cPlKE, Editor and Publisher. HE IS A FRKEMA5 'WHOM TUB TRUTH HAKES FKKE, AKD ALL ARE SLAVES BK8IDK." Terms, S2 per yeer. In advance. EBENSBURG, PA., FRIDAY, DECEMBER 5, 1S73. NUMBER 45, J.UME VII. .rrruTiON. "o..,;,- annroral or rejection, y(jje lonstifiitional Con vent ion. f order of the Serretary of V'll,,",:,."i.n of Hn Act of the tin. ".'." -..ii.iv. eimiieu Au Act to fc-ji .... lion to Ir I i lie oiili"". approved ffJ . . .. t lit" daj " 1 ' IT. E A MULE. tjppi.l'!f 't" 'I15 Commonwealth of vjnia, grateful to Almighty God for of i-ivil ami religious liberty, invoking His guidance, do or this Constitution. ARTICLE I. ;r.IAHATHN OF RIGHTS. .... gi'i.t-ral, gr-at and essential prin V ,', i'y ai"l frc'e Rovernment may '- and unalterably established, ;rl;ut ; . v 1. All men are born equally free 'c;ri:,l''nt, and have certain inherent vU:U'' rights, among which are ul'riiit.ying and defending life and - (,j ru -(jtiiring, possessing and pro .',,r, rt and reputation, and of pur tilrir happiness. 2 SI) jx.wer is inherent in the peo ,il all t'r-e governments are founded :r r. -Thori-y and instituted for their s.:'rty and happiness. For the ad E,.nt "f these ends they have at all an iv,:'..riialile and indefeasible right - ni'i nu or abolish their government ir.uiiier as they may tninK proper. 3. All iik'ii have a natural and inde r riiit n worship Almighty God ac to lie- dictates of their own con , no nititi can of right lie. compelled rii, t-rt-i t or support any place of wor r to maintain any ministry against :.m i;t : no huiiian authority can, in itt wbatrvt-r, control or interfere with jhr nt' eeiiseieuce, and no preference jj.-w-1 if given by law to any religious fl.rliiv.i-v.iM'i nuxies or worsnip. 4. NniTv,,ii who acunowledges the in li'il aii'l a future btate of rewards uirhwu's liall, on account of hia re scnf.Tiiriits, be disqualified to hold !:itr or place of trust or profit under !::iii'ir:ealth. J ,i. Il'i rii. ins shall be froe and equal; p.nver. civil or military, bhall at any re-re tn prevent the free exercise of ,' of .- r. :1V a go. 'i. inal liv iurv shall lit? as hereto- 1 t!ie ritrht thereof remain inviolate. '. The printing press shall lie free to :)ii who may undertake to exam iimceedings of the IjCgislature or h of government, and no law shall nude to restrain the risrht thereof. f communication of thoughts and J s is one of the invaluable rights of I 'l every citizen mav freelv sneak. I and print on any subject, hing re- ile tor the abuse ot that liberty. No a:.in shall be had in any prosecution it publication of papers relating to the 4 cotiduct of olliecrs or men in ptib'.ic illy, or to any otner matter proper for !C investigation or information where t. that such publication was not na '.y or negligently made shall be estah- S'u the satisfaction of the iurv : and in nments forlilwls the jury shall have i it to determine the law and the facto, Stie direction of the court, ab in other i s. The people shall Insecure in their hinist-s, papers antl possessions, .) t, reasonable searches and seizures, i warrant to search any place or to I y person or thinan, shall issue with-e- r;l ng them as nearly as may be, nor t" pmbable cause, pupported by oath inati.n, subscriled to by the affiant, i In all criminal prosecutions the barh a right to be heard by himself S: mitisel, to demand the nature and tie accusation against him, to meet ".i-sses face to face, to have c.ompnl- ,,,"ii fur obtaining witnesses in his ijn.l in prosecutions by imlU-tnient or i '.t mil a speedy public trial by an im t 1 .'rv et the vicinage; he cannot le 4' ill t.. kiive evidence against himself. V.K1- ib-iirived of his life. liWrtv. or 'in',. -ss by the judgment of his h law of the land. I" No person shall for any indicta--be proceeded against criminally, 'ia'inii. except in cases arising in "t naval forces, or in the militia, a tual service, in time of war or avr. or by leave of the court, for ,! "f n.isdrmeanor in officp. No .l for the oame offense lie twice lan'.v of life or limb! nor shall r I'r perty be taken or applied to pnh- ' .nour antlioritv of law, and with- itniiensation b'ing first made or ' .VI courts shall lx open ; and " lr an injury done hira in his 1. person, or reputation, ohall "''V due course of law, and t aoiee administered without, sale, ' df!y. Suits may le brought fommonwealth in such manner, ":irt . . 1 : . . , . , -r - . ou in suencasesas me ijeg T by law ilireet No powflr 0f suspending laws fr.-Ued unless by the Legic-lature ;'.tli.iriy. J -Y., 'essive bail shall not be re .n pteessive fines imposed, nor ;"hinents inflicted. 1 A'i pi i-ioners shall be bailable bv .."ir-tiro, unless for capital offences, " prnnf jR evident or presumption J' ,h' privilege of the writ of P.'is shall not be suspended, un- ttl ease Of retiellinii nr !nr;ictnn U "r,,v ,naV reijuire it. Th, ,; ' ronjj presumption of fraud, u',0'"' imied in prison after deliv . .';ls estate for the benefit of his "Viaw" ,uanner as sual1 le Pr i;rr ,! IosT ACTO law, nor any ..'' 'he obligation nf con t r-wto I sc'r'iT'" W-any Prant of siwoial ,. -...Miuuues, snail lie passed. -..'".; l"'rH"" shall l? attainted of ' '": by the Legislature rW,'! o :':t:"'ler shall work corrup 'iiT 'f If' ."Xrer,t during the life of .h;' ti'''1"11"'' "f ''state to the Com ''r iv ti ',f '" h persons as tinr.. "w lives shall descend ;m 'ral death, and if 1 '"'. billed by casualty, '-u toil'uiiure by reason , i"- e-.ti,.,, v .... c 'man,,... : "v a right in a tu trr,, IT- - 'J assemble together for "I L'oo.l tu win, th,. , to aPl'l.v t thos. f Briv,..!'"wri ,,f Rovernment for othe- Voper pur - .:' 'lll''ss or remonstranofl. iu? of ti. v'tizensKi leap ii t'uk(0r,",linRr'.vM.all. in time V? v a!!'! tw co'hsent of "'tbp,;,.:. ' " 1U biriCt 8UIJ :0WlV 1,UVT. 1 'ior shall ia time of peace lie quartered in any house without the con Bent of the owner, nor in time of war but in a manner to lie prescribed by law. Sec. 24. The Legislature shall not grant any title of nobility or hereditary distinc tion, nor create any office the appointmeut of which shall befora longer term than dur ing good behavior. Skc. 25. Emigration from the State shall not le prohibited. Sec. 20. To guard against transgressions of the high powers which we have dele gated, we declare that every thing in this ar ticle is excepted out of the general powers ot government, and ithall forever remaiu in violate. AKTICLE II. THE LEGISLATURE. Skcttont 1. The legislative power of this Commonwealth shall be vested in a General Assembly, which shall consist of a Senate ami 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 legin 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 le elected for the term of four years and Representatives for the term of two years. bEC. 4. The General Assembly shall meet at twelve o'clock noon, ou the first Tiutfcdav of January every second year, and at other times when convened by the Governor, but shall hold no adjourned annual session after the year one 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 day to fill the same. Sec. 5. Senators shall lie at least twenty- five years of age., and Representatives twenty-cue years of "age. Thev shall have been citizens ami inhabitants of the State four years, and inhabitants of their respective districts one vear next before their election (unless absent on the public business of the Lnited States or of this State), and shall re side in their respective districts during their terms ot service. Sko. 6. No Senator or Eepreeentati ve sha'd, during the time for which he shall have been elected, be appointed to any civil office under this Commonwealth, and no memlier of Congress or other person holding any office (except of attomey-at-law or in the militia) under the United States or this Commonwealth shall le a member of either house during his continuance in office. Sec. 7. No person hereafter convicted of embezzlement, of public moneys, bribery, perjury or other infamous crime, shall bo eligible to the General Assembly, or capa ble of holding any office of trust or profit in this Commonwealth. Sec. S. The memliers of the General As sembly shall receive such salary and mile age for regular antl special sessions as shall be fixed by law, and no other compensation whatever, whether for service, upon commit tee or otherwise. No meiuix-r of either house shal., during the term for which he may have been elected, receive any increase of salary, or mileage, under any law passed during such term. Sec. !. The Senate shall, at the beginning aud 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 ant Governor, in any case of absence or disa bility of that officer, and whenever the said office of Lieutenant Governor shall be va cant. The House of Representatives shall elect one of its members ao Speaker. Each house shall choose its other officers, and shall judge of I he election aud qualifications of its memliers. Sec. 10. A majority of each House ohall constitute a quorum, but a smaller number may adjourn from day today, and compel .he attendance of absent memliers. Sec. 11. Each house shall have power to determine the rules of its proceedings and punish its memliers or other persons for con tempt or disorderly behavior in its presence, to enforce obedience to its process, to pro tect its members agtil nst violence, or oilers of bribes or private solicitation, and with the concurrence of two-thirds, to expel a member, but not a second time for the same cause, and shall have all other powers neces sary for the legislature of a free State, A memlier expelled for corruption shall not thereafter be eligible to either house, and punishment for contempt or disorderly be havior shall not bar an indictment for the same offense. 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, antl the yeas and nays of the memliers on any question shall, at the detiire of any two of them, be entered on the journal. 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. Sec. 14. Neither house shall, wituoui me consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall lie sitting. Sec. 13. The membe'-s of the Geueral 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 for any speech or debate in either house they shall not le questioned in any other place. Sec. It). The State shall be divided into fifty Senatorial districts of compact and con tiguous territory, as nearly equal in popula tion as mav be, and each district shall be en titled t elect one Senator. Each county containing one or more ratios of population shall be entitled to one Senator for each ra tio, and to an additional Senator 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-fil ths of a ratio, except where the adjoining counties are each entitled to one or more Senators, when such county may be assigned a Sena tor ou less than four-fifths, and exceeding one-half of a ratio, and do county fchall be divided unless entitled totsyo onuore Sena tors. No cjty or county shall le entitled to separate representation exceeding one-sixth of the whole nuuiberof Senators. No ward, borough, or fowushipshall bedivided in the formation of a district. The Senatorial ra tio shall be ascertained by dividing the v hole population of the State by the num ber fiflT. Sec. 17. The members of the House of Representatives ball be apportioned among the several counties, on a ratio obtained by dividing the population of the Stat as as certained by the most recent United States j census by two hundred. Every county con taining less than rive 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 eqnal to a ratio shall eject separately its proiortioii of the representatives allotted to the county in which it is located. Every city entitled to tuorc than, tour reprcseuUUiA ca, aud evory county having over one hundred thousand inhabitants, shall be divided into districts of compact ami contiguous territory, each district to elect its proportion of representa tives according to its population, but no dis trict shall elect more thau four representa tives. Sec. 18. 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 HI. legislations Section 1. No law shall be passed except by bill, and no bill shall be so altered or ameuded on its passage through either house as to change its original purpose. Sec. 2. No bill shall be considred un!e-ts, referred to a committee, returned therefrom aud printed for the use of the members. Sec. 3. No bill, except general appropria tion bills, shall be passed, containing more thau one subject, which shall be clearly ex pressed in its title. Sec. 4. Every bill shall lie read at length ou three different 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 ou its final passage the vote be taken by yeas and nays, the names of the persons voting for and against the same 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 bers elected thereto taken by yeas and nays, and the names of those voting for and against recorded upon the journal thereof ; aud re ports of committees of conference shall be adopted in either hotise only by the vote of a majority of the members elected thereto, taken by yeas and nays, and the names of those voting recorded upon the journal. Sec. 0. No law shall 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-enactud aud 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 counties, 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 aud any other State; Vacatiug 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 county Beats, erecU ing new counties, or changing county lines; Incorporating cities, towns, or villages, or changing their charters; Eor the opening and conducting of elec tions, or fixing or changing the place of Ttsting; Granting divorces; Erecting new townships or boroughs, changing township lines, borough limits, or school districts; Creating offices, or prescribing the powers and duties of officers m counties, cities, bor oughs, tow.iships, election or school districts; Changing the law of descent or succession; Regulating the practice or jurisdiction of, or changiug the rules of evidence iu any judicial proceeding or inquiry before courts, aldermen, justices of the jieace, sheriffs, commissioners, arbitrators, auditors, mas ters in chancery, or other tribunals, or pro viding or changing methods for the collec tion of debt, or the enforcing of jtrtlgments, or prescribing the effect of judicial bales of real estate ; Regulating the fees, or extending the jtowers and duties of tvldermen, justices of the peace, magistrates, or constables; Regulating the management of public schools, the building or repairing of school houues, and the raising or 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 iu interest, to be recited iu the special enactment ; Remitting fines, penalties and forfeitures, or refunding moneys legally paid into the Treasury; Exempting property from taxation; Regulatiug 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 repealiug local or special acts may be passed. Nor shall any law be passed granting powers or privileges in any case where the granting of such powers antl 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 unless notice of the intention to ap ply therefor shall have been published iu the locality where the matter or the thing to le affected may be situated, which notice shall be at least thirty days prior to the introduc tion into the Geueral Assembly of such bill, and in the manner to be provided by law ; the evidence of such notice having been pub lished, shall be exhibited in the General Assembly liefore such act shall le passed. Sec. 9. The presiding officer of each house shall, in the presence of the house over which he presides, sigu all bills and joint resolu tions passed by the General Assembly, after their titles have been publicly read immedi ately lefore signirg, aud the fact of signing shall be entered on the journal. Sec. 10. The Geueral Assembly shall pre scribe .by law the number, duties and com pensation of the officers and employees of each house, and no paynent shall be made from the State Treasury, or be iu any way authorized to any person, except to an act ing officer or employee elected or appointed in pursuance of law. Sec. 11. No bill shall be passed giving any extra compensation to any public officer, servant, employee, agent or contractor, af ter services shall have been rendered or con tract made, nor providing for the payment of auy claim against the Commonwealth, without previous authority of law. Sec 12. All stationery, priuting, paper, and fuel used in the legislative and other departments of government shall be furnish ed aud the priuting, binding, aad dis tributing of the laws, journals, department reports, antl all other printing and binding, and the repairing ami furnishing the ha.ls a rooms used for the meetings of the Geu erl A6M.mbly and its committees, shall be performed under contract, to be given to the j lowest responsible bidder below such maxi- I mum price and under such regulations as J shall be prescribed by law ; no member or officer of any department of the government i 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 and State Treasurer. Sec. 13. No law shall extend the 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 the House of Representatives, but the Senate may propose amendments as iu 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 the Commonwealth, interest on the public debt, and for public schools ; all other appropria tions shall be made by separate bills, each embracing but one subject. Sec. 10. No money shall be paid out of the Treasury except upon appropriations made by law aud on warrant drawn by the 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 fnemliers elected to each house. Sec. 18. No appropriations except for pen sions ot gratuities for military services shall be made for charitable, educational or be nevolent purposes, to any person or com mil. 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 soldiers 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 Geueral Assembly shall not delegate to any special commission, private corporation or association, any power to make, supervise or interfere with any mu nicipal improvement, money, property or effect, whether held in trust or otherwise, or to levy taxes or perforin any municipal function whatever. Sec. 21. No act of the General Assembly shall limit the amount to be recovered for injuries resulting in death, or for injuries to persons or propel ty, and 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 prescribe any limitations of time within which suits may be brought against corporations for injuries to persons or property, or for other causes diftereut from those fixed by geueral laws regulating actions against natural persons, ana such acts now existing are avoided. Sec. 22. No act of the General Assembly shall authorize the iu vestment of trust funds by executors, administrators, guardians, or other trustees, in the lionds 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 the courts, to bo exorcised iu such man ner as shall be provided by law. Sec. 24, No obligation or liability of any railroad or other corporation, held or owned by the Commonwealth, shall ever lie ex changed, transferred, remitted, postponed, or in any way diminished by the General Assembly, nor shall such liability or obi ig li gation be released, except by paj-uieut thereof into the State Treasury. Sec. 2r. When the General Assembly shall be convened in special session, there shall bo no legislation upon subjects other than those designated in the proclamation of the Governor, calling such session. Sec. 20. Every order, resolution, or vote, to which the concurrence of both houses may be necessary (except on the question of adjournment) shall be presented to the Governor, and before it shall take effect be approved by him, or being disapproved, shall be repassed by two-thirds of loth houses, according to the rulesaud limitations prescrilet in case of a bill. Sec. 27. No State office shall be 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 the location of the capital of the State shall be valid until the same shall have lwen submitted to the qualified electors of the Commonwealth, at a general election, aud ratified aud approved by them. Sec. 29. A meinler of the Geueral As sembly who shall solicit, demand, or receive, or consent to receive, directly or iudirectly, for himself or for another, from any com pa. ny, corporation, or person, auy monny, of fice, appointment, employment, testimonial, reward, thing of value or enjoyment, or of personal advantage or promise thereof, for hjs vote or official influence, or for withhold ing the same, or with atk understanding, ex pressed or implied, that his vote or official action shall be iu any way influenced there by, or who shall solicit or demand auy such money or other advantage, matter, or thing aforesaid for another, as the consideration of his vote 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, antl 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 ad vantage, to an execu tive or judicial officer or member of the Geiir eral Assembly, to intlueuce him in the per formance of any of his public or official duties, shall be guilty of brilery, and be punished in such manner as shall be provi ded bv lav. Sec. 31. The qffense of corrupt solicitation of members of the General Assembly or of public officers of the State, or of any muni cipal division thereof, aud any occupation or practice of solicitation of such members or officers, to influence their official action, shall be defiue4 by law, and shall be puu ished by fine and imprisonment. SEC. 32- Any person may lie compelled to testify in any lawful investigation or judi cial proceeding, against any person who may le charged with having committed the offense of briliery or corrupt solicitation, or practices of solicitation, and shall not be jer-liiitt-ed to withhold his testimony upon the ground that it may criminate himselj'or sub ject him to public infamy ; but such testi mony shall not afterwards le used against him iu any judicial proceeding, except for jierjury in giving such testimony, and any person convicted of either of the offenses aforesaid, shall, as part of the punishment therefor, be disqualified from holding any office or position of honor, trust or profit iu this commonwealth. Ski.'. 33- A member who has a personal pr private interest iu any measure or bill proposed or ponding before the General Asr sembly shall disclose the fact to the house of which ho is a member aud shall uo(. vote thereoni ARTICLE IV. THE EXECUTIVE. Section- 1. The Executive Department of this Commonwealth shall consist of a Gov ernor, Lieutenant Governor, Secretary of the Commonwealth, Attorney General, Au ditor General, State Treasurer, Secretary of Internal Affairs, and a Superintendent of Public Iustructiou. Sec. 2. The supreme executive power shall be vested in the Governor, who shall take care that the laws be faithfully executed ; he shall be chosen on the day of the general election by the qualified electors of the Com monwealth, at the place where they shall vote lor Representatives. The returns of every election for Governor shall be sealed up and transmitted to the seat of govern ment directed to the President of the Senate, M ho shall open and publish them iu the pres ence of the memliers of both houses of the General Assembly. The person having the highest number of votes shall be Governor, but if two or more be equal and bighost iu votes, one of them shall be chosen Governor by the joint vote of the members of lioth houses. Contested elections shall be deter mined by a committee, to lie selected from lioth houses of the General Assembly, aud 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 ensuing his election, and shall not be eligible to the office for the next suc ceeding term. Sec. 4. A Lieutenant Governor shall be chosen at the same time, in the same man ner, for the same term, and subject to the same provisions as the Governor ; he shall be president of the Senate, but shall have no vote unless they lie equally divided. Sec. 5. No person shall be eligible to the office of Governor or Lieutenant Governor except a citizen of the United States, who shall have attained the age of thirty years, and have 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 Uuited States or of this State. Sec. 0. No member of Congress or person holding anj office under the LTuited fcWaten 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 the actual service of the United States. See. 8. He shall nominate, and by and with the advice aud consent of two-thirds of all tha memliers of the Senate, appoint a Secretary of the Commonwealth aud au At torney General during pleasure, a Superin tendent of Public Instruction forfour years, and such other officers of the Commonwealth as he is or may be authorized by the consti tution or by law to appoint ; he shall have power to fill all vacancies that may happen iu 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, iu the office of Au ditor General, State Treasurer, Secretary of Internal Affairs or Superintendent of Pub lic Instruction, in a judicial office, or in any other elective office which he is or may bo authorized to fill : If the vacancy shall happen during the session of the Senate, the Governor shall nominate to the Seuate, before their final adjournment, a proper persou to fill said va cancy. Rut in any such case of 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 the election for said office shall lie held at the second suc ceeding general election ; In acting on Executive nominations, the Senate shall sit with open doors, and iu con firming or rejecting the nominations of the Governor, the vote shall be taken by yeas and nays, aud 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 Sjcretary of Internal Affairs, or any three of them, after full hearing, upon due public uotice aud iu open session, aud such recommenda tion, with the reasons thtsfefor at length, Bhall be recorded 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. He shall, from time to time, give to the General Assembly information of the state of the Commonwealth, and recommend to their consideration such measures as he may judge expedient. Sec. 12. He may, oa extraordinary occa sions, convene the General Assembly, and in case of disagreement between the two houses, with respect to the time of adjourn ment, adjourn them to such time as he shall think proper, not exceeding four months. He shall have powr to convene the Senate in extraordinary session, by proclamation, for the transactiou of executive business. Sec. 13. In case of the death, conviction on impeachment, failure toqualify, resigna tion, or othtr disability of the Governor, the powers, duties, and emoluments of the office for the remainder of the term, or until the disaltility be 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 be iuqieached by the House of Representatives, or shall be un able to exercise the duties of his office, the powers, duties, and emoluments thereof for the remainder of the term, or until the disa bility lie removed, shall tlevolve upon the President pro tempore Gf the Senate ; and the President pro tempore of the Senate shall in like manner Income Governor if a vacancy ordisability shall occur iit the office of Governor; his seat as Senator shall be come vacant whenever he jhall liecome Gov ernor, and shall be filled by election as auy other vacancy in the Senate. Sec. 15. Every bill w hich shall have pasfc ed lioth houses shall be presented to the Governor ; if he approve, he shall sign it ; but if he shall not approve, he shall return it with his objections to the house in which it shall have originated, which house shall enter the objections at large upon their journal, antl proceed to reconsider it. If, after such reconsidepation, two-thirds of all the memliers elected to that house 6haH agree to pass the bill, it shall be sent with the objuctions to the other house, by which, likewise, it shall be reconsidered, and if ap proved by two-thirds of all the memliers elected to that house, it shall lie a law ; but in such cases the vote of both houses shall be determined by yeas and nays, and the names of the members vol ing for and against the bill shall lie entered on the jour nal of each ho'iae respectively. If any bill shall not be returned by the Governor with in ten days after it shall have lxen pre sented to hira, the same shall be a law in, like manner as if he had signed it unless the General Assembly, by their adjourn ment, prevent its return, in which case it shall lie a law, unless he shall file the same, with bis objections, in the office of the Scc- Iretary of the Commonwealth, and (rive notice thereof by public proclamation within thirty days after such sojournment. Sec. 16. The Governor shall have power to ' disHpproveof any Item or itomsof any bill rank ing appropriations of money. emlracimr Iia i tiuet itcniA. and the part or purtsof trie bill up- proved shall be the law, and the item or Items of appropriation disapproved shall be void, tin less repassed according to the ruUa und limita tions prescribed tor the passage of other bills I over the executive veto. i Sec. IT. The Chicr Justice of the Supreme Court shull preside upon the trial of any oon- j tested election of Governor or Lieutenant Gov ernor, und shall decide questions rcsrarditnr the admissibility of evidence, and shall, upon request of the committee, pi-ouounce his opin ion upon other questions of lw Involved in the trial. The Governor sml Lieutenant Gov ernor shall exerc'ke the dutjes of their respect ive offices uutil their successors shall be duly I qnnlilled. ' Skc. 18. The Secretary n! the Commonwealth shall keep n record of all official acts ami prn i eeedinjfs of the Governor, and when required lay the same, with all papers, minutes and vouchers relating thereto, before either branch of the General Assembly, and perform such other duties as may be enjoined uj,n hiin by ! la"v, : Skc. 19. The Pecretary of Internnl Affairs si all exercise all the powers and perforin all the duties of the Purveyor General, subject to such changes as shall be made by law. Hig de partment shall embrace a bureau of industrial , statistics, aud he sha'.l discharge such duties j relating to corporations, to the charitable In stitutions, the agricultural, manuructtiririg, : mining, mineral, timber, and other material or 1 business interests of the State as may be pre scribed by law. lie shall annually, hikI at such ' other times as may be required by law, muke j report to the General Assembly. J I Sec 20. The Superintendent of Public In- 1 struetlon shall exercise all the powers and per- ' form all the duties of the Superintendent of 1 Common Schools, subject to su;h changes as , shall he made by law. i Sec. 21,.1'he term of the Secretary of Inter- : tint A flairs shall be four years, of the Auditor ' General three years, and of the State Treasurer i two years. These officers shall lie chosen by the qualified tlectr.rs of the State at general elections. No oerson elected to the ortice of Auditor General or State Treasurer ohull be eapable of holding the same ollice for two uou- , secutive terms. ! t Skc. 22. The present Great Seal of Peunsyl- . vnnia shall be the schI or the State. I All commissions shall be In the name and by autnorityot the Common wealttiol 1 eimsylvu ' nia, and be sealed with the State seal and sign ed by the Governor. ARTICLE V. THE JUDICIAKV. Section I. The judicial power of thin Com. monweallh shall be vested in the Supreme Court, in oourlH of common pleas, courts of , oyer and terminer and general jail delivery, 1 court? of quarter sessions of the peiice.orphnns' courts, magistrates' courts, and in such other courts as the General Assembly may from time to time establish. Sec. 2. The Supreme Court shall consist of seven judges, who shall be elected by the qual itled electors of the State at large. They shall hold their offices for the term of twenty-one years, if they so long behave themselves will, , but shall not be again eligible. The JuJjf wlu , commission shall first expire shall be chief Jus tice, and thereafter each judge whose commis sion shall first expire shail iu turn be chief jus tice. Sr.c.3. The jurisdiction of the Supreme Court shall extend over the State, and the judges ' thereof shall, by virtue of their offices, be jus , tices of oyer and terminer and general jaii do livery in the several counties: they shall have original jurisdiction in cases of injunction, and : where a corporation ia t party defendant, of , habeas corpus, of m amuui s to courts of infe rior jurisdiction : and of tjro warhaxto ns to ' all officers of the Commonwealth whose juris , diction extends over the State, but shall not exercise any other original jurisdiction; they ! shall have uppellwte jurisdiction by appeal, , CRHTIOKAIU or writ of error in all cases, as is . now or may hereafter be provided by law. i Sec. 4. Until otherwise directed by law. the , courts of common pleas shall continue as at j present estu nlished. except as herein changed ; ' not more than four counties shall, at any time, : te included in one judicial district oigauized for said courts. I Skc. 5. Whenever a county shall contain forty I thousand inhabitants it shai! constitute a sopn- rate judicial district, and shall elimt one judge learned in the law : and the General Assembly shall provide for additional judges, as the bus iness tif the said districts may tequire. Ciiun- I ties containing a population less than is suffi cient to constitute separate districts shall be formed into convenient single districts, or. if necessary, may be attached to contiguous dis tricts as the General Assembly may provide. The office of asooiare judge, not hunted In the law, is abolished in counties forming separate districts; but the several associate judges in . office when this Constitution shall tie adopted shall serve for their unexpired terms. Skc. 6. Tn the counties of Philadelphia and Allegheny, all the jurisdiction and powers now . vested in the liistriet Courts and Courts of Common Pleas, subject to such changes as may be made by this constitution or by law, shall be in Philadelphia vested in four, and in Alleghe , ny In two distinct and separate courts of equal and co-ordinate jurisdiction, composed of t hree judges each ; the said courts in Philadelphia shall be designated respectively as theCourt of t Common Fleas number one, number two. num ber three and number four, and in Allegheny as the Court of Common Pleas number one and number two. but the number of said courts may be bv law ineieased, from time to time, and shall be in like manner designated by sue ' cessive u timbers ; the number of judges in any of said courts, or in any county where the es i tablishment of an additional court may be mu j thorized by Jaw. may bo increased from tim to time: ana whenever such increase shall amount in the whole to thr;e. such three judg . es shall compose a distinct and separate court as aforesaid, which shall be numbered asafore i said. In Philadelphia nil suits shall be institu- ted in thsaid Courts of Common peas. with out designating the number of said Court, and i tho several courts shall distribute and appor . tion the business among them in such manner ' as shall h provided by rules of court, and each ' court to which any suit shall be thus assigned I shall have exclusive jurisdiction thereof, snn i jeet to change of venue, as shall he provided . by law. In Allegheny each court shall have ! exclusive jurisdiction of all proceedings nt law j and in equity commenced therein, sui-.jeet to ' change of venue as may be provided by law. I Skc. 7. For Philadelphia there shall be one I Prot honotnry's office, and one Prothonotary ; for sll saiil courts, to be aonoi'ited by the i judges of said courts. and to hold oliico for three years, subject to removal bv a majority of tiie said judges; the said Prothonotary shall ap point such assistants as may be necessary and authorized hy said courts, and he and his ss- ! sistants Phall receive fixed salaries, to i.e uercr mined bv law and paid by said county: all rocs collected in said office, except such as may be . bv lawMue to the Commonwealth, shall be paid ' by the'Prothonotary Into the iiounty treuniiry. I Kach court shall have itsseparate docket, which Shall contain the judgments and liens of all the ' 6aid courts, ns is or may be directed by law. ' Stc.S. The said courts in tl.e counties of Phil ! adclphtaand Allegheny resiwetively sluUl.froiu time to time, in turn, detail tine or more of ! their judges t hold the courts of Oyer and I TerminJraml t he courts of Ou ner Sessions of ' the Peace of said counties iu such man nor as may be directed by law. ! Sec. 1. Judges of the Courts of Common Pleas ' learned in the law shall be judges of thociurts j of Oyer and Terminer. Quarter Sessions of the j Peace, and General Jail liclivery, arid of tha ! Orphans' Court, und withiu their respective I di.-tricts shall be justices of the peace as to j criminal matters. Sen. 10. The judges of the courts of Common Pleas, within their respective counties, t-hall I have power to issue writs of ceutioiu to jus ; tices of Ihe peaceand other inferiorcourts not of re ord, and tn cause their proceeding to be brought before them and right and justice to i be rtouo.I Sec. II. Exeept as otherwise provided in this Constitution, justices of the peace tr aldermen I shill be elected in the several wards, d.sirieif, I b-rouchs and township at ti c time of the elec ' tion ufciisIuWi", by th i latilied ele;-..r ther" I of, in such manner af shall tie directed hv law. nnd sii:il! be commissioned by tiiettjverne, fir a t-rm of live v.iis. No township, ward, dtsWR-t or b r- ouu-li elc -t mote tl.an two jii-t oes .f the ' penco or aldermen without ri.coe.scii of a tnajor ' itv id the qualified elee'eH with in such t-.n nship, ward, or borough, .No uti:i shall elected to I such oftlee ualess he shall have resided within the townshbi, lx, rough, ward or distil ( I'm- one year I next preceding his elecii m. In cities enntainuiR I over hftv th.jiiind inha'atants, nnt niorethnn on j ' a'lderniu'a sL:-'l be elected in each wsrd Or district. feEC 12. In Philadelphia ti.ere shail f-e esial.lish ; ed. tor each thir'v th..u-iiud inhabitants, one court I not of record, of poii. ' and civil causes. wiih,jmi.--i diction not exe-eding one huidred dollars; such I courts shall be held, by ninai.tru.les w-iese term of tj,rhc; klitttl Ik five ;-er. and they .I.h!I be t Iceted (n'gcnciul iV'kvt by th 'inali'.i.-tl relets at l..rgtr ; and in the election of the said magistrates no vo ter shall vote for more thau two-thii- Is ot i ho num ber of persons to b'. elected. lin more limn ene are to be chosen ; they chad be coit.pensuted only by fixed salaries, to be paid by said county : anj s'mll exercf.e sueh jurisdiction, eivii and crimin al except as herein provide 1. as is now exercised by aitlM tne:i, stibieet to su -h changes, not inv..lt. ing an iv crease of ciril jurisdiction or Conferring politic h! duces, as may be ma e by law. Irt t l.ii. aiielnhia th office of a'dernmn is abolished. Skc. 13. All foos. tines and penalties in s.dd courts shall be paid into the county treasury. c. 14. in all u es of summary eonvietjen In this Commonwealth, or of judgment i suit for a, penalty l-eforea inagistrate.or court not of roc-ord, eii-her j arty ninv appeal to such court of record as may be prescribed by law. upon r.llowanee of the iiprcUitte court or ju Ige thereof.upon cans" shown. Sec. IV All judges required tote lear;ied ill the law. except the judges of the Supreme Court, shall lie elected by the qualified lectors of the r. speetive d strict over which they are to presido, and shall hold ilieir ortice" fr the p riod vf too years, if they shall so long behave themselves well but f..r any reasonable cause, which shap not be sufficient ground for :ir.peaehmen', the tiovernor mny remove any of them on the adiress of two. tiiirds of eR"h l ouse of the General Assembly. Sec It',. Whenever two judges of lie Supreinn Court are to lie chosen f r the sr.me term of ser. vice, each voter shall vo:e for one only, aud when three are tolieehosen.be shall vote for no mora than two : candidates highest iu vote ha'l be d cl Ted elected. Set. 17. Should any two or more judges of the Supreme t ourt, or auy two or more iu ite.. ot thn Court of Common I'lcu for the same district bo elected at the fcu.me time, they shall, as soon after the c-lection as convenient, cast lot- for priority if commission nud certify the result to ttje troy i fiior, who shall issue their commissions m j.C- cor lance therewith. Sec. fs. The judge-, of th" Supreme Court and the judges of the several Courts of Common 1'le ts, and all other judges reqnir, d to lie lenrnetj irt thi law. sha'l. at sia'ed times, receive for their ter vb'es an adequate et maoiisaip n. which shall ba fixed by law, and paid by the State. They shall receive no other oonipcnati"n. fees. or peruulsitcs of office for their services 'rotn any source, n r hold any other r ftite nf pre fit nn lcr the United, Sttites. this State, or any other Statu. Sec. 19. The judges of twt-uiri.Tif Cou-t. tluis ing their con tin nan e in ofllee, shU reside w i: I. Ul this Cnuimnnweaph. and the other judges, during t lieir continuance in office, shall resid wltntn the districts for which they shall lie respectively elected. SKC. 2d. The several Courts of Common rio.j, besides the powers herein conferred, shall have andext;cise within their respective district ', suli jiict to hlleh change as may be made by law. such chancery powers r ar now vested by law in tht several Courts of Common Plcis of this Common, wealth, or as may hereafter be conferrod Upoq them by law. Skc. 21. No dntie shall be imposed by Jaw Upon the Snpr: me Court or any of the judges thereof, xcept such as are judicial II T shall any of tho judges thereof ex-rcise aiy power of appoint ment, except as herein pi o hied. The Court, of Nisi Prius is hereby al olished, and no court of original jurisdiction to be presided ourr by any on" or more of the ind.os of the Supreme Court shall be established. Skc. ?J. In every county wherein the popula tion shall exceed one hundred and titty thou-, sand the General Assembly shall, and in any other county may, tstahlisb a separate Or-, pktns" Court, to censist of one or more Judges who shall be learned in the law, which court shall nercise all the jurisdiction and powers now vested in, or which may hereafter be con ferred upon, the Orphans' Courts, and there upon the jurisdiction of the judges of theCourt of Common Picas within such county, in Or, phans' Court proceedings, shall cease aud ills tannine; in any county in which a separate Orphans' Court shall be established, the Regis ter of Wills shall be clerk of such court, and subject to its direction in all matters pertain to bisottico; he may appoint assistant clerks, but only with the consent and approval of said court. All accounts filed with hiin, as register or as clerk of the oaid separate Orphans' Court shall be audited by the court without expense to parties, except where all parties in interest in a pending proceeding shall nominate an au ditor whom the court may, in its discretion, appoint. In evc-y county Orphans' Courts shall possess all the powers and jurisdiction of a Register's Court, and sepurate Resistors' Courts are herobv abolished. Sri:. 2;t. The sr.i le of ail process shall be 'The Commonwealth of Pennsylvania." All prose cutions shall be carried ou in the came and by the authority of the Commonwealth of Penn sylvania, and conclude against the peace and dignity of the same. Sec. 24. In all cases of felonious homicide, and in such otht r criminal cases as may be pro vided for by law, the accused, after conviction and sentence, may remove the indictment, re cord, and all proceedings to the Supreme Courf for review. Sec -n. Aoy vitrancy happening hy death, resignation, or otherwise, in any court of re, cord, shall be tilled oy appointment by the Gov ernor, to continue till the first Monday of Jan uary next succeeding the first general elect i'in, which shall occur three or more months af ?er the happening of such vacancy. Sec. 2ti. All laws relating to courts shall ba general and of uniform operation, and the or, ganization. jurisdiction and powers of all courts of the sameelass or grade, s.o fur as regulated by law. and the force and effect of the process and judgments of such courts shn II be uniform and the General Assembly is hereby prohibited from creating other courts to exercise the powers vested hy (his Constitution in the Judg. i s of the Courts of Common l'lt asaud t i prjans" Courts. Skc. 'SI. The parties, by agreement filed, mny, in any civil case, dispense w ith trial by jurv, 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 w rit of error as in other cases, AKTICLE VI. impeachment and removal fkom orncE." Section 1. The House of Representatives shall have the sole power of Impeachment. Sec. 2. AU impeachments shall be tried by the Senate; when sitting for that purpose, the Senators shall fie upon oath or affirmation; no person shall be convicted without the concur, rencc of two-thirds of the members present, Sec. 3. The Governor an 1 all other civii offlr oers ehall bo liable to Impeachment forany mis demeanor in office, but judgment in such cases shull not extend further than to removal from office and disqualification to hold any office of trust or profit under this Commonwealth; tho person accused, whether convicted or acquit ted, shall nevertheless be liable to indictment, trial, judgment and puuishuient according to law. Skc. 4. All officers shall hold their office on the condition that I hey behave themselves weil while in ollice. and shall be removed tin convic, tion of misbehavior in office or of auy icf mntis crime. Appointed officers other than judges r.f the courts of record and the Superintendent of Public Instruction, may be removed at tho, pleasure of the power by which they shall have iK'en appointed. All oificcrs elected by the people, except Governor, Lieutenant Gover nor, members of the General Assembly, and Judges of the Ooiirtsof re-ord. learned ii, tho law, shall be removed by tho Governor for rea sonable cause, after duo notice and full hear, ing, on the address of two-thirds of the Senate, ARTICLE VII. oath or OFFICE, Section 1. Senators and Heproscn tat Ives and all judicial. State, and county ofh.-ers. shall, lw fore entering on the duties of t heir respective offices, take and subscribe the following oath or nflirmation: "f do solemnly swear Cor aCirm) that I will support, oliev and defend the Constitution of the I'nlfod Statt and the Coi.stimtion of thM Commonwealth, tind that I will oisclwrge ti.e, duties of n:v office with fidelity: that I have not paid or contributed, or promised to pay op conti unite, cither directly or indirectly, any money or other valuable thing, to procure piy nomination or election (or appointmenti, ex cept for necessary and proper expenses ex pressly authorized by law j that 1 have no knowiuglv violated any election law of this Commonwealth, or procured it to be done by others in my behalf; that I will not knowingly receive, directly or iniiireeily, any mor-.oy n other valuable thtug for the p' fortiiai.e2 pr non-p -i f-ir mancc of any act or duty port inin V to toy ottice, other than tuo Compensation al lowed by law." The toregoiuir oath shall bo administered by some person authorized to administer oaths, and in the case of Stao officers and Jud;r.$;.f file Supreme Court, shall be tiled iu OHioa of the Secretary tif Ihe Commonwealth, end iu the case of other judicial and county officr?. in the offico of the Prothonotary of ;.uii.-ty-in which the same is taken; auv i "rsoit rcl,. l;ig to take said oath or nrHvtiiatio.1 -halt c.irlvit It is office. ain etiy per-sou who si .)! be cv n vcc'd of buying sworn or affirm, d falsely, or if hating violated said oath or til irnjjtion. Shall be guilty of perjury, and be fm-ei er ois qtta lifted from holding any office ot tlist c profit witnin this Commonwealth. The oat Ii lo the iiit ib rs of Hit S, mr..- aud