state, except that he shall not be capable of being elected governor, lieutenant governor, treasurer, counsellor, or representative in assembly until after two year's residence.

§ 40. The inhabitants of this state shall have liberty, in seasonable times, to hunt and fowl on the lands they hold, and on other lands not enclosed; and in like manner to fish in all boatable and other waters, not private property, under proper regulations, to be hereafter made and provided by the general assembly.

§ 41. Laws for the encouragement of virtue and prevention of vice and immorality, ought to be constantly kept in force, and duly executed: and a competent number of schools ought to be maintained in each town, for the convenient instruction of youth: and one or more grammar schools be incorporated, and properly supported, in each county in this state. And all religious societies or bodies of men, that may be hereafter united or incorporated for the advancement of religion and learning, or for other pious and charitable purposes, shall be encouraged and protected in the enjoyment of the privileges, immunities, and estates, which they in justice ought to enjoy, under such regulations as the general assembly of this state shall direct.

§ 42. The declaration of the political rights and privileges of the inhabitants of this state, is hereby declared to be a part of the constitution of this commonwealth, and ought not to be violated on any pretence whatsoever.

§ 43. In order that the freedom of this commonwealth may be preserved inviolate for ever, there shall be chosen, by ballot, by the freemen of this state, on the last Wednesday in March, in the year one thousand seven hundred and ninetynine, and on the last Wednesday in March, in every seven years thereafter, thirteen persons, who shall be chosen in the same manner the council is chosen, except they shall not be out of the council or general assembly, to be called the council of censors: who shall meet together on the first Wednesday in June 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 inquire, whether the constitution has been preserved inviolate in every part during the last septenary, including the year of their service, 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 entitled to by the constitution: They are also to inquire, whether the public taxes have been justly laid and collected in all parts of this commonwealth; in what manner the public moneys 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 shall appear to them to have been passed 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 appears to them an absolute necessity of amending any article of this 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.

By order of Convention, July 9th, 1793.

THOMAS CHITTENDEN, President.

Attest, LEWIS R. MORRIS, Secretary.

CHARTER OF RHODE ISLAND.

GRANTED BY KING CHARLES II. IN THE FOURTEENTH YEAR OF HIS REIGN.

Quintadecima pars Patentium Anno Regni Regnis Caroli Secundi Quintodecimo.

CHARLES the Second, by the grace of God, &c. to all to whom these presents shall come, greeting: Whereas we have been informed, by the petition of our trusty and well beloved subjects, John Clark, on the behalf of Benedict Arnold, William Brenton, William Codington, Nicholas Easton, William Boulston, John Porter, John Smith, Samuel Gorton, John Weekes, Roger Williams, Thomas Olney, Gregory Dexter, John Cogeshall, Joseph Clarke, Randall Houlden, John Greene, John Roome, Samuel Wildbore, William Field, James Barker, Richard Tew, Thomas Harris, and William Dyre, and the rest of the purchasers and free inhabitants of our island called

Rhode Island, and the rest of the colony of Providence Plantations, in the Narraganset Bay, in New England, in AmericaThat they, pursuing with peace and loyal minds their sober, serious, and religious intentions, of godly edifying themselves and one another in holy Christian faith and worship, as they were persuaded, together with the gaining over and conversion of the poor ignorant Indian natives, in those parts of America, to the sincere profession and obedience of the same faith and worship, did not only, by the consent and good encouragement of our royal progenitors, transport themselves out of this kingdom of England, into America, but also, since their arrival there, after their first settlement amongst other of our subjects in those parts, for the avoiding of discord, and these many evils which were likely to ensue upon those our subjects, not being able to bear, in those remote parts, their different apprehensions in religious concernments: and in pursuance of the aforesaid ends, did once again leave their desirable stations and habitations, and, with excessive labour and travail, hazard and charge, did transplant themselves into the midst of the Indian natives, who, as we are informed, are the most potent princes and people of all that country; where, by the good providence of God, (from whom the plantations have taken their name,) upon their labour and industry, they have not only been preserved to admiration, but have increased and prospered, and are seized and possessed, by purchase and consent of said natives, to their full content, of such lands, islands, rivers, harbours, and roads, as are very convenient both for plantations and also for building of ships, supplying of pipe-staves and other merchandise, which lie very commodious, in many respects, for commerce, and to accommodate our southern plantations, and may much advance the trade of this our realm, and greatly enlarge the territories thereof; they having, by near neighbourhood to, and friendly society with, the great body of Narraganset Indians, given them encouragement, of their own accord, to subject themselves, their people and land, unto us; whereby, as is hoped, there may, in time, by the blessing of God upon their endeavours, be laid a sure foundation of happiness to all America.

And whereas in their humble address, they have freely declared that it is much on their hearts (if they be permitted) to hold forth a lively experiment that a most flourishing civil state may stand, and best be maintained, and that among our English subjects, with a full liberty in religious concernments; and that true piety, rightly grounded upon gospel principles, will give the best and greatest security to sovereignty, and will lay in the hearts of men the strongest obligations to true loyalty:

Now know ye, that we being willing to encourage the hopeful undertaking of our said loyal and loving subjects, and

to secure them in the free exercise and enjoyment of all the civil and religious rights appertaining to them, as our loving subjects: and to preserve unto them that liberty in the true Christian faith and worship of God which they have sought with so much travail, and with peaceable minds and loyal subjection to our royal progenitors and ourselves, to enjoy: and because some of the people and inhabitants of the same colony cannot, in their private opinion, conform to the public exercise of religion, according to the liturgy, form, and ceremonies of the church of England, to take or subscribe the oaths and articles made and established in that behalf; and for that the same, by reason of the remote distances of those places, will, as we hope, be no breach of the unity and uniformity established in this nation, have therefore thought fit, and do hereby publish, grant, ordain, and declare, that our royal will and pleasure is:

That no person within the said colony, at any time hereafter, shall be anywise molested, punished, disquieted, or called in question, for any differences in opinion in matters of religion, who do not actually disturb the civil peace of our said colony; but that all and every person and persons may, from time to time, and at all times hereafter, freely and fully have and enjoy his own and their judgments and consciences, in matters of religious concernments, throughout the tract of land hereafter mentioned, they behaving themselves peaceably and quietly, and not using this liberty to licentiousness and profaneness, nor to the civil injury or outward disturbance of others; any law, statute, or clause therein contained, or to be contained, usage, or custom of this realm, to the contrary hereof, in anywise notwithstanding.

And that they may be in the better capacity to defend themselves, in their just rights and liberties, against all the enemies of the Christian faith, and others, in all respects, we have further thought fit, and at the humble petition of the persons aforesaid, are graciously pleased to declare,

That they shall have and enjoy the benefit of our late act of indemnity and free pardon, as the rest of our subjects in our other dominions and territories have; and to create or make them a body politic or corporate, with the powers and privileges hereinafter mentioned. And, accordingly, our will and pleasure is, and of our especial grace, certain knowledge, and mere motion, we have ordained, constituted, and declared, and, by these presents, for us, our heirs, and succesors, do ordain, constitute, and declare, that they the said William Brenton, William Codington, Nicholas Easton, Benedict Arnold, William Boulston, John Porter, Samuel Gorton, John Smith, John Weekes, Roger Williams, Thomas Olney, Gregory Dexter, John Cogeshall, Joseph Clarke, Randall Houlden, John Greene, John Roome, William Dyre, Samuel Wildbore,

Richard Tew, William Field, Thomas Harris, James Barker, Rainsborrow, Williams, and John Nickson, and all such others as are now, or hereafter shall be, admitted free of the company and society of our colony of Providence Plantations, in the Narraganset Bay, in New England, shall be, from time to time, and for ever hereafter, a body corporate and politic, in fact and name, by the name of The governor and company of the English colony of Rhode Island and Providence Plantations, in New England, in America; and that by the same name they and their successors shall and may have perpetual succession, and shall and may be persons able and capable in the law to sue and be sued, to plead and be impleaded, to answer and to be answered unto, to defend and to be defended, in all and singular suits, causes, quarrels, matters, actions, and things, of what kind or nature soever; and also to have, take, possess, acquire and purchase lands, tenements, or hereditaments, or any goods or chattels, and the same to lease, grant, demise, alien, bargain, sell, and dispose of, at their own will and pleasure, as other our liege people of this our realm of England, or any corporation or body politic within the same, may lawfully do.

And further, that they the said governor and company, and their successors, shall and may, for ever hereafter, have a common seal, to serve and use for all matters, causes, things, and affairs whatsoever, of them and their successors: and the same seal to alter, change, break, and make new, from time to time, at their will and pleasure, as they shall think fit.

And further we will and ordain, and, by these presents, for us, our heirs, and successors, declare and appoint, that, for the better ordering and managing of the affairs and business of the said company and their successors, there shall be one governor, one deputy governor, and ten assistants, to be from time to time constituted, elected, and chosen, out of the freemen of the said company, for the time being, in such manner and form as is hereafter in these presents expressed; which said officers shall apply themselves to take care for the best disposing and ordering of the general business and affairs of and concerning the lands and hereditaments hereinafter mentioned to be granted, and the plantation thereof, and the government of the people there.

And for the better execution of our royal pleasure herein, we do, for us, our heirs and successors, assign, name, constitute, and appoint the aforesaid Benedict Arnold to be the first and present governor of the said company; and the said William Brenton to be the deputy governor; and the said William Boulston, John Porter, Roger Williams, Thomas Olney, John Smith, John Greene, John Cogeshall, James Barker, William Field, and Joseph Clarke, to be the ten present assistants of the said company, to continue in the said