The Star and Republican banner. (Gettysburg, Pa.) 1832-1847, June 12, 1838, Image 3

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    THE NEW CONSTITUTION.
CONSTITUTION
COMMONWEALTH OF PENNSYLVANIA,
AS AMF.7IDF.II By TUB COB'I'r:CTION Or 0:VB THOUSAND
.VF, The People of the Corron. , riwealth of Prnn
sylvania, ordain and estaLlish this Constitution fur
its Governme:it.
ARTICLE I
Section I. The lerti.d dive power of this Commen
wealth di tl be vested in a General 1,...mdy,
which shall consist of 4 Senate and House of ficioc
sentatives.
Section 11. The representatives shall la rhoten
annually by the citizens of the city of Phil adrlphia
and of each county tespectively un the second 'Tues
day of October.
Section 111. No person shall ho a representative
who shall not have attained the age of twen:y.orm
years, and have been a citizen and inhabitant of the
State three years next preceding his clorti .11, and the
last year thereof an inhabitant of the dixttirl in and
for which he shall be chosen a representa:ice,
he shall have been absent on the public bu , ine-s of
the Gaited States or of this State.
Section IV. Within three years after the lost
meeting of the General A• vrnbly; and within eveiy
subsequent term of seven years, en entunera; ion of
the taxable initabitants shall be mails 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 Le ti aurc,
and apportioned among the city of Philadelphia and
the several counties, according to the numb - es of
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 sepa
rate representation until a sufficient number of tax
able inhabitants shall be contained within it, to
entitle them to one representative agreeably to the
ratio which shall then be established.
Section V. The senators shall he chosen for Pay..
years by the citizens of Philadelphi i and of the
several counties at the same time, in the same man
ner, and at the same places where they hall r o te
for representatives.
Section VI. The number of Senators shall, at the
several periods of made .. the enumeration hrf.re
mentioned, be fixed by trie Legislature apis.;--
tioned among the districts formed as here;nafter
directed, according to the number of tax:oo.! inhabi
tants in each; and shall never be lest than elle
fourth, nor Ireater than one-third, of the number of
representatives.
Section VII, The senators shall be choseo in di , -
&lets, to be formed by the :t o re; no dis
trict shall be iolforraed as to entitle it to elect
than two senators, unless the nototin- of tyrobte ; n _
habitants in any city or county thull, of any
be such as !o entitle it to elect more thandwo,but no
city or county shall he entitled to elect more than
"our senators; when a district , hall be composed
of two or more counties, they shall he adjoining ;
neither the city of Philadelphia nur any COOL, ty shall
be divided in Cm min!! a district.
Section VIII. No person shall be a senator, who
shall not have attained the age of t wen v e years,
and have been a citizen and inhabitant of the St 1e
four years next before his election, and the last year
thereof an inhabitant of the district for which he
shall be chosen, unless he shall have been absent on
the public business of the United States or of this
State;and no person rlitrled as aforesaid, shall hold
said o ffice after he shall hare removed from such dis
trict.
Section IX. The senators who may be elected al
the first general election after the adoption of the
amendments to the constitution, shall be divided by
• lot into three classes. The scats if the senators of
the first class shall be vacated at the expiration qf
thefirst year; of the second class at the expirat ion
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 chosen,
every year. The senators elected before the amend
ment.: to the constitution shall he adopted, shall hold
their offices during. the terms for which they shut!
respectively have been elected.
Section X. The General Assembly shall meet on
the first Tuesday of January, in every year, wile',
eouner convened by the Governor.
Section XI. Each house shall choose its Speaker
and other officers; and the Senate shall also choose
a Speaker Pro tempore, when the Speaker shall ex
ere/se the office of Governor.
Section XII. Each house shall judge of the quali
fications of its members. Contested elections shall
be determined by a committee to be selected, formed
and regulated in such manlier as shall be directed by
law. A majority of each house shall constitute a
quorum to do business; but a smaller number may
adjourn from day to day, and may Le authorized by
law to compel the attendance of absent members, in
such manner and under such penalties as may be
provided.
Section XIII. Each house may determine the
rules of its proceedings, punish its members fur
disorderly, behaviour, and with the concurrence of
two-thirds, expel a member, but not a second time
for the same cause; and shall have all other powers
necessary for a branch of the legislature of a free
State.
Section XIV. The legislature shall not hare potrei
to enact laws annulling the contract of marriage in
any case where, by law, the courts of this Common
wealth are or may hereafter be empowered to decree
a divorce.
Section XV. Each house shall keep a journal et
its proceedings, and publish then: weekly, except
such parts as may require secrecy: and the yeas
and nays of the members ou any questiou shall, at
the desire of any two of them, be entered on the
journals.
Section XVI. The doors of each house and of
committees of the whole shall be upon, unless
when the business shall be such as ought to be ►opt
secret
Section XVII. Neither house shall, without the
cousent of the other, adjourn for more than three
days, nor 1.8 any other place than that in which the
two houses shall be sitting.
Section XVIII. The Senators and representatives
shall receive a cumpensatien fur their services to be
ascertained by law, and paid out of the treasury of
the Commonwealth. They shall in all cases, ex
cept treason, felony and breach or surety of the
peace, be privileged from arrest during their at
tendance at the session of their respective houses,
and in going to and returning from the same. And
for any speech or debate in either house, they shall
not be questioned iu any other place.
Section XIX. No Senator or representative shall,
during the time fur which he shill have been elect
ed, be appointed to any civil office under this Com
monwealth which shall have been created, or the
emoluments of which shall have been increased
during such time: and no member of Congress or
other person holding any office (except of attorney
at law and in the militia) under the United States
or this Commonwealth, shall lie a member of either
house during his continuance in Congress or in
office.
Section XX. When vacancies happen in either
house, the Speaker shall issue writs of election to
fill such vacancies.
Section XXI. All bills for raising revenue shall
originate in the house of representatives, but the
Senate may propose amendments as in other bills.
Section XXII. No money shalt be drawn from
the treasury but in consequence of appropriations
made by law.
Section XXIII. Every bill which shall have
passed both houses shall be presented to the Go
vernor. If he approve he shalt sign it, but if he
shall not approve he shall return it with his objec
tions to the house in which it shall hove originated,
who shall enter the objections at large upon their
journals and proceed to re-consider it. If, after
such re-consideration, two-thirds of that house shall
agree to pass the bill, it shall be sent with the ob
jections to the other house, by which likewise it
shall be re-considered, and if approved by two
thirds of that house, it shall Le a law. Hut in such
cases the votes of both houses shall be determined
by yeas and mays, and the names of persons voting
for or against the bill shall be entered on the jour
nals of each house respectively. If any bill' shall
not be returned by the Governor within ten days
(Sundays excepted) after it shall - have been pre
sented to him, it shall be a law in like manlier as if
ho had signed it, unless the General Assembly, by
their adjournment,,provent its return, in which case
it shall be a law, unless sent back within three
days after their next meeting.
Section XXIV. Every order, resolution or vote
to which the concurrence of both houses may be
necessary (except on a question of adjournment)
shall be presented to the 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 ease of a bill.
Section .X NV. No corporate body shall be hereafter
Mated, rewired or ;xtended, with honking or dis-
OrWttlftsg prit ilnyw , it.ittout ria frtnnls pr,v1.,141
THE NEW CONSTITUTION.
pu'dir notir , of the intended application for to.
same in such manarr as shall be prescribed by law
Nor shall any for the purposes aforesaid, be
granted for a ionizer period than lwen'y years, and
every such charter shall contain a Clause reserving
to the legislature the power to alter, revoke or annul
the same whenever in their opinion it May be inju
rious to the citizens of the rommonweakh, in surh
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 corpo
ration.
ARTICLE H
Section 1. The Supreme Executive power of this
Commonwealth shall tie vested in a Governor.
Sc ction 11. The Governor shall he chosen on the
second Tuesday of October, by the citizens of rho
Commonwealth, at the places where the; shall re
spectively vote for representatives.. The vetoes
of every election fir Governor shall be sealed o ,
•and transmitted to the real of kivernrn,m,
to the Speaker of the Senate, who
publish them in the presence of the memi,:s
both hooses of the legislature. The person ha v
the highest number of votes shall he Governor.
But if two or mufti shall be equal and highest in
votes, one of them shall he chum') Caymanr by the
joint vote of Lila members of Loth houses. Con
tested elections shall he determined by a Commi , hoe
to be selected from both lotuses of tha legishottre,
and formed a nil regulated in such manlier as
be directed by law.
Section 111. The Governor shall hold Os office
during three years from the third Toe,lay of Janu
ary next ensuing his election, and shall not be
capable of holding it longer than sit in any term
of nine years.
Section IV. Ife shall he at least thirty years of
ago, and have been a citizen and an inhabitant of
this State seven years next 'before his election ;
unless he shall have been absent on the public
business of the United-States or of this State.
Section V. Nu member of Congress or person
holding, any office under the United States or this
State shall exercise the, itfire of Governor.
Section VI. The Governor shall at stated times
receive for his services a compensation, which shall
he neither increased nor diminished tiring the
period for which he shall have her. electrl.
Section VII. He shall he commander-in-chief of
the army and navy of this Commonwealth. and of
the militia, except when they shall be called tom
the actual service of the United States.
Svction VIII. Ile shall appoint a Se-retary of the
Comsnanwealth during pleasure, and he shill nomi
nate and by and with th , ' adrire and ron.vPn! th ,
Senate appals): all judicial otheers of rourds of
record, usilres otherwise }world..d for in this Cans( i
tution. shall have power to fill all vacancies
that may happen in vet, qtices daring
reeepts of the Senate, by s'r • nnting COMMiSsions whirh
shall expire at the end qf their lin.ll a.s,iun : Pro
vided, that in aeling on ereca , ive nonina , ions the
Senate shall sit wills open (Lots, and in roafirosinc
or rejeciin , the nominationsthe Guvernar, (he
vole shall be taken by yens and nays.
Suction IX. Ile hare pot.cr to remit Fib,
and forfeiture% and grant '5 and pi;don:
except in cases of impeachment.
Section X. Ile may require information in writing,
from the officers in the executive department upon
any subject relating to the duties of their respec
tive offices.
Section XL lie shall, from time to time, give to
the General Assembly information of the state of
the Commonwealth, and recommend to their con
sideration such measures as he shall judge expedient.
Section XII. Ile may, en tra °Mina ry occasions,
convene the General As,ternbly ; and in case of
isagt cement between the two houses, with respect
to the time of niljotanment, adjourn them to such
thnc as he shall think proper, not exceeding four
months.
Section XIII. Ile shall take care that the laws
be faithfully executed.
Section .KIV. in ca:e of the death or resignation
of the Governor, or of his removal from office, the
Speaker of the Senate shall exercise the othce of
Governor, until another Governor shall be duly
qualified ; hut in such case another Governor shall
be chosen at the next annual election of representa
tives, unless such death, resignation or removal,
than occur within three calendar months immedi
ately preceding such nest anima/ election, in whirh
rase a Governor shalt be chosen at the second suc
ceeding annual election of representatives. And
if the trial of a contested election AaII continue
longer than until the third 451onday of January
next ensuing the election Governor, the Governor
of the last year or the Speaker of the Senate who
may be in the exercise of the executive authority,
shall continue therein until the determination of
such contested election, and until a Governor
be duly quo lined as SliOUPSaid• •
Section XV. 'lke Secretary of the Commonwealth
shall keep a fair register of all tho official acts and
proceedings of the Governor, and shall, when re
quired, lay the same and all papers, minutes and
rut:elms relati-e thereto, before either branch or
the legislature, and shall perform suth other duties
as shall be enjoined him by law.
ARTICLE 111
Section T. In elections by the citizens. every White
freeman sf the age of twenty-one years, having re
sided in this state one year, and in-the election dis
trict where he (pre to rote, ten days immediately
preceding such (tertian, and within two years paid
a State or County tar, whirl, shall hare been as
sessed at least ten days before the elertion,shall enjoy
(lie rights of an elector. But a citizen of the United
State.; who laid previously been a qualified voter of
this Stale, and removed therefrom and returned, and
who shall have resided in the election district, and
paid taxes as aforesaid, shall be entitled to rote,' fter
residing in the state sir nionth.l. Provided, that whit,
freemen, citizens of the United States, between the
ages of lwenfy-one and twenty-two years, and har
ing resided in the .Stale one year, and in the election
district ten days as Vorr,inici, shall be entitled to
vote, although they shall not hare paid hues.
Section 11. All elections shall be by ballot, ex
cept those by percuni iu titeit reprelmitative caps-
WbU shall vote viva yore.
Section 111. Electors sh. tl in all crises, except
treinimi. felony. ond breich ,1 the
he privileged (corn arrest, during thvir attendance
on elections, and in going to and returning from
them.
ARTICLE IV
Section I. The llousO of Representatives shall
have the sole power of impeaching.
, Section 11. All impeachments shall be tried by
the Senate; when sitting for that purpose, the
Sem:tots shall be upon oath or affirmation. No per
son shall be convicted without the concurrence of
two-thirds of the members present.
Section 111. The Governor, and all other civil
officers under this Commonwealth, shall be liable to
Impeachment for any misdemeanour in office; but
judgment, in such cases, shall not extend further
than to removal from office, and disqualification 15
hold any office of honour, trust or pyotit, under this
Commonwealth: The party, whether convicted or
acquitted, shall nevertheless be liable to indictment,
judgment, and punishment according to law.
ARTICLE V
Section T. The judicial power of this Common
wealth shall be vested in a Supreme Court, in
Courts of Oyer and Terminer and General Jail De
livery, in a Court of Common'Pleas, Orphans' Court,
Register's Court, and a Court of Quarter Sessions
of the Peace, for each county ; in Justices of the
Peace, and in such other Courts as The legislature
may from time to time establish.
Section U. The judges if the Supreme Court, of
the several Courts of Common 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 him. The judges of the Supreme
Court shall hold their offices for the term if fifteen
wars if they shall so lon7 behave themselves well.
The president judges of the several Courts of Common
Pleas and of such other Courts of Record as are or
shall be estoldislied by low, and all other judges re
quired to be learned in the law, shall hold their offices
Pr the term of ten years if they shall so lung behave
themselves will. The ilsoriate judges of the Courts
of Comnion Mac 4.01 l hold their offices for the term
office year if 'Girt shall-so long behave themselves
well. list for any reasonoVe cause which shall not
be sufficient ground if impiachnient, the Governor
may 101111VC any of than on the address of tito-lhirils
of each branch of the legislature. Tire judges of the
Supreme 1 . 011111 and the presidents of the several
Courts j Common Pleas shall ai stated limes receive
for their servircs an adequate compensation to be
fired by late, which shall nut be diminished during
their continuance in office, but they shall receive nu
tree or perquisites of office, nor hold any other office
of profit under this Commonwealth.'
Seetion 111. Until otherwise directed by My, the
Courts of Common Plea; shall continue as at present
edablished. Not mire thoujive ((unities shall at' any
time be inisluded in one judicial district organized
for said Courts.
Section IV. The jurisdiction of the Supreme
Court Fll.ll extend aver the State t and the judges
thereof, shall I r y vihtrio of thei.r attires,
jo.diee,7
of Oyer and Teitniner and Getieril Jul Delivery, in
Ibr: , excyd r
THE NEW CONSTITUTION.
Section V. The judges of the Court of Common
Pleas, at each county, shall by virtue of their
offices,
be justices of flyer and Terminer and Gene
ral Jail Delivery, for the trial of capital and other
offenders therein ; any two of the said judges, the
president being one, shall be a quorum : but they
shall not hold a court of Dyer and terminer, or jail
delivery, in any county, when the judges of the
Supreme Court, or any of them, shall be sitting in
the same county. The party accused, as well as
the Commonwealth, may, under such regulations as
shall be prescribed by law, remove the indictment
and proceedings, or a transcript thereof, into the
Supreme Court.
Section VI. The Supreme Court, and the several
Courts of common pleas, shall, beside the powers
heretofore usually exercised by them, have the
p , wer of a t of Ch incery, so far as relates to
the perpetuating; of testimony, the obtaining of
,•‘ (tom places not within the State, and the
tare of the persons and estates of those who are
non c.,Mp9IPS Ilentifl. And the legislature shall
in the said courts such other powers to grant
relief in comity, a 9 shall be found necessary : and
may, from time to time, enlarge or diminish those
powers or vest them in such other courts as they shall
judge proper, for the due administration of justice.
Section' VII. The judges of the court of common
pleas of each county, any two of whom shall be a
quorum, shall compose the court of Quarter Ses
sions 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
rourt of each county.
Section VIII. The judges of the courts of common
pleas shall, within their respective counties, have
the like powers with the judges of the Supreme
Court, to issue writs of certiorari to the justices of
the peace, and to cause their proceedings to be
brought before them, and the like right and justice
to be dome.
Section IX. The president of the court in each
circuit within such circuit, and the judges of the
Coati of common pleas within their respective
counties, shall he justices of the peace, so far as
relates to eiiminal twitters.
Section X. A register's office, for the probate of
wills and granting letters A* administration, and an
offiee fur the recording of deeds, shall be kept in
each county.
Section XI. The style of all process shall be
" The Commonwealth of Pennsylvania." All prose
cutions shall be carried on in the name and by the
authority of the Commonwealth of Pennsylvania,
and conclude " :against the peace and dignity of the
same."
ARTICLE VI
Section I. Sheriffs and coroners shall, at the
times and places of election of repregentatives,
chosen by the citizei..i of each county. One person
shall be chosen for each office, who shall be commis
sioned by the Governor. They shall hold their
offices for throe yearv, if they shall so long behave
themselves well, and until a successor be duly
qualified ; but no person shall be twice chosen or
appointed sherilf,in any term o f six years. Vacan
cies in either of the sail olhces shall be filled by
0 0 appointment, to lie made by the Gover n or, t D
continue until the .next generlil election, and until
a successor shall be chosen and qualified as afore-.
said.
Section 11. The freemen of this commonwealth
shall he armed, orgauf..rd and disciplined for its
defence, when and in such ?winner as may be direeled
by low. Those who conwientiously scruple to bear
arms, shall not be compelled to do so, but shall pay
an equivalent fur personal service.
Section 111. Prollomotarics of the Supreme
Court shall be appointed by the said Court for
the term of three years if they so long behave
ihemsehies well. Prothonolaries and clerks of the
several other courts, Recorders of deeds, and Re
gisters of wills, shall at the times and places of
election of representatives, be elected by the quali
fied elector., of each comity, or the districts over
which the jurisdiction of said courts extends, and
shall be commissioned by the Governor. They
shall hold their offices fi,r three years if !hey shall
so long behave themselves well, and until theiy
euccessors shall be duly qualified. The legisla
ture shall provide by law, the number of persons
in each county whu shall hold said offices, and
how many and which of said offices shall be held
by one person. Vacancies in any of the said of=
gores shall be jilted by appointments to be made
by the Governor, to continue unlit the next gene
ra/ election, and until successors shall L skcted
and qualified as aforesaid.
Section IV. Prothonotaries, clerks of the pence
and orphans' courts, recorders of deeds, registers of
wills, and -sheriff's, shall keep their offices in the
county town of the county in which they, respec
tively, shall be officers, unless when the Geverpor
shall, for special reasons, dispense therewith, fur
any term not exceeding five years after the county
shall have been erected.
Section V. All commissions shall be in the name
and by the authority of the Commonwealth of Penn
sylvania, and L.- sealed with the State seal, and sign
ed by the Governor.
Section VI. A State Trengurer shall he elected
'annually, by joint vote of bath branrhes qf the legis
lature.
Section VII. Justices of the peace or aldermen
shall be elected in the several wards, boroughs,
and townships at the lime of the'eh2ction of con
stables by the qualified voters „thereof, to such
number as shall be directed by law, and shall be
commissioned by the Governor fin- a term of five
years ; but no township, ward or borough shall
elect more than two justices of the peace or alder-
Men without the consent of a majority of the qua
lified electors within such township, ward or bo
rtnigh. _
Section VIII. All officers Whose election or ap
pointment is not provirkd for in this constitution,
shall be elected or appointed as :dud! be directed
by law. Nu person shall be appointed to any rtf
lice within any county who shall not /wee teen a
citizen and an inhabitant therein air year ne.rt
before his appointment, if the COO ota .1/in/i hare
been so long ere . ettor but if it .s.holl not hare been
by long erected, then within the limits of the
county or rowdier.: tart o f foam it ehall hare been
taken. No member if Congress front this slate,
or any person ludditrg or exercising any ryfice or
appointment of trust or profit under the United
Statis, shall al the same time hold or exercise any
gifice in this state, to which a &liar!" is, or fres or
perquisites arc by law, card;(17111 and the legisla
ture may by law declare what Stole officer are in
compatible. NO m ember of the Senate or of the
house of representatives shall be appointed by the
Governor to any Vice daring the term fur which
he shrill have been elected.
Section IX. !Wirers fa. a term of years
shall hold their qlfireB for the terms respectively
speclied, only on the comdilion !hut they so long
behave themselves well ; and shall be removed On
conviction of misbehaviour in rufice or if any in
famous crime.
Section X. Any person who shall, after the
adoption of the amendments imposed' by this
Convention to the Constitution, ji . ;111 a duel or
send a challenge fir purpose,ur be aider or
abettor in fighting a duel, shall be deprived of the
rikcht r f holding any of/ice of honour or profit in
!las Slate, and shidl be punished otherwise in stich
manner as is, or may be prescribed by law ; but
the executive may rentit the said q a gilice and all
its dint
ARTICLE
Section I. The legislature shall, as soon as con
veniently may be, provide by law, for the establish
ment of schools' throughout the State, in' such
manner that•the poor may be taught gratis.
Section 11. The arts and sciences :Mall be pro
moted in one or more seminaries of learning.
Section 111. The rights, privileges, immunities
and estates of religious societies and corporate bo
dies, shall remain as if the constitution of this State
had not been altered or amended.
Section N. Ila, legislature shall not invest any
corporate body or individual with the privilege
of taking private property fur public use, without
requiring such corporation or individual to make
compensation to the owners of said property, or
give adequate security therefor, before such pro
perty shall be taken.
ARTICLE VIII
Members of the General Assembly, acid all offi
cers, executive and judicial , shal I 'be bound by oath
or affirmation, to support the constitution of this
Ciimmonweallh, and to perfolin the duties of their
respective offices with fidelity.
ARTICLE IX
That the general, great and cs , sential principles of
liberty and free govertanent may lie recognised and
unalterably established, WE DECLARE, THAT
Section I. Ali nten ale Lion ec,u3lly free and in
dependent, and 113 ve certain iub. n tit and iudeleasible
which :•i' enjoying ami d d e _
',!
THE NEW CONSTITUTION.
and protecting property and reputation, and of pur
suing their own happiness.
Section IL All power is inherent in the people,
and all free governments are founded on their au
thority, and instituted for their peace, safety and
happiness ; For the advancement of these ends, they
have, at all times, an unalienable and indefeasible
right to alter, reform or abolish their government, in
such manner as they may think proper.
Section 111. All men have a natural and indefea
sible right to worship Almighty God, according to
the dictates of their own Cun , civncei ; no min can,
of right, he compelled to attend, r. - ect, or support
any place of worship, or to maintain any ininistry
against his consent; no hum in authority can, in any
case whatever, control or interfere with the rights
of conscience ; and no preference shall ever be
given, by law, to any religious establishments or
modes of worship.
Section IV. No person who acknowledges the be
ing of a God and a future state of rewards and pu
nishments, shall on account of his religbms senti
ments be disqualified to hohl any office or place of
trust or profit under this Commonwealth.
Section V. Elections shall be free and equal.
Section VI. Trial by jury shall be as heretofore,
and the right thereof remain inviolate.
Section VII. The printing presses , hall be free to
every person who undertakes to examine the pro
ceedings of the legislature, or any branch of go
vestment: And no law shall ever be in rile to re
strain the light thereof. The free communication
of thoughts and opinions is one of the invaluable
rights a Mao; and every citizen may lively sue ,k,
write and print on any subject, being it :ponsilde
for the, abuse of that lil,crty. In prosecutions for
the publication of papers investigating the official
conduct of ()dicers, or men in a public capacity, or
where the matter published is proper for public in
formation, the truth thereof may be given in evi
dence: And in all indictments for libels the jury
shall have a right to determine the law and the facts,
under the direction of the court, as in other cases.
Section VIII. The people shall be scenic in their
persons, houses, papers and possessions, from unretu
sonable searches and seizures: And no warrant to
search any place, or to seize ally person or things,
shall issue, without describing them as nearly as
may be, nor without probable cause supported by
oath or affirmation.
Section IX. In• all criminal prosecutions, the ac
cused bath a right to be heard by himself and his
counsel, to demand the nature and cause of the ac
cusation against him, to meet the witnesses face to
face, to have compulsory process for obtaining wit
nesses in his favour, and, in prosecutions by indict
ment or information, a speedy public trial, by an
itrfpartial jury of the vicinage; he cannot be corn-
Iled to give evidence against himself, nor can he
be deprived of his life, liberty, or property, unless
by the judgment of his peers or the law of the
land.
Section X. No person shall, for any indictable
offence, be proceeded against criminally by informa
tion, except in cases arising in the land or naval
forces, or in the„militia when in actual service in
time of war or public danger, or by leave of the
court, for oppression and misdemeanour in olfire. No
person Awl!, for the same (Aimee, be twice put in
jeopardy of life or limb ; nor shall any man's pro
perty lie taken or applied to use, without the
consent of his representatives, and without just
compensation being made.
Section XI. All courts shall be open, and every
111.111 for au injury done him in his lands, goods,
soil or reputation, shall have remedy by the due
course of law, and right sod justice administered,
without sale, denial or delay. Suits may be brought
against tic Commonwealth in such manner, in such
courts, and,in such cases as the legislature may by
law direct.
Section XII. No power of sot ,ewling laws steal
be exercised, unless by the legisl iliac, or its au
thority.
Section Xlll. Excessive bail shall not be re
(mired, nor excessive tines imposed, nor cruel pit
nighments indicted.
Section XIV. All prisoners shall be bailable by
sufficient sureties, on less for efi pi' al efrences, w hen
the proof is evident or presumption great; and the
privilege of the writ of habeas corpus shall not L.
suspended, unless ashen, in cases of sebelliun or in
vasion, the put tic safety may reptile it.
SF.No emoroksio n of oyer and Terminer
ur jail delivery shall be iisued.
Section XVI. The personof a debtor, where
thertil is not strong To -n.....iption TrtsWl, rh1.711
be continued in prison, after delivering up his estate
for the benefit of his creditors, in such manner as
shall be prescribed by law.
Section XVII. No Cr post facto law, nor any law
impairing contracts•Aall be mAde.
Section XVIII. No person shill attaintoi of
treason or felony by the legislature..
. .
Section XIX. No attainder shall work c!ortioti , m
of blood, nor; except during the life of the offender,
forfeiture of estate to the commonwealth ; the es
tates of such persons as skill de,troy their own
lives, shall descend or vest as in case of nantral
death ; and if any pei,on shall be killed by
casualty, there shall be no fuifeiture by reason
thereof.
Section XX. The citi7ens have a right, in a peace
able manne to assemble toezeth'er, fur their common
good, and to apply to those invested sviih the power's
of govermnent for red es: of grievanms, or other
proper purposes, by petition, address or remon
strance.
Section XXI. The right of citizens to bear arms,
in defence of themselves and the State, shill not he
questioned.
Section XXII. No standing army shall, in time
of peace, be kept up without the consent the Le
gislature ; and the military shall, in all cues, and
at all times, he in strict sunordinatim to the civil
power.
Section XXIII. No soldier shall, in time of peace,
be quartered in any house without the consent of the
owner, nor in time of war, but in a manner to be
prescribed by law.
Section XXIV. The legislature shall not grant
any title of nobility• or hereditary di , :tinction, nor
create any office the appointment to which shall be
for a longer term than during good behav iour.
Section XXV. Emigration from the State shall
nut he. prohibited.
Section XXVI. To guard against transgres,dons
of the high powers which we have delegated, W E
DECLARE, that every thing in this at tick is ex
cepted oat of the general powers of government, and
shalt for ever ternain inviolate.
ARTICLE X
Any amendment or amendments to this constitu
tion may be froposed in the Senate or Hawn. of Re
presentatives, and if lh' same shall be agreed to by
a majority of the members cic, led to each House, such
proposed amendment 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 lobe published three months before the
next election, in at least one newspaper ill every
county in which a newspaper shall be published; and
if in the legislature next ofterwards chosen such pro-
posed aniendment or amendments shall lie agreed to
by a majority of the members elected to each house,
the Secretary of the Commonwealth shall caps:" the
same again to be published in //tanner aforesaid, and
such proposed amendment or amendments shall be
submitted to the people in such manner and at such
time, at 'least three months, after being so agre'ed to
by the two houses as the legislature shall prescribe;
and if the people shalt approve and ratify such
amendment or amendments by n majority of the qua
lified voters of this State voting thereon, such amend
ment or amendments shall become a part of the con
stitution ; but no amendment or amendments shall
be submitted to the people oftener than once in five
years ; Provided, that if' more than one amendment
be submitted, they shall be submitted in such manner
and form, that the people may rote for or against
each amendment separately and distinctly.
SCHEDULE?
That no inconvenience may arise from the altera
tions and amendments in the Constitution of this
Commonwealth, and in order to carry the same into
complete operation, it is hereby declared and ordain
ed, That,
Section I. All laws•of this Commonw,ealth in force
at the time when the said alterations and amend
ments ib the said Constitution shall take effect, and
not inconsistent therewith, and all rights, actions,
prosecutions, claims, and contracts as well of indi
viduals as of bodies corporate, shall continue as if
the said alterations and amendments had not been
made.
Section IL The alterations and amendments in the
said Constitution shall take effect from the first day
of January, eighteen hundred and thirty-nine.
Section 111. The clauses, sections, and articles of
the said Constitution, which remain unaltered, shall
continue to be construed and have effect as if the
said Constitution had not been amended.
Section IV. The General Assembly which shall
convene in December, eighteen hundred and thirty
eight, shall continue its session, as heretofore, not
withstanding the prOvision in the eleventh section
of the first article, and shall at :41 times be regarded
as the first General Assembly under the amended
Constitution.
Section V. The Governor who shall he elected in
rictotier, eighteen bombed and thirty-eight, shill be
ea the tliirit rues,' me In January
THE NEW CONSTITUTION.
eighteen hundred and thirty-r u ne, to which time
the present executive term is hereby extended.
Section VI. The commissions of the judges of the
Supreme Court, who maybe in office on the first day
of January next, shall expire in the following man
ner: The commission WO Ir bears the earliest date
shall expire on the first day of January, Anno Do
mini one thousand eight hundred and forty-two; the
commission next dated shall expire on the first day
of January, Ammo Domini one thousand eight hun
dred and forty-fire; the commission next dated shall
expire on the first day of January, Anna Domini
one ill:Amami eight. humlred and forty-eight; the
commission next tilted shill expire on the first day
of January, Anne Domini one thousand sight bon
-1,,,d and fifty-one; and the commission last dated
shlil expire on the first day of January, Anno Do
mini one thousand eight hundred and fifty-four.
Section VII. The commissions of the PreAident
judges of the several judicial districts and of the
a , :sociate law judges of the first judicial district shall
I , 3,;:ite as flitmcs : The commissions of one-half of
those who shall have held their offices *en years or
more at the adoption of the itmendmen to to the consti
tution, shill expire en the twenty-seventh day of Fe
bruary,one thousand eight hundred and thirty-nine;
the commiscOps.of Ant: Other half of those who shall
ice held diet offieei ten yeats ur more at the adop
tion of the amendments to the constitution, shall
expire on the twent-seventh day of February, uric
thousmid eight hundrod.and forty-two ; the first hilt
to embrace those whose. commis;ions shall bear the
oldest date. The commissions of all the remaining
judges who shall nut have held their ()filets for ten
years at the adoption of the amendments to the con
ittition shall expire on the twenty-seventh day of
Felon:it,' next niter the end of ten years from the
late of their commissions.
Section VIII. The Recorders of the several May
ors' Courts, and other criminal count ill this Com
monwealth, shall tie appointed for the same Urns . ,
and in the same trimmer, as the president judges
of the several judicial di , tricts t of those now in
office, the COMMiScitill oldest in date shall expire on
the twenty-seventh day of February, cnc thousand
eight hundred and forty-ene, anal the others every
two years thereafter according to their respective
dateq. Those oldest in date expiring first.
Section IX. The legislature at its first session un
der the amended constitution, shall divide { theother
associate judges of the 't.tte into four chtOlerf. The
COMIlli•011011,4 of those of the first class shall,expire
on the twenty-seventh day of February, eighteen
hundred and fur ty ; of those of the second class on
the twenty-seventh day of Fet , rmry, e ight een hun
dred and forty-one; of those of the third class on
the twenty-seventh day of Velnuat v, eighteen hun
dred and forty-two; and of those of the f our th c l ass
on the twenty-seventh day of Fiobritary, eighteen
hundred and forty-three. The said clos:zes f r om th e
first to the f milli shall be arianged according to the.
seni oily of the emontis,ims of the several judges.
Section N. Piutlionotat Ms, clerks of the second
courts (except of the Stimelne Court) rcc.iiders of
deeds and registers of wills, shall be lust elected under
the amended Constitution, at the election of repre
sentatives in the year eighteen bund l ed and thirty
'line, in such 111:11iller as may be ;weir, it'd by lose.
XI. The appointing p o wer shall rein:Lill as
heretofore, and all linker . ; in the appointment of the
executive department shall continue in the exercise
of the duties of their respective nllicit until the
legislature shall pass such 11.ws as may be requiiiiil
by tilt eighth section of the sixth article of the
arnended constitution, and until appointments shall
be made under such laws ; unless their commissions
shall be superseded by new appointments, or shall
sooner expire by their own limitations, or the s
offices shall become vacant by death ur resign.ition,
and such laws shall lie enacted by the first legisla
ture tinder the amended constitution.
Section XII. The first election for alilminen nod
justices of the peace ,hull be held in the rest eight
et', hundred and fit ty, at the lithe fixed for ti.
election 14 constables. The legislature at its fns'
the Mended constitution shall pro
vide fur the said election and for subse r pient
elections. The aldermen and justices of the • ; • 1 • :• ,. .
W • commission, or who may in the intiirinihe
shall continue to discharge the ditties of
then iespective offices, until fifteen days after the
Jay which shall be fixed by law for the issuing of
new commissions, at the expiration of whirl, trine,
Judr commissions shall expire.
In testimony that the foregoing is the amended
constituti m of Pennsylvania, as agreed to in
cotwvntinn, We ittm rancor* ernal member , . of
eonvention have hereunto signed Our names ut
Philadelphia, the twenty-second day of Febru
ary, Alum Domini one thousand eight hundred
andthirty-eight, and of the Independence of
the United States of America the sixty-second.
JOAN SERGEANT, President.
DI niel Agnew, Ezra S. Hayhurst,
Win. Ayres, \Vm. !lays,
NI. W. Baldwin, Alan. Ilelljenstein
Ephriim Ilanks, Id. ilenditrson,
John V. Barclay, Won. Henderson,
Jacoli Darniliilar, • Wm. Ifiesti•r,
Chas. A. Ilarnitz, William High,
Andrew Bedford, Jos. Hopkinson,
Th,.s. S. Dell, Jidin Ilimpt,
James Cornell Biddle, Jabez Hyde
Le` tens L. Bigelow, Charles Jared Ingersoll,
S .Tlll. C. Bonham, Phi. Jenks,
i 'has. Brown, George M. Keim,
..temiah Brown, James Kennedy,
WiDiam Blown, Aaron Kerr,
Pierce Butler, Jos. Kunigmacher,
Samuel Carey, Jacob Krebs,
John Cummin, 11. G. Long,
Th.mias S. Cunningham, David Lyons,
William Curl!, Alex. Magee,
Wm. Darlington, Joel K. Minn,
George Chambers, \V. M. Meredith,
John Chandler, James Merrill,
J.I. R. Chandler, Levi Merkel,
Ch. Chauncey, %Vm. L. Miller,
Nathaniel Clapp, James Montgomery,
James Clarke, Christian Meyers
John Clarke, I). Nevin,
William Clark, Wm. Overfield,
A. J. Cline, Hiram Payne, '
Lindley Coates, Matthias Pennypacker,
R. E. Cochran, James. Porter,
Thos. P. Cope, James Madison Porter,
Joshua F. Cox, Sand. A: Purviance,
Walter Craig, ' . .E. C. Iteigart,
Richd. M. Crain, A. H. Read,
Geo. T. CriirfOrd, Geo. W. Biter,
Cornelius Cram, .. Jno. Ritter,
Benjn. Martin, H. Gold Rogers,
John J. M'Calien, Samuel Royer,
E. T. M'Dowell, James M. Russell,
James M'Sherry Daniel Saeger,
Mark Darrah, 'John Morin Scott,
Ilarmar Denny, Tobias Sellers,
John Dickey, G. Seltzer,
Joshua Dickerson. Geo. Serail,
Jacob Dillinger, Henry Scheetz,
Jas. Donagan, George Shilleto,
J. It. Donnell, Thomas H. Sill,
Joseph NI. Doran, Geo. Smith,
James Dunlop, Wm. Smyth,
Thomas Earle, Joseph Snlvely,
D. M. Family, Jno. B. Sterigere,
Robt. Fleming, Jacob Stickel,
Walter Forward, Ebenezer W. Sturdevant
John Foulkrod, Thomas Taggart,
Josef!) Fry, Jr. Morgan J. Thomas,
John Fuller, James Todd,
John A. Gamble, Thomas Weaver,
William Gearhart, Jacob .B. Weidman
David Gilmore, R. G. White,
Virgil Grenell, Geo. W. Woodward,
William L. Harris, R. Young.
Thomas Hastings,
•
(Attest,) S. Snocir, Secretary.
G. L. BAD!,
J. WILLIAMS, Assistant Secretaries.
SECRETARY'S OFFICE,
Ilministarna, FEBRUARY 28, 1838.
I certify, that the foregoing is an exact and litera
copy tf " the Constitution of the Commonwealth of
Pennsylvania as amended by the Convention of one
thousand eight hundred and thirty-seven—thirty
eight," deposited in this office on the 26th day m;
February, 1838 ; the fummdments being in Walk,
and the retained portions of the present Constitu
tion in roman letter.
THO. If. BUIHIOWES,
Sec'y of the Commonwealth.
March 27, 183 R. to-52
Kr. To Parents. -
D R. STOUSE'S . INFANT DROPS,n
safe, effeCtual and speedy remedy for
the diseases or young children,such as colic,
convulstens,restlessness, griping, disordered
bowels, green stools, sour vomiting, flatn
lency, &c. This article is not a new inven•
tion, but one whose merits have been tested
by tiine, and found fully adequate to the pur•
poses for which they are recommended.
Price 25 cents a bottle, and for sale nt
the Drug Store of
Dr. J. GILBERT.
Feb. 6, 1R:39..
PUBLIC NOTICES.
INEJLITIFUL , RIEVID OF. ILIMI
is the grandest ornament belonging to the
human frame. How strangely the lose of it chan.
gas the countenance and prematurely brings on
the appearance of old age, whiol, causes many. to
recoil at being uncovered, and sometimes even to
shun society to avoid the jests and sneers of their
acquaintance; the remainder of their lives are con
sequently spent in retirement. In short, not even
tho less of property fills the generous thinking
youth with that heavy sinking gloom as does the
loss of his hair. To avert all these unpleasant dr
eurnsin flees, OT.DitIDGE'S BALM OF CO
LUMBIA stops the hair from flitting ?Won the
fi, at lopplirattort and a few bottles resforos it affair.
it lilt PWI4O produces eyebrows and whiskers; pro
3
venis the hair from turning grey, makes it curl
and frees it from scurf: Numerous
certificates oldie first respeetab.lity in support of
the virtues of Oldridgo's Balm, are shown by the
proprietors.
10 - flend the following: -
ROBERT WHARTON, Eq. lute Miyor or
Philadelphia', has certified, as may he seen below,
to dm high character of the following gentlemen..
The undersigned do hereby certify that. we hove ,
used the B a l m of Columbir discovered by J. 014
ride.. and have found it highly serviceable net
only as a preventive against the falling off of hair,
hut. also a certain restorative.
GYM. THATCHER, senior,
Methodist Minister in St. George cherffe,
No. 86 North Filth-street.
JOHN P. INGLIS, 331 Arch street.
JOHN D. TMOM AS, M. D. 163 Race at.
JOHN S. FUREY, 101 Spruce at.
HUGH McCURDY, 243 South 2d st.
JOHN GARD, Jr. 123 Arch at.
The aged, and those who persist in wearing
wigs, may net always experience its restorative
qualities, yet it will certainly raise its virtues in
the estimation oldie public,when it is known that,
three of tire above Signers aro more than 50 years
of ago, and the others not loss than 30.
COMMONWEALTH OP PF.NNOYLVANIA.
City of Philadelphia.
I, ROBERT W 11ARTON, Mayor ofsaid city
of Philadelphia, do hereby certify that I ant well
acquainted with Messrs. J. P. Inglis, John S. Fu
rey, and Hugh McCurdy,wlyise names ore signed
to :he above certificate, that they are gentlemen
of character and respectability. and as such full
credit should be given to the said certificate.
In witness whereof, I have hereunto set my
bond, and caused the veal of the city to ho affixed,
I LS. ] this sixth slay of December, &c•
ROBERT WHA RTON , Mayor.
OBSERVE that each bottle of the Genuine Wm
has n splendid engraved wrapper, on whielirlit
represented the Fulls of Niagara, Ste.
For Kilo at v.bnlesalo by Comarooer&Ca.Solo
Agents for America, Now-York \ and blitinnrt
druggists throughout America. •
.
Piles or ileeenotirli'
. OA
K- - r- 'l o THE AI. FLI6TED - PUBLI& e 4.
1 - VT is considered of groatimPortance foe& ;,•
public to know the following, facia
About four rut s ago, Polamon Hays, the poi.;
son to whom the celebrated , Dr. Gridley had, on
his death bed, imparted the secret of making a
iniment to cure the Piles, authorized it to be
put up and sold under the name of Hays' Lini
ment, and enjoined that all who 'would use one
bottle for the Piles, and return tho . empty bottle,
should have the price refunded.
Since that limo, upwards of fifty thousand boll
ties have boon sold, out of whiCh,.not ten have
boon returned, and those only because the per ,
suns did not use it properly ! ! Such wonderful
success, probably, never attended any other arti
cle. It is now determined by the proprietor, thLt
the public shall be made more fullpacquainted
with its virtues, so that those §:offering with that
J. edrul aomplesisiot ••••••7 nvs I thomeelvon olitsuse,
There aro many thousand certificates of the
most respectable and authentic character,niany of'
which may bo examined whore the article is sold.
It is used as an external application, and for
many other complaints enumerated in the wrap.
per, is considered remarks hly etrective ; but for
the PILES it has no equal, and the agents are now
bound to refund in all cases where it doespot cure.
It is being used in Hospitals in our pi incipal
cities with groat effect.
No FICTION.--This extraordinary chemical
composition, the rei ult of science and the invon.
tion of a celebiated medical man, the Introduction
of which to the public was invested, with the so.
lemnity of a deathbed bequest, has since gained
a reputation unparalleled, fully sustaining the
correctness of the lamented Dr Gridley's lust
confession, that "he dared not die withouttgiving
to posterity the benefit of his knowledge on this
subject," and lie therefore bequeathed to his friend
and attendant S. Hays, the seerst of his discovery.
It is now used in the principal hospitals, end
the private practice in our country. first and most
certainly for the curd of the PILES, and also so
extensively and effectually as to bafille credulity,
unless where its effects are w itneased. External
ly in the following complaints :
For Dropsy.—Croating extraordinary absorp;
don at once.
All Swellings.—Reducing them in a few hours.
Rheumatism Acute orChronicariving quick oabe
Sore Throat.—By cancers, ulcers or colds.
Croup and Whooping Cough —Externally anti
over the chest.
AB Bruises, Sprains, and Burns, curing in a
few hours.
Sores and Ulcers.—Whothor fresh or long
standing, and Favor sores.
Its operation upon adults and children in redo..
sing rheumatic swellings, and loosening coughs
and tightness of the chest by relaxation of iho
parts, has been surprising beyond conception.—
The common remark of those who have used it
in the PILES, is, "it acts liko a charm.".,
It is used only as an external application, and
us sovereign power in curing the abova nomad
cimplaints, is
_justified by scientific principles.
CAUTION.—Oberve I.llot each bottle of Um gen.
uino has a splendid engraved wrapper with tho
name of Mr. Bays and Comstock & Co. on it.
icrFor Sale at the Drug Store of
SAMUEL H. BUEHLER.
Gettysburg, Oct. 13, 1837. eowl y-28
Dr. Peters' Vegetable Pills.
r47IfIE immense and increasing popularity of
-I- those pills is another proofof the infallibili
ty of the old adage that "truth is powerful and
will prevail." Other pills are only puffed,but Dr.
Peters' aro purchased and praised, & recommend.
od until the demand for them has become almost
universal.
Dr. Peters would impress this fact upon tho
public, that his pills are not a quack m edicine,but
a scientific compound of simples which has been
the result of many years intense a pplication to a
profession in which he was regularly bred, and
hence it is as popular with the regular faculty ati
with the people at largo.
One of the many peculiar virtues of the Vegeta.
ble Pills is, that while very powerful in its offocin;
it is particularly mild and gentle in its action. —
Unlike the generality of modielnes,its application
is never attended with nausea or griping._
For sale at the Driig Store of
Dr. J. GILBERT, Agent.
Gettysbui g ,Jan. 5, 1838.
VAUGHAN & PETERSON'S RED
LIN I MENT, an article superior to all
other applications for Rheumatism, chit•
blains, sprains, numbness of the limbs,weak
ness and stiffness of the joints, sore threat,
&c., which has effected cures,• in several
cases which had baffled the most respecta
ble medical aid.
Price 50 cents a bottle, to be had at the
Drug Store of
Dr. J. GILBERT, Gettysburgh.
May 1, 1838. (1-5