ADVERTISEMENTS.
THE CONSTITUTION
OP THE
Commonwealth•of Pennsylvania
As amended by the Convention of one thousand
eight hundred and thirty-seven—thirty•eight.
al'. Amendment's in brackets, thus (
WE, the People of tho Commonwealth of
Pennsylvania, Ordain and establish this Constitu
tionfor its Government.
ARTICLE I.
Sect. L . The Legislative power of this Common
wealth shall be vested in a General Assembly,
which shall consist of a Senate and House of Rep
resentatives. . •
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.
See. 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 (a Represen
tative,] unless he shall have been absent on the pub
lic business of the United States or of this state.
Sec. IV. Within three years after the first meet
ing 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
Rekresentatives shall at the several periods of mak
ing such enumeration, be fixed by the Legislature,
and apportioned among the city of .PhilOdelphia
end the several counties, according to the number
of taxable inhabitants in each. And shall never bo
less than sixty nor greater than one hundred. Each
Cciunty 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 one Representative, agreeably to
the ratio which shall then be established.
Sec. V. The Senators shall be chosen for [three]
.
years by the citizens of Philadelphia and of the
several counties at the same timo,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
seven! periods of making the enumeration before
mentioned, be fixed by the Legislaturo,nnd appor
tioned among the districts formed as hereinafter di
rected,.iecording to the number of taxuble inhabi
tants in each; - and shall never be less than one
forth nor greater than ono third, of the number of
Representatives. •
See. VII. The Senators shall be chosen in die
tricta, to be formed by'the Legislature; [but no die
- 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 shnll,at any time,
bo 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 ago of twenty-five years
and have been e'citizen and inhabitant of the State
four years next before his election,and the lust year
thereof an 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,sliall be divided by
lat. into three clasies. 'rho seats 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 cho
sen every year. The Senators elected before the
amendments to the Constitution shall be adopted
shall bold thelf offices during the terms for which
they shall respectively have been elected.]
Sec. X. The General Assembly shall meet on the
first Tuesday of [January,] in every year, unless
sooner convened by the Governor.
Sec. XI. Each House shall choose its Speaker
and other officers; and the Senate shall also choose
a Speaker pro tompore, when the Speaker shall
exercise the office of Governor. j
. Bee. XII. Each house shall judge of the quali
fications of its Members. Contested elections shall
be determined. by a committee to be selected,form
ed and regulated in such manner as shall be direct
ed by law. A majority of each House shall con
stitute a quorutit to do business; but a small num
ber may adjourn from day to day, and may be au
thorized by law to compel tho attendance of absent
members, - in such manner and under such penal
ties as may be provided.
XIIL Each 1101368 may determine the rules
Of its proceedings,punish its members for disorder
ly behaviour, and with the concurrence of two
thirdi, expel a member, but not a second time for
the.same cause; and shall have all other power
necessary for a branch of the Legislature of a free
State. -
Bee. 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 coal.
monwoalth are, on hereafter may be, empowered
to decree is divorce.] .
Bet. XV. Each House shall keep a journal of its
proceedings,. and publishihem weekly,except such
parts as may require secrecy: and the yeas and
nays, of the members on any question shall, at the
desire of any two of them, be entered on thojeur.
See. 2C.lr, I. The doors of each Rouse and of
cpsomitteos of the Wholo shall be open, unless
whii the business shall be such as ought to be kept
secret.
*G.BYII. Neither NOUN shall,without the con
sent if the other,adjourn for more than three days,
nor to ply °tier Plaits thin that in _which the two
houses shall be sitting.
=II. The Senators and Representatives
abail melee s compensation for their services to
bekstiontalzted by law, and paid out of the treasury
of the thunincutereidtit. They -shell in all crises,
sioept. ttetannt. felony and breach or surety of the
petsme,,im.privileged from arrest during their atten
aiumkst.the.seseion of their respective Housee,turd
~
to rePrlibig from the, same. And
*Any speeill a debate in eittier House they shall
Emg be quaidloged in any other plate.
ate= No tenstor or Representative khan;
1101th1rtha Shwa for tallith he 'ball have been elect
takbikappalieual to any tivii office under this Corn.:
sifipirieWeeitickehall here beep created, or the
eatehternbleflphich obeli have been ihcreate4 u•
0141111 1 6104 P 4 no ;neither of Congress or oil:-
any offitoqe,alseptof 'attorney at
law and in the militia) under the United States of
this Commonwealth, shall be a member of either
House dunng his continuance in Congress or in
office.
Sec. XX. When vacancies happen in either
House the Speaker shall issue writs of election to
till such vacancies.
Sec. XXI. All hills for. raising revenue shall
originate in the House of Representatives, but the
Senate may proposo.amendments as in other bills.
Scc. XXII. No money shall be drawn from the
treasury but in coosequence of appropriations made
by law.
Sec. XXIII. Every bill which shall have passed
both Houses shall be presented to the Governor.
If he approve he shall sign it, but if ho shall not
approve it ho shall return it with his objections to
the House in which it shall have originated, who
obeli. enter the objections at largo upon their jour
nals and proceed to reconsider it. Kafter such re
consideration two-thirds of that. House shrill agree
to pass tho bill, it shall be sent with the objections
to the other HOll6O, by which likewise it shall be
reconsidererLand itapproved .by two•thirds of that
House, it shall he a- law. - '.l3ut in such cases the
votes of both Houses shall be determined by yeas
and nays,and the named of the persons voting for
or against the bill,shall bo entered on the journals
of each House respectively. If any bill shall not
be returned by the Governor within ten days (Sun
days excepted) after it shall have been presented
to him, it shall bo a law in like manner as if ho
had signed it unless the General Assembly, by
their adjournment, prevented its return, in which
case it shall be a Is.w,unless sent back within three
days after their next meeting.
• Sect. XXIV. Every order, resolution or vote to
which the concurrence of both Houses may ho no- .
cessary (except on a question of adjournment)
shall be presented to the Governor, and before it
shall take effect, be approved by him,or'being dis
approved, shall be repassed by two-thirds of both
houses, according to the rules and limitations pre
scribed in case of a bill.
Sect. XXV. [No corporate body shall be here
after creattd,renewed or extended with banking or
discounting privileges,without six months previous
public notice of the application for the same in such
manner us shall be prescribed by la*. Nor shall
any charter for the purposes aforesaid, be granted
for a longer period than twenty years, and every
such charter shrill contain a 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 corporatore. No law hereafter enacted, shall
create, renew, or extend the charter of more than
one corporation.]
ARTICLE IL
Sect. I. The Supreme Executive power of this
Commonwealth shall be vested in a Governor.
Sect. 11. The Governor ehrill 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 sealed up and
transmitted to the seat of government, directed to
the Speaker of the Sena te,who shall opop and pub
lish them in the presence of the members of both
houses of the legislature. The person having the
highest number of votes *liana be governor. But if
two or more shall be equal and highest in votes ono
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 tho legislature,and formed end
regulated in such manner as shall be directed by law
Sect. 111. Tho governor shall hold his office dur
ing three years from the third Tuesday of [January]
next ensuing his election,and shall not be capable of
holding it longer than [6] in any term of [9] years.
Sect.-IV. Ho shall be at least thirty years of age.
and havo been a citizen - and an inhabitant of this
state seven years next before his election; unless
ho shall have been absent on the public business
of the United States, or of this State.
Sect. V. No member of Congress or person hol
ding any office under the United States or this
State shall exercise the office of Governor.
Sect. VI. The Governor shall at stated times
receive for his services,a componsation,which shall
be neither Increased nor diminished during the
period for which ho shall have :Jaen elected.
Sect. VII. Ho shall bo commander-in-chief of
the army and navy of this commonwealth, and of
the militia except when they shall be called into
the actual service of the United States.
Sect. VIII. [He shall appoint a Secretary of
Commonwealth during plcasure,and he shall nom
inate and by and with the advice and consent of the
Serrate appoint all judicial officers of courts of re
cord, unless otherwise provided for in this consti
tution. He • ahall havb 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, [That in acting on executive nominations
the senate shall sit with open doors, and in con
firming or rejecting the nominations of tho Gover
nor, the vote shall be taken by yeas and trays.]
SecfAX. Ho shall have power to remit fines
and forfeitures, and grant reprieves and pardons,
except in cases of impeachment.
Sect. X. Ho may require information in writing
from the officers in the executive department, on
any subject relating to the duties of their respec
tive offices.
Sect. XI. Ho shall from time to time, give to the
general assembly information of the state of thu
cornmonwealth,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 dis
:agreement between the two houses,with respect to
the time of adjournment,adjourn thorn to such time
as ho shall think proper,not exceeding four months.
Scet. XIII. He shall take care that the laws be
'faithfully executed.. • ,
,Scd. XIV. In case of the death or resignation of
the Govcrnor,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 shall be chosen at the second succeedmg
aunuatelection of Representatives.) And if the trial
of a contested election shall continue longer than
until [the third Monday of dentistry) 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_execntive autherity, shall con
tinue therein until the determination of such con
tested election, and until a governor shall be (duly)
qualified as aforesaid. _ •
Sect. IV. [The secretary of the commonwealth)
shall heap a fair register of all the official acts and
proceedings of the govemor;andahall,when requir
ed, lay the same and all papers,minutes and vouch
ers relative thereto before either branch of the le
gislature, and shill perform such other duties u
shall be enjoined him by law.
ARTICLE 111.
Sect. I. [ln elections by the citizens,every white
freeman of the age of twenty-ono years, having re
sided in this state ono year,ind in the election dies
trict where he offers to vo:c, ten days immediately
preceding such election,and within two years paid
a state or county tax,which shall have been asses
Bed at least ten days before the electinn, shall enjoy
the rights of an elector. But a citizen of the 11.
States, who had previously been a qualified voter
of this State,and removed therefrom and returned,
and who shall have resided in the election district
and paid taxes as aforesaid, shall be entitled to vote
after residing in the state six months:] Provided,
[That white freemen, citizens of the U. States, be
tween the ages of 21 and 22 years, and having re
sided 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.]
Sect. If. All elections shall be by ballot, except
those by persons in their representative capacities,
who shall vote viva voce.
Sect. 111. Electors shall in all eascs,except trea
son, felony and breach of surety of the peace, be
privileged from arrest during their attendance on
elections and in going to and returning from them.
ARTICLE IV. (Unaltered.)
Sect. I. The House of Representatives shall have
the solo power of impeaching.
Sect. 11. All impeachments shall be tried by the
Senate, When sitting for that purpose,the Sena
tors shall be upon oath or affirmation. No person
shall be convieted,without the concurrence of two
thirds of the menibers present.
Sect. 111. The Governor and all other civil offi
cers under this commonwealth, shall bo liable to
impeachment for any misdemeanor in office; but
judgment, in such cases, shall not extend further
than to removal from office, and disqualification to
hold any office of honor, trust; or profit under this
commonwealth: the party, whether convicted or
acquitted; shall, nevertheless, be liablo to indict
ment, trial, judgment and punishment, according
to law
ARTICLE V.
Sect. T. The judicial power of this common
wealth shall be vested in a supreme court, in courts
of oyer and terminal- and general jail delivery, in a
court of common picas, orphans' court, registers'
court, and a court of quarter sessions of the peace,
for each county; in justices of 'the peace, and in
such other courts es the legislature may froth time
to time establish.
Sect. 11. [The judges of the supreme court, of
the several courts of cummon pleas, and of such
other courts of record as are or shall be established
by law, shall be nominated by the governor, and
by and with the consent of the Senate appointed
and commissioned by hint. The judges of the su
preme court shall hold their offices for the' term of
fifteen ycars,if they shall so long behave themselves
well. The president judges of the several courts
of common plcas,and of such other courts of record
as are or shall be - established by law, and all other
judges required to be learned in tho law,shall hold
their offices for the term of ton years, if they shall
so long behave themsclves.well. The associate
judges of the courts of common pleas shall hold
their °Dices for the term of five years, if they shall
so long behave themselves well, But for any rea
sonable cause,which shall'not be sufficient ground
of impeachment, the governor may remove any
of them on the address of two-Chirtig of each branch
of the legislature. The judge's of the supreme
court; ind the presidents of, the several courts of
common pleas, shall at stated times receive for
their services an adequate compensation tole fixed
by law, which shall not be diminished during their
continuance in office; .hut they shall receive no
fees or perquisites of office, nor hold any other
office of profit under this Commonwealth.]
Sec. 111. [Until otherwise directed by law, the
courts of common pleas shall continue as at pres
ent established. Not more than five counties shall
at any time be included in one judicial district or
ganized for said courts.;
See. IV. The jurisdiction of the supreme court
shall extend over the State, and the judges tl ereof
shall, by virtue of their offices, be justices of oyer
and terminer and general jail delivery, in the sever
al counties.
Sec. V. Tho judges of the court of common
pleas, in each county, shall, by virtue of their ofli
ccs, be justices of oyer and terminer and generil
jail delivery, for the trial of capital and other offen
ders therein; any two of said judges, the president
being one, shall be a quorum; but they shall not
hold a court of oyer and terminer, or jail delivery,
in any county, when the judges of the supreme
court, or any of theni shall be sitting in the same
county. The party accused, 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; beside the powers
heretofore usually exercised by theradrave the pow
ers 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
the persons and estates of those who aro non com
potes mends. And the Legislature shall vest in
the said courts such other powers to grant relief in
equity, as shall be found necessary; and may, from
time to time, enlarge or diminish those powers or
vest theta in such other courts as they shall judge
proper, for the due administration nfjustice.
Sec. VII. The judges of the court of common
pleas of each county, any two of whom shall be a
quorura,shall 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 court
of each . county.
Sec. VIII The judges of the courts of common
pleas shall, within their respective counties, have}
like powers with the judges 'of the supreme court,
to issue writs of certiorari to the justices of the
pence,and to cause their proceedings to be brought
before them, and the like right and justice+to be
done.
Sec. IX. 'Mc president of the court in each cir
cuit within such circuit, end the judges of the
court of coMmon pleas within theirrespective coun
ties, shall be justices of the peaCe, so far as relates
to criminal matters.
Scc. 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 county.
Sec. XL The style of all process shall be 'The
Commonwealth of Pennsylvania." All prosecu
thins shall bo carried on in the name and by the
authority of the Conimonwealth of Pennsylvania,
and conclude 'against em peace and dignityof the
same."
ARTICLE VL
Sect. I. Sheriff's and coroners shall at the times
and places of election of representatives be chosen
by the citizens of cubit' county. [One person shall
le chosen for each office, who] shall be . [commis:
slimed] by the Governor. They shall hold ituir
offices for three years, if they shall so lonilehave
themselves well,and until a successor be dab ,
Med; but no person shall be twice chosensirap
pointed Sheriff in any term of six years. /Wean
cies in either of the said offices, shall beflpled:by
[an] appointment, to be made by the Goviiier, to
continue until the next general election, anal until
a successor shall be chosen and qualified as afore
said.
• • .
See. IL The freemen of this Commoniyealth
shall ho armed (organized) and disciplined for its
defence, [when and in such manner as may be di;
meted by law.] Those who conscientiously scruple
to beai arms, shall nut he compelled to do so, but
shall pay an equivalent for persoitul service•
Scc. 111. [Prothonotaries of the supreme court
shall be appointed by the said court for the term of
three years,if they so long behave themselveS
Prothonotaries and clerks of the several other
courts, recorderi of deeds, and registers of wills.
shall at the times and places_ of election of itepre
sentatives, be elected by the qualified electois of
each county or the districts .over which the juris
diction of said courts extends; and shall be com
missioned by the Governor. They shall hold their
offices for three yours, if they shall so long behave
themselves well,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 many and which,
of said offices shall be held by one person. Va
cancies in any of the said offices shall be filled by
appointments to be made by the Governor, to con-
tinue until the next general election, and „Until
successors shall be elected and qualified as afore
said.]
Sec. 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
tivoly,shall bo officers, unless, when the Governor
shall, !Or special reasons, dispense therewith, for
any term not exceeding five years after the coun. '
ty shall have been erected. •
See. V. All commissions shall be in the name
and by the authority of the Commonwealth of
Pennsylvania, and be settled with the State seul,
and he signed by the Governor.
Sec VI. [A] State Treasurer shall be [elected]
annually, by joint vote of [both branches of the
Legislature.]
Sec VII. [Justices of the pence, or aldermen,
shall be elected in thoseveral wards,borouglis,and
townships, at the time of the election of consta
bles,by the qualified voters thereof, in such num
ber as shall be directed by law,and shall be corn.
missioned by the Governor for a term of five years
But no township,ward or borough shall elect more
than two justices of the peace or aldermen with
out the consent of a majority of the qualified elec
tors within such township, ward or borough.]
Sec. VIII. [All officers whose election or ap
pointment is not provided for in this Constitution,
shall be elected or appointed as shall be directed
by law. No person shall be appointed to any office
within any county, who shall not hove been a ci
tizen and an inhabitant therein ono your next be
fore his appointmont,if the county shall havo been
so long erected; but if it shall not have been so
long orected,then within the limits of the county
or counties out of which it shall boon taken. No
member of Congress from this State,or any person
holding or exercising any office or appointment of
trust or profit under the U. States,slialhat tho same
,time, hold or exorcise any office in this State, to
which salary is,or fees,or perquisites aro by aw
annexed: and the Legislature may by law declare
what state offices are incompatible. No member
of the Senate or of the House of Representatives
shall bo appointed by the Governor tritiny erneo
during the term for which he shall have been o.
looted.]
Sec. IX. [All officers for a term of years shall
hold their offices, fbr the terms respectively spoci
fled, only on the condition that they so long be.
have themselves well; and shall be removed on
conviction of misbehavior in office or of any infa
mous et ime.]
Sec. X. [Any person who shall, after the adop
tion L f the amendments proposed by this Conven
tion to the Constitution, fight a duel, or send a
challenge for that purpose', or lie eider or abettor
in fighting a duel, shall be deprived of the right
of holding any office of honor or pros in this State
and shall be punished otherwise in such manner
as is,or may bo prescribed by law; but the oxecu.
tivo may remit tho said offence and all its disqual
ifications.]
ARTICLE VII.
Sec. I. The Legislature shelt i es soon as come.
niently may bo.provido, by law, for the establish
ment ofschools throughout the State,in such man
nor that the poor may be taught gratis.
Sec. 11. Tho arts and sciences shall be-promo
ted in ono or more seminaries of learning.
Sec. 111. The rights,privileges,immunities and
estates of religious societies and corporate bodies
shall remain as if the Constitution of this State
had not been altered or amended.
Sec. IV. [The Logislature . shull not invest any
corporate body or individual With the privilege ul
taking private property for public use,without re.
quiring such corporation or individual to make
compensation to the owners tiro:aid property, or
give adequate security therefor, before such pro
porty shut) be tukon.l
ARTICLE VIII. (Unaltered)
Members of Um General Assembly and all (Art
cors,exocutive and judicial,sliall be bound by oath
or affirmation to support the Constitution of this
Commenwcalth,and to perform the duties of their
rospective offices with fidelity.
ARTICLE IX. (Unaltered.)
That the genoral,great and essential principles
of liberty and froo government may be recognised
and unalterably ;established, WE DECLARE:
Sec. I. That all'mon arc born equally free and
indepondent,and Rave certain inherent and,indo-'
feasible rights,among which aro those of enjoying
and defending life and liberty, of acquiring, pos
sessing and protecting property and reputation,
and of pursuing their own happiness.
Sec. 11. That all power is inherent in the peo
ple,und all free governments aro founded on their
authnrity,and instituted fur their peace,safety,and
happiness: For the advancement of those ends,
they have,at all times ' an unalienable and indefea
sible right to alier,refurinor abolish their govern
ment,in such mariner as they may think proper.
Sec. 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
man can, of right, bo compelled to attond,orect,or
support any place of.worship, or to maintain any
ministry against his consent; that no human au
thority can,in any case whatover,control or inter
fere with the rights of conscience; and that no pro.
ferule° shall ever be given,by la w,to any religious
establishments or modes of.worship.
Sec. IV. That no person who acknowledges the
being of a God and a future state of rewards and
punishinents,sliall,on account of his religious sem
tbnente,he disqualified to hold any office or place
of trust or profit Under this Commonwealth.
Sec. V. That elections shell be free and equal.
Ste. VI. That trial by jury shall be us hereto.
fore, and the right thereof remain inviolate.
Sec. VII, That the printing presses shall be free
to every person who undertakes to examine the
prwedings of the Legislature or any brunch of
the Government: and no law shall over be made
to restrain the right thereof. The free communi
cation of thoughts and opinions is ono of the in
valuable rights of man; and every citizen may
tipeak,write and print on any subject, being re
sponsible for the abuse of that liberty. In prosece.
lions for the publication of papers, investigating
the official conduct of officers, or mon in a public
capacity, or where the matter published is proper
for public information, the truth thereof' may be
given in evidence; and,in all indictments for libels
the jury shell have a right to determine the law
and the facts, under the direction of thecourt, as
in other curve. -
Sic. VIII. That the people shall be secure in
thelrpirsona,houses,papera and possession'', from
unreasonable searches and seizures, and that no
warrant to search any placo,or to seize any person
or things, shall Issue without describing them as
nearly as may bo,ner without probable cause,sup.
ported by oath or affirmation.
Sec. IX. That in all criminal prosecutions, the
accused bath a right to be hoard by himself and
his counsel,to demand the nature and cause of the
accusation against hini,to meet the witnesses Ince
to face, to have compulsory process for obtaining
witnesses in his favor, and in prosecutions by in
dictment or information. n speedy trial by al,
im
patlial jury of the vicinage: That he enamet be
compelled to give evidence against hioisoll, nor
can lie be deprived of his life, liberty or property,
unless by. the judinent of his peers or the law of
the land.
Sec. X. Tbat no person shall,for any indictable
offence, he proceeded against criminally by in for
m eitio - n; except in cases arising in tin land or nu va I
forces, or in the militia when in actual service in
time of war or public danger; or by leave of the
court for oppression or misaemoanor iu office. No
person Aral for the same offence be to ice put hi
jeopardy of his life or limb; nor shall any man's
property bo taknn,or applied to public use,without
the consent of his representatives, and without
just compensation being made.
Sec. XL That all courts shall be (moment] every
man for an injury done him in his lands, goods
person or reputation,shall have remedy by the duo
course of law, and right and justice administered
without sale,denial or delay. Suits rosy be brough,
,agitinst the Commonwealth in such mariner, in
such courts, and in such cases, as the Legislature
.may, by law, direct.
Sec. XII. That no power of' suspending hay
shall be exarcised,unlose by the legislature, or its
authority.
Seei.XIII. That excessive bail shall not be re
quired, nor excessive fines imposcd,nor cruel pun
ishments inflicted.
Sec. XIV. That all prisoners shall he bailable
by sufficient sureties, unless for capital offences,
when the proof is evident or presumption great:
and tho privilege of the writ of habeas combs shall
not bo suspended,unless whon,in cases ofrebellion
or investor., tho public safety may require it.
Sec. XV. That no commission of oyor and ter
miner erjail delivery shall be issued.
Sec. XVI. 'That the person of a debtor, whore
there is not strong presumption of fraud,shall not
be.continued in prison after delivering up his es.
tale for the benefit of his cretlitOri in such manner
as shall be proscribed by law.
See. XVII. That no ex post facto law, nor any
law impairing contracts, shall ho made.
Sec. XV II I. That no person shall bo attainted of
treason or felony by the legislature.
Sec. XIX. That no attainder shall work corrup
tion of blood; nor, except during the libel the
offender,forfciture ofestate to the Cuinumnivealtlw
that the estates of such persons as shall destroy
their own Ilves,sliall descend or vest as in case Of
natural death: and if tiny person shall be killed
by casualty, there shall bo no forfeiture by reason
thereof.
Sec. XX. That the citizens have a right, in n
peaceable manner, to assemble together for their
common goocl,and to apply to those invested with
the powers of government fin. redress of grievances
or other proper purposes, by petition, redress, or
remit stra nee.
Sec. XXI That the right of ihe citizens to boar
arms,in defence of themselves and the State,shall
not be questioned.
Sec. XXII. That no standing army sholl,in time
of peaco,bo kept up,without the consent olthe Le
gislature; and the military shall. in all cases, and
at all times, be in strict subordination to the civil
power.
Sec. XXIII. That nu soldier shall, in time of
poace,be quartered in any house,without the con
sent of tho ownor,nor in time of war,but in a man
ner to bo proscribed by law.
Sec. XXIV. That the Legislature shall not grant
any title of nobility or hereditary distinction, nor
create . airy office appei ntnient to w hich shall
be for n longer term than during good behaviour.
Sec. XXV. That emigration from the State shall
not be prohibited.
Sec XXVI. To guard against transgressions of
the high powers which we have delegated, WE
DECLARE, that ovory thing in this article is ex.'
cepted out of the general powers of government
and shall forever remain inviolate.
ARTICLE X. (New Article.)
[Any amendment or amendments to this Con.
stitution may be proposed in the Senate or noose
of Representatives,and lithe same shall bo agreed
to by a majority of the members elected to each
House, such proposed aniendment or amendments
shall be entered on their journals, with the yeas
and nays taken thereon. and the Secretary of the
Commonwealth shall cause the same to be pub
lished three months before the next election, in at .
least ono newspapet in every county in which a
newspaper shall be published; and if in the legis.
lature next afterwards chosen such proposed a
mendment or amendments shall bo agreed to by a
majority ofthe members elected to each house,the
Senotary of the Commonwealth shall cause the
same again to be published in manner aforesaid,&
such prorsed amendment or amendments shall
be submitted to the people in such mummer and at
such time,at least three months,ulter being so a.
greed to by the two 11011908 as the legislature shall
presCribe; & it the people shall approve and ratify
such amendment or amendments by a majority of
the ()notified voters of this state voting thereon,
such amendment or amendments shall become a
part of the constitAtion; but no amendment or a
mendments shall he submitted to the people often.
or than once in five years; Pi ovided, that if more
than ono amendment be submitted, they shall be
submitted in such manner und form, that the peo
ple may vote for or against each amendment sepa
rately and distinctly.
SCIIEDULE.
That no inconvenience may arise from the al
terations and amendments in the Constitution o
this Commonwealth, and in order to carry the
same into complete operation, It is horoby declar
ed and ordained, That
Section I. All laws of this commonwealth in
force ut the time when the said alterations and
amendments in the said constitution shall take o -
fect,and not inconsistent therew ith,and all rights,
actions, prosecutlens,claims and contracts as well
of individuals us of bodies corporate,shall continue
as if the said alterations and amendments had not
been made.
Soc. 11. The alterations and amendments in the
said constitution shall take effect from the first
day of January, 1839.
' Soc. 1 11. The clauses, sections end articles of
the said constitution, which remain unaltered,
shall continuo to be construed and have effect us
if the said constitution had riot been amended.
Sec. IV. The General Assembly which Shull
c liven° in December, 1838, shall continue its
session as heretofore, notwithstanding tne provi
sion in the eleventh section of the first at ticle,und
shall at all times be regarded as the first General
Assembly under the amended constitution
'''See. V. The Governor who shall ho elected in'
October, 1838, shall be inaugruted on the 3d
Tuesday in Jununry,lB39, to which tittle the pre.
sent executive term is hereby extended.
Sec. VI. 'Fire commissions of the Judges of the
Supremo Court, who may be in °dice on the first
day of January next shall expire in the following
manner: The commission which bears the earliest
dam shall expire on the first day of January A.D.
1842; the commission next dated shall expire on
the first day ofJanuary A. D. 1845; the commis.
siert next dated Shull expire on the first day of
January, A. D. 1848; the commission next dated
shall expire on the first day ofianuary,A. D. 1851;
and the cuinmission lust dated shall expire on the
first-day of January, A. D. 1854.
Sec. VII. Tiro commissions of the President
Judges of the several judicial districts and of the
associates law judges of the first judicial district
shall expire as follows: The commissions of one
half of those who shall have held their offices ten
years or more ut the adoption of the amendments
to the,-constitution, shall expire on the 27th day.
of February, 18:19; the comnussiims 'Attie other
half of those who shall have held their offices ton
yearsor more at the adoption of the amendments
to the constitution. shall expire on the :27th day
of February, 1842; the first half to embrace these
whose commissions shall boar the oldest date. The
- commissions of all the remaining judges who shall
not have hold their offices for ton years at the a.
doption of tho amendments the constitution,
shall expire on the 27th day of February next ea.
ter the end of ten years from the date of theircom.
Sec. VIII. The Recorders of the several Mayors'
Courts, and other criminal courts in this Com
mania eulth, shall be appointed for tho same time,
end in the same manner, as the president judges
of the several judicial districts; of those now in
Alice, the tore mission oldest in date shall expire
on the 27th day of February,lB4l, and tho others
(Ntry ..vvo years thou-cutter according to their re
spective dates. Those oldest in date expiring first.
Sec. IX. The legislature at its first session un.
der the amended constitution, shall divide the oth
er associate judges of the State into four classes!
The commissions of those rd the first class shall
expire on the 27th day of February, 1840; oftlioso
of the second class on the 27th day UT February,
1841; of those of the third class on the 27th day
01 February, 1842; and of those of the fourth class
on the 27th day of February, 1843. Tho said
classes from the first to the fourth shall be urran
god according to the seniority of the commissions
of the several judges,
Sec. X. Prottionoiarles, clerks of the several
courts (except of the supreme cue rt„) recorders of
deeds and register of wills, shall be first elected
under the amended constitution,at the election of
representatives in tho year 1839, in such manlier
bs may be prescribed by law.
Sec. Xl. The appointing power shall remain as
lieretolbre, and all officers in the appointment of
the executive department shall continuo in the
exercise of the duties of their respective offices
until the legislature shall pass ouch laws as may
be required by the eighth section of the sixth ar.
tide of the amended constitution, and until ap
pointments shall be made under such laws; unless
their commissions shall be superseded by now
appointments, or shall sooner expire by their own
lirnitations,or the said offices shall become vacant
by death or resignation, and such laws shall be
enacted by the first legislature under tho amend.
ed constitution.
See. XII. 'rho first election for aldermen and
justices of the peace shall be hold in the year
1.1 , 10, at the time fixed for the election of consta.
Liles. 'Fire legislature at its first session under
t!.e amended constitution shall provide for the
said election and for the said election and for
sub.,4equent similar elections. Tho aldermen and
justices afire pence now in commission, or who
may in the interim be appointed, shall continue
to discharge the duties of their respective offices,
until fifteen days after the day which shell be
fixed by law fot the issuing of now commissions,
at the expiration of which tuna their commissions
shall expire.
In testimony that the foregoing is the amended con
stitutien of Pennsylvania, as agreed to iu couven
tion ' We the of fi cers and members of the coaven
tionhave hereunto signed our names at Philadel
phia, the 22d day of February, A. D. 1836, ef.li
of the Independence of the United States of
America the sixty-second.
JOHN SERGEANT, President.
Daniel Agnew Wm, Henderson
Win. Ayres .Win.. Heister
M. W. Baldwin William High
Ephraim Banks Jos Hopkinson
John Y. Barclay John Houpt-
Jacob Barad°llar . ' Jahez Hydo
Chao. A. Barnitz Charles Jared Ingersoll
Andrew Bedford Phs. Jenks
Thos. S. Bell George M Kelm
James Cornell Biddle • James Kennedy
Lebbetis L. Bigeloiv Aaron Kerr
Saml C. Bonham
Chas. Drown
Jeremiah Brown
William Brown
_Pierce Butler Alex. Magee
Samuel Cary Joel K. Mann
George Chambers lienjii. Martin
John Chandler Join J. M'Caben
Jos. R. Chandler E. T. APDowell
Ch. Chuuueer James briSherry
Nathaniel Clapp W. M. Meredith
Jpines Clarke James Nierrill A
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
Walter Craig Matthias Pennypacker
Richd. M. Crain James Porter
George T. Crawford James Mai'ism Porter
Cornelius Crum Samuel A. Purvianee
Johu Cuturnin E. C. Reigart
Thomas S. Cunningham A H Read
William Curll George W. Rite,
Wm. Darlington John Ritter
Marlc Darrah H. Gold Rogers
Harmer Denny Samuel Royer
John Dickey - James M. Russell
Joshua Dickerson Daniel Saeger
Jacob Dlllinger John Morin Scott
James Donegan Tobias Sellers
J. R. Donnell G. Seltzer
Joseph M. Doran . George Serrill
James Dunlop 'Henry Schcetz
Thomas Earle George Shilleto
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. Sturdcvant
William Gearhart Thomas Taggart
David Gilmore Morgan J. Thomas
Virgil Grencll James Todd
William D. Ilarris Thomas Weaver
Thomas 'fast lugs
Ezra S. Hayhurst
Wm Hays
Alma. Helflmistcho
M. Henderson
(Attest) S. Stiocu.Secretary.
G. L. FA USS,
}Assistant Secretaries.
J. WILLIAMS,
• • SECRETARY'S OFFICE.
Harrisburg, February 28, 1838. 5
I certify, that the foregoing is an exact and lite.
rat copy of the Constitution of the Common
wealth of Pennsylvania as amended by the Con
mention of one thousand eight hundred and thirty
,peven—thirty-eight," deposited in this °Rico on the
26th day of February, 1838; the Amendments be
ing in brackets, thus 3
•
Tllo. El. BURROWES,
Secretary of Me Commonwealth.
March 27, 1838. te-52
ROSE OINTMENT,
Tetteis Ringworms, Pimples on
la- the face,and other C.naneous eruptions,
prepared. bv VAUGIIMAN & DAVlS,hila
delphia. Sold at the Apothecary and Drug
Store of Dr. J. GILBERT.
Gettysburg, April 10,1838. tf-2
Office of the Star & Danner:
:::lianiber4urg Sired, a few doors West of
the Court-House.
1. The STI,II &I.:PUBLICAN BANNER is TO.,
.ished at TWO DOLLARS per annum (cm. Vol
ume of 52 numbers,) payable half -yearly in ad
vance: or T WO 'DOLLARS & FIFTY CENTS
if not paid anal after the capitation of the year.
11. No subscription will be received fur a shorter
period than six months; nor will the paper be dis
continued until all arrearages are paid, unless at
tire option of the Editor. A failure to notify a dis
continuance will be considered a new engagement,
and the paper forwarded. accordingly.
111. Airy tatrisxxxxxx nut exceeding a square,
will be inserted THREE times for $l, and 25 cents
for each subsequent insertion—the number of in
sertions to be marked, or they will be published till
'forbid and charged accordingly; longer ones in
the same proportion. A reasonablt• deduction will
be made to those who advertise by the year.
IV. All Letters and Commarunleatious albite:meal
to the Editor by mail must be post-paid, or they
will not be attended to
Jos. Konignacher
Jacob krebs
D. G. Long
David Lyons
Jacob B. Weidman
R. G. White
George W. Woodward
R. Young