The miners' journal, and Pottsville general advertiser. (Pottsville, Pa.) 1837-1869, August 22, 1838, Image 4

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INSI1TEM011 . • • • •
- ' •
• TH OF PENNEitLYANL4,
wr Tint chieivr :molt OT olcp morraiND
. 111011:11LED AltD TUDIZY-10M—
Tusary-Eic9r.
COMM
I
,
i . •_eople of the Commonwenlth of Penn
'. .' ;alit' and 'establish; this CMiatitation for
•rn . eat ,
ARTICLE I.
~ . I The legislative power o ftis Common
shoji be vested in a Gene s Assembly,
hilleonsist of a Senate and liiirtatief Repre
': lf
~
.n 4. The representatives sti be chosen
hy the citizens of the city o f:hiladelphia
county respectively an the, second Tues.-
' ', ..r.•
.n I L No person shall be a representative
II slot have attained the age dr twenty-one
,a have been a citizen and in abitant of the
lie kens next preceding bis el tion, and the
, r thereof an inhabitant of the strict in and
'h he shall be chosen a repro pave, unless
havebeen absent on the
,p - übfig businets of
States or of this State. 1/
n IV. Within three years after the first
of the General Assembly, andtwithin every
entterm of seven - years, an etrameration of
blel inhabitants ithall be made. lb such man
elrail be directed by law.lAb number of
.ed
it:alives shall, it the several 10d5...0f mak
eduineration, be fized by the Legislature,
Hinted among the city of Ph il adelphia and
' counties, according to the number of
viva.
fts G. 43
See,
wealth
which
sentati
•DLUII
and of
day of
Sec
who e
IE
bit
w
tie
the Ile
EE
!ME]
lag
t 4;
the se
t pf
1
I ty z
hall
taitabl , l ibitanV in each: and sita IliPever be less
thin a tyinae greater than one hubdima. Each
county Ora) have at leist one represeifrative, but no
county hereafter erected shall be entili a ed to tesepa
tate re.resentatiOn until a follfrlei•Dt D mber of tax
able habitants Shall be contained . within it, to
entitle Oct to one representative aglkeably to the.
tatiti kit/Labatt then be establishedi 0,
Sc .on V. The senators shall be, chosen for three
ream .y the citizens of Philadelphia and of the
aeve counties at the same time, in Ale same man
lier, a. d at the same places where they shall vote ,
for re. ~ eriteriees„ !.
on I I. The number of Senate shall, at the
eeve periods of making the enumeration before
menti.ned,,be fixed by the Uegislat*e and appor-.
tinned amobg: the districts formed Ale hereinafter
. acieording to the number orWxable inhaba
b.nbt n Drifil : and shalt never be less than one
retuth nor venter than one-third, o f ihe numuer of
relates later res. , i' • •
. 1 Sec ion lin. The senators shall b' 6hosett in die,-
tricts, to 4. foymed by the legiilatur ,0 Out no dis
trict hat/ he so formed as to entitle , t to elect mote
than ftee senators, unless the num/went taxable in
habit its in any city or county slutil, at any time,
be mob as to entitle it to elect more tiOn two, but no
eityor County shall be entitled to 4ect more than
rone . totatars 0 when a district shit) be composed
oft or more counties, they sha t be adjoining;
neithitr the city of Philadelphia nor y county shall
be divided in forming a district. .'. .
5)&000 111. No person shall lida
senator, who
limn
i l
mn no( love attilued the age of twi t ty-five years,
andlmve been a citizen and inhabit of the State
four *ears next before his election, d the last year
thereof an inbahitane of the distribt for which he
shall be ebisen, UDiC9B be shall hivelheen absent on'
the p bile business of the United dates or of this
State and no person elected as alsaitt; shall hold
said! ged after he shall have remtv '
,from such dis
4rici. !
f ir
,i,
Settion IX. The senators who take he elected at
the first Omer& election atter the' Mdoptian of the
eunindnutats to the constitution, 'hal be divided by
' lot Vito three classes. The Seats of '':The senators of
the firstlclaseshalt he vacated at tfig espiration of
thefitst };ear; of the serond.rlass at, Me expiration,
o f tlut second year ; and of the thirfOlass at the ex
piratim o f the third year ; so thisA . thereafter one
third. of the whole number of senators may be chose.
every year. The senators elected
a gtre the amend-;
meats to the constitution stattl be • ' ted, shall hold]
their °Pees daring the terms for SiMich they slid! ,
respectiVely have been elected.
...
SetaOn X. The General iih2ll meet on;
the drat Tuesday of January. in ey#ry year, unle.s ;
sooner Convened by the Gover_nor.:l
" Rettion XL Each house shall cliellcdorwits Speaker
and other officers; and the Sena teLthall also chuiese
a Speaker pro ternpore, when the SiWaker shall ex.?
, -
arose the office of Governor. .
Seca4n XII. Each hOuse shalt iiiii.g e of the quail- ,
fmatkais of its members. Con'ested elections illag
be deteitmined by a committee to Iteg,elected, foimeal
end regialated in such Manner as sbPII he directed by!.
law., majority of each house Shelf constitute *
quoromito do business ; but a smaller number may
erllotlra f from day to day, and nay'he authorized by
law to eompel the attendance of abiititt members, iti
.'such i rn nuer and under such pc-416es as may - Atte
pmeide ."
.a
Secti n XIII. Each house may' ‘l”te-mine the
rules of its proceediort. piintsh it.= mein'bers tot
diecirdeily behaviour, mid with the' CiATClllrerice ut
twcethirds, expel - a member, but sib( a second time
for the s tme cause; and shall hleer other power'
neces fora branch of the ie :stature of a fre
State.
.t'
.Sectitm XIV. rie legislature , stilt riot hove pow*
to 464 laws annulling the rontrant of marriage its
any rake trhern. by low. the rourtiqqf this Unnumni
treez;thare or nosy hereafter be enitiowered to sfecrle
a di r.
Stion XV. Each house shall Iteep a journal of
its proceedings, and publish thrall weekly, except
sech parts as may require seercey i and the jells
and neks of the members on annipiestiou shall, lit
the deice of any twp of them, lie eutcted on the
journals. l
, Section XVI. The doors of each house and di
committees of the whole slialli ire open, sinless,
when the business shall be such 4 4 ought to be kept
7, speot4 • ,
St
• n 1. - VII. Neither house 'shall, without the
con of the other, adjourn fot f inad than thi4e
days, or to any other place than „that i which the
two h es stall be sitting.
i
sh 7 la te nx .. v a it e l o . m T p ti , e n g u e rn a n ta f rs or -i p d pir re s p erv es i enta t t o iv l tt
' rt 'tied by law, and paid out of the treasury df
Crimnumwealth. They shalt 'ln all cases, ei- '
ce lteason, felony and breachilor surety of the '
k
peace; be privileged (min arres` during their 0-
tendatlee at the session of their 'respective houses,
and in going to ; and returning (Mit the same. Aed
for any speed' or debate in eitheS house, they shrill
tick be questioned in any i e_her place.
- Section XIX.'No Son or or representative el4l,
during the-time for which he shalt have been sdeet
ed„.be appointed to any civil effies under this Cons
monWealth which shall have tqn created, or the
stmoltiments of which shall lia'ren tocolutsrd
du tip such time: and no meut rof
.Congress pi
o er!person holding apy office
i i pi of alto:f e y -
at IV and in the militia) unde ,ithe United Sta s
or ' Commonwealth, shall be flimember of e ither
bo ' during his continuance ' Congress or 'fin
, t
o al
tion,-XX. When trasnineso' iihappen in either
bn %Abe Speaker shall issue iihits of election !te
al Rich vacancies.
,r
tion EXI. All bills for raedug revalue 411
'lisle in the house of repretientatives, but the
8 atetnav propose amondments!',l%, in other bills,
.3z itl
. Section ')C...X.11. No money lbe dmwo from
th t4easury but in couseqtre
..' of appropriatious
m def,by law. • ) s. "• •
tior`XXlll. 'Every hill . hicb . shall bve
pail both houses shall be, ' isented to the o•-:
sterner: If he approve he shag sign it, but if ir e.
stnillisot epptove he shall retu it with his obi -
Sins to the house in which it shill! have originated,
w to shall miter 'the obActitins -it: large upon their
'-, mals and procced,v 're-e4ider it. • it, after'
s'.err-consideration, tr . . thi ... .f 'that houseihall -
. - ? tp:ppis the Mk it ~ - 1 sent Witifithe 01.'
WP ?BACH' BRANDY,',..
• 41.Bd...1_ernaleil• Spirits. !it , •
Do Cherry Boutter.—for ale by • !
MIT 4. FA .44iTAGG8:RTyl,
Julke 23=48
„..,.
.:....,74 . -_,,...1.,...„,..., ::: I ~...,
- OOP: itriltkbei reiiiiclifwi Mt e. •-
shall be' ve-cdend;:"lind if - ptittrived tiY" tvro
thirds of that huge,it,atiall bet law. Jilitt.ia midi;
rthe votes Of Mithlotisea shall be deteitnined
,yeatultdruiylp, and:the wanted perdoimmatingi
f torttgainstAble hill shall be enterettowthmjaui ,
is of mich_tulase respectively: if ally bit aball,:.
t no termed by ibe Mvirriar WittlilF tea, days
( undays
• iMeeited) slier ii shall Nave bgen pre
4nted to Itim,lt(ball be a law in like manner as if
Ihad signed t, unless the General Assembly; by'
eirudjonfamp I, prevent its return, in which case
i sball.he a "rot nutrias pent back wittin - three
r e
ay.* after Heti ext meeting. .
1 Section -TM ...Every order, resolution or vote
ijo whichAthe' 'lntreace,,at. both hoyipialoO, -be
i
eee5.,524 - ttit4 ' - ..otr - a., question Of: edjOutitmeilt)
Ili be'preati led to lire:Ooveitiori_endiie'iore - zit
• alltake.rif t, be approved by tibtr,mitigrliitt- , '
pproved,sbh! ', be jaw...vied by, two-thivii,of bath I
ouseOmebrd: fo•theamies and liadtiktiaat .the
ribed in ea:Wird a bill.
dratted,
Section XXVI, No corporate body shallbe hereafter
ailed, renewed or"ertended, with banking or dig- 1
4ounti.n g prielleges, without sit months precious
'public. slake ' , the intended application for' the •
tame in such , as shall be pre scrAettly law.
Nor shalt any ' arter for the purposes aforesaid, be
granted jorz ri lottger period than twenty years. and
every such c fer shall contain a clause reserving
to the legislaturethe pater to alter., revoke or annul
!he same whetter in their opinion it may be info
clout to the e' izeru of the einntoonwerdih, in such
manner however. that no injustice shall be done to the
corporators. No law hereafter enacted, shall create,
renew or extend the charter of more than oneeorpo
teiticm. :I •
ARIICLE H.
,
' Section I. The - Supreme Executive power of this
p. ommonwezlo shall be vested in a.Grivernor.
4 Section 11. The Governor shall he chosen on the
second Tuesday of Octobelli by ti 4 citizens of the
Commonweal at at the places whelp they shall re-
Spectively, vo e for representatives. The returns
of every election for Governor shall be sealed up
;and transmitted to the seat of pvernitient„ directed
Ito the Speaket of the Senate, who shall open and
Ipullish them ' in the presence of she members of
:both houses.° the legislature. The person having
the highest;
• umber of Notes shall •be Governor.
:But if two orlmoce shall he equal and highest in
votes, one of 'them shall be chosen Governor by the
joint vote oil the members of- both houses. Con
tested elections shall be determined by a Committee
to be seleete4 from both houses of the legislature,
and formed arid 'regulated in - such manner as shall
be directed by law.
Section 1114 The Governor shall bold his ("Ellie
during three *ears from the third Tuesday of Janu
ary, next ensuing his election, and shall nut be
capable of ho drug it longer than air in any term
af nine yearn. •
'.. Section IV 4 He shall be at least thirty years of
age, and have been a citizen and an inhabitant.of
this State seven year: bout before his election I
unless he shall have been absent on the public
'. business of the United States or of this State.
. . _
. .
B.ition V. l . No member of Congress, or person
holding any opine under the Unlined Staltes or - this
State shall siervise the office of Governor.
Section SI; The Governor shall at stated times
receive for hfs services a compensation; which shall
he neither iticreased nor diminished during
.the
period f6r which he shall have been elected.
Section C l .' He 5 fist -c
II be commander-in-chief of
the army an navy of this Commonwealth, and of
the -militia, cent when they shall he called into
the actual sft Wee of the United States.
Section VIM lie shall appoint a Secretary of the
CoinmorwrelUth during pleasure, and he ,hall nomi
nate and by , nd frith Me advice and consent of the
Senate app o i nt - all judicial officers of courts of
record, tint-at ofherstise proridedfor in this Coils/J..
trdion, tle joke(' hare prover to fill all vacancies
that may happen in such judicial 'elites during the
recess of the peenate, by granting commissions which
shall e. Aire at the end of their next session : Pro
tided, that in aeting on executive ruminations the
Nenate shall it tri,h open doors, and ,in-confaiminir
sr reject;ng' the nmainaliEnts of the Governor, the
vote shall , ie taken be yeas and nays. .. .
Section IX. He shall have power to remit noes
And forfeitures, and grant reprielf es and partial's,
oxnent in e4es of impeachment
Section Xi He may require information in writing,
from the aftteers in the executive department upon
.tny subject ..itlating to the thitie of their respec
tive offices. . •
Section Xt. He shall ; from time to time, giee•to
the General Assenwly information of the *Lae of
the CommOtiwealitt; and lecutomestil to their eon
sideration such PIe2NUIPS as he shall judge expedient.
Section Xtl. He may, on extraordinary occasions,
convene the General Assembly ; and in case of
disapeemeht ttetweett the two houses, with respect
Gt the time`` of- adjournment, adjourn them to such
!hue as he think proper, nut exceeding four
mouths.
Section Niii. He shall take care that the laws
be tAthfally executed.
S,ciion XI V. in case of the death or resignation
of the Governor, or of his removal-from office. tin
Speaker of the Senate shall exercise the office of
Governor, until another Governor Shall be dull ,
qualified ; put in such CUSP another Governor' sh4l.
be chosen at the next manna! dectson of represeata
tires, units arch death, resienation or remora!,
shall OCCI4I, within three calendar eum , As immedi
ately prereding such next annual demon, in which
ease a Governo'r shall be chosen oil the second suc
ceeding ulnae! election of representatives. And
if the tri g of a contested election shall continue
longer than until the third Monday of January
next ensuing elf eleetion of Governor, the Governor
of the WIC year or the Speaker of the Senate who
may be in the exercise of. the executive authority ,
shalt continue therein until the determination of
such contested election, and until a Governor Shall
be duly qualified asiaforetaid.
Section V. The Secrdary of the Caninundrealth
' shall keepis fair register of all the official acts and
proceeding of the Governor, and shall, when re
quired, lay the same and all papers, minutes and
vouchers. relative thereto, before either branch of
the legislature, and shall perform such other duties
as shall be entoined.him by law.
ARTICLE' 111
Section T. In elections by the riti rens every white
freeman of the age of twenty-one years, having re
tided in this state one year, and in the election dit
trict where he offers to tote. ten days isemediatety
preceding such election, and within two years paid
a State or County taz, which shall have been as
sessed at least len days before the elertion,shall enjoy,
the rights lof an elector. But a eitisen of the United
States whO had previously been a qualified voter of
this State l and removed therefrom and returned, and
tcha. shall Plate resided in the election district, and
paid 'areal as aforesaid, shall be entitled to vate,ajler
residing 1p the statesirowntits. Provided, that white
freemen,%n t rens 9f the United States, between the
ages of t lil St-one and twenty-two years, and hon
ing resit% in the State one year, and in the election
ri
distct 1 days as aforesaid, shed) be entitled to
vote,al • 0 they shall not bane paid laza+, .
Section 1 1 . All elections Shall be by ballot, eX4
reptpersons th lug
by in their representative cepa,
cities, se shall vote.viva voce.
Seetionifll. Electric's shall in all cases, except
treason, felony, and breach or surety of the peace ' ,
be privileged from arrest, during . their attendance,
on electts, and in going to and returning front
thent. , '
ARTICLE 4V
' Section I. The House of • Representatives shall,
have the 'tole power of impeaching.
Section IL All imtwachments shall be tried bt
the Semite I when , sitting for that purpose..,th
Senators . otall be upon oath or affirmation. Nq ped-r ,
son shall be convicted wi th out the edricturenee o
two-thi pof the member, present.
Semi° 111. The r.. .a l wor, and all other civil ,
tw i ce
as.
officers under Ws. . , 'wealth, shall liat4 to
impeachMent re ° , 4sit ' our ha 3 . ;btit .. .,
u#raest ) inn 1...;
... n.ot -lurtintit
than ' hiernor4l . '. idisqinslidtaitirintlio
hold an office .' -4, . t.orit,sitider this
Common ealthi.• Tlis•Arg whe th e r convicted- Ole
.. - . 1
.
SSLAON. Stl.4o:4Pickletr &lawn, Na
IBoieortiqcvialer
Burling6arirtirririta.areforialeasy
-Mn4Eil itA.GcgalT.l
413 t
• 3 ~ . e
. -
IMMIN
•
„, • MINERS'.
-I,r V
-
sMdknevertmlelle eel/able to indictment,itel4,Mgestc and OdtisluntiOtlrectirding to taw.
AvriciaiN: i .
-
judicmt
. eitieree of thiettmanoe..
* be trested,4m Supreme Court, in
Co or Oyer 141 - Terotlnei_ntld Geheial Jail De- _
livery, it Court or Coalition Pleas, Orphans' Court,
Register's , Court, and 'n court of Quarter Sessions
'of the Peace, for each ebnotys in Justices of.-the
-Peace, and in koch - Other Carats u the legislature
may from time to time establish.
section >I --The .beiges of the Supreme Court, of
therseteral Cotirts of Common Pleas, and of such
other Courtrif Record as are or don be established
by ifatO,,-skall be fulminated by the Governor, and by
ttn4 with the• consent of the Senate appointed one
cormahorianed by him. The fidget of the Supreme
CoUgt shall had their offices for the term of fifteen
years (f theY atoll so long behave themselves well.
The president judges of the several Cowls o f C.ontarani
Fleths and of such other Courts of Record as are or
shall established by law, and all other judges re
gard to be Ranted in the law, shall hold their dices
frir the term often Oars if they shall .so long behave
theoundent well. The Asitoetatejudgesof the Courts
ate Coeunon Pfau- shall hold their Opera for the term
of jrve years if they shall so long behave thersuudees
well._ But for any reasonable cause which shall not
be sufficient ground of impeachment, the Governor
may remove any of them on the address of two-thiuds,
of ea:rh branch of the legislature. The judges of the
Supreme Court and the presidents of the several
Corals of Common Pleas shall at stated times receive
for their servites an adequate compensation to he
Arai by /away/4a shall not be diminished during
their continuance in dike, but they dial! receive no
fees or perquisites of ore, nor bold any other off.ce
of profit under this Commonwealth.
•44etirin-111. Until otherwise -directed by law, the
Courts of-Common Pleas shall continue as at present
established. Not more than fire c•unties shall at any
time be included in one judicial district organizes,
for said Courts.
Section IV. The j u r isdiction of the Supreme
Cionitt shall extend over the State ; and the judges
thereof, shall by virtue of their offices, be justices
of Oyer and Tertnine end General Jail Delivery, in
the several counties.
Section V. The judges of the Court of Common
flats, it. each county, shall by virtue of their
o ces, be justices of Oyer and Terrrliner and Gene
ral Jail Delivery, for the trial of capital and Other
offenders therein ; any tore of the said, judges, the
president being one, shall be quorum : but they
shall not bold a court of oyer and terminer, or jail
delivery, in any county, when the judges of the
Supreme Court, or any of them, shall be sitting in
the same hounty. The party accused, as well as
' the Commonwealth, may, rnder such regulations as
!Mall be prescribed by law, remove the indictment
and proceedings f er a transcript thereof, into the
Supreme Court.
Section VI. The Supreme Court, and the several
courts of comma's pleas, shall, beside the powers
heretofore usually exercised by them, have the I
power of a court of Chancery, so far as relates to
the perpetuating of testimony, the obtaining of
evidence from places not within the State, and the
care of the persons and estates of those who are
pon compotes mends. And the legislature shall
vest in the said courts such other powers to pant
relief in equity, as shall be -found necessary: and
may, from-time to time, enlarge or diminish those
powers or vest them in such other courts as they shall
judge proper, for the due administration of justice.
Section VII. The judges of the court of common
pleas of each county, any two of whom shall be a
quorum ' shall compose the court of Quarter Ses
'mons of the peace, and orphans' court thereof ; and
The register of wills, together with the said judges,
Or any two of them, shall compose the register's
court of each county.
Section VIII. The judges of the courts of common
pleas shall, within their respective counties, tive
the like powers • with the- judges of the Supreme
Court, to issue writs of certiorari to the justices of
the peace, and to csuse their proceedings to be
brought before them, and the like right and justice
to be done.
Section IX. The president of the court in each
circuit within such circuit, and the fudges of the
court of common pleas within their respective
comities, shall be justices of the peace, so far as
relates to criminal matters.
Section X. A register's office, for the probate of
_wills and granting letters of administration ' and an
office for the recording of deeds, shall be kept in
each county.
Section XI. The style of all pwress shall be'
" The Commonwealth of Penftsylvanis." All prose
cutions shall be carried on in the name and by the
authority of the Commonwealth of Pennsylvania,
and conclude " against the peace and-dignity of the
same."
Section T. Sheriffs and .coroners shall, at' the
times and places of election of representatives, be
chosen by the citizens of each eonnty. - One person
shaft be chosen for each office, who shall be commis
sioned by the Governor.- They shall hold their
offices for three years, if they shall -so long behave
themselves well, and until a successor be duly
qualified I but no person shall to twice chosen or
appointed sheriff, in any term of 'six years. Vacan
cies in either of the said offices shall 'be filled by.
an appointment, to be made by the Governor, to
continue until the next general-election, and until
a successor shall be chosen and qualified as afore
said.
Section .11. The freemen of this commonwealth
shall be armed, organlied and disciplined for its
di :fence, when and in such Manner as may be directed
by law. Those who conscientiously scruple to bear
arms, shall not be compelled to do so, but shall pay
an equivalent fur personal service. -
Section 111. Prothonotaries of the Supreme
Court shall be appointed by the said Court file
the term of three years if they so long behave
themselves tea. Prothonotaries and clerks of the
several other courts, Recorder's of deeds, and Re
gisters of wills, shall at the times and places of
election of representatives, be elected by the qua&
fled electors of each county, or the districts over
which the jurisdiction of said' arena extends, and
shall be" nonmissioned by the Governor.
shall hold their offices for three years if they Z 1
so long behave themselves ece/l. and until their'
successors shall be duly gunk:Ali. The kgisl a .
lure shall provide 'by law, the number of persons'
in each county who shall hold said offices, and
how many and which of said Oka shall be hdd
by one person. Vacancies in any of the said of
shall be filled by appointments to be made
by the Governor, to continue until the rust gene
rat eledion, and until successors shall be elected
and qualified as aforesaid.
Section IV. Prothonotaries, clerks of the peace
and Orphans' courts, recorders of deeds, registers of
wills, and sheriffs, shall keep their offices in the
county town of the county in which they, respec
tively, shall be officers, rimless when the Governor
Shall, for special . reilslni, dispense thhrewith, for
any term not eseeeding Ave years after the county
shall have been erected.
Section V. All commissions shall be in the name
and by the authority of the'Commonwealth of Penn
sylvania, and be sealed with the State seal, and sign
ed by the Governor.
Section VI. -A State -Treasurer shall be elated
annually, by joint vote of both brunches fir the.legis
&tare.
Section Judie* rf the peace of aldermen
gall be ,ekded in the sevend wards, boroughs,
and townships at' the tiple - of the dedidi of con
ttabter by .. thequarited voters thereof, in such.
number as shall be by law, and shall be
commissioned by the Governor far a term of faw
yeart4 but no tatnathip - Want or borough shoo
elect more than tprojuaticer of the peace or alder
-ntenioilhodt the.aolsent of anudority of the qua
-iffielieleitars within . suck township, wart bo-.
- 7 ,7 01 40 4 '
Sec,tiou vm 4114;crs whoa( eke-tiers or op
'Ointment 4 not provided/or in this constitution,
eleeted.orappointal as giatt be directed
OrSt.. reoeited sod Sor sales 'apply of Bow
. and Taw Linda'. :0 •
HAZZARD Qy STRAUCH.
ME
ARTICLE VI
- f
iffail
,
t'7747,7
ORMWS
X/ 4017 lt'i l frioiafa . 0 - 1 - 4
ii,tiniabi'er=iiZ4lAthterf#
cii and inpaSseiteVietione .Nl6l4 , befent
itie?lpPaiiit4int; ilthe'esturoly skiff -Uri
m i r
tear ta &lig - .- . .. - but i f it shall not hate been
Ar"Pni. t!e&iii4 within- the: li m.its t f the
coisidy,ot tiMsiilifi: irtahleliieshat/ have ban
fiOtn• No . _i___ -, 0 rconagms - ifii. au s late ;
or any p*son.hotafts,or exeressrag any eau,.
apntmetil of Meg - pi profit under the - United
Slates, shake! the lame time hold or essovise any
dice in this stale, 0 *hick a salary is, &fees or
perquisites are by annexed; and the kgista-
Ittre may by law ‘l4eksre what State offices are in
compatible. Nomimber of the Senate or Of the
house of rfpresentakees i shag be appointed by the
Governor to any a during the term far. which
he shall have been ,
. Section 'LK. 411 igexrh for a term oirryears
shall hold' their offilpa for the terms respectively
sp eeified, ants o n the condition that they ao long
behave themselves uitil i and shall be removed on
anwietion of miabel raviosu in office or ofeany in
famous enamel I
Section. X. Any person who shall, after the
adoption of the amendments proposed by this
Convention to the "Constitution, fight a duel or
send a challenge fol. that purpose, or be aides- or
abettor infighting a duel, shall be deprived of the
right of holding wily office of honour or profit in
Otis State, and shall be punished otherwise in such
manner as is, or may be prescribed by law. but
the executibe may twat the said offense and an
its disquahlwations.
ARTICLE VII
•Section.t. The legislature shall, as soon as con
veniently may be, pso . vide by tow, for the establish
ment of schools throughout the State, in ouch
manner that the pair may be taught gratis.
Section fl. The arts and sciences shall be pro-.
rooted in one or roue seminaries of learning.
Section M. T h e! rights, privileges; immunities
and estates of relig)uus societies and corporate bo
dies, shall remainal! i f the constitution of this State
had nut been alterell unarnended.
Section The t legislature shall not invest any
corporate body or 'individual with the privilege
of taking private troperty for public use, without
requiring such adoration or individual to make
eonspeinsaliim in lAe owners of said property. or
give adequate security therefor, before such pro
perty shall be takiiu
ARTICLE VTTT
Members of the-bcneral Assembly, 'and all offi
cers, executive and judicial, shall be bound by oath
or affirmation, to support the constitution of this
Corom ,, nwesnh and to Del form the duties of their
respective offices cd{th fidelity.
ARTfCLE TX.
That the genera great and essential principles of
liberty and free go ernment may be recognised and
unalterably estabf hed, WE DECLARE, TEAT
i i
Section L All M n are born equally free and in
dependent, and tiav certain inherent and indefeasible
rights, among Whin are those of enjoying and de
fending life and liberty,• of acquiring„, possessing'
and protecting prOherty and reputation, and of pur
suing their own habpiness.
Section 11. All ilower 'is inherent in the people,
and all free governments are founded on their an
thority, and instituted for their peace, safety and
happiness ; For the( advancement of these ends, they
have, at all times, an unalienable and indefeasible
right to alter, reforin or abolish their government, in
such manner as th4y may think proper.
Section 111. All ;men have a natural and indefea
sible right to worship Almighty God, according to
the dictates of their own consciences; no man can,
of right, be cone lied to attend, erect; or support
any place of worship, or to maintain any ministry
against his consent; no human authority can, in any
case whatever, control or interfere with the rights
of conscience ; and no preference shall ever be
given, by law, toping religious establishments or
modes of worship.',,
Section IV. No person who acknoWledges the be
ing.of a,God and g future' state of rewards and pu
nishments, shallaccount of his religious ienti
merits be disqual ified to hold any office or place of
trust or profit unddr this Commonwealth. .
Section V. Elections shall be free and equal.
section VI. Trial by jury shall be as heretofore,
and the right thereof remain inviolate.
Section VII. Tice printing presses shall be free to
every person who undertakes to examine the pro
ceedings of the legislature, or any branch"of go
vernment: And no law , shall ever be made to re
strain the right thereof. The free communication
.of thoughts and opinions is one of the invaluable
rights of man.; aryl every citizen may freely speak,
write and print qn any subject, being , responsible
foe the abuse of that liberty. In prosecutions for
the publication of papers investigating the official
conduct of officers, or men in a public capacity, or
where the matter 'published is proper for public in
formation, the tn/th thereof may be given in evi
dence: j... And -in I indictments for libels the jury
'shall have-a right determine the law and the feed,
'under the di • of the color, as in o th er cases.
-Section VIII. people shall be secure in their
persons, houses, papers and possessions, from unrea.
sonable searches, ilnd seizures : And no warrant to
search any place; or to seize any person or, things,
'shall hum, withbnt describing them as nearly as
may be, nor without probable cause supported by
oath or affirmatiob. ,
&SOM. i.X. 114 all . ertminal prosecutions, the ac
cused bath a right to be heard by himself and his
counsel, to demand the nature artli cause of the ac
cusation against liim,•to meet the face to
face, to ? have cotpulsory process for.obtaining wit
nesses in his fa', or, and, in prosecutions by indict- -
merit or informstion, s speedy public trial, by an
impartial jury of the vicinage; he cannot be tom-
I
pilled to give e'idence against himself, nor can-he
be deprived of. Is -life, liberty, or property, unless
by the juogme t of his peers or the law of the
land. t
Section X - . lt d person shall, for any indictable
• offenee, he pros ed against criminally by infuria
tion, except in - - - -oases - arising in the land or naval .
i
forces, at n Able militia when in actual service in
time of war i
oripublie danger, or by leave of the
court,,for uppresSern and misdemeanour in office. No
i
person shall, fo the same offence, be twice put in
jeopardy of lif or limb ; nor shall any man's pro
perty-be taken r applied to public use, without the
consent of his, representatives , and without just
compensation b ing made.
Section XL II courts shall be _open, and every
Man (or an inj y done him in his lands, goods, per
son or repots ' n, shall have remedy by the due
course of law, d right and justice administered,
withontsale, d ial or delay. Suits may be brought
against the Cimou wealth in such manner, in sued
courts, and in {itch eases ai the legislature may by
law direct. •
Section Xflto power of suspending laws shall
'be exercised, "less by the legislature, or its au
thority. $
Section Xlifi Excessive bail ,shall not be re
quired, nor esquire fines imposed, nor cruel pn-
Disluriente Wilted. ,--
Section XIS' All prisoners shall be bailable by
sufliCient sateen., unless for capital offences, when
the proof is evident or presumption peat great; and the
privilege of thf writ of habeas corpus Abell not be
suspended, maps when, in eases of rebellion or in-
eastern the public safety may require it.
Section XV-kNocorrunissitio of Over and Terminer
rl .
•:or.joul *dive shall, be issued. • •• ..
Section XV The person of a debtor, nme.
the is not tong presumption of fraud, shall twit ,
be " titinned ifi prison,' after delivetin' g Up. his estate
for the beneflof his creditors, in such manner is
. shall be press bed by law.' • • ..
c
uo
tkui va t Sl Na as post facto law, nor any law
'im lring eon ' shallbe made. . -. ~.r
- ' n XI, No person shall be altainted at
yea on or felly by the legislature. •
Sion X No attaidderkhall work corruption
of lood, nor; eeptdUtingthe Woof theleffetidet:
You *ruin.of tate to the commonwealth f. the sis-
Of inch *ions as Judi •destriy,thels. own
I )l . l t s .'s•A . '" ell4 - 9 1 - -iM.:lk-i .in •54P-4,1W14111
; f el:
'
5 00 r
, r
LBS. BACON, jeat..-repeived and
it ea by the anbaeriber.
' '• • J. C. KERN.
• 46.
I
juotr 16
' a•
—its *right, in
lopther, for their comm.
'•lvasred with thepowers
if:;playani tr other
iti,r address or icemen
iiiens beir arms,
'the State , ail not
theag astitter
consent"
lall, in all cases, Slid
it all times :begin strict sibosilinathe to the civil
power.
Section XXI* No soldier shall, rod time of peace,
be quarteredlii sinyhoose without the consent of the
°miner, nor in time of war, but in a Manner to be
prescribed by law.
Section xxrir. The legislature shall. ..not grant
any title of nobility or hereditary distinction,. nor
create any office Om Uppomutient to which stall be
for a- longer-teem than during good behaviour. -
Section XXV Emigration from the State Shall
not be prohibitid.
Section X 704 To , uard *pipit transgressions
of the powers which we have , delegated, WE
DECLARE,ithit every thing this article is ex
cepted Out of the general powers of government, and
shall for ever remain inviolate.
Any amens/grid or amendments to this. conetttu+
Lion may lie.proposed in the &nate or House of Re
presentative*, and if the same shall be agreed to by
a majority of the members elected to each House l such
proposed aniruiment or amendments shall be entered .
on their join:Seals; with the yeas and nays taken
thereon, and the Secretary ('the Commonwealth shall
cause the wane lo be published three menthe before the
ei ; tend
nest election, in sat t one newspaper in every
cowl., in which a n spaper shall be published; and
i
If it the kgs lature afterwards chosen such pro
posed anseiutmeit 'or - ments shall bi agreed to
by a majority cf the. inegtbers elected to each house,
the Secretary ft, the .ortswealth shall cause the
same againto be • • • -. in manner aforesaid, and
such proposed • , • - • or amendments shall be
sutmutted ki Ai p . . e in such manner and at such
time, at teat tterse . . the, after being so agreed to
by the two houses as he keistature shall prescribe;
and if the people a , I approve and ratify such
amendment or a • - - shy a majority of the qua..
- lifted votersof this ~ e voting thereon. suck amend
ment or • - . - . shall become a part of the con
stitution; but no amendment or amendments shalt
be submitted lathe people oftener than once in five
years ; Prdvided, that if more than one ant
be submitted, they shall be submitted in such=fr
and form, that , the people may vote for or against
each amendment stparately and distinctly. .
ARTICLE X.
I e :ZDIILE.
That no ineonv • ce may arise front the ahem.
tions and stakendmelts in the Constitution of this •
Commonwealth, thd in order to carry the same into
complete operatic*, # is hereby declared and ordain
ed, That, ' t
I.
• Section All I of this Commonwealth in force
at the time when e said alterations and amend
ments in the said stitution Shall take effeet, and
not inconsistent therewith, and all rights, actions,
prosecutithis, claims and centred, as well of indi
viduals as of bodies;orpotate, sha ll continue as if
the said alterations d amendments had not been
made. ,
Section IL The alterations and amendments in the
said Constitution slthll take effect from the lust day
.
of January; eightee nhundred.and thirty-nine.
Section 111. The lenses, sections, and erticles of
the said Crinstautio , which remain unalteied; shall
continue to be construed and have effect as if the
said Constitution bad not been amended..
eecuou 1.. the Generai Assembly wrath sna.t
convene in December, eighteen hundred and thirty
eight, shall continue its session, as heretofore, not
withstanding the provision in the eleventh sectioh
of the first article, and shall at all tithes be regarded
as the first General Assembly under the amended
Cunstitutien. , .
Section M. The Governor who shaftbe elected in
October, eighteen hundred and thirty-kight, shall be
inaugurated on the third Tuesday in January,
eighteen hundred and thirty-nine, to which time
the present eirceutive term is hereby extended.
.
Section. VI; The commissions of the judges of the
Supreme Court, who may be. in office on the first day
of January next, shall expire in the following man
ner, The commission which bears the earliest date'
shall expire on the that day of January, Anno Do
mini one thousand eight hundred and forty"-two ; the
commission neat dated shall expire on the first day
of January, *ono Domini one thousand eight bun
' dred.and forty-five ; the commission next dated shall
expire on ttte first day of January, Ames Domini
one thousand eight hundred and forty-eight; the
commission nest dated shall expire on the first day
of January, Anno Domini one thousand eight hun
dred and' tifty-one ; and the commission last dated
shall expire on the first _day of January, Anno Do
mini one thousand eight hundred and fifty-four.
Section VH. The 'commissions of the President
judges of the several judicial districts and of the
associate law? judges of the first judicial district shall
expire as.fullowts t The commissions of one-half of
those who shallitrave held their offices ten years or
p i
more at the ado b 'On of the amendments to the tonsil
ninon, shall ex on the twenty-seventh day. of Fe
bruary. one thou 'nd eight hundred and thirty-nine;
the commissions of the other half of those who shall
have held their offices ten years or more at the adep
tion of the amendments to the constitution, shall
expire on the twenty-seventh day of February, one
thousand eight hundred and forty-two ; the firsthalf
to embrAce those whose commissions shall bear the
oldest date. The commissions of all the remaining
judges who shall not have held their offices for ten
years at the adoption of the amendments•to the con
stitutionxliall expire on the twenty-seventh day of
February net after the end of ten .ears from the
date of their vommissions. -
Section VIII. The Recorders of the several May
ors' Courts, bud other criminal coasts in this Com
monwealth, shall be appointed for the same time,
and in the same manner, as the president judges
of the several judicial districts; of those now ii
office, the commission oldest in date shall expire op
the twenty seventh day of February, one thousand
eight tumdred and Sorty-one, and the others every
two years thereafter according to their respective
dates. These oldest in date expiring fuit. •
Section . 1 . 14. The legislature at its firstxession un
der the amended eobstitation, shall divide-the other
associate judges of the State into four classes. The
commissions of those of the first class shall expire
on the twenty-seventh day 'of February, eighteen
hundred and forty; of those of the second class on
the twenty-eleventh day of February, eighteen hun
dred and foray-one; of those of the thud class on
the twenty-seventh day of February, eighteen hun
dred and forty-two; and of those of the fourth class
on the trveritY-seventh day oVFebruary, eighteen
hundred 'and, forty-tints. The said classes from the
first to fbe fourth !hall be arranged according to the
xebiority of the commissions of the several judges.
Section XL' Prothoriotaries, clerks of the several
courts - (except of the Supreme Court) recorders of
deeds and registers °lnas, shall be first elected under
the amended Constitution, at the election of . repro
sentalifica i# the_ leir eighteen hundred and thirty
nioe-,d11:: 'bell manner ss'may be prescribed by law. SU ,
'S . XL, ..the appantingtx•wer shall reit:lain-as
here reoind all otticen in the appointment of the
.4 4:1
executr d itment shall continue in the exercise
of the duti 'ta thetnie tt pectiee offices until the
legislattire! ball Pesti laws as may be required
by thric ' th't kieCtionjef e sixth 'article of the
emend „iti4 atitUtion, and until appointme.nti , sham
~;"`" "Tal e -,„_!kln .er r euth laws; unless their cotnmissions•
•""" r,,Pljicklierlt4 by new appointments, dr shall
soonerlturpireloy their own limitations, or the said
eifices!abill i rme vacant by death or resignation,
• And said) la idled be enacted by the first legisila'
tureunder amended constitution.
d.4,.i 1 l
• , Sect IL !Vie first election for aldermen and
Rot i* 49 _of e ;nee shall be held in the r ear eight
een .titre X if forty, at the time gxg4 for the
election of --ltablet‘• The legislator at its 10:1!t
01
b eider. - • • •
3 uo, - . Cra4 , ador, received..and
"'•‘ 4 ; *-_lllltitElt HAGGERTY:
Pot 11,1838. 53- -
!MEM
ride
'
amiii4ol46lo'
appiaiwteskitill
theirirea u ctaw
dyr.sv;110111
new ediruktisaiont
thoingoninthsajons,
/a ~ !ostirtiony that
congt4.4inik of .
convent:kin; We
,etlirrition have
Philadelphia, the
ary,Aano Domini
indaltirty-elett:a,
• the United. Oaten
halt; , be killed b 7
fodeitqrs by reason
bulk Agnew,
M.3VByres,
, - kYree,
qldwin
gph il ifrp-Ranks, ,
John' Y.- Barclay,
Jacob Barndolar,
Chas, A. Barbital,
Andrei' , Bedford, .
Thos. S. Bill, • . "
James Carrell Biddle,
Lebbeus L. Bigelow
Sarni C.' Bonham,
Chag. Brown; -
Jeremiah Brown, • .
William brown,
Pierce Butler, Sarnuel - Cerey
John Commit',
Thomat S. Cunningham, r William 'Pitt% . . • t pi l r e.
Win. Darlington, oel .
George Chambers,: ' ,W . M.
John Chandler, Jamel
los. R.. Chandler, I..evi M
Ch. Chauncey, Wm. V.
Nathaniel.Clapp, limes) M
James Clarke, Christtan
John Clarke, ' D. Nevin,
William Clark; W'm. 0'
A. J. Cline, Iliram' I.
Limiley_Coates, Vas
R. E. Cochran ,- i .l es T
Thos. p. Cope, i runes
Joshua F. Cox,Sarni.
i
Walter Craig, ' E. C. '
Rkhd. kr-Crain. . A. H.
Geo. T.:Crawford, Geo.
Cornelius Cram, Jon . . 1
Benjn. Martin, Il!' G.
' John L. M'Cahen, Sarro
E. T. M.Dostrell, i j Jame
James M'Sherry, 'Oath(
Mark Darrah, • John .
Harmer Denpy, . Tablas
John Dickey, .- G. Sol'
Joshua Dickerson,. I Geo. f
Jacob Dillinger . Hew
- Jas. Donegan, , 4eorgk
J. R. Donnell, . Therrlm.
Joseph Alt Doran, Geo. Sn
James Dunlbp, ' r - Wm. $r
Thomas Earle, Joseph
Ix 'Nf:Faritlly, ' Jno. p..
Roht. Fleming, -. Jacob-St
Walter Forward, Ebenieze
John Foulkrod, , Thomas
Joseph Fry, Jr. ' Morgan
John Fuller, ,' AMOS 7
John A. Gamble, Th.mtas
William .Gearhart, Jacob B.j
David Gilmore, , R. G.f W
Virgil Grenell, , Geo. W.
William L. Harris, , R. Vein
Thomas Haitings, I_,
(Attest,) S. Snocn, Secretary. i'
. .G. L. FAUtZ m i dit ar
. J. Wir.r.tasis,,s
SECRFITA
I certify, that n
copy of " , the Coro
Pennsylvania as
thormand eight
,eight" depdsited
• February, 1S1S ;
and the retained
lion in Milan letli
.BOOKI
BIBXN N AN hie
. envie eerkineeli
where an kinds of :
shortest notice at iott r
Blank
of every descriptionl
rates—end the tradti s
del phis: prices.
A.rilll
Leaden Pile I
BBA N NAN has est reeei.
"'en Pipe, whidh e wit ( w
superior quality, a , and f
and Winter Elydrantp, cooinr
materials, all of which he rviO
jime 13
10; YEARS Old, M
0 -1 11, being the st ock
ceased, and - sold o
milted and for salailly
- MIL
dune 23
TAPUI.
For the Ost.!
THL' Ta
Disimiered. and brOn •
•BY MONO
This is to certify t
as elixir in several,
1 have certainly feint
Member af'the
Unidori s Sept. 10.1
A friend . steppli
the re King thni •
marvellOns cure oil t
boy - in particular, 4 , h
a ten penny nail cied
at the decayed toOth
Gazette.
A fresh supply of
ed and for sale by ,
- • Solt) Ag
July 1-3
VAMILY BIBt.
jual received hp.
june 13
IaUPERICii Jo4e •
ctived hy
Pottsville, Juiy . ?1,
BY.Vintle or, q u , 1
itsued . out of el
Schuylkill Count :.
exposed to Public al
of August next, 011
of Peter Filbert, be . 1
Pinegroite. l
' =All that eettaih 1
Tolpetieeken Street
adjoining Land of:t ..
c i s
iormil,,,containg a e
leas;nolin at, t e
'the -apperbenan
, Conyul.,.P4q,
:-. 'Seized, taken id e
- - ' - - • PERT 3
-herifri Offien e Ot
.- burg, Aug. 43:4
MEM
7 el the
Collltlloll
wt 111
.ke will
tee.
look=
ade to
Fplie w
onongith
ofn priv ,
der of;
ER rot
S E
Lando.
;ITH
t tolls
;
,
'at I hive
L.s o fbr•
•
tt of ve
r .
st 0011
.0.
tort
, mi
e Tooth
looket: c'
of, ih t
• ml defie,
e above
nt (or ) S
V
. , from
for solo
eanita
N pi/IL;
838,
i
1
4 oil r.
cowl o
nd to m,
on Mo
kneprr,
I t of GT ,
Onal R
Swayt;
I 4148)6'
batnit.
-
; 11 - F
igo
-
.• 5
FESI
=
*ill pito.
iet similes
tbe, pee
detim be
fime,
the
Vtorat
it,
1
:33
ME
ZE3
Porter,
LIM
atz,
let),
Sill,
ley,
arigen%
dcel,
W. Stride
Ilf gart'
homas,
elver,
Weidman,
ite,
oodward,
Speretaries.
ins 28, 1838.
exact arid Met
nmonwealth c
tvention of co
r-seven-thitt
he 26th day
leing in Om)
insolent Constit
ohimonweil b.
•
KY. I
'-d a Book Biad
1.0 Book Stora,
bound at the
&c.
•er at the leweat
eleaale at Phila.
; pdranr ~
bat of Leqd
front to be ,or
Also,Sunintor
cited. of the beet.
cheap...,*
1 45
1 •
le -Rye Whiskey,
q Gentlemen, de
ecutara,just re-
GGERTY
48 .
IXIR
eurepf
CHE;
Pi
reatest perfection
A BERT. • .
ikried iour 'raptly;
th Ache..in w bleb
1 ,. great service.
.. :H ARVEY,
ge ofSuigeons.
\
t ' q he had visited
'n'd witnessed Mr
S. ehe. One little
vs enough to bite
In minutes smiled
~
.its pain .- -;U. S.
air just:Feeds
- HANNAN - ,
sylkil; county
• l-ly'
75 to $7 each
8. f3AI3N AN
Finns, just re
, .JIANS &
1: 1 . '56-
.gsponas t
IConiniwyk Voce of
( directed, will be
day . tlitt.2otb day
4Lott Itet.Beofe
9 the Itereetket.,
:. - , - ...,.., .:-...:::.:
uPidi siOiteitisiie,
1 fish • • CrteX-$Ol4.
cosi PAYPPIBATiaII
• tiMeatiarc, mote-or
Sprinuirgwvith
~ - , 44/my W.
to be by
WW,Sberiff.
- 6.t4-5