Carlisle herald and expositor. (Carlisle, Pa.) 1837-1845, March 20, 1838, Image 3

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

    Section VII The senators shall 'be chosen
in districts, to be • forrded by. the . legislature;
[but do
'to,
"hall be so formed AS to.enti
*le it . to.ele:et'rhore , than, two senators, unless
• the number of taxable Inhabitants in any.eity
ror county : shall, at any time, be
-such as to en
• title it to:,elect more than two, but nn city or
'county shall be entitled to elect more than four
togsg.ayjien -a - djdtri t- shal t-he, tom - 'Osed
twd or more. counties; they shall beta
Ang;•.neither the. city . of Philadelphia rior any
county shall be divided - in forming a district.
'Section VIII: 'No potoonShall be a senator,
wh.o.shallnothave attahred ° the, age of twenty-..
five , years and have -beeii-iifeiti r ieii. - Sfidi.inhah ,
itant of. the state four- years nest before-his
leatien,- and thejasf year thereot:aninliabitant
'Si the district.for..%vhiCh he shall be 4 chosjw,
Unless he shall have been-absent on the pub &
business of. the United - ;States - o't this State;
land no pers,on elected as- ' aforesaid, shall
hold laid ofliceafter' he ahall..liaVe - removed
' fiam such district.] "
. .
Sc l ction . IX. [The squalors . whe may-bee-.
- . lea& sat the first general - election after 'the a--
•doptiw of the, - amendipentsto .the constitp;•:
divided,bY by: intothree classes.
The seats of the..seriators , of.. the .first class 'halls
be vacated •-at the expiration. of the. first year;
of the second class at the . exiiiration Of thesec
' --.ondyear; and of the third-class at We . eicpira;,
tion. of the third. year; so that thereaftettene
-
third of the•whole nu nther of senators may be
chosen_ every yeaj:. - The senators elected .be
. fore' the athernlmentS.te the - constitution shall
• • be adopted, shall hull - their offices during the
terms for which they shall - respectively . have
_been elected, •
Section X. The GeneralAs'serribl-y shall ,meet
. _.
on the first Tuesday of
. .ran4arn in everyy- year,
unless sooner-convened, by the Governor.
_.
,_
Section XI. Each houSe;shall - chOose its
-
Speaker'and other officers; and,,the Senate - Aall
also choose a Speaker pro .tempore, when the
Speaker shall exercis,ethe office of Goernor.
Section Each hOuse:shall jndge'of-the
qualifications of its.meMbe'rs. Contested
tions: shall be determined by a committee to•be
•Seiected, formed and regulated.hrsuch - Manner
- as shall be directed - by laW., .A majority of
each houSe.shaiLccmstitute a quorum to do bu
---siness; buta-smallerimn — tber - rita - Y — a - djourrt - from =
darni'd iTyrTandtnia - r l be- authorized
,by law to
.compel -the attendance of absent meMbers, in
such thanber an(Lunder 'such - penalties . as may
provided... • . - .
Section XIII„EaCh house -may determin
the rules.of its • preeeedlOgi, - punish, its mien
• !'
hers= for disorderly behaviour, and with the
concurrence
,of two-thirds, expel a meMber,
biWribt a - second_tinie, for the same"cause;
_,.and.ShalLhoye T allother'fioArdnr-n - eccssaryL-for:
.a..hranch of the legiSlature of a free State.,
Section, XIV .[The. legislature . shall hot
have power to
traet of marr'ant in any case where, by law,
the 'courts - of this commonwealth are or. may
hereafter be e powered to decree a divorce.]
; Section XV. 'ach house shall keep. a jour-
nal of its 'proceedings, and publish them week
ly,-except-such parts as may reqetire..secrecy:
•and the yeas and .nays of the members on any
question shall at the deSire of any two of them,
, • 'be entered on the journals..
Section XVI. The doors :of each house and
• df eMinnittees 'M. the whole shall be open, un-1
to be-kept Secret.'
•
Section X r4e . ither lib Use shall, -with
out the consent of the, otlier . adjourn- for more
thaTi three days, nor at any 'Other place than
that in whieli the 11:vo houses shall be Sitting.
Section XVIII. The Senators and represen
. tatives, shall receive a compensation for their
'services to be ascertained by laW, and paid.ont
of the treasury of the eotnn l onweal O i. They.
s'.tall — in alt casts -'2ceept----treason ; felcinta
bre.ach or surety_ df the peace_', he
. prtvtleged
• .from arrest during their attendance at' the ses
sion-of -their 'respective houses, and in going .
to-and rettlining from the same:' . .-And_fur,..any
ipeech' or debate iii either' !tense, they 'shall not
be questioned in any 'Other plaCe.
7 . SeCtion XIX. No'Scriator or repregeritative
*hall, during the time for-which - be: shall haVe
been-plected„be_appointed_ta_any_ civil_ofAce
tinder this:'ConiritonWealth which shall have
been created,'or the emoluments of whichshalt
• have been increased during such time and.,nd
..Member Of Congress or lotner person holding
. any 'ofilee r (exCept of attorney at law and in the
. militia) under the - United States or. this dom,
---mOnWeajth r shail-lao-a-ntember-og : either--heuse.
during -his deritintlande in 'Congress or in of
. flee.
'Section XX..-When vacancies happen in el
- ther.bOuse the Speaker shall issue writs, of e
lection to fill such vacancies. . •
• Section XXI. All bills for raising revenue
:ehajt; originate in the house of tepresentativO,
--- but--tbe.Senate may propose anaendthente as in
- other
-Section XXdh , Na
•
sb all raw n
fkom the ti-eaaurY. but in consequence of ap
• ,propriatioris madeby law.
• SectiOn'XXl - If. 'Every-bill which'shall have
- passed both houses shall he, presented to the
Governor. If he approVe he shall sign it; but
shall - not 7 approVe_he shall return
. his objections to the hou,apinwirhich it shall have
iigioatod r -who,shall-enep-his-- , objection - r - air
• large upon their journals and .proceed to' re- ,
' coasider it. If, after re-consideration, two
thirds Of . that house shall 'agree to pass the bill,
it shall be seat with •the objections to the other
hdine_by . Which•tikewise.it shall burs-consid
ered, and ; if approved by; two-thirds of . that
40ime'-it•_shall be- a laWi - Adut•in - .duch cases, the'
,votes of both houses 'shall be deterinined by
• 'yeas and nays, and the panhes"of the, persons
v_oting for or against . the bill shalt be entered
; the journals of each houaerespectively.. If
any bill . .ahall not he ieturned„by GoVer
..
: nor within ten' days (Sundays excpted) after it.
shall have been presentd,Ttolbimia,shalli.be,
law in like manner..a n i irlie-ilidlaigned it, uit 7 .
less -the, General-:'Assembly:b.3r'thetr:•adjoUrn
`.nietit; prevent jta:retui,n - ,•,in„whieWeas9 . 4,shail
o be alaw,unlesa, sent . back 'Warn . th'ree 'days
• afte their..pest Meeting: .
• - - . - .-Sec • •• n.X.XPV;,,F,,very,orde?; resolotion 'Or
.•
vote to
. V 5 Ich'•the concurrence of • both houses
may benec ssaey (excel:it - pa - a lineation of ad
journment) presented to :the .Cl;:Orer.:
.
nor; and before I. shall take effect; be approved
by him, or being disapproved, shall be repass
ed:by two-thirds of bolt houses accordnfg to
'the 'rules and limitations prescribed in case of
a bill. -• • _
Section .XXV. [NO corporate bOdy..shall
be hereafter created, reneWed 'or extended,
With,banking,or discounting privilegesovith
onsi -mon.ths_previotis. public notice of_ the
,intended pplicatienSur the satitirt- . 4 sirehirrarr.7
as shall preserib:pd by law.: NO shall any
zliarte - r i for the purpose aforesaid, be °granted
'for • a._ longer period..thatiiyVenty : years, and
'every such -charter Shall Contain -a clause re
semi ng-te-the Aegislatb re--Abe-pp wer---to ; alter:,,
revoke or- annul the same' whenever their
opinion it
.may )e...injurious:to the citizens of
the commonwealth., in such manner, honiever
that--AD injustice. shall he 'done : to the corpora
tors,: hereafter enacted., Shall create,
renew or extend the Charter . or more Than One
corporat
ARTICLE 11. -
Section I, The . supteine Executive . power'' of title
Commonwealth shall be vested in a Governor. •
Section 11. The Governor shall be chosen on the sec ,
on Tuesday of October, by the citizens of the. Corn-.
montvealth; at . the places , where they shall respectiVely•
vote - for representatives.• The returns of b very elec-.
'Lion for Governor- shall be sealed - up and tranemittedto
the seat of government; directed to the Speaker of' the'
Senate, who shall open and publish them irr i the pres-.
.
once of themembers „
of both houses of the legislature.
The person having the highest ['timber of votes spell
be Governor. ' But. if two or niore shall be equal and
highestin votes, one of them elfall be chosen - GOvbi;
nor by the joint vote of the memtiers . of botlt-houses..
Contested elections shill be determined by a Commit
tee to. be.selehted from-both hotisea of: the legislature;
and for Med "and • regulated in such
. manner as shall be
- directed ityjaw... • .
SeCtion 111. 'l'he — Governor shall hold his offCe 'du
ring three years from the third Tuesday of January
next ensuing• his election,. and shall not iso capable.of
holding it longer than sice'in any.tertit of nineyears..._ . •
Section IV. - He shall be at least thirty years of age;
and have l:Jeri-a citizen` arid an inhabitant of this State
fteve— • • .
n .yeare .next.beforkbis election; unless he ehdll
havp been 'absent on the public burilnesVcif the United
States or of thiS State.- • - - •
--Section V. No member of Congress or persen hold
*ng-art-y - -office-und'er-tlie-theited-Statetr-or-thist.State-s-hal
.
exercise the office of, Governor: _
Section VI. The Governor shalFat Mated times re=
ceivefor his services, a comPensation, which shall lie
,neithetincreased nor diminishe.d.4uring-the . period foil
ohiolf No' sha7l-
...Section VII. commander-in-chief or the
army:and navy of thli commonikealth, and'of: the nal- .
litia, eicept . when- they.shall be called into the actual
service of the United-,States. '
• - . -
Section VIII 7 He shall_ ppoint a Seeretal.y the-Coat
.monwca Ith during pleasure s and he shall mot: dilate and
by and with the advice - and consent (I the Senate - afifiaint
all judicial (Si cers
_cpurts..if.record, unleis otherwise
provided for,in,.this Constitution. He shall have power,
lu fill . all vacancies that may happen in such judicial nifi
cers,during therecess 1 the Senate, by grantin - OomMts;
slims which shall expire at the end, (y• their next session:
Provided,' that in acting on executive nominations the
Senate shall sit .with open doors, and in confirming or re
jecting,•the nominations of the Governor, the vote-shall be
t aken by yeas and nays.
Section IX. He shall have power to remit.fines and
..forfeitures - and grant reprieves, and pardons except in
case of impeachment.
Section X. He mayLreqeire information in writina,
ficidt7tlmeffiortfiniike=excstitive department u fibn-any
subject relating to the duties of their respective offices.
•
~Section XL Ho shall from time to time, give -to the
general Asinirthly-information of the state of the Com
monwealth., and recommend to their consideration such
measures as he Shall judge expedient.
Section XII. lle-may on extraordinarylbccasione,
convene the General Assembly; and'in case of disa
greement bet Ween the iwo housee, with 'reelect to the .
time--er- adjournment,--ifiljiitifiV- them at stich time as
lie shall think proper; not exceeditig - four months.. -
--Section,Xlll—ife_shall•taken-ctiie that the..latvi_be
•faithfully 'executeth •
Section XIV". In case of the death or resignation of
the Governor, or his removal from oirze, the Speaker
Of the Senate shall dtralse the's:dice of GovernoN.un
til another G over dor shall be duly qualified; but insuch
case another Governor shall be Chosen at the next aunual
( elettion,cf representatives; unless such death; resignation
or-removal,-sball occur-within- Mree-caiendar-nsonths-int ,
mediately preceding'sticis next Annual election; in,which
case a Governor shall be chosen al the second Succeeding
oilieral election V - representatives. And if the trial Of
a 'contested election shall continuo longer than Until the
thiid Monday's? \ Jantsar# next entitling lice "election of
Governor; the Governor of the-last year or the Speaker .
'of-the-Sonate-Whirrhay-be-in--thtr'eirercise-of-theatx
eCutive authority, shall cOntititie therein until the de
termination of such contested election, and until a Gov
ether shall he
.4is/ii qualified as aforesaids , • ,
Section XV..., 7he -.Seetelary sl the Commonwecsa,-
shall keep a fair register of all the official acts and pro
ceedings of the Governor, and-shall whedrequir l ed, lay
the same and all papers, minutes , and ,vouchers relative
'thereto, before either branch of the legislature, and'
-shall-_perform-such-other - Auties - as shall be 'enjoined
him by law.
ARTItLR 111.
Seetiiin 1.. In elections by the'cilizens everywhitefree
•Tan of the age qt twenty one years, hacitm .res:ded in
this State one year, and in the election district where he V
iers trii'vote ten daysiitiMediately ireceding such election,
at d .within two-years paid a- Slate or County tax, which
shall have been asiessed-ittlasttete election,
shalten)Vizen - of :the
United States Who had previouqy been a qualified voter
of this Slate and removed therefrom and returned, and
'whikshall have resided in Ike election'eNstrict, and paid
taxes as aforesaid shall be entitlid to vote after residing
in the Slate .six months, Provided, that white freemen;
citizens of, the United States, bet Ween-the ages of twenty
,9neand l wenly-ltim.yearsond haVing resided in the Slate
one „year, and,in the election district ten aforesaid,
shall
afuraid,
shall be entitled to vole, - altkough they quilt not have paid
taxes.
. .
.Section 11. 1111 @call - 4s shall he bt ballpt, except
Allele by persens in their representative capacities,Who
shall:Note viva-vooe.• •
BCetion,lll. _Electors' shell lit all car, except -trea
son,l o
elonyuldideach or surety . of itie peace, be priy
ileged
,froui arrest, during their,attendance cin eledtions,
nd-in going to an.treiurniag from - them. # ~.
. _ •
. . °'/iII.TICLE, IV.
Section I. Tho Hoven of
. RepreseataitVeiiliall have
the sole power ofirmpea - ching. ' ' ,
Sedtion 1 . impeacludents' Omit he tried by the
Senate; whewsitting, for thatpurpose, tit's Senators shall
bo - upon oath or affirmation. No•person shall be 'con
victed without the concurrence of thirds 'of the
members present. ."
.Seetionlll. Tho Governor, and all other civil officers
Under Thief Cotttmontvealtli shall be liable impeach - -
ment for any misdemeanor in office; But judgment, in
such cases,,shall not extehd further than to removal
from office, .and disqualification .to hold any office of
honour, trust• or profit, Sunder this Commonwealth:
Tlie. party, whether convicted or!ac4uitted, shall never-
IlfeleiV be Hal
ighmentacoordingio
ARTICLE: V.
. ,
Section ..t.:_Thejtidicial power oi this Cortyndit •
-
wealth,shallbe vested in a Supreme Court Lin Courts_
of 'Oyer and TerminerandPOenerei Eleliveryvin.a
Court of Common .Pleae,• Orphans' : Courti Register's
Court,-and doqrt,of quarter Sessionsirof the Peace,
fo reedit ethinty; in Justices of the Peaces and in such
other. Carts 4 ,.as the 'legislature May from ulna, to
time •establish • •
. .
Seddon - IL: The judges if tife.Saprenit tour!, 11' the
several Coups if Common. Pleas, and of such other Cointe
if 'Record as are or shall be established by laiv,lliall be
nominated by the . Gotertwr,•and by and with the con_ stilt
if the Senate appoiTed and commissioned -by him. The
judges.of the'Supreme Cbart sheilthalet their iffices for the
term of fifteen years if they thall So long Behave themselves
ivell. The piidol judges if the several Courtsif Com
mon; Pleas tin of such other Courts of Ilecoierat'itre or
shall be estabhsheri by law; and all other judges required
to.be - learned in :the laW, shall hold their offices for the
feria if teq years if they shall so long behave themselves
well. The disqeiate judges of the Could, 1 — Common
Pleas shall hold dig offices for the tern of five years• f:f
thew shall so long behave themselves well. •13u1 for any
r,eatonuble cause which shall not , Ite:Rifficienttround:of
impeachment, the Governor may remove any if
. them on
the addiest of two-thirds of each branch if the legislature.
- The judges
. olthe Supreme Court and the prlsrdegts of the
several Courts .of Common Pleat „shall at :stated times
receive fur theikAervices an atiegUate compinsation to be
fixed by Tato;Which'sAall not - be diminisheit.during their
J.
continuance in office, but they shall receive, no fees or
perqUisites . if tiffice, nor hold any oilier office of prollti'un
_
der this Commonwealth. i . .
Section 111. : Urrlil glhirwise clirecte, by law, the
Couils4f .(!in-nnion Pleas shall continue as at present el ,
I«blislicd.' Nut mare than five - counties sliall qt any time
beineladed;in ont judicial diStriet - organized far said
cuurta., . - . . _
Scallop IV. The jurisdicgon of the Supremo Court
4-11-all-;e-xtentl-err2tlirr"-StatfilLand-the--judies-ttrerecik
shall-by virtue-of thejrofficesf.be-justicesolOyer-and
l'ermirter, and, General Jail Delivery r in, the - several
. -
counties. , _ .
, .
Section V. The, judges- of 'the, Court of Corrinton
Planer, in each county, , shall by,vrtue of . ..their offiCes;
bd)ustices of Oyer and -Terniiner.and _General_jail:de
for•the trial of capital ard - offpnders•there
in ; any two of the said judges, the - president being one,
shall:beTa.quortt4but they .shall hold ._a _court. of.
oyer.and county, when
the. judges of thk . Supreme court, or any of_them, shall
be sitting in the same county.'. : The.party .accusedots
well as the riemmenwealth, may, uhdor such regula
tions as shall be prescribed by law, remove the
tnent and proceeding,s or a transcript thereof; into - the
Supreme
Seetien VI. Tlio Supreme Court, -and the several
courts of common pleas, shall,'beside the powers hereto
fore usually exercised by titein k have the power of a
court of Chancery, so 'fat ati relates to •thp perpetuat
ing of teStimony, the obtaining of eirldence.from places
not within the State,' and the care, of the persons and
estates of . ..those who are non compotes mentia: -And
the lgtslattrre shall vest in the said Courts such other
. powers to grant relief in equity, is shall be foetid no
-cessarr--andirrayi-frorn-time--tcrtimc,-enlargiror:-diminr-••
iili-th9SO-pawers_ar_v.e.st_theralu_such other_couctii_as_
they shall judge proper, fur the due administration of
justice.
Section VII, The judges of the conrt,ofcoinnion
ileaS of each counlY, any two jof whom shall be a
quorum, shall compose the court of Quartet Sessions
of the peace, and orpans'court thereof; 'and the register
of wills together with the said judges, or any two of
them, shallteompase the register's court of each cotin-
Section tTIII. The, judges of the cours of common
pleas shall Within-:their:respectire -Counties haio-the
'like powers with th:e judges of the Supreme Court, to
issue writs of certiorari to thejustices of the peacb, and
to cause their proceedings to be brought before then;
and the like right and justice to be done. _ .
-Sectionl . X. The president or the court in eabh cir
cuit within sucheirCuit,and the judges of the court of
common Ouse within theirrespective . counties, dhall
lie-Tu,sticet-cirtlie-peace,--se-far-airrelates-to--Criteinal
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; iall be kept in each . coUnty. •
Seytion Xl. The style of, all precess shall be , •The
commormeettluoLnkoste,ykania,._ l __AlLpistateviiettEl.
shall be cartieci on in the naive and by the , authority of
the CoMmontvealth of Pennsylvania, land concluded,.
“agaitist the peace and-dignity of the same N-
. Vl. .
Section I. Sheriffs and coroners:shall, at the - dunes
and places of election of represeqtatives,_ be chosen by
the citizens of each county. Oni person shall be chosen
for each office, who shall be commissioned by the. Cloy- -
urnor. -- :They.shell hol d
, th e ir Offleeslor three years, if
1 they shall so long behave themselves well,-,and until 'a
- surceetorbp-du I y-tinal i fiertrbut-no - pers on - sh al I - be
twice-chosen or appointed sheriff, in any term - of six
years. ,Vacancies in either of the Said offices 'shall*
-filled-by-an-appointment, to he made by the Governor;
to continue until the next•generalelection, pna,tintila
successor shall be arisen and qualified as.aforesaid.
~. Sectien I‘. The freemen ofthis nofonwealth shall'
- b - e - armeilior§amzed - arid , ' .diseijili d fiiCits defence,
when and in duck , manner as may be directed.bY law.
Those who conscientiously scruple to bear arms, shall
not he compelled to.do,so, but shall pay .an equivalent
. .
;for. personal se rvice. . . ... —.
:[Section 111. Prothonotviries of the Suprenie Court shall
be' opiviii tpd by the said .Court for the term of three , yeari : 1
if they,, so long- bellovtoheMselves, well.,
_.eroMonotaries,
Old clerks of the severe:bathos-courts, Recorders of deeds,. '
and Registet i of wills; shall at th r elifizei - and - Wilies
_of.
election of representatives,,be elected .by the qualified ekc
tors of each county, or the districts: over itiltich the jurisdic.'
lion 'of said courts extends,.and shall be commissioned by
'tire, Governor... They shall hold their offices fur three Oars,
if they' shall so.long bibitvethentselves well, and anti! their
successors shcill be:duly qualified.' The legislature skall
provide by law, the number iitifersoni in eachtounty Whic
shill hold said (Sleet!y and hunt' many . andlwhich 11- said_
offices shall be held by One, rson: ~- Vacancies in'any of
the saictiffices shall be Me .
appointments to be made
11:g the Governor, to continue un (1 Me fiat :general ete.'ion,
and .until.successors. shall be elecied and quail*, as Ore-
Sec,titniJ clerks of. the peace lila
oFPfians''o§urts; reiiiiiiere of deedo, registeye of "wille,
gmenti an
Lan
=lll
=ZEE
. , ...
and sheriffs, shall keep their offices in the county town
of the county -in which Alley, respectively, shall be
officers, unless .when the . Governor shall, for special
reasons, dispense therewith, for any term not exceeding
five yeardafter the . County shall.have been erected.
Seption,Y. All comtniaelone_shilVbe in_ the-name
and by the authority of the. Commonwealth ef,t'entisyl
vatila, and besealed With. the State seal, ind eigned .
Iby thii - • - •
tie
Salim \ ;rare reastiref shall ;r3 ekctcd an-
nually,py. - joint - vizb -. Dt both' branches - 4" - . the le gisliture.
Section Vielsriistices of the peace or aldermen'
Shall be eledted in . the 'several- wards, beroughs..• and
tovintshipii,at, the time of the election of conetablea by
. - the - qualifiad -- Votera - thereof. - itesuch-ltuthher
he directed by la*, and shall be commissioned . by the
Governor kora teria of five years; but no township,
ward or borough shall elect more that* two justices of
the peace or aldermen without the - consent of a majority
of the qualificd,electore ikithittbtiehiotkinablp, Ward or
'Section VIII. [All officer's *hail election ar 'appoint;
meta te not provided fof in this boiistitutiori, shall be
elected or appointed "is shall be directed by law.. No
person shall, be , appointed to - any o ffi ce - within any
.coiinty who shall not have habit a claim and an irt=
habitant therein one year next befori3 hib aFipointmerits
if the'coaniy shall hatre been - so londereated ; but if it
shall atit have been •so long. erected, then within the
Ihnits of the county or'cOunties out of which ii' shall
have been taken. No member or Ccingrobs froth this
state, or any: persbn holding . or exercising any office or
_appoiattaelit_of trust or profit under the United States,
Shall at the-same time hOld 'or exercise- any office in
'this slate, to which-a salary is, or fee's or perquibileb
ars,liy law,. annexed ; and the legislature may. b.Y . law
declare what State offices are incouppatible., Nomem•
bet oflllie'Sehate oe of the house of representatives
shall bo'appcinted by-the Governor to any office durilig
the termloi.Whielt-he shall have been elected.]
• 'See'tion IX. [All ,oltiiers for - of years shall
Tw
hold their °ee for th'e Mime iespectively specified,'
only on the condition-that they so long behave theirf..
selves well ; .- and - shall bb removed oh conviction of
misbehaviour in office or of any infamous crime.] _
Section - X. [Any.person who shall; after the atkop - -
tlen.of . tlie.,atnendments.proposed •bs , title Convention,
to the ConSlitUtion, fighta - duel or bend a 'challenge for
that 'purpose - , or be aider or abettor in lighting , a duel;
shill be deprived of the right of-holding any office
,of
honor or Profit" in this State, 'anrd shapes punished
oillervviso in such nsanner_asitt,_outtaY
by la%v; but the executive titayremit the said offence.
and till its tlisqualificitions.] - -
ARTICCE.
Section legislatue ..as soon Con=
veniently may be,
„provide
,by law,for the, establish=
ment of Schools throughout the State, in Mich diandor
that tile poatirimay - be taught-gratis.
- Section 11. - The arts and - sciences shall be promoted
in one or more seminaries of learning.
_Sec The lipid's Privileges immunities and
. 9 ---
eitates of :religious &moieties:and corporate bodiea,
shall iemain as.if the colistitittibit - of.thiiState - had - tiot
been, altered or amended.
Section IV. [Tie legislature Shall not invent any
corporate bod - r Individuals with the privilege.=of
taking prlVate pro ertyjor publib use, without iequir
ing such corporation or individual to, make compensa
tion. hi the owners of said property, or give adequat e
securiy therefor, before such property titian lib taken.)
- ATITICLE VIII.
Memberi of the General Assetnbly- v and alt 73facerit,
executive and judicial, shall-be bound by-oatli or af
firmation, to support the constitution of this Common
wealth, and to perform the duties of their respective
- Offices with fidelity:
---- "l`haOtirgenetal - grazti - ari - d - essential - ?titiciiilics - ot
liberAy and No governmeiff-ibiYl;-6-16tiipis-ed-and
unalterably established, WE - DECLARE,. THAT
-Section 1. All men are born equally free: and inde
pendeet, and' have certain inherent and indefeasible
rights,. among Mitch are those of enjoying and de
fending life ; and potties:nog and
protecting' property and reputation, and of
,pursuing
their own
-happiness. ,
Section 11. All_power is inherent in the pbople, and
ilLtlik_gov_ernments_ariqoundedlon.:_theit=authorityi
and instituted for their peace, safety and happiness;
For
.the-advaltbeinent of these ends, -they-•have,!at all
times; an unalienaLle and indefeasible' ilght to alter; it.
form or abOlish their government, in such manner as
they may think prnper.
,Se'ction 111. All men hate a natural and Indefeasible
right to Wombip Mt - nighty Hod, according to the die
tates of their own consciences; no man can, of right, be
licoMpelled to attend, erect, ot.sapport any place bf
-worship,or-to-maintainany- m inistry-against-- his -con;
Bent; no human authority can, in any case whatever,
control or interfere With the rights of censeiencet and
no prefe;renee shall ever be';givett; by raw, to any re
ligious.establishments or modes of woishiir. •
Section iv. No pers'on who acknowledges th'e being
of a God and a figure slate of remark's and_punish
-
Men% shall on account of his religions sentiments be
disqualified to hold any office or place of trust or profit
under this Commonwealth.
Sectioh
_V.
.Elections shall be free and equal.
Section Vi. Trial by pry shall - be - as'heretofore, 4 ln4.
the right thereof remain' inviolate. • .
Seciion VII. The printing presses shall be free to
every peraon wito undertakes to examine the proceed.
ings of the legislature, or any branch of government:
And no law shall ever be made to restrain•the right theree
of. Theiree communicatiudv of thoughts and opinions
is one the invaluable rights-of man ; and every oil
.zen may freely speak, write and print on any subject,
being responsible for the abuse of that liberty. In
proseclitions for the publication of papers investigating
the oQicial conduct of 'officers; or men in public capac
ity, or where the matter , published-is proper for public
information, the truth thereof may be'given in evidence:
had tirall indictments - for libels the-jury-ekall-have-a
right, to determine the law and the facla, under the di- -
rection of the court, 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' do warrant to
rte ' any' place, or to' seize any pedon or things, , shall
issue, 'tkout4leseribing thou as nearly _ as may .• be,
nor:with° tro hie tabs° Supported by oath Oraffirma
loin. •
PeedOn,lX—.ln_ all:eriminalpreseentions, the accus
ed-bath. a right to be heard byhirnself and . his counsel,
to the:nature and cause of
. the:' a ccusation, a
tainst to meet the-witnesses fce to face , have
compulsory process ., for obtaining.Avitnesses in his' fa
vour, aufl,•in prosecutions by . intlict6Mut or information;
a speedy:public: trial, -by \ an iMpartial jury of the vi-,
cinagei he cannot be Compelled togivotVidencetigeinst,
himself, nor. can he be, deprived 'of his lifeOilierty, or
propertY,. , unless by the judgment of his goers or the
law of - the laud. • • .
,tieciien X. No person for any, hicliclage of
.4ciiei ho preeeedeA ag,aint;reriiiiinally - by, ififorrnatieii,
except ifi cases arming In tbeiland - 7oiriaval, forces, or,
initiiia -.when in-actual ervice ui time ••
of ivar
or public danger, or by leave of the court, for oppres
sion and : misdemeanour in of f ice. No person shall, for
the same offence, be tiwce put in jeopardy of life or
limb; nor shall any man 3 e property be taken or applied
to.publiis use, without the' consent of his representa
tives; and. Without just eorripensatiCit being made.
Section XI., All •ctilitta be •opett, every
man for an injury'done. him in his lands; geode; per
,/
son'ot• reputation nhall 114,10 rettiedtby the Co. *AM
of law,,and right and justice-adiniriisterod, witliolit
sale,*denlitl dela l y. 'Suite why broughl."-againat
the cortnnotitVea t n buc k yoanne.h
; in. such courts,
and In Ouch da,ns an tholaiielature may lavvdireCt;
9ectidn,,l4l. g , • No power of ebapedilingNetivb Obeli
be etereiseic - uniiii by the ligialature;`or its,
Section.Xlll: • Exceitsive bail shall not be re(intied,
nor excessive floes impose 4 not erliel,Tunislntiente in;
dieted. iL.•
•iiitioit kik. All priaoher shall be.ig y f
u -
allable b' o •
~
~
ficient,sure(ies, unfesti for :capital offeneek .when the
proof Is evident or presumption great; add the piivilbie
of the writ or, habeas 'corpus shall not, he sUspeiied,
'Allege when; in eases of rebellion or invasion, the pub
lic safety ritair,retiiiire it:
Section-iiV. •fsio' emiittilsalch of bye app! terminer
or gaol deliverY shall-besieseed. „: - ..
Section XVI: The persoii of a (later, Where there-is 1
nOtSStrong prbautriptiOn of fraud, Shall not be continu
ed i'n,prisciiii after delivering tip his estate for toe ben;
eilt of hia - cradltorsi in Ditch manner :as shall be' pm!'
scribed bY laW.' : '•• . • ' . • , .
• Section XVI. kclix-posr-facto. latvoior latv
impaiting 'contracts 'shall be
.mittle. •..
gectioll XVIII. No -Person thall"be ettalnlod of
Onion or felony, by the legialature.
TSeetlon XIX. No hitaltider-zhall - i , orlt corrnptiOn„Sot
Woed, nor except during the life •of the &fender, .fir
feiture of estate to tho - CoiiinionWealth ; the estate of
such peilons-aa 'shall destroy iber, ewn lives , shall de- -
sbend vest : as in
.ca4e . naitiral (Math; and if any
person shall be killed by casualty, there. Shall be• no
ferfeiture by 'reason thereof:
SectioP XX the Cltiietit; haVe. a right, Ina pea-.
Ceablei mannor,,te assemble together, for their corn
cape good, and to apply to those 19vested with the
powers 'of government •for redress of grietancee,-ei
other properpurpotes; by petition, Odress'or remon
atrance.. •
Section XXI. The right of citizens to beat arms,
in defence of themselves end the State; shall not be
quelftioned..- _
peace, be kept up-without the consent of the legisla
iffre;.artil cases, arid . at, all
aims, twin strict euborclinatibri to the Oa POttreri • .
Section XXIII.. No soldier shall, in time of peace,
be quartered in-anY hotise -witho'ut the eonsent'of-the
ownbt,•nor in time-oP tear; but in a. minter to be pre: ,
scrilied"by raw. • • .
. Section .X.XIV. The legislature shall not grant any
title.uf nobility of hereditary distinction, nor . Create
any .office -the appointment to which shall be feta len . :
ger tertnthau during - good bei;aviour. -
jC.XV; . Emigration .from the State - shall
not be prohibited;
- Section XXVI. To- junta against transgressions of
.the-high-powers_whicli_we_bave_delegated,AVE_bEr ,
CLARE, that everything in this article iii-eicekted
out of the general powera of government, and shall
for ever - terrain 1111;qt:duet
ARTICLE X.
amendmela or amendments to this Constitution
May be proposed in the Senate or House of Represen
tatives, and if the seme,shall be agreed to by a majori
ty of the members ellicted.to each House, such prepo
sedirriendment opaniendfnents shall be entered on their
journals, With de yeas andoays taken thereon, and the
Secretary-of-I he-C om mo n weal it-shall-cause-the -same
-to-be published_threa_monilts_before_the,,nexf_eleetioe,
Inat-least-onenewspaper-,in-every--countyLitr-which-a
newspaper sltall.be published.; and if in the legislature
nest-afterwards chosen such proposed amendment or
amendments shall be- agreed to by a majority of the
members elected to each , house, the Secretary of the
Commonwealth shall cause the same again-to be pub
lished in manner aforesaid, and such proposed amend
ment, or afuendments shall be submitted to the people
in such manner and at such time, at least three mounts,
after being so agreed to by the two houses as the legis
latureshall preseribet and if the people shall approve
and ratify Such amendthent or amendments by a makri
iy of the qualified votersOf this State voting thereon,
such amendment or amendments sfialrbecome a part
Of the constitution; but nn amendment or amendments
shall be, submitted to the people oftener than once in
,Ave years; _Provided, that if more than One amend
ment be submitted, they shall be submitted in such man
ner and form, that the people may vote for or against
each atuendinent . separatelY and itistinctly.)
SCHEDULE.
, That rio-inconvertionceirMy'arise from the alterations
and amendments, in the - Constitution of thia Commori 7
wealth, and in ordei to earl the aame into-complete
operation, it is herehy declared and ordained, That
_Bection:L.llll_lasye_of_thittscatuton.weelthiefiktltilki
the time when the said alterations and 'aroVments in
the said constitution shall take effect, and not inconsis
tent therewith, . and„all 'rights, actione,.-protectitionei
claims and contractt%aa welt of indtalduals as bodies env
orate, shall diritintie—its-if-the said- alteizitlent and
mapdrnente had not beCit fiiailc.
Section 11. •The alterations andiliiikiliments in the
said constitution -shall take cited from the first Amy of
January, eighteen huridred and thirty-nine.
Section 111. The clauses, sections and 4rticles 'of
the said constitution, which- remain unaltered, shall con
tinue to be construed-and haye,effect- as the said con
stitution had not been -amended.
49ection'IV. The General Assembly which shall con
vene in December, .eighteen hundred and thirty-eight,
ohs!l continuo its session, as heretofore, notwithstanding
the piovislon in the eleventh section of the firin;,sitiele,
find shall at all times be regarded'as.'the Opt . General
Asseinbliunder the amended constitution. .,
Sect:en V.- The Governor_who_ahall_he_elected T in
October eighteen, hundred - and thirty eight, shall be in
augurated on the third Tuesilay in January; eighteen
hundred and thirtpnine, to 'which time the present exe
cutive term is hereby extended.
Section VI.. The coninikaions of. the Judges of the
Supreme Court, who may ho in . offici3 on the first day of
January next shall expite in the following inand'er
Thacoriamission which hears the wriest date shall expire:
on the first day of January, Anna, Domini olettimtiarul..
night hundred and-forty-two.; the commission- next dated
shall expire on the first day- , of January; Anne Domini,
uneihousand eight hundred and forty-five; the coMmis-
Dion next dated shall expire on the first day . of January.
intio Voroini,onti thOusand eight hundred and forty-eight;
the commission .neit dated shall expire on the first day
of January Anno Daulini, one thousand eight hundred
and fiftponevand thricommiSsicai last dint@ 'shall eipire
on Alio first day of 'Jinitary,Anno.Dornini one thousand
eight - I:dared anit.-and-fitlyofour.
Section VII. The comtniasions of the President judg
es of the several judical diStrictstnid of the associate law
judges -of the-first judicardlstrict shall expiie.as felloWs :
The' coin Inisaio . ns of , one halt of. those who shall have
held their eifice...Jen y'ears or more at , , the 'adoption of
the d
aincunienti to the constitn'hllxpire the
utio, sa .e
. • • •
tw only- severith-day' of rebr tiary one thousand eight ban.;
nail
dred''and thirty-nine; the commissions of the othei half
or anise who shall have held their offices "ten yerini .ot
more at the adoption of the amendments to the constitui •
tiori, Shall expire on the tweitti-seventh day of February
one thousand eight hundred end 'forty-two ; the first, half
td eltibracethose whose commissions shall bear the old ,
eat date. The eedlinissione of all the remaining judges •
who shall not have held their offices for ten years at the
adoption or the athendmehts to the conitltinion shall,ex
irki.on-Hre 0.0 1 ty-psvv.fith-dpr uf-FelituarrnerWefter — . - ,
,thb end.of trill years from the date of. their cOmtnissidna.
tiVttion TILL The Recorders of the seVerel Mayor'l
C`Ourik - end Other criminal consult . ) this. Comnienwealth,
shall be dppotnted for the.aamo time, end - in:the .saati
.thtintibi, it the - pi . eaident judges of 'the setterailudlcal
dirtrictd riff ihnsb - n - o* - iii - office, - the eomiiiiiihaTli ;
ih data shuil expire on the`tiventy-seventh day 111Teb:
ruary one th - Onsand eight hundred end forty-one, and'the • ,
otherS • every two years thereafter aCeottlingid their la.
spectlVa dales: , Those °Weld in date.'eipiritig
Section iii : " The legbilature at its firptsessindunder
Hie amended divide the . Other associate
judges bf the State into, font The cfinitnitisions
of those of the •first class ehoil expire birth° twenty.
et.vrinth day Pebibery; eighteen hundred slid forty -1 , of
thbse ell the . second chars on; the twenty-seventle day of
Febivary eighteen hundred and- forty-one 1. of , those .of •
the third clefs on the- twenty-saventit day of rebruary --
eighteen hundred and - lefty-two; and of those of the fourth .
class On the twenty'-seventh- day, of February eighteen '
hundred 'and foily-three. tit°, said
,chisseefroin the,first
to the fourth shall be arranged according to the seniori- ,
ty of the ednitiliseldni Of the several judges.
. Secticin X. `iiibilionotariers, clerks of the several
court; (eicepiof the Supreme reebrdefs of Aleede - - -
snd registers Of wills, Shall be fiiet elected tinder the a- •
mended Constitution-, at the 'election of teinesentatives in
the year, inkliteen hubilied dud thirty-n4On such man- ,••
her aft dilly be pres -- ittilre - d by lair..:. •
, Section,kt. The, appointing piferet, shall remain as
hetotofore,and . all officers in rho appointment of the , ex.. •
ecutive.depnrtment shall Continue In the exercise of the
dutiei of their- respective ciffiees until the legislature
shall piss bail ' !Snit as triay.he required by the '
Lion of the sixth article of the amended - constitution, and
until appointittent's shall tie made under.such laws; un
less their criiiiiiiissione Shall be superseded by new apn_
pointmenis, or shall Stoner expire by their own limits
den., or the said:" offices shall becothe vacant by death or
resignailed, end inch lima._ shall lielenaited by__the„firet. -
legislature under the amended constitution.
Section, XII. The filet election for aldermen and jut'.
ties' of the peace shall be held in the year eighteen bun.
dred and forty, - at the time fixed for, the , election of con.,
'tables. The legislature at its 'first session under the
amended'constittom shall - pravide — fortise - tald ideation
andforsubsequent similartlections... The aldermen and
justices--ortho-peate-now-in-commisideni_or_wheintay ht.
thii Iftletim bo'appointed, shall..continue to discharge .the
duties - of tle 4 r tespective offices. until fifteen , day! after
the
_day which shall he fixed by_ law for the issuing of
new commiasfons, at the eipiration of winch time, their ,
commissions shallxxpire.
In testimony that the foregoing is the .amended
tution of Pentisyyunia, as agreed to in convention,.,
We-the-officers-- and- tnembers tbe-Converition
• Int've hi: Marto signed our names at Philadelphia,
• the iwonty.second day ofsPebibary, Anne tlornini
one thousand eight hundred and thirty-eight r and
• of the Independence of the United Stiatel of A
- minim' the siity-second:-
_
_JOH,N SERGEANT) President.in,
Daniel Agnew, George chamhers,
Wm. Ayres, '. John Chandler,
M.' W. Bald Win, • Jos.. RI Chandler,
Ephraim Banks, Ch. Chauncey;
John Barclay, - Nathaniel Clapp, . •
Japobliarndolar, James Clarke; J
Chas. A. Barnitz, john Clarke,
Andrew Pedfordi Wllilani Mike,
Thos S. hell, - J. Cline,
lamed Connell Riddle, • Lindley C'oates,
-Lebheue
Sarni. C. - tog.
Chia.
•
Jeremiah Brown; Walter Craig,-.
William. Brown, Richd. M. Crain,
Pierce Butler, .Geo. T. Crawford,
Samuel Carey; Cornelius Crum, •
John Cummin, Benjn. Martin, •
Thomas S. Cunningham, John . J. •M'Cahen,
William Cutil, - . E. T. M'PoWell,
'Wm. Partinglon,____ Itimes-W-Sherry,
Mark Darrell) , M.Meredith, '
Harmer Denny, . ' James Merrill, :
JOhnThickey,
Joshua Dickerson, Wm. L.' Miller,"
Jacob -4 0- James Montgomery,
Jas. Ronagan, Christian Meyers,
J. lefilefinell, , • D. Nevin,
Joseph M. Doran, ' -Wm.' Overfield,
James Donlop, Hiram Payne,
Thomas Earle, , Matthias' Penn,
D. M. Farrelly, James Porter, ' •
Robt. James Mudisori sPorter,
Walter FOrtitard, Saml. A. purviace,
John Fonlkrud, ' E. O. Reigart,
Joseph Fty, Jr. A. H. Read, , • •
Johnller, - " Geo. W_Ritei
WilHaar Gearhart, z .11,. Gould Rogers,.- .
David Gihnore, Samuel Royer,
Virgil 4~renell, James M. Russell,
William L. Harris,' • Daniel Saeger, '
Thomai Hastings,' John Moriu Soott a '.
Ezra S. Hayhurst, Tobias Sellers,
"W m. Hays, G'. Saltier,
Helffeastein, Geo. .
M. Henderson, Henry &hear:, -
Wm. Hedderson, George Shilleto,
Wm. Mister, ThomasH. Sill
William High, Geo. Smith,
Joe. Hopkinion, Win.Emyth, ""
John Hoopt, jiseph Sniv
Jabez Hyde, ' Jno. B. Ste ger,
Charles Jared Ingeteoll, Jacob Stickel,
Phe. Jenks, - Ebenezer W. Sturdevant,
George - M. Kolar, Thamas,Triggart;
Jars Keekedy, • MorganJ. Viola* •
Aaron Keri, „ James Todd, •
Konigmacher, Thomair Weaver,
Jacob Krebs, Jacob B. Weidman,
H. G. Long, R. G. White, 'T
David Lyons, Geo. W. Woodward,
Alex. Magee, . R. Young.
Joel K. ' • '
treat,) S. Stroca. Secretary..
G. L. Fstiss, ) Ass istant .
LL
• J.. Wltsms,S
-SECRETARY'S OFFICE,
HARRISBIntift FEIRUARY
I certify diet the'teregcting is air exact , and literal
copy of “the _Constitation the. Commonwealth of
Pennsylvania as amended by:the. Convention of 'one
thousand' eight hundred and thirty-seven-Airitty.43ight,”
deposited in this Office on ther 266 - day, otFelitatiri;
18118;the amendments being in tiind brackets, and
the retained por t ion - of the presenr,;Corratiiirl4'in
manleiter.
TriO. Ir. nutlltto*Os..
jl
eey of tllO 000 .
Mprch,.l9th,`l.6:B,--,16.E
EEII
uz:...,,: