« 上一頁繼續 »
Secondly, I do not find a model in the world, that time, place, and some singular emergences have not necessarily altered; nor is it easy to frame a civil government, that shall serve all places alike.
Thirdly, I know what is said by the several adınirers of monarchy, aristosracy and democracy, which are the rule of one, a few, and many, , and are the three common ideas of government, when men discourse on the subject. But I chuse to solve the controversy with this- small distinction, and it belongs to all three: Any government is free to the people under it (whatever be the frame) where the laws rule, and the people are a party to those laws, and more than this is tyranny, oli. garchy; or confusion.
But, lastly, when all is said, there is hardly one frame of government in the world so ill designed by its first founders, that, in good hands, would not do well enough, and story tells us, the best, in ill ones, can do nothing that is great or good; witness the Jewish and Roman states. Governments like clocks, go from the motion men give them; and as governments are made and moved by men, so by them they are ruined too. Wherefore governments rather depend upon men, than men up
on governments. Let men be good, and the government cannot be u bad; if it be ill they will cure it. But, if men be bad, let the government be never so good, they will endeavour to warp and spoil it to their turn.
I know some say, let us have good laws, and no matter for the men that execute them: but let them consider, that though good laws do well, good men do better: for good laws may want good men, and be abolished or evaded by ill men; but good men will never want good laws, nor suffer ill ones. It is true, good laws have some awe upon ill ministers, but that is where they have not power to escape or abolish them, and the people are generally wise and good: but a loose and depraved people (which is to the question) love laws and an administration like themselves. That, therefore, which makes a good constitution must keep it, viz. men of wisdom and virtue, qualities, that because they descend not with worldly inheritances, must be carefully propagated by a virtuous education of youth; for which after ages will owe more to the care and prudence of founders, and the successive magistracy, than to their parents, for their private patrimonies.
These considerations of the weight of government, and the nice and various opinions about it, made it uneasy to me to think of publishing the ensuing frame and conditional laws, foreseeing both the censures, they will meet with, from men of differing humors and engagements, and the occasion they may give of discourse beyond my design.
But, next to the power of necessity, (which is a solicitor, that will take no denial) this induced me to a compliance, that we have (with reverence to God, and good conscience to men) to the best of our skill, contrived and composed the frame and laws of this government, to the great end of all government, viz. To support power in reverence with the people, and to secure the people from the abuse of power; that they may be free by their just obedience, and the magistrates honorable, for their just administration: for liberty without obedience is confusion, and obedience without liberty is slavery. To carry this evenness is partly owing to the constitution, and partly to the magistracy: where either of these fail, government will be subject to convulsions; but where both are wanting it must be totally subverted: then where
both meet, the government is like to endure. Which I humbly pray and hope God will please to make the lot of this of Pennsylvania. Amen.
To all people, to whom these presents shall come. WHEREAS king Charles the second, by his letters patents, under the great seal of Enge land, for the consideration therein mentioned, hath been graciously pleased to give and grant unto ine William Penn (by the name of William Penn. Esquire, son and heir of sir William Penn deceased) and to my heirs and assigns forever, all that tract of land, or province, called Pennsylvania, in America, with divers great powers, preeminences, royalties, jurisdictions, and authorities, necessary for the well being and government thereof: Now know ye, that for the well-being and government of the said province, and for the encouragement of all the freemen and planters, that may be therein concerned, in pursuance of the powers aforementioned, I the said Williain Penn, bave declared, granted and confirmed, and by these presents, for me, my heirs and assigns, do declare, grant and confirm unto all the freemen, planters and adventurers of, in and to the said province, these liberties, franchises and properties, to be held, enjoyed and kept by the freemen, planters and inhabitants of the said province of Pennsylvania, for ever.
Imprimis, "That the government of this province shall, according to he
powers of the patent, consist of the Governor nd freemen of the said province, in form of a provincial council, and general assembly, by whom all laws shall be made, officers chosen, and public affairs transacted, as is hereafter respectively declared, that is to say
II. That the freemen of tlie said province shall, on the twentieth day of the twelfth month, which shall be in this present year one thousand six hundred eighty and two, meet and assemble in some fit place, of which timely notice shall be before hand given by the governor or his deputy; and then, and there, shall choose out of themselves seventy-two persons of most note for their wisdom, virtue and ability, who shall meet, on the tenth day of the first month next ensuing, and always be called, and act as, the provincial council of the said pro
III. That at the first choice of such provincial c uncil, one-third part of the said provincial council shall be chosen to serve for three years then next ensuing; one-third part, for two years then next ensuing and one-third part, for one year then next ensuing such election, and no longer; and that the said third part shall go out accordingly: and on the twentieth day of the twelfth month, as aforesaid, yearly for ever afterwards, the freemen of the said province shall, in like manner, meet and assemble together, and then choose twenty four persons, being one third of the said number, to serve in provincial council for three years: it being intended, that one-third part of the whole pro
* By the charter of 1683, the number of provincial councillors is reduced to 18 Being three out of each county; and by Governor Markham's charter of 1696, thé inumber of councillors is reduced to two out of each county.
vincial council (always consisting, and to consist, of seventy-two persons as aforesaid) falling off yearly, it shall be yearly supplied by such new yearly elections, as aforesaid; and that no one person shall con. tinue therein longer than three years: and, in case any member shall decease before the last election during his time, that then at the next election ensuing his decease, another shall be chosen to supply his place, for the remaining time, he was to have served, and no longer.
IV. That, after the first seven years, every one of the said thiril parts, that goeth yearly off, shall be uncapable of being chosen again for one whole year following: that so all may be fitted for government, and have experience of the care and burden of it.
V. That the provincial council, in all cases and matters of moment, as their arguing upon biils to be passed into laws, erecting courts of justice, giving judgment upon criminals impeached, and choice of officers, in such manner as is hereinafter mentioned; not less than twothirds of the whole provincial council shall make a quorum; and that the consent and approbation of two-thirds of such quorum shall be had in all such cases and matters of moment. And moreover that, in all cases and matters of lesser moment, twenty-four members of the said provincial council shall make a quoram, the majority of which twentyfour shall, and may, always determine in such cases and causes of legser moment.t
VI. That in this provincial council, the governor, or his deputy, shall or may always preside, and have a treble voice; and the said provincial council sball always continue, and sit upon its own adjournments and committees.I
VII. That the governor and provincial council shall prepare and propose to the general assembly, hereafter mentioned, all bills, which they shall, at any time, think fit to be passed into laws, within the said province; which bills shall be published and affixed to the most noted places, in the inhabited parts thereof, thirty days before the meeting of the general assembly, in order to the passing them into laws, or rejecting of them, as the general assembly shall see meet.
VIII. That the governor and provincial council shall take care, that all laws, statutes and ordinances, which shall at any time be madę within the said province, be duly and diligently executed.
IX. That the governor and provincial council shall, at all times, have the care of the peace and safety of the province, and that nothing
By the charter of 1683, the time of the election is changed to the tenth day of the first month (March); and as three persons were chosen for every county, it is provided that the freemen shall meet on the aforesaid day of election, in every -county, and choose one person, being one-third of the number to serve in provincial council for three years, it being intended that one-third of the whole provincial council, to consist of 18 persons falling off yearly, should be yearly supplied with such yearly elections, and that one person shall not continue in longer than three years.
† By the charter of 1683, the last clause of this article is so altered as that in inatters of lesser moment, one third of the whole number shall make a quorum.
# By the charter of 1683, the following appears to be substituted for this article, viz. That the governor or his deputy shall always preside in the provincial council, and that he shall at no time therein perform any public act of state whatsoever, that shall or may relate unto the justice, trade, treasury or safety of the province and territories aforesaid, but by and with the advice and consent of the proyinci council thereof,
be by any person attempted to the subversion of this frame of government.
X. That the governor and provincial council shall, at all times, settle and order the situation of all cities, ports and market towns in every county, modelling therein all public buildings, streets and market places, and shall appoint all necessary roads, and highways in the province.
XI. That the governor and provincial council shall, at all times, have power to inspect the management of the public treasury, and punish those who shall convert any part thereof to any other use, than what hath been agreed upon by the governor, provincial council and general assembly
XII. 'Ihat the governor and provincial.council, shall erect and er. der all public schools, and encourage and reward the authors of useful sciences and laudable inventions in the said province.
XIII. That, for the better management of the powers and trust aforesaid, the provincial council shall, from time to time, divide itself into four distinct and proper committees, for the more easy administration of the affairs of the province, which divides the seventy-two into four eighteens, every one of which eighteen shall consist of six out of each of the three orders, or yearly elections, each of which shall have a distinct portion of business,
as followeth: First, a committee of plantations, to situate and settle cities, ports and inarket towns, and highways, and to hear and decide all suits and controversies relating to plantations. Secondly, A committee of justice and safety, to secure the peace of the province, and punish the mal-administration of those who subvert justice, to the prejudice of the public, or private interest, Thirdly, A committee of trade and treasury, who shall regulate all trade and commerce, according to law, encourage manufacture and country growth, and defray the public charge of the province. And, Fourthly, A committee of manners, education and arts, that all wicked and scandalous living may be prevented, and that youth may be successively trained up in virtue and useful knowledge and arts: the quorum of each of which committees being six, that is, two out of each of the three orders, or yearly elections, as aforesaid, make a constant and standing council of twenty-four, which will bave the power of the provincial council, being the quorum of it, in all cases not excepted in the fifth article; and in the said committees, and standing council of the province, the governor, or his deputy, shall or may preside, as aforesaid; and in the absence of the governor, or bis deputy, if no one is by eithec of them appointed, the said committees or council shall appoint a president for that time, and not otherwise; and what shall be resolved at such committees, shall be reported to the said council of the province, and shall be by them resolved and confirmed before the same shall be put in execution; and that these respective committees shall not sit at one and the same time, except in cases of necessity.*
* By the charter of 1683, the following appears to be substituted for this article, viz. One third part of the provincial council residing with the governor, from time to time shall, with the governor, have the care of the management of public affairs relating to the peace, justice, treasury and improvement of the province and territories, and to the good education of youth and sobriety of the manners of the inhabitants.
XIV. And, to the end that all laws prepared by the governor and provincial council aforesaid, may yet have the more full concurrence of the freemen of the province, it is declared, granted and confirmed, that at the time and place or places, for the choice of a provincial council, as aforesaid, the said freemen shall yearly choose members to serve in a general assembly, as their representatives, not ex. ceeding two hundred persons, who shall yearly meet, on the twentieth day of the second month, which shall be in the year one thousand six hundred eighty and three following, in the capital town, or city, of the said province, where, during eight days, the several members may freely confer with one another; and if any of them see meet, with a comunittee of the provincial council (consisting of three out of each of the four committees aforesaid, being twelve in all) which shall be, at that time, purposely appointed to receive from any of them proposals, for the alterations or amendment of any of the said proposed and promulgated bills: and on the ninth day from their so meeting, the said general assembly, after reading over the proposed bills by the clerk of the provincial council, and the occasions and motives for them being opened by the governor or his deputy, shall give their affirmative or negative, which to them seemeth best, in such manner as herein after is expressed. But not less than two-thirds shall make a quorum in the passing of laws, and choice of such officers as are by them to be chosen.*
XV. That the laws so prepared and proposed, as aforesaid, that are assented to by the general assembly, shall be enrolled as laws of the province, with this stile: By the governor, with the assent and approbation of the freemen in provincial council and general assembly.
XVI. That for the establishment of the government and laws of this province, and to the end there may be an universal satisfaction in the Jaying of the fundamentals thereof; the general assembly shall, or may for the first year, consist of all the freemen of and in the said province; and ever after it shall be yearly chosen, as aforesaid; which number of two hundred shall be enlarged as the country shall increase in people, so as it do not exceed five hundred, at any time; the appointment and proportioning of which, as also the laying and methodizing of the choice of the provincial council and general assembly, in future times, most equally to the divisions of the hundreds and counties, which the country shall hereafter be divided into, shall be in the power of the provincial council to propose, and the general asseinbly to resolve.t
By the charter of 1683, that part of this article which relates to the election of representatives, reads thus : The freemen of each county are to choose annually at the time and place of cboosing councillors; six persons of most note for virtue, wisdom and ability to serve in assembly, as their representatives, who shall yearly meet on the 10th day of the third month, (May,) in the capital town or city of the said province, unless the governor and provincial council shall think fit to appoint another place to meet in, where during eight days, &c.
By Governor Markham's charter of 1696, the general assembly is to consist of four persons out of each county.
* By the charter of 1683, the following is substituted for the 16th article, viz: And that the representatives of the people in provincial council and assembly, may, in after ages, bear some proportion with the increase and multiplying of the people, the number of such representatives of the people may be from time to time increased and enlarged, so as at no time the number exceed seventy-two for the provincial council, and two hundred for the assembly; the appointment and propose