk, and shall be sealed up, directed to the secretary of the same, one hundred and fifty rateable polls. commonwealth for the time being, with a superscription, express- And the house of representatives shall have power, from time to ing the purports of the contents thereof, and delivered, by the time, to impose fines upon such towns as shall neglet to choose town clerk of such town, to the sheriff of the county, in which such and return members to the same, agreeably to this constitution. town lies, thirty days at least before the last Wednesday in May, The expences of travelling to the general assembly, and reannually; or it shall be delivered into the secretary's office, seven-turning home, once in every session and no more, shdl be paid by teen days, at least, before the said last Wednesday in May; and the government, out of the public treasury, to every member who the sheriff of each county shall deliver all such certificates, by him shall attend as seasonably as he can, in the judgment of the house, received, into the secretary's office, seventeen days before the said and does not depart without leave. last Wednesday in May.

III. Every member of the house of represent stives shall be cho And the inhabitants of plantations unincorporated (qualified as sen by written votes; and for one year at least, next preceding his this constitution provides) who are or shall be empowered and re-election, shall have been an inhabitant of, and have been seized, in quired to assess taxes upon themselves, toward the support of go- his own right, of a freehold of the value of one hundred pounds, vernment, shall have the same, privilege of voting for counsellors within the town he shall be chosen to represent, or any rateable and senators in the plantations where they reside, as town inhabi-estate, to the value of two hundred pounds; and he shall cease to tants have in their respective towns; and the plantation-meet-represent the said town immediately on his ceasing to be qualified ings, for that purpose, shall be held annually on the same first Mon- as aforesaid.

day in April, at such place in the plantations respectively, as the IV. Every male person, (being twenty-one years of age, and re assessors thereof shall direct; which assessors shall have like au- sident of any particular town in this commonwealth, for the space thrity, for notifying the electors, collecting and returning the of one year next preceding) having a freehold estate within the votes, as the selectmen and town clerks have in their several towns, same town, of the annual income of three pounds, or any estate of by this constitution, and all other persons, living in places unin- the value of sixty ponuds, shall have a right to vote, in the choice corporated (qualified as aforesaid) who shall be assessed to the sup- of a representative, or representatives, for the said town, port of government by the assessors of an adjacent town, shall V. The members of the house of representatives shall be chosen, have the privilege of giving in their votes for counsellors and se-annually, in the month of May, ten days, at least, before the last nators, in the town where they shall be assessed, and be notified of Wednesday of that month. the place of meeting, by the selectinen of the town, where they shall be assessed, for that purpose accordingly.

III. And that there may be a due convention of senators on the last Wednesday in May annually, the governor, and five of the conacil, for the time being, shall, as soon as may be, examine the returned copies of such records; and fourteen days before the said day, he shall issne his summons to such persons, as shall appear to be chosen by the majority of votes, to attend on that day, and take their seats accordingly; provided nevertheless, that for the first year, the said returned copies shall be examined by the president and five of the council of the former constitution of government: and the said president shall, in like manner, issue his summons to the persons so elected, that they may take their seats as aforesaid. IV. The senate shall be the final judge of the elections, returns and qualifications of their own members, as pointed out in the constitution; and shall, on the said last Wednesday in May, annually, determine and declare, who are elected by each district, to be senators, by a majority of votes: and in case there shall not appear to be the fall number of senators returned, elected by a majority of votes for any district, the deficiency shall be supplied in the folbowing manner, viz. The members of the house of representatives, and such senators as shall be declared elected, shall take the names of such persons as shall be found to have the highest number of tutes in such district, and not elected, amounting to twice the number of senators wanting, if there be so many voted for; and ont of these, shall elect, by ballot, a number of senators, sufficient to fill up the vacancies in such district; and in this manner all such vacancies shall be filled in every district of the commonwealth: and in like manner, all vacancies in the senate, arising by death, removal out of the state, or otherwise, shall be supplied as soon as may be, after suela vacancies shall happen.

V. Provided nevertheless, that no person shall be capable of being elected as a senator, who is not seized in his own right, of a freehold within this commonwealth, of the value of three hundred pounds at least, or possessed of personal estate to the value of six hundred pounds at least, or of both to the amount of the same sum: and who has not been an inhabitant of this commonwealth for the spate of five years immediately preceding his election; and at the time of his election he shall be an inhabitant in the district, for which he shall be chosen:

Vi. The senate shall have power to adjourn themselves, provided such adjournments do not exceed two days at a time.

VIL. The senate shall choose its own president, appoint its own officers, and determine its own rules of proceedings.

VIII. The senate shall be a court, with full authority, to hear

VI. The house of representatives shall be the grand inquest of this commonwealth; and all impeachments, made by thein, shall be heard and tried by the senate.

VII. All money bills shall originate in the house of representatives; but the senate may propose or concur with amendments, as on other bills. VIII. The house of representatives shall have power to adjourn themselves; provided such adjournment shall not exceed two days at a time. IX. Not less than sixty members of the house of representatives shall constitute a quorum for doing business.

X. The house of representatives shall be the judge of the re turns, elections. and qualification of its own members, as pointed out in the constitution; shall choose their own speaker; appoint their own officers, and settle their rules and orders of proceeding in their own house. They shall have authority to punish, by impri sonment, every person (not a member) who shall be guilty of disrespect to the house, by any disorderly or contemptuous behavior in its presence; or who, in the town where the general count 13 sitting, and during the time of its sitting, shall threaten harm to the body or estate of any of its members, for any thing said or done in the house; or who shall assault any of them therefor; or who shall assault, or arrest any witness, or other person, ordered to attend the house, in his way in going or returning or who shall rescue any person arrested by the order of the house.

And no member of the house of representatives shall be arrested or held to bail on mesne process, during his going into, returning from, or his attending the general assembly.

XI. The senate shall have the same powers in the like cases; and the governor and council shall have the same authority to pu nish in like cases; provided that no imprisonment, on the warrant or order of the governor, council, senate, or house of representa tives, for either of the above described offences, be for a term ex ceeding thirty days.

And the senate and house of representatives may try and deter mine all cases where their rights and privileges are concerned, and which, by the constitution, they have authority to try and d termine, by committees of their own members, or in such other way as they may respectively think best. (To be concluded in our next.)

and determine all impeachments, made by the house of represen-As

tatives, against any officer or officers of the commonwealth, for misconduct and maf-administration in their officers. But previous to the trial of every impeachment, the members of the senate shall respectively be sworn, truly and impartially to try and determine the charge in question, according to evidence. Their judgment, however, shall not extend further, than to removal from office, and disqualification to hold or enjoy any place of honor, trust or profit, under this commonwealth: but the party so convicted. shall be, nevertheless, liable to indictment, trial, judgment, and punishnient, according to the laws of the land.

IX. Not less than sixteen members of the senate, shall constituce a quorum for doing business.

CHAP. 1.—SECT. 111.-House of Representatives. Art. I. There shall be, in the legislature of this contnonwealth, a representation of the people, annually elected, and founded up on the principle of equality.

Presidential Election.

the following letters may be frequently referred to, we simply insert them without entering into the views or conclusions of either party. They were first published under the direction of the committee in New-York appointed to promote the election of De Witt Clinton, Esq. to the presidency of the United States. Messrs. Taylor, Spencer, and Riker are distinguished republicans-the latter is a member of the committee mentioned above, and his reply was published with their approbation.

ALBANY, Sept. 26, 1812. Dear Sir-Permit us to introduce to your acII. And in order to provide for a representation of the citizen, quaintance general King of Massachusetts. It is of this commonwealth, founded on the principles of equality.he wish to communicate freely with one or more of every corporate town, containing one hundred and fifty rateable the lieutenant-governors' friends in your city in relapolls, may elect one representative:-every corporate town, conining three hundred and seventy-five rateable poils, may elect tion to the presidential question.

two representatives: every corporate town, containing six hundred

rateable polls, may elect three representatives and proceeding

tative:

The generals' character and standing entitle him

in that manner, making two hundred and twenty-five rateable to the greatest consideration; and allow us to say palis the mean increasing number, for every additional represen-that nothing could be more gratifying to the real Provided nevertheless, that each town now incorporated, not hav-friends of Mr. Clinton, and to the republican party ng one hundred and fifty rateable polis may cleet one represcie in this section of the state, than an arrangement