The miners' journal, and Pottsville general advertiser. (Pottsville, Pa.) 1837-1869, September 12, 1838, Image 4

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• of TQE
.11:20111 INVADHLD AND Durry-iir.vED—
• The People of the Cotrenowsi ' cad' of Penn
• • otilain nod establish this Coestitution fox
moment. •
its s,
. • ifskTIC.LEA.
akin I. T legislative power of this Common
. lb shall be vested inGeneral Assembly,
i h shall consist of- a Sena and House of Repre
atives. •
' tion U. The representatives shall be chosen
1 ally by the citizens of the city pf . Philadelphia
l °teach county relpectively on the second. Tues -.
r of-October—
i tiairllT. No
_person "ithall he's- representative
shall not have attained'-the age of twenty-one
i , and have been a Citixentand inhabitant of the
t three year* next precediAr hid election, awl the
year thereof an inhabitant of the district in and
' high he shall be chosen a representative, unless
all have been - absent on the public business of
United States or of this State. .
. tion IV. Within three years - after the first
ting of the General Assembly, and within every
i equent term of seven years, an enumeratiep of
! taxable inhabitants shall be made in such man- ' A RTIt'LE. 11.
,as shall be directed by law. ' The number of ection I. The' Supreme Exenutive power of this
r - ntatives shall, at the seve ral periods of mak- f uln monwealth shall be vested n a Governor.
; such enumeration, be fixed by the Legislature, ection 11. The Governor sha be chosen on the
; a s i e r ra tir
c ita i zi m ong . t y l e ie ,,,, e l i , V. n y g uif t. Pl th il , ...die,ulPl ia er an i . e s
oin n m .l
i ' , l , 'u t e a s i d l t h sy ti t l .
whose ci t t b iz e) en i s ha of ti the re _
blelinhabitants in each: and %hall never be less sp ctivele,' vote fur representatives.. The returns
siltty nor greater than one hundred. Each of eveiTy election for Governor shall be sealed up
oty shall have at least onerepresentative, but nu an -transmitted to the seat of ,g tvernment, directed
nty hereafter erected shall:he entitled to a sepa- -to Ithe Speaker of the Senate, who shall *pen and
t representation nit til a - sittficient 'manlier of tax- ptAdish them in the presence of the members of
I inhabitants shall be sCottained witbin it, to luoilti houses sit the legislature. The person having
*tie them to one rept eseorf live agreeably to the tilt , highest cumber of votes shad be citiveruor.
t o which shall then i.e 1 ,! hailed. Bit if two dr !tune shall be 'equal and hkthest in
ec ion v.. The senanos -toll he ehosith i , •r three v.lll-c., one of them shall be chosen Gruvernor by the
- by the citizens of Philadelphia and of the jabot vote o f the members of loth houses. cm,
eralcuunties at toe ',MTV .lime, in the 2121 e man- telutusi elections shall he determined by a Committee
, and at the same tilacekwhere they shall vote tot he select -.l from both hotista'nf the legislature,
representatives. arid formed and regulated in such manner as 'shall
tam VI. The toimher of Senators shall, at the . h directed b ) l aw. . .
eral periods of m king the enumeration before Section 111. The. Governor• shsll held his office
ntioned, be fixed h' the Legislature and appor- di ring three vents from the third Tuesday of Janis-
Lined among the districts formed as hereinafter a y next ensuing Ins election, 211111 shall not be
fleeted, according to toe insintnn of taxable inhatn- r p.. 1•:e of !editing it longri than six, in any term
tpts in each; and shill ties er he less that% one- o nine yea's.
Mrth, nor greater than one-third, of the nutr.her of Section Ili . lie shall be at least thi,ity years of
resentatives. a p
a s , and have been a citizen aid an inhabitant ul
Section V . II. The senator..thall tie chosen in di - it is State set en years next te-f•re his election ;
rt., to he formed by the legislature; but no dis- • p i les . b e . h
, ii h . see been absent on the pubto ;
'et shall he so formed as to en' itle it to elect more 1 4 0 , otee , of the hatted si..tteh , or o f tht. State. ,
two senators. unless the of tad tad C in- I iS • CilOn V. N. tn;mbei 'of C.ngtess or person
hitants in any city. or roan'y;:stiqt., it arty time, *die , : one o'fice tinter the rnited States or this
sw - h as to entitle i: to elect 111. 2Cf thin t!ro, but no State
't e shill extoct.e the (ace of if Governor.
tY or couttie shall he entitled to elect more (ha " I.•ecuor, VI. The Covet - not slmll at stated times
or senators; u hen a detttict shad 1.. e composed receice for Is;. gt‘rt. ice< a citninwna Ilion. which shall
two or more counties. they shall he adjoining; i.e neither Mereaaed nor diminished dining the
neither the city of l'hilaittili-Itia nor Any county shall ve ,,.., 1 C,,, ~, t.d,; e h; .. . a t i ,ii h..‘.e . he., ebartiel.
tik rliside! in f trtviiii.r a rhsttic'. i 5t....t it. t 11. It. -h it 'r o..inittlt .. i.. r-01-ehiel of
t 'section ~ 111. X , p. , • -on sh II be a •iiin itor. who i f i ,,„ ~,„. „,,,e . u , .„ ~I flu. I' -, 2; .,1 W(11101,11114 of
shall not hose -ft. iiivd he age • f •, , •,•••t- ,, ..0 , - ~.., St f unit iti,,...xcept who. Ibex sti..ll be called into
a d have been .ei'izeti and nib ibilatut of the St..te 1 41
.. e „,, 1 ~,,, „. ~,f r ., I ~, ,/! .:, ;,,,,
four years 1111-It before his . lecti M. and the last year e t . ct i i n vi: ; • 11,.. 5 .;„,.;; ~,,f , ,,,in ; o e-'reelare if the
there-f an ii ha l 'rant of the dins-c: 1 wltteh be fairtrermieeo/ I d ',joie. pl•-••ter. and he thrd/ nom'-
shall l ' e ri"c". sal ".' h e ' halt h--'ye barn al'"',Pt on nate and by and if l'h the odrier nod consent of the
Ike i.u:- tic : 1/,llkt,a of toe L suited Stat.,. oi o f On' tlenfe Pa ? iIO ilt all jadieial rjricers ef canna' of
fate ; 'nd no person elec!ed as aforesaid, shall hold rs4.,or I, unl in o'her,ez sr prorided f,a ro this ronsii- '
titliid -,r: e after he shall hare remmed from such di.,- , d i e , , ii „h a lt ',tire prose! -to fill oft yricancies
tl - :et.a: mess happen in sorb judirint ,ffiduring -es the
! Seeoinsi IN . The senatars soon moo be elected of .. ea.: of Mrs Se-n ae, be arnatintr com Missions. which
t e first general-election after the adoption of the s t, at *!pi • -IV the end of 'heir nu( s-ss;on : Pro
adments to the constitution. eiholl be divided by , lilted . th ,. d . ie ee.,.1 im ererulire nomiriacions the
I into three classes. The seal-set/ the smear: qf `wont, shall bet wt' open doors, and in confirming
e first elan shalt be vacated at the expiration of ,v. r. j. t h e 0 ,..„,,t 0 ,,r,, 0e y. t h e G. tteentei . , t h e
t t
efirst .year; of the second rinse at the expiration ,i,,,,,10, ,it,b,,
:. ~, yeas by yr and nova
cif the second year; and of the third'elass at the ex- I Section IX. lie shall have ismer to remit fines
kalif's; of the third'year ;so that thereafter one- hot f ofettates, and grant repriet. es and parslons,•
ird ht the whole number of senators may he chosen i . seep• su cases of intreaehmers.
t l ,,
very year. The senators elected before the amend- scr•ion N. Ile may require isif irmatien in writing;
nunits to the constitution shall he adopted, shall bold irons the ...Merit, in the executive deteirtment upon
Asir griefs durine rh. terms for !shish they shdtt , My solute...l relating to the duties of (twit teepee
rlespectirely hare been elected.. i - ve "d.acs. .
iihSection X- The -General 41.sitOmbly shall meet on 1 Section Xl. lie skull. from time to time, give to
e hint Tuesday of ./onatory, tit every year, utiles, li st , . 6e ,, y ,, t
, ‘ ,,.,,,,„b1 y m f.„,, t i„„ of the tmte of
'loaner convened by the Governor., Ine Commonwealth, aid recommend 'to their con
! Section XL Each house shall choose its Speaker . „1,,,.. a .,t,,, „„0, 0 ,„,,,,,,,, asst.' shall juaze,xpedient.
and other officers ; raid the Senate t/IlPri also elt,tose 1 Seeti.tu All. lie in 11.. •-n extrio . rulinaiy occasions,
s Speaker pro tempnre, when the Speaker shall ex- :tut( ee lb.. tletterat ta-etOLly ; stud in • r use of
*mise the office of Govern w. - is.,g , evrit:ut Ite: w.te. the iwo htaises. with resp.:et
Section XII. Each bottle stein judge of thy quill- ,•s hp ri,ori of adj •u-t. rnritt, adj -.urn them to sorb
tleatiolla of, its meltilte Ix. Cott 'ealed el.-cu.te• _shill.. -,..., a s he Shall this: is pi oper, not exoreding lou t
lie determined by a ettrtmittee In 'l.' ~ 11 to tv.i. forme.,
end regulated in'sueh m unto., -so cts,ll I, .111Vf.i'd 1.
law. A majority of etch boos, sttatl cnnittittztei a
quorum to do business; but a •in,ller iminhet in y
adjourn from d ip to day. and m.y he 211 hilll9lllt by
low to cannpel the ettendanee of absent members. in
toicri_imuuiiir and tinder such penalties as may be
prt - ville.t.
Sect Xiion II. F'.2l'h /poise may drip -ulnae the
rules of its proceedin.;,, nun•sh 'its members for
disorderly beh.tvi tu., and with the concurrence of
two-thiris, expel a member, hot n;rt. :I seeond time
for the same cause; and shall h use an other powers
'Tweets:oy for a
_branch of the letr,..lature of a, free
.!irotion XIX. The le,sislature shalt nut have power
t t mart la,^s n•tnvltins. the ro•,lwi of marriage in
(im ease where, hi law. the .aurts of this Coin:mon
wealth are or may hereafter be empowered to decree
.a dit.orcr.
Section' V. Ejfh 110lIF:e
. .hn" knep j-.airortl
Its I ,,,ceediitr.,,, and p,bli.:ll -them weekly. except
such parts as may requite Ser . and the yeas
and nays of the menal.ebs on any gnestiim shall, at'
. the desire of any two of them, .be entered on the'
Section XVI. The doors of each Amuse and of
committees of the vibule shall be open, 'airless,
when the business shall, be 111111 as. ought to be kept
Section XVII. Neither house 111211, without the
consent of the other, adjourn for" more than thriy
days, nor, to any other place than in which the
two houses shall be sitting.
Section X% 111. The Setiatoriand representatives•
abaft receive a compensation for their_ services to he
aseestained'hy law, and paid out of the treasury of
the Commonwealth, They shall in all cases, ex
. eept treason. felony and breach or singly of the
peace, be privileged fiom arrest during their at
- tendency at the session 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 be questioned in any other place.
Section XIX. No Senator or representative shall,
j during the time for which he shall have been elect
, ‘cli , be appointed to any civil office under this Corn
; monwealth which shall have been created, or the
emoluments of which shall, have been increased
during such time : and no member of Congress or
other person boiling any office (except of attorney
at law and in the militia) under the United States
or this Commonwealth, shall he member or either
; house during his continuance ni Congress - '"or in
Section XX. When- vacancies happen' in either
house, the Speaker shall issue writs of election, to
filistsch, Vacancies. .
"Seciiitra X.XI. Ail bills for . nodal( revenue shall
originate in the, house of representatives, but the
Senate may, pnipibie Amrndrtirlits as in other hills.. 11
Seetind XXII. No money sh tit be drawn frothl
the treasury but in consequence of apprur
made by law.
Section XXIII. Every 1,111 which shall have
passed kith houses shall" he 'presented, to the Go-
Vell4ol. Uhe apprhve be shall eign- it, hut if be
shall not approve he shall return it With MI objec.
lions to the house in which it shall ha 4 originated,
who shall enter the objeekions of large upon their
journals and mocred to re-crininle, ' it , :thee,
such te-coniiiierition, that bruise shat
_agree to paSS- the bill, it shall he .I..nt with the of
1 4P LENDI 0 I ngrain Ca Alm) snnert
Jr Matting nun Eniry OnritOnig,'i , mt rercive .
by N NATHANS & (*a,
handle, .14 21,
~- ;~'_
yect)ons to the other house, by which Ilkeerke it
041 he re-considered, said if approved by
tliir of that house, itshall be a law. !let Mi suck,
tne votes of both houses - shall be - 4eteradstel
by eastand nays, and - the names of Perstill. 9- vb Jig
for In abinst the bill shall' be entered on the _tont-
nahi of each bodse respectively.. If any bill shall
not returned by the Governor within ten days
( days excepted) after it shall have been pre..
sen d to him, it shall be a law in like manner as if
he ad signed it, unless the General Assembly, by
the adjournment, prevent its return, in which case
it ' all be a law, unless sent back within three
da silir their next meeting.
.etips X X IV.' Every order, 'resolution at" vote
to Ixhieb the concurrence of both houses may be
ssary (extent on a question of adjournment)
sha i im presented to the Governor, and before it
,bat take effect, be approved by lam, or being dis
.ap - - red, shall be repassed by two-thirds of both
ho ses :according to the rules and limitations pre
ssa bed in case of a bill.
ectimaXXV. No corporate body shall be hereafter
crel ed, renewed or extended, frith banking yr
ce t ing priv il eges, without sir months previous
is notice of the intended apptirarion for the
8 in retch manner as shall be p escrihect by On. ~
shall lay charter far the purposes aforesaid, be
granter/ for a /over period than tirenly years, ant'
every such ritajler shalt contain a clause reserving
to he legisla:ure the ,awer Is alter, revoke or annul
the same whenever in their opinion it may be inju
rim& to the citizens of the roMmonawl; h, in such
manner however that no-injustice shunt,. dune to the
e, , or
co atom No law hereafter enarted, shall create,
r 9or extend the charter of marl than one corpo
r . ion.
r .it \ill.. He hall tiki care drat the law
It••ftli,V I. • , •
\ !he 4{ 1 .016 or l.
t the Governor, or of his refgoval from office, the
peaker of the Senate shall exercise the office of
Governor, until another Governor shall be duly
qualified ; but in such case another Governor chats
be chosen at the nest annual election of repristenla.
tiers, unless such death, resignation or remoral o
shall occur within three calendar months immidi.
ately preceding such nest annual declitm, in which
rase a Vbrernar shall be chosen at the second inc.
r'eedin,T annual election of representatives., And
at the pial of a contested election shall. continue
lunger than until the third Monday of January
next ensuing the election of Governor, the Governor
of the last year or the Speaker, of the Senate who
may be in the exercise of the executive authority,
shall Continue therein until the determination of
such untested election, and until a Governor shall
be duly qualified as aforesaid.
Section XV. The .Secretarg of the Cisinmmtuiealth
shall- keep a fair register of all the official acts and
proceedings of the Governor, and shall, when re
quired; lay the same and all papers, minutes anti
voucht vs relative thereto, before either branch of
the fesislature, and-shall perform such other duties
1 as she,: be enjoined him by law.
Seetion I. In elections by the citizens every white
freemen of the age of years, haring re
sided in this state one year, and in the election di*
tract Where he 'offers to rose, ten days immediately
peeler/ling such elect ion;"and within two yeitrs paiill
a Stall. or County tar, which shall have been as.
seised nt least len days before the election, shall enios
the, ri4hts of an elector. But a citizen of the United
Stater who, had previously been a qualified ,roter of
sale, and removed therefronr‘anit returned, and
who hare residi'd in the election district, and
paid I .res as of n-esaid, shalt be entitled to vote, after
t esidinir in the state six months. Provided, that white
chi :ens of the United States, between the
ages twenty-one and twenty-two years, and hne.
lira r sided in the State one ye w, and in the etertiors
eis:ri t ten days as aforesaid, shall "be entitled to
vote, although they shall not hare, *lid taro_
Sel , in IL All .eleetions shall be by ballot, ex.
cept t nee by prisons in their representative capa
cities, rho shall vote viva voce.
Setition 111. Electors shall in MSC*, eitcept
kreaain, f`elony, ind breach •or safety of the Peace,
tie privileged from *treat, during theis attendance
on elections, and in going to and returning from
~Section I. The House of Representatives ihap
bare b
e l
eianle power of impeaching. . !
S tion 11. AR
. imptiaciuments shall be tried bfr
the nate; when sitting fur that' purpose, the
Sena 're shall be upon oath or affirmation. •riftiper
son s all be convicted without the concurrence af
Iwo- irds of the members present.
S e tian 111. The Govirnor, and all oth = er chid
othems under this.ComMonwealtb, shall be , liable o
imtve,chinintior any misdemeanour in offfider InOt
julument, in inch cases, shall not extent farther
than to removal - from office, and, disqualification to
held ..ity arffice of honour, trust or profit, under this
Commonwealth: The party, whether co.nviCtedttp
dr Board* and Moldering L ath.
20 00 F( ' FT i Ind, Poplailloaida„. - ~
40 000 Plastering . Lakh, fur elk by
P Leine. Julj I I, ItZeit. 7, 45,:
M.llll)EiltS 9 JOURNAL .
eisidtted,shallimvertlieless be liable to madmen%
11 , A TICLEiIi:
Section I. The judigal Pirinir-of this Commore.l
.irealth shall be vested in a Supreme Court, in
of Oyer land Tembiet and Ge n eral Jail Pe
fiviTyl°, In a Court of Common Pleas, Orphans' Court,
lleipsteila Conti, and a Court of: Quarter "Sessions ;
Erthe Peace, for each count I In Justices of the ,
eace, and in inch other Courts as the • legislature 1
ray from time tto time establish.
Section pee judges of the Supreme Court, (11
the &okra/ Courts of Common Pleasiasul g o , suet
other Courts re Record as are or shall be established
by lam , shall be nominated by the Governor, and by
1 and with the consent 'of the Senate appointed and
commissioned isJ him. The judges of the Supreme
I Court shall hotel their.offices for .the term of fifteen
yearn (f they shall- so long behare I/tandem well.
The president leaden of the several Courts of Common
Pleas and of such other Courts of Record as are or
shalt be established by law, and all other judges re
quired to be learned in the taw, shall hold their. aline
for the term of tat years if they shall so long behave
:themselves well, The .Associate judges of the Courts,
of Common Pleas shall hold their off , for the terse
of five years (f. they shall so long balite themselves
well. Rut for any reasonable cshse which .• mot.
be sufficient ground of impeachment, the •
may remove any of them on the address of tiro-thirds
of earh branch of the legislature. The judges of the
Supreme Court and the presidents of the several
l'ourts of (*maim Pleas shall at stated times receive
for their sercirri an °devil:l4e 'compensation to be
, Ned by which shall not be diminished • during
their etneinuanni in office, MO they shall rewire no
fees sr pergola:* of ofere, nor hold any other (pre
' of pro/it under ii. h commonweal:h.
See ti,,n 111. Until otherwise directed by law, the
'our . i Cointnan Pkas shall continue , eu at present
est.iblished.. Not more than five counties shall at ••• •
time be included to one judicial dltrict organized
for said Courts.
Section IV. The jurisdiction of the Supreme
Court shall extend over the State; and the judges
thereof. •Mill by virtue of their offlims, be justices
of Oyer and Temitner and General Jail Delivery, in
the several counties.
Section V. The judges of the Court of Common
Pleas, in each county, shall by virtue of their
others, be of Oyer and Terminer and Gene
ra] J Dela, .0 fur the t:Lil of capital and ofhei
offenders ; any two of the said judges, the
presi lent hr erg ~e, shall he a quorum : but they.
shall not 1. .1: ,urt of over and terminer, or jail
delivery, in any c.iubly, when the judges of the
~upnme Croirt, o. any of them, shall be sitting in
•he sane county. The party accused, a: well as
he Commonwealth. may, under regulations as
.nali be prescribed by law, remove the indictment
nd price, diogs, or a transcript theiruf, into the
-uprenir Court.
Secuon \ I. The Supreme Court, and the several
eo.ts of c. , tnmt••r punt., shall, beside the powers
ii.-etotire usually exercised by them, have the
er .. a oft •'f Chancery, so far as ie;ates to
perpetuatiti,; of testimony, the obtaining of
evidence from pi ces not within the State, and the
care .if the persons and estates of those who are
And the legislature shall
vest in the said courts such whet powers to g....0t
.chief iii.equity,as shall be (mind necessary and
nay. fiom ti tie to time, enlarge or diminish those
powers VIVA tlvetil at: art urhaa cum is is OW) tall
u•lde prove,, he Jthntiligt4•lt-it of jt1.4 , .
Sreti a 11. rile judges of the cur: of e
.ie .s ot each c ty, any tarn of wham oll al be a.
CollipoNo the Ci/I4L if qua: ter .tees _
•ionie of the laser, and orphsns' e•.rart there•' i and
.he register of wills, together with the said judges,
~r any two 01 them, shall e'ointsise the register's
court of eArti county.
Section % 111. The judges of the courts of common
pleas shall, within their respective counties, have
the like posters with the judges of the Supreme
Court, to issue n•rits of certiorari to the justices of
the peace, and io cst:se their proceedings to be
brought before them, and the like right and-justice
to he done.
Section IX. The president of the court In each
circuit .within such circuit, and the judges Of the
court of common pleas within their respective
counties, shall be justices of the peace, 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
Section XI. The style of all . process shall be
" The Commonwealth of Pennsylvania." All prose
cutions shall be carried on in the name , and by the
aulturity of the Commorrwealtn of Pennsylvania,
and c.mcluae against the peace and dignity Of the
Section L Sheriff's and coroners shall, at the
times and places of election of representatives, be
chosen by the citizens of each county. One person
shall 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
themiwl , es well, and until a successor be duly
qualifiet i b. , no person shall be twice chosen or
appoint. I slii , lll, in any term of six years. Yaeari
cies iii either of the said offices shall be filled by
an appeinuri‘nt, to be made by the Governor, to
continue until the next general election, and until
successor shall be chosen and qualified as afore
Section IL The freemen Of this commonwealth
shall be armed, organized ni 2d disciplined for ill
defence, when and in such ner as may be directed
by tow. Those who conscientiously scruple to bear
arms, shall not be compelled to, do so, but shall pay
an equivalent for personal service.
Sectim :lIL Prathonotaries of the • Supreme
Court shall be appointed by the said Court fisr
the term opthree ,years if they so km g behave
themselves well. Prothonoteries and clerks of the
several other welch, Recorders of deeds, and Res
Osiers of wills, shall at ,the times and places of
election of erpresentativ'efs, be elected by the qua&
fierl elector* each county, or the districts over
which the juharNction of said courts extends, and
shall be commissioned by the Governor. They
shall hold their offices for three years if they shall
"so long behave themselves well, and until their
successors shall be duly qualified. The kgisla
lure shall provide by law, the windier of persons
in each county who dud, hold said offices, and
how many and which of said offices shall be held
by one person. Vacancies in any of the said of
fices shall be filled by appOintruents to be made
by the GOrernor, to continue until the nett gene
ral election, and until successors shall be elected
and qualified as Iforciaid. •
Section IV. Prodionotaries, clerks of the peace
and' orphans' courts, recorders of deeds, registers of
wills, and sberini shall keep their offices in the
county town of the county in which they; respee
firmly, shill-be officers, unless when the Governor
shall, for special-reasons, divpense therewith, for
any term not exceeding five years after the county
shall Save been erected. •
Section V. All Commissions shall be In the name
and by the authority of the Commonwealth of Penn.
• sylvania, and tie sealed with the State seal, and sign
ed by the Governor. •
Section VI. A fitate Treasurer obeli be elected
annually, bd joint vote of both branches of the legis
Section VIL 'justices of the peace or aldermen
shall beTel;ded in the amend words, boroughs,
and town. .48 at e the time of the &dim of eon
/Jab/ea by the t i fooli,fted voters ther4 in nisch
number aslohoLl ,be directed by law, and shall be
emizmisslona: by the Governor for a term of"re
yeftntt but no lauNship, ward or borough shall
elect more than bioujustices of the peace or alder
men without the 'consent of a noyfirity of the gun
lifted electors within such township, ward or bo
rough. ,
Section KTI I . whose election or ap.
paiatus,t is not pwifiertfur in this constitution,
shalt be dated :vpointgl as *hall be•directai
•_ - •
IMETHERS of etiperbir Away ref:eV/est its
late by ,
Sept li
: L iu
<by bum No 111* . n :shrill , , oe a Jletn ate
, tolany (tr :
within at, eOtif_dy tello AO; , ittert A .
Cititen did an iallabdimt th in one i*.' vt
before lir ~ ,*Peptmes._•4 if the nI k a l hare
been so kni ereded ihi ' st if it s nal I leen
so long erwhid, then within jhr //MIL if the
county or counties out bf Whiehlit shall hare been
i i
taken; No member of Con„ from this stale,
or any person holding, or ca:g ciny ff. or
appointment of trust of profu under the United
Slates, shall at the name time or eFercise any
office in this state, to . whit cilary ss, oft fees or
-perquisites are by law, an ; and' the Ikgisla
lure may by Jaw declare what ate qtfiaes are in
compatible No mender of the Senate or of the
house of representatives shall be appointed by the
Governor to any office during the term for which
he shall have been elected I ~ ..
Section I.Y. All officers fur l a term of years
shall hold their offices fur The iterms respect4reili
rpecified, only on the conelitioni that they so king
behave thenUelves teell s and shall be reneoeed on
conviction of misbehaviour in office or of any in
famous crime.
Section X. Any person whp shall, a f ter the
adoption of the amendments proposed by this
Convention to the-Constitution, fight a, duel or
- a challenge for that purpOn, or be aide: or
in fighting a duel,
m i mo shal be deprilod of the
ng any ewe ur or pryftt in
ankil . be pito otherwise in such
joeseribed by law ; but
said offence and yll
right of
this &ate, a
manner as is, or ni
Me executive may rem
its disqualifications._
Section I. The legislature shall, as - SI
veniently may be, provide by .law, for the ei - lb-idi
meat of schools throughout the State, is ?
manner that the poor may be taught gratis.
Section 11. The arts and sciences shall be pro
moted in one or more seminaries!of learning. -
Feefion 111. The rights, privileges, immunities
and estates of religious sucietieS and corporate bo
dies, shall retrial.' as if the constitution of this State
had not been altered or smendedi hai
r , Section IV. The kgislature s I not invest any
corporate body Or -individual evith lhe privilege
i r
of taking private property for iblic use, without
requiring such corporation or ',die:dual to ',Jobe
compensation to the owners n • said propenty, or
give adopude ser_urily there or, before such pro
perty shall be taken.
ARTICLE.: vii!.
hlenibers of the Geneial AssVmld) , and all ofh
tets, executive and judicial, shall Los bioind t.y ....t4
or affirm:4[, to support the constitution of Ito.
1 ommon wear, h emit. ',el form the duties. of Weir
ihsspective offices with fidelity.
That the general, great and essential principles of
liberty and free government may be recognised and
unalterably established, WE IThrLA ItE, THAT
Section L All men are born equally free and in
dependeut, and have pertain inherent and indefeasible
rights, among which are those of enpying and de
fending life and liberty, of acquinng, possessing
and protecting property and remstation, and of pur
suing their own happiness.
Section IL All power is inherent in the people,
and all free governments are founded on their au
thority, and- instituted for their peace, safety and
happiness ; For the advancement of these ends, they
have, at all timesoan unalienable and indefeasible
right to alter, reform or abolish their government, In
such manner as they 'may thing proper.
Section HI. 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 compelled 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 siith the rights
of conscience ; and no preference shall ever be
given, by law, to any religious; estab li shments or
modes of worship.
Section IV. No person who acknowledges the be
ing of a God and a future state of rewards and pu
nishments, shall on account of Ins religious senti
ments be disqualified to hold any office or place of
trust or profit under this Commonwealth.
Section V. Elections shall be Me and equal. ,
.Section VI. Trial by jury shall be as heretofore,
and the right thereof remain inviolate.
Section 'V11.,. The printing wises shall be free to
every persasrwho 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; and every citizen. may freely speak,
write and print on any subject., being, responsible
for the abuse of that liberty. In pipsecutions fur
the publication of papers investigating the official
conduct of officers, or men in alpublic ca4city, or
where the matter published is proper for • lic in
formation, the truth thereof may be given , n evi
dence: And in all indictments for ' libels die jury
shall have a right to determine the law and the facts,
under the direction of the court, as in otherinises.
Section VIII. The people shall be Secure in their
persons,'houses, papers and possessions, from unrea
sonable searches and seizures: And no warrant, to
search any place, or to seize any penscin or things,
'hall issue, without describing them as nearly as
may be, nor without probable cause , supported by
oath or affirmation.
Salim IX. In all enmmal pmsecutions, tbe ac
cased bath a right to be heard. by himself and. his
counsel, to demand the nature am! muse of the ac
cusation against him, to meet the witnesses face to
face, to have compulsory process fur obtaining wit
nesses in his favour, and, to prosecutions by indict
ment or information, a speedy public trial, by an
hnpaitial jury of the vicinage Lite cannot be com
pelled to give evidence againq himlelf, nor can he
be deprived of his life, liberty, or property, unless
by the judgment of , his peers' or the law of the
Section X. No person shall,, for any indictable
ofbence, be proceeded against criminally by ittfocua
tion, except in cases arising in the land or naval
forces, or in the; militia when iin actual service in
time of war oepublie danger] or by leave of-the
court, for oppression and misdemeanour in office. No
person. Shall, for the same offence, be twice pot in
jeopardy of life or limb ; nor Shall; any. man's pro
perty be taken or-applied to p u bl ic use, without the
consent of his repre,sentatiy , and without just
compensation being made.. ' •
Section XI. all courts shall'be bpen, and every
man for an injury done him in his lands, goods, per
son or reputation, shall have tremedy by the due
course of law s and tight and justice administered,
without sale, denial or delay. Snit* may be brought
_against the Commonwealth in snch.manner, in such
courts, and in sm.* cases as the legislature may by
law direct. I .
Section Xll. No power of sunnendirm laws shall 1
be exercised, unless by the legislature, or its au-
Section XIII. Excessive bail shall not be re
quired, nor excessive fines imposed, nor cruel pu-,
nishments inflicted. - '
Section XIV. All .prisoners shall be bailable by
suffiCient sureties, unless for capital oilbutes, When
the proof is evident or presumption great ; and the
privilege of the suit of habeas corpus shall not be
suspended, unless w hen„ in cases of - rebellion or in
vasum, the public safety may rtspilie it.
Section XV. No commission 41 Oyer amd Triminer
or jail delivery' shall be' issued.
Section XVL - The person if a .debtor,lwhiere
there is Mat strung presumption ref Emil, shall hut
be - continued in prison, after de iyering'np h estate
for the benefit of his creditorsi . in; such manner as
shall be-prescribed by law.
.; ;
Section XVII, No ex f kllaw, nor any law
impairing contracts shall be e.,-
Section XVIII. No person II be, attainted of
treason or felony by the legisb urU. '
Section XIX. No attainder s all Work corruption
of blood, nor, except during tli life of the offender,
forfeiture of estate to the wealth i the es
tates of such persons as shall , destiny 'their, own
lives, shall descend or vest la in case of nattiral
5000L8. BACON, j . 1
for sale by th ee t
June 16
- thereof.
able man e I.
good, and.t6'.
Of govern
PrePer P
in delence Of
Section AXIL No standing 'army shall, In tittle ,
of peaCe, be kept up without the:eonsent of the Le
gislature ; and the Inilitary-shail, in all cases, and
at all timeis,lie in strict subordinatkm to the civil
t i l
Section La. No soldier shill, in time of peace,
be quartered 6 .any house without the consent of
owner, nor. in time of war, bat in a manner to be
prescribed y law.
Section IV. The legislature shall pot grant
any title ofeobility or hereditary distinction, nor
create any °Mee the appointment to which shall be
for a longet t rm thin during good behaviour.
Section - V. Emigration from the State shall
not be proldb
Section VI. To fraud against transgressions
of the high pOwers which we have delegated, WE
DECLARE, that every thing in this article Is ex
cepted out of the general powers of government, and
shall for everremain inviolate.
ARTICLE X. , - '
Any amendment or amendments to this 'constitu
tion may by proposed in the Senate or Rouse of Re
presentativecand if the same shall be agreed to by
a majority of the members elected to each Rouse, such
proposed amendment or amendments shall be entered
on their journals, with the yeas and nays taken
thereon, and the ttecretary of the Commonwealth shall
cause the same to be published three months Wore the
nest election; in at least one newspaper in every
'hich —"aver shall be published t and
as Mn
year'', Provided, that if more than one amendment
•be submitted, they shall be submitted in such manner
and term, that. the people may vote for or against .
edch amendment separately and distinctly.
That no inconvenience may arise from 'the altera
tions and amendments 'in the Constitution of this
Commonwealth, and in order to carry the same into
complete operation, it is hereby declared and ordain
ed, That,
Section 1. All laws of this Commonwealth in force
at the time wpen the said alterations and amend
ments in the said Constitution shall tare effect, and
not inconslstent therewith, and all rightsiactions,
prosecutions, claims, and contracts as well of indi
viduals as of bodies corporate, shall continue as if
the said alterations and amendments had not been
Section IL The alterations and amendments in the
said Constitution shill take effect from the first day
of January, eighteen hundred and thirty-nine.
Section 111, The clauses, sections, and articles of
the said Constitution, which remainmnalteied, shall
continue to be construed and. have effect as if the
said Constitution had not beau amended.
Section IV. The General Assembly wnicri sna.i
convene in December, eighteen hundred and thirty-.
eight, shall continue its session, as heretofore, not
withstanding the provision in the eleventh section
of the first article, and Shall at all times be regarded
as the first. General Assembly Under the amended
Section V.. The Governor who shall be elected in
October, eighteen hundred and thirty-eight, shall be
inaugurated .orw the third Tuesday in January,
eighteen hundred and . thirty-nine, to which time
the present executive term is hereby extended.
Section NI. The commissions of the judges of the
Supreme Court, who may be In office on the firstday
of January next, shall expire in the following man
ner: The colnmission which bears the earliest date ,
shall expire on the first day of January, Anno
mini one thousand eight hundred and forty-two; the
commission next dated shall expire on the first day
of January, Anno Doritini one thousand eight hun
dred and forty-five ; the commission next dated shall
expire on the first day of January, Amino Domini
one thousand eight hundred .and. forty-eight; the
commission next,dated shall expire on the first diy
of JanuarY, Anno Domini one thousand eight hun
dred and fifty-one ; and the commission last dated
shall expire on the first day of January, Anna Do
mini one thousand eight hundred and fifty-four.
Section VII. 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 follows: The com Missions of one-half of
those who shall have held their offices ten years or
more at the adoption of the amendments to the consti
tution, shall expire on the twenty-seventh day of Fe=
bruary,fme thousand eight hundred and thirty-nine;
the eorrtmlisions of the other half of those who shall
have held their offices ten years or more arthe
tion of, the amendments to the constitution, Shall
expire on the twenty-seventh day of February, one
thousand eight hundred and fortspdwo ; the first ball
to embrace those whose commis_ ionsshall bear the
oldest date.. The commissions of all the remaining
judges who shall not have held their offices for ten
years at the adoption of the amendments to the con
stitution shall expire on the twenty-seventh day of
February next after the end of ten years fromithe.
date of their commissions.
Section VIII The Recorders of the several May
ors' Courts, and other criminal =courts in this Com-
monweatth, shall be appointed for the same time
and in the same manner, as the, president judges
of the several judicial districts ; of .those now in
office, theicommtsihm oldest in date shall expire on
the twenty-seventh day of February, one thousand
eight hundred and forty-one, and the others every
two years .thereafter according to their respective
dates. Those oldest in date expiring first.
Seetion,lL The legislature at its first session un
der the amended constitution, shall divide the other
associate judges of 'the State into four classes. The
commissions of thoseuci the first class shall . expire
on the twenty-seventh day of February, eighteen
hundred and forty; of thofe of the second class on.
the twenty-seventh day of February, eighteen hun
,and forty-one; of those of the Mild class oh
the twenty-seventh day of Febnostry, eighteen hun
dred and forty-two;
. and of thoom'of the fourth class
on the twenty-seventh day of February, eighteei
hundred and forty-three. The said classes from the
first to the fourth shall hew/singed according to the
seniority of the commissions of the several Judges,
Sec.tionl. Prothoirotaries, Clerks Al' the several
courts (except, of the Supreme Court) recorders of
deeds arid iteglsters of wills, shall be first elected under
the attended Constitution;at • the election of repre
sen naives' in the year eighteen hundred and thirty
nine; 'in-such trimmer as may be prescribed by law.
Section ail. The appointing power shall remain as
heretofore, and-all Officers in tbeappnintment of the
executive department shall confirme in the exercise
of the dtities of -their resPective offices until .the
legislature shall pass. such laws as may be required
by the eighth- section of the sixth article of the
amended constitution, and until appointments shall
be,mide,undersuchl:tws; unless their commissions
Asti be tOi;perteileil by new appointments, or shall
sooner et re by their own limitations; or the said.:
offices she I ' , become Tamer by death or resignation;
and such laws shall be enacted by the first legisla
ture under thfiaMended constitution.
Seetiont•Xll..Tlie -first election for aldermen and
justices of the peace shall be held in- the year eight
een humiresl and forty, at the time, fixed for the
election Of constables. The-legislafine. at its first
Aloud Candles.
Siicies :quoin Candies., rcceitte l d on Consign
- zlient s . annfor sale by the Bin, at mutufnetut,
nee:wins- SAMUEL HARTZ. •
eintsstlie, Jody 14;1838. • 54.
.14t, teo44vedand &
"i 46
any ,lam shall. Fbe Jima by
1 01 11 be_so foriatirs by reason
!the eitizenghave right, in a peaces
iseibtlijetateUeW;for their common
.ly to those invested with rt powers
't for redrew of grievanies, or other
by petition, address or remon-
The tight of citizens to bear arms,
lees and the. State, shall not he
.. .
, ~ _. .. ,
.sWscn unner Ane amended 'col:Attune° shall p ,
'4l.deforille said election and for übsequents -
Olectioni..- Themldermen . and:. of the pe
noire-irtsioni, or .who may _t he intenm
appuintekshilleontinise to dints ' the duties
their reapectite nftigesi until bit days after
day Whichsitalf be liked by lati tbr the issuing
new commission !, at the exr . nra of: which
I. their commissions shall calm*. i
..Is testimony that the foregoin is the amen
eonstitntion of ,Pentraylvan astagreed tel
I . • convention, We' the officers dlntembers of
convention:have herein - A° a' ned onenarne
.' Philadelphia, the twenty-se dtiay of Pe
_ary,linns., Doinini olio thousand eight hun
I'' and thirty-eight, and:-of fie. ndeßendence
. tliatinited Staten . of America e sixty
' 301114 orAGE- T, President
Diniel:Agdew, .. -Ezra S. Hayhurst,
Wm.. Ayres; -
~Win. H. ye, -
- )11.. W. Baldwin, - - Abm. H difenstein,
.Eplaritim Banks, : - • M.- lienterson, -1, -
- John Y. Barclay, . Wm. Ibindensosi,
Jacob Barndolar, - ' Wm. li'iter,
Chas:A, Bander, -. Wilda tl4High,
Andrew Bedford, , - Jos. Hopkinson,,
Thos. S. Bell, .. John if mai
James Cornell Biddle; - Jabs! ilYde. . .
Lehbens 1.. Bigelow - Charles Jared 'nem
• Saml. C. Bonham; • ' Phs. Je ks, .
Chas. Brown' • George . Kelm,
Jeremiah' rOwn, . Stones ennedy,
Williath. Brown, Aaron rr, : .
Pierce Butler; Joe. K ighlacher,
Sainuel Carey, . Jacob be,
John Cumuli n, - • H. G. rig,.
Thomas S. Cunningham, DAM yens,
William Curl), . Alex. sigee,
Win. Dar li ngtop, ' 4001 K Mann,
George Chamber!, W. M. eredith;
John' Ckandler' '..„,,--- - larotte irrill,
Jos. ft. Chandler, 'Levi rkel,
CL'Chattneey, . Wm. Miller,
Nathaniel Mimi ' James, Ontgornery
James.Cbulte, ( Christi Meyers,
John Clarke, •D. N'n - •
William Clark, . Wm.
A. J.-Cline, ' Hiram
Lindley Coates, ' . Mattliii
R. E. Cochran, ' ,'. JaPit's
Thos. P. Cope, • . •' an kes
Joshua F. Cox, . . Sand.
Walter Craig, E. C. I
Eicbd. M. Crain, A. H.
Geri, T. Crawford, Geo. V
- -menus Cr- ----- . Jo
Alga -- -- 11 ,
William L. Harris,
Thomas Hastings,
(Attest,) S. Swoon, Secretary.
G. L. Fans, . Ass' "-
HARE! MIG, F f 1
I certify, that the foregoing ' an 'exact and
copy of'' the Curatitution c 4 Commonweal
Pennsylvania as amended by t e Convention (.
'thousand eight hundred and thirty-seven-tl
eiglit,7leposited in this' ME on the 26th ,
Februar, 1838 ; the arriendnuints being in d
and the retained, portions of the present Conl
Lion in roman letter. i I
. . i
.. . - THO. H. BILTR.ROWES, • ' I
I ' 41. Seer of tije Commonweal
ANNAN has comm cad a Boob
:ty• in connection wi :his Boos
11 kinds of 'Books ' , All be bound
• notice at low rates. - '
Blank Books
r description made to order at the
d. (he trade supplied wholesale at
•• prices. . .
/111 • • 2
of ever!
delphi •
TAlrrln u f subscribers have co,
, assortment of Iron,'
and Squaie Iron frorb 3-161. 1
ameter; flat Iron 340th by
6 in. by 11 in.; boiler, floe a
and 2d Malay, suitable for
schotes; rail road iron I / by
and 21 by I. _They'are also
orders to import Rail Road
advantageous terms in large
road ear a=les.-
A fullassortment ni Steel,
shear 'steel—American and
German and spring Steel,
oejagonal steel for
.S. W. corner Market and '
Philitaplphia. Jane - 21, 1
Miller Jr.
Dry GoodsiGivcery,wi.
(Next Marti
THElR.connexion with a
enables them to keep on.
sive assortment of goods, whi:
Philadelphia.prices. Store..
and private families, would d
,judge for themselves. -
april 19
Mporitini of:Eltsuio
-Third Dder abase the Pince - Dania Hall,
1 _,_ Street, Pottav ile.
WM. H. SUMER begs ease to letu,
: . v v iiineeire thanks' to his lends and a '
oua public, for their patreoag heretoforeal
ally bestowed on him; and tit t he. will be
to see his patrons and friendl as he hopes.
remitting exertions to give a tislitetiest to.
i Hair eutting , dood in the 4tset...l)umin
Pottsville.' August 4th I 8- - Pa
For Sale, or to
VIHAT ;minable tract of L
1 0 - ton Tract," belonging .
Situate on the west Norwegt
north of,'and adjoiping the
'Offered air tale on acisoinm,
Coal Mines trill be leased
approved tenant. Ap
' H E
apiil II - "
gr iaF FE E 50 Rags strati ! , • Riu WE*
IL" 30 : do.Preen ' guira,ila
1 4 • - ..;
by ~ • • .3. ..
attaLACRIL 11•AGGti
- ' . • •
Sept 11183 S
Perloyparl; ,. .
Madison Porte
, Purviatice
. Alter,
• tter
Ml 3
t Seeretorie
h of
f obe
a) of
ta it,
, ix est
stantly on h
comprising '
up to IS inc
o. 4, W. G.
sheet iron
tiling Cat
a,i by 42
prepared to r
run upon tit
[quantities; a
Steel .
.d round Ito
IS & JON. •
tiyik ill Seven
8. 49-
e ct. Liquor
We Hotel.)
.use in Phan ,
rand a very
b they wilt
!.d Tavern
well to C.
1o 1 i
eaten - a
II at
i ll and
n brs
.7 an
d called th
a Elizabeth
Rail Rio
each Mau
ting tetthe
verally or
ly to • •
?'Y MO ' a
I eCtio-
•Y Dot
i• •
SID. re
! or the
or onto