The miners' journal, and Pottsville general advertiser. (Pottsville, Pa.) 1837-1869, May 09, 1838, Image 4

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    ER
. 1 ns F
Of TaL
COMMONWEALTH,. OF PENNS
g yp sir nix
• iron ammin, Aso Tub= •
"Taumr-Facifr,
Wg. The People of the Commonwe
sphisuisordain o)&4:stabil:lb this •
its Government
'ARTICLE I.
,
Section I. The legislative power of his Common
wealth- shall be t eethed in. a Gen 1 Assembly,
Which Shallsonsist of aSenate and li se of Repre
...
sientatiedi.
lileetidr a n. The rermesentatives shill be chosen
annually by the citizens of the city . Philadelphia
and of each county respectively on second Tues
day of October.
Section lIL No person- shalt be is presentative
who shall not haventlannej the age f twenty-one
years, and have been ii - eitide and in bitant -of the
Stalk
,three years next preceding bit el Lion, , andthe
lad year therein( attinbabitantof the Stistriet in and
for which begird! bechasen a relorseetative, unless
liephillhave been absent on the public business of
'the Milted States or of this State.
Section IV. Within three - yeas after the first
' meeting of the General Assembly, and within every
inthsequent term of seven years, an enumeration of
tbe taxable inhabitants - shall be wedeln each mare.
iser as shall be directed by law. Tbe number of
.ripiesentatieesiball, at the several periods of snak
ing such enumeration, be fixed by the Legislature,
and apportioned among the city of Philadelphia and
the several counties, according to the number of
taxable inhabitants in cacti: end shall never be less
thad sixty nor greater than one t'pndred. Each
-county shall have at least osie representative, but no--
meninty hereafter elected shill be ent tied to a sepa
rate representation until a suflioient !number of tax
able inhabitants shall be -contained within it, to
entitle them -to one representative agreeably - to' the
ratio which *hall then be established. .
Section V. The senators shall be chosen for three
Tears by - the . citizens of Philadelphia and of the
several-counties at the same time, ist the same man
ner, and at the same places where they shall vote
for representatives. .
Section VL The.punther of Se-Antra shall, at the
several periods of making the enumeration before
-mentioned, be fixed by the Lestisldfure and appor
tioned among the districts forme4 as hereinafter -!
directed, according to the number of taxable inhabi
tants in each ; and shall never be less than one
'fourth, nor greater than one-third, hf the member of
representatives. .
_
Section VII. The senators shall he chosen in &-
strict*, to be formed by the legislatqre ; but no dis
trict shall bit so formed at to entitle , it to elect mare
than taco senators, unless the number of taxable in-;
habitants in any city or county shall, at any time,
be such as to entitle it to elect more than two, but no
'city or county shall be entitled to elect more than
- four senators ; when a district shall be composed
of two or more counties, they shall be adjoining;
neither the city of Philadelphia net anycounty shall
Le divided in forming a district. !,
Section VIII. No person shall b a senator, who
shall not have attained the age of trenty-five years,
and have been a citizen and mbalueunt of the State
four years next before his electioq, and the last year
thereof an inhabitant of the district for which he
.4401 be chosen, unless he shall h been absent on
the public business of the 'Gni States or of this
t ge
State ,• and no person elected as eresaid, dal/ hold
said o r rice after he shall have remoired from such dis
trid. 1
Section IX. The senatorswhoomay be elected at
the first general election after the adoption of the
amendments to the constitution, shall be divided by
lot into three classes. The seats V the senators of
the fi rst class shall be vacated di the expiration of
the first year i of the second eased the expiration
V the second year t and of the third class at the !ex
piration of the third year ; so that thereafter one
third of the whole number of senators may be chosen
every year. The senators electedlbtfore the amymd
ments to the constitution shall bendopted, steal old
their offices during the terms fat which they shall
respectively have been elected. ! !
-Section X. The General Assembly shall meet on
the first Tuesday of January, in ;every year, unless
. sooner-convened by the Govern*
Section XI. Each house deal Shame its Speaker
and other officers; and the ISenale shall also choose
a Speaker pro tempore, when the Speaker shall ex
ereue the office of Governor. '-
Section XIL Each house shallipdee of the cralli
fications of its members. Contested elections shall
- be determined by a committee to be selected, formed
and re:gestated in such manner as-Labatt be directed by
taw. A majority of each - house shall constitute a
quorum to do balances ; but a litter number may
adjourn from day to day, and m • be authotized by
law to canoe l the attendance of'pbsent members, in
such manner and under such penalties as may be
provided.
c L ed
Section =L . Each house may determine the
dies of its togs, punish its mernbeni for
disor&erly behaviour, and with .the concurrence of
two-thirds, expel a member, but, not a second time
for the same cause ; and shall have all other powers
necessary for a branch of the !legislature of a ftee
State.
Section 14.1 V. 77ir legislature shall not hare power
TO Mad Ides annulling the coatraet of marriage in
any ease where, by law, the etairts of this Common
wealth are or may here after be !empowered to decree
n divorce.. •. .
• !Section XV, Each house shill keep a
,journal of
its proceedings, and publish them weekly, except
such parts as may require secrecy: and the yeas
end. nays of the members on eny question shall, at
the desite of any two of then*, be entemd, an the
Journals. .
Section XVI. The doors of each house and of
tftoternittees of the whole shall be open, Unless,
' wben the business shall be such as ought to be kept
secret. l'
&CUM xvq. Neither house shall, without the
consist of the other, adjourn !for more than three
-days, nor to apy.other place than that in which the
two houses shall be sitting. ; ,
Section XVIII. The ,Senatoi and representatives
Abell receive a compensation i their services to be'
;ascertained by law, and paid tof the tteasnry of
'the Commonwealth. They s 11 in all Cases, i ,s ex
!cept treason, felony end bre h or surely of the
peace, be p ri vileged from a t during their et
tendanee at the session of their' respective bonzes,
tialedinioing to and returning fr om the same; And
' lotanylspeeejt or debate in either house, they shall
.40 be queationerin any othe place.
. XIX. No Seintoi o representative shall,
.i j
g the tine for winch he all have beet elect
:l4le appointed to au civil under this Coin
*with which shall bav', beet; created; or the
. amolumentayof Add* shall - Omer been increased
itaine Both tfitier did no - ember of Congress or
other pgr
in
(deept Of attorney
' al law andan the militia) nn er the United , States
' &ends toditnonweatth, shall a member of either
bind during his continua in Congress' or hi
dike. ' •-. •
- •deeeliOn XX. When dem ies happen in either
bonon,rthe Speaker shall ass waits of election to
•fillencts vacancies
~ .4trtiors XXI. All bills for 'sing revenue shall
*
inity propose arnendmeets as in other bills.
~
_ . XXII, No money ll shall be Vern trim
ftte
- ; 'l4.filliary,bni in darseq.4.nce of ap rotiriatiens
tde.bY lase. ' • ,
: . Section XXIII. Every .11 which shall have
passed both hotestliall presented to the Go
altu
vernor. If be atili — 4 - 11 e . bill sign it,l if he
shall not approve he r shall mit Witteh objec
tions to the house in which 1 shall have 0 . mated,
who shall enter the objectict s at IPrge l 'efine their
- journals and proeeed to. alder it. if, afters
such re-esinsideration,two. Ws of thalthonse shall
agree to pass the bill, it A 1 be - sent f didi th e ole
objects
"ZANDER/30MB PAW! jolt roeSi*ed a
for sale at this office. l'
march 3124-
•
.4. 5 4.3 L -S tx• • i itli x 'fa. , Zi- as
Jew pe t ote nurtise, By wltieh IffieWhe it
'shall be 1e.i..........a, and if approved by itwips
thirds of that hour, it shall be slaw. But in sash
cases the votes of both houses shall be iletermitstd
oy yeas and nays, and the names of persons voting
for or against the nal shall be entered on like jour
nals of each honde nespectively. If tiny; bill shalt
not be 'retarded by the Governor within ten days
(Sundays excepted) after it shall hays been pad- .
rented to iiimot shall be a law in like - mannerlas if.
be had signed it, unless the General Assembly, by
their adjournment, prevent , its return, in which case
it shalt be se lot, unless sent beck erittrin three
days after their next meeting.
Seeders XXIV4 Every order, resolution or vote
to which the concurrence of both houses may be
necessary (except on a- questiod of adjournment)
shall be presented to the Governor, and before it
shall take etrect;be approved by him, or being dis
approved, shall. he repassed hy two-thirds of both
houses amcirdineto the rules and limitations pre
scribed. In case of a'bilL r
Section XXV. o.corporate body shall be hereafter
created, - retinced or extended, with banking or dis
counting privileges, without six months previous
public notice of. the intended application for the
same In sucfi matinee as shall be prescriled by law.
Nor shall any rhorter for he purposes aforesaid, be
1 "
o f
gianted for a !Mager per od than twenty years, an'i
every each charter shall ontain a clause reserving
to the legislature the p er to alter, revoke or annul
the same whenesler in their opinion it may be inju
rious to the cite ens of the commonwealth, in such
manner howeverilthat no injustice shall Le done to the
-corporators. N law hereafter emitted, shall create,
renew sr extend:The charter of more than-one corpo
ration. extend; !
the
1 'ARTICLE U.
Section L Thelitupreme Executive power of this
/
"Commonwealth hall be vest
.., in a Governor.
Section 11. The Governor all be - chosen on the
second Tuesday of October, rthe citizens of the
tommonwealth;i.at the plareil whete they shall re
spectively vote for representatives. The returns
of ehery election for Governor shall be sealed up
anetratisnaifteltito the seat of g,vernment, directed
to the. Speaker of the Senate, who shall open and
publish them in the presence of the members of
both houses of the legislature. The person having
the highest number of votes shall be Governor.
But if two or more -shall be equal and highest In
votes, one of them shall be chosen Governor by the
joint vote of the members of both houses. Con
''tested electionasha II be determined by a Committee
to be selected front both houses of the legislature,
and formed and regulated in such manner as shall
be directed bylaw.
Section 111. The Governor shall hold his offer
;luring three ydars from the- third Toesday of Janu
ary heat ensuing his election, and shall not be
capable of holding it longer than Mx in any term
of nine years.
Section IV. lie shalt be at least thirty years of
age, and -have been a citizen and an itthatitant of
Ibis State seven years next before his election ;
Sinless - he shall have been absent on the public
business of the United States or of this State. •
Section V. No member of Congress or person
holding any office under the United States. or this
State shall exereise the office of Governor,
Section VI. The Governor shall at 'stated tames
receive harhis services a compensation. which shalt
be neither *increased nor
,diminished during the
period for which he shall hi've been elected.
Section %II: He shall be commander-iii-cliief of
the army and navy of this Commenwealthoind of
the militia, incept when they shall be called into
the actual service of the United States.
Section VIII. lie shall appoint a Secretary of the
Commonwealth during pleasure, and he shall nomi
nate and by and with the advice and consent of the
Senate appoint all judicial officers of courts of
record, unless othericitc provided for in this Consti
tution. He ishalrfinre power to fill all raCaltetal
that may happen in such judicial offices during the
recess of the Senate, by granting commissions which
shall expire at the end of their next session: Pro
vided; that in acting on executive nominations the
Senate shall sit with open doom, and in corvirmihg
or rejecting the nominations df the Governor, the
rote shall be taken by yeas, and nays. .
Section IX.. He shall have power to remit fines
and forfeitures, and grant -reprieves and pardons,
except in cases of impeachment..
Section X. lie may require information in writing,
from the officers in the executive department upon
any subject relating to the duties of their respec
tive offices.
Section XI. lie shall. from time to time, give to
the General Assembly information of the state of
the CornMariNveUl , h, and recommend to their cop
snieration such measures as he shall judge expedient
Section Xn. Re may, on ex triordina t y oecasiont.
convene the General Assembly ; and in case of
disagreement between the two houses, with respect
tb tne time of adjournment, adjourn them to such
ime as he shall think proper, not exceeding foul
LVANIII4
TIIIOMAISD
tit of Peon
"tution to:
•
months.
Section XIII. He shall. take care that the lass
be fatthfull3 execott tl.
Sfetion Xlv. In ca.e nf the dp,th nr
of the'Cetvernor, or of his removal from office, the
Speaker of the Senate shall exercise the °trite of •
Governot, until another Governor shall he duly
qoalifiedi Ina in
next
case ano t her Governor shat, ,
be chosen at the next annual election of representa,
tires, unless such death, resignation or removal,
shall occur within thtes calendar months intmedi:
Wetly preceding such next annual election, in which
case a Governor shall be chosen at the second suer
reeding annual election of representatives. Anil
if the trial of-a. contested election shall continue
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 4
such contested election, and until a Governor a I
- be duly qualified as aforesaid.
Section XV. The Secretary of the Commonwealth
Aran keep a fair register of all the official acts and
proceedings of- the Governor, and shall, when re
quired, lay the same lasi all papers, minutes and
vouchers relative thereto, before either branch 9f
the legislature, and shall perform each other tittOts
as shall be enjoined him by law.
Section T. In elections by the citizens every white
freeman I' the age of twenty-one years, having lie
sided in this date one year, and in the election dis
trict where he (glen to vote, ten days immediately
preceding such election, and within two years pWid
a State or County tax, which shall hove been as
sessed at least ten days before the election, shot! nifty
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,mul
have resided in the election district,.and
pw'S lanes as tsforesaitt, shall be entitled to vote, after
residing in the state sir months. Provided, that white
freemen, citizens of the Pitied States, between. Ihe
ages of twenty-one and twenty-two years, and ilD
fag resided in the State one year, and in the election
district ten days as. aforesaid, shall be entitled , to
vote, although they shalt not have paid taxes.
Section IT. All elections shall be by ballbn ex
cept those by persons In their representative mt/ra
cities, who shall vote viva voce.
Section 1/1.. Electors shall in. all eases, enter
treason, felony, ind breach or surety of the prike,
be privileged from arrest, .during their afttendatiee
on elections, and- in going to sad returning finm
thew.
• ARTICLE IV.
Section 1. The House of , Representatives 'shall
have the sole power of finpeaching.
Section IL All impeachments shall be tried' by
the Senate t . when sitting for that purpose, The
Senators shall be upon oath or affirmation. Nofer
son shall be convicted 'without the concurrene of
two-thirds of the !Scribers present - .
Section lIL The Governot, "aka fill oilier ,
officers under this Commonwealth, shallbe Gabbs to
Impeachment for any misdemeanour in office !but
judgment, in such cases, shall not attend farther
than to retrioval from - 441ce_, and M 14041641114010 to
hold any office of honour, trust or profit, under th is
Commonwealth: :Tbe party, whether ccmvici or
VIIURCHILIAMANtAL, and Festivaisland
Fasts, just received sad tot sale by
B. BANNAN.
npril 4
a eq ~.. .shilltsalle bailable td Indietnienk
,i,f , judgmenti, and • t aecarding to law.
' l ' ARTICLE-NC: - r i , - -
Si*n L The jttillebiter of I
W da Common
ealth-sball- -be 'vested • I Sept,. Court, - to
=of Oyer and Te antGenstial Jail De
in a Court of Com Phms,ns' Court.
Tiegister 6 a Court, as
_e iof r Sessions
I
of ffie'Peace, for rich tyrin• 3 heel of the
Peace, and in such other . as . the legislature
may from time to rime es
Section IL The fudges the &gneiss); cowl, of
theireverol Cowls g r. Plear 'and of such
oths4r Courts of' Record as nee or skein bes established
by laso„,shaill be nominated by the Goeeriser,, and by
and ' with the consent of thee Senate d,opointed alit
cOnicaissioned by him, The judges of eke hVi n e
Conrt shah es hold their , for the ter% it
years (f . they shah so t• lame thereselardsocli.
The president judges of OW several Couils of Colsnon
Pleas and of such other Courts of Re as are or
shall be established - bylaw, and all . judges re
qufred -to be learned in the law, shall held their offices
101 l the term of ten years if they shall Sri/mg behave
flu_ vetoes well. The Anforicatjudgeh of the Courts
qf amnion Pleas shall hold their off e for the term
,tf re years. if they sha ll so long beh4t re themselves
Or . But for any reasonable cause kith that/ not
he sufficient ground of empeachmenlj the Governor
only remove any of them Mt the address of two-thirds
if each branch of the legislature. Thejudges' tf. the
kitipreme Court and the presidents iof the. several
i'lurts of Common Pleasshall at stolid times receive
for their sercices ass adequate compensation to be
fi.i.c.l by laic, which • 'iaii not be dinatnithed during
their pantruuance in office, but they shatt receive no
Ices or perquisites of office, nor hold ',any other office
ofprofct under this Com*sonweudlh,
;Section 111. Unti/ otherwise directed by law, the
, 'arts of Common Pleas shall continua as at ;trails ,
est i
ablished. Not more than five (auntie* shall at and
!, ebe included in one' judicial district organized
fsr said Courts.
Section IV. The • jurisdiction of the Supreme
['Mint shall extend over the State ;' and the judges
thereof, shall by virtue of their odic**, be justices
r Oyer and Testniner and General Jail Delivery, ii,
the several counties..
Section V. The judges of the Court of Common
Oleas, in each county, shall by virtue of thou:
offices, be justices of Oyer and Tern:Mier and Gene
ral Jail Delivery, for the trial of capital and other
otreoders therein ; any two of the said judges, the
president being one, shall be a quorum : but the
shall nut hold a court of oyer and terminer, ur jaii
delivery, in any county, as hen the judges of the
.tripreme Court, or any of them, shall be sitting in
the same county. The party accused, as well a.
ate Commonwealth, may, under such regulations a,
shall he prescribed by law, remove the indictment
and proceedings, u a transcript thereof, into the
supteme Court.
Secion VI. The , lipremc Court, and the several
rot..ts of c. mm in pleas, shall, beside the pos. eta
Ida e Vlore u.u.illy exe.ci , ssr by them, ha se its,
power of a ( . ..13 71 of Chancery, so fir as resales IA
the perpetuating of testimony, the obtainuig of
Pl'ulence from places not within the Stee, ^l.d the
care of the persons and estates of those who air
moo ,compotes Mentk. And the legi•lature shall
vest in the said . courts stub other 'powers to grant
relief in equity, as shall be found ii. cessar, : at o
may. from time to time, enlarge ur daninish those
powers or vest then) in.such other courts ss they shall
judge proper, fur the due administration of justice:
Seaton VP.. The judges of the court of c .intnoti
s ideas of each" county, any two of. wham shall be a
luaruni ' shall compose the court of Quarter Ses-.
alone of the peace, and orphans' now thereof ; and
the register of wills, together with the said judges.
or any two of them, shall compose the register's
court of each county.
Section VIII. Thelnd n ges of the courts of common
,
pleas shall, within 1 , . '
respectiye counties, have
the like powers with the judges of the Supreme
Court, to issue writs of certiorari to' the justices of
the peace, and to cause their proceedings to be
brought before them, and the like right and justice
to be done.
, Section IX. The president of the court in each
circuit within such circuit, and the judges of the
court of common pleas Within 'their respective
counties, shall be justices of the peace, to far as
relate! to criminal matters.
Realms X. A register's office, for the mithate of
wills and granting letters of administration, and an
office for the recording of , deeds, shall be kept in
each county.
Section XL The style of all process shall be
" The Colninonwealth of Pennsylvania." All prose
cutions shall be carried on in the name and by the
authority of the Commonwealth of Pennsylvania,
and conclude " against the peace and - dignity of the
same."
ARTICLeUL
E=MI
InkM
I==l
ARTICLE Vi.
Section I. Sheriffs and coroners shall, at the
times and places of election of representatives, be
chosen by the citizens of each county. One person
shalt be chosen for each"office, who shall be commis
sioned by the Governor. They shall hold rodr
offices for three; years, if they shall id' long behave
themselves well, and until a successor be duly
qualified ; but no person shall be twice chosen or
appointed sheriff,in any term of six years. Vacan
cies in either Of the said offices shall he filled by
an appointment, to be made by
.the Governor, to
continue until the next general election, and until
a successor shall be chosen and qualified le afore
said.
Section 11. The freemen of this commonwealth
shall be armed, organiMul and disciplined for its
defence, when and in such =outer as may be directed
by law. Those who conscientiously scruple to bear
arms, shall not be compelled to do so, but shall pay
in equivalent for personal service.
Sect uon 111. Prhonotaries of the Supreme
Court shall be appointed by the said Court fur
the term of three years if they so song behave
themselves well. Prothonotaries and darks of the
several other courts, Recorders of deeds, and Re
gisters of wills, shall at the times and places of
election of representatives; be elected by the quali
fied electors of each county, or the &arid' over
which the jurisdiction of said worts extends, and
shall be wmmissioned by the Governor.
shall hold their o ffi ces fur three y ears if 1,721
so long behave themselves well, and u • their
successors shall be. duly
, quedifted The legisla
ture shall provide by taut, the number of persona
in each county who shall hold said offices, and
how many and which of said offices shall be held
btone person. Vaavecies in any of the said of
shall be filled by apporntments to be made'
the Governor, to contanut unfit the nett gene.
election, and until successors shall be erected
and qualified as aforesaid.
Section IV. Prothonotaries, Clerks of the peace
and orphans' courts, recorders of deeds, registers of
wills, and sheriffs, shall keep their offices in the
county town of the county in which they, respec
tively, shallbebalicetionelelts ?nen t h e Governor
shall, for special resume, dispense therewith, for
any berm not exceeding five years after the county
shall have been erected.
Section V. All commissions shall be in the name
and by the authority of the Commonwealth of Penn
sylvania, and be sealed with the State seal, and sign
ed by the Gore-ilium
Section•Vl. 4 State. Treasurer shall , be elected
annually, by joint vote of both branches of the kgis
taw...
Section VII. Justices of the peace or aldermen
shall be deeded in the several wards, boroughs,
and townships at tiectime of the election of con
stables by the quableal deters thereof,, in such
number as shall - lie directed by kiwi en shall be
commissioned by the Governor fur a dorm of five
years ; but no township, ward or borough shall
elect snore thou two justices of the peace or eider
men without tie consent of a nuiorgisof the qua-
Med. electors within sod loausships ward or bo
,
V eit
an VIII All officers wham elation or ap
pointment is not provided for in this moistitatima,
shall be elected or appointed as abaft be dirtied
1000 IbC eVher s,pat tneeiTed an d
offered tor sale by
HAZZAR D STiZAUCII.
Nov It . 51-
1 9 JOITILBLA.L. -
tarn ' Donn %hat 0e 4.-- aprpornti4/0 unk ratis uaSualath I and ifeegydlliti Iry killed by
Ace eininty who ithabl tioaukra tjslbeit!'4 ll T: ll P l it 0 14 , 10 . 1 11 105., reas°, °
thereof.
Ac aims and ass' tiitsdbikrat therein 04 year nex t
.lion xx . • • -
before his'apPointnicnt, ti s the - cour4 . shall hare able manner, te Ti t u sema uk :G d zena ba the rs; otatinir
commonace
been SO knVr
. ..erected t hat,V shall be have bee n good , and to applyp v Vrith the powers
ea hug freutens • l h e n within the limits of the of government Tor' litegilevances, or other
county or sovietise out ofUshiek r 7 * heaßlen'n • proper purposes,s by petitkuteAuldress or remove
taken. 'No member of Clingrempflir di
thaf Mate, 'Staines. • •
h o Wnione! mewl' l ig am offirgitar Rectkei XXI:, The right of citii;ens to bear anis,
resentof trust' o r iy ro f a „a o . rh e ly n ijed in defence of themselves ind the State, shall not be
' lat.-shall at the law tins e 1141ur "excise any que s tioned
tloned. kit No stanailig linty shall, In time
altee__in thie.iteit a U , !! whit* a 88488 Y, is.. , .....o r it e a sA ltr ' of peace, be kept up without the consent of the Le-
PaY maile t ' nl ;4
_„°„.% and gislatun I and the military shall, in all eases, and
tune mayoy /13W acos-arc Sonar agile OWN crests- et c ei n t i mes . h e i u str i c t str b or tion t o the
civil
compatiNe. No tuentber of the''Senate or of :the power.
house of representatives shall be appdinted by Section XXIIL No Midler shall, in time of peon,
Governor to any gate during the term fur which be quartered In any house without the consent of the
he shall have - ken defied owner, nor in -time Of War, but in a manner to be
by. lalv.
Section IX. 4 . ' offuxrs for a term of years F prescribed l
Section XXIV. The legislature shill not grant
shall hold their offices for the' terms ea :clink any title of nobility or hereditary distinetion, nor
tre"fi ed, only on the condition that the y 8° lem g ' create any office the appointment to which shall be
bchinse themselves well; and shall he removed an for a longer term than during goodbehaviour.
conviction of misbehaviour in office or of any in'- Section XXV. Emigration from the State shalt
famous crime. not be prohibited.
Section X. Any person mho shall, after the Section l XXVL To guard against transgressions
adoption of the amendments p of the high powers Stffildb we,have delegated. WE
DECLARE, that' eve thing in this article is ex-
Convention to the Constitution,redz ar
.2, 111 1 . 3 - copied out of the general powers tif government, and
send a challenge far 'hal Palm" , " alde r°B shall for ever remain inviolate.
-abettor in fighting a duel, shall be depritteato f the
ARTICLE X.
right of holding any office of henna . or profit in
gintenatiOMS or AMLlMbrientit to this consittu
thuState, and shall be punished, . o thenU'U . le , In snub Hon May bet proposed in the Senate or Rouse of Re
manner as is, or' may be Preacriata late _,
presentatives, and if the same shall be agreed to by
the executive may remit the said o c ake and all a majority of the numbers elected to each House, such
its disquakfications. proposed amendment or amendments shall be entered
ARTICLE VII.- . 'on their 'journals, with the yeas and nays taken
Section I. The legislature shall, as slum as con- thereon, and the Secretary , f the Commonwealth shall
veniently may-be. provide by law, for the establish.
Mess the same Lobe pbblished three menthe before the
m a nse of schools throughout the State in such next election, in at least one newspaper in every
manner that the poor may be taught grata. county is whi4 a new paper shall be published; and
if in the legislature next afterwards chosen such pro
moSteceddionnolnle.
or The mo a re as sem and aries sciences zif learning shall be
pm
s -posed amendment or amendments shall be agreed to
s ec ti on m e e i g ht s , privileges, i mmu nities by a majority of tie members eleeted.to";each house,
and estates of tefigium societies and corporate the Secretary elf the Cemmonirealth than cause the
di es , s h a ll rema i n as if t h e cons tit u tion o f ti i ts st a te same again to be published in manner aforesaid, and
had not been altered or amended. such proposed amendment or amendments shall be
s ect i on rv . Th e kolature shall no t i nves t an y submitted to the people in such manner and at such
corporate body or individual with the privilege time, at least three nundis, after being so agreed to
by the two houses as the legislature shall prescribe;
of taking private PrVett.Y.frrhile use, withegit and if the people than approve and ratify such
requiring each corp oration or inatMdual ta, nodue amendment or amendments by a majority of the qua
compensation to owners said property, or lifted toters of this State toting thereon, such amend
give adequate security ther efor , before such pro- meat or amendments shall become a part of the eon
perty shall be taken. stitution ; but no amendment or amendments shall
ARTICLE VIII. be-submitted to the people oftener than once in jive
Members of the General Assembly, and all dB- years ; Provided, that if more than one amendment
b
cera, executive and judicial, shall be bound by oath be submitted, they shall be submitted in such manner
or affirmation, to support the constitution of this and form, that the people may rote for, or again"
Commonwealth and to perform the duties of their each acenunnent sePareittY an distinctly.
respective offices with fidelity.
'CHEDULE.
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, it is hereby declared and ordain.
ed, That,
Section I. 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
'ot 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 Amanda:Mita had not been
made.
Section IL The alterations and amendments in the'
said Constitution shall take effect from the cost day
of January, eighteen hundred and thirty-nine.
Seition 111. 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 notbeen amended.
Section IV.- The General Assembly which shall
convene in December, eighteen hundred and thirty
eight, shalleontinutits lesakin.ns heretofore, not
withstanding the provision in the eleventh section
of the fast article, and shall at all times be regarded
as the 'first General Assembly under the amended
Constitution.
Section V. The Governor who shall be elected in
October, eighteen hundred and thirty-eight, shall be
inaugurated on the third Tuesday M January,
eighteen hundred. and thirty-nine, to which time
the present executive term is hereby extended.
Section VI. The commissions of the judges of the
Supreme Court, who may be in office on the first day
of January next, Shall expire in the following man
ner: The commission which bears the earliest date
shall expire on the first day of January, Anno DG
mini one thousand eight hundied and forty-two; the
commission next dated shall expire on the first day
of January, Anne Domini one thousand eight hun
dred and forty-fiver the commission next dated shall
expire on the fiat 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 Domini one thousand eight hun
dred and fifty-one; and the commission last dated
shall expiie'on the first day of January, Anno Do
mini one thousand eight hundred and fifty-four.
Section Vit. The commissions of the President
judges of the several judicial districts and of the
associate lair judges of t.he first judicial district shall
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 hall
to embrace those Whose commissions shall bear the
oldest date. The commissions of all the remaining
judges who shall not have held their offices for ten
years at the adoption of the amendments to the con
stitution shall expire - on the twenty-seventh day of
February next after the mad of ten years NOM the
date of their commissional. •
Section VIII. The Reconleri 'of the several May
ors' Courts, and other criminal •courts in this Com
monwealth, shall be appointed for 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 expire on
the twenty-seventh day of February, one thousand
eight hundred arid forty-one, and the others every
two years thereafter according to their respective
dates. Those oldest In date expiring first.
Section IX. The legislature at its first session un
der the amended constitution, shall divide the other
associdte judges of the State into four classes. The
commissions of those of the first class shall expire.
on the tnienty-seventh day of February, eighteen
_hundred 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 tiventy-seventh Clay of February, eighteen hun
dred and forty-two; and of those of the fourth class
on the twenty-seventh day .or February, eighteea
hundred and forty-three. The said 'classes from the
first to the fourth shall he arranged according to the
seniority of ilie*nmissions o( the aeveraljudges.
Sixth% lt 4 Vrrithoinildires, atri' 'of the several
courts (except of the Sulineme Court) recorders of
deeds and registers otwills, shall be first elected under
the amended Constitution, at the election of repre
sentatives lit theyeer eighteen hundred and thirty
nineein such rammer piney be prescribed bylaw..
Section XL Ttib igaititirsg power shall remain as
heretofore, grid all officers in the appointment of the
executive deParlisiedt shall nintinue.in the exercise
of the dales"- of 4heli relpectido offices until' the
legislatule shall pass such laws as may be requited
by, the eqhiln section of the sixth article of *the
Amended Constitution, and until appointments shall
be made updcr such laws; unless their commissions
shall be superseded by new appointments, or shall
sooner expire tik their own limitations,'o , the said
offices *hall Ineorne meant by death oriesignarion,
and such laws shall be enacted by the first
tete under the amended constitution.
Section XII. Tingled election for aldermen and
justices of the peen -shall pe heldin the year eight
een hundred and forty, at the time fixed for 'the
eliMdon. of- constables. The legislature at its Mat
ARTICLE IX.
That the general, great and essential principles of
liberty and free government may be ret•pgnised and
unalterably established, WE DECLARE., TH aT
Section 1. All men are born equally flee and in
dependent, and have certain inherent and indefeasible
rights, among which are those of enjoying and de
fending life and liberty, of acquiring, possessing
and protecting property and reputation, and of pur
suing their own happiness.
Section 11. 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 indefeaaibln
right to alter, reform or abolish their government, id
such manneriis they may think proper.,
Section 1-11. All men have a natural and indefea
sible right to worship Almighty God, *mooting to
the dictates of their own conscienceS; no man can,
of right, be compelled to attend, erect,tor support
any place of worship, or to maintain' any ministry
against his consent; no human authority can,in any
case whatever, control or interfere With the rights
of conscience ; and no preferinee shill 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 state of rewards and pu
nishments, shall on account of his religions senti
ments be disqualified to hold any office or place of
trust or profit undet this Cgorimonwealfh.
Section V. Elections shall be free and equal.
Section VI. Trial by jury shall be as heretofore,
and the right thereof remain Inviolate.
Section VII. The printing presses shall be free to
every person who undertakes to examine the pro.
ceedings of the legislature; or any branch of go
vemment : 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; and every citizen may freely speak,
write and print on any subject, being responsible
for the abuse of that liberty. In prosecutions fur
the publication of papers investigating jbe official
conduct of officers, or men in a public capacity, or
where the matter published is proper for public in
formation, the truth thereof may' be given in evi
dence : And in all -indictments for libels the jury
shall haves right to determine the law and the facts,
under the direction of the court, as in other cases.
Section VIII. The people shall be secure in their
persons, houses, papers and postessiOna„ from unrea
sonable searches and seizures: And no Warrant to
search any place, or to seize any person or things,
shall issue, without describing them as nearly as
may be, nor without probable cause supported by
,oath or affirmation.
Section IX. In all comma' -prosecutions, the ai
cased bath a right to be heard by himself and his
counsel, to demand the nature and cause of the aC.-
cusation against him, to meet the witnesses face to
race, to have compulsory process fur obtaining, wit
nesses in his. favour, and, in prosecutions by indict
ment or information, ' a speedy public trial, by an
itnpartial jury of the vicinage; be cannot be com
pelled to give evidence against himself, nor can be
he deprived of his life, liberty, or property, unless
by the judgment of his peers or the law of the
land.
Section X. No person shall, for any indictable
offence, tte proceeded against ci trnitually by lam-na
tion, except in cases arising to the land or nail
fotit:s, or in the militia when in actual service in
time of war or public danger, or by leave of the
court, for oppression and misdemeanour in office. No
person shall, for the same offence, be twice put in
jeopardy of life or limb; nor shill any man's pro
perty be taken or applied to, public use, without the
consent of his representative', and without just
compensation being made.
Section XI. All courts shall be open, and . every
man for an injury done him in his lands, goods, per
son or *Potation, shall Stave remedy by the due
course of law, and right and justice administered,
without sale, denial or delay. Snits may be brought
against the Commonwealth in such manner, in such
courts, and in such cases as the legislature may by
law direct.
Section XII. No power of suspending laws shall
be exercised, Unless by the legislature, or its au
thority.
Section XIII. Excessive ball shall not he re
quired, nor extessivle Shea imposed, nor cruel pu
nishments inflicted.
Section XIV. All prisoners shall be bailable by
sufficient sureties, unless for capital when
the proof is evident or presumption great i and the
Privilege of the writ of bribed cowls shall not be
suspended, unless when, in cases of rebelhon ur in
vasion, the public safety tnoy require it.
Section XV. No comaiistion of neer and Terminer
or jail delivery eball be istioecl,
Section XVI. The person- of- a debtor, where
- there is not strong presumption of [ma r shal' not
be continued in prison, after delivering up his estate
for the benefit of his creditors, in such manner as
shall be prescribed by law. '
Section XVII. No es Part facto law, nor any law
• impairing contracts shall be made.
Section XVIII. No person 'shall be attainted of
treason or felony by the legislature.
Section XIX. No attainder shall work ,corruption
of blood, nor, except during the life of the offender,
ftirfciture of tittle 4o lettd cosomMitirealth • the is
! tater of such persons as shall destroy their, own
lives, shall descend, or vest as in cute of naittral
.
FRESH -Timothy Seed just, received end for
m: sale bj . .I. CLAYTON.
Feb 14 1—
•
and: Tow
UST received and for sale a eapplioneir
J UST Tow Lines..IAZZARD & STRAUCIi.
•
session under the
videfor nikasia elec
elections. The Aide
now in commission, . 1
appointed, shall . •
their respective o
day which shall be 6:
new commissions,
their commissions sh;
Ia testimony that'
constitution, of
convenliob, We
•fided- constitution i shall pro.
in Mil.- for sutisegneut shah*
utrairl justices of k the. peace
* may in the toterim be
tie lo discharge the duties of
r, mad! fifteen daYs after the
ed by law for the 'issuing of
the !expiration of which w ee ,
II expire.
the 1 foregoing is the amended
osylyarua, 'as agreed to i n
the ogicersi n t members of the
hereunto ed Oar names at
Py l e-DV - tie lid kay of Febra.
ni one thousand eight hundred .
,and of the Independence of
Of. America the sixty-second.
lINI3EB.GEANT, presid en t. . •
Di:idelAgnew, -' 1 - Ezra S. HayhOrst, .
Wm. Ayres, 1 ' Wm. Hays, • • ,
M. W. Baldwin, • , , Ab m: bet ff enstein,
Ephrata . Banks, 1 : It. Henderson,
John Y. BarelaY, • ' • Wm. Hendersbn, -
Jacob Barndolar, I 'Wm. fliesteri -
Chas. A. Barnitz, lVilliam High,
Andrew Bedford, 1 Jas. Hopkinson,
•
Thos. S. Bell,. i t , s. , John „Mount, ;
James Cornell pia i, . Jabez Hyde, I
'Lebbeus L. Bigelo ! Charles Jared Ingersoll,
Sarni. C. Bonhatn, I : t Ptis.lenks,
Chas. Brown,, i .: • George M Keim,
Jeremiah Brown,' , Jamen Kennedy,
William Braless, I : Aaron Kern, ;
Pierce Butler,. Jos. IKonigraacher,
Samuel Carey, ' . Jacob Krebs,
John CIi:UMW, • H. GI Long,
Thomas S. Cunningham, David Lyont„
Willtain ,Curit, Alexi Magee,
Wm. Darlington, . .Joel K. Mann ,
1 George Chambers, W. M. Meredith,
John Chandler, : Jamea Merrill,
Jos. R. Chandler, , LevilMerkel,
Ch. Chauncey, Wm.l L. Miller,
Nathaniel Clapp, • ' /amen Montgomery,
James Clarke.. • Chr*Min Meyers,
John Clarke, ' •D. Nevin, : ,
William Clark, Wind Overfierd,
A. J. Cline, ' ' Hirain Payne,
Lindley Coates,. hlatthias Pennypacker,
R. E. Cochran, . , ' James Porter, -
Thos. P. Cope, ' • ames Madison Porter,
Joshua F. Cox, • ! Saml. A. Pitiviance
Walter Craig, E. C Reigirt, •
Ricbd M. Corn, • • A. 0. Read, ,
Geo. T . Crawfor d, ~ Geo.; W. Biter,
Cornelius Crum, , JnoJ Ritter, •
' lienjn. Martin, , H. Gold Rogers,
John' . M'Cahens Samuel - 11Olver,
E. T. M'Dowell, James M. Russell,
James M'Sherry, - ,- DaMel Saeger,
Mark Ilarrab, - John Morip Scott,
H annikr Denny, .i. - Tobias Se l lers, .
John Diacey,_. • i , G. 4eltzer •
Joshua Dickerson. 'Geo. Sethi!,
Jacob Dillinger ' ' Henry Scbcetz, '
Jas. Donagan, - GeOrge S i lllem, .
J. R. Donnell, , '
, '' Thomas . .ill,
Joseph M. Ddralit Geo. Smith„
James Dunlop, . Wrp. Smyth,
Thomas Earle, 1 Joseph Snively,
D. M. FarrellY, , incl. B. Sterigere,
Robt. Flemipg,l , Jacob Stickel, •
Walter Forwar d ' Ebenezer: W. Sturdevint,
John Foulkrod. 1 • Thmuas Taggart, •
Joseph Fry, Jr. 1 - Morgan Ji Thomas,•-'7
John Fuller, i James Todd, •
John A. Gamble] Thomas Weaver,
William Gearhart, , Jacob B. Weidman, •
David - Gilmore, 1 ' R. G: White,
Virgil Grenell, ' Geo. W. Woodward,
William L. Harris, R. Young,.
Thomas Hastings,; i
-
(Attest,) S. Suoon, Secretary . j
Smetana !
G. L.I Asiii Fsve, 3 . , lstan .l• ...
.
J. WIILIA2/44, .
SECRETARY'S OFFICE, .
. • HAIiIIUSBUBLO,YLBIiqI ASY 28, 18381
c i n
- I certify, that the foregoing is an exact and literal
copy of 4, the Constitution of the 0 'nunonwealth of
Pennsylvania as amended by, the ' 'ventioo of out
thousand eight hundred and thirty-seven-thirty
eight," deposited in this office on the 26th day of
February, 1838 ; the dm'ettliment, t . being in Mai;
and the retained fnartionsof the present Constitte
tit:Min rtMum letter. . , I
THO. H. BURROW - F.S, -
Sec'y of the Commonweal , h.
cunveption.liav
t
ary, ,krino.Porn
and thirty-.eio;
Ilk* United Sta
4
ge Home Manufacture
~Encou
Confecti i nary Illatinfactory.
Iry EIE subsc iber respectfully stnnounees to the
l e
.-,
public lb. the his co ntenced. the Menefee • .
tare of Confec ionary in a its various 'branches,
at his Store i Centre Str t, neirly.-Opcwite the
ti
Pottsville Ho • e, where nfedionera and. oth.
era can - alway be euppfie4l.wholiesale and retail',
at the lowest hitadelphie cash 'prices.
C6untry *reliant' are • respectfully solicited
to call and examine his stock before purchasing
elsewhere. 1 -
nov 4
1, , I
-. PF . RIM t Arj, CO.
ME • CERS 4i,. TAILORS,
(FoTierty Parke} & Viilliama,)
IMAVE removed on the opposite aide of Centro
m-o-Street, a few doors above Norwegian Sued
where. theydrer for Bala a select lasorttnent o,
Superfine Sr 'ad Cloths 1 and Oassimerea of the
most fashionable colors,! with an elegant retort.
meat of Somener Qloths, Vestiges, Luricn 'hind 'Cot.
tog. Shirt., C Bars,. lksoine,, Stacks. Gloves, Sos.
pendera, line and cotton Hose i , and all kinds of
Gentlemen's 'wearing apparrel, which will be
made to order to the most appn:Wed style is to the
workmanshiP„ and warranted Flo fit ego:tato any
in the City of elsewhere. . t
P. S. P. dr. Co. keep On he an excellent as
sortment of 'ready - made Cl othi ng of all kinds,
which will b sold at very lb rates. -,
jane 17 -
Danvill
le and. Pottsville Rail
,toad Company.
Jlanonat meeting of the stockholders and
21 election for President, ten :Masi - ger* and
Treasurer, serve the above CompanY for The
'ensuing Yea - will be held on MendaY Me 746 day
of May nest between the hours of d and 6 o'clock
P. Itt.'at th office of the SchU r ylkill Navigation
Company: 8. B. CARPENTER, Trewrer.
SIS-1
a pfil 14
WholOak slid fetal Intrd-
ware Store. • • _
, •
OLLOCK & i'VEAVER hirejuit received in ad
dition to their former stock tifilaydware
M ous elolesnirili,springkefdfrinea,pat%olish'd
strew plates. warranted :cast Steel lats. b ad ores,
nand do. hatebets,bammtra, Beatty & & Meth adzes.
socket and firmer chiseLs4 drawing kniies,blackamah.
bellowi. cut & wro't naill.4, 4 / 1 ..5 & 6 in. cast)4ikel.
single, cut and double plsne irons acid plane's, assorted
locks, latches, hipline ' 1 serOlves, maid and square
bola, atcel, plated and iii n.aqtutres.
All of which are offered . on the Most act ommodat
Feb 18 14
2714 k
ISq k do Suitable fir Screening Coal.
. AU the Jun , has. countersunk boles, and is on
at an Ogle of 45 degrees •at the ends. Splienig
Vlore' Anil Spikes to Sent the abase.
. • A:-&.G. RALSTON as. Co.
, No. 4 South Profit Minuet; Philadelphia.
Philadelphia, gaged 15,10 e. 21-tf
al
YO IN S . :C. MARTIN
50-tt