The Star and Republican banner. (Gettysburg, Pa.) 1832-1847, July 31, 1838, Image 3

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    ADVERTISEMENTS.
Kettietvell,Wilson 61P llillard
GROCERS & COMMISSION
MERCHANTS,
Corner of Commerce and Pratt Streets,
BALTIMORE,
OFFER to the Country trade for Cash
or prompt payment, the following
GOODS•
•
TO WIT
50 Us. S. 11. &Molasses
20 hhds. West India & N. Orleans ditto
200 bags Rio Coffee ' (part strong scented)
100 " Laguim do.
100 " Havana do.
50 hhds. N. Orleans & Porto Rico Sugar
10 pipes and half pipes Champagne and
Rochelle Brandy
5. " Gin
50 tierces Honey
200 boxes Raisins
100 quarto do.
150 eighth do. Fresh Importation.
50 kegs do.
TOGETUER WlTnt
Cinnamon, Cloves, Pepper, Teas in chests,
half chests and boxes, 4-c. 4-c.
Baltimore. Nov. 17, 1837. lf-33
CO-PARTNERSHIP.
DAVID =cam .
AND
DANIEL TRIMMER.
HAVE this day entered into Partnership
in the businos of
C ABUNIET 413.1.1 i G,
IN ALL ITS VARIOUS !MANURES:
which they will carry on at the Old Stand
of David Heagy, in Chambersburg Street,
Where they will keep constantly on hand
for sale, at the lowest prices,
Bureaus, Tables, Bedsteads,
and all other articles in the line of their
business
0 - They will also make C 0 FFI XS
on the shortest notice—and have a HEARSE
with which they will attend Funerals when
required.
They hope for a share of public patron.
age, and will endeavor to deserve it.
DAVID HEADY ;
DANIEL TRIMMER.
March 13, 1838. ' tf-50
NOTICE.
ALL persons indebted to the Estate o
JOHN MILLER, late of Germany
township, Adams county, deceased, are de-
sired to call with the Subscriber, and make
immediate payment, and those who have
claims against said Estate, are requested to
present them, properly authenticated for
settlement.
The Administrator resides in 11fountjoy
township.
FREDERICK COLEHOUSE,
Administrator de bouis non.
June 26, 1838. Bt-13
NOTICE*
r I IHE Subscriber, residing in Monntjoy
township, hereby gives notice to all per
sons indebted to the Estate of
ANDREW ROHRBAUGH,
late of Germany township, Adams County, Pa.
deceased. to call and mako immediate payment,
and those having claims against said Estate, will
present thorn without delay, p openly authen
ticated, for settlement.
FREDERICK COLEHOU SE, A dm'r.
June 26, 1838. 6t-18
Encampment of Fblunteers.
THERE will be an Encampment of Vol
unteers formed at Gettysburg, in Ad
ams County, Pa. commencing on Thursday
the 13th of September next, and to continue
for three days. The Encampment will be
formed by the "American Union Battalion,"
but the different Volunteer Companies with
in the bounds of Adams and the neighboring
Counties, are all invited to attend: as also
the Commissioned and Staff officers of Mili
tia, of the 2d Brigade, bth Division Pa: Mi.
.Tents, fuel, Zee. will be provided in suffi
cient quantities-on the ground.
T. C. MILLER, Brig. Gen.
S. B. McCREAKY, Capt.
D. M. BMYSER, Ist Lieut.
A. B. KURTZ,
R. F. McCONAUGHY,
WM. KING,
Committee of Arrangement.
Gettysburg, July 3, 1838. to-14
"1 111 ;4
THE bubscribor has opened a Shop, on
Second street, a few doors east from
the Market House,in Chambersburg, where
he will build SMITH GARDNER'S
PORTABLE HORSE POWER
THRESHING MACHINE,
which he will sell in Franklin, Adams and
Bedford counties. These machines are now
in operation in this county, and are equal if
not superior to any other —and may be had,
by persons wishing to obtain them, in any of
the above named counties, on the shortest
notice, by applying to the subscriber, who
hopes by strict attention to business to secure
a share of public patronage.
tr.rAn advantage which this Machine
has over others, ie that the horse power is
constructed to work under the overshot of a
barn, so that rain does not interfere with its
operations.
JOHN TAYLOR.
Chambersburg, June 5,1838. tf-10
g o FRESH DRUGS
AND
JELZBIDZEOWP2Bab
:11UST received and for sale, at the Store
OF of the subscriber, in Baltimore street,
Gettysburg,
• fa EMI SUPPLY OP
DRUGS AND MEDICINES,
of the best and purest quality—Augether
with
OILS. P /LINTS. &c.
JESSE GILBERT.
tf.9
Mu 10, Mil.
TIIE NEW CONSTITUTION.
CONSTITUTION
COMMONWEALTH OF PENNSYLVANIA,
Al AMENDED BY THE CONVENTION OT ONE THOUSAND
EIGHT HUNDRED AND THIRTY-SEVEN- •
THIRTY-EIGHT.
WE, The People of the Commonwealth of Penn
sylvania, ordain and establish this Constitution for
its Government.
ARTICLE T
Section 1. The legislative power of this Common
wealth shall be vested in a General Assembly,
which shall consist of a Senate and House of Repre
sentatives.
Section If. The representatives shall be chosen
annually by the citizens of the city of Philadelphia
and of each county respectively on the second Tues
day of October.
Section M. 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 represent af ire, unless
he shall have been absent on the public business of
the United States or of this State.
Section IV. Within three years after the firs ,
meeting of the General Assembly, and withiu ever)
subsequent term of seven years, an enumeration of
the taxable inhabitants shall be made in such man
ner as shall be directed by law. The number of
representatives shall, at the several periods of mak
ing such enumeration, be fixed by the Legislature.
and apportioned among the city of Philadelphia and
the several counties, according to the number of
taxable inhabitants in each: and shall never be less
than sixty net 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 be chosen for three
years by the citizens of Philadelphia and of thi ,
several counties at the same time, in the same man
ner, and at the same places where they shall vote
for represen
Section VI. The number of Senators shall, at the
several periods of making the enumeration before
mentioned, be fixed by the Legislature and appor
tioned among the districts formed as hereinafter
directed, according to the number of taxable inhabi
tants in each; and shall never be less than one
fourth, nor greater than one-third, of the number of
representatives.
Section VII. The senators shall he chosen in dis-
tricts, to be formed by the legislature ; hat no dis
trict shalt be so formed as to entitle it to elect more
than two senators, unless the
_number of taxable in
habitants in any city or coon'', shqll of
be such as to cradle it to elect more than two, but no
city or county shall he entitled to elect more than
'our 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.
Section VIII. No person shall be a senator, who
shall not have attained the age of twenty-five years,
and have been a citizen and inhabitant of the State
four years next before his election, and the last year
thereof an inhabitant of the district for which 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 elected as aforesaid, shall hold
said office after he shall have removed from such dis
trict.
Section IX. The senators who may be elected at
the first general election after the adoption of the
amendments to the constitution, shall be divided by
lot into three classes. The 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 nwnber of senators may be chosen
every year. The senators elected before the amend
ments Co the constitution shall be adopted, shall hold
their offices during the terms for which they shall
respectively have been elected.
Section X. The General Assembly shall meet on
the first Tuesday of January, in every year, unless
sooner 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
ercise 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 manner as shall be directed by
law. A majority of each house shall constitute a
quorum to do business; but a smaller number may
adjourn from day to day, and may be authorized by
law to compel the attendance of absent members, in
such manner and under such penalties as may be
provided.
Section XIII. Each houie may determine the
rules of its proceedings, punish its members for
disorderly behaviour, and with the concurrence of
two-thirds, expel a member, but not a second time
for the same cause; and shall have all other powers
necessary for a branch of the legislature of a free
State.
Section XIV. The legislature shall not have power
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 of
its proceedings, and publish them 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 the
journals.
Section XVI. The doors of each house and of
committees of the whole shall be open, unless
when the business shall be such as ought to be kept
secret
Section XVII. Neither house shall, without the
consent of the other, adjourn fur more than three
days, nor to any other place than that in which the
two houses shall be sitting.
Section XVIII. The Senators and representatives
shall receive a compensation for 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 house;
and in going to and returning from the same. And
for any speech or debate in either house, they shall
not be questioned in any other place.
Section XIX. No Senator or representative shall,
during the time for which he shall 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 timer and no member of Congress or
other person holding any office (except of attorney
at law and in the militia) under the United States
or this Commonwealth, shall be,a member of either
house during his continuance in Congress or ID
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 shall 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 shall sign it, but if he
shall not approve he shall return it with his objec
tions to the house in which it shall have 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 past 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 s'aall be a law. But in such
cases the votes of both houses shall be determined
by yeas and nays, 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 manner as if
he bad signed it, unless the General Assembly, by
their adjournment, prevent 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 case of „a bill. . .
Section XXV. No corporate body shall be hereafter
treaded, renewed or extended, with banking or dis
counting priodres, without as: wrath: prsetaus
THE NEW CONSTITUTION.
pudic notice of the intended application for Ow
same in such thanner as shall be prescribed by law
Nor shall any charter for the purposes aforesaid, be
granted for a longer period than twenty years, and
every such charter shall contain a clause reserving
to the legislature the power to alter, revoke or annul
the same whenever in their /pinion it may be inju
rious to the citizens of the commonwealth, in such
manner however that no injustice shall be done In the
corporators. No law hereafter enacted, shall create,
renew or extend the charter of more than one corpo
ration.
ARTICLE. IL
Section T. The Supreme Executive power of this
Commonwealth shall be vested in a Governor.
Section 11. The Governor shall 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 Senate, who shall open and
publish them in the presence of the members of
both houses of the legislature. The person having
the highest number of votes shall be Governor
But if two or more shall be equal and highest in
votes, one of them shall be chosen Governor by the
joint vote of the members of both houses. Con
tested elections shall be determined by a Committee
to be selected from both houses of the legislature,
and formed and regulated in such manner as shall
he directed by law.
Section 111. The Governor shall hold his office
during three years from the third Tuesday of Janu
ary next ensuing his election, and shall not be
capable of holding it longer than six in any term
of nine years.
Section IV. He shall be at least thirty years of
age, and have been a citizen and an inhabitant of
this State seven years next before his election ;
unless he shall have been absent on the public
business of the United States or of this State.
Section V. No member of Congress or person
holding any office under the United States or this
State shall exercise the office of Governor.
Section VI. The Governor shall at stated times
receive for his services a compensation, which shat!
be neither increased nor diminished during the
period for which he shall have been elected.
Section VII. lie shat' he commander-in-chief of
the army and navy of this Commonwealth, and of
the militia, except when they shill be called into
the actual service of the United States.
Secticin V 111. lie shall appoint a Secretary of the
Commonwealth daring pleasure, and he shall nomi
nate and by and with the culvire and consent of the
Senate appoint all judicial officers of courts of
record, unless of to.rwise provided for in this Consti
tution. Ile emit have power to fill all vacancies
that may happen in such judicial offices during the
recess of the Senate, by eranting commissions which
shall erpire al the end of their next sossion : Pro
vided, that in acting on eiccutive nominations the
Senate shall sit with open doors, and In ro , ttirming
or rejecting the nominations of the Governor, the
rate Mill be Aiken by ye Is a a I nays.
Section IX. lie Alit: have power to remit for.
feituro4, :and zt es and p..:d
except In case. of impeachment.
Section X. lie nay reiiiiiie information in writing,
from the officers in the executive department upon
any subject relating :0 the duties of their respec
tive offices.
Section XI. Ile shall, from time to time, give to
the General Assembly information of the state of
the Commonwealth, and recommend to their con
sideration such tneasutes as he shall judge expedient.
Section XII. lie may, on extraordinary occasions,
convene the General Assembly ; and in case of
disagreement between the two houses, with respect
to the time of adjournment, adj turn them to such
time ns he shall think proper, not exceeding four
months.
Section XIII. He shall take care that the laws
be faithfully executed.
Section XIV. In ease of the death or resignation
of the Governor, or of his removal from oilier, the
Speaker of the Senate shall exercise the office 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,
shall occur within three calendar months immedi
ately preceding such next annual election, in which
case a Governor shall be chosen al the Second sue
!reeding annual election of representatives. Mid
if the trial of a contested election shall continue
longer than until the third Monday of January
next ensuing the election of Governor, the Governor
of the last year or the Speaker of the Senate who
may be in the exercise of the executive authority,
shall continue therein until the determination of
such contested election, and until a Governor shall
be duty quallfied as aforesaid.
Section XV. The Secretary of the Commonwealth
shall keep a fair register of all the official acts and
proceedings of the Governor, and shall, when re
quited, lay the some and all papers, minutes and
vouchers relative thereto, before either branch of
the legislature, and shall perform such other duties
as shall be enjoined hint by law.
ARTICLE 111
Section 1. In elections by the citizens every white
freeman of the age of twenty-one years, having re•
sided in this state one year, and in the election dis
trict where he offers to rote, len days immediately
preceding such election, and within two years paid
a State or County tar, which shall hare been as•
sessed at least ten days kfuce the election, shall enfoL.
the rights of on elector. Ilot a citizen of the United
States who had previously been a qualified voter of
this State, and removed therefrom and returned, and
who shall hare resided in the election district, ant
paid tares as af , tresa id, shall be entitled to rote, after
residing in the stare six months. Provided, that white
freemen, citizens of the United States, between the
ages of twenty-one and twenty-tiro years, and hav
ing resided in the State one ye •r, and in the election
district len days as aforesaid, shall lie entitled to
rate, although they shall nut have paid taxes.
Section it. All elections shall be by ballot, ex
cept those by persons in their representative capa
cities, who shall vote viva voce.
Section 111. Electors shall in all cases, except
•reason. feltalv. and bn•ach nr RITIEPtV of the peace
be privileged from arrest, during their attendance
on elections, and in going to and returning from
them.
ARTICLE. IV
Section 1. The House 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
Senators shall be upon oath or affirmation. Nu per
son shall be convicted without the concurrence of
two-thirds of the members present.
Section ill. The Governor, and all other civil
officers under this Commonwealth, shall he liable to
impeachment for any inisdemeanuur in office; but
judgment, in such cases, shall nut extend further
than to removal from office, and disqualification to
hold any office of honour, host or profit, under this
Commonwealth r The party, whether convicted or
acquitted, shall nevertheless be liable to indictment,
trial, judgment, and punishment according to law.
ARTICLE V.
Section I. The judicial power of this Commas
wealth shall be vested in a Supreme Court, in
Courts of Oyer and Tenniner 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 11. The judges of 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 terns of fifteen
Years if they shall so long behave themselves well.
The president judges qf the several Courts of Common
Pleas and of such other Courts of Record as are or
shall be established by law,
and all other judges re
quired to be learned in the law, shall hold their offices
for the term qf ten years if (hey shall so long behave
themselves well. The Associate judges of the Courts
if Common Pleas shall hold their offices for the term
of fire years if they shall so long behave themselve.i
well. But for any reasonable cause which shall not
be sufficient ground of impeachment, the Governor
may remove any of them. on the address of two-thirds
if each branch if the legislature. The judges of Me
Supreme Court and the presidents of the several
Courts of Common Pleas shall at stated times receive
for their services an adequate compensation to be
fixed by law, which shall not be diminished during
their continuance in office, but they shall receive no
fees or perquisites if office, nor hold any other office
of profit under this Contoonwealth.
Section 111. Until otherwise directed by law, the
Courts of Common Pleas shall continue as at present
established. Not more than five counties shall at any
time be included in one judicial district organizea
for said Courts.
Section IV, The jurisdiction of the Supreme
Court shall extend'over the State; and the judges
thereof, alibil by virtue of their offices ' 'bo justices
of Oyer and Terminer and (hum( Jail 1.4,1 i .y, ill
thy wpfveTil VH1111401%
THE NEW CONSTITUTION.
Section V. The Judges of the Court of Common
Pleas, ir . each county, shall by virtue of .their
offices, be justices of Oyer 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 oyer 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
power 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 are
non compotes •nentis. 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 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 o 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.
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 done.
. .
Section IX. The president of the court in each
circuit within such circuit, and the judges of the
court of common pleas within their respective
counties, shall be justices of the peace, so far al
relates to criminal matters.
Section X. A register's office, for the probate of
wills and granting letters If administration, and an
office for 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 representatives, be
chosen by the citizens 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 three years, if they shall so long behave
themselves well, and until a successor be duly
qualified ; but no person shall be twice chosen or
appointed sheriff; in any term of six years. Vacan
cies in either of the said offices shall be filled by
an appointment, to be made by the Governor. to
contwee until the next general election, and until
a successor shall be chosen and qualified as afore
said.
Section 11. The freemen of this commonwealth
shall be armed, organized and disciplined for its
defence, when and in such manner as may be directed
by law. Those who conscientiously scruple to bear
arms, shall not be compelled to do so, but shall pay
an equivalent for personal service.
Section 111. Prothonotaries of the Supreme
Court shall be appointed by the said Court for
the term if three years if they so long behave
,hemselres well. Prothonotaries 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, he elected by the quali
fied electors of each county, or the districts over
which the jurisdiction of said courts extends, and
shall be commissioned by the Governor. They
shall hold their offices for three years if they shall
so long behave themselves well, and until Mei,
successors shall be duly qualified. The legisla
ture shall provide by law, the number of persons
in each county who shall hold said offices, and
how numy and which of said offices shall be held
by one person. Vacancies in any of the said of
fices shall be filled by appointments to be made
by the Governor, to continue until the next gene
ral election, and until successors shall be elected
and qualified as aforesaid.
Section IV. Prothonotaties, clerks of the peace
and orphans' courts, recorders of deeds, registers of
wills, and sheriffs, shall keep their offices in the
county town of the county in which they, respec
tively, shall be officers, unless when the Governor
shall, for special reasons, dispense therewith, for
any term not exceeding five years after the county
shall have been erected.
Section V. All commissions shall be in the name
and by the authority of the Commonwealth of Penn
sylvania, and be sealed with the State seal, and sign
ed by the Governor.
Section VI. A State Treasurer shall be elected
annually, by joint rote of both branches of the legis
lature.
Section VIL Justices of the peace or aldermen
shall be elected in the several wards,,boroaglis,
and townships at the time of the election of con
stables by the qualified voters thereof; in such
number as shall be directed by law, and shall be
commissioned by the Governor fur a term of Jive
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
rough.
Suction VIII. All officers whose election or ap
pointment is not provided for in this constitution,
!Shall be elected or appointed as shun be directed
by law. No person shall be appointed In any of
fice within any county who shall not hare been a
citizen and an inhabitant therein one year next
before his appointment, if the county shall have
been so long erected ; but if it shad not have been
so long erected, then within the limits if the
county or counties uul of which it shall have been
taken. No member of Congress from lids slate.
or any person holding or. exercising any rflice or
appointment of trust or prtyli under the United
States, shall at the sante time &Afar exercise any
office in this state, to which a salary is, or sets or
perquisites are by law, annexed; and the legisla
ture may by law declare what State (Sites are in
compatible. Nu member of the Senate or of the
house of representatives shall be appointed by the
Governor to anyoffite during the term for which
he shall have been elected.
Section IX. All officers for a term of years
shall hold their offices for the terms respectively
specified, only on the condition that they so long
behave themselves well ; and shall be removed on
conviction of misbehaviour in office or of any in
famous crime.
Section X. Any person who shall, after the
adoption of the amendments proposed by this
Convention to the Constitution, fight a dud or
send a challenge for that purpose, or be cider or
abettor in fighting a duel, shall be deprived of the
right of holding any office of honour or profit in
this State, andshall be punished otherwise i n such
manner as is, or may be prescribed by law but
Me executive may remit the said offence and all
its disyualifieattons.
ARTICLE VII
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 shall 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
bad not been'altered or amended.
Section IV. The legislature shall not invest any
corporate body or individual with Me privilege
of taking private properlyfor publie use, without
requiring'suth corporation or individual to make
compensation to the owners of said property, or
give adequate security therefor, before such pro
perly shall be taken.
ARTICLE VIII.
filembeni of the Genetal Apsembly, and all offi
cers, executive and judicial, shall be bound by oath
or affirmation, to support the constitution of this
Commonwealth, and to perform the duties of their
respective offices with fidelity.
ARTICLE IX.
That the general, great and essential principles of
liberty end free government may be recognised and
unalterably established, WE DECLARE, THAT
' Section 1. All men are born equally free and in
dependent,and have certain inherent and indefeasible
rights, among which are those of enjoying and de
loading life and li!lcrty, of actrating, poesesain4
THE NEW CONSTITUTION•
and protecting property and reputation, and of pur
suing their own happiness.
Section 11. 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 cnsciences; no man can,
of right, be compelltaV to attend, erect, or support
any place of worship, or to maintain any ministry
against his consent ; no human 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 religious senti
ments be disqualified to hold nny office or place of
trust or profit under this Commonwealth.
Section V. Elections shall be free and equal.
Section VI. Trial by jury shall tie as heretofore,
and the right thereof remain inviolate. —.
Section VII. The printing presses shall be free to
every person who undertakes to examine the pro
ceedings of the legislature, or any branch of go
vernment: And no law shall ever be made to re
strain the right thereof. The free communication
of thoughts and opinions is one of the invaluabb
rights of man ; and every citizen may freely speak,
write and print on any subject, being resp o nsible
for the abuse of that liberty. In prosecutions for
the publication of papers investigating the official
conduct of officers, or mtn 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 he secure in their
persons, houses, papers and possessions, from unrea
sonable searches and seizures: And no warrant to
search any place, or to seize any person or things,
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
cusal ion against him, to meet the witnesses faro 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
impartial jury of the vicinage ; he cannot be com
pelled to give evidence against himself, nor can he
be deprived of his life, liberty, or property, utiles ,
by the judgment of his peers or the law of tht
land.
Section X. No person shall, fur any indictable
offence, be proceeded against criminally by informa
tion, except in cases arising in the land or naval
forces, or iu the militia when in actual service in
time of war or public danger, or by leave of the
court, for oppression and misdemeanour in office. No
person shall, for the same otrence, be twice put m
jeopardy of life or limb; nor shall arty tnan's pro
perty be taken or applied to public use, without the
consent of his representatives, and without just
compensation being made.
Section Xl. All courts shall be opeu, and ever•
man for an injury done him in his lands, goods, per
son or reputation, shall have remedy by the due
course of law, and right and justice administered,
without sale, denial or delay. Suits tnay be brought
against the Commonwealth in Fug+ manner, in such
courts, and.in such cases as the legislature may by
law direct.
Section XII. No power of suspending laws shall
be exercised, unless by the legislature, or its au
thority.
Section XIII. Excessive bail shall not be re
quired, nor excessive fines imposed, nor cruel pu
nishments inflicted.
Section XIV. All prisoners shall be bailable by
sufficient sureties, unless for capital offences, when
the proof is evident or presumption great ; and the
privilege of the writ of habeas corpus shall not be
suspended, unless when, in cases of rebellion or in
vasion, the public safety may require it.
Section XV. No commission of Oyer and Terminer
or jail delivery shall be issued.
Section XVI. The person of a debtor, where
there is not strong presumption of fraud, shall not
be continued in prison, after deliveting up his estate
for the benefit of his creditors, in such manna' as
shall be prescribed by law.
Section XVII. No ex post facto law, nor any law
impairing contracts shall be made.
Section XVIII. No person shall be all-Anted of
treason or felony by the legislature.
Section XIX. No attainder shall work corruption
of blood, nor, except during the life of the offender,
forfeiture of estate to the commonwealth the es
tates of such persons as shall destroy their own
lives, shall descend or vest as in case of natural
death ; and if any person shall be killed by
casualty, there shall be no forfeiture by reason
thereof.
Section LK. The citizens have a right, in a peace—
able ma'am to assemble together, for their common
good, and to apply to those invested with the powers
of government for redress of grievances, or other
proper purposes, by petition, address or remon
strance.
Section XXI. The right of citizens to hear arms,
in defence of themselves and the State, shall not be
questioned.
Section XXII. No standing army shall, in time
of peace, be kept up without the content of the Le
gislature ; and the military shall, in all cases, and
at all times, be in strict subordination 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 ai manner to be
prescribed by law.
Section XXI V. The legislature shall not grant
any title of nobility or hereditary distinction, nor
create any office the appointment to which shall be
foi*longer term than during good behaviour.
Section XXV. Emigration from the State shall
not be prohibited.
Section XXVI. To guird against transgressions
of the high powers which we have delegated, WE
DECLARE, that every thing in this article is ex
cepted out of the geuerilimwers of government, and
shall for ever renmiu inviolate.
ARTICLE X.
Any amendment or amendments to this constitu
tion may be proposed in the senate or Rouse of Re
presentatives, and if the same shall be agreed to by
a majority of the members elected to earh Rouse, 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 to be punished three months before the
next election, in at least one newspaper in every
county in which n newspaper shall be published; and
if in the legislature next afterwards chosen such pro
posed amendment or amendments shall be agreed to
by a majority of the members elected to each house,
the Secretary of the Commonwealth shall cause the
same again to be published in manner 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 agreed to
by the two houses as the legislature shall prescribe;
and if the people shall approve and ratify such
amendment or amendments by a majority of the qua.
lified voters of this State voting thereon, such amend
ment or amendments shall become a part Qf 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 vote 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 L All laws of this Commonwealth in force
at the time when the said alterations and amend
ments in the said Constitution shall take effect, and
not inconsistent there With, and all rights, actions,
prosecutions, claims, and contracts as well of indi
viduals as of bodies corporate, shall continuo .18 if
the said alterations and amendments had not been
made.
Section 11. 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 street 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 all times be regarded
as the first General Assembly under the amended
Constitution. •
- Seclion V. The Governor who shall be elected in
October, eighteen hundred sad thisiptlgbt,lshall be
iusufursted nq tbe NIA Tuesday in January
TUE NEW - CONs7IIUTJON.
.eighteen hun tell nal thirty-mne, to which tune
the present executive term i 3 hereby extended.
Seetioti VI. The commissions of the judges of the
Supreme Court; who may be in office on the first day
of January next, shall expire in the following man
ner: The commission which bears the earliest date
shrill expire on the first day of January, Anno Do
mini one thousand eight hundred and forty-two; the
commission next dated shalt expire on the first day
of January, Anno Dominl one thousand eight hun
dred and forty-five; the commission next dated shall
expire on the first day of January, Anno Domini
ono thousand eight hundred and forty-eight; the
commission next dated shall expire on the first day
of January, Anno Domini one thousand eight hen-
Ired and fifty-one; and the cuhimission last dated
sL: it expire on the first day of January, Anne Do
mini one thousand eight hundred and fifty-four.
Section VII. The commissions of the President
judges of the several judicial districts and of the
associate law judges of the first judicial district shall
expire as follows : The commissions of one-half of
those who shall have held their offices 'en years or
more at the adoption of the amendments to the consti
tution, shalt expire on the twenty-seventh day of Fe
bruary, one thousand eight hundred and thirty-nine;
the commissions of the other half of those who shall
have held their offices ten years or more at the adop
tion of the amendments to the constitution, shall
expire on the twenty-Seventh day'of February, one
thousand eight hundred and forty-two t the first halt
to embrace those whose commissions shall bear the
oldest date. The commissions of all the remaining
judges who shall not have held their offices for ton
years at the adoption of the amendments to the eon
ution shall expire on the twenty-seventh day of
rubruary next after the end of ten years from
.1 ,te of their ci,..unissions.
Section VIII. The Recorders of the several May
ors' Courts, and other criminal courts in this Com
monwealth, shall be appointed for the same time,
..nd in the same manlier, as the president judges
.f the several judicial districts; of those now in
Alice, the commission oldest in date shall expire on
the twenty-seventh day of February, ene thousand
eight hundred and forty-one, and the others every
Iwo yews thereafter according to their respective
dates. Those oldest in date expiring first.
Section IX. The legislature at its first session un
der the amended constitution, shall divide the other
Associate judges of the State into four classes. The
commissions of those of the first class shall expire
oil the twenty-seventh day of February, eighteen
hundred and forty; of those of the second class on
Ike twenty-seventh day of February, eighteen hun
dred and forty-one ; of those of the third class on
the twenty-seventh thy of February, eighteen hun
dred and forty-two; and of those of the fourth class
an the twenty-seventh day of February, eighteen
hundred and rorty-three. The said classes from thee
Mgt to the fourth shall be arranged according to the
seniority of the commissions of the several judges.
Section X. Prothonotaries," clerks of the several
courts (except of the Supreme Court) recorders of
deeds and registers of wills, shall be first elected under
the amended Constitution, at the election of repre•
qentatives in the year eighteen hundred and thirty
in such manner as may be prescribed by law.
Section XI. The appointing power shall remain as
heretofore, and all officers in the appointment of the
executive department shall continue in the exercise
of the duties of their respective offices until the
legislature shall pass such laws as may be required
by the eighth section of the sixth article of the
amended constitution, and until appointments shall
he made under such laws; unless their commissions
shall be superseded by new appointments, or shall
summer expire by their own limitations, or the said
offices shall become vacant by death or resignation,
and such laws shall he enacted by the first legishi
tore under the amended constitution.
Section XII. The first election for aldermen and
justices of the peace shall be held in the year eight
een hundred and forty, at the time 4fixed for the
election of constables. The legislature at its firs'
session under the amended constitution shall pro
vide for the said election and for subsequent similar
elections. The aldermen and justices of the peace
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
lay which shall be fixed by law for the issuing of
new commissions, at the expiration of which time,
Jwir commissions shall expire.
In testimony that the foregoing Is the amended
censtitutim of Pennsylvania, as agreed tq in
convention, We the officers and members of the
convention have hereunto signed our names at
Philadelphia, the twenty-second day of Febru
ary, Anne Domini one thousand eight hundred
and thirty-eight, and of the Independence of
the United States of America the sixty-set , nd.
JOHN SERGEANT; President.
Daniel Agnew,- Ezra S. Hayhurst,
Wm. Ayres, Wm. Hays,
NT. W. Baldwin, Abtn. lielifenstein
Ephraim Banks, M. fiendmon,
John Y. Barclay, Win. Hen Wion,
Jacob Banidolar, Win. !Hester,
tlhas. A. Barnitz, William High,
Andrew Bedford, Jos. Hopkinson,
rhos. 8. Dell, John Houpt,
James Cornell Mlle, Jabez Hyde,
Charles Jared Ingersoll,
Lebbeus L. Bigelow,
Sara C. Bonham, no. Jenks,
'has. Brown, George M. Kehn,
Jeremiah Brown, James Kennedy,
William Brown, Aaron Kerr, '
Fierce Butler, Jos. Konigroacher,
Samuel Carey, Jacob Krebs,
Join Cummln, JI: G. Long,
Thomas S. Cunningham, David Lyons,
William Curl', Alex. Magee,
Wm. Darlington, Joel K. Mann
George Chambers, W. M. Mhredth,
John Chandler, . James Merrill,
Jos. It. Chandler, Levi Merkel,
Ch. Chauncey, Wm. L. Miller.
Nathaniel Clapp, James Montgomery.
James Clarke, Christian Meyers
John Clarke, D. Nevin,
William Clark, Wm. Overfield,
A. J. Cline, Hiram Payne,
Lindley Coates, Matthias l'ennypacker,
R. E. Cochran, *James Porter,
Thos. P. Cope, James Madison Porter,
Joshua F. Cux, Saml. A. Purviance,
Walter Craig, E. C. Iteigart,
Richd. M. Crain, A. 11. Read,
Gco. T. Crawford, Gco. W. Biter,
Cornelius Crum, Jno. Ritter,
lienjo. Martin, If. Gold Rogers,
John J. M•Cahen, Samuel Royer,
E. T. hl 4 Dowell, James M. Russell,
James M'Sherry Daniel Saeger,
Mark Darrab, John Morin Scott,
Harmar Denny, Tobias Sellers,
John Dickey, G. Seltzer,
Joshua Dickerson, Geo. Serrlll,
Jacob Dillinger, ' Henry Scheetz,
Jas. Donegan, George Shilleto„
J. R. Donnell, Thomas H. Sill,
Joseph M. Doran, Geo. Smith,
James Dunlop, Wm. Smyth,
Thomas Earle, ~ - Joseph Shively,
D. M. Family, Juo. 13. Sterigere,
Robt. Fleming, Jacob Stickel,
Walter Forward, Ebenezer W. Sturdevant
John Foelkrod, Thomas Taggart,
Joseph Fry, Jr. Morgan J. Thomas,
John Fuller, James Todd,
John A. Gamble, Thomas Weaver,
William Gearhart, Jacob 13. Weidman
David Gilmore, R. G. White,
Virgil Grenell, Geo. W. Woodward,
William L. Harris; B. Young.
Thomas Hastings,
(Attest,) S. Strom, Secretary.
4. L. FAva,
J,Wll,unms, i Aesistinit Esecrotaxim
SECRETARY'S OFFICE,
llAaluntrua, FrauctrAnY 28, 1888._
I certify, that the foregoing is an exact and Meru
copy of " the Constitution of the Commonwealth of
Pennsylvania us amended by the Convention of one
thousand eight hundred anti thirty-seven-thirty
eight," deposited iu this office on the 26th day 0.
February, 18381 the amendments being in italic,
and the retained portions t:11 the present Constitu
tion iu roman letter.
THO. H. BUHROWILS,
Bec'y of the Commonwealth.
March 2'7,189e. te-82
: -. 10111
IIijANTED, on the Gettysburg Esten•
eion of the Pennsylvania Rail Road,
ir2,000 Hands!
To whom CONSTANT WORK and the
BEST OF WAGES will be given.
0:7 - The Gettysburg Rail Road runs
thro' the most healthy put of this country.
Apply to
M. C. CLARKSON, Sup't.
Gettysburg, Pe., May' 9, lOW 'tf-0)