7 v J ' I.' - 4 " ' ?;:V,' Ml if. i COXSTITUTIO, Nsw Constitution propose! to tin CItiEenJ of this Commonwealth: for their Approval or ; fiajection, lay tht Constitutional Convention. PvNlthed by order of the Secretary of the Com monwealth, in jnirmance of the fourth Motion of anact of the General AuenMy, entitled "An Act to prori'te for callina a Convention," op , . proved (he UUi aw UnAjpiU-JL. DURX. . peopfe6lfW Commonwealth of Pennsylvania, grateful to Almighty God for the blessings of civil and religious lib erty, and humbly invoking His guidance, do ordain and establish this Constitution. ' ARTICLE I. " . ii Declaration of RighU. r t , That the general, great and essential principles of liberty and free government may be recognized and unalterably estab lished, we declare that '"' Section 1. !i All men are : born equally free and independent, and have certain in . herent and indefeasible rights, among . which are those of enjoying and defending ' life and liberty, of acquiring, possessing ' and protecting property and rcputatlon,and of pursuing their own hanDiness.' Sec. 2. All power is Inherent in the peo ple, and all free governments are founded . on their authority and instituted for their peace, safety and happiness. For the ad vancement of those ends they have at nl! ' times an inalienable and Indefeasible right to i alter, : reform or abolish their govern- , went . iii such mauuer as tbey may think proper. , , " Sec 8.' All men have a natural and Inde feasible right to worship Almighty uod , according to the dictates of their own oon . sciences : no man can of right be compelled to attend, erect or support any , place of worship, or ' to maiqtaiu any ministry against his consent ; no hnman authority can, in any case whatever, control or inter fere with the rights of, conscience, and no " preference shall ever be given by law to any religious establishments or modes ot wor- ship. .. ; i i i "' ; . Sec. 4. No person who acknowledges the being of a God and a future state of re wards and punishment shall, on account of his religious sentiments, be disqualified to hold any office or place of trust or profit . under this Commonwealth. 1 , Sec, S. Elections shall be free and equal; and no power, civil or military, shall at any time interfere to prevent the free ex ' sreise of the right of suffrage. 1 1 Sec. 6. Trial by jury shall be as hereto- fore, and the right thereof .remain invio- , late. - . . i ' Sec. .7." The printing press shall be free to everr person who may undertake to ex amine the proceedings of the Legislature or any branch of the government, and no ' law Bhall ever be made to restrain the ' right thereof. ' The free communication of thoughts and opinions is one of the invnl ... liable rights of man, and every citizen may - freely speak, write ana print on any sub- ' ject, being responsible for the abuse of ' that liberty.' No conviction shall be had 1 In any prosecution for the publication of papers relating to the official conduct of officers or men in public capacity, or to any other matter proper for public investiga tion or information, " where the fact that such publication was not maliciously or negligently made . shall be established to . the satisfaction of the jury ; and in all in dictments for libels, the jury shall have the right to determine the law and the facts, under the direction of the court, as in .other eases. . ' Sec, 8. The people shall be secure in their persons, houses, papers and posses sions from unreasonable searches and seiz ures, and no warrant to search any place or . to seiiso any person or tbiugs shall issue , without describing them as nearly as may De, nor without probable cause, supported by oath or affirmation subscribed to by the amanb ... ;" Sec. 0. In all criminal prosecutions. the accused hath' a right to be heard by himself and his counsel, to demand the na ture and cause of . the aeousation against him, to meet the witnesses face to face, to have compulsory process for obtaining wit nesses in bis favor, and, in prosecutions by indictment or information, a speedy public trial by an impartial jury of the vicinage ; he cannot be. compelled to give- evidence against himself, nor can be be deprived of his lite, liberty or property, unless by tin judgment of his peers or the law of the land. , , ...vi ,' Sec. 10. No person shall, for any indic ate onence, oe proceeded against cnim nally by information, except in cases aris ing in the land ; or naval forces, or in the militia, when in actual Bervice, in time of war or public, danger, or by leave of . the court for oppression or misdemeanor in office. No person shall, for the same of fence, be twice put in jeopardy of life or limb ; nor shall private property be taken or applied to publio use, without authority of law ana without just compensation being urst maae or seourea. "V Sec. 11. All courts shall be open : and every man for an injury done him in bis lands, goods, person, or reputation,, shall have remedy by due course of law. and right and justice administered wittiout sale, denial or delay. Suits may be brought against the uommonwealiu In such man ner, in such court and in such cases as the legislntuie may by law direct. ' Sbc. 13. No power of ' suspending laws hall be exercised unless by the legislature or by its authority. ... i , 8 ec. 13. Excessive bail shall not be re quired, nor excessive fines imposed; nor cruel punishments inflicted. Sec; 14. ; All prisoners shall be bailable liy sufficient sureties, unless for capital offences when the proof is . evident or p re sumption great ; and the privilege of the writ of nubtae eorput shall not be suspend ed, unless when .in case of rebellion or invasion the public safety may require it . Sec. 15. No commbssion of Oyer and Terminer or Jail delivery shall be issued, - Site. 16. The person of a debtor, where there is not strong presumption of fraud, shall not be continued iu prison after de livering up his estate for the benefit of his creditors in such manner as shall be pro scribed by law. cue. 17. No ex pott facte law, nor any law impairing the obligation ot contracts, or making irrevocable any grant of special privileges or Immunities, snail be passed. Seo. 18. No person shall be attained of treason or rciouy by the legislature. r 'v;1 i r rr A Sec. 19. No attainder shall -Work cor- uptlon of ii blood, nor, except during the if of the offender, forfeiture of estate to the Commonwealth.-1 The estate of such persons as shall destroy their ! Own lives shall descend or vest as in onset of natural death, and if any person shall be killed by casualty there shall be no lorrettnre Dy rea son thereof. ''' Sec' E. The oitlacns have a right in a peaceable manner to assemble together for their, common good, and to -apply to those invested with the powers oi government for redross of . grievances or .other proper purposes. : by petition, "addressee tempn- strance. Sec. 21. The right of the citizens to bear arms in defence of themselves and the Btnte shall not be questioned. - ; Sec. 22. JNo standing army shall, in time of peace, be kept up without the-ooiMeatof the legislature, and the military shall in all cases and At all times be in strict subordi nation to the civil power . i, n ; . Sec. 23. No soldier shall in time of 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 bv law. ' Sec. 24. The legislature shall not grant any title of nobility or hereditary distinc tion, nor create anyiffice the appointment to which shall be lor a longer, term than during good behavior. Sec. 25. Emigration from the State Bhall not be prohibited. ' iir.ii... . ,: Shq. 20. , ,To guard against transgres sions ot tbe high powers which we have delegated, we declare that everything in this article Is excepted out of the general powers of government and shall forever remain inviolate. .iT A u. u .':.! " ARTICLE II. .... . ' ' !'" The Legiilatur 1 ''.!' . Section 1. The legislative power of thii Commonwealth shall be vested in a Gener al Assembly, which shall consist of a Sen. ate and a House of Kcpresentatives. ' Bec. 2. Members of the General Assem bly shall be chosen at the general election every second year,. Their terra or service shall begin on the first day of December next after their election. Whenever a va cancy shnll occur in either House, the pre siding officer thereof shall issue a writ of election to fill such vacancy for the remain, dor of the term. Sec. 3. Senators shnll be elected for the term of four years and Representatives for tbe term of two years. . i .,.,, . Sec. 4. .The General Assembly shall meet at twelve o'clock noon, on the first I uesnay of January every second year, and at other times when convened by the Gov ernor, 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 sessions, the Governor shnll convene the two Houses, by proclamation on notice not exceeding sixty days, . to fill the same.' . -i " .-' Bec. 5. Seuators shall be at least twenty. five years of age and Representatives twenty-one years of age. They shall have been citizens and inhabitants of the State foul years; and inhabitants of their respec tive districts one ; year next before , their election (unless absent on the public busi. neBs of the United States or of this State.) and shall reside in their respective districts during their terms of service. ; ' Secj A.' No Senator or - Representative sbnIL during the time for which he shall have been elected, be 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 be a member of either House during his contin nance in office. ' ' ' BeC. 7.' No person hereafter convicted Of embezzlement of public moneys, bribery, 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 uommonwcaiui. - 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, and no other compensa tion whatever, whether for service upon committee or. otherwise. ' No member of either, House, , shall, during the term for which he may have been elected, : receive any increase of salary, or mileage, under any law passed during sucn term. PbC. 9. 'The senate shall, at the begin ning and close of each regular session and at sucn other times as: may be necessary, elect one- of its members President tro tempore, who shall perform the duties of the Lieutenant-Governor, in any case of absence or disability of that officer,' and whenever the said Office of Lieutenant- Governor shall be vacant,. The , House of Representatives shall elect one of its mem. bers as Speaker. Kach House shall choose its. other officers, and shall judge of tbe election ana quauucations oi its members. Sec. 10. A majority of each House shall uuiiBULiiLu a quuiuiu, uut Biunuer iiuiuuer may adjourn from day to day and compel the attendance ot absent members. . Sro. 11.. Each House shall have power to determine the rules of its proceedings and punish its members or other persons for contempt or disorderly behavior In its presences to enforce obedience to its pro cess, to protect its members against vio lence or of offers of bribes or private solic itation, and, with the concurrence of two- thlrdR, to expel a member, but not a second time for the same cause, and shall have all other powers necessary for the legislature of a free Suite, A member expelled for corruption shall not thereafter le eligible to either nouse. and punishment for con tempt or disorderly behavior shall not bar an indictment for the same onence... m . Sec, 12. Kach House shall keep a jour nal of its proceedings and from time to tiurfi publish the same, except such parts as re. quire secrecy, and the yeas and nays of the members on any question shall,' at the de sire 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, unless when the business is such as ought to ue kept secret.- ;..;.! ..('. Sec. 14. Neither House shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting. ' Bkq. Iff. The ' members of the General Assembly shall in all cases, except treason, felony, violation of their oath of office, and breach or surety of the peace, be privileged from arrest, during their attendance at the sensionn of tholr respective Hon sea and in going to and returning ; from it same 4 and for any speech or ificbate1 in cither House they shall hot be questioned in any other i'lnce. ' It. '! v ij t i; f ( Sbc 10. .the State shall be divided Into fifty, senatorial districts of compact nod contiguous territory as nearly equal in population as may be, and each district shall be entitled to elect one Senator. Each county containing one or more ratios of population shell be entitled ee-one- Senator I or eacn ratio, ana to an aoauionai senator for, a surpluSrOf population exceeding three-Hflus of .a ratica Uit Jio county sliuu form a separate district unless it shall con tain four-fifths of a ratio, except where the adjoining counties are each entitled to one or more Senator) when such County . may be assigned a Senator on less than four- fifth anaVexeeedingone-hnlf of- a ratio n and no county shall be divided unless en titled to two or more Senators. ' No city or comity shall be eatitled to separate repre sentation exceeding one-sixth of the whole number of Senators. . No ward, borough or township shall lie divided in the formation of a district. " The senatorial ratio shall be ascertained by dividing the whole popula tion of the State by the number fifty,. 1 Sec. 17. Tbe members of, the House of Representatives shall be apportioned among the1 sevcrhl bounties, on a ratio obtained by dividing the population of' the State as as certained by the most recent United States census by two hundred. Every county containing Icbs than five ratios shall have one representative for ' every full ratio, and an additional representative whenithe sur plus 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 oity containing a popu lation equal to a ratio shall elect separately Its proportion of the representatives allot ted to the county in .which It is located. Every city entitled to more than four rep resentatives, and every county having over one hundred thousand inhabitants shall be divided into distrlots of 1 oompact and con tiguous territory, each district to elect its proportion of representatives according to its population, bnt no district shall elect more than four representatives. Sec. 18. 'The -General Assembly at its first session after the adoption of this Con stitution, and , immediately 1 after- each United States decennial census, .shnll ap portion the State into senatorial and repre sentative districts agreeably to the provis ions of the two next proceeding sections., . ARTICLE III, : ..- r .. ;.: 1.. 1, Legitlation, , .,1 '., : . . . Sec. l.i No law shall be 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 un less referred to. the . committee, returned therefrom, and printed for the use of the members. " ' " ' " ' ' '" ' SeC 8.l Nd bill, except general appro priation bills, shall be passed containing more than one subject, which shall be clearly expressed in its title. ' Sec. 4. 'i' Every ' bill shall be: rend at length on three . different - davs in each House ;' and all amendments made thereto shall bo 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 tbe vote be taken by yeas and nays, the names of the persons voting lor and against the same oe entered on the journal,, and a majority of,, the members elected to each House be recorded thereon as voting in its favor. ' Sec. B: "No amendment to bills by One House shall be concurred in by the other, exoept 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 ; and reports of committees of con ferenoe shall be adopted . in either House only by the vote of a majority of tbe mem bers elected thereto, taken by yeas and nays, and the names of the voters recorded upon the journals.' ' 1 ' Sue fl.. .No , law Bhall be revived, amended, or provisions thereof extended or conferred, by reference to its title only, but so much thereof as is revived, amended, extended or conferred - shall 1 be re-enacted and published at length. -. J 1: -i- 'n; j i i I Sec. 7. " The General Assembly shall not pass any local or special law authorizing the creation, extension or impairing of liens 1 regulating the affairs of counties. cities, townships,, wards, boroughs or school districts ; changing the names of persons or places ; changing tuo venue In civil or crim inal cases : authorizing tbe . laying out, opening, altoring or maintaining roads, highways, streets or alleys ; dating to fer ries or bridges, on incorporating .lorry or bridge oompanies,except for tbe erection of bridges crossing streams which lorra bound aries between this and any other State vacating roads,town plats, streets or alleys; relating to cemeteries, . giaveyards, or pub lic grounds not of tlie btute ; authorizing the adoption or legitimation of, children locating or changing county seats ; erecting new counties or changing county lines ( incorporating olties, towns or villages, or changing their charters j for : the opeuing, and conducting of elections, or fixing or changing the mace of voting ; granting di vorces; erecting new townships or boroughs: changing township lines, borough limits or school districts ; creating offices, or pre soriblng the powers and duties of officers in ' counties, cities, boroughs, townships, election or school distriots 1 changing the law of descent or succession ; regulating the practice of jurisdiction of, or changing the rules 01 evidence in, any judicial pro ceeding or inquiry before courts, aldurmen, justice of the peace. Bherifls.commiasionerii arbitators, auditors,, masters in chancery in other tribunals, or providing or changing methods for the collection of debts, or the enforcing of judgments, or prescribing the encct of .judicial tales of real estate ; reg ulating the fees, ,ov extending the powers aud duties of aldermen, lust ices of the peace, magistrates and constables ; regulat ing the management of publio schools, the building or repairing of school-houses, nod the raising of money for such purposes fixing the rate of interest ; aileoiing the es tate of minors or persons under disability, except after due notice to all parties in in terest, to be recited In the special enactment; remitting tines, penalties aud forfeitures. or refunding moneys legally paid into tbe treasury ! exempting properly from tax ation ; regulating labor, trade, mining or manufacturing ; creating corporations, or amending, 1 renewing or extending the charters thereof ; granting to auy corpora- r i. j J ;i , tlori; ssoo?fttioh or Individual, any special oi cxlusivo, priviloge or immunity, ot. to any corporation, association or Individual the right to lay down a railroad track ; nor Snail the -General Assembly Indirectly onact such special or local law by the partial 1 re peal of the general law $ but laws repealing local or special acts may be . passed j . nor shall any law be passed granting powers Or privileges in any case where the granting of such powers and privileges shall have hen provided for byjrenernl Inwjtror where tne courts have Jurisdiction to grant the same or t give-ieo reuet asked for. 1 fckd I.a No local Or special bill shall be passed unless notice of tbe intention to ap ply therefore shall have been published in the locality where the matter ot the thing f be 'affected may be situated, which notice shall be at least thirty days prior to the introduction Inttvtne General " Assembly of such bill and in the manner, to be provided by law; the evidence ot such notice having been published, shall be ; exhibited in the Oeneral Assembly before such act -shall be passed , ,j ,., . ,1 i., 1.. . Sec. 0. The presiding o"fficer of the House shall, in the presence of the House over which he presides 'sign' all ' bills and joint resolutions passed by the General As sembly, alter their , titles have been pub licly read immediately before signing ; and the fact of signing shall be entered on the journal.' 1 1 decv 1U. The General. Assembly shall pre scribe by law the uumber,duties and com pensation of the officers and employees of each House,' and no payment shall be made from tbe State treasury, or be In any way authorized, to any person, eaotpt to an aot 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 offi cer, servant, employee, agent or contractor, after services have been rendered or con tract made, nor providing for the payment of any claim against the Commonwealth without previous authority of law. i. , Sec. 12., ; All stationery, printing, paper and fuel used in the legislative and other departments of government shall be ' furn ished, and the printing, binding and dis tributing of the laws, journals, department reports, and all other printing and binding, and the repairing and furnishing the balls and rooms used for the meetings of ' the General Assembly and its committees, shall be performed under contract to be given to the lowest responsible bidder below such maximum price and tinder such regulations as shall be prescribed by law ; no member or officer of any department of the govern ment shall be in any way interested in such contracts, and nil such contracts shall be subject to the approval of the Governor, Auditor General and State Treasurer. Sec. 13. No law shall extend the term of any publio officer, or inorease or diminish his salary, or emoluments,' after his election or appointment. Sec. 14, 1 All bills for ' raising'' 'revenue shall originate H the House of Represent atives, but the Senate may propose amend ments as ifl other bills. ,.t ..-: . j . 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 publio debt and for public schools ; all other appropri ations shall be made by separate bills, each embracing but one subject..' -.-.';' ( .. ' Bec. 10. No money sball be paid out of the treasury, except upon appropriations made by law, and on warrant drawn by tbe proper officer In pursuance thereof. ' Sec 17.- No appropriation shall be made to any charitable or educational institution not under the absolute control of the Com monwealth, other than normal schools es tablished by law for the professional train ing of teachers for tbe public . schools of the State, except by a vote of two-thirds of the members elected to each House, . . . '' SeoV 18.' No appropriation, except for pensions or gratuities for military servicos, shall be -made for -charitable, educational or benevolent purposes, to any person 01 community, nor to any denominational or sectarian institution, corporation or . asso ciation,' ' '""I i-.;.-'it.i hi ,. 'H,i.'' , Skc. 1ST. ,1 The - General, Assembly may make appropriations of money to. institur tions wherein the widows of, soldiers are supported or assisted, or ' the orphans of soldiers are Maintained and educated ; bnt such appropriation shall be applied exolui sively to the support of such, widows nd orphnus. ' Sec: 20. The1 General .' Assembly shall not delegate to any special commission, private corporation' or 1 .association, any power to make, supervise, or interfere with any municipal improvement, money, prop, orty 01 effects, whether held in trust, or otherwise, or to levy taxes or perform ''any municipal function whatever.- n: ; . , Sec. SI-., No aot of the General Assem bly shall limit the amount to be recovered for injuries resulting . in death, or for in juries to persons or property ; and, In cases of death from such' injuries, the right ' of action shall survive, and - the General 'As sembly 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 from other causes,, , dif, fercnt from those fixed by general law -regulating actions against natural persons,and sueh acts now existing are avoided. "' ' ' Seo. 29.-' No section of 1 the General As sembly shall authorise the . investment 1 of trust funds by executors, administrators,, guardians or other trustees, the bonds or stock of auy private corporation, and such acts now existing are avoided saving Invest ments heretofore made. " Sec. 23. Tbe power to clwnge the venue in civil and criminal cases shall be , vested in the courts, to be exercised iu such man ner as shall be provided by law. ' 1 Sec. 24. No obligation or liability of any rail rood br Other coi'iorntidn, held or owned by the Commonwealth, shall ever be exchanged, transferred, remitted, post poned, or in any way diminished by the General Assembly, nor shall such liability or obligation be released, except by payment thereof into the State treasury. " ' y Sec. 25.., When the General Assembly shall be convened in special session, there shall be no legislation upon subjects other than those designated iu the proclamation of the Governor calling such session. '. i.Sko, Eg. , Every order, resolution or vote, to which tbe concurrence of both Houses may be necessary, except oil the question of adjournment, shall be presented to the Governor and before it shall take effect be approved by him, or bciog disapproved, r-rz rr. : ..! ; r ' shall be, ri-pafecd by two4hrds of both Houses according to the rules! and limita tions presoribwi In cases of a bill. 1 , t ; ' SeC( 27;' "No Sta'lo office, shall M contin ued or created for the1 inspection ot meas uring of merchandize, manufacture or com modity, but any county or municipality may appoint such Officers when, authorized bylaw. V. ; H!'V; ' 1 ' ' Sec. 28. No law changing tluj location of the Capital of the State shall be valid until the same shall have ' been submitted to. the qualified . electors pf, tbe Common wealth at a general election and ratified arid approved by themi Ml. '.V Sec. 20. A member of the General As sembly who shall solicit, demand or re ceive, or consent to xecelve,.direct,ly or in directly, for himself Or for another, from any company, corporation or person, any money, - office, appointment, "employment, tosimonial, reward, thing of value or en joyment, or of personal advantage, or prom ,lso thereof for Lie vote, ot official influence, or for withholding the same, or with an understanding, expressed or implied, that his vote or oliicinl action shall be in any way influenced thereby, or who,' shall so licit or demand any' such money or "other advantage, matter or, thing, aforesaid for another, as the consideration of his vote or oflical influence, or for . withholding the same, or shall give ot withhold his veto or, influence in consideration of the payment or promise of such money, advantage, mat ter or thing to another, shall be held guilty of bribery within the meaning of this Con stitution, and shall incur the disabilities provided thereby for sajd offence, and such, additional punishment as is pr shall be pro vided Tor by law. Seo. 80. Any person who shall, directly or indirectly, offer, give or promise, any money, or thing of value, testimonial, priv ilege, or personal advantage, to any oxeoutive or judicial ollioor.or member of the General Assembly, to intiuenoe him in the perform ance of any of his publio or official duties, shall be guilty of bribery and be punished in such manner as shall be provided by law. Sec. 81. ; The offence of corrupt solic itation of members of the General Assem bly or of public officers of the State or of any municipal division thereof, and any oc cupation or practice of solicitation of such members or officers to intiuenoe their offi cial action, shall be defined by law and shall be punished by fine and imprisonment. Sec. 32, , Any person may be compelled to testify iu any lawful investigation or judicial proceeding against any person who may be charged with , having , committed the offence of bribery or oorrupt solicitation, or practices of solicitation, and shall not be permitted to withhold his testimony upon the ground that it. may criminate himself or subjeot him to publio infamy ; but such testimony - shall not afterwards be used against him in any judicial proceeding, ex cept for perjury in giving such testimony ; and any person convicted of, either of the offences aforesaid shall, , as part of tbe pun ishment thereof, be disqualitied from hold ing any office or position of honor, trust or profit in tliis Commonwealh. , ,-,- Sec. 83. A member who has a personal or private Interest.in any measure or bill proposed v pending before the. . General Assembly t shall t disclose, the fact ' to the House of which lie is a member, and shall not vote thereon. - ! : if.".. lAETICLttlVj' " "' '' " ;., o.l -! Tht KxeeutiM. 1 , " f 4 , Section 1 .The executive department of this Commonwealth sball cousist of a Governor, Lieutenant Governor, Secretary of the Commonwealth, Attorney General, Auditor Generul, State Treasurer, ' Secre tary of Internal Affairs and a . Superinten dent of Publio Instruction. , .;, , Sec. 2. The supreme executive power shall be vested in the Governor, who sball take care that the laws be. faithfully ex ecuted ; he shall be : chosen on the day of the general election, by the qualified elec tors of the Commonwealth, at the places where they shall vote for Representatives. The returns of every election for Governor shall be sealed up and transmitted to the seat of government, directed to the Presi dent of tbe Senate, who shall open and publish them, in tbe presence of the mem bers of both Houses of the .General As sembly. The person having the highest number of votes shall he Governor, but if two or more be 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 be de termined by a committee, to bo selected from both Houses of the General Assem bly, and formed and regulated iu such manner as shall be directed by law., . , . ' Sec. 3. The Governor shall hold' bia office during four ' years from the third Tuesday of January next ensuing bis elec tion, aud sball net be eligible to the office for tbe, next succeeding 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 Bhall be President of the Senate, but shall have no vote unless they be equally divided. , . Sec. 5. No person shall be . eligible to the office of Governor or Lieutenant Gov ernor except a citiaeu of the United States, who shall have attained the . age of thirty years, and have been seven years next pre ceding his election an Inhabitant of, the State, unless he shall have been, abseut on the publio business of the Uuited States or of this State. : SEC 0. ' No member of Congress or per son holding any office Under the - United States or this State shall exercise ' the. of fice of Governor or Lieutenant Geveruor. . .Sec. ,7. , The Governor shall . be . com-mamlei'-in-chlef of the army and navy of, the Commonwealth, aiid of the militia, ex cept when they shall be called into the actual service of the United Ktatcs." )' ' ' . Seo. 8. : IIo shall nominate and, by and with the advice and consent ot two-thirds of all the members of the Senate, appoint a Secretary of the Commonwealth aud an Attorney General during pleasure, a Super intendent of, Public.., IuscniotUm foe four years, and such other officers of the Com monwealth as he is or may be authorized, by tbe Constitution or by law to "appoint ; he shall have power to fill all vacancies, that piny huppeu,. jn ojliyes to which he may appoint, during the recess of the Sen- , ate, by granting' commissions which shall expire at the end of their next session': he shall have power to fill . any I vacancy that may hnpptu, during the recess of the Sen-, ate, in the office of . the Auditor General, Stnte Treasurer, Secretary of Internal Af-, fairs or Superintendent of Publio Instruc tion, in a judicial office,' or in any other