ADVERTISEMENTS
THE CONSTITUTION
Commonwealth of Pennsylvania
As amended by the Convention of one thousand
eight hundred and thirty-seven—thirty•eight.
(0 - - Amend/nods ii bradats, llins [
WE, the People of the Commonwealth of
Pennsylvania, Ordain and establish this Constitti
tion for its Government.
ARTICLE I.
Sccf. I. The Legislative power of this Common
wealth shall be vested in a General Assembly,
which shall consist of a Senate and Houso of Rel.-
rescntatives.
Sec. 11. The Representatives shall be chosen an
nually by the citizens of the city of Philadelphia
and of each county respectively, on the second
Tuesday of October.
Sec. 111. No person shall be a Representative
who shall not 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 [district]
in (and for] which he shall be chosen La Represen
tative,] unless he shall have been absent on the pulr
lic business of the United States or of this state.
Scc. IV. Within three years after the first meet
ing of the General Assembly, and within every
sub4equent term of seven years,an ellintletallort 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 cowl:les, according to the number
-trf.taxable inhabitants in each. - And shall never be
less than sixty nor greater than one hundred. Each
county shall have at least one Representative, but
no county hereafter erected shall be entitled to a
separate representation until a sufficient number
of taxable inhabitants shall be contained within it,
to entitle them to ono Representative, agreeably to
the ratio which shall then be established.
Sec. V. The Senators shall be chosen fir (three]
years by the citizens of Philadelphia and of the
several counties lit the same time,in the same man•
nor, and at the same places where they shall vote
for Representatives.
See. VI. The number of Senators shall at the
several periods of making the enumeration before
mentioned, be fixed by the Legislaturo,and appor-
tioned among the districts formed as hereinafter di
rected, according to the number of taxable inhabi
tants in each; and shall never be less than one
forth nor greater than one third, of the number of
Representatives.
Sec. VII. The Senators shall ho chosen in dis
tricts, to be formed by the Legislature; [but no dis
trict shall be so formed as to entitle it to elect more
than two Senators, unless the number of taxable
inhabitants in any city or county shall,at any time,
be such as to entitle it to elect more than two, but
no city orcounty shall be entitled to elect more than
four Senators;] when a district shall be composed
of two or more counties, they shall be adjoining;
neither the city of Philadelphia nor any county '
shall be divided in forming a district.
Sec. VIII. No person shall be a Senator who
shall not have attained the age of twenty live years
and have been a citizen and inhabitant of the State
four years next before his electiomand the last year
thereof nn inhabitant of the district for which he
shall be chosen, unless ho shall have been absent
on the public business of the United States or of
this State; [and no person elected as aforesaid shall
hold said office after he shall have removed from
such district.]
Sec. IX. (The Senators who may be elected at
the first General Election after the adoption of the
amendments to the Constitution,sholl be divided by
lot into three classes. The soots of the Senators of
the first class shall be vacated at the expiration of
the first year; of the second class at the expiration
of the second year; and of the third class at the ex
piration of the third year; so that thereafter one-
third of the whole number of Senators may be elm
scn every year. The Senators elected before the
amendments to the Constitution 5111,11 be adopted
shall hold their offices during the terms for which
they shall respectively have been elected.]
..S7cc. X. The General Assembly shall meet on the
first Tuesd?) , of [January,] in every year, unless
sooner convened by the Governor.
Sec. XI. Each House shall choose its Speaker
and other olliceri; and the Senate shall also choose
a Speaker pro tempore, when the Speaker shall
exercise the office of Governor.
XII. Each house shall judge of the
quali
fications of its tnemberm. Contested cluctions shall
be determined by a committee to be selected,form
ed and regulated in such Manner aK shall be direct.
ed by law. A majority of each House shall can
stitute a quorum to do .. h
usmcs3; but a small flUIll•
bar may adjourn from day to day, and may be au
thorized by law to compel the attendance of absent
members, in such manner and under such penal-
ties as may be provided.
Sec. XIII. Each House may determine the rules
of its proceedings,punish its members for disorder
ly behaviour, and with the concurrence of two
thirds, expel a member, but not a a c cu d time for
the same cause; and shall have nll other powers
necessary for a branch of tho Legislature of a free
Sec. XI V. [The Legislature shall not have pow
er to enact laws annulling the contract of marriage
in any case where, by law, the courts of this con
monwealth arc, or hereafter may be, empowered
to decree a divorce.]
See, XV. Each House shall keep a journal of its
roceodings, and publish them weekly,except such
parts as may require secrecy: and the yeas and
nays of the members on any questioryshall, at the
desire of any two of them, be entered on the jour.
nals.
Sec. XVI. The doors of each House and of
Committees of the Whole shall be open, unless
when the business shall Le such as ought to ha kept
Sec.XVII, NcitherHousestiall,without the con
sent of the other,adjourn for mote then three clays,
nor to any other place than that in which the two
houses shall be sitting.
See. XVIII. The Senators end Representatives
shall receive a canipeneation for their services to
be ascertained by law, and paid out of the treasury
of tho Commonwealo. They shall in ail cases,
except treason, felony and breach or surety of the
peace, bo'privileged from arrest during their atten
dance at the session of their respective lleuses,and .
in going to end returning from the same. And
for any speech or dehate'in either House they shall
not ho questioned in any other place.
Ste. XIX. No Senator or Pevresentative
during the.time for which he shall have been elect
ed, be appointed to any civil office tinder this Corn
itonwealth which shall have been created, or the
imatutnents of which shall bavo been increased du
*l 840 time; and no rneinher of Congress or oth
ip pow= la olaiflw any ollice.(except of :Mornay at
OF TILE
law and in tho militia) under the United States of
thin Commonwealth, shall be a member of either
House during his continuance in Congress or in
office.
See. XX. When vacancies happen in either
House the Speaker shall issue writs of election to
fill such vacancies.
Sec. XXI. All bills for raising revenue shall
originate in the House of Representatives, but the
Senate may propose amendments as in other bills.
Scc. XXII. No money shall be drawn from the
treasury but in consequence of appropriations made
by law.
Sec. XXIII. Every bill which shall have passed
both Houses than be presented to the Governor.
Him approve Ile shall sign it, but if he shall not
approve it he shall return it with his objections to
the House in which it shall have originated, who
shall enter the objections at large upon their jour
nals and proceed to reconsider it. Kafter such re
consideration two-thirds of that House shalt agree
to pass the bill, it shall he sent with the objections
to the other Ilouse, by which likewise it shall be
reconstdered,and if approved by two•thirds of that
House, it shall be n law. But in such cases the
'votes of both Houses shall be determined by yeas
and nays,and the names of the persons voting for
or against the billothall be entered on the journals
of each House respectively. If in.y bill shall not
be returned by the Governor within ten days (Sun
d.lys excepted) after it shall have been presented
to hint, it shall be a law in like manner as if he
had signed it unless the General Assein , ly, by
their adjourn nett, prevented its return, in which
case it shall be a Ihm,unless sent back within three
days after their next meeting.
Sc!. XXIV. Evcry order, resolution or vote to
which the concurrence of both Houses may be ne
cessary (except on a question of adjournment)
shall be presented to the Governor, anti before it !.
shall take cliect, be approved by him,or being dis
approved, shall be repassed bit two-thirds of both I .
houses, according to the rules and limitations pre- !
scribed in case of a bill.
Sect. XXV V. [No corporate hotly shall be here-
after eratvd,renewed or extended with banking, or
discounting privileges,without six months previous
public notice of the application for the same in such
manner as shall be prescribed by law. Nor shall
any charter for the purposes aforesaid, be granted
for a longer period than twenty years, and every
such charter shill contain t 1 clause reserving to the
legislature the power to alter, revoke or annul the
same, whenever in their opinion it may be injuri
ous to the citizens of the commonwealth, in such
manner, however,that no injustice shall be done to
the corporators. No law hereafter enacted, shall
create, renew, or extend the charter of more than
one corporation.]
A RUC LE 11.
Scd. I. The Supreme Executive power of this
Commonwealth shall be vested in a Governor.
Sect. 11. The Governor shill be chosen on the
second Tuesday of October, by the citizens of the
commonwealth. at the places where they shall re
spectively vote for representatives The returns of
every election for Governor shall be scaled up and
transmitted to the seat of government, directed to
the Speaker of the Senatc,who shall open and pub
lish them in the presence of the members of both
houses of the legislature. The person having the
' highest number of votes shall be governor. But if
two or more shall be equal arid highest in votes one
of them shall be chosen governor by the joint vote
of
the members of both houses. Contested elections
shall be determined by a committee to be selected
from both houses of the Icgistature,snd formed and
regulated in such manlier as shall be directed by law
Seci. M. The governor shall hold his office dur
ing three years from the third Tuesday of [January]
next ensuing his election,and slut!l not he capable of
holding it longer than [6] in any term of [9] years.
Sect. IV. lie 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; unless
Ito shall have been abseht on the public business
of the United States, or of this State.
Svc,. V. No member of Congrtisa nr person hol
ding any office under the Unitid•StAtes or this
State Ann exercise the °like of Governor.
Sect. VI. The Governor shall at stated times
receive for his Eervices,a compensation,which shall
ho neither increased nor diminished during the
period for which he shall have :wen elected.
&et. VII. lie shall he commander-in-chief of
the army and navy of thin commonwealth, and of
the militia except when they shall be called into
the actual service of the United States.
Sect. VIII. [lle shall appoint a Secretary of
Commonwealth during pleasure,and he shall nom
inate a7,kl by and with the advice and consent of the
Senate appoint all judicial officers of courts of re-
cord, unless otherwise provided for in this consti
tution. lie 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:l Pro
vided, [That in acting on executive nominations
he senate shall sit with open doors, and in con-
firming or rojtvting tho nominations of the Cover-
nor, the vote shall bo taken by yeas and nays.]
Scd. IX. Ho shall have power to remit tines
and forfeitures, and grant reprieves and pardons,
except in cases of impeachment.
Sect. X. He may require information in writing
from the officers in tho executive department, on
nny subject relaung to the duties of their respcc-
ivo offices.
Sect. XI. Ho shall from time to time, give to the
;eneral assembly information of the state of the
commentvealth,and recommend to their considera
tion such measures as he shall judge expedient.
Sect. XII. Ho may on extraordinary occasions,
convene the general assembly.; and in case of dia
,,greetnent between the . two heusee,with respect to
the time of adjourunient,adjourn them to such time
is he shall think proper,not exceeding (our months.
&ei. XIII. He shall take care that the lows ho
faithfully executed.
&cf. XIV. In case of the death or resignation of
the Governor,or his removal from office,the Speak
er of the senate shall exercise the office of govern
or until another governor shall be duly qualified;
[but in such case another governor shall be chosen
at the next annual election of representatives, un
less such death, resignation or removal shall occur
within three calendar months immediately preced
ing such next annual election, in which case a
governor shrill be chosen at the second succeeding
annual election of Representatives.] And if the trial
of a contested election shall continue longer than
until [the third Monday of .lainiary] next ensuing
the election of governor, the governor of the last
year, or the speaker of the senate who may be in
the exercise of the executive authority, shall con-
inue therein until the determinntion of such con-
tested election, and until a governor shall he [duly]
qualified as aforesaid.
Sect. XV . [The secretary of the commonwealth;
shall keep a fair register of all the official acts and
proceedings of the governor,and shall,a hen requir-
cd, lay the same and all papers,minutes and vouch-
ers relativo thereto before either branch of the le-
gisliture, and shall perform such other duties as
shall he enjoined him by lave.
ARTICLE 111.
Serf. I. [ln elections by the cibizens,every lodine
freeman of the age of twenty-one years, having re-
sided in this state ore year.aral in the election
dir
trict where he offers to vote. tea days ird=.edistely
preceding such election,and within twoyears paid
I a State or county taz,which shall have been at,ses
sell st least ten days before the election, shall enjoy
the rigLts of an elector. But a citizen of the Ir
4tates, who hail previously been a qualifed voter
of this !...Itxte.ar:3 rem.siard therefrom and rcturried.
and who shall have resided in the election distrit
and paid taxes as afores , sid,ssEail be to ustr
after residing in the state =ix Provided.
[That white freemen, citigets of the U.:gates. be
tween the ages of 21 and 2t yeara-, and having re.
;Lied in the state one year, and in the eitctioL
district ten dace be ebiCed t
vote, although thiy shall riot bare pia taimj
11. Ail elections shall be by balLyt. except
those by persons in their repiesentative capacities,
who shall vote viva soce_
.c:cf. 111. Vectors shall in all cases.except trea
son. felony and breach cf surety of the peace. be
prieilegi-J from arrest IY.t.rizlg their atzemiamee on
elections and in g.int; to and retamirm from them.
ARTICLE Ir.
See!. I. The ilomie of i.e; re.i+ murices, shon L • n e
the wde power eS impeaching:.
5.,/. 11. A , I it.ilwachatet.r,..hajl 6c !flbr it.,
Senate. W!Aeri 41i1111,7, 1.7 e./a priri.....e,the
turf, shat! IN: upon oath or atrirroation. No p^ ron
shall be comdcted,without tLe concurrence of two
third4 of the mern!..-rr
S.et. 111. The Goxernor and all OeICT offi
cers. under this eoinui•risssaith, sh.sll he liable to
impeachment for sny muiemie:nor in office; bet
jflvi:cnt, in such shall not extend further
than to removal from • trice. arid disinahiac-atiozi to
hold any olhee of hanor. tn..% or loofa uhshr this
romrnmswealtli: the 'sixty. ulo.ther cut.orictea or
acquitted, shall. nesertheless, be liable to indict
ment, triil, judgmelit and istihiAment, accerding
to law.
A IZTICLI:
Serf. i. The judicial p :wee of tr.i3
wealth s hall be vested iu a imprimie cmrt, in courts
of oy - er and terminer and ger,eral jail delivery - . in a
court of common plea-v. cirid_ans - court. regiAcre
court, and a court of quarter ize...4iona of the peace,
for each county-, in ju=tri-eii of the race. and in
qiirls other court.: 3-4 the le4iLlamre may- from time
to time estat.h4h.
Sect. 11. LThe judges of the •stapreme court, of
the several courts of common ideas ar i d of s uc h
other courts of record as are or Shall tc e.4.61.11.41tvi
by have, shall be nominated by the governor, and
by and with the censer,' of the 'Senate appointed
and commissioned by him. The ju.'ges of the su- .
prone court shall hold their cakes far the term of
fifteen yeansif they shall solace behave the-m-41v ea
well. The president judges of the several courts
of common pleas,and of such other courts of record
a 4 are or shall be established be law, and all other
judges required to be learned in the law,shall bold
their offices for the term of ten years, if they shall t !
so long behave themselves well The associate
judges of the courts of common pleas shall hold
their offices for the term of Eve years. if 1 , ),, v shat
..0 long behave thenls..ives v-rib. R,.t f..r sue no-a
s.mable Ca , SFe,v,liich shall not he siut7eim:
of imi.eachtnent, the carrier ma y - rvm c any
o f t h em ~rl . the addre-s two-tfards ofeach fracch ,
of tho feel-late:re_ The ;rinses of the set rvII/C
Colin, and the presidents of the several c.urts of
common pleas, shall at stated times receive for
their services an adequate cotnEensatitin to be fixed
by law, which shall n ot b e di nur .i.,b el l d ur i ng their
continuance in ether; but thee shall receive nu
fees or perquisites of °ill -e, nor held any other
I office of profit under this Cemmenwealth..l,
Sec. 111. [Unit! otherwise directed by law, the
courts of common pleas shall continue as at pre.s
ent eatahlished. Not more than five counties shall
at any time be inritr.led in one ju.!icia: ~.?i,-trict or
ganized for said courts.]
Sec. IV. The juri-diction cf the serp-rerrie court
shall extend over the Sn_ate, and the:Pr.:zest] ercof
shall, by virtue of their (tikes, be Justin -es (lover
and terminer and g,enerral dchvery , in the sever
al counties.
Sec. V. The judges of the court of common
pleas. in each county, shall. be virtue ef their offi
ces, be justices of °yet. and terminer ar.d general
jail delivery, for the trial of capital ace other offen
ders therein; any two of said judges, the president
lining one, shall be a quorum; but they shall not
hold a court of over and terfniner, er delivery,
in any county, when the jefleys of the supreme
court, or :Inv of :hem shall be sittinz in the same
county. The party 3C0.1-'424 as well as the Com
monwealth, may, under such regulations as shall
be prescribed by law, remove the indictment and
proceedings, or a transcript thereof, into the su
preme court.
Sec. VI. The supreme court, and the several
courts of common pleas, shall, heside the powers
heretofore usually exercised by theirt.have the pow
ers of a court of chancery, so far as relates to the
perpetuating of testifllony.the obtaining of evidence
from places not within the State, and the care of
the persons and estates of those who are nun com
potes mentis. And the Lezislature shall vest in
the said counts such other powers to grant relief in
equity, as shall be found necessary; and may, from
time to time, enlarge or diminish theme powers or
vest them in such other courts as they shall judge
proper, for the due administration ofje.fice.
Sec. VII- The judges of the court of common
pleas of each county, any two of whom shall be a
quorumnshall compose the court of quarter sessions
of the peace, and orphans court thereof; and the
register of wills- together with the said judges, or
any two of them, shall compose the register's ce,urt
of each county.
See. VIII The julzes of the courts of common
pleas shall, within their respective counties, have
like powers with the judges of the swi ream court,
to issue writs of certionixi to the ju,tiers of the
peace,and to cause their proceedings to be brought
before them, awl the like right and j::::Aine to be
done.
Sec. IX. The pre- 'sident of the court in each cir
cuit within such circuit, ant the juthres of the
court of common pleas within their respective comi
ties, shall be justices of the peace, so far as relates
to criminal matters.
Sic. X. A rez,i-ter's orrice, fir the imlate of
wills and granting letters of alre.ini,notion,artil an
oilice far the recorling of de...nas, shail be kept in
each county.
Sfe. XI. The style cf shall be i2The 1 cation of thoughts and opinions is one of the in
Commonwealth of Penns . ..vicar:in.'" All prosecu- valuable rights of man; and every citizen nurl• free
s l yeuk,m, rite and print on any subject, being re
tions shall be carried on in the name and
icaisible for the abuse of that liberty In rowel'
authority of the Coirim.lntve.(lat of PenraFtivariia, liens f or th e publication of papers, investigating
and concluz!e u•agains:tie Fc.tec and ili,;Lity of the Om (Alicial conduct of ollicers, or men in a public
1 capacity, or where the matter published is proper
for public itithrmation, the truth tiler ear may lie
given in evidence; and,in all indictments for libels
the jury shall have a rt:,;ht to determine the law
and the facts, under the direction of the court, as
in other cases.
Sec. VIII. That the people shall be secure in
;11277C LF:
Std. I. Sheriff.; and coroners shall at the times
and places of elcnicn or:rpreseintativez.. fie chose n
by the citizens of each county. , [One perm shall
I be chosen for each office. who] shall be [commis_
sicned] by the Governor. They shall
offices for three years, if they shall so lot :ye
themselves well,and until a successor be diffitiail
ified; but no person shall be twice chosen o r ap
pointed Sheriff in any term of six years. y tlCep
cies in either of the said offices shall be lI lid by
[an] appointment, to be made by the Gover#, to
continue until the next general election, and Ontit
a successor shall be chosen and qualified as f► 84.
said.
c. Ti The freemen of this Comtnonw
shall be armed [organized] and disciplined f rite
defence, [when and in such manner a 3 may b
reeled by Those aho conscientiously sou le
to bear arias, shall not be compelled to do so, brit
shall pay an equivalent for personal service•
Sec. 111. [Prothonotaries of the supreme court
, hall be appointed by the said court fur the term of
three year,,if they so lung behave themselves
Prothonotaries and clerks of the several tfliet ;
courts, recorders of deeds, and registers of
,hall at the times and places of election of Itilipt•
sentatives, be elected by the qualified electors Of
• ach county or the districts over which
diction of said courts extends, and shall be coin-
rni , ‘Aoned by the Governor. They Shill! hold their
dikes for three years, if they shall so lung behave
themselves wcll,and until their successors shall be
duly qualified. The Legislature shall provide by
law the number of persons in each county who
shall hold said offices, and how m a ny an d which
of f.-3141 of shall be held by one person. Vu
cancies iu any of the said offices shall tie filled by
app-iiitinents to Le made by the tiovernor, to con
tinue until the next general election, mid until
successors shall be elected and qualified as
(Unell(red.)
Sec. IV. Protlionotaries,clerks of !lie peace and
orphans' Cl. 11 Ili:. recorlers of deeds, registers of
erli.„ and sheriffs, sh:,ll keep their offices in the
County town the county in which they, rek.pec
riveiv,shall ho officers, nele , s„ ehen the Governor
-hail, for special reasons, dispense therewith, for
any term not exceetlinki: tiCe years alter Ole Coun
ty shall have been erected.
S.C. V. All commissions shall be in the name
and by the authority of the Connommealth of
l'•-iinsy teams, and be sealed with the State seal,
and be signed by the Governor.
Stc VI. [A] State Treasurer shall be [elected]
annually, by joint vote of [both brunches oi the
Legisl.iture.]
Xec VII. [Justices of the poses, ur aldermen,
shall he elected in (lie several wards.boroughs,and
bon nshqb , , at the thee of the election of coil to
bles„by the qualified voters thereof, in such 111101
her as shall be deeded by law,and shall 60 eOlO.
missioneti by the Governor tar a term of lice years
But no toss riship,ward or borough shall elect more
than tea justices of the peace or alderown
out the consent at a majority of the qualified elec
i
tors within such township, ward or borough.]
Sfr. VIII. [All Mil. erS Whose election or ap.
pointment IS not provided tur in I is Constit
be elected or appointed as shall be ditected
by. law. Nu person shall be appointed to any °dice
4.vithin any comity, who shall not have been a
tizen and an inhabitant therein one „ear next be.
fore his appoint ment,if the county shall have been
so lung erected; but if it shun not have been so
long erected,then within the limits of tne county
or comities out of which it shall been taken. No
mw fiber et Congress front this State,or any person
holds, g or exercising any office or appniiitinent•of
llSt. or profit allder the U. 5t0108,90101,11t the SUMO
time, hold or exercise ally office in this State, to
which a salary is,or tees,or perquisites are by law
annexed: and the Legb:Lture way by law declare I
wchat abate ofiices are incompatible. No member
of the Sanailf fir of the House of •RePreserdaii,o,,
1.101 be appointed by the Governor to any office
during the term for which ho shall have been o.
lected.]
Sec. IX. [All officers for n term of years shall
hold their offices for the terms respectively aped
tied, only on the condition that they so lung be.
have themselves well; and shall be removed on
conviction of misbehavior in Off/ CO or of any intu.
mous mime.]
Set. X. [Any person wile shall, after the adop
tion t Ithe amendments proposed by this Conven
tion to the Constitution, fight a duel, or send a
challenge fdr that purpose, ur he eider or abettor
in iirzliting a duel, shall be deli iced of the right
of holding any Alice of honor or profit iii this State
and shall be punished utlieriA ise in such manner
as is.or may be prescribed by law; but the execu
tive may remit the said offence and all its disqual
ifications
_
ARTICLE VII.
Sec. I. The Legislature shalbas soon as cony°.
Lientiv may be. provide, by laiN, For the establish
ment ofschools throughout the State,in such limn
cer that the poor may be taught gratis.
Sec. 11. The arts and sciences shall be promo
ted in ono or inure seminaries of learning.
Sec. 111. The rights,privileges,immunities and
I estates of religious societies and corporate bodies
I shall remain as if the Constitution of this State
had not been altered or amended.
Sec. IV. [The Legislature shall not invest any
corporate body or individual with the privilege ul
taking private property lur public use,without ro•
quiring such corporation or individual to make
compebsation to the owners of said property, or
give adequate security therefor, before such pro.
petty shall be taken.]
ARTICLE VIII. (Unaltered.)
Members of the General Assembly and a ll D in_
cers,rxecutive and judicial,shall be bound by oath
or affirmation to support the Constitution of this
Conitnonwealth,and to perliirm the duties of their
respective offices with fidelity.
ARTICLE IX: (Unaltered.)
That the gonoruh,great and essential principles
of liberty and free government may ba recognised
and unalterably established, W E DECL ALi E:
Sec. I. That all men are born equally free and
independent,and have certain inherent and inde•
feasiile rights,aniong which are those of enjoying
and defending rife und liberty, of acquiring, pos
sessing and ptutecting property and reputation,
and of pursuing their own hamiiness.
See. 11. That all power 16 iidierent in the pen
ple„and all free governments are founded on their
authority,and instituted ibr their peace,salety,and,
happiness: For the advancement of those end .,
they have,at all timeson unalienable and indelca.
Bible right 40 alter,reform,or abolish their govern.
tuent,in such manner us they may think proper.
See. 111. That all men have a natural and inde
feasible right to worship Almighty God according'
to the dictates of their own consciences; that no
roan can, of right, be compelled to attend,erect,or
support any place of worship, or to imuniain any
ministry against his consent; that no human au.
thority can,in any case whatever,control or inter
fere with the rights of conscience; and that no prm
fenence shall ever bo given,by la %v,to any religious
establishmen.s or modes of worship.
Src. IV. That no person who acknowledges the
being ofd God and a future state of rewards and
punishments,shall,on account of his religious son.
timents,he disqualified to hold any otlico or place
of trust or profit under this Commonwealth.
Sec. V. That elections shall be free and equal.
Sec. VI. That trial by jury shall be as hereto.
fore, and the right there'd remain inviolate.
Sec VII, That the printing pr e sses shall ho free
to every person who undertakes to examine the
proceedings of the Legislature or any branch of
the Government: and no law shall ever bo made
to restrain the right thereof: The free corgmuni•
their persons,honses,papers and possessions, from
unreasonable searches and seizures, and that no
,warrant to search any placo,or to seize any person
or things, shall issue without &Scribing that'll us
nearly as may be,ner without probable cause,sup
ported by oath or affirmation.
See. IX. That in all criminal prosecutions, tho
accused bath a right to be heard by hinisoli and
his counsel,to demand the nature and cause of the
accusation against hini,to moot the witnesses face
to face, to have compulsory process for obtaining
witnesses in his favor, and in prosecutions by in
dictment or Information, a speedy trial by an im.
partial jury of the vicinage: Tout he cannot bo
compelled to eiye evidence against himself, nor
can ho be deprived of bis lire, liberty or property,
unless by the jodinent of his peers or tae law of
the In rid.
Sec. X. That no person shall,for any indictable
filcher, be proceeded iigiiiiist crininially by tutor.
Cation; except ill cases arisiog in 11 olaud or naval
orces, or in the militia when in service in
'me of war or public danger; or by leave of the
oust for oppression or iiiiserineanor in office. 1\ u
Orson shall firt Ore same offence he t ice pm in
eopardy of liis life or limb; nor shall any
roperty ho taken,or applied to public use,withinit
0 consent. 01 his representatives, Mid without
St COSII)CIIS;11101 , tWiligg etude.
" Sec. Xl. That all cowls shall be opomand every
man for an injury done him in his hinds. goods
prrson or reputallenoliall have comedy by the due
Apra° of law, and right and just.co administered
eqt.hcilit sale,derlial or delay...'".4uiis may be- brmigh,
Izainst the Commonwealth in such manner, in
tioticonrts, and in such cases, as the Legislature
t ;31 , .; by few, diroet.
That no power of suspending Taus
shall , ::,.exercised,unless by the legislature, or its
autho
yti. That excessive bad shall not lie re
, . „
gnired, !wt.:Am:m.e flues unposed,nor cruel pun.
ishnurots
Ser. XIV. '1'11;i1'401 prisonera 11111111 101 bailable
by sufficient surcties t unless for capital offences,
when the roof is evidqnt or presumption great:
and the privilege of tiro writ offintbeas corpus shall
not be auspondedoltile , la wAtert,in cases ofreliclltun
or ir,vasoir., the puhltc satiliy may require it.
See. XV. That no roininisition of oyor and tor•
miner or j.itl th•livcry slattlllio issued.
Nee. XVI. That ilia Iteitton:of a debtor, where
there I N n o t siting prosoloi/lionol fra0d,S11:111 lint
be Clintolly(' in prison idler doiivoring up his es.
tate ler the beneii , it its e;eilithrs in such manner
as shall be pre:oo lath by law. . .
Sec. XVII Tii•it no cx post field hivir, nor any
law trop tiring- contracts, snail tie oiadrt.:
,Sr.q. XVIII. That 110 100 still shall be .ithtiOod of
treason or rolony by the lottislature.
See XIX. That no atta tinier an.:ll work corrup•
lion or blood; our, except dorii.g Ole lute of the
ttlrei.der,torieititro ul eatato to the Coinitionweiithr, : j
th,,t the estates of aticli parsons us a1i,,11 deatitiy.
their own lkes,sliall (le,cond or vest as iii eitse
nattnal death: and ll' any persoa Siolll be killed
hp eas , itilty, iiiel e shall be 110 101 'came by reason
thereof.
:ire. XX. Th:it the citizens have a right, in a
peAreable wanner, to a:settible together for their
coninion goodoind to apply to those invested with
the powers olgovern went 1,,r edre,s of grievances
or other proper purpos.•s, by petition, redress, or
retnonstri Ince.
Sre. XXI That the right of the citizens to bear
arins,in defence of themselves and the State,sliall
t.ot he questioned.
Sec. XXII. That nostanding army shall,in time
of neace,be Item up,without the cement (tithe Le.
gislature; and the military sMill.sin all cases, and
at all times, bo in strict subordination to the civil
power.
Sec. XXIII. That no soldier shall, in time of
pea CV, be quartered in any house,without the con.
sent or the owner,rir in tune of witr,but iu u man•
ner to he prescribed by hi w.
Sec: XXIV. That the Legislature aluart9t,iirartt
any title of nobility or hereditary distination, nor
create any taco the appointment to which shall
be for a longer term thmi during good behaviour.
Sec. XXV . That emigration from the State shall
not he prohibited.
Sec XXVI. To guard against transgressions of
the high powers which wo have delegated, WE
DECI,AIt E, that every thing in this article is ex.
espied out of the general powers of government
and shall forever remain inviolate.
ARTICLE X. (New Article.)
[Any amendment or amendments to this ton.
st maim' may bo proposed in the Senate or House
of liepresentatives,and if tho same shall be agreed
to by a majority of tho members elected to each
roust, such proposed amendment or amendments
shall be entered on their journals, with the yeas
and nays taken thereon. and the Secretary of the
Gonmonwealth shall cause the Sallie to be pub
lished three months before the next election, in at
least ono nnivspapet in every county in which a
newspaper shall be published; and if in the
latere next afterwards chosen such proposed a.
momhnent or amendments shall be agreed to by a
majority oldie members elected to each house,the
So-rotary of the Commonwealth shall cause the
same again to he published in manner aforesaid,&
such prop.:qed amendment or amendments shall
he submitted to the people in such manner and at
such inne,at least three months,after being so a
greed to by the two houses as the legislature shall
;um:critic; & if the people shrill approve and ratify
such amendment ur amendments by a majority of
tho qualified voters of this state voting thereon,
such amendment or amendments shall become a
part or the constitution; but. no amendment or a.
mentlnients shall ho submitted to the people often
er than once in five yours; Provided, that-if more
than one amendment be submitted, they shall ho
submitted in such manner and form, that the peo
ple may vote for or against each amendment sopa.
rarely and distinctly.
SCHEDULE.
That no inconvenir-we !nay arise from the al
terations and amendments in the Constitution of
this COMlllollwettlib, and in intier to carry t h e
same into complete operation, it is hereby declar
ed and ordained, That
Section I. All laws of this commonwealth in
torco at the time when the said alterations and
amendments in the said constitution shall ,olio et
not inconsisiont therewithoind all rights,
actions, prosecutions,claims and contracts as well
of mil ividuals us of boiliescorporate,Aull continuo
as 'Hilo said alterations and amendments had not
been made.
Soc. 11. The alterations and amendments in the
said constitution shall take efiectA . roin the first
day of January, 1839.
Sec. 111. The clauses, sections and articles of
the Said &institution, which remain unaltered,
shall continuo to he construed and have eflitct an
if the said constitution had not been amended.
Sec. IV. The General Assembly which shall
nvepo in December, 1838, shall continuo its
session us heretofbro, notwithstanding the provi
sion in the eleventh section (Oho first article,and
shall at all times be regarded as the first General
:Assembly tinder the amended constitution.
""Soc. V. The Governor who shall be elected in
October, 1838, shall be inaugrated on the 3d
Tuesday in January, 1839, to which time the pro.
sent executive term is hereby extended.
Sec. VI. The commissions of the Judges of the
S . upreme Court, who may be in race on the first
day of January next shall expire in the following
mariner: The commission w Inch bears the earlieNt
date shall expire on the first day of January A.D.
1819; the commission next dated shall expire un
the first day of January A. D. 1845; the commis.
sion next dated shall expire on the first day of
Jantiary, A. D. 1'48; the commission next dated
shall expire on the first day of January,A. D. 1851;
and the commission last dated shall expire on the
first day of January, A. 1).1854.
Sec. VII. 'rho commissions of t! o l'iesident
Judges of the several judicial districts and of the
associates law judges of the first judicial district
shall exiiii 0 as billows: 'Flue commissions of one
!tailor those who shall have held their offices ten
years or inure at the aibiption of the a mendments
to the constitution, *drill expire on Ito 27111 thy
of February, 111:19; the commissions of the other
half of those.who shall have held their Mikes ten
years or more at the adgl.tunn °Ville amendments
to tho constitution, shall axpirc un Iltu i,r/th d.ty
ofFobruary, 1842; the first half to embrace those
whoso commissions shall boar the oldest date. The
commissions °fall the remaining judges who shall
not have held their offices for ten years at the a.
doption of tho amendments to the constitution,
shall expire on the 27th day of February next a 1
ter the end of ton years from the date of theircom•
Pions.
Sec. VI IT. The Recorders or the several Mayors'
Courts, and other criminal courts in this Corn
mon wealth, shall bo appointed for the same time,
, and in the came manner, as the president judges
of rho several judicial districts; of those now in
office, the commission oldest in date shall exoire
on the 27111 day id February, 1841, and the others
every two years there:liter according to their re.
spect ve dates. Thmo oldest in date expiring firs',
Sec. IX. The legislature at its first se-sion un
der the amended constitution, shall divide the oth
er associate judges ol the State iota tour classes
The emeteissinev of those of the first et as shall
e,tinte on the 27111 day of February, 1810; ortlioso
of the second class on the ..!7tll day of FA:wry,
1811; of those of the third class nu the 27th day
of February, 1542; and of Iheart of the Werth class
en the 27th day of February, 15.13. The said
classes front the first to the fourth shall be arran
ged accordtng to the seniority of the column:3Blone
of the several judges.
Sec.. X. rtothitiwitaries, clerks of the several
courts (except of the supremo court,) recorders of
deeds and register of wills, shall he first elected
under the untended constant ionoti. the election of
representatives in the year 1839, in such wanner
as may be prescribed by lacy.
Sec XI. The Appointing power shall remain as
borendoro, and all ullicots in the appointment of
the executive department shall continue in the
exercise al the duties of their respective offices
until the legislature shall ',llea such 1;1 1 . 1 ,4 us may
be required by the eighth section of the sixth
nr
to.lo of the untended constitution, and until ap.
point menis shall be made under such laws; unless
their cionintssions shall bo superseded by mow
apnointments, or shall sooner expire by lima own
Innitations,or the said offices stt.ell become vacant
by death or resignatton, and such laws shall be
enacted by the rust legislature under the amend.
ed constitution.
Sec. XII. Thu first election for aldermen and
in:dices of the peace shall be hold in the year
15.10, at the time fixed Mr the election of mime.
tiles. The legislature at its first session under
C.o amended constitution shall provide for the
said election and fur the said election and for
subsequent similar electnms. 'I lie aldermen and
justices of the peace now in commission, or who
may in the interim be appointed, shall continuo
to dischaign the duties of then respective ullices,
mail fifteen days after the day which shall be
fixed by law for the issuing of new CO•iinilSkilinllN,
ut the expiration of which time their CUM iiiisstune
shall expire.
-• 'ln testimony that the foregoing is the amended can.
1 • stitution of Pennsylvania, as agreed to in cenven..
'
tion . We thc . otlicers and members al the conyeu.
, tion have hereunto signed CUE DULLICH ut Philudel
phia, the 22d day of February, A. D. ItlJa, and
the indepeudence• of the United States of,
Adtiriea the sixty-second.
1101 - 1-NSER . CiEA NT, President.
Daniel Agnew - - • Wm. Henderson
Wm. Ayres -Heisler
:11. W. in William High
Ephraim Banks Jos. Hopkinson
John Y. Barclay John lloupt
Jacob Harndollar . Jabez Hyde
Chas. A. Ilarnitz Charles Jared Ingersoll
Andrew Hediord . Phs. Jenks
Thos. S. Hell- George M Keim
James Cornell Biddle James Kennedy
Lebbeue L. Bigelow , Aaron Kerr
- Saud. C. Bonham Jos. Koni.nacher
Chas. Brown Jacob Kre bs
Jeremiah Brown H. G. Long
William Brown David Lyons
Pierce Butler Alex. Magee
Samuel Cary Joel K. Mann
George Chambers 13mja. Martin
.John Chandler Join J. INl'Llaben
Jos. It. Chandler - E. T. llPDowell
Ch. Chauncey James M'Sherry
Nathaniel Clapp W. M. Meredith
James Clarke James Merrill.
John Clarke Levi Merkel
William Clark Wm. L Miller
A. J Cline James Montgomery
Lindley Coates Christian Meyers
R. E. Cochran D. Nevin
Thos. P. Cope Wm. Overfield
Joshua F. Cox Hiram Payne
IValter Craig Matthias Pennypacker
Richt!. M. Crain James Porter
George 'l'. Crawford James AladiSOn Porter
Cornelius Crum Samuel A. Purviunce
Jolla Ctlinin in E. C. Reigart
Thomas S. Cunningham A II Read
William Corn George W. Biter
Win. T.l irlington John Hitter
Mark Darrell IL Gold Rogers
Harmar Denny Samuel Royer
John Dickey James M. Russell
Joshua Dickerson Daniel Saeger
Jacob Dillinger • John Morin Scott
James Donagan Tobias Sellers
J. It. Donnell G. Seltzer
Joseph M. Doran George Serrill
Dunlop Henry Scheetz
Thomas Earle George Skillet°
D. M. Farrelly Thomas H. Sill
Robert Fleming George Smith
Walter Forward William Smyth
John Foulkrod Joseph Snively
Joseph Fry, Jr. John B. Sterigero
John Fuller Jacob Stickel
John A. Gamble E. W. Sturdevant
William Gearhart Thomas Taggart
David Gilmore Morgan J. Thomas
Virgil Grenell Jones Todd
William D. Harris Thomas Weaver
Thomas Hastings Jacob 11. Weidman
Ezra S. Hayhurst It. G. White
Wm. Hays George IV. Woodward
Abut, Helflenstein R. Young
M. Henderson
(Attest) S. Simon. Secretary.
G. L. Fn ass, }
Assistant Secretaries.
J. Wiwame,
SECRETARY'S OF FICE,
Harrisburg, February 28, 1838. 5
I certify, that the foregoing is un exitet and lite
ral copy of the Constitution of the Common
wealth of Pennsylvania as amended by the Con
vention of one thousand eight hundred and thirty
seven-thirty-eight," deposited in this office on thu
26th day of February, 1838; the Amendments be
ing in brackets, thus [
THO. 11. I3URROWES,
Secretary of thc Commonwealth.
March 27, 1838. tc-52
ROSE 011ITIVIIENT,
IVOR Tetteis Ringworms, Pimples on
ii the face,and other Ciumeous eruptions,
prepared by VAUGIDIAN & DAVIS, Phila•
delphia. Sold at the Apothecary and Drug
Store of Or.• J. GILI3gRT.
Gettysburg, April 10, 1888. tf-2
Office of the Star & Banner:
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the Court-House.
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