MM 6) PIKE, Editor and Publisher. 'HI If A FKBBXAX WHOM THI TRUTH MASKS TURK, AXD ALL AHB SLATEa BK6IDB. Terms, S2 per yecr In advance. VII. EBENSBURG, PA., FRIDAY, NOTEMBER 28, 1873, NUMBER 44. : w-- ' " i u- . - -- am J. 'irt srrirrurrjtolv- I roiistitHt'"" proposed to the , ("-. rural or rejection. . W fIJ 'fM . - - -- . 'fftel'oHttitutional Convention. I ...i hy .irOer III me r-ccrrirj Ol kill-" ' .... ;inHnillli. In pnrintnceor Is' .!.. Hon of nn Ae r the Uen I". 'iWmblT. eiU'tleel "An Art to kr id lor calling; ( KnTenllOB to r"" j ih- (onsliiuiion." npprorttl riiU d..J of April, A. D. 17. pj'.KAMBLE. the neo'! 'f the Commonwealth of lu,,ia. gi .telul to Almighty God for 'isiiCs"f , iv'1 and r'giou" liberty, 1 . '. ;.'..Litt(T Hilt 0-lliHanc do or- AKTICLE I. JiEfLA NATION OF RIOHT8. ... ,m , crt-it and essential nrln- tiiCtr T aim live U Cl IllUCIlk uiaj- . rir(i ami unalterably estaousnea, l--i-.. - ' .,-vi. Ali men are Dorn equally iree . ...Lut ami ViavA certain mhriti -VfiMi'ir riuinw, niuuiiK nuitu am JJ i l: I : i . , fuji-y ii'jj anu ueieiuiiug 1110 na ,,f . iiinriiiK, possessing ana pro- i "z'jwprrty .iiii I reputation, and of pur- ihcircwii happiness. ' .r All power is inherent in the peo- I uiil" fr- governments are founded ?;r;ithonty and instituted for their J ftuV'y ami happiness. For the ad- j mriit of ili-"se ends they have at all Lja inil'.ci.alile and indefeasible right r, rfiVrm i.r aUdish their government h u anu ! as they may think proper. -. 3. All lH' ii havo a natural and inde ;e riUt tn worship Almighty God ac--g to thi 'lit tates of their own con es: no man an of right be compelled ' -nit. -rf t "i support any plate of wor- nr lo maiiit.iin any ministry against j,M:t ; no human authority can, in , isi ul, sti ver, ciintrolor interfere with h; of i i i.M ii-ni-e, and no prefereuoe ve: ! civi-n by law to any religious ...'iL.iNit niide.s or worship. . 4. No i-rs' it who acknowledges the of i). 4 ;nl :i future state of rewards ' 1) nii?liii''ti' shnl!, on account of bin re- Ii srti'.itnvi.ts, be disiualified to hold irfire or i.'.n o of trust or proflt under ro;jriMrj iren ! li. : .V Kin tii.im nhall le free and equal : . fnvcr. ( ivil or military, shall at any .vriVri- t im'vent the free exercise of I'fMitiV.ijre. c T i i . t ; liy jury shall hn ns hereto- : :! tl, riht thereof remain inviolate. 7. T!,o irinting press shall be free to vrsioi wlio may undertake to exam - pro, i i-dings of the legislature or ta. h cf government, and no law shall nia.it- to restrain the right thereof. i oiiunnnication of thoughts and is one of the invaluable rights of every citizen may freely speak, i print on any subject, being re for the abuse of that liberty. No n shall be bad in anv prosecution 1'iiblicattim of papers relating to the lmuot or othcers or men in public or to any other matter proper for nvestigatiou or information where t that such publication was not ma- jsly or negligently made shall lie estau ; I to the satisfaction of the jury ; and iu JiVtfilents for libels the jury shall have t fodetermine the law and the facts, i the direction of the court, as in other it s The people shall be secure in their . houses, papers and possessions, jpr.tireasottablM searches and seizures, t'untTAiit to arch any jilaive or to t ". v person or things, shall issue with Sf. r; iiing them as noarly as may lie, nor a t !nnable cause, supported by oath li'i-viou, subscribed to by the affiant. a. In all criminal prosecutions the ! li i:li a right to be heard by himself S' iw.tisel, to demand the nature and f tli accusation against him, to meet .' (see to face, to have compul- J-x-o-.- f 'r obtaining witnesses iu his and in prosecutions by indictment or i'.i"ti, : speedy public trial by an itn- tinry nf the vicinage ; he cannot bo mI t.i ive evidence against himself, : li t i .Icprireil of his life, liberty, or nn'.oss by the judgment of his I ; tit law ol" the laud. 1 V. Nil person shall for any indicta r:! iiroi eeded atrainat criminal! v. "rvicii, except in cases arising in lor naval forces, or iu the militia, " vual scrvi-e, in time of war or 'v. ecr. r bv leave of the court, for '.mi or iiiiKilenieanor in office. No f ii'.l fiTthe same offense lie twice I i"l'r.iv of life or limb; nor shall f ' rr ' lcrty be takeu or applied to pub f ;:h"iii autliority of law, and with- C' tnponaation being first made or U All r.v.rls shall be open ; and &m for an injury done him in his '"'. i.-t3on, or reputation, shall Miiy hv due course of law. and f "d j'.:tji administered without sale. r iU;,iy. Suits may be brought ;s Cotiiinoii wealth in such manner, mrts. A'Ml in such cases as the Leg- aiy hy Uw direct. - No power of suspending laws 'iT-'ifO'ii unless by the Legislature :h' r;y. Kx -Hive bail shall not be re- exi f-ssive fines imposed, nor '-!hinMs inflicted. A'.l prisoners shall lie bailable by I'i 'rrti-'i, unless for capital offenies, prooi is f-vi.lnt or nrnaumntion J uj th- privilege of the writ of r.cri-'Js W not be susiwndad. un- '" t.i-! of rebellion or invasion u 'y may require it. !', '"'' " mission of oyer and term- ' Tlii- puriton of a debtor, where r'"' str.m presumption of fraud, , - kliU ui lieu i rm V, !' "url; inanuer as shall be pre- i e lor the benefit of ins r,x 1 OST rACTO law, nor any iir't1"'8 ' "''Hzation of contracts. N'o e any grant of special !" or i it. N ""iimmies, shall be passed l--on shall be attainted of .,, " nits legislature. Cl'IOwl.. .1. -T t 1 f .' rpi auring me jue or .h ' 'r!"' of estate to the Com- str.!. ii' ;',T-iIft (f ch persons as 1 n . .. . .... '1 OWIl IVIil k ha I .luu..unH '.K,n natural death, and If "Oil 1. V killed by casualty, .'"nature by reason TV oi,-- us hare a right in a assemble together for Jm'.,u R-skI. "ti l to apply to thosA nif ai... '"' of government for M-titi,,, otl""- proper pur- rfl iciiitiiiBilaiivv. "i " ltizensui bear arms lve ati.i the State shall tinh.,1 M W.r'aT",,nt arn'y 111111, in time 'stiiri. . i,h"111 consent of n'l the mi I it.. .u.n ;n '"m;-. " ',,u". in strict aub- i tor. rr sbaU i b tim f peace be quartered in any house without the con sent of the owner, nor in time of war but in a manner to be prescribed by law. Sec. 24. The Legislature shall not grant any title of nobility of hereditary distinc tion, nor create any office the appointment of which shall be for a longer term than dur ing good behavior. Sec. 25. Emigration from the Stat shall not le prohibited. Sec. 26. To guard against transgressions of the high powers which we" hare dele gated, we declare that everything in this ar ticle is excepted out of the general powers ot government, and shall forever remain in violate. ARTICLE II. TUX LEGISLATURE; Section 1. The legislative jiowef of this Commonwealth shall be vested in a General Assembly, which shall consist of a Senate and a House of Representatives. Sec. 2. Members of the General Assem bly shall be chosen at the general election every second year. Their term of service shall begin on the first day of December next after their election. Whenever a vacancy shall occur in either House, the presiding officer thereof shall issue a writ of election to fill such vacancy for the remainder of the term. Sec. 3. Senators shall be elected for the term of four years and Representatives for the term of two years. Sec. 4. The General Assembly shall meet at twelve o'clock noon, on the first Tuesday of January every second year, and at other times when convened by the Governor, but shall hold no adjourned annual session after the year ono thousand eight hundred and seventy-eight. In case of a vacancy in the office of United States Senator from this Commonwealth, in a recess between ses sions, the Governor shall convene the two houses by proclamation on notice not ex ceeding sixty days to fill the same. Sec. 5. Senators shall be at least twenty five years of age, and Representatives tweii-ty-one years of age. They shall have been citizens and inhabitants of the State four years, and inhabitants of their respective districts one year next before their election (unless absent on the public business of the United States or of this State), ami shall re side in their respective districts during their terms of service. Sec. 6. No Senator or Representative shall, during the time for which he shall have len elected, le appointed to any civil office under this Commonwealth, and no member of Congress or other person holding any office (except of attorney-at-law or in the militia) under the United States or this Commonwealth shall lie a nieinlier of either house during his continuance in office. Sec. 7. "o person hereafter convicted of einWzzlemetit of public moneys, briliery, perjury or other infamous crime, shall be eligible to the General Assembly, or capa ble of holding any office of trust or profit in this Commonwealth. Sec. 8. The members of the General As sembly shall receive such salary and mile age, for regular and special sessions as shall be fixed by law, ami no other compensation whatever, whether for service upon commit i tee or otherwise. No member of either house shall, during the term for which he may have lieen elected, receive any increase j of salary, or mileage, under any law passed ! during such term. ! Skc. . The Senate shall, at the beginning and close of each regular session and at such other times as may be necessary, elect one of its members president pro tempore, . who shall perform the duties of the Lieuten- I ant Governor, in any case of absence or disa bility of that officer, and whenever the said ' office of Lieutenant Governor shall bo va cant. The House of Representatives shall elect one of its members as Speaker. Each ' house shall choose its other officers, and shall judge of the election and qualifications of its members. Sec. 10. A majority of each Houso shall constitute a quorum, but a smaller number may adjourn from day to day, and compel Mie attendance of absent members. . Sec. 11. Each house shall have power to ' determine the rules of its proceedings and punish its members or other persous for con tempt or disorderly behavior in its presence, i to enforce ohedience to its process, to pro tect its niemVrs against violence, or offers of bribes or private solicitation, and with the concurrence of two-thirds, to expel a member, but not a second time for the same j cause, and shall have all other powers neces I saryforthe legislature of a free State. A 1 memlier expelled for corruption shall not , thereafter be eligible to either house, and punishment for contempt or disorderly 1j havior shall not bar an indictment for the same offense, j Sec. 12. Each house shall keep a journal of its proceedings, and from time to time publish the same, except such parts as re quire secrecy, and tho yeas and nays of the members on any question shall, at the desire of any two of them, be entered on the Journal. I Sec. 13. The sessions of each house and of committees of the whole shall be open, un less when the business is such as ought to be kept secret, j Sec. 14. Neither house shall, without the ' consent of the other, adjourn for more than j three days, nor to any other place than that I in which the two houses shall h sitting. I Sec. 15. The members of the General As sembly shall in all cases, except treason, felony, violation af their oath of office, and breach or surety of the pea?e, be privileged from arrest during their attendance at the sessions of their respective houses, and in going to and returning from the same ; and fVtr inv Rnflflrh or debate in either house j they shall not be questioned in any other j P'sc. 16. The State shall be divided Into fifty Senatorial districts of compact and con tiguous territorv, as nearly equal in popula- ' tion as may be, and each district shall be en titled to elect on Senater. Jacu roiioiy containing one or mora ratios of population shall be entitled to one Senator for each ra tio and to an additional Senaor for a sur plus of population exceeding three-fifths of a ratio : but no county shall form a separate district unless it shall contain four-fifths Oi a ratio, except where the adjoining counties are each entitled to one or more Senators, when such county may be assigned a St"n tor on less than four-fifths, and exceeding one-half of a ratio, and no county shall be divided unless entitled to two or more Sena tors. No city or county shall lie entitled to separate representation exceeding one-sixth of the whole numberof Senators. No ward, borough, or township shall be divided m the formation of a district. The Senatorial ra tio shall bo ascertained by dividing the whole population of the State by the num ber flftv. , Sec. i7. The members of the House or Representatives shall be apportioned among the several counties, on a ratio obtained by dividing the population of the State as as certained by the most recent Uuited States census by two hundred. Every county con taining less than five ratios shall have one representative for every full ratio, and an additional representative when the surplus exceeds half a ratio ; but each county shall have at least one representative. Every county containing five ratios or more shall have one representative for every full ratio. Every city containing a population equal to a ratio shall elect separately its proportion of the representatives allotted to the county in which it is located. Every city entitled to mora Xhxu font representatives, and every county having over one hundred thousand inhabitants, shall be divided irto districts of compact and contiguous territory, each district to elect its proportion of representa tives according to its population,- bat no dis trict shall elect more than four representa tives. Sec. 1B. The General Assembly at its first session after the adoption of this constitu tion, and immediately after each United States decennial census, Shall apportion the State into Senatorial and Representative districts agreeably to the provisions of the two next preceding sections. ARTICLE III. LEGISLATION. Section 1. No law shall lie passed except by bill, and no bill shall be so altered or amended on its passage through either house as to change its original purpose. Sec 2. No bill shall be considered unless referred to a committee, returned therefrom, and printed for the use of the members. Sec. 3. No bill, except general appropria tion bills, shall be passed, containing more than one subject,- which shall be clearly ex pressed in its title. Sec. 4. Every bill shall be read at length on three diffeient days in each house ; all amendments made thereto shall be printed for the use of the members before the final vote is taken on the bill, and no bill shall become a law unless on its final passage the vote be taken by yeas and navs, the names of the persons voting for and against the satae be entered on the journal, and a ma jority of the members elected to each house be recorded thereou as voting in its favor. Sec. 5. No amendment to bills by one house shall be concurred in by the other, except by a vote of a majority of the mem lier s elected thereto taken by yeas and nays, and the names of those voting for and against recorded upon the journal thereof ; and re ports of committees of conference shall be adopted in either house only by the vote of a majority of the members elected thereto, takeu by yeas and nays, and the names of those voting recorded upon the journal. Sec. 6. No law shs.ll be revived, amended, or the provisions thereof extended or con ferred by reference to its title only, but so much thereof as is revived, amended, ex tended, or conferred, shall be re-enacted and published at length. Sec. 7. The General Assembly shall not pass any local or special law; Authorizing the creation, extension or im pairing of liens; Regulating the affairs of conn ties, cities, townships, wards, boroughs, or school dis tricts; Changing the names of persons or places Changing the venue in civil or criminal cases; Authorizing the laying out, opening, al tering, or maintaining roads, highways, streets, or alleys; Relating to ferries or bridges, or incorpo rating ferry or bridge companies, except for the erection of bridges crossing streams which form boundaries between this and any other Stat'; Vacating roads, town plats, streets or al leys; Relating to cemeteries, graveyards or pub lic grounds not of the State; Authorizing the adoption of or legitima tion of children; Locating or changing connty seats, erect ing new counties, or changing county lines; Incorporating cities, towns, or villages, or changing their charters; For the opening and couducting of elec tions, or fixiug oi changing the place of voting; Granting divorces; Erectiug new townships or boroughs, changing towuship lines, borough limits, or school districts; Creating offices, or prescribing the powers and duties. of officers in counties, cities, bor oughs, townships, election or school districts; Changing the law of descent or succession ; Regulating the practice or jurisdiction of, or changing the rules of evidence in any judicial proceeding or inquiry before courts, aldermen, justices of the peace, sheriffs, commissioners, arbitrators, auditors, mas ters in chancery, or other tribunals, or pro viding or changing methods for the collec tion of debts, or the enforcing of judgments, or prescribing tho effect of judicial sales of real estate ; Regulating the fees, or extending the powers and duties of aldermen, justices of the peace, magistrates, or constables; Regulating the management of public schools, the building or repairing of school houses, and the raising of money for such purposes ; fixing the rate of interest; Affecting the estates of minors or persons under disability, except after due notice to all parties in interest, to bo recited in the special enactment ; Remitting fines, penalties and forfeitures, or refunding moneys legally paid into the Treasury; Exempting property from taxation; Regulating labor, trade, mining, or manu facturing; Creating corporations, or amending, re newing, or extending the charters thereof; Granting to any corporation, association, or individual any special or exclusive privi lege or immunity or to any corporation, as sociation or individual the right to lay down a railroad track. Nor shall the General As sembly indirectly enact such special or local law by the partial repeal of a general law, but laws repealing local or special acts may be passed. Nor shall any law be passed granting powers or privileges in auy case where the granting of such powers and priv ileges shall have been provided for by gen eral law, nor where the courts have juris diction to grant the same or give the relief asked for. Sec. 8. No local or special bill shall be passed unlusa notice of tho intention to ap ply therefor shall have been published in the locality where the matter or the thing to be affected may be situated, which notice shall be at least thirty days prior to the introduc tion iuto the General Assembly of such bill, and in the manner to be provided by law ; the evidence of such notice having been pub lished, shall bo exhibited in tho General Assembly before such act shall be passed. Sec. 9. The presiding officer of each houso shall, in the presence of the house over which he presides, sign all bills and joint resolu tions passed by the General Assembly, after their titles have been publicly read immedi ately before signing, aud tho fact of signing shall be entered on the journal. Sec. 10. The General Assembly shall pro scribe by law the number, duties and com pensation of the officers and employees of each house, and no payment shall be wade from the State Treasury, or be in auy way authorized to any person, except to au act ing officer or employee elected or appointed in pursuance of law. Sec. 11. No bill shall be passed giving any extra compensation to auy public officer, servant, employee, agent or contractor, af ter services shall have been rendered or con tract made, nor providing for the payment of any claim against the Commonwealth, without previous authority of law. Sec. 12. All stationery, printing, paper, and fuel used in tho legislative and other departments of government shall bo furnish ed, and tho printing, binding, and dis tributing of the laws, journals, department reports, and all other printing and binding, and tho repairing and furnishing the halls .n.i moms used lor the meetings of the Gen- ! eral AaeroblT and its committees, shall bo performed under contract, to be given to the lowest responsible bidder below such maxi mum price aud under such regulations as shall be prescribed by law ; no member or officer of any department of tho government shall be in any way interested in such con tracts, and all such contracts shall be sub ject to the approval of the Governor, Audi tor General aud State Treasurer. Sec. 13. No law shall extend tho term of any public officer Or increase or diminish his salary or emoluments after his election or appointment. Sec. 14. All bills for raising revenue shall originate iu tho House of Representatives, but the Senate may propose amendments as in other bills. Sec. 15. The general appropriation bill shall embrace nothing but appropriations for the ordinary expenses of the executive, legislative and judicial departments of tho Commonwealth, interest on the public debt, and for public schools ; all other appropria tions shall lx) made by separate bills, each embracing but one subject. Sec 16. No money shall be paid out of the Treasury except upon appropriations made by law and on warrant drawn by tho proper officer in pursuance thereof. Sec. 17. No appropriations shall be made to any charitable or educational institution not under absolute control of the Common wealth, other than normal schools establish ed by law for the professional training of teachers for the public schools of the State, except by a vote of two-thirds of all the members elected to each house. Sec. 18. No appropriations except for pen sions oi gratuities for military services shall be made for charitable, educational or be nevolent purposes, to any person or commu nity, nor to any denominational or sectarian institution, corporation or association. Sec. 19. The General Assembly may make appropriations of money to institutions wherein the widows of boldiers are support ed or assisted or the orphans of soldiers are maintained and educated ; but such appro priation shall be applied exclusively to the support of such widows and orphans. Sec. 20. The General Assembly shall not delegate to any Special commissiou, private corporation or association, any power to make, supervise, or interfere with any mu nicipal improvement, money, property or effects, whether held in trustor otherwise, or to levy taxes or perform auy municipal function whatever. Sec. 21. No act of the General Assembly shall limit the amount to lie recovered for injuries resulting in death, or for injuries to persons or propel ty, ami in case of death from such injuries, the right of action shall survive, and the General Assembly shall prescribe for whose benefit such actions shall be prosecuted ; no act shall prescrilm any limitations of time within which suits may be brought against corporations for injuries to prisons or property, or for other causes different from those fixed by general laws regulating actions against natural iktsoub, aud such acts now existing are avoided. I Sec. 22. No act of tho General Assembly shall authorize the investment of trust funds by executors, administrators, guardians, or other trustees, in the bonds or stock of any private corporation, and such acts now ex isting are avoided, saving investments here tofore made. Sec. 23. The power to change the venue in civil and criminal cases shall be vested in tho courts, to be exercised in such man ner as shall lie provided by law. Sec. 24. No obligation or liability of any railroad or other corporation, held or owned by the Commonwealth, shall ever be ox changed, transferred, remitted, postponed, or in any way diminished by the General Assembly, nor shall such liability or obliga gation be released, except by payment thereof into the State Treasury. SEC. 25. When the General Assembly shall be convened in special session, there shall be no legislation upou subjucts other than those designated in the proclamation of the Governor, calling such session. Sec. 26. Every order, resolution, or vote, to which the concurrence of both houses may be necessary (except on the question of adjournment) shall le presented to the Governor, aud before it shall take effect bo approved by him, or being disapproved, shall be repassed by two-thirds of both houses, according to the rules and limitations prescrilieu in case of a bill. Sec. 27. No State office shall 1m continued or created for the inspection or measuring of any merchandise, manufacture or commo dity, but any county or municipality may appoint such officers when authorized bylaw. Sec. 28. No law changing tho location of the capital of the State wLin.ll be valid until the same shall have Ixten submitted to the qualified electors of the Commonwealth, at a general election, and ratified and approved by them. Sec. 21). A member of tho General As sembly who shall solicit, demand, or receive, or consent to receive, directly or indirectly, for himself or for another, from any compa ny, corporation, or person, any money, of fice, appointment, employment, testimonial, reward, thing of value or enjoyment, or of personal advantage or promise thereof, for his vote or official innuence, or tor withhold ing the same, or with an understanding, ex pressed or implied, that his vote or official action shall be in any way influenced there by, or who shall solicit or demand any such money or other advantage, matter, or thing aforesaid for another, as the consideration of his rote or official influence, or for with holding the same, or shall give or withold his vote or influence in consideration of the payment or promise of such money, advan tage, matter, or thing to another, shall be held guilty of bribery within the meaning of this Constitution, aud shall incur the disa bilities provided thereby for said offense, and such additional punishment as is or shall be provided by law. Sec. 30. Any person who shall, directly or indirectly, offer, give, or promise any money or thing of value, testimonial, privi lege, or personal advantage, to anj execu tive or judicial officer or member of theGen eral Assembly, to influence hiin in the per formance of any of his public or official duties, shall be guilty of briliery, and be punished in such manner as shall be provi ded by law. Sec. 31. The offense of corrupt solicitation of memliors of the General Assembly or of public officers of tho State, or of any muni cipal division thereof, and any occupation or practice of solicitation of such members or officers, to influence their official action, shall be defined by law, and shall lie pun ished bv fine and imprisonment. Sec. 32. Any person may lie compelled to testify ia anv lawful investigation or judi cial pr ceding, against any person who may be t hrgl with having committed tho offense of britwry or corrupt solicitation, or practices of solicitation, and shall not bo jer mitted to withhold his testimony upon the ground that it may criminate himself or snl ject him to public infamy ; but such te.sli roonv shall not afterwards bo used against him in any judicial proceeding, except for perjury .in giving such testimony, and auy person convicted of either of tho offenses aforesaid, sha'.l, as part of the punishni.-i.t therefor, bu disqualified from holding any office or position of honor, trust or proflt in this commonwealth. Sec. 33. A member who has a personal or private interest in any measure or bill proposed or pending before the General A s umklr aristl 1icloia the fact to the honso 1 of which ho is a member and shall not vote thereon. ARTICLE IV. THE KXECTJTIVK. SECtl6Sr i: Tho Executive Department of this Commonwealth shall consist of a Gov ernor, Lieutenant Governor. Secretary of i- i . . . ... . - . hib uunimunweaiio, Attorney ueneral, Au ditor General, State Treasurer, Secretary of Internal Affairs, and a Superintendent of Public Instruction. Sec. 2. The supreme executive power shalt bo vested in the Governor, who shall tako care that the laws be faithfully executed; he shall bo chosen on the day of the general election by tho qualified electors of the Com monwealth, at the place where they shall vote lor Representatives. The returns of every election for Governor shall lie sealed up and transmitted U- the seat of govern ment directed to the President of the Senate, who shall open and publish therrt in tho pres ence of the members of both houses of tho General Assembly. The person having the highest number of votes shall le Governor, but if two or more bo equal and highest in votes, one of them shall be chosen Governor by the joint vote of the members of both houses. Contested elections shall bo deter mined by a committee, to lie selected from both houses of the General Assembly, and" formed and regulated in such manner as shall be directed by law. Sec. 3. The Governor shall hold his office during four years from the third Tuesday of January next eusuing his election, and shall not bo eligible to th office for the next suc ceeding term. Sec. 4. A Lieutenant Governor shall bo chosen at the same time, in tho same man ner, for the same term, and subject to the same provisions as tho Governor ; he shall be president of the Senate, but shall have no vote unless they lie equally divided. Sec. 5. No person shall bo eligible to tho office of Governor or Lieutenaut Governor except a citizen of tho United States, who shall have attained the age of thirty years, and hye been seven years next preceding his election an inhabitant of the State, un less he shall have been absent on the public business of the United States or of this State. Sec. 6. No member of Congress or person holding any office under th United States or this State shall exercise the office of Gov ernor or Lieutenant Governor. Sec. 7. The Governor shall be commander-in-chief of the army and navy of the Com monwealth, and of the militia, except when they shall be called into tho actual service of the United States. Sec. 8. He shall nominate, aud by and with the advice and consent of two-thirds of all the memliers of the Senate, appoint a Secretary of the Commonwealth and an At torney General during pleasure, a Superin tendent of Public Instruction for four years, and such other officers of the Commonwealth as ho is or may be authorized by the consti tution or by law to appoint ; he shall have jiower to fill all vacancies that may happen in offices to which he may appoint during the recess of the Senate by granting com missions which shall expire at the end of their next session ; he shall have power to fill any vacancy that may happen during the recess of the Senate, in the office of Au ditor General. State Treasurer, Secretary of Internal A flairs or Superintendent of Pub lic Instruction, in a judicial office, or in any other elective office which he is or may be authorized to fill : If the vacancy shall happen during the session of the Senate, the Governor shall nominate to the Senate, liefore their final adjournment, a proper person to fill said va cancy. Uut in any such case cf vacancy, in any elective office, a person shall be chosen to said office at the next general election, un less the vacancy shall happen within three calendar months immediately preceding such election, in which case th election for said office shall bo held at the second suc ceeding general election ; In acting'oii Executive nominations, the Senate shall sit with open doors, and in con firming or rejecting the nominations of the Governor, the vote shall be taken by yeas and uays, and shall be entered on the journal. Sec. 9. He shall have power to remit fines and forfeitures, to grant reprieves, commu tations of sentence and pardons, except in cases of impeachment, but no pardon shall be granted, nor sentence commuted, except upon the recommendation in writing of the Lieutenant Governor, Secretary of the Com monwealth, Attorney General and Secretary of Internal Affairs, or any three of them, after full hearing, upon due public notice and in open session, and such recommenda tion, with the reasons therefor at length, shall be re;orded and filed in the office of the Secretary of the Commonwealth. Sec. 10. He may require information in writing from the officers of the Executive Department, upon any subject relating to the duties of their respective offices. Sec. 11. Ho shall, from time to time, give to the General Assembly information of the state of the Commonwealth, and recommend to their consideration such maasuros as he may judge expedient. Sec. 12. He may, on extraordinary occa sions, convene the General Assembly, and in case of disagreement between the two houses, with respect to tho time of adjourn ment, adjourn them to such time as he shall think proper, not exceeding four months. He shall have power to convene the Senate in extraordinary session, by proclamation, for the transaction of executive business. Sec. 13. In case cf the death, conviction on impeachment, failure to qualify, resigna tion, or other disability of the Governor, tho powers, uuues, ana emoluments OI the ottico for the remainder of the terra, or until the disability bo removed, shall devolve upon the Lieutenant Governor. Sec. 14. In case of a vacancy in the office of Lieutenant Governor, or when the Lieu tenant Governor shall bo impeached bv tho House of Representatives, or shall bi un able to exercise the duties of his office, tho powers, duties, and emoluments thereof for the remainder of tho term, or until the disa bility be removed, shall devolve upon the President pro tempore of the Senate ; and the President pro tempore of tho Senate shall in like mannr becomo Governor if a vacancy or disability shall occur in the office of Governor ; his scat as Senator shall lie come vacant whenever he shall become Gov ernor, and shall be filled by election as auy other vacancy in tho Senate. Sec. 15. Every bill which shall have pass ed both houses shall be presented to the Governor; if be approve, he shall sign it; but if he shall not approve, he shall return it with his objections to tho house in which it shall have originated, which house shall enter the objections at large upon their journal, and proceed to reconsider it. If. after such reconsideration, two-thirds oL all the members elected to that house shall agree to pass the bill, it shall be sent with the objections to the other house, by which, likewise, it sliall be reconsidered, and if a proved by two-thirds of all the tnemlmrK elected to that house, it shall bo a law ; but in such cases tb votes of both houses shall be determined by yeas aud nays, and th names of tho members Toting for ami against the bill shall be entered on the jour nals of each house resjxx-ti velv. If anv bill shall not be returned by the Governor with in ten days after it shall have been pre sented to him, tho same shall be a law in like manner as if ho had signed it iinlesa tho General Assembly, bv their adjourn r?nirVpr!vent it" "fPturn. in which case it shall bo a imvr, unless he shall file the Mine, with his objection, ia the oflco of tlo Sec retary of the Commonwealth, and rive notice thereof t.y public proclamation within thirty days after sucb ailjourtiment. Sxc. 16. Th Governor shall hsvo power to disapprove of any item or item of any bill mak ing appropriations of money, embrscing- dis tinct turns, and the part or parts of the bill ap proved shall tie the law, and tho item or iterrts of appropriation disapproved shall be void.- iin loss repassed accordtnr to the rules ffrtd limita tions prescribed for the passafe of other bills Over the executive veto. Sec 17. Tho Chief Justice of tho Supreme Court shall preside upou (he trial of any con tested election of Onvernoi-or I.iautnnant Gov ernor, and shall decide questions reg-ardinr the admissibility of evidence, and shall, upon request of the committee, pronounce his opin ion upon other questions of law Involved in the trial. The Governor and Lieutenant Gov ernor shall exercle the duties of their respect ive offices until their successors shall bo duly qualified. 8rc. 18. The Secretary of the Commonwealth shall keep a record of all official acts and pro ceedings of the Governor, and when required lay the same, with all papers, minutes and voucher relating thereto before either branch of the General AsaemVly and perform mich other duties as may be ebjotned upon him by la-r, 8bc. 10. The Secretary of Interna! Affair shall exercise all the powers and perform all the duties of the surveyor General, sutiject to such change as shall be mad by law. His do- Am.nt . 1 1 1 in hra liliru. ii r,f Inilnclriul statistics, and he shall discharge such duties , relating- to corporations, to the charitable in- , titutions. the nsrricult oral, manufacturing-. : mining, mineral, timber, and other material or business interests of the State as may be pre- scribed by law. He shall annual)-, and at sucb ; other times aa may be required by law, make . report to the GTieral Assembly. Sic. SO. Tho Superintendent of rubllc In- 1 miction shall exercise all the power and per- . form all the duties of the Huneriutendent of , Common Schools, subject to eu;h change as shall be made hv law. Sec. 21- Tho tnn of tho Secretary or Inter- rial Affairs shall be four rears, of th Auditor General three years, and of the State Treasurer two rears. These o dicers shall be chosen by the qualified electors of the Slate at rencral election. No person rlec-ted to the office of Auditor Gcncrnl or State Treasurer shall bo capable of Ixddiiig the aama office for two const-cut ire, term. ... Sec 52. The present Great Seal of Pennsyl vania shall be th seal of the State. All commission shall be in the name and by authority of the Commonwealth of Pennsylva nia, and be scaled with the State seal aud sign ed by the Governor. AltTICLK V. THE JCDICtARV. Sacriox 1. The Judicial power of thl Com monwealth shall he vested in the Supreme Court, in courts of corvmon pleas, courts of oyer and tormlner and general Jail delivery, courts of quarter sessions of the peace.orphens' courts, magistrates' courts, and in such other courts a the General Assembly may from time to time establish. Sec. 2. The Supreme Court shall consist of seven Judges, who shall be -lected by the qual ified electors of the State at large. They shall hold their offices for the term of twenty-one years. If they so long behave themselves well, but shall not be again eligible. The judge w lions commission shall nrst expire shsll be chief Jus t ice. anil thereafter each judge whose commis- siou shall first expire shall in turn be chief jus tice. Sec 3. The jurisdiction of the Supremo Court shall extend over the State, and the judges thereof shall, by virtue of their offices, be Jus tices of orer and terminer and ireneral In 1 1 de livery in the several counties; they shall have j Orphans' Conrt shall be established, the Kepis original Jurisdiction in casesof injunction, mid ; ter of Wills shall be clerk of such court, and where a corporation is a party defendant, of . subject to its direction in all matters portaln- haboas corpus, or mash a Mrs to court or line- rior Jurisdiction : and of ouo warranto as to all officers of the Commonwealth whose Juris diction extends over tho State, but shall not exercise any other original jurisdiction; they shall have appellate jurisdiction by appeal. certiorari or writ of error in all cases, as is now or may hereafter be provided by law. Sec. 4. Until otherwise directed by law, tho courts of common pleas shall continue as at present established, except as herein changed ; not more than four counties shall, at any time, te Included In one judicial district organized for said courts. Sec. 5. Whenever a county shall contain forty thousand inhabitants it shall consul te a sepa rate judicial district, and shall elect one Judge learned in the law; and tho General Assembly shall provide for additional Judges, a the bus iness of the sold district may irqutre- Coun ties containing a population less than Is suffi cient to constitute separate districts shall bo formed Into convenient single districts, or. If necessary, may be attached to contiguous dis tricts as the General Assembly may provide. The office of associate Judge, not learned In tho law. Im abolished In counties tormina- separate districts; but the several associate judge in office when this Constitution shall be adopted ball servo for their unexpired terms. Skc. 0- In the counties of Philadelphia and Allegheny, all the jurisdiction and powers now vested in the District Courts and Court of Common Pleas, subject to such changes as my be made by this constitution or by law, shall to in Philadelphia vested in four, and in Alleghe ny iu two distinct and separate courts of equal and co-ordinate jurisdiction, composed of three judges each ; tho said courts tn rnuaoeipnia shall bo designated respectively as the Court of Common Pleas number one, Humbert wo. ntitn- ber threoand number four, and In Allegheny as tho Court of Common Picas number one and number two. but the tniintfcr of said courts may be bylaw Inci eased, from time to time, and shall lie in like manner designated by suc cessive numbers ; the number of Judges in any of said courts, or in any county whero the es tablishment of an additional court may be au thorized by law, may be increased from time to time: and whenever such increase shall amount in the whole to three, such three judg es shall compose a distinct and separate court as aforesaid, which shall be numbered asafore sitid. In Philadelphia all stilts shall 1e institu ted In the said Courts of Common Pleas, with out designating the nuinbor of said Court, and tbe several courts 6hali distribute and appnr- tion the business among theui in such tninner as shall be provided by rules of court, and each court to which any suit shnii be thus assigned 1 shall have exclusive jurisdiction tl-reof, snt Ject to change of venue, as shall be provide! J by law. In Allegh y each court shall have ; exclusive jurisdiction of all proceedings at Ijw and in equity commenced therein, suhjoct to change of venue as may bo provided by law. j Sue 7. For Philadelphia there shall bo ono Prothonotary' office, and one Prothonotary for all said courts, to be appointed hy the ; judges of said courU ,and to hold office for three years, subject to removal by a majority of tho , said Judges; the said Pmthonotary shall ap- ' point such assistants as maybe tiecossary and authorized by said courts, and he and his as- ; sistants shall receive fixed salaries, to bi? deter mined bv law and paid by said county: nil fees collected in said office, except such as may le hy law'due lo the Common wealth, shall bepatd bv tue'Prothonotary into the county treasury. Each court shsll have its separate docket.whiHi j shall contain the Judgments and liens of all the euid courts, as Is or may be directed by law. , Sec. 8. Tho said court in the counties of Phil adelphiaand Allegheny respectively shall.froin lime to time, in turn, detail one or more of . their juHre to hold tbe courts of Oyer and i Terminarand the courtsof Quarter Sessions of j the Peace of said counties iu such manner as nvtv be directed by law. ' Sec. 9. Judgesof the Courtsof Common Pleas 1 anted in the law shall bo Judges of the courts of Oyer and Terminer. Quarter Sessions of the Peace, and General Jail Ifelivery. and of the Orphans' Court, and within their respective districts shall be justices of the peace a to ctiininal matters. Sec. 10. The judges of tho courts of Common Pleiis, within their respective counties, shall have power to issue writs of ckktiori to jus tice's of the ncaccand other inferlorcourts not of re ord, and to cause their prncet ding to be br might before them and rl.fUt.iud Justice to be done. ."EC II. Kxcenl as otherwise provided Constitution, justices of the pence or aldermen hh ill lie elected ill the Feveral wards, d'atricie, b 'roughs and townships at the; time of tlie ilc tion of constable, by the qualified electors there, of. in such manner as shall directed by law; md !mll b? tunmtssiowi by theGoreriv-r f'r .. tCi iu of tivevnra. No township, ward, UBrrT..t -r -otisr!i shall ele -t more than IvrO lii'tice ot" the J pea-' or aldermen nitu'lt ine consent of a msjor- ity t Hie o'tnliii Ad electors within sn-h towislup, ward, r borough. o jrs n shall 1-e elected to ! such f fiioe unless he shall have r-sid.-d wi'liin U . townMiS boroiurh. ward or district fur one ar ' next preceding his leciim. In citlr; t! ut.'alnjTig ; over fifty thousand inhuhttnit. n il nt-ir.'tli;tf orb. j alderman shall be eleete.l in fwoii wsr, pe t-.itr c-. ; Sec 12. In PMid!n!ip I'-ere rha'l ho ef-'aiitifh-; e.l. for erudt thlery thousand inhabitants; one court ' not of rooord. of p .lire and ci. II causos. with jnt-is diction nut exceeding ono hii.idred .lo.Urs: such Courts shall Ik' liaJ.l bv iuagi-trates Wlioso term of OJBceahall he tire re-ft". a 'id ther aualt l -b:tt. e jeiara! ii Uet hy tlrj ju.Viti.il Tta it 1 t,s": and fti th elwtinn cf the said mssiitrstes no r--. wr shall vole for mnrnthat. two-thiMs ol the rinrr. I ber of prrMmi to bo rlerted, ch'-n more than ona are t' ' rhosn ; thry sha I bs competisrtC!l only hr ftx-vl salaries, to br paid by miri rountv : and sfisll exer-ie snvh Jnriadirtion. -tTii nl crimin' al. eTrept as b"iein provided, a U now excrruwd br aldermen, sulve-t to such changes, not inroW Ing an int-reas of civil jurisdiction or couferrin? political dmie. as may he ma te bv law. in 1 hli- adelphis the office of a'ldermsn is aboll.-bcrt, ! Skc 13. All fees, fines and penalties in srd J courts shsll lie paid into tlm co.unty tr-asury. vr.c. 14. In all caes of .ommary eonrictlon in ' this Commonwealth, or of JudRmrnt 1 suit tor a penalty lforoa maicist rate.or court not of record. , either " arty may appral to Mich court of record a ! may lx prescribed by laa. upon allowance of tha ! appellate, court or jnd'jre thcreof.upon can so shown. Src, IV All Indue, required to be learned in tha law. except the judges of the Supreme Court, mall lx- elected by the qia,U!iei electors oi u.e re spectiTe districts" over which thev are to preside, arrt shall hold the-ir ofbees ftr he period of ten veara. if they shall o orp behave themselves ofM; but f..r any reasonable cause, which shall not bo sufficient prouud for imp. sHimnt, the Governor may remove any Of them on th address of lo thirds of ach IiOum of th lienersl Aa-embiy. txc 10. WhOne two jidprff tha Saprems Court are to be tbo-SD f.-r the same term of w ie, each oter alinll line for i.iia only. mnH thro ara to be chosen. I.O shall Tote for tio 111. ire than two; candidates highest itt vote sha'l bo de- ! fhrnl eleetrd Sec. 17. Slio-ild any toor more JndVs of to Supreme Court, or any two or more Jn'ic.es o tho Court of Common Pl-a for the tame di-trict bo elected at the sam time, they shall, as soon af or the election as coaveok-nt. cast lots for priority of commission and certify tho result tcrthe tior ernor. who shall issue tUoir commission in ac cordance therewith. Hro. Is. The judges of thn Supreme Court and the fudge of the several CVnrts of fomfll in Pleas, and all other judges required to be learned Id the law. shall, at aia'ed t!tne, receive for their e'er Tfces an adeonate c iiirvonsntion. which shall bfl fixed bv law. and raid bv the State. They shall ; recei-e no other eomp n .i .ation, fews.or iierquisitcs of office for their services 'rum any sorrce n ir hold anv other office of on fit under the L'lllUd , Sint-, this State, or any o her State. Skc. 19. Thn judges of the Snnreme. Conrt, Vir ' Ing thelrcontiuusllce in offlire, slmll resiuo wl: hill thm 'Vmmvnweal'h. and tho othvr judges, during .' their continuance in office, sha'l reside within ! the districts for which they shall bo respectively 1 elected. Sec.). Tho several Courts of Common M-ss lsidea tho power herein conferred, shall have ' and exercise within their resjective district, sub : Ject to such chnfs as mv lie made by law. aurh l chancery powers as af mi vested by Ja' in tho j several IXiUrts of Common Pb'i of this Ct tnmi n j -! h. or ai may l.or afier be conferred upon J them by law. ; ic 21. 5 if duties shsll lie imposed by law Cpon tho ciuproine Court or any of the jiidzc thereof, eic-'t t such as sro judicial nor Khali any of the Judgoa thereof -xrcise any power of appoint ment exc-pt as herein provided. The Court of Nisi Prius is hereby al olished, and no conrt of original jurisdiction to bo presided over by any j one or more of tho Judges of tho Supreme Court . shall b established. Stc. T!. In every county wherein thepopula tion shall exceed one hundred and fifty thou ; sunj the General Assembly shall, and in any ' other county mny. establish a separate Or i phaiis' Court, to consist of one or more judge who shall t learnen tn tne law. which court j shall oxerclse all the jurisdiction and powers. now vested in, or which may hereafter lie con ferred upon, the Orphans' Courts, and there upon the jurisdiction of the Judges of the Court of Common I'leas within such county, In Or phans' Court proceedings, shall cease and de termine: in any county In which a separate ingto iiisotnce; ne may appoint assistant civrns but only with the consent and approval of said court. All accounts tiled with him as register or as clerk of the said separate Orphans' Court shall be audited by the court without expense to parties, except where all parties in Interest in a pending proceeding shall uominate an au ditor whom the court may. In its discretion, appoint- In every county Orphans' Courts shall possess all the powers and jurisdiction of a Heglster's Court, find separate Kcgistcrs' Courts are hereby abolished. Sec. KL Thb style of all process shall bo "Tho Commonwealth of Pennsylvania." All prose cutions shall be carried on In the name and by the authority of the Commonwealth of Penn sylvania, and conclude Htfalnst the peace aud dignity of the siiuie. Skc. 24. In all cases of felonious hnmicldo, and In such otli r criminal cases a may be pro vided for by law. the accused, after conviction and sentence, may remove the Indictment, re cord, and all proceedings to tho Supreme Court for rexMew. Sec. 25. Any vacancy happening by death. resignation, or otherwise. In any court of re I cord, shall be filled bv appointment bv th Gov I ernor, to continue till the first Monday of Jan nary next succeeding the first general election, which shall occur three or more months after the happening of such vacancy. Sec. 24. All laws relating to courts shall bo a-eneral and of uniform operation, and tho or- j ganizatlon. Jurisdiction and powers of all loiins ' of the same class or grade, so far as regulated ) by law. and the force and effect of the process ( and Judgments of such courts shall be uniform: : and the General Assembly Is hereby prohlbltod from creating otln-r courts to exercise tho powers vested by this Constitution in the judj of the Courts of Common 1'leasand Orphan in tbe Judg- Conrta. Skc. 27. The parties, by agreement filed, may. In any civil case, dispense with trial by jury, and submit the decision of such case to the court having Jurisdiction thereof, and such court shall hear and determine the same; and the judgment thereon shall be subject to writ of error as in other cases. ARTICLE VI. 1MPEACB1IEMT A!tD REMOVAL FROM orFICS. Z Sf.ctiosj i. The House of Representatives hall have the solo power of impeachment. Sec. 2. All Impeachment shall bo tried by tho Senate: when sitting for that purKse, tho Senators shall he upon oath or affirmation; no person shall bei convicted without the concur- i renoe of two-third of tho members present. Sec. 3. The Governor and all other civil offi cers shall be liable to tmpemchment for any mis demeanor In offleo. but Judgment in such wises shall not extend further than to removal from office and disqualification to hold any office of trust or profit under this Commonwealth; the person accused, whether convictHd or-acqiiit-ted. shall nevertheless be liable to Indictment, trial. Judgment and punishment according to law. Sac. 4. All oflUonr-i shall hold their office on the condition that they behave themselves well while In office, and shall be removed on convic tion of misbehavior tn office or of any infa mous crime. Appointed officer other than Judges of tho cwrts of record and tho Superintcndont of Public; Instruction, may rcmiivwl at tho leoaiireof the power by which they thsll hs-e bcon appointed. All officer elocted by the Itcople. except Governor, Lieutenant Gover nor, member of the General Assembly, and Jt'dge of the courts .-f record, learned in tho law, shall be removed by the Governor for rea sonable cans., after duo notii-eand full hear lug, on the address of two-thirds of the Senate. ARTICLE VI L. OATH OF OFFICE. SFTfn 1. Senators and Representative and all judicial. State, and county officers, shall, be fore) onterlng on the duties of their respective offices, take ami aubscribe? the following- oath or affirmation: , t do solemnlv swenr for affirm! that I will support, obov and defend the C-onsiitutlon of tho United States and the Cot stltution or th " Commonwealth, and that I will discharge tho duties of mv office with fidelity: that I have not rttld or contributed, or promised to pay or contribute, either directly or indirectly, any money or other Vul'.tublo thing, Vj procure my numimtion or election (ir appointment), ex- tlce to ""t far nc-.'s'urv and prpr-r oxpenscs ex t prosslr authorized1 by law; that I havo not in this knowingly iolated anv election law of th'.t Com moil wealth, or prociireii it to none ty others in mj behalf; tbnt I will nut. knowtrtrl recelvd directly or indir o:ly, any money or other vsi'.ia'.jjc 'thlrtjr for the performance or n.'n-p.-rf'irir.Bnce of nnv act or dutv m-m t lining l i mv offii-o, other than the compensation al' I jwed by law." The fo: owning oath shall be adm'ntsterM by snmo pe'rson authorized to administer omUis. and in tho case of State offii-ors and Judges of the Supreme Couht; shall l ftUsl in the offic. of the Secretary of the Commonwealth, and ri t 'lecsseor other Judicial and comity i.Ocera. In the tfDc hr the Prothonotary of ie county in whlcithea-MQf is taken: anv person rcfusj Ing to latesnhlnetth or aftirmntion shall forfeit Irs ejfljtsm atulny piwa wlm shalJ lis emu vlotwd hf having sworn or affirmed falsely. it's natlnar tiolated said oath or affirmation, shall bo guilty of perjury, and l.o forever dis qualified from holding anv office of trust or profit within th!" Commonwealth. i Uo oath to the tu'.-tU'M r vf th; Stn-t -i.i tr A: ir
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