the yEAyjcpuTioy. AMENDMENTS To th4 -VniiiMUm of Ptmuylvania, Tropoeod by et'onvcntion to a Vola of the Peepfe, for their ratification or rejection, on th Sibfed 'Tueiday of October, 1808. Amendment in tracker. ARTICLE I. Sec 1. Tho Legislative power of this "Commonwealth shall bo vested in a Genc Yhl Assembly, which shall consist of Senile and House of Representatives. Sec 2. Tho Representatives shall be chosen annually by tho citizens of the city, of Philadelphia and of each county respec tively, on tho second Tuesday of October Sec 3. No person shall be a Representa tive who shall not havo attained tho age of twenty-ono years, and havo boen a citizeh and inhabitant of the Slate three years next precceding his election, and the last year thereof an inhabitant Of the district in and for which ho shall bo chosen a rep resentative, unless ho shall havo been ab sent on the public business of tho United States, or of this State. Sec. 4. Within three years after tho first meeting of the General Assembly, and within every subsequent term of seven .years, an enumeration of the taxable inha bitants shall be made in such manner as shall be directed by law. The number of Representatives "shall at the several periods oi mating sucn enumeration, bo fixed by tho Legislaluie, and apportioned among the city of Philadelphia and tho several coun ties, according to tho number of taxablo in habitants In each : And shall never be less than sixty nor greater than ono hundred. Each county shall have at least one Repre sentative, but no county hereafter erected shall bo entitled to a separate representation until a sufficient number of taxable inhabit ants shall be contained Within it, to entitle them to bne representative, agreeably to i!ie ratio which shall then be established. Sec. 5. Tho Senators shall bo chosen for three years by the citizens of Philadel phia and of the several counties at the samo time, in the same manner, and at the same places where they shall tote for Represent tatives. Sec. 0, Tho number of Senators, shall at the several periods of making the enu meration before mentioned, be fixed by the Legislature, and apportioned among the. districts formed as hereinafter directed, ac cording to tho number of taxable inhabitants in each; and shall never be less than one fourth, nor giealer than one-third, of the number of Representatives. Sec. 7. The Senators shall be chosen in districts, to bo formed by the Legislature ; bui no district shall be so formed as to entitle it to elect more than two Senators, Unless the number of taxablo inhabitants in any city or county shall, at any time, be "such as to entitle it to elect trioro than two, but no city or county shall be entitled to elect more than four senators ; when a district shall bo composed of two or more countiesfthey shall be adjoining ; neither 'the city of Philadelphia nor any county shall be divided in forming a district. Sec. 8. No person shall be a Senator who shall not have attained the age of twenty-five years and have been a citizen and inhabitant of the State four years next be fore his election, andtthe last year thereof en inhabitant of the district for which he 'shall be chosen, unless he shall havo been absent on the public business of the United States or of this state; and no person elected as aforesaid shall hold said office af ter he shall have removed-from such dis trict. Sec, 0. The Senators who may be elected at the first General Election after the adoption of the amendments to tho Constitution, shall be divided by lot into three classes. The scats of the Senators of the first class shall bo vaeated at the ex piration of the first year ; of the second class at the expiration of the second year; and of the third class at the expiration of the third year; so that thereafter one-third of tho whole number of Senators may be cho sen every year. The Senators elected be fore tho amendments to' thd Constitution shall be adopted shall hold their offices cluing- the terms for which they shall respect ively havo been elected. Sec. 10. The General Assembly shall "meet on the first Tuesday of January in every year unless sooner convened by tho Governor. Sec. 11. Each House shall choose its Speaker and other officers ; and the Senate will also choose a sneaker pro tempore, when the speaker shall exercise the office of Governor. Sec. 12. Each House shall judge of the qualification;) of its members Contested elections shall bo determined by a commit tee 16 be selected, formed and regulated in such manner as shall bo directed by law. A majority of each nouse shall constitute a quorum to do business ; but a smaller number may adjourn from day to day, and may be authorized by law to comj?l die at tendance of absent members, in such man ner and under such penalties as may provi ded. See. 13". Each House may determine tho rules of its proceeding, punish its mem bers for disorderly behaviour, and with the concuirence of two-thirds, expel a member, bu not a second time for the same cause ; and shall have all other powers necessary for a branch of the Legislature of a free See. 14. Ths Legislature shall not havo power to enact laws annulling the contract of marriage in any case where, by law tho courts df this Commonwealth are, or here after may be, empowered to de'ereo a di vorce. Sec. 15. Each House shall Itetm n journal of its proceedings, and publish them wceiuy, except sucn parto a3 may require secrecy: and tho veas and navs of the mnm- ber.s on any question shall, aj tho desiro of any two ot them, bo entered on the journals. Sec. 10. Tho doors of each House and of Committees of tho Whole shall bo open, unless when tho business shall bo such as '6unht to be kept secret. Sect. 17. Neither Houso shall, without the consent or thd other, adjourn for more than three days, nor to any other plate than that in which tho two Houses shall be sit ting. Sect. 18. Tho senators and representa tives shall receive a compensation for their services to bo ascertained by law, and paid out of the treasury of tho Commonwealth. They shall in all cases, except treason, fe lonyand breach or surety of tho peace, be privileged from arrest during their atten dance at tho session of their respective Houses, and in going to and returning from tho same. And for any speecli or debate in cither House they shall not bo question ed in any other place, Sect. 19. No senator or representative shall, during tho time for which he shall have been elected, bo appointed to any civ il office under this Commonwealth 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 holding any office, (except of attorney at law and in the militia) under tho United States or this Cdrnrriohweaith, shall be a membdr of either Houso during his continuance in Congress or in office. Sect 20. When vacancies happen in cither houso the speaker shall issuo writs of election to fill such vacancies. Sect 21. No money shall be drawn from the treasury but in consequence of appro priations made by law. Sect 23. Every bill which shall have passed both Houses shall be presented to the Governor. If he approvo he shall sign it, but if he shall not approve he shall re turn it with his objections to (the House in which it shall have originated, who shall enter tho objections at large Upon their journals and proceed to reconsider it. If, alter sucn reconsideration, two-thirds oi that House shall agree to pass the bill, it shall be sent with the objections to the other House, by which likewise it shall bo recon sidered, and if approved by that House, it shall be a law. But in Such cases the votes of both Houses shall be determined by yeas and nays and the names of the persons vo ting for or against the bill shall be entered on the journals of each hduso respectively. If any bill shall not be retnrned by the Go vernor within ten days (Sundays excepted) after it shall have been presented to him, it shall be a law in like manner as if he had signed it, unless tho General Assembly, by their adjournment, prevented its returnj in which case it shall be a law, unless sent back within three days after their next meeting. Sect 24. Every order, resolution or vote to which the concurrence of both Houses may be necessary (except on a question of adjournment) shall be presented to the Go vernor, and before it shall lako effect be ap proved by him, or be disapproved, shall be repassed by two-thirds of both Houses ac cording to the rules and limitations prescri bed in case of a bill. Sect 25. No corporate body shall be hereafter created, renewed or extended with banking or discounting ptivilogcs, without six months previous public notice of trio ap plication for tho sarnein such manner as shall be prescribed by-law. Nor shall any charter for the purposes aforesaid, he grant ed for a longer period than twenty years, and every such charter shall contain a clause reserving to the Legislature the power to alter, revoke or annul the same, whenever in their opinion it may be injurious to the citizens of the Commonwealth, in sueh manner, however, that no injustice shall be done to the corporators No law hereaftet enacted, shall create, renew, or extend the charter of more than ono' corporation. ARTICLE II. Sect 1. Tho supreme executive power of this commonwealth shall be vested in a Governor. Sect 2. Tho Governor shall bo" chosen on tho second Tuesday of October, by the citizens of the Commonwealth, at tho places where (hey shall respectfully vote for Re presentatives. The returns of every elec tion for Governor shall be sealed up and transmitted to the seat of government, di rected to the speaker of the senate, who shall open and publish them in the presence of the members of both Houses of the Le gislature. The person having tho highest number of votes shall be Governor. Hut if two or more shall bo equal and highest in votes, one of fhem shall be chosen Gover nor by tho joint vote of tho members of both Houses. Contested elections shall be deter mined by a committee to bo selected from both Houses of tho Legislature, and formed and regulated in such manner as shall be directed by law. Sect 3. Tiie Governor shall hold his office during three years from tho third Tuesday of January next ensuing his election, and shall not be capable of holding longer than six in any term of nine years, Sect 4. He shall be-at least thirty years of ago, r.nd hare been a ettizen and an in habitant of thid state seven years hext before his election ; unless he shall have been ab sent on the public business of the United States or this State. Sect 5. No member of Congress or per son holding any office under tho United States or this Slate, shall excrciso the office of Governor. Sect 6. Tho Governor shall at stated limes receive for his services, a compensa tion, Which shall neither be increased nor di minished during the period for which ho shall have been elected. Sect 7. IIo shall be commander-in-chief of tho army and navy of this common wealth, and of the militia, except when they shall be called into tho actual scrvico of the United States. Sect 8. IIo shall appoint a Secretary of the Commonwealth during pleasure, and ho shall nominate and by and with the ad vice and consent of tho Scnato appoint all judicial officers of courts of Record, unless pthcrwiso provided for in this Constitution. Ho shall have power to fill all vacancies that may happen in such judicial offices du ring the recess of the senate, by granting commissions which shall expire at the end of their next session: Provided, That in acting on oxecutivo nominations the senate shall sit with open doors, and in confirming or rejecting the nominations of tho Gover nor, tho vote shall bo taken by yeas and nays. Sect 0. He shall havo power to remit fines and forfeitures, and grant reprieves and pardons, oxcept in cases of impeach ment. Sect 10. He may require information in writing, from the officers in the executive departmsnt, on any subject relating to tho duties of their respective offices. Socl 11. He shall from time to time, give to the General Assembly information of the state of the Commonwealth, and re commend to their consideration such meas ures as ho shall judge expedient. Sect 12. He may, on extraordinary oc casions, convene the General Assembly; and in case of disagreement between the two Houses, with respect to the time of adjourn ment, adjourn them to such time as ho may think proper, not exceeding four months. Sect 13. He shall take cafo that the laws he faithfully executed. , Sect 14. In case of the death or re signation of tho Governor, or his removal from office, the speaker of the senate shall exercise the office of Governor, until anoth er Governor shall be duly qualified ; but in such case another Governor shall be chosen at the next annual elcclion of Re presentatives, unless such death, resigna tion, or removal shall occur within three calender months immediately precceding such next annual election, in which case a Governor shall be chosen at the second succeeding aniiual election of represen tatives. And if tho trial Of a contested election shall continue longer than until the third Monday of January next ensuing tlio election of Governor, the Govoinor of the last year, or the speaker of the senato who may bo in tho exercise of tho executive authority, shall continue therein until the determination of such contested election, and until a Governor shall be duly qual ified as aforesaid. Sect J 5. The Secretary of the Com monwealth shall keep a fair register of all the official acts and proceedings of tho Go vernor, and shall, when required, 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 bo enjoined him' by law ARTICLE III. Sect 1. In elections by tho citizens, every white freeman of the age of twenty ono years, having resided in this State one year, and in the election district where he offers to vote, ten days immediately pree'e dinjj such election, and within two years paid a state or county tax, which shall'lmtc been assessed at least ten days before the election shall enjoy the rights 6f an elector Hut a citizen of the United Stales, who had previously been a qualified voter of tins State, and removed therefrom and returned, and who shall have resided in the cleclion district, and paid taxes as aforesaid shall be entitled to vote, after residing in the State six months ; Provided, That white free men, citizens of the United State's, between the age of twenty-one and twenty-two years, and having resided in the Slate cmo year, and in tho election district ten days as aforesaid, shall be entitled to vote, although they shall not have paid taxes. Sect 2. All elections shall bo bv ballot except thOso by persons in their repiescnta- uvu cupuciuca, who snau vote viva voce. Sect 3. Electors shall in all cases, ex cept treason, felony, and breach of surety of the peace, be privileged from arrest, du ring their attendance on elections, and iu going to and returning from them. ARTICLE IV. Sect 1. Tho House of Representatives shall havo the sole power of impeaching. Sect 2. All impeachments shalf be tried by the Senate; when sitting for that pur pose, the Senators shall be upon oath or affirmation. No person shall be convicted without the concurrence of two-thirds of tho memuers present. Sect 3. The Governor, and all other ci vil officers under this Commonwealth, shall bo liable to iinpeachrhent for any mis demeanor iu office; But judgment, in such cases, shall not extend further than to re moval from office, and disqualification to hold any office of honor, trustor profit, un der thui Commonwealth! The parly, wheth er convicted or acquitted, shall neverthe less be liable to indictment, trial, judgment and punishment according to law. ARTICLE V. Sect 1. The judicial power of this Com monwealth, shall bo vested in a Supremo Court, in Courts of Oyer and Terminer and General Jail Delivery,, in a Court of Common Pleas', Orphans Court, Register's Court, and a Court of Quarter sessions of the Peace, for each county; in Justices of tho Peace, and iu such other Courts as the legislature may from time to time establish. Sect 2. The judges of the suprem Court, of tho several Courts of Cornmon Pleas, and of such other Courts of Record as are or shall be established by law, shall be nominated by the Governor, and by and with the consent of tho Senate appointed and commissoncd by him. Thojudges of tho Supreme Court shall hold their offices for the term of fifteen years if they shall so long behave themselves well. The Pre sident judges of the several Courts of Com mon Pleas, and of such other Courts of Record as are or shall be established by law, and all other judges, required to bo lear ned in the law, shall hold their offices for the term of ten years if they shall so long behave themselves well. The Associate judges of the Courts of Common Plcasshall hold their offices for the term of five years if they shall so long behave themselves" well. But for any reasonable cause which shall not be sufficient ground of impeach ment, the Governor may reniov6 any of them on the address of two-thirds of cacli branch of the legislature. The judges of the Supreme Court, and the presidents of the several Courts of Common Pleas shall at stated times receive for their services an adequate compensation to be fixed by law, which shall not bo diminished dnring their continuance in office, but tiicy shall receive no fees or perquisites of office, nor hold any other office of profit under this common wealth. Sect. III. Until otherwise directed by law, the Courts of Common Pleas shall continue as at present established. Not more than five counties shall at anytime be included in one judicial district organized for said Courts. Sect IV. The jurisdiction of the Su preme court shall extend over the State; and the judges thereof, shall by virtue of their oflices, bo justices of Oyer and Terminer and General Jail Delivery, in the several counliej. Scct.'V. The judges of the Court of Common Pleas, in each county, shall by virtue of their offices, be justices of oyer and terminer and gcileral jail de livery, for the trial of capital and other offenders therein; any two of the said judges, the president being one, shall be a quorum; but they shall not hold a court of oyer and terminer, or jail de- j livery, in any county, when the judges of the Supreme court, or any of them, shall bo sitting in the same county. The parly accused, as well as the Com monwealth, may, under such regula tions as shall he prescribed by law, re move the indictment and proceedings or a transcript thereof, into the Su preme Court. Sect. VI. The Supreme Court, and the several courts of common pleas, shall, besido the powers heretofore usually exercised by them, havo the power of a court of Chancery, so far as relates to the perpetuating of testi mony, the obtainingof evidence from places not within the State, and the caro of the persons and estates of those who are non compotes mentis. And the Legislature shall vest in the said cou'rls such other powers to grant re lief in equity, as shall be found neces sary: and may, from time to time, en large or diminish those powers or vest them in such other courts as they shall judge proper, for the due administra tion of justice. Sect. VII. The Judges of the court of common pleas of each county, any two of whom shall bo a quorum, shall compose the court of Quarter Sessions of the peace, and orphans' court there of; and the register of will together with the said judges, or sfny two of them, shall compose the register's court of each County. Sect. VIII. The judges of the courts of common pleas shall, within their respective counties have tlie like pow ers wilh the judges of the" Supremo Court, to issue wrils of certiorari to the justices of the peace, and to cause their proceeding to be brought before them, and the like right and justice to be done. Sect. IX. The president of (he couft 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. Sect. X. A register's office, for tho probate of wills and granting letters of administration, and an office for the recording of deeds, shall be kept in each county. Sect. XI. The style of ell process shall be "The Commonwealth ofPenn sylvania." All prosecutfons shall be' carried on in the name and by the au thority of tho Commonwealth of Pcnn syivania, anu conciuuc, "against the peace and dignity ol the same." V ARTICLE VI. Sect. L Sheriffs and coroners shall at the times and places of election of representatives, be chosen by the citi zens of each county. One person shall he chosen for each office, who shall be commissioned by tho Gov ernor. They shall hold their offices for three years, if they shall so long behave themselves well, arid until a successor bo duly qualified; but no person shall ho twice chosen or ap pointed sheriff, in any term of six y!ears. Vacancies in cither of the said oflices shall be filled by an appoint ment, to be made by the Governor, to continue until the next general elec tion, and until a successor shall bo chosen and Qualified as aforesaid. Sect. II. The freemen of this com mon wealth shall be armed, organized anil disciplined for its defence, when and in such manner as may be direct ed by law. Those Who conscienti ously scruple to bear arms, shall not he compelled to do so, but shall pay an equivalent for personal service. Sect. III. Prothonotarics of the Su premo Court shall be appointed by the said Court for the term of three years if they so long behave themselves well. Prothonotarics and clerks of tlie sever al other courts, (Recorders of deeds, and Registers of wills, shall at the times and places of election of repre sentatives, he elected by the qualified electors of each county, or the districts over which the jurisdiction of said courts extends, and shall he commis sioned by tho 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 legislature shall pro vide by law, the number of persons in each county who shall hold said offi ces, and how many and which of said offices shall be held by one person. Vacancies in any of the said offices shall be filled Ijy appointments to bo made by the Governor, to continue until the next general election, and un til successors shall he elected and qual ified as aforesaid. , , Sect. IV. Prothoholaries, clerks of the peace and Orphans' courts, record er of deeds, registers of wills, and sheriffs, shall keep their offices in the county town of the county in which they, respectively, shall he officers, un less when the Governor shall, for spe- cial reasons, dispense therewith, for -any term not exceeding five years af ter the county shall have been erected. Sect. V. All commissions' shall be. ir. the name and by the aufhorily of the Commonwealth" of Pennsylvania, and be sealed with the State seal, and signed by the Governor. Sect. VI. A State Treasurer shall, be elected annually, by joint vote of both branches of the legislature. Sect, VII. Justices of the peace or aldermen shall bo clebted in the ' several wards, boroughs and town-, ships at the timo of the election of ( constables by the qualified voters 1 thereof, in such number as shall be di rectcdjby law, and shall be cpmmis-, sioned by the Governor for a term of five years; but no township, ward or borough shall elect more than two jus- , tices of the peace or aldermen without, the consent of a majority ofthequali- - 'n fied electors within such townshipioi ward or borough. ' anot'i Sect. VIII. All officers wHose clec-S'-"1 tion or appointment is not provided for in this constitution, shall be elect ed or appointed as shall bo directed by law. No person shall be appointed to any office within any county who' shall not have been a citizen and an in habitant therein one year next before his appointment, if tho county shall have been so long erected; but if it shall not , have been so long erected,' then within the limits of tho county' or counties out of which it shall have" been taken. No member of congress from this state, or any person h61ding or exercising any office or appoint ment of trustor profit under the UrYTU" ed Stales, shall at the same time holtf or exercise any offico in this state, to which a salary is, or fees or perquisites' are by law, annexed; and tho legisla ture may by law declare what Slate offices are incompatible. No member ' of the Senate or pf the house of repre sentatives' shall bo appointed by tho' Governor to any office during tho term, for which he shall have been elected., Sect. IX. All officers for a form of years shall hold their offices for tho' terms respectively specified, only oii the condition that they so long behave thernsclvee well; and shall be removed dn conviction of misbehaviour in office? or of any infamous crime, e
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