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Sec. 1. The judiciary power of this state, both as to matters of law and equity, shall be vested in one supreme court, in circuit courts, and in such other inferior courts as the general assembly may from time to time direct and establish.

be eligible to the office of clerk of the circuit court in any county, unless he shall first have obtained, from one or more of the judges of the supreme court, or from one or more of the presidents of the circuit courts, a certificate that he is qualified to execute the duties of the office of clerk of the circuit court: Provided, That nothing herein contained shall prevent the circuit courts, in each county, from ap." pointing a clerk pro tem. until a qualified clerk may be duly elected: And provided also, That the said clerks respectively, when qualified and elected, shall hold their offices seven years, and no lon ger, unless re-appointed.

Sec. 9. All clerks shall be removable by impeachment, as in other cases.

Sec. 2. The supreme court shall consist of three judges, any two of whom shall form a quorum, and Sec. 10. When any vacancies happen in any of the shall have appellate jurisdiction only, which shall courts, occasioned by the death, resignation or rebe co-extensive with the limits of the state, under moval from office, of any judge of the supreme or such restrictions and regulations, not repugnant to circuit courts, or of any the clerks of the said. this constitution, as may from time to time be pre-courts, a successor shall be appointed in the same scribed by law. Provided nothing in this article manner as herein before prescribed, who shall hold shall be so construed as to prevent the general as- his office for the period which his predecessor had sembly from giving the supreme court original juris- to serve, and no longer, unless re-appointed. diction in capital cases, and cases in chancery, Sec. 11. The style of all process shall be, "The where the president of the circuit court may be in-state of Indiana." All prosecutions shall be carterested or prejudiced. ried on in the name, and by the authority, of the state of Indiana; and all indictments shall conclude, against the peace and dignity of the same.

Sec. 3. The circuit courts shall each consist of a president, and two associate judges. The state shall be divided by law into three circuits, for each Sec. 12. A competent number of justices of of which a president shall be appointed, who, dur the peace shall be elected by the qualified electors ing his continuance in office, shall reside therein, in each township, in the several counties; and shall The president and associate judges, in their respec- continue in office five years, if they shall so long tive counties, shall have common law and chancery behave well; whose powers and duties shall, from jurisdiction, as also complete criminal jurisdiction, time to time, be regulated and defined by law. in alt such cases, and in such manner, as may be pre

ARTICLE VI.

scribed by law. The president alone, in the absence Sec. 1. In all elections, not otherwise provided of the associate judges, or the president and one of for by this constitution, every white male citizen the associate judges, in the absence of the other, of the United States, of the age of twenty-one years shall be competent to hold a court, as also the and upwards, who has resided in the state one year two associate judges, in the absence of the presi- immediately preceding such election, shall be en

the

dent, shall be competent to hold a court, except titled to vote, in the county where he reside ex. in capital cases, and cases in chancery: Provided, cept such as shall be enlisted in the army That nothing herein contained shall prevent the United States, or their allies. general assembly from increasing the number of the circuits, and presidents, as the exigencies of the state may from time to time require.

Sec. 2. All elections shall be by ballot: Provided, That the general assembly may, (if they deem it more expedient) at their session in eighteen hundred and twenty-one, change the mode, so as to vote viva voce; after which time it shall remain unalterable.

Sec. 4. The judges of the supreme court, the circuit and other inferior courts, shall hold their offices during the term of seven years, if they shall so long behave well, and shall, at stated times, reSec. 3. Electors shall, in all cases, except treaceive for their services, a compensation which shall son, felony, or breach of the peace, be free from not be diminished during their continuance in of-arrest, in going to, during their attendance at, and fice. in returning home from elections.

Sec. 5. The judges of the supreme court shall, by virtue of their offices, be conservators of the peace throughout the state, and also the presidents of the circuit courts in their respective circuits, and the associate judges in their respective counties.

Sec. 6. The supreme court shall hold its sessions at the seat of government, at such times as shall be prescribed by law: the circuit courts all be held in the respective counties as may be directed by law.

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Sec. 4. The general assembly shall have full pow er to exclude from electing or being elected, any person convicted of any infamous crine.

Sec. 5. Nothing in this article so construed as to prevent citizens of the United States, who were actual residents at the time of adopting this constitution, and who, by the existing laws of this territory, are entitled to vote, or persons who have been absent from home on a visit, or necessary business, from the previleges of electors,

ARTICLE VII.

Sec. 7. The judges of the supreme court shall be appointed by the governor, by and with the advice Sec. 1. The militis of the state of Indiana shall and consent of the senate. The presidents of the consist of all free, able bodied male persons, negroes circuit courts shall be appointed by joint ballot of mulattos and Indians excepted, resident in the said both branches of the general assembly; and the as-state, between the ages of eighteen and forty-five sociate judges of the circuit courts shall be elected years; except such persons as now are, or hereafter by the qualified electors in the respective counties. may be, exempted by the laws of the United States, Sec. 8. The supreme court shall appoint its own or of this state; and shall be armed, equiped and clerk, and the clerks of the circuit court, in the trained, as the general assembly may provide by several counties, shall be elected by the qualified law.

electors in the several counties; but no person shall

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Sec. 2. No person or persons conscientiously scrupulous of bearing arms, shall be compelled to do militia duty: Provided, such person or persons shall pay an equivalent for such exemption; which equivalent shall be collected annually, by a civil officer, and be hereafter fixed by law; and shall be equal, as near as may be, to the lowest fine assess ed on those privates in the militia, who may neglect or refuse to perform militia duty.

ARTICLE IX.

Sec. 1. Knowledge and learning, generally diffus. ed through a community, being essential to the preservation of a free government, and spreading the opportunities and advantages of education through the various parts of the country being highly conducive to this end, it shall be the duty of the general assembly, to provide, by law, for the improvement of such lauds as are, or bereafter Sec. 3. Captains and subalterns shall be elected may be, graated by the United States to this state by those persons in their respective company dis- for the use of schools, and to apply any funds which tricts, who are subject to perform militia duty; may be raised from such lands, or from any other and the captain of each company shall appoint the quarter, to the accomplishment of the grand object non-commissioned officers to said company. for which they are or may be intended: But no Sec. 4. Majors shall he elected by those per-lands granted for the use of schools or seminaries sons within the bounds of their respective battalion of learning shall be sold by authority of this state districts, subject to perform militia duty; and prior to the year eighteen hundred and twenty; and colonels shall be elected by those persons within the monies which may be raised out of the sate of the bounds of their respective regimental districts any such lands, or otherwise obtained for the pursubject to perform militia duty, poses aforesaid, shall be and remain a fund for the exclusive purpose of promoting the interest of lite rature and the sciences, and for the support of seminaries and the public schools. The general assemby shall, from time to time, pass such laws as shati be calculated to encourage intellectual, scientifical and agricultural improvement; by al lowing rewards and immunities for the promotion and improvement of rts, sciences, commerce, ma nufactures, and natural history; and to countenance and encourage the principles of humanity, industry and morality.

Sec. 5. Brigadier generals shall be elected by the commissioned officers within the bounds of their respective brigades; and major-generals shall be elected by the commissioned officers within the bounds of their respective divisions.

Sec. 6. Troops and squadrons of cavalry, and companies of artillery, riflemen, grenadiers, or light infantry, may be formed, in the said state, in such manner as shall be prescribed by law: Provided however, that every troop or squadron of cavalry, company of artillery, riflemen, grenadiers, or light infantry, which may hereafter be formed within the said state, shall elect their own officers.

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Sec. 7. The governor shall appoint the adjutantgeneral, and quarter-master-generals, as also his aids-de-camp.

Sec. 2. It shall be the duty of the general assem bly, as soon as circumstances will permit, 40 provide, by law, for a general system of education, ascending in a regular gradation from township schools to a state university, wherein tuition shall

Sec. 8. Major generals shall appoint their aids.be gratis, and equally open to all. de-camp, and all other division staff officers; brigadier-generals shall appoint their brigade-majors, and all other brigade staff officers; and colonels shall appoint their regimental staff officers.

Sec. 9. All militia officers shall be commissioned by the governor, and shall hold their commissions during good behaviour, or until they shall arrive at the age of sixty years.

Sec. 10. The general assembly shall, by law, fix the method of dividing the militia of the said state into divisions, brigades, regiments, battalions and companies, and shall also fix the rank of all staff officers

ARTICLE VIII.

Sec. 3. And for the promotion of such salutary end, the money which shall be paid as an equivalent, by persons exempt from militia duty, except in times of war, shall be exclusively, and in equal {proportions, applied to the support of county se minaries; also all fines assessed for any breach of the penal laws shall be applied to said seminaries, in the counties wherein they shall be assessed.

Sec. 4. I shall be the duty of the general as sembly, as soon as circumstances will permit, to form a penal code, founded on the principles of reformation, and not of vindictive justice: And also to provide one or more farms, to be an asylum for those persons who, by reason of age, infirmity, or other misfortunes, may have a claim upon the aid and beneficence of society, on such principles, that such persons may therein find employment, and every reasonable comfort, and lose, by their useful ness, the degrading sense of dependence.

Sec. 5. The general assembly, at the time they lay off a new county, shall cause at least ten per cent. to be reserved out of the proceeds of the sale of town lots, in the seat of justice of such county, for the use of a public library for such county, and, at the same session, they shall incorporate a library company, under such rules and regulations as will best secure its permanence, and extend its benefits.

Every twelfth year, after this constitution shall have taken effect, at the general election held for governor, there shall be a poll opened, in which the qualified electors of the state shall express, by vote, whether they are in favor of calling a conven tion or not; and if there should be a majority of all the votes given at such election, in favor of a convention, the governor shall inform the next general assembly thereof, whose duty it shall be to provide, by law, for the election of the members to the convention, the number thereof, and the time and place of their meeting; which law shall not be passed unless agreed to by a majority of all the members elected to both branches of the general assembly; and which convention, when met, shall have it in their power to revise, amend, or Sec. 1. There shall not be established or incor. change the constitution. But, as the holding any porated, in this state, any bank or banking company, part of the human creation in slavery, or involuntary or monied institution, for the purpose of issuing servitude, can only originate in usurpation and bills of credit, or bills payable to order or bearer: tyramy, no alteration of this constitution shall ever Provided, That nothing herein contained shall be take place so as to introduce slavery or involuntary so construed as to prevent the general assembly servitude in this state, otherwise than for the punish-from establishing a state bank, and branches, not ment of crimes, whereof the party shall have been exceeding one branch for any three counties, to be duly convicted. established at such place, within such counties, as

ARTICLE X.

Sec. 12. The general assembly, when they lay off any new county, shall not reduce the old county, or counties, from which the same shall be taken, to a less content than four hundred square miles.

Sec. 13. No person shall hold more than one lucrative office at the same time, except as in this constitution expressly permitted.

the directors of the state bank may select; provided there be subscribed, and paid, in specie, on the part of individuals, a sum equal to thirty thousand dollars: Provided al o, That the bank at Vincennes, and the Farmers' and Mechanics' bank of Indiana, at Madison, shall be considered as incorporated banks, according to the true teror of the charters granted to said banks by the legislature of the In- Sec. 14. No person shall be appointed as a coundiana territory: Provided, That nothing herein ty officer, within any county, who shall not have contained shall be so construed as to prevent the been a citizen and an inhabitant therein one year general assembly from adopting either of the afore- next preceding his appointment, if the county shall said banks as the state bank: And in case either have been so long erected; but if the county shall of them shall be adopted as the state bank, the other not have been so long erected, then within the limay become a branch, under the rules and regula-mits of the county or counties out of which it shall tions herein before p.escribed. have been taken.

ARTICLE X1.

Sec. 15. All town and township officers shall be Sec. 1. Every person who shall be chosen or ap.appointed in such manner as shall be directed by pointed to any office of trust or profit, under the law.

Sec. 2. Treason against this state shall consist only in levying war against it, in adhering to its enemies, or giving them aid and comfort.

authority of this state, shall before entering on the Sec. 16. The following officers of government duties of said office, take an oath, or affirmation, shall not be allowed greater annual salaries, until before any person lawfully authorised to adminis-the year eighteen hundred and nineteen, than as ter oaths, to support the constitution of the United follows-the governor, one thousand dollars; the States, and the constitution of this state, and also secretary of state, four hundred dollars; the auditor an oath of office. of public accounts, four hundred dollars; the trea surer, four hundred dollars; the judges of the su preme court, eight hundred dollars each; the presi dents of the circuit courts, eight hundred dollars each; and the members of the general assembly, not exceeding two dollars per day each, during their attendance on the same; and two dollars for every twenty-five miles they shall severally travel, on the most usual route in going to, and returning from the general assembly; after which time, their pay shall be regulated by law. But no law, passed to increase the pay of the members of the general assembly, shall take effect untill after the close of the session at which such law shall have been passed.

Sec. 3. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or his own confession in open court. Sec. 4. The manner of administering an oath of affirmation shall be such as is most consistent with the conscience of the deponent, and shall be esteem ed the most solemn appeal to God.

Sec. 5. Every person shall be disqualified from serving as governor, lieutenant governor, senator, or representative, for the term for which he shall have been elected, who shall have been convicted of having given or offered any bribe, treat, or reward, to procure his election.

Sec. 17. In order that the boundaries of the state of Indiana may more clearly be known and estab, Sec. 6. All officers shall reside within the state; lished, it is hereby ordained and declared, that the and all district, county, or town officers, within following shall be, and forever remain, the bountheir respective district, counties, or towns, (the daries of the said state, to wit: bounded on the trustees of the town of Clarksville excepted) and east, by the meridian line which forms the western shall keep their respective offices at such places boundary of the state of Ohio; on the south, by the therein as may be directed by law; and all military Ohio river, from the mouth of the Great Mismį officers shall reside within the bounds of their di-river to the mouth of the river Wabash; on the vision, brigade, regiment, battalion or company, to west, by a line drawn along the middle of the Wa which they may severally belong. bash river, from its mouth, to a point, where a due

Sec. 7. There shall be neither slavery or invo-north line drawn from the town of Vincennes would Juntary servitude in this state, otherwise than for last touch the northwestern shore of the said Wathe punishment of crimes, whereof the party shall bash river; and from thence, by a due north line have been duly convicted. Nor shall any indenture until the same shall intersect an east and west line of any negro or mulatto hereafter made and execu- drawn through a point ten miles north of the south. ted out of the bounds of this state, be of any validi-ern extreme of lake Michigan; on the north, by the ty within the state.

Sec. 8. No act of the general assembly shall be in force until it shall have been published in print, unless in cases of emergency.

Sec. 9, All commissions shall be in the name, and by the authority of the state of Indiana, and sealed with the state seal, and signed by the governor, and attested by the secretary of state,

Sec. 10. There shall be elected in each county, a recorder, who shall hold his office during the term of seven years, if he shall so long behave well: Previded, That nothing herein contained shall prevent the clerks of the circuit courts from holding the office of recorder.

Sec. 11. Corydon, in Harrison county, shall be the seat of government of the state of Indiana, until the year eighteen hundred and twenty-five, and until removed by law.

said east and west line, until the same shall intersect the first mentioned meridian line, which forms the western boundary of the state of Ohio.

ARTICLE XII.

Sec. 1. That no evils or inconvenience may arise from the change of a territorial government to permanent state government, it is declared by this constitution, that all rights, suits, actions, prosecutions, recognizances, contracts, and claims, both as it respects individuals and bodies corporate, shall continue as if no change had taken place in this government.

Sec. 2. All fines, penalties, and forfeitures, due, and owing to the territory of Indiana, or any coun ty therein, shall isure to the use of the state or concty. All bonds executed to the governor, or any other officer, in his official capacity in the territory, shall pass over to the governor, or other officers of the state or county, and their successors

sentative.

Sec. 10. All books, records, documents, warrants,

in office, for the use of the state or county, or by and Perry, one senator, and each of the aforesaid him or them to be respectively assigned over to counties of Posey, Warrick, and Perry, one reprethe use of those concerned, as the case may be. Sec. 3. The governor, secretary, and judges, and all other officers, both civil and military, under and papers, appertaining and belonging to the the territorial government, shall continue in the exercise of the duties of their respective departments, until the said officers are superseded under the authority of this constitution.

Sec. 4. All laws and parts of laws now in force in this territory, not inconsistent with this constitution, shall continue and remain in full force and effect until they expire, or be repealed.

Sec. 5. The governor shall use his private seal until a state seal be procured.

office of the territorial treasurer of the Indiana territory, and all monies therein, and all papers and documents in the office of the secretary of said territory, shall be disposed of as the general asseinbly of this state may direct.

Sec. 11. All suits, actions, pleas, plaints, prosecutions, and causes whatsoever, and all records, books, papers and documents, now in the general court, may be transferred to the supreme court established by this constitution: And all canses, suits, Sec. 6. The governor, secretary of state, auditor actions, pleas, plaints, and prosecutions whatsoever, of public accounts, and treasurer, shall severall now existing or pending in the circuit courts of reside and keep all the public records, books and this territory, or which may be therein at the change papers, in any manner relating to their respective of government, and all records, books, papers and offices, at the seat of government: Provided, not documents, relating to the said suits, or filed in the withstanding, That nothing herein contained shall said courts, may be transferred over to the circuit. be so construed as to affect the residence of the courts established by this constitution, under such governor for the space of six months, and until rules and regulations as the general assembly may buildings, suitable for his accomodation, shall be direct procured at the expense of the state.

Done in convention at Corydon, on the twenty-ninth day of June, in the year of our Lord eighteen hundred and sixteen, and of the Independence of the United States, the fortieth.

In witness whereof we have hereunto subscribed our names.

Sec. 7. All suits, pleas, plaints, and other proceedings now depending in any court of record, or justices courts, shall be prosecuted to final judg ment and execution, and all appeals, writs of error, certiorari, injunction, or other proceedings whatever, shall progress, and be carried on, in the re, spective court or courts, in the same manner as is now provided by law, and all proceedings had therein, in as full and complete a manner as if this con. stitution were not adopted. And appeals and writs of error, may be taken from the circuit court, and Thomas Carr, general court, now established in the Indiana ter-John K. Graham, ritory, to the supreme court in such manner as James Lemon, shall be provided for by law. James Scott,

JONATHAN JENNINGS,
President of the Convention,

and Delegate from the county of Clark.
Jefferson County.

Clark County.

Sec. 8. The president of this convention shall Dearborn County, issue writs of election, directed to the several she-James Dill, riffs of the several counties, requiring them to Ezra Ferris, cause an election to be held for governor, lieuten. Solomon Manwaring, ant-governor, representative to the congress of the Franklin County. United States, members of the general assembly, James Brownlee, sheriffs, and coroners, at the respective election William H. Eads, districts in each county, on the first Monday in Au- Robert Hanna, gust next: Which election shall be conducted in Enoch McCarty, the manner prescribed by the existing election laws James Noble, of the Indiana territory; and the said governor, lieutenant-governor, members of the general as Alexander Devin, sembly, sheriffs, and coroners, then duly elected, Fred. Rapp, shall continue to exercise the duties of their res-David Robb, pective offices for the time prescribed by this con- James Smith, stitution, and until their successor or successors are qualified, and no longer.

Gibson County.

Nathl. Hunt,

David H. Maxwell,

Samuel Smock,

Knox County.

John Badollet.
John Benefiel,
Jno. Johnson,
Wm. Polke,

B. Parke,

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Harrison County.
John Boone,

Samuel Milroy,

Robert McIntire,

Wayne County.

Patrick Baird,

Jeremiah Cox,

Hugh Cull,

Josephi Holman,

WILLIAM HENDRICKS, secretary.

ORDINANCE.

Sec. 9. Until the first enumeration shall be made, Davis Floyd, as directed by this constitution, the county of Daniel C. Lane, Wayne shall be entitled to one senator, and three Dennis Pennington, representatives; the county of Franklin, one sena- Patrick Shields, tor, and three representatives; the county of Dearborn, one senator, and two representatives; the Attest, county of Switzerland, one representative; and the county of Jefferson and Switzerland, one senator, and the county of Jefferson, two representatives; the county of Clark, one senator, and three repre- Be it ordained by the representatives of the people sentatives; the county of Harrison, one senator, and of the territory of Indianu, in convention met at Cory three representatives; the counties of Washington, don, on Monday, the tenth day of June, in the year of Orange, and Jackson, one senator, and the county our Lord eighteen hundred and sixteen, That we do of Washington, two representatives; the counties of for ourselves and our posterity, agree, determine, Orange and Jackson, one representative each; the declare, and ordain, that we will, and do hereby, county of Knox, one senator, and three represen-accept the propositions of the Congress of the tatives; the county of Gibson, one senator, and two United States, as made and contained in their act representatives; the counties of Posey, Warrick, of the nineteenth day of April, eighteen hundred

and sixteen, entitled, "an act to enable the people (by his valor and conduct, in capturing, at the same "of the Indiana territory to form a state govern-time, the British ships of war Cyane and Levant, "ment and constitution, and for the admission of and it is the desire of this commonwealth to evince "such state into the Union, on an equal footing with the grateful sense entertained of his services, and. present to him some suitable token of its approba. "the original states."

1

REES HILL, Speaker of the

And we do, further for ourselves and our poste tionBe it resolved, by the senate and house of re rity, hereby ratify, confirm, and establish the boundaries of the said state of Indiana as fixed, pre-presentatives of the commonwealth of Pennsylvania, scribed, laid down, and established, in the act of that the governor be, and he is hereby requested Congress aforesaid; and we do also further for our to present the thanks of this commonwealth, to selves and our posterity, hereby agree, determine, captain Charles Stewart, for his distinguished gal. declare, and ordain, that each and every tract of lantry and skill, in the engagement between the land sold by the United States, lying withm the United States frigate Constitution and the ships of said state, and which shall be sold fron and after war Cyane and Levant, and likewise procure for and the first day of December next, shall be and remain present to him, in the name of the commonwealth, exempt from any tax laid by order or under any an appropriate sword. authority of the said state of Indiana, or by or under the authority of the general assembly thereof, whether for state, county, or township, or any other purpose whatever, for the term of five years from and after the day of sale of any such tract of land; eight hundred and sixteen. and we do moreover for ourselves and our poste. rity, hereby declare and ordain, that this ordinance, and every part thereof, shall forever be and remain irrevocable and inviolate, without the consent of the United States, in Congress assembled, first had and obtained for the alteration thereof, or any part thereof be NA JONATHAN JENNINGS, President of the Convention.

June 29th, 1816-Attest, WILLIAM HENDRICKS, Secretary.

Honor to the Brave.

house of representatives. JOHN Tond, speaker of the senate. Approved the fifth day of March, one thousand SIMON SNYDER. SECRETARY'S OFFICE. Harrisburgh, Aug. 5, 1817.

I certify, the within resolution to be a correct co py of the original, now remaining on the files of this office. Witness my hand and seal, the day and year above mentioned. N. B. BOILEAU, Sec'y.

(Seal.)

Harrisburgh, 2d Aug. 1817.`.

To capt Charles Stewart, SIR-I have the honor to present to you (as you will perceive, by the enclosed legislative resolve,) Philadelphia Sept. 23.-Yesterday having been the grateful thanks voted by the representatives of designated for the purpose of presenting to capt. of your fellow citizens, for your brave conduct in Stewart, the sword voted to him by the legislature the capture during the late war, with an inferior of the state, arrangements were accordingly made force, under your command, of the British ships of on board the Franklin 74, lying off Chester. About war Cyane and Levant. As still more expressive 2 o'clock, gen. Duncan, accompanied by his aids, of patriotic feeling, I present also as directed, in majors Foering and Otto, were received on board the name of the people of Pennsylvania, through my of the Franklin with suitable honors. The members aid, general William Duncan, a sword, which you of the state legislature from the city, commodore are asked to accept, in token of their full approbaMurray, captain W. Jones, gen Worrell, and a num- tion-and I add as commemorative likewise of that ber of respectable civil characters were assembled bravery, gallantry and skill, which has humbled a on the quarter deck, when gen. Duncan addressed haughty and heretofore unconquered foe. capt Stewart in the following words:

Captain Charles Stewart,

Sir-Honored by his excellency gov. Snyder with the presentation to you of a sword, and other testimonials of the grateful sense entertained of your services, permit me to read the documents which I hold in my hand, in presence of this respectable anditory.

Harrisburgh, Aug. 6, 1817.

I shall feel myself honoured, if along with the general applause of our fellow citizens, you will accept assurances of high consideration, from

SIMON SNYDER.

After reading these documents gen. Duncan ia presenting the sword, addressed capt. Stewart in the following terms: Capt. Charles Stewart,

SIR-Pursuant to a resolution of the legislature Sir-I am directed by the governor to inclose to of the commonwealth of Pennsylvania, and in obeyou a copy of a resolution passed by the legis-dience to the commands of his excellency governor lature, directing him to procure and present a Snyder, I have the honor to present this sword, sword to captain Charles Stewart-which copy, with the accompanying documents, as testimonials together with the inclosed letter, you will take the of the grateful sense entertained of your highly meearliest opportunity of presenting to captain Stew-ritorious services during the late war. art, at the same time you present the sword, as Whilst I duly appreciate the distinguished honor conferred on me, on this pleasing occasion, I beg the govers or requests you will do, The sword is in the hands of Mr. Liberty Browne, leave respectfully to mingle with the government on whom you will please to call for it On show-and the united voice of a grateful, free, and enlightigorrading to him the contents of this letter, ened people, the assurances of my high considera. he wat, I presume, make no difficulty in delivering tion and esteem.

y respectfully, sir, your obedient ser’vt.
N. B. BOILEAU, sec'y.

ancan.
Pas, captain Charles Stewart, a native of
Pentissantes commander of the United States fri-
* Constitution, has highly distinguished himself

To which capt: Stewart made the subjoined reply: SIR-I except with the highest sense of respect and gratitude the distinguished honor conferred on me this day, by the-constituted authorities of my native state, and consider it as a new pledge of our beloved country, that I shall ever be ambitious ag desérve so signal a mark of her favor.

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