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