The Columbia Democrat. (Bloomsburg, Pa.) 1837-1850, January 19, 1839, Image 2

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ttOttMOtiWeAtifrt M rENtfSYEVAti'lA,
WE, The people of the Commonwealth of Penn
sylvania, ordain and establish this Constitution for
Its Government.
Section I. The legislative power of this Common
"Wealth shall be vested In a General Assembly,
"Which shall consist of a Senate and House of Repre
sentatives. Section IL The 'representatives "Shall be chosen
annually by the citizens of the city of Philadelphia
and of each county respectively on the second Tues
day of October.
Section III. No person fhalVbel representative
who shall Dot have attained the age of twenty-one
years, and have been a citizen and inhabitant of the
State three years next preceding his election, and the
last year thereof an inhabitant of the iittrict in and
for which he thall biihoscn a representative, unless
fie shall have been absent on the public business of
the United States or of this State.
Section IV. Within three years after the first
rnecting of the General Assembly, and within every
subsequent term of seven years, an enumeration of
the taxable inhabitants shall be made in such man
ner as shall be directed by law. The number of
representatives shall, at the several periods of mak
ing such enumeration, be fixed by the Legislature,
and apportioned among the city of Philadelphia and
the several counties, according to the number of
taxable Inhabitants in each) and shall never be less
than .sixty nor greater than one hundred. Each
Tounty shall haVe at least offe representative, hut no
bounty hereafter erected shall bo entitled to a sepa
rate representation until a sufficient number of tax
'able inhabitants shall be contained within it, to
fcntitle them to one representative agreeably to the
ratio which shall then be established.
Section V. The' senators Shalt be chosen for three
years by the citizens of Philadelphia and of the
teveral counties at the same time, In the same man
ner, and at tho same places where they shall vote
for representatives.
' Section VI. The number of Senators shall, at the
several periods of making the enumeration before
tacnlion'ed, be fixed by the Legislature and appor
tioned among the districts formed as hereinafter
directed, according to the number of taxable inhabi
tants in each j and shall never be less than onc
Tourth, nor greater than one-third, of the number of
Section VI I. The senators shall be chosen in dis
tricts, to be formed by the legislature) but no dis
trict shall be to formed as to entitle it to elect more
than two tenatort, unless the number of taxable in
habitants in any-city or county shall, at anytime,
ht such as to entitle it t elect more than two, but no
tily or cotmly shall be entitled tt etect more than
four senators j when a district Shall be composed
of two or more coanties, they shall be adjoining;
neither the city of Philadelphia nor any county shall
tie divided in forming a district;
Section Vlll. No persoa shall bb a senator, who
(hall not haVe attained the age of twenty-five years,
and have been a citizen and inhabitant of the State
four years next before his election, and the last year
thereof an inhabitant of the district for which ho
shall be chosen, unless he shall have been absent on
the public business of the United States er of this
State j and no person elected as aforesaid, shall hold
kaid office after he shall have removed from such dis
trict. Section IX. the senators who may be elected at
the first general election after the adoption of the
amendments to the constitution, shall be divided by
lot into three classes. The scats tf the senators of
the first class thaJt be vacated At thi explrdlion of
thi firlt year i tf the second class at the expiration
6f the second year i and of the third class at the ex
piration of the third year j so that thereafter one
third of the whole number of senators may be chosen
tvery year. The senators elected before the amend
ments to the constitution shall be adopted, shall hold
their offices during the terms for which they shell
tespectively have been elected.
Section X. The General Assembly shall meet on
the first Tuesday of January, Ui every year, unless
sooner Convened by the Governor.
Section XI. Each house shall choose its Speaker
and other officers i and the Senate shall also choose
Speaker pro tempore, when the Speaker shall ex
ercise the office of Governor.
Section XII. Each house shall judge of the quail'
locations of its rnenibert. Contested elections shall
bo determined by a committee to be selected, formed
nd regulated in such manner as shall be directed by
law. A majority of each house shall constitute a
quorum to do business! but a smaller number may
adjourn from day to day, and may be authorized by
law to compel the attendance of absent members, in
such manner and under such penalties as may be
Section Xllt. Each house may determine the
rules of Its proceedings, punish Its members for
disorderly behaviour, and with the concurrence of
two-thirds, expel a member, but not a second time
for the same cause i and shall have all other powers
necessary for a branch of the legislature of a free
Section XIV. The legislature shall not have power
to enact Idwt annulling ttte contract of marriage in
any case where, by law, the courts of this Comrioiu
wealth are or may hereafter be empowered to decree
a divorce.
Section XV. Each house shall keep a journal of
Hs proceedings, and publish them weekly, except
uch parts as may require secrecy i and the yeas
and nays of the members on any question shall, at
tie desire of any two of thefflj be entered on the
Section XVI. The doors of each house and of
- committees of the whole shall be optn, unless,
when the business shall be such as ought to be kept
XVII. Neither house shall; without the
consent of the other, adjourn for more than three
days, nor to any other place than that in which the
two houses shall be sitting.
Section XVIII. The Senators nd representatives
shall receive a compensation for their services to be
ascertained by law, and paid out 6f the treasury of
the Commonwealth. They shall in all eases, ex
cept treason, felony and breach or surety of the
peaee, be privileged from arrest during' their at
tendance at the session of their respective houses,
aud 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 XlX. No Senator or representative shall,
during the time for which he shall have been elect
ed, be appointed to arty civil office under this Com
monwealth which shall have been created, or the
emoluments of which shall have been increased
during such timet and no member of Congress or
other person holding any office (except of attorney
at law and in the militia) under the United States
or this Commonwealth, shall be a member of either
bouse during his contintiante in Congress or in
Section XX. When vacancies happen in cither
bouse, the Speaker shall issue Writs of election to
fill such vacancies.
Section XXI. All bills for raising revenue shall
eriginate in the house of representatives, but the
Senate may propose amendments as in other bills.
Section XXII. No money shall be drawn from
the treasury bat In consequence of appropriations
made by law.
Section XXIII, Every bill which' shall have
passed both houses shall be presented to the Go
vernor. If he approve he shall sign it, but if he
shall not approve he shall return it with bis objec
tions to the bouse in which it shall have originated,
who shall enter the objections at large upon their
journals and proceed to re-coniider it. It, after
such re-consideration,two-thirds of that house shall
agree to pass the bill, it shall be sent with the ob
jeetions to the other house, by which likewise it
ball be re-considered, and If approved by two
thirds of that house, it shall be a law. But in such
eases the votes of both houses shall be determined
by yeas and nays, and the names of the persons voting
for or against the bill shall be entered on the jour
nals of each house respectively. If any bill shall
not be returned by the Governor within ten days
(Sundays excepted) after it shall have been pre
sented to him, it shall be a law In like manner as If
be had signed it, unless the General Assembly, by
their adjournment, prevent its return, in which ease
it shall be a law, unless sent back within three
days after (heir next meeting.
Settion XXIV. Every order, resolution or vote
to which the concurrence of both houses may be
sws!ury (rXMtt on a question of adjournment)
f" vicswiud tu lilt 'njfuvu, and wfore ,1
fierlti(i lnnM tit a.bllf.
Scctlon XXV. Ao corporate bbiy thailbehereaftet'
treated, renewed or extended, with banking or dis
counting privileges, without six months previous
public notice of the intended application for the
same in such manner as shall be prescribed by law.
Nor shall any charier foVthe purposes aforesaid, be
gramea jora tonger pertoa man twenty years, ant
every such charter shall contain a clause reserving
to the legislature the power to alter, revoke or annul,
the same whenei'er in their opinion it may be inju
rious to (he citizens of thi commonwealth, in such
lhanner however that no injustice shall be dofte to the
corporators. No law hereafter enacted shall create,
renew or extend the charter of ihbrl than one corpo
ration. ARTICLE II.
Section I. The Suprerffe Executive power of this
Commonwealth shall be Vested In a Governor.
Section II. The Governor shall be chosen on the
second Tuesday of October, by the tUSicVia of the
Commonwealth, at th6 places where they shall re
spectively voto for representatives. The returns
Of levery election for Governor shall bo scaled up
and transmitted to the scat of government, directed
to the Speaker of the Senate, who shall open and
Sublish them in the presence of the members of
oth houses of the legislature. The person having
the highest number of voles shall be Governor.
But If two or more shall be equal and highest in
votes, one of them shall be chosen Governor by the
joint vote of the members of both houses. Con
tested elections shall be determined by a Committee
to be selected from both houses of the leg'ulaturc,
tmd firmed and regulated In such manner as shall
be directed by law.
Section III. The Governor shall hold his office
during three years from the third Tuesday of Janu
ary next ensuing his election, and Shall not be
capablo of holding it longer than six in any term
of nine years.
Section IV. He shall be at least thirty years of
age, and have been a citizen and an inhabitant of
this State seven years next before his, election j
unless he shall have been absent on the public
business of the United S.tateS or Of this State.
Section V. No member of 'congress Or person
holding any office under the United States or this
State shall exercise tho office of Governor.
Section VI. The Governor shall at stated times
receive for his services a compensation, which shall
be neither increased nor diminished during the
period for which he shall have been elected.
Section VIL He Shall he commander-in-chief of
the army and navy of this Commonwealth, and of
the militia, except when they Shall bo called into
the actual service of the United States.
Section VIII. lie shait appoint d Secretary of the
Commonwealth during pleasure, and hi thill nomi
nate and by and with the advice and consent of the
Senate appoint all judicial officers of courts of
record, unless otherwise provided for in this Consti
'ution. He shall have power to fill all vacancies
that may happen in such judicial offices during the
recess of the Senate, by granting commissions which
Shall expire at the end of their next session : Pro
vided, Mot in acting on executive nominations the
Senate shall sit with open doors, and in confirming
or rejecUhg the nominations of the Governor, the
Vote shall be taken by yeas and iiays.
Section IX. He Shall have power to remit fines
and forfeitures, and grant reprieves arid pardons,
except In cases df impeachment.
Section X. He may require information in writ
ing, from the officers in the executive department
upon any subject relating to the duties of their re
spective offices.
Section XI. He shall, from time to time, give to
the General Assembly information of the state of
the Commonwealth, and recommend to their con
sideration such measures as he shall judge expedient.
Section XII. Ho may, on extraordinary occasions,
convene the General Assembly; and in case of
disagreement between the two Houses, with respect
to the tlnib of adjournment) adjourn them to such
time as lib shall think proper, not exceeding four
niohthsi 6
Section XIII. lie shall take care that the laws
be faithfully executed.
Section XIV. In case of the death or resignation
of the Governor, or of his removal from office, the
Speaker of the Senate shall exercise the office of
Governor, until another Governor shall be duly
qualified ; but in such case another Governor shall
be chosen at the next annual election of representa
tives, unless tuch death, resignation or removal,
shall occur within three calendar months ihimedt
ately preceding such next dhnilal election, in which
case a Governor shall bs chosen at the second suc
ceeding annual election of representatives. And
if the trial of a contested election shall continue
longer than until the third Monday of Jdnildry
next ensuing the election of Governor, the Govcrrior
of the last year or tho Speaker of the Senate who
may be in the exercise of the executive authority
shall continue therein until the determination of
such contested election, and until a Governor shall
be duly qualified as aforesaid.
Section XV. The Secretary of the Commonwealth
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 and
vouchers relative thereto before either branch of
the legislature, and shall perform such other duties
as shall btt enjoiried him by law.
Settion I. In elections by the citizens every white
freeman of the age of twenty-one years, having re
sided in this state one year, and in the election dis
trict where he offers to vote, ten days immediately
preceding such election, and within two years paid
a State or Cdilnty tax, which shall have been as
sessed at least ten days before tlie election, shall enjoy
the rights of an elector. But a citizen of the United
States who had previously been a qualified voter of
this State, and removed therefrom and returned, and
who shdll have resided in the election district, and
paid taxes as aforesaid, shall be entitled to vote, after
residing in thi ttati six months. Provided, that white
freemen, citizens of the United States, between the
agls of twenty-one and twenty-two years, and hav
ing testded in the State" one year, and in the election
district ten days as aforesaid, shall be entitled to
vote, although they shall not have paid taxes.
Section II. All elections shall be by ballot, ex
cept those by persons in their representative Capa
cities, who shall vole viva iqie.
Section IIL Electors shall in all cases, except
treason, felony, and breach or surety of the peace,
he privileged from arresti during" their attendance
on elections, and in going to and returning from
Section I. Tho House of Representatives shall
have the sole power of Impeaching.
Section II. All impeachments shall be tried by
the Senate; when sitting for that purpose, the
Senators shall be upon' oath or affirmation. No
person shall be convicted without the concurrence
of two-thirds of the members present
Btctfon HI The Governor, and art ether civil
officers Under this Commonwealth, shall be liable to
impcacbmtnt tot any misdemeanour in office; but
Judgment, in ffbth cases, shall not extend further
than to removal from office, and disqualification to
hold any office of honour,- trust, or profit, under this
Commonwealth i The party, whether convicted or
acquitted, shall nevertheless be liable to indictment
trial, judgment, and punishment ac'c'ofdiVg to law
Section I. The Judicial power of this Common
wealth shall be vested in a Supreme Court, in
Courts of Oyer and Terminer and General Jail De
livery, in a Court of Common Pleas, Orphan's Court,
Register's Court, and a Court of Quarter Sessions
of the Peace, for each county; in Justices of the
Peace, and in such other Courts as the legislature
may from time to time establish.
Section II. The judges qf Vie Supreme Court, of
the sevetdl Coutts cf Commot Pleat, and of such
other Courts M ' Record as are or shall be established
by law, shall be tiominated by the Governor, and by
and with the consent of the Senate appointed and
commissioned by him. The judges of the Supreme
Court shall hold their qffttes for the term of fifteen
years if they shall so long behave themselces welt.
Thepresident judges of the sevetdl Courts qf Common
Pleat and of such other Courtt cf. Record as art or
shall be established by law, and all other judges re
quired to be learned in the law, shall hold their offices
for the term of ten years if they shall so hrjg behave
themselves well. The Associate judges cf the Courts
qf Common Pleas shall hold their offices for tt&term
of five years if they shall so long behave themselves
uill. But for any reasonable cause which shall ncl
le sufficient ground of impeachment, the Governor
may remove any qf them on the address of two-thirds
cf each branch tf the legislature. The judges of the
Supreme Court and the presidents of the several
Courtt of Common Pleas shall at slated times receive
for their services an adequate compensation to be
fixed by law, urhtth-shall nif be d in nmhrtt duri-
their rvi u, enei'f !'
SffflSfffiTi'-OTiJ olherwise directed, by taw, the
Courts of Cmhfntih PleaS shall continue at nt nrntkt
established. Not more than five counties shall at any
lime be included in one judicial district organize
for said Courts.
Section IV. The Jurisdiction of the Supreme
Court khall extend over the. State ;. and the judge's
tWereof, shall by virtue of their offices, be justices
of Oyer and Terminer and General Jail delivery, in
the several counties.
Section V. The judges of the CoM of Comrnon
PlcaW tii each county, shall by virtue iX their
offlctt. be justices of Oyer and Terminer add Gene
ral Jail Delivery, for the trial of capital and Other
offenders therein any two of the said judges, the
president being one, shall be a quorum) but tntV
shall not hold a court of oyer and terminer, or jail
delivery, In any county, when the judges of tho
puprerao Court, or any of them, shall be sitting in
the same county. The party accused, as well as
the Commonwealth, may, under such regulations is
shall be prescribed by law, remove the indictment
and proceedings, or a transcript thereof, into the
Supreme Court.
Section VI. The Supreme Court, and the several
fcourts of common pleas, shall, beside tho powers
heretofore usually exercised by them, have the
bower of a court of Chancery, so far as relates to
the perpetuating of testimony, the obtaining of
'evidence from places not within the State, and the
care of trie persons and estates of those who are
non compotes mentis. And the legislature Shdll
vest in the said courts such other, powers to grant
relief in equity, a) thill be found necessary i and
may, from time to time, enlarge or diminish Ihoiti
powers or vest them In such other courts as they shall
judge proper, for the duo administration of justice.
Section VII. Tho judges of the court of common
pleas of each county, any twd of whom shall be a
quorum, shall compdib the court of Quarter Sessions
Of the peace, and drphan's court thereof; and the
register of wills, tdgethcr with the said judges; or
any two of them, Shall compose the register's court
Of each county.
Section VIII. The judges of the courts or common
pleas shall within their respective counties, hare
the like powers with the judges of the Supreme
Court, to issue writs of certiorari to the justices of the
peace, and 16 cause their proceedings to be brought
Sefore them, and the like right and justice td be
Section IX. The president Of the court in each
circuit within such circuit, and the judges of the
court1 of common pleas within their respective
counties, shall bd justices of the peace, so far as
relates to criminal matters.
Section X. A register's office, for the probate of
wills and granting letters of administration, and an
office for the recording of deeds, shall be kept in
each courlty.
Section XI. The style of all process. shall be
"The Commonwealth of Pennsylvania." All prose
cutions shall be carried on in the narrte And by the
authority er the Corarrionwealth of. Pennsylvania,
and conclude "against lac peace and dignity if the
same." . ,
Section I. .Sheriffs arid corori'erS shall, at tho
times and places or "election of representatives, bo
chosen by the citizens of each county. One person
thall be chosen for each office, who shall bo commis
sioned by the Governor. They shall hold their
offices for .three years, if they shall so long behave
themselves well, and until' a successor be duly
qualified; but no person shall be twice chosen or
appointed sheriff, in any term of six years. Vacan
cies in either of the said offices shall be filled by
an appointment, to be made by the Governor, to
continue until the next general election, and uutil
a successor shall be chosen and qualified as afore
said. Section II. The freemen of this commonwealth
shall be armed, irgdnizei arid dliclrJlincd.fdr its
defence, when and in Such manner as May 6e directed
6! law. Thosb who conscientiously scruple to bear
arms, shall not be compelled to do so, but shall pay
an equivalent for personal service.
Section III. PrOthonotarteS of tie Supreme
Court shall be appointed by tlx said. VduU for
the term of three years if they so long behave
themselves well. Prothondlaries and clerks of the
several other courts, Recorders of deeds, and Re
gisters of with, shall at the times and places of
election of representatives, be elected by the quali
fied electors of each county, or the districts over
which the jurisdiction of said coxirts extends, and
thall be coninlissioned by" the Governor: ficy
shall hold. their, offices for three years if they shall
so long behave themselves uHu, and until tltcir
tucassors shall be duty qualified. The legisla
ture shall provide by law, the number of persons
in each county who shall hold said offices, and
how many and which of said offices shall be held
by one pctsdm Vacancies in any of ihe said of
fices shall be filled by appoiiitmttUi to be made
by the Governor, to continue until the next gene
ral election, and until successors shall be elected
arid qualijitd as aforesaid.
Section IV. Prothonotaries, clerks of the peace
and orphans' courts, recorders of deeds, registers of
wills, and sheriffs, shall keep their offices in the
county town of the county in which they, respec
tively, shall be officers, unless when the Governor
shall, for special reasons, dispense therewith, for
any term not exceeding five years after the county
shall have been erected.
Scctlori V. All commissions shall be in tho name
and by the authority .of thd CoirttrionWealih of Penn
sylvania, and be sealed with the State seal, and sign
ed by the Governor.
Section VI.. A State Treasurer shall t elected
annually, by joint vote of both branches' oft legis
lature. 8ection VIL Justices of the peace or aldermen
shall be elected in the several wards, boroughs,
and townships at the time of the election of con
stables by the qualified voters thereof, in such
number as shall be directed by law, and shall be
commissioned by the Governor for a term of Jive
years f but no townshipi ward or borough shall
elect more than two justices of the peace or alder
then without the consent bf a majority of ihe qua
lified electors within such township, ward or Ik
Section; VIIL All officers whdse election or ap
pointment is not provided for in this constitution,
thall b elected or appointed as shall be directed
by law. No person shall be appointed to any of
fice within any county who shall not have been d
citizen and an inliabttant therein otte vear next
before his appointment, if the county shall have
been so long erected t but if it sliall not have been
10 long erected, Vien within the limits of the
county or counties out of which it shall hmv. hn-H
taken. No member of Congress from his stale,
or any person holding or exercising and office or
appointment of fruit or profit under the United
or exercise any
giveaaeqyalcScurtty thtrejbr, before such pro
perty shall be taken', . . ,
, ARTICLE VIII. .. . .. ..
Members or he General Assembly, and all offi
cers, executive and judicial, shall be bound by oath
or affirmation, to support the constitution of this
Cqmmonwcalth, n,pd la- pet form the duties of their
respective offices with fiilqllty.
That the general, grcaf onaesscnUal principles of
liberty and free government may be rccpgniscd.and
unalterably established, WE DECLARBi TlIAT. ,
Section I. All mcti are bnrn equally free and in
dcpcndcnt,and haVe certain Inherent and indefeasible
rights, among which aro those of enjoying and de
fending life and liberty, of acquiring, possessing
of January, eighteen hundred and thirtv-in" '
Section III. The dauses, section" aSiX,
jhe said ConstiluUoS, whtcn fflCajitt
continue to t kartitn1A i..-w """'
States, shall at thk idme time Imld
Office in this State, ttt which tt Mary is. or fees or
perquisites are by law, annexed i and the legisla
ture may by law declare what State offices are in
compatible No member of the Senate or of the
louse of representatives shall be appointed by the
Governor to any office during the term for which
hi shall haviMen elected.
Section IX. All officers for a term' of years
shall hold their offices for the llrms respectively
specified, onli on the conditibri that they so long
behave themselves pell and shall be removed oti
conviction of misbehaviour in office or of any iV
famous crirrle.
Sectbn.X. Any person who shall, after the
adoption of the amendments proposed by this"
Convention to Ihe Constitution, fight a duel or
tend a challenge for that purpose, or be aider or
abettor infighting a duel, shall be deprived of the
right of holding any office of honour or profit ir
this State, andshallbe punished olherwise in such
manner as is, or may be prescribed by law t bu(
the executive may remit the said offence and all
tts disqualifications.
Section I. The legislature shall, as soon as con-r
venieutly may Us provide by law, for the establish
ment of schools Viroughout the State, in such"
manner that the poor may be taught gratis.
Section II. The arts and sciences shall be pro
taoted in one or more seminaries of learning.
.u5ecUon m- The lights, privileges, immunities'
4il estates of reiigiois societies and corporate bc-r
dies, sTSiti remain as if the constitution of this State
had not lei'n altered or amended.
Section IV. The legislature shall not invest and
corporate bodi or iml 'lucil v Ih li- pn-lff
uflakmu pr.we jm.p -iy fur puht ..v milt id
I i 'in-
and protecting property and reputation, and of pur
suing ineir own nappiness.
Section II. All power is inherent in the people,
and all free governments are founded on their au
thority, and Inttituted for their peace, safety and
happiness j. Ror the advancement of these ends, they
nave', at all times, an unalienable and indefeasible
right to alter, reform or abolish their government, in
such Manner as they may think proper.
Section III. All men JiaVe a natural end indefea
sible right to. worship Alrnjghty, Gpl, 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 hurhah authority can, Id any
case whatever, control or interfere with the rights
of conscience; and no preference shall ever be
giver), by law, td any religious establishments or
modes of worship. .
Section IV. No person who acknowledges the be
ing of a God and a future state of regards and pu
nishments, shall on account of Ills religious senti
rnents be disqualified to hold &hy office or placo of
trust or profit under this Commonwealth.
Section V. Elections shall be free and equal.
Section VI. .Trial by Jury shall be as heretofore,
and the right thereof remain inviolate.
Section VIL ,Tho printing presses shall be free to
every person who undertakes to examine the pro
ceedings of the legislature, or any branch of go
vernment i iuu iaw. suau ever do maae to re
strain the right thereof.
The free communication
nf thnncrhM dri'rt fitunlnnc U nnf hf tK'n InlfatMiMA
rlghbj of nian ; and every citizen may free ly, speak,
write and print on any subject, being responsible
for the abuse of that liberty. In prosecutions for
the publication of papers investigating the official
conduct of officers, or men In. a public 'Capacity, or
where the matter published improper fob public in
formation, the truth thereof may be, given in evi
dence i And in all indictments for libels tho jury
shall have a right to determine fhe law and the facts,
under the direction of the colitt; as in other cases.
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 person or things,
ihall iss'ic, without describing them as nearly as
mar be, nor without probable cause supported Dy
oath or affirmation.
Section IX. In all criminal prosecutions, the ac
cused hath a right to be heard by himself and his
counsel, to demand the nature and cause of the ac
cusation against him, to meet the witnesses face to
face, to have compulsory process for obtaining wit
nesses in his favour, and, in p'rosc'ciltidns by indict
ment or information, 1 speedy public trial; by an
impartial Wry of the vicinage ; he canriol be conj
pclled to give .evidence against himself, ridr can he
be dep'rlvcd of his life, liberty, or property, unless
by trie Judgment of his peers or the law df the land.
Section X. No pcrsoh Shall, for atiy indictable
offence, be proceeded against criminally by informa
tion, except in cases arising in tho land or naval
forces, or in the militia when in actual service in
time of war, or public danger, or by leave of tho
court, for oppression and misdemeanour in office. .No
pc'rsun sliall, for the same offence, be twjbe put in
jeopardy of life or limb ; nor shall .any fajin's pro
perty be taken or applied to public uJc,.witliout tho
consent of his representatives, arid without just
compensation bcioi irlade:
Section XL All courts shall be open, and every
man for an injury done him in his lands, goods, per
son or reputation, shall havo remedy by the duo
course of law, and right and justice administered,
without sale, denial or delay. Suits may be brought
against the Commonwealth in such manner, in sued
courts, and in such cases as the legislature may by
law direct.
Section XII. No power of suspending laws shall bd
exercised, unless by the legislature, or Its authority.
Section XIII. Excessive bail shall not be re
quired, nor excesilve fines imposed, nor cruel pu
nishments inllltlcti;
Section XIV; All prisoners shall be bailable by
sufficient sureties, unless for capital offences, when
the proof is evident or presumption great ; and the
privilege of tile writ of habeas corpus shall not be
suspended, unless when, in cases of rebellion or-invasion,
the public safety may require it.
Section XV. No commission of Oyer and Terminer
or jail delivery shall be IssUe'd.
Section XVI. Tho person of a .debtor, where
there is not strong presumption of fraud, shall not
be continued in prison, after delivering up His" estate
for the benefit of his creditors, in su'cU manner as
Shall be prescribed by law.
Section XVII. No ex post facto law, nor any law1
impairing contracts shall be made.
Section XVIII. No person shall be attainted of
treason or felony by the legislature.
Section XlX. No attainder shall work corruption
q! blood, nor, except dtfring the life of the offender,
forfeiture of estate td the commonwealth'; the es
tates of such person's! as shall destroy their own
lives, shall descend or vest as in case of, natural
death ; and if any person shall be killed by casualty,
there shall be no forfeiture by reason thereof;
Section XX. The citizens have a right, In a peace
able manner, to assemble together, for their common
good, and to apply to those invested with the powers
of government for redress of grievances, or other pro
per purposes, by petition, address of remonstrance.
Section XXI. The right of citizens to biaf arms1,
m defence of themselves and the State, shall' not be
Section XXII. No standing army shall, in time
(if peace, be kept up without the consent of the te
gislature ; and the military shall, in all cases, and at
all times, be In strict subordination to the civil power.
, Section XXIff. No soldier shall, in time cf pcabc,
be quartered in any house without the consent of tho
owner, nor In tfene of war, but in a manner to be
prescribed by law.
Section XXIV. The legislature shall not grant
any title of nobility or hereditary distinction, nor
create any office the appointment to which shall be
for a longer terrVi than during good behaviour;
Section XXV. Emigration from the State shall
not be prohibited.
Section XXVI; To guard against transgressions
of the high powers which we have delegated, WE
DECLARE, that every thing in this article is ex
cepted outof the general powers of government, and
shall for ever remain inviolate.
Any amendment or amendments to this constitu
tion may be proposed in the Senate or House of Re
presentatives, and if the same shall be agreed to by
a majority of the members elected to each House, such
proposed amendment or amendments sliall be entered
on their journals, Wfth the yeas and nays taken
thereon, and the Secretary vflhe Commonwealth shall
cause the same to be published three months before the
next election, in at least one neivspaper in every
county in which a newsfipr shall be published ; and
if in the legislature next afterwards chosen such pro
posed amendment or amendments shall be agreed to
by a majority of the memoirs elected to each house,
the Secretary of the Commonwealth sliall cause the
sdttu again to be published in thanner aforesaid, and
such proposed amendment or amendments shalt be
submitted to the- people in s,uch manner and at such
time, at least three months, after biing so agreed to
by the two houses as the legislature shall prescribe ;
and if the people shall approve and ratify such
amendment or amendments by a majority of the qua
lified voters cf this State voting thereon, such amend
tnent or dmendments shall become a part of the con.
stitutioti t but no amendment or amendments shall
be submitted to the people oftener than once in five
iedrs I Provided, that if more than one' amendment
be submitted, they shall be submitted in such manner
and form, that the people may vote for or against
each amendment separately and distinctly.
That no inconvenience may arise from the alternJ'
Hons and amendments in the Constitution of this
teramon wealth, and in order to carry the same into
complete operation, it is hereby declared and ordain
ed, That,
Section I. All laws of this Commonwealth in' force
it the time when the said alteratlpns and amend
ments in the said Constitution shall take effect, and
not inconsistent therewith, and all rights, actions,
prosecutions, claims, and contracts as well of Indi
vMualansof bcoVir.rpou" li . t mtf a uf tuo
flu' (pi 'j" in nine" in t .
said Constitution had not been im,h Tl u "U
f , . . "h!-,"l"i' 'K'"een Hundred and Zi
eight, shall continue its session, as heretoforl
wi nsianning jiie prey s on. in the eleventh .V.?l
of the first article, and shall.kt all tlm.. Vl
Con,htltuiron.GODCral mict "
Section V. The Governor who shall ho
Qetoher, eighteen hundred and tlilily-dtht ,'
napgyrateA pn the third Tuesday V'lX
eighteen, hurled and thlttjW, to
the present executive, term is herohw '
SectlUA Vf. Thc cvrrtmlsions8f the Judges ok?
Supremo Court, who mavlnoffice on thffiV M
of January next, shall exp re n the following?!
nen The commission which hr. .V."".. .'!
shall expire on tho first day.of January Ann'
mini itn. Sfcni,.,n,l ol,rl,t t.,..U.j I.. , ' A,W W
commission next dated nhall v!, .I5J'"l,.0l4l
of January, Anno Domini one. thousand el.U T
drcd and forty-fivoi the comm . inn ... 7?. V "'
expire on the first day of January, Anno iw1
one thousand eight hundred arid WekhtM1'
commission next dated shall expire on the fin J '
or January, Anno Domini one thousand elsht Ct.'1
drcd and fifty-one; and the commission lasifAjs'
shall expire on the first, day of Januarv AnnY V
v.. vuiiumssiuns oi trie PrciJ.
Judges of the several judicial districts and o S
associate law judges of the first Judicial distrl-i ,i.t
M.I..B u muuni i iic cuiiimi5sions oi one-hair J
f.inn ..ii i. ..": rjs"i
bruary, one thousand eight hundred and
nm iuiiiiiupuua ui .lit; UUIIT 11311 OI inOSC.WtlJ
tl3VA linlil lllrtlf nffiA0 .An I'.ti r.. . .1 .1 'l 1
tlon of the amendments to the constitution, iti
expire on the twenty-seventh day of Februaiy oJ
thousand eight hundred and forty-two ; the firitM
to embrace those whoso commissions shall bear tu
l.t... J... ITL.. I..! """'t
v.uva. udic, tixv uuiuiiiigstuiisi gi an mp remiuiuii
judges who shall Hot have held their dffl'ces forte
yeats at the adoption of trie amendments to the caw
stitutlon, shall expire dn.tlie.twcnty-sevcnth dirii
tebruafy next after the, end or tea years from tli
daps of their commissions.
8cction Vlll. The Recorders of the several liit
ors' Courts, and other criminal courts in this Cm.
monwcalth, shall be appointed for tho same tirpe.
and in the sanie manner, as the President !i.,t
of the scvpral judicial districts) of those now ii
office, the commission oldest in date shall expire n
the twenty-seventh day of February, one thousatt
eight hundred and forty-one, and the others v5rt
VvfA years thereafter- according to their respectm
daV. Those oldest in date cxnirinv firt.
Section IX.. The legislature .at its first session eg.
der the amended constitution, shall divide the (ittct
associate juaires oi me state into lour c a. mk.
commissions of those of the first class shall rirSt,
on the twenty-seventh day of February, eluhteiiJ
iiuiicu .im iuiij i ui uiuBc ui ine second day m
tne iwenty-sevenin oay oi February; eightceh K11B
dred and forty-one; of those of the third class :
the twentr-seventh dav of Pohmin- t,.,.
drcd andorty-twd j and, of thuse of the fourth clis,
dn the twenty-seventh day of February, cAm
huhdrcd.aHa forty-three. The said classes florri tli!
first to the fourth shall be arranged accprdjiiz to tin
OI.IIIUU.J v. me wmimiuii9 ui several jiiages.
Section X. Prptyijnbforios, clerks of the .seven,
courts, f excen t of the Sunrcmo Courts
' deeds and registers of wills,shall be first elected under'
inc.ajncnaco constitution, at the election Qf repre
sentatives In the year eighteen hundred and thirtv
nine, in such manner as may be prescribed bv lirt.
Section XI. The appointing power shall remaimt
heretofore, and all oilicers In the appointment of thi
executive department shall continue in the exercli
of the duties of their respective offices until the
legislature shall ftajs such laws as may be reqlitrci
by the eighth section of the sixth article of tbe
amendpd constitution, and until appointments' shall
be made under such laws; unless their commission!
shall be superseded by new appointments, or shall
sooner expire by their own limitations', or the tail
offices shall become vacant by death or relunation,
and such lawj shall be enacted by the first legiili-
tllrft finder thr. 9mpnilitt rnnilitntinn.
Section XII. The first election fpr afdermcri n!
justice! of the peace shall be held in the yr'srttgM-
ecn nunoreci ana lorty, at me time nxea lor na
election of .constables. The legislature at its fin!
session' under the amended constitution ;liall .pro
vide for the said election, and for subsequent similar
elections: The aldermen and justices of jth'e peace
now in commission, or who may in the b
appointed, shall continue to discharge the duties of
their respective offices, .until fifteen days after thi
day which shall be fixed by law for the bsuiog of
new commissions', at the .expiration of which time,
their commissions shall expire.
In testimony that the foregoing is the amenJei
constitution of Pennsylvania, as agreed to in
convention, We the officers and meinbers of the
convention have hereunto signed ,imr name s at
Philadelphia, the twenty-second day,,of Febru
ary, Anno Domini one thousand eih'f. hundrfl
and thirtyeight, and of the InderJWidence of
the United States of America the sixty-second.
Daniel Agnew, Ezra S. Hayhurst,
vm. Ayres,
M. W. Daldwin,
Kphfaim Banks,
John' Y. llarclay,
Jacob Raridolar,
Chas. A. Ifarhftz,
Andrew Kedfoid,
Tlios. S. Bell,
James' Cornell piddle,
L'cbbeus I.. Illgelow;.
Saml. C: lionliain',
Chas; flrtwn, (
Jeremiah !rpvi),
William BrowfV,
Pierce Butler,'
Samuel Carey,'
John Cummin.
Thomas S. CUnnlncnam, David Lyons,
William Curll, Alex. Magee,"
Win. Hays.
Abm. Helllenstein,
M. Henderson,
Win, Henderson,-
VVm. Iliester,
William High,
Jos. Hopkinson,
John Iloupt,
Jabcz Hyde,
Charles JarCd Ingcrsolt,
Phi. Jenks,'
George M. Kelm;
James Kennedy,
Aaron Kerr; , '
Jos. Konlgmachcr,
Jacob Krebs,
II. (;. Long,
Wfn. Darlington,
George Chambers,
John Chandler,
Jos. R. Chandler,
Ch. Cha'uncey,
Nathaniel pfapp,
James Clarke,
John Clarke,
William Clark,
A. J. Cline,
Lindley Coates,
R. E. Cochran',
Thos. P. Cope,
Joshua F. Cox,'
Walter Craig,
Richd. H. Crain,
Geo. T, Crawford,
Cornelius CruiW4
Benjn. Martin
John J. M'Cahen,'
Mark Darraliv
Manner Denny,
John Dickey,
Joshua Diekerson,
Jacob Dllllngcr,
James Donagau,
J. R. Donnell,
Joseph M. Doran,
James Dunlop,
Thomas Earlc,
D. M. FarieHy,
Robt. Fleming,
Walter Forward,
John Foulkrod,
Joseph Fry, Jr.
John Fuller,
John A. Gamble,
William Gearbart,
David Gitmore,
Virgil Grentll,
William L Harris",
i nomas justmgs,
Joel IC. Manri, ,
W. M. Meredith1,
James Merrill,
Levi Mert;,
Wm. L. Miller,
James Montgomery,
Christian Meyers,
D. NcvirV; ,
Wm. Ovefneld,
Hiram Payne,
Matthias P.ennypacVtr
James Pollock,
James IVrtef,
James Madfsyn Porter,
Saml. A. I'u'fviawe,
E. C. Reigart,
A. H. Read,
Geo. W. Rfte'f,
J,no. RUter( .
If. Gvld Rogers,
Jainjs.M, Russell,
Daniel Sacger,
John Morin Scott,
Tobias Sellers,
G. Seltzer,
Gen. Serrill,
Henry Schectz,
George Shilleto,
Thomas H. Sill,
Geo. Smith,
Win. Smyth,
Joseph Snlvely,
Jno. 11. Sterlgeie,
Jacob Stlcliel, , .
Ebenezcr W. Sturdcvanl.
Thomas Taggart,
Morgan J. Thomas
James Todd,
Thomas Weaver,
Jscob M. Weidman,
R. G. White,
f.'eo. W. Woodwaid,
R. Young.
(Attest,) S. Siiocir,1 Secretary.
IlARBUBi-ila, FeuriaiiV 2S,'?rr
I certify, that the foregoing is au exact and ln
coiiy of " the Constitution of the Commonweal'"
Pennsylvania as amended by tbe Convention ol
thousand eight huudred and thlrty-sevn-W.
eight," deposltod in this office on the 20'ba? ",
February, 1SS8; the amendments being '" "'J
and the retained portions of the prckeui i -
In r-w i
111 H mMiTJPW ra