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IN CONVENTION: Monday, September 17,

1787. Present-The States of New-Hampshire, Massachusetts, Connecti cut, Mr. Hamilton from New-York, New-Jersey, Pennsylvania, Delaware, Maryland, Virginia, North-Carolina, South-Carolina, and Georgia.

Resolved, That the preceding Constitution be laid before the United States in Congress assembled, and that it is the opinion of this Convention that it should afterwards be submitted to a Convention of Delegates, chosen in each State by the people thereof under the recommendation of its Legislature, for their assent and ratification; and that each Convention assenting to, and ratifying the same, should give notice thereof to the United States, in Congress assembled.

Resolved, That it is the opinion of this Convention, that as soon as the Conventions of nine States, shall have ratified this Constitution, the United States in Congress assembled should fix a day on which electors should be appointed by the States which shall have ratified the same, and a day on which the electors should assemble to vote for the President, and the time and place for commencing proceedings under this Constitution.-That after such publication, the electors should be appointed, and the Senators and Representatives elected. That the electors should meet on the day fixed for the election of the President, and should transmit their votes certified, signed, sealed and directed, as the Constitution requires, to the Secretary of the United States, in Congress assembled. That the Sena tors and Representatives should convene at the time and place assigned, That the Senators should appoint a President of the Senate, for the sole purpose of receiving, opening, and counting the votes for President. And, that after he shall be chosen, the Congress, together with the President, should, without delay, proceed to execute this Constitution.

By the unanimous order of the Convention.

W. JACKSON, Secretary.

GEORGE WASHINGTON, President.

SIR,

In CONVENTION: September 17, 1787.

We have now the honour to submit to the consideration of the United States in Congress assembled, that Constitution which has appeared to us the most advisable.

The friends of our country have long seen and desired that the power' of making war, peace, and treaties, that of levying money, and regulating commerce, and the Correspondent executive and judicial authorities, should be fully and effectually vested in the general government of the Union. But the impropriety of delegating such extensive trust to one body of men, is evident. Hence results the necessity of a different organization.

It is obviously impracticable in the Federal Government of these States, fo secure all rights of independent sovereignty to each, and yet provide for the interest and safety of all. Individuals entering into society, must give up a share of liberty to preserve the rest. The magnitude of the sacrifice must depend as well on situation and circumstance, as on the ob→ fect to be obtained. It is at all times difficult to draw, with precision,

the line between those rights which must be surrendered, and those which may be reserved; and on the present occasion this difficulty was increased by a difference among the several states as to their situation, xtent, habits, and particular interests.

In all our deliberations on this subject, we kept steadily in our view, that which appears to us the greatest interest of every true American, the consolidation of our Union, in which is involved our prosperity, felicity, safety, and perhaps our national existence. This important consideration, seriously and deeply impressed upon our minds, led each State in the Convention to be less rigid on points of inferior magnitude, than might have been otherwise expected; and thus the Constitution, which we now present, is the result of a spirit of amity, and of that mutual deference and concession which the peculiarity of our political situation rendered indispensable.

That it will meet the full and entire approbation of every State, is not, perhaps, to be expected. But each will doubtless consider, that had her interest been alone consulted, the consequences might have been particularly disagreeable or injurious to others. That it is liable to as few exceptions as could reasonably have been expected, we hope and believe. That it may promote the lasting welfare of that country so dear to us all, and secure her freedom and happiness, is our most ardent wish. With great respect, we have the honour to be,

Sir, Your Excellency's most ob't. h'ble. s'vts.

* GEORGE WASHINGTON, President.

By unanimous order of the Convention.

His Excellency the President

of Congress.

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WIFE.

A wife cannot be guilty of a felony in taking her husband's goods; and if she delivers them to a stranger it is no felony in the stranger.

A married woman by her own act in person, may commit a forcible entry or detainer, and she may be punished for so doing as others may; but the fine set upon her for so doing, shall not be levied upon the husband; for he shall never be charg ed for the act or default of his wife, but when made a party to the action, and judgment given against both.

If the wife, without the husband, be indicted for any trespass, riot, or any other wrong indictable, she shall answer, and be party to the judgment only, and the fine set upon her shall not be levied upon the husband-after the husband's death such fine shall be levied upon herself-and as for imprisonment, or other corporeal pain, it shall be inflicted upon the wife only, and not upon the husband for her fault.

A wife cannot be bound herself in recognizance but by her sureties.

If a wife incur the forfeiture of a penal statute or act of ast sembly, the husband may be made a party to an action or information for the same, and he shall be liable to answer what shall be recovered therein.

A prosecution for conspiracy, is not maintainable against husband and wife, because they are esteemed but as one person in law.

See Accessory, Feme Covert, Women, Behaviour

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WILLS.

No person shall be capable of disposing of chattels by will until he or she shall have attained the age of eighteen years. This act shall be in force from and after the passage thereof. 1811. ch. 27.

To dispose of real estate by will, the testator must be twent ty-one years of age.

See Executors and Administrators.

WITNESSES.

Every witness summoned to appear in court and give evi, dence, who shall fail therein, shall forfeit and pay to the par par

at whose instance the subpoena issued, the sum of £20 and shall be further liable to the action of such party for dam ages.

During the attendance of any person summoned as a witness & during his travel to & from the place of such attendance, allowing one day for every 30 miles, he is privileged from the service of any writ or other process, except for treason, felony, rescous, breach of the peace, or upon an escape out of prison or custody, or a subpœna. Any witness who shall have failed to appear, on making satisfactory proof to the succeeding court, that he or she was by some unavoidable accident or other cause prevented from attending, whereby the court may exempt such witness from the forfeiture, such witmess so exonerated shall not be subjected to any costs that may have accrued. And every witness for the state, whose for feiture for non-attendance shall be remitted by the court, shall be wholly exempt from all costs.

Witnesses are entitled, in civil and criminal cases, for attending the superior courts each day, and for every 30 miles travelling to and from said courts, if in their own county six shillings, if out of their county, ten shillings-and for attending the courts of pleas and quarter sessions, eight shillings for every 30 miles travelling to and from court, and four shillings for each day's attendance on court.

In civil cases, the witness may either demand and by war rant recover of and from the party at whose instance he shall have been summoned, after each and every court, the amount of his pay then due according to the clerk's certificate, or he may wait till the cause be finally disposed of and then file his certificates of attendance, to be collected by execution from the party cast.

Where witnesses are required to attend any commissioners, referees or order of survey, a summons shall be issued by the clerk of the court, at the request of either party, or their agent, expressing the day and place where they are to appear, the names of the parties to the suit, and in whose hehalf summoned. And all witnesses so summoned, shall be entitled to the same privileges, and receive the same pay for their attendance, and be subjected to the same pains and penalties for non-attendance, as witnesses summoned to attend the courts of pleas and quarter sessions.

In all state prosecutions, where the state shall be liable for the costs, whether in the superior or county courts, such costs are to be discharged out of the fund provided for that purpose

and paid into the hands of the county trustees: for which, see Taxes for County Uses.

See Evidence, Depositions, Debt and Debtor.

WOMEN.

If any person shall for lucre take any woman, maid, widow or wife, having substance either in goods or lands, or being heir apparent to her ancestors, contrary to her will; and afterwards she be married to such misdoer, or by his consent to others, or defiled, such person, and all his accessories, shall be deemed principakfelons; and the benefit of clergy is taken away from all such felons, except accessories after the offence. 2 H. To cho 20 30 Eliz, cho 9.

The indictment must allege, that the taking was for lucre, for such are the words of the statute. 2. In order to shew this, it must appear that the woman has substance, either real or personal, or is an heir apparent. 3. It must appear that she was taken away against her will. 4. It must also appear that she was afterwards married, or defiled-and though pos sibly the marriage or defilement might be by her subsequent consent, being won thereunto by flatteries of the taker, yet this is felony if the first taking were against her will. And so, vice versa, if the woman be originally taken away with ker own consent, yet if she afterwards refuses to continue with the offender, and be forced against her will, she may from that time, as properly be said to be taken against her will as if she never had given any consent at all; for till the force was put upon her she was in her own power. 5. It is held that a woman thus taken away and married, may be sworn and give evidence against the offender, though he is her husband de facto, con trary to the general rule of law; because he is no husband de jure, in case the actual marriage was also against her will. In cases indeed where the actual marriage is good, by consent of the inveigled woman, obtained after her forcible abduction, Sir Matth. Hale seems to question how far her evidence should be allowed-but other authorities seem to agree, that it should even then be admitted; esteeming it absurd, that the offender should thus take advantage of his own wrong, and that the very act of marriage, which is a principle ingredient of his crime, should (by a forcible construction of law) be made use of to stop the mouth of the most material witness against him. If any person above the age of fourteen, unlawfully shall convey or take away, any woman child unmarried (which is

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