The miners' journal, and Pottsville general advertiser. (Pottsville, Pa.) 1837-1869, April 11, 1838, Image 4

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i
CONSTrrt`ritON
MEI]
COMMONWEALTH Oril" NSYLVANIA,
Al Aanatarso tv oortmino , or owz THOMAND
our ireNDILF.D APIR THLITY-WEVI2II—
WE, The People bf the C4nnionwia . Ith of Penn
sylvania/ordain and establish this Cottetiteibm for
its Government. . ,! • '
IMBED
Section T. The legislative Posiir of this COmmon
wealth shall be vested irrilla Genhral Assembly,
which shall consist of a Senate : ai d ßouse a Repre-
Sentatives.
Section IL The representativ es shall be chosen
Manually by the citizens of the itity of Philadelphia
and of each county respectively on the second Tiles.:
day.of Ortober.
Section 111. Nol.person shall tie a representative
who shall not have attained Ithe age of twenty-one
years, and bare been a citizen said Inhabitant of the
State thspe years next p*eriing his election, and the
last year, tlrereoC an inhabitant of the district in and
for which be shall be chosen 4 rOresentitire, unless
be shell have-been absent on the:public business of
the United States or of this Staid:
, Section IV. Within. three years after the first
meeting of the General Asseinbly, and within every
subsequent term of seven yearaf . an enumeration of
the taxable inhabitants shall be made in such man
ner as shall he directed by. ling; The number of
representatives shall, at the Several'periods of mak
ing such enumeration, be fined by the Legislature,
and apportioned among the city of Philadelphia and
the several counties, according ?to the number of
taxable inhabitants in each: uneshall never be less
than sixty nor greater .than one hundred. Each
county ahallhave at least (NIP representative, but no
county hereafter erected shill beientitled to a sepa-.
rate representation until a'slifficlenCnumbe, r of tax
able inhabitants shall be Contained within it, to
entitle them to one representaqe agreeably to the
ratio which shall then be est:11104
Section V. The senators shall.hosenlor three
years by the citizens of Philatlelphia and of the
several counties at the same time, in the sante man
ner, and at the same place! whpre they shall -vote
for representatives.
Section VI. The number of Senators shall, at the
several, periods of making the enumeration -before
mentioned, be fixed by the iLegisbturre and appor
tioned among the districts , formed as hereinafter
directed, according to the ntimbet of taxable inhabi
tants in each; and shall neverthe less than one
fourth, nor greater than onerihirli, of the number of
representatives. •
Section VII. The senators shall be chosen in di--
-tricts, to be formed by the legislature ' • but no dis
trict than be so formed as 'lo entitle it to elect more
than'two senators, unless the nuinbcr of taxable in
habitants in any city or county. droll, at any time,
be such as to entitle iP to elect mere :ban ttco, but no
city or county shot! be entitled . to elect more than
four senators; when a district .stirill be composed
of two or more counties, they Shall be adjoining ;
neither the city of Philadelphia nor any county shall
be divided in forming a district.
Section VIII. No person rshal be a senator, who
shall not have attained the Eige 0 twenty-five years,
and have been a citizen and inh abitant of -the State'
four years next before hie electitin, and the last year
thereof an inhabitant of t district for which he
shall be chosen, unrest be s ha ll gave been absent an •
the public business of the initOrl States or 0 f this
State; and no person elected as tifarysaid, shall hold
saf.d (fire after he shall hays rereneed from our_ & dis
trict. q
Section IX. The senators ichi may be elected at
Lie first general election after the culopilim of jhe
amendments to the constitution,ihall be dltided by
'" '
' PirISOR-81
the first year I, of the second clan at the etpirat ion
of tAlp second year f and of the gird chess at the ex
piration of the third year- t so that dhereafter one..
third elf the whole number GI sendtdrs maybe chosen
every year..
,The senators ejected before the amend.
meats to the constitution shall Int adopted, #hall hold
their' offices during the terms for 'MICA 'they shall
respectively have been elertetiA. 4
• Section X. The General Assertibly shall meet on
theArst Tuesday of January, in:l-every year, unless
sooner Convened by the GoVernos.
Section XI. Each houe; shall thr ,, ,Re Speaker
:and other officers . ; and the Senate 01 , 1t - a!Sg, choose
a Speaker pro tempore, when th 4 Speeker shall ex
ercise the office of Gtoternor.
Section XII. Each house'shallijude.e. of the quali
fications of its members. 0011., atL LI election. shall
be determined by a committee Lu he selectee', foimed
and regulated in such manner .414h:1116e directed by
majority of each 4019 . ; sh ill constitute a
quorum to do business; but a wnaller number may
adjourn from day to day, mid mly be authorized by
law to compel the attendance .if absent members, in
such manner and under such penalties as may be
provided.
.;
Section XIII. Each house May determine .the
rules of , its proceedings, pon,lr its members for
disorderly behaviour, and with (he concurrence of
two-thirds, expel a member, but knot a second time
'for the same cause; and shall 'llafe all other powers
necessary for a branch of the lltgislature of a flee
State.
.
Seetibn XIV. The legislature shall not have power
to enact laws annulling theroatkart of marriage in
any case where, by law, the courts of this Common_
'wealth are or may hereafter be etnpowered to decree
a divorce.
Section' XV*. Each housekeep a journal of
its proceedings, and publish them weekly, except
such 'parts as may require seert•ey: and the yeas
and nays of the metnhers on at question shall, at
the .desire of any two of them, I.be entered on the
journals.
Section XVI. The (doors, of e,itch house and of
committees of the whole •shilk be open, unless,
when the business shall be Such its ought to be kept
secret
Section XVII. Neither hhnse ;Shall, without the
consent of the other, adjourn (u mare than three
days, nor to any other place thail that in which the
two houses shalt he sitting.
Election XVIII. The Senators and representatives
shall reedive a compensation for iheir services to be
- ascertained by law, and paid oudof the treasury of
the. Commonwealth. Theyishalli in all
.cases, ex
cept treason, felony and breach or surety of the
peace, be privileged fionlarre.4 during their at
tendance the session of their i respective houses,
and In going to and returning from the same. And
for any speech or debate in - , eithot house, they shall
not be questioned in any other phme.
Section XIX. rio Senatud or rstpresentative shut},
- during the lime fir which hie .h ail have been elect
ed, be appointed to any civil offieg under this Com
monwealth which shall hrvc bden created, or the
emoluments of which shall hate been increased
durinr such time: and no - . menrer of Cqn4ress or
other person bolding any (Ace ( xcept of attorney
. at law and in the' militia) under{ the Unued States
nr this Coutmohwealtli, shall be aj member n; either
. house during Ins cmitinuince ip Congress' or in
office.
Section XX. When vacanc•iell happen In either
house, the Speaker shall issue ‘ifitty of clectiotr to
fill such vacancies.
.•
Section XXI. All bills for revenue shall
originate in the house of repreeenteive.,. hut the
Senate may propose amendmentsias in other bills.
• Section XXII. No money shill he drahm (rim
the treasury but in consequence of appromiations
made by law.
Section XXtlf. Every bill which shrill have
passed both houses shall be prbsented tb the Go
vemor. If he approve he shall sign it, Out if be
shall not approve he shall rettiM it with his objec
tions to the house in which it shell have otiginated,
who shall enter the objections 4 large upon their
journals and proceed to re -consider it. If, after
such tc-consideration, two-thivdinf that bans.t shat
-agree to pass the bill, it AA sent set t. the ob
Refined Wha
REFINED -whale oil. fo tietres and &him. thr
silo by MILLER & 111AGGER TY.
Nov l 8 . • • 54-3 mo
jections to the othei house, by which nods* it
shall be ,_ne-s:,solisidered, and Al .atilmvedtrfo two-:
thirds of that house, it .But
inch -
cases the.votels of both hotitrallihe detemalna:
by yeas and days, and the rut of penstoi voting
kir or against the bin shall be entered eitthe jimr
nals of each house respectively. S bail shall
not be returned by the Governor wit h ten days
(Sundays excepted) after it Shall have been pre
sented to him, it shall be • law-in like manner as if
he had signed it, unless, the General Assembly, by
their adjournment, prevent, iti return, in which case
it shall be a law, unless sent back within three
days` after their next : meeting::
Section XXIV. Every order, resolution or vote
to which the concurrence of both houses may be
necessary (except on a question of adjournment)
shall be presented to the Governor, and before it .
shall take effect, be approved by him or being dis
approved, shall bd repassed by two-thirds of both
houses according to the rules and limitations pre
scribed in case of a bill.
lection XXV. No corporate body shall be hereafter
created, renewed or extended, with banking or dis
counting privileges, without six months precious
public notice of the intended application for the
same in such manner as shall ;be prescribed by law.
Nor shall any charter for the purpasei aforesaid, be
granted for a longer period than twenty years, awl
every such charter shall contain a clause reserving
to the legislature the power to Utter, revoke or annul
the same wheneverfin their opinion it may be inju
rious to the citizens of the commonwealth, in such
'manner however that no injustice shall be done to the
corporators. No law hereaftel enacted, shall create,
renew or extend the charter cfi morelhon one corpo
ration.
• ARTICLE 1
Section I. The Supreme Executive power of this
Commonwealth shall be vested in a Governor.
Section IL The Governor shall be chosen on the
second Tuesday of October, by the citizens of ,the
Commonwealth, at the placed where they shall ray:
spectively vote for representatives. The returns
of every elettion for Governer shall be sealed up
and transmitted to the seat of , government, directed
to the Speaker of the Senate, who shall open and'
pliblish them in the presence of the members of
both houses of the legtslatini„ The person hafting .
the highest number of vote} shall be Governor.
But if two or more shall be 'equal and highest in
votes, one of them shall be chesen Governor by the
joint vote of the members of both houses. Con
tested electioris shall be . determined by a Committee
to be selected front both houses of the legislature,
and formed and regolated e in such manner as shall
be directed by law.
Section 111. The Governor shall hold his office
during three years from the third Tuesday of Janu
ary next ensuing his election, and shall not be
capable of holing it longer than sir in any term
of nine years.
Section IV. He shall he at least thirty sears of
age, and have been a ci•izen and an inhabitant of
this State seven years next before his election ;
unless he shall have been absent on the public
business of the niitect S , tates or of this State.
Section V. No menthe! of font Tess or person
holdlng any office under the United States or this
State shall exercise the office of Governor.
Si‘ction 'rhe Governor !Ahall at stated times
receive for his services a compensation, which jhall
be neither increased nor diminished' dining' the
period for which he Milli have been elected.
Section VII. He shill be commande - On-ehief of
the army and nar3 of this Commmirrealth,and of
the militia, exrept when they shall be. called into
the actual service of the United States.
Sectioff - VIII. He shall nppointa Secretory of the
Commonweal h during pleasure, and he shall nomi
nate and by and with the advice and consent qf the
Senate appoint al/ judicial officers of courts qf
record, unless ofherwise provided for in this Consti
tution. He shall hare power to fill all vacancies
that may hisppen in such judicial offices during the
recess of the Senate, by g•ranting commissions which
shall expire at the end of their next session : Pro
vided, that in acting an &creative nominations the
Senate shall sit with open doms, and in confirming
vote shall be (aken by yens and ii.rys.
Section IX: He shall have power to remit ones
and forfeitures, and grant rdprieves and pardons,
except in trios of impeachment.
Section X. He may require information irrvrriting,
from the officers in the executive -department upon
any subject,reltiting to the duties of their respect:
Live offices.
Section XI. lie shall, from time to time, give to
the General Assembly infoiniation of the state of
the Commonweal' h, and recoinm.nd to their con
sideration such measures as he shall judge expedient.
Section \II. lie may, on eX raordulary 'occasions,
convene the General Assembly ; and in case of
disagreement between the two houses, with respect
to the time of adjournment, adjourn them to such
time as fie shall think proper, not exceeding four
months. ,
Section XIII. He shall take care that the laws
be faithfully executed.
• Section XIV. In case of the death or residnation
of the Governor, or of his removal from office, the
Speaker of the Senate shall exercise the office of
Governor, until . another GoVerner shall be duly
qualified ; but in such case another Governor shal.
be chosen at the next annual election of representa
tives, unless such death, resignation or removal,
shall occur within three calendar months immedi
ately preceding such next annual election, in which
.case a Governor shall be rhaien at the second suc
ceeding annual election of representatives. And
if
. the trial of a contested election shall cvntinutt
longer than until the third Monday of January
next ensuing the election of Governor, the Governor
of the -last year or the Speaker of the Senate who
may be in the exercise of the executive authority,
shall continue therein until the determination of
such contested election, and until a Governor shall
be duly qualified as aforesaid.
Section, XV. The Secretary of the rnnnrrenllk
shall keep a fair register of all the official acts and
proceedings of ;he Governor '
and shall, when re
quired, lay the same and allpapers, minutes. and
vouchers relative thereto, before either branch of
the legislature, and shall tperfdrm such other duties
as shall be enjoined him by law.
ARTICLE 111
Section k In elections by the' citizens every white
. freeman of the age of twenty-one years, haring re
sided in this state one year, and in the election dis
trict where he offers to vote, ten days immediately
preceding ruck election, and within two years paid
a State or County his, which shall have been as-.
tested at least ten days.before the election, shall enjoy
the rights of an elector. But a citizen of the United
States who had previously been a qualified voter of
this State, and removed therefrom and returned, and
who shall hare resided in the election district, and
paid taxes as aforesaid, shall be entitled to vote, after
residing in the stale she months. Provided, that white
freemen, citizens of the United States, between the
ages cf twenty-one and twenty-two years, and hav
ing resided in the State one year, and in the election
district ten days as aforesaid, shall be entitled to
, rote,..although they shalt not have paid lazes.
-Section 11. All elections shall be •by ballot, ex
cept those by persons in their representative capa
cities, who shall vote viva voce.
Section 111. }.lectors shall rin all cases, except
treason, felony, and breach Or surety of the peace,
be privileged from,arrest, during their attendance
on elections, and MA going to and returning from
ARTICLE !V
Section I. The House of Representatives shall
have the sole power of impeaching.
Section 11. All impeachments shall be tried by
the Senate; When sitting for that purpose, the
Senators shall be upon oath oruffirmation. Nu per
son shall be convicted without the concurrence of
two-thirds of the members present.
Section 111. The Governor, and all other civil
officers under this Commonwealth, shall be liable to
Impeachment for any misdeineanour in office t but
judgment, In such cases, shall not extend further
than to remoral from office, and idhigualification to
hold any office of honour, ttust or' profit, ueler this
Commonwealth: The party, • Nether convicted or
OLD PINE APPLE CH EESE.-4.lixst received
and f,r gale a few boxes of very superior old
Pine Apple Cheeve.
HAZZARD & STP AUCH
inn 20
THE
,
se v atteaoitim titimthe...', :!), .' 4. rco l . ..- :. V
triniiiWilligar -• ' ' . i'- , rWag to lur -7.
• t„. L T h e me ~ .1 . •
1
ge l
... of rbie,Counneo-.
:wealth shell Ost l vestal " nynatecgiurt, in
Courts of Oyer and Terrain ~. General Jail tre.
lively, Ili a Corat'orConi... . • - ,Orylasne Mat,
'Register's Court, and a ' *. . of Qmi*r . Sestlitons
of the Puce, for; each . . CO; in .It-- of-the
Peace, and in such other s. i Lg u the legislature
may from time tortime esta Ill", ! -
Section 11. The judges.; the ,5,,,,, K 0ne,e
the several Counts of C. • 4 Pleas, and if such
other Courts of Record as . e shall be established
law, shall be nominated Governor, and-by
and with the consent. ift ' • e appointed and
commissional by him. Th j •. - qf the Supremo
Court shall hold their clic the term of fifteen
years if they shall so long • es ;fringe:vet well.
The president judges of the: al Courts ql"Coranton
Pleas and of such o th er Co of Record as are or
shall be established by /ate, . all other fudges re
quired to be learned in the I shall hold their offices
far the term of ten years if shall so tong behave
themselves well. The el ,•• • judges of the Courts
of Common Pleas shall hold liqir o ffi ces for the term
of five years if they shall it l g behave themerhu
well. But for any r • cause which shall not
be sufficient ground o f is brain!, the Governor
eii
may remove any of them on address of Iwo-thirds
of each branch qrthe legistatu The pairs of the
Supreme Court and the j i 'dents of the several
Courts of Common Pleas sh I slated times receive
t
/
for their services an adeq compensation to be
fired by law, which sha ll h diminished 'during
their continuance in offiee, they shall receive no
fees or perquisites of office, hold any other o ffi ce
of profit under this Comnuatto th.
Section 111. Until otherwisS directed by law, the
Courts qj Common Pleas Anil continue as at preitipt
established. Not more than fit e counties shall at any
time be' included in one judicial district organized
for said Courts.
Section IV. The jurisdic on of the Supreme
Court shall extend over the tate r and the judges
thereof, shall by virtue of th it offices, be jmucm.
of Oyer and Terminet and General Jail pelivery, in
the several counties. I .
Section V. The judges 9f be Court of Caismon
I
Pleas, in each county, sirs by virtue of their
offices, be justices of Oyer an Terminer and Gene
ral Jail Delivery, for the hist of capital and other
offenders therein ; any two the said judges, the
president being one, shall a quorum i but they
shall not hold a court - of oye and tenniner; or jail
delivery, in any county, when the judges of the
Supreme Court, or any of them, shall he sitting in
the same county. The party accused, as well as
the Commonwealth, may, under such regulations as
shall be prescribed by law, rpmuve the indictment
and proceedings, or a trans.:ldpi thereof, into the
supreme Court.
Section VI. The Supreme Court, and the several
courts of common pleas, shalli, beside the powers
heretofore usually eiteicised by them, have the
power of a court of Chaneettv, so far as relates to
the perpetuating of testim w, the obtaining of
evidence front places not w
thin the State, and the
care of the persons and es tes-of those who are .
non compotes mends. Andy the legislature 'hall
vest in the said courts such Other powers to grant
relief in iquity, as shall be Mound necessary: and
may, from time. to time, enlarge or ditninish those
powers or vest them in such other courts as they shall
judge proper, for the due sdniinistration of justice.
Section VII. The judges ea' the court of common
pleas of each county, any tsVo of whom shall be a
quorum, shall compose th e !court of QuarterSes
mons of the peace, and orph9ns' court thereof; and
the register of wilt', together with the said judges,
or any two of them, shall Compose Ott register's
court of each county. i
Section VIII. The judges df the courts of common
pleas shall, within their respective counties 4 have
the iffit powers with the ,fudges of the Supreme
Court, to issue writs of certiorari to the justices of
Oft peace, and to cause their proceedings 9 be
breiught before them, and the like right and ;Pali=
te. be Areko.
Section fX. The president of the eonrt in each
circuit within such circuit,' and the..judges of the
court of common pleas sesthin the's respective
counties, shall be justices Of the peace, so far as
relates to criminal matters.
Section X. A register's office, foi the probate of
Wills and granting letters of administration, and an
office for the recording of deeds, shall be kept in
each county.
Section XI. The style oi" all process shall be
" The Commonwealth of Pennsylvania."' All prose
cutions shalltLbe carried onin the name and by the
authority of the Commonwealth of Pennsylvania,
and conclude " against the peace and dignity of the
same."
ARTICLE VI
Section I. Sherif! and coroners shall, at the
times and places of election of representatives, be
chosen by the citizens of men county. One person
shall be chosen for each offuie, who shall be commis
:ion", by the Governor. . They shall, hold their
offices: for three years, if Wry shall so iong behave
themselves well, and until a successor be duly
.ualified but no person titian be twice chosen or
appointed sheritf, in any term of six years. Vacan
cies in either of the said offices shall be filled by
an appointment, to be made by the Governor, to
continue until the next geiieral election, and 141)61
a successor shall be . 'ellftell and qualified as afore
said.
Sation 11. The freemen of this commonweslth
shall be armed t , organized! and disciplined for its..
defence, whenttnd in such manner as may be directed
by lam. Those who conscientiously scruple to bear
arms, shall not be compellesf to do so, but shall pay
an eguivalent•for personal service.
Section lir. Prothonotaries of the Supreme
Court shall be appointed rby the said Court for
the term of three years if they so long behove
themselves well. Prothonotaries and clerks of the
several other courts, Recos*.rs of deeds, and Re.
gisters of wills, shall at the limes and pkter,a of
&et' Um of representatives, be elected by the quali
fied ekelors of eacA county, or the districts over
which Ike Jurisdiction of said courts extends, and
shall be commissioned by; the Governor,
shall7•l.
shall hold their offices far 4hree Years if 4
so long bduzos themselves well, and un til
their
1114&1380111' shall be duly qualified. The legisla
ture 4,iilp r oviae by law, the number of persons
in cads county who shall hotel said offices, and
how matey and which of s‘sid offices shall be held
k r
b4 2, ane person. Vacanci in any of the said of
be filled by ap intments to be made
the Gavelnor,:iii amt . until the next gene
ral election, and until s shall be elected
and qualified as aforesaid
Section IV. Prottnnotari s, clerks of the tpeace
tf p
and orphans' courts, record .of deeds, registers of
wills, and sherif 4. shall It ' their ffices in Cho
County town of the count in which they, respec
tively, shall be officers, tin ss when the Governor
shall, for special reasons, ispcnse therewith, for
any term not exceeding fiv e years after the county
shall have been erected.
. . .
Section 'V. All commissions shall• be in the name
and by the authority of the (iiininonwealth of Penn
sylvaniat and be sealed with the State seal, and sign
ed by the Goveinor. .
Section VI. A State Tr&surer shall be sleeted
annually; by joint vote of bpth branches tff the legis
lature.
*eon VII. "mikes of the peace or aldermen
shall be sketed in the &emu, wank, boroughs,
and towinthips at 'the lintel of the election
. of cob
atabkt trg the qualified boat thereof en such
number:* shall be diredad byelaw, and shall be
wwwivaiewe e kby Me Governor for a term of five
years t but no township{ ioani- or borcas# shall
dect more.than two justicW of the peace or alder.
men without the anwentiof a majority of the qua
tided ekdars within mai township, ward or bo
rough.
Section Vfli d,#offp4i whose election or ap
pointment is not
pr in this constitution,
shill be eketed or appointed as shalt be directed
fiIIURCUILL'SMAN't AL, and Festivals and
ILI Fasts, just received und for sale by
B. BANNAN.
sprit 4 • - • 25.
m=i=2=l
Mr 9 :,..10CR' NA
s ^; >•: '!.
7, r , ;'' ~. ..; -4N a p tr ita' vagii t i e • „ ~, a l ecrtiratito -
eih.sen t sih ~,,, , tha...qn one ! Yeetr_attri
before Istrappbt •• t - 'i Like thlsnly sWrhttee
binsiaelimereited4: ,4 , ifil ihriliaatkuve been
ea 'Ong' - .**•.-, cs.eis'. f it
the litmus of the
r " =be, - Of. aut o ,
o- 11,. kiek
• fi fro - Ili trided l e:
Err -
nt• any - offliire. Of '
I rson
FMagent Of trust cal , A the United
, Shan at the tra m s •• or„Tarim:tray
qfflee in fbie state, to to 'a i . sec, or fees or
perir are by law, In . i r and the lees&
Nee tnayi by hurt tabat Stafettffireettffiretts;
1 1
cotnpatible: No 4 the • Senate
. 7 . 0 f the
house of reprmrd,atival &gi be appointed by the
Nova-north any °Pe ring the te l n! for which
he shall hicure ban eket ,-.- •
&di°
.IX. All offi for a li r n of years
shall h their offices cord ithe terms respectively
o,6Beirci,
r h tfed, yon t wev he , i
iawi tion sAi lhat be t .d hey,so long en
convictio
~ ce
. qf inisbehtroa ri w
tur in.tEoof any in
-,
famous c rime.
Section X. Any p si tvh+ shill, orifice the
adoption of the awe ' msl a proposed by this
i e
Conve:ntiion to the Co titutio4, Alif a duel or
.
send a challenge foe t purpose, or be eider or
abettor in fi ghling ci di I, shall be deprived of the
right of holding any q of honour or profit in
this State, and shall be nulled otherwise in such
manner Os is, or may prescribed by tau ri but
the erect:Wee may rem the said offence and all
its disqualification,. '
1
VII.
ARTI L.F.. I
Section I. The legislature shall, as soon as con-'
veniently may be, prov e by law , fiat the establish
ment of schools thro out the State, in such
manner that the poor In be taught gratis.
Section 'll. The arts sciences shall be pro
moted in one , r more s inaries of itarrtfug.
Section 111. The rights,. privileges, r and immunities estates of religious og le and and corporate bo
dies, shalt remain as If the eonst teflon of this State
bad not ben altered or atnend ,
Pectio IV. The legislature shall not invest any
efirporate , body or individual with the privilege
of taking private property for public use, without
regaining such corporation or individual to make
compensation to the ownersof said property, or
give adequate security therefor, before such pro
perty shall be -taken.
ARTICLE VIII.
Members of the General Assembly, and all offi
cers, execiitive and judicial, shall be bound.loy oath
or affirmation, to support the constitution of this
Commonwealth and to perform the duties of their
respective, offices with fidelity.
That the general, great and essential principles of
liberty and free government may be recognised and
linalteraWy established, WE DECLARE, THAT
Section. All men are born equally free and in
dependent, and have certain inherent and indefeasible
rights, among which are those of enjoying and dO
- life and liberty, of acquiring, possessing
and protecting property and repo ,an d of pur
suing their own happiness.' - -
Section IL All power is inherent in the people,
and all free governments are founded on their au
thority, and instituted for their peace, safety and
happiness ; For the advancement of these endS, they
have, at all times, an unalienable and indefeasible
right to alter, reform or abolish their government, in
such manner as they may think proper.
Section 111. All men have a natural and indefea-•
sible right to worship Almighty God, according to
the dictates of their own consciences; no man can,
of right, be compelled to attend, erect, or support
any place of worship, or to maintain any ministry
against his consent; no human authority can, in any
ease whatever, control or interfere with the rights
of conscience ; and. no pmfereuee shall ever be
given, by law, to any religious .establishments or
modes of worship.
Section IV. No person who acknowledges the be
ing of a.God and a future ;tate of rewardi and pu
nishmenti' shall on accourifrof his religious senti
ments b&disqualified to hold'any office or place of
trust or ffroft under this Commonwealth.
Section V. Elections shall be free and equal.
Section VI. Trial by jury shall he as heretofore,
and the right thereof remain inviolate.
Section VII. The panting presses shall be free to
every person who undertakes to examine the pro
ceedings of the legislature, or any branch of go
'Ternment: And no law shall ever be made to re
strain the right thereof. The free' communication
of thoughts and opinions is one of the invaluable
rights of man ; arid every Citizen may freely speak,
write and print on any subject; being res ponsible .
for the abuse of that liberty. In prosecutions fur
the publication of papers In vestigating . the official
condpgt . of officers, or men ng,* public capacity, or
where the matter published is '
roperfor public In
formation, the truth thereof max higgiven in evi
dence r And in all indidtments tor libels the jury
shall gage a right:to determine the law and the facts,
under the direction of the court, as in inter-eases.
Section VIII. The people shall be secure,an their
persons, houses, papers and possessions, front unrea
sonable searches and seizures And no warrant to
;Search any place, or tlr seize any person or things,
shall issue, without describing them sir nearly as
may be, nor without probabW wise supported by
oath or affirmation.
Section IX. In all criminal prosecutions, the ac
cused hath a right to be heard by himself and his
eounsel, to demand the nature and cause of the 'ac
cusation. against hiiii, to meet the witnesses face to
face, to have compulsory process for obtaining wit
nesses in his favpur, and, in pikwecutionS by indict
ment or information, a speedy public trial, by an
impartial jury of the viciange ; be cannot be com
pelled to.give evidence 'list himself, nor can he
be deprived of his life, li erty, or property, unless
by the judgment of his ers or the taw of the
land.
Section X. No person shall, for any indictable
e l sd
°Renee, be proceeded agar 'st criminailly by inform
tion, except in cases ari mg in the land or 'nav'al
forces, or in the militiaj hen in actual service in
time. of wit or public di rim, or by leave of the
court, for oppression and m cdatianciur in office. No
person shall, fur the sum offence, be twice put in
jeopardy of .11le or limn' nor 'shall any man's
hlopro
perty be lake° or applitai p9blicpse, without the
consent, of Lis represent toes , and without just
compensation being made.
' Section XI. AU courts hall be open, and every
wrim for anlejury done in his lands, good ;per
son or ;recueation, shall aye remedy by. the due
course of law, and right Find justice administered,
without sale, denial or d y. Suitsmiy be brought
agonise the Commonwealt in such manner, in such
courts, and in such cases s the leoislature may by
law direct
. Section XII. No power f suspending laws shall
be exercised, unless by t e legislature, or its au
thority.
Section XIII. 'Excessive bail shall not- be rt
quired,nor excessive fined imposed, nor cruel pti
nishments inflicted. .
Section XIV. MI prisoners shall be bailable by
'Wildcat sureties, unless f r eapital,olTeomM, when
the moat IN evident or presumption great i and the
privilege of the writ of hsbeas corpus shall not be
suspended, unless when,i eases of rebellion or in
vasioo, the , public safety y require it.
Section X. No commis lon of Over and Terminer.
or jaadelivery shall be ' ued.
; I x
Section XVI. The ou of a debtor, when",
there is not strong presaimtion of fraud, shall not
be continued in prison, after delivering up his estite
for the' benefit of his creditors, in such manner as
shall be prescribed by Iswi .
Section xvrr. No ex poist,facto law, nor soy law
impairing - Contracts shall tie made.
Section xVill. No, penion' shall be sainted of
river . = or felony. by' the legislature.
Station XIX. Ne.attaintetliball work 'corruption.
of blood, Dor, except;dur g the life of the offender,
forfeiture of estate 'to the commonwealth "'the ab
late!' Of such persons as saall destroy their own
lives, shall descend or v t' as in•mise W.-natural.
----- •
g r OVVLTTIS Inter ITablee; iyar. received
and for /uric . * ' . ' B. Wki; , :i . AN.
121114 .
. 5
...
E=EM
ARTICLE IX.
:-- thi. l- itia" ' - iiin";yl - le - reOn — lSir - bnkill - "ed" by
casual f. ' ty,.tiVite tbalilhe'lio forf,eitute by reasonreason
thereo ' • ' i ,
-I. Sectkm:XXoTheicitikenshave i right, in a peace
able mannentoqutaemble - topther, t for their common
good,. and to apply,to those invaded with the powers
o gotteentnept ;for redress of grievances , or other
p . per, per, by. petition, address or remon-
CO. .
SectiOn 'XXI. 'Tbn right of citizens to bear arms,
itim
defence of theinselves and the State, shall not bb
questioned.. • • '
• Section xxn. No standing, army shall, in time
of peace, be kept up without the consent of the Le 4
gislature t and the military shall; in all cases, and
at all times, be ba strict sub Ordination to. the civil
..
Section XXIII. No soldier shall, in time of peace,
be quartered in any house withbut the consent of the
owner, nor in time of war, but iu a manner to be
prescribed by law.
. Section XXIV. The legislature shall -not grant
any title of nobility or hereditary distinction, nor
create any office,the appointment to which shall be
for a longer' term than during good behaviour.
Section XXV. Emigration from the State shall
not be prehibited.
Section XXVL To guard against transgressions
of the high pow ers which we have delegated, WE
DECLARE, that every thing in this article is ex
cepted out of the general powers of government, and
shall for ever remain inviolate. •:
ARTICLE X.
Any amendment or amendments to this ronstrt4_
Lion may be proposed in the Senate or Rouse of Re
presentatives, and if the same shall be agreed to 4y
a majority of the memberi elected to each House, such
proposed amendmint or amendments shall be entered
on their journals, with the yeas and nays taken
thereon, and the Secretary af the Commonwealth shall
' cause the same too published three months before the
next election, in at least one newspaper in every
county in which a newspapec shall be published; and
if in the legislature next aft. wards chosen such pro•
posed amendment or amendments shall be agreed to
by a majority of the members elected to each house,
the Secretary of the Commmureelth shall cause the
same again to be published in manner aforesaid, mid
such proposed; amendment or amendments shall be
submitted to the people in such manner and. at suCh
time, at least three nulnt-hs, after,being so agreed to
by the two houses as the legislature shall prescribe;
and if the people shall approve and ratify su4h
amenchpent or amendments by a majority of the qua
lified voters of this State voting thereon, such amend
ment or amendments shall become apart of the con.
stitution4 but no amendment or amendments shall
be submitted to the people oftener than once in fire
years ; Provided, that if -more than one amendment
be submitted, they shall be submitted in such manner
and form, that the people may vote for or- against
each amendment separately and distinctly.. •
SCHEDULE
That no inconvenience may arise from the altera
tions and amendments in the Constitution of this
Commonwealth, and in order to carry the same into
complete operation, jt is hereby - declared and ordain
ed, That,• •
Section 1. , All laws of this CommOnwealth in force
at the time when the said alterations and, amend
ments in the said Constitution shall,take effect, and
not inconsistent therewith, and all rights, actions,
prosecutions, claims, and contracts as well of indi
viduals as of bodies corporate, shall continue as if
the said alterations and amendments had not been
made.
Section IL The alterations and amendments in the
said Constitution shall take effect from the first day
of January, eighteen hundred and thirty-pine.
Section M. The clauses, sections, and articles'of
the said Constitution, which remain unaltered, Shall
continue to be construed.and have effect as if the
said Constitution had not been amended.
Section IV. The General Assembly which shall
convene in December, eighteen hundred and thirty
eight, shall continue its session, as heretofore, not
withstanding the provision in the eleventh section
of the first article, and shall at all time; be regarded
as the first General Assembly under the amended
Constitution.
Section V. The Governor who shall be elected in
October, eiteen hundred and thirty-eight, shallhe
inaugurated' on the. third Tuesday in January,
eighteen hundred and thirty-nine, to which time
the present executive term is hereby extended:
Section VL The commissions of the judgei of the
Supreme Court, who may be in office on the fit day
of January next, shall expire in the following:mea
ner: The commission which bears the earliest date
shall expire on the first day - of January, Antic Do
mini -one thousand eight hundred andforty-two; the
commission next dated shall expire on the first day
of January, Anno Domini one thousand eight hen
dred and forty-five; the commission next dated shall
expire on the first day of January, Anno Domini
one thousand eight, hundred and forty-eight; the
commission next dated shall expire on the first day
of January, Anno Dotnini one thousand eight hun
dred sod fifty-one ; and the commission last dated
shall (*ire on the first day of January, Anno Do-'
mini one thousand eight hundred and fifty-four.
Section VII. The commissions of the President
judges of the several judicial districts and of the
associate law judges of the firsi judicial district shill
expire as follows: The commissions of one-half of
those who shall have held their offices -ten years or
more at the adoption of the amendments to the consti
tution, shall expire on the twenty-seventh day of Fe
bruary, one thousand eight hundred and thirty-nine;
the commissions of the other half of those who shall
have held their offices ten years or more at the adop
tion of the amendments to - the constitution, shall
expire on the twenty-seventh day of February, one
thousand eight hundred and forty-two ; the first half
to embrace those whose commissions shall bear the
oldest date. The commissions of ill the remaining
judges who shall not hare held their offices for ten
years at the adoption of the amendments to the cop
stitition shall expire on the twenty-seventh day of
February next after the end of ten years from the
date of. their.commissions. - - - - ,V.4 ,
Section VIII. The Recorders of ttiescreraliffay
ors' Courts, and other criminal -critfirts in this Com
monwealth, shall be appointed fo r the same time,
and in the same Manner, as the president judges
of the several judicial districts ; of those now in
office, the commission oldest in date shall expiren
the twenty-seventh day of February , one thous and
eight hundred afid forty-one, and the others every
two two years thereafter according to their respecti e
dates. Those oldest in date expiring first.
Section IX. Theilegislature at its first session un
der the amended constitution, shall divide the other
associate judges, of the State into four classes. The
commissions of those of the first' class shall expire
on the twerayseventh day of February, eighteen
hnndred_and forty,, of those of the second class on
the twenty-seventh day of February, eighteen hun
dred and forty-one; of those of the third-class on
the twenty-seventh day of February, eighteen bun
sired and forty-twet and of those of the foirth class
on the twenty-seventh day of February; eighteen
-thuntred and forty-three. The said Ousel from the
• *ratio theleurgi shatkbetled, nceordiritto the
senioriticssoirnissintisisthisseveral judges.
-,, Section - k -, Prinhonotaries, clerks' of the several
- courts (except of the Supreme Court) recorders of
deeds and muters of wills, shall be first elected under
the amended Constitution, at the election of_repre
sentativesin the year eighteen hundred and thirty
nine, in such manner as may be prescribed by law.
Section XL This
_appointing power shall remain as
heretofore, and all officers in the appointment of the
executive department shall continue in the exercise
of. the duties of their respective offices until the
TegislatnrelshalfPass such laws as max be rev:wed
by the eighth section of the sixth article of the
isffiended'elonstitution,and until appointments shall
be made uhdersiets laws; unless eh commissions
'Shall be superseded by new appoi tments, or shall
sooner expire by their own limits 'on; or the said.
offices shill become vacant by des or resignation,
and such Taws shiall:be enacted by mi khe first ,legislae
ture under the amended constituti .
- - Section'Xll.. The first election list aldermen and
'justices cif the peace shall be heldin.the year eight=
.een hundred and forty, at the ~ e fixed' for the
electipnof constables.. 'The logic - tints first.
. 4‘ ,. k . .. „ , . .
0 lba. Dad. Feathers tut received and
11 . 1 "- 7 O , . ciTeri,dtor sale fly ~
. ; :.- LIAZZARD 'EITRAUCII.
NO'
, 11 ....•
. 51-
.
. .
MEI
- .1 ....-
i on
.under the amended co . tithtion • shall pm.
vid forthe said election andlfor subsequent similar
ojec onsi The aldermen anl n jUStices of the
_pea t ,
now in • cbtn • sion, or 'who ayl in the interim be
ap • bed; s I continue to iscluirge the duties of
the - respec • e °filets, until4fittnen days after the
; 1
day Whic h sh li be fixed by w for the 'swingy
new commis • us, at the' exicaratlon of which time;
their • 'oils shall esp • r
1a tes 'o y that the fo ig is theArnendel.
4
coeo :n niv: fi nni ti ,..,...,,.,...of v% Pelit h h iie elPol i t to rs s
n d ed lis m . e O li m u g re n ti am olthe ia at
.;... •
ell hie, the twentyis• nd day Of Febni
iry, Anno Domini one th ousitnd eight hundred.
• and thir peight, and of the: Independence of
the United States of America thef'sixty;•second i
..
• 1 JOHN SERGEANT, givisident
Daniel Agni elv, " _ Ezra . k tpmturst, •
Win. Ayres Wm. I pi, • ' .
hi. W: Bald 'n, • Abm. elffenstein,
Ephrall ks,
ai r ia
M. Henderson „
Jobn - Y. a y,. Wm. Henderson, *.
Jacob Beirod lar, Wm. Hiester,
Chas. A. Ba itz, Willhal High,
Andre* Bed ord, Jos. Hopkinson,
Thos. S. l , Bel. '' John•Houpt, .
James Chin 1 Biddle, Jabez Hyde,',
Lebbeus L. igelow • Charles Jared Ingersoll,
C. Semi. C Bo halo, ' Pbs. Jenks, - ,
Chas. Hrtiwn ' George M. Keim, • 4
leremikh Br wn, ' • James'Kennedy,
William B n, Aaron Kerr,
Pierce Butte , , os. Konigmacher,
Samuel be , . . acob Krebs,
John Curnmin, i .G. Long, •
ThomaslS.
l einnitighani, rid Lyons,
Williams Cu I, Alex. Magee,
Wm. Darlington, • Joel K . Mann,
‘AS
George Chambers, W. M. Meredith,
John Cliandr, , James Merrill,
Jos. R. Chan lea,
I r
Levi literkeL____\__
Ch., Chaence , ' Wm. 1 4 . Miller, 1.
Nathani l Capp , James Montgomery, '
James ark Christian Meyers,
John C l,ke, , - - .D. Nevin, •
William Clark, .., Wm. Dyed:mid, '
A. J. ue,
Lindley Coates,
Hiram Payne, •
MatthiasPennypacker,
R. E. hran, Jamee Porter,
Thin. P. Corse t . amen Madison Porter,
Joithua F. 'COL, Semi; A. PurViance
Walter Craig, E. C. ißeigart, - .'
Richd. N. train, -A. H.l v ßead,
Geo. T. CraWford; • Geo. W . Ritet,
Conielitis Crum, Jno. Ritter, .
'Benjo. Mar n, . ; EL GU Id Rogers,
11.1 •
John L.'. ahen, • Samuel Royer,
E. T. B.IODo flared, ' Jaanetr . M. Russek
James lip - Sheri*, ', Daniel Saeger,
Mark Harrah, . John/Moran Scott,
.1
Harmar 'Derinyl, • Tobias Sellers,
John Di lre,V, G. iMitzer, •
Jostra'Dieklersion, Geo. Herrin,
Jacob DAS - le lien* Schee tz,
. . _ . _
_____ .Mtge)
Jas. Donaga4
J. R. Name I;
Joseph 14. ran,
James Dunlop,.
Thomas Katie,
D. M. FsrreDy,
Robt. Penu,lngi
Walter Porisatd, ,
John Fo i nllcsod, '
Joseph Fry,,Jr.
John Fulller
John A. parabl e ,
WilliamiGearbart,
David Gilmore;
Virgil Grendll,
William L. Barris,
Thomas Madtings - ,
(Attest i l S i r HOCH, Secretary. L
' - ' F.Aus ' tA istant Secretaries. '
• '7 l Witt.z..4.sm, SS
I i _
sg.cßEtkri.vs oFICk.:,
1 -1 ',H+aacsavaas Pfillllo 4 .RY 2S, 1138. S
I certify, that the foregoing is an exact and Inen
copy of !'. the Constitution of the CommonwealthAl
Pennsylas,amended by the Convention of se
thousand e liirndied and thirty-seven—thirty.
eight,'°
i d
de it' "in this office on the 26th day o
Februar* I ; the "amerstments being in its&
and theirMa ' ined portions Of the present Constite
Lion in ron letter.'
•; i Tilo. IL AT
Seely o
. .
Georie Shilleto,,
Tbcimas H; Sill,
- Geo. pmith,
Joseph.'Snively,
. Jno. B. Sterigere,
Jacob Stickel;
berizer W. Sturderant,
Thomas Taggart,
Morgan .1. Thomas,
Jamek Todd,
...Thomas Weaver,
Jacobi B. Weidman,
ILG.t White
Geo. W. Woodward,
Young.
. I I 'ALRKE ' dr:CO.
I,I".EIRCERS it TAILORS, '
• . (Farterly Pirkei it. itilyans,) •
InfAVP reinOved on the opposite side of Cents
•• Street, 'a few doors a. ,ye Norwegian Strec
where theyi otrer for sale l a. select assortment n,
SOperfine Broad Cloths encl Cessirneres of the
most fashiOnable• colors,,With an elegant mon.
ment of Summer Clothe, V tinge, Linen and Cot
ton Shillts, Collars, Lim s, Stocks.. 'Gloves, Sas
periders,i Union' and cotton and all kinds al
GentlencOn`i wearing aeiparfel, which will be
made to Oiiier k the most approved style as to the
worknaa ship, and warranted to fit equal to any
in the Cty r elsewhere. I
P. S. P. Co. keep on hand an excellent as.
sortment o. ready-made ; Clothing of - all kindo,
which Will et sold at very low rates.
junie 11
i
30
New ,ods.
.genero assortment (
fresh arid seasonable
4-1 ■• ll;ocids,Liost
Y' receibed+ofir . in part.ol
Gecds,
HW
.Groceri 9,,
•
Hordes
i _Quieens_
111acke
allty•Pl Atc.
which Will 'be sold low r cash.. The highest
priiiti:paidia cash for all.k . ndsof country produce.
JOSEF' WHITE & SON.
xrtion., Deic*- • 1 •
Mount u.
i..
.4er 4116.
.itggerty,'
pLESALE ND RETAIL
r,Grocery, ine 4- tiqu'r Store
r xt door.to bi/riiitier's Hotel.)
onnation with a house in Philadelphia
:them to keep ' on hand a very 'eaten
ent of gdods,hich they will sell at
is prices. Store and Tavern . keepen
families, would da well to call and
emsclves. 1
ME
Dry Go.
(N I
THEM !
enahl
siveasort
rjrilade
and priaa
judge fUr t
April
.. 31
Tand El nt Goods.
k 11A_NS & Coi have just received apd
if sale, - : '
61:1
N•pfret
6-4 Ea
Super Frei
Tartan, pin
Red. whAt
Bleached
10 o
Woratec I
Winter pi
Coto br
deo
ill merinos, from $0 to 75 eta i.er yard
ich do
,at 41 54 per yard,
erino. worstedisilli and _cotton aba
green and scarlet flannels,
nd unbleached Clinton flannels, from
/5 cis per yrt.'!l I ' • -
boas, comforts. capil, children's hose,
nuts. gloves, tic &c
and wadding . ati6l per sheet,
... , •
nbserilier has nor on hand at hisStiirs
ztorphopse on rentre and Rail Rod
iull aesottment of (`coda, suitable for the
viz: - ... - ,
r iron of assorted sizes,
1. and 'Hoop do I do -
t lanitS.ptie Sala di d do •
. , Round & Square o do ,
1 Ind Spikes do . 130 -
Shovels : do
1054 4 4 3 10
(ware, a genefal rteeent. .
!hick he is lielling at reduced prices,
2 1 3-C-LAYTON,
THEI
anil
street%
tmal • :41
t. Bal
x,
.R
at;
Na:
flu
AU of
Jail'
ROWES,
the tommonweaith,