TITE"NEW CONSTITUTION.
CO t I i'
COMMONWEALTH OF PENNSYLVANIA,
All AMMO= DT TIM CONVENTION 07 ON TIMMAIM
MINT MUNDAID AND TMJITT-SEVEM
THIRT 7-LIG UT.
WE, Ties People of t h e Commonwealth of Penn
tryhania, ordain and establish this Constitution for
its Government.
ARTICLE I
Section T. The legislative power of this Common
wealth shall be vested In a General Assembly,
which shall consist of a Senate and House of Repre
eontativet.
Section U. 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 111. No person shall be a representative
who shall not have attained the age of twenty-one
pars, and have been a citizen and inhabitant of the
Bftte three years next preceding his election, and the
list year thereof an inhabitant of the district in and
for which he shall be chosen a representatire, 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 first
meeting of the General Assembly, and within every
subsequent term of seven years!, au enumeration of
the taxable inhabitants shall be made in such man
ner as shall be directed by law. The numb& of
representatives shall, at the several periods of malt
such enumeration, be fixed by the Legislature,
and apportioned among the city of Philadelphia and
the several counties, according the number of
taxable Inhabitants in cart: and shall never be less
than sixty nor greater than one hundred. Each
county shall have at least one representative, but no
aunty 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 represeutative 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 the
several counties at the same time, in the same man
ner, and at the same places where they shall vote
for representatives.
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 fanned 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 TilL The senators shall be chosen in dis
tricts, to be formed by the legislature ; but no dis
trict shati At so formed as to enlitle it to elect more
thole two eessators, wadesa the number of taxable in
habitants in any city or county shall, at any Um::
Os such as to entstle it to elect more than two, but no
thy or county &lan be entitled to elect more than
"our senators , when *district shall be composed
of two or more counties, they shall be adjoining;
neither the city of Philadelphia nor any county shall
he 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
sai ct d office after he shalt hoes restored from each dis
tri.
Section IX. The senators who may be fleeted at
the first general election after the adoption of the
amendments to the constitution, shall be divided by
boS into three classes. The seat* of Me senators of
the first class atoll be vacated at the expiration of
&first year, ar the "coast class at Ms expiration
qf the wand ya► i and te the third class at the ex.
pfrabkm qf Ike Mint Years so that thertqfter one.
gird gra* wlgie osember of senators may be chosen
own year. 211 l eimistors elected before the amend
masts to the assatihaton shall be adopted, shall hold
Moir lade &riad. the tems for which they shall
ggspedively hare here gledel.
Beaton X. T. General Assembly shall meet on
On first Tuesday of Jaregary, in every year, unless
sooner convened by the Governor.
Section XI. tacit house shall choose its Speaker
and other calkers; and the Senate shall also choose
a Speaker pro temper,. when the Speaker shall ex
ereise the (Moe 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
synch manner and under such penalties as may be
provided.
Section XIII. Each house 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 Nandi of the legislature of a free
State.
Section XIV. The legigature shall not Aare power
to enact laws annulling the contract of marriage in
any case where, by law. the courts of this Common
wealth art or may hereafter be empowered to decree
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 hare and of
committees of the whole shall be open. unless
when the business shall be such as (night to be kept
seers[.
Section XVII. Neither house shall, without the
consent of the other, atijonm for more than three
days, nor to any other plate 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 cams, 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
Dot he questioned In any other place.
Section XIX. No Senator or representative shall,
during the time for which ho 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 hare been increased
during such tuner 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 in
office.
Section XX. When ♦acnncies happen in either
house, the Speaker shall issue writs of •lcetion to
fill such vacancies.
Section XXI. All billi for raising revenue shall
originate in the holm of representatives, bat the
Senate may propose amendments as in other bills.
Section XXII. No money shall be drawn hem
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 ho shall sign it, but if he
shall not approve he shall return it with his objec
tions to the house to 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 home 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 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 respectiv,ely. If any bill shall
not be returned by the Governor within ten days
(Sundays excepted) after it shall have been pre
mated to him, It shall be a law in like manner as if
be had signed it, unless the General Assembly, by
their adjournment, prevent ,its, return, in which case
it shall be • law, unless sent back within three
days after their next meeting.
Scotian XX IV. Every order, resolution or vote
to which the concurrence of both houses may be
necessary (except on s question of adjournment)
*hill be presented to the Governor, and before it
obeli take abet, be approved by him, or being clic
approved, shall be : repassed by two-thirds of bolt,
homes iccattliutto the rules and limitation., pee
sestbed In eat el a bill;
SeetionXXV. No corporate booty shell De Serscifier
mole. reused or Waded. with banking or die
-1,11 pi*ibytee, setieltitit six mess prectotts
THE NEW CONSTITUTION•
public notice qj the intended application for tne
same in such manner as shall be prescribed by law
Nor Mall 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 opinion it may be inju
rious to the citizens of the commonwealth, in such
manner however that no injustice shall be done to the
corporator:. No law hereafter enacted, shall create,
renew or extend the charter of more than one corpo
ration.
ARTICLE II
Section I. 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 scat 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 he 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
be 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 sir in any term
of nine years.
Section IV. Ile 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 Comtress 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 shall
be neither increased nor diminished during, the
period for which be shall have been elected.
Section VII. He shall be commander-in-thief of
the army and navy of this Cummmwealtli, and of
the militia, except when they shall be called into
the actual service of the United States.
Soetion VIII. Ile shall appoint a Secretary of the
Commonwealth during pleasure, and he shall nomi
nate and by and with the advice and consent of the
Senate appoint all judicial officers of courts of
record, unless otherwise prorided for in this Consti
tution. He shall hare power to fill all vacancies
that may happen in such judicial offices during the
recess of the Senate, by granting commissions which
shall 'spire at the end of their next session : Pro
tided, that in acting
,on executive nominations the
Senate shall sit with open doors, and in confirming
or rejecting the nominations of the Governor, the
rote shall be taken by yeas and nays.
Section IX. He shall have power to remit hoes
and forfeitures, and grant reprieves and pardons
except in cases of impeachment.
Section X. He 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 XI. Ife 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, on extraordinary occasions,
convene the General Assembly ; and in case of
disagreement between the two houses, with respect
to the time of adjournment, adjourn them to such
time as he shall think proper, not exceeding four
months.
Section' XIII. He shall take care tbaU the laws
be faithfully executed.
Section XIV. In case of the death or resignation
of the Governor, or of his removal from office, the
Speaker of the Senate shall exercise the office of
Governor, until another Governor shall be duly
qualified; but in such case another Governor Mall
k 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 at the second suc
ceeding annual election, of representatives. And
if the trial of a contested election shall continue
longer than until Me 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 executilie authority,
shall continue therein until the determination of
such contested election, and until a Governor shall
be duly qualtdea as aforesaid.
Section XV. The Secretary of the Commonwealth
shall keep a fair register of all the official acts and
proceedings of the Governor, end shall, when re—
quired, lay the same and all papers, minutes and
vouchers relative thereto, before either branch of
the legislature, and shall perform such other duties
as shall be enjoined him by law.
ARTICLE 111.
Section I. In elections by the citizens erery white
freeman of the age of twenty-one years, haring re
sided in this sate one year, and in the election dis
trict where he offers to rote, ten days immediately
preceding such election, and within two years paid
a State or County tax, which shall hare been as
sessed at least ten days before Me electson,shall enjoy
the rights of an elector. But 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, and
paid taxes as aforesaid, shrill be entitled to vote, after
residing in the stale six months. Provided, that white
freemen, citizens of the United States, between the
ages of tirenty-one and twenty-two years, and har
ing resided in the State one year, and in the election
district ten days as aforesaid, shall be entitled to
vole, although they shall not hare paid tares.
Section 11. Alt 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
treason, felony. and breach or surety of the peace
be privilegid from arrest, during their attendance
on elections, and in going to and returning from
ARTICLE IV
Section I. The House of Representatives shall
have the sole power of impeaching.
Section 11. !ill impeachments shall be tried by
the Senate I when sitting for that purpose, the
Senators 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 211 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 to
hold any office of honour, trust or profit, under this
Commonwealth: 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 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, fur each county I in Justices of the
Peace, and in such other Courts as the legislature
may rom 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 low, shall be nominated by the Gorernor, 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 of fifteen
years if they shall so long behave themselres well.
The president judges of 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 of ten years if they shall so long behave
themselves well. The Associate judges of the Courts
of Common Pleas shall hold their offices for the term
of five years if they shall so long behare themselves
well. But for any reasonable cause which shall not
be sufficient ground of impeachment, the Gorernor
may remote any of them on the address of Iwo-thirds
of each branch of the legislature. Thejudges of the
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
fired by law, which shall not be diminished during
their continuance rrs office, but they shall reeeire no
fees or perquisites of office, nor hold any other office
of profit under this Commonwealth.
Section 111. Until otherwise directed by law; the
Courts of Common Plias shall continue as at present
established. Not more than fire counties shall at any
time be included in one judicial district organized
for said Courts.
Section IV. The jtuisdiction of the Supreme
Court, shall extend over the State ; and the judges
thereof, shall by virtue of their offices, he justices
of Oyer and Terminer and GenerJ, Jail Delivery, in
the several counties.
THE NEW CONSTITUTION•
Section V. The judges of the Court of Common
Pleas, is 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 termlner, 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 as
relates to criminal matters.
Section X. A register's office, for the probate of
wills and granting letters administration,i 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 tho
same."
ARTICLE VI
Section 1. 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
c!es in either of the said offices shall be file . ' by
an appointment, to be made by the Governor, to
conticce 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 he 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 fur
the term of three years if they so long behave
ihenuelves well. Prothonottirits and clerks of the
several other courts, Recorders of deeds, an Re
gisters of wills, shall at the times and places of
election of representatives, be 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 their
successors shall be duly qualifier,. The legisla
ture shall provide by law, the number of persons
in each county who shall hold said (gces, and
how many and which of said offices shall be held
by one person. Vacancies in any of Me said of
fices shall be filled by appointments to be made
by the Governor, to continue until the next gene
ral ekdion, and until successors shall be elected
and qualified as aforesaid.
Section IV. Pnithonotaries, 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 vote of both branches of the legis
lature.
Section VII. Justices of the peace or aldermen
shall be elected in Me several wards, boroughs,
and townships at the time of the election of con
stables by the qual ifi ed voters thereof, in' s /etch
number as shall be directed by law, and shall Sc
commissioned by the Governor for a term of fire
years; but no township, ward or borough shall
elect snore 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. •
Section VIII. All officers whose election or ap
pointment is not provided for in this constitution,
shall be elected or appointed as shall be directed
4 law. Aro person shall be appointed to any V
fice within any county who shall not hsre 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 shall not have been
so long erected, then within the limits of the
county or counties out of which it shall Bare been
taken. No member of Congress from this stole,
or any person holding or exercising any nice or
appointment of trust or profit under Me United
Stales, shall al the same time kohl or exercise any
office in this state, to which a salary is, or fees or
perquisites are by lota, annexed; and the legisla
ture may by law declare what Slate offices are in
compatible. No member of the Senate or of the
house of representatives shall be appointed by the
Governor to any office during the term for which
he shall hart been elected.
Section IX. All officers for a term of years
shall hold their offices for the terms respectively
specified, only on Me 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 duel or
send a challenge for that purpose, or be aider or
abettor in fighting a duel, shall be deprived of the
right of holding any (ffice of honour or prryit in
this Stale, and shall be punished otherwise in such
manna- as is, or may be prescribed by law ; but
the executive may remit the said offence and all
its disqualifications.
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
had not been altered or amended.
Section IV. 77ze legislature shall not invest any
corporate body or individual with the privilege
of taking private property for public use, without
requiring such corporation or tndividual to make
compensation to the owners of said property, or
give adequate security therefor, before such pro
perly shall be taken-
ARTICLE VIII
Members of the General Assembly, and all offi
ceas, 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 and free gOvernment niny be recognised and
unalterably established, WE DECLARE, THAT
IRection I. All men are born equally free and in
dependent, and hare certain inherent and indefeasible
rights, among which are those of enjoying and de
fending life and liberty, of requiting, possessing
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, accenting to
the dictates of their own consciences; no man can,
of right, be compelled 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 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 shall be free to
every person who undertakes to examine the pre
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 invaluable
rights of man; and every citizen may freely speak,
write and print on any subject, being responsible
for the abuse of that liberty. In prosecutions for
the publication of papers investigating the official
conduct of officers, 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 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 hath 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
impartial jury of the vicinage ; he cannot be corn
pelted 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 office. No
person shall, for the same offence be twice put in
jeopardy of life or limb; nor shall any man's pro-
perty be taken or applied to public use, without the
consent of his representatives, and without just
compensation being made."
Section XI. All courts shall be open, and every
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 may be brought
against the Commonwealth in such 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, atter delivering up his estate
for the benefit of his creditors, in such manner 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 attainted 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 XX. Thecitizens have a right, in a peace
able maim° to assemble together, fur 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 bear arms,
in defence of themselves and the State, shall nut be
questioned.
Section XXII. No standing army shall, in time
of peace, be kept up without the consent 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 a manner to be
prescribed by law.
Section XXIV. The legislature shall not grant
any title of nobility or hereditary distinction, nor
create any office the appointment to which shall be
fora longer term than during good behaviour.
Section XXV. Emigration from the State shall
not be prohibited.
Section XXVI. To guard against trans — gresslons
of the high powers which we have delegated, WE
DECLARE, that every thing in this article is' ex
cepted out of the general powers of government, and
shall for ever remain inviolate.
ARTICLE X.
Any amendment or amendments to this constitu
tion may be proposed in the Senate or House of Re
presentatives, and if the same shall be agreed to by
a majority of the members elected foetal House, such
proposed amendment or amendments shall be entered
on their journals, with the yeas and nays takers
thereon, and the Secretary of the Commonwealth shall
cause the same lobe published three months before the
next election, in at least one newspaper in every
county in which a 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 Stale 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 I Provided, that if 'snore 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 I. 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 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 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 mid 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 thii eleventh section
of the first article, and shall at all times be regarded
as the first General Assembly under the amended
Constitution.
Section V. The Governor who shall be elected in
October, eighteen hundred and thirty-eisht, shall be
inauvrated on the third Tuesday in January
ME NEW CONSTITUTION.
eighteen hundred and thirty-nine, to which time
the present executive term Is hereby extended.
Section VI. The communions of the judges of the
Supreme Court, who Maybe in office on the lint day
orJanuary next, shall expire In the following man
ner : The commission which 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, Anno Domini one thousand eight hun
dred and forty-five; the commission next dated shall
expire on the first day of January, Anita Domini
one thousand eight hundred and forty-eight; the
commission next dated shall expire on the first day
of January, Anne Domini one thousand eight hun
ired and fifty-OTIC ; and the commission last dated
strut expire on the first day of January, .lone 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, shall 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 the first halt
to embrace those whose commissions shall bear the
oldest date. The commissions of all the remaining
judges who shall nut have held their offices for ten
tears at the adoption of the amendments to the con
stitution shall expire on the twenty-seventh day of
February next after the end of ten years front the
date of their commissions.
Section VIII. The Recorders of the several May
ors' Courts, and other criminal courts in this Com
monwealth, shall be appointed fur the same time,
and in the same manner, as the president judges
of the several judicial districts; of those r•.ow in
office, the commission oldest in date shall expire on
the twenty-seventh day of February, cne thousand
eight hundred and forty-one, and the others every
two years thereaftet , according to their respective
dates. Those oldest in date expiring first.
Section IX. 'rho 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
on the twenty-seventh day of February, eighteen
hundred and forty ; of those of the second class on
the twenty-seventh day of February, eighteen hun
dred and forty-one; of those of the third class on
the twenty-seventh day of February, eighteen hun
dred and forty-two; and of those of the fourth class
on the twenty-seventh day of February, eighteen
hundred and forty-three. The said classes from the
first 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
sentatives in the year eighteen hundred and thirty
nine, 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
be made under such laws; unless their commissions
shall be superseded by new appointments, or shall
sooner expire by their own limitations, or the said
tikes shall become vacant by death or resignation,
and such laws shall be enacted by the first legisla
ture 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, nt the time fixed -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
day which shall be fixed by law for the issuing of
new commissions, at the expiration of which time,
.heir commissions shall expire.
In testimony that the foregoing is the amended
constitution of Pennsylvania, as agreed to in
convention, We the officers and members of the
eonvention havo hereunto signed our names at
Philadelphia, the twenty-second day of Febru
ary, Anno Domini one thousand eight hundred
and thirty-eight, and of the Independence of
the United States of America the sixty-second.
JOHN SERGEANT, President
Daniel Agnew,
Wm. Ayres,
M. W. Baldwin,
Ephraim Banks,
John Y. Barclay,
Jacob Barndolar,
Chas. A. Harrill;
Andrew Bedford,
Thos. S. Hell, John Houpt,
James Cornell Riddle, Jabez Hyde,
Lebbeus L. Bigelow, Charles Jared Ingersoll,
Saml. C. Bonham, Phs. Jenks,
Chas. Brown, George M. Keirri,
Jeremiah Brown, James Kennedy,
William Brown, Aaron Kerr,
Jos. Konigmacher,
Jncob Krebs,
Pierce Butler,
Samuel Carey,
John Cummin, H. G. Long,
Thomas S. Cunningham, David Lyons,
William Curl],
Wm. Darlington,
Alex. Magee,
Joel K. Mann,
W. M. Meredith,
James Merrill,
Levi Merkel,
Wm. L. Miller,
James Montgomery,
George Chambers,
John Chandler,
Jos. It. Chandler,
Ch. Chauncey,
Nathaniel Clapp,
Christian Meyers
D. Nevin,
Wm. Overlield,
Hiram Payne,
Matthias Pennypacker,
James Porter,
James Clarke,
John Clarke,
William Clark,
A. J. Cline,
Lindley Coates,
R. E. Cochran,
James Madison Porter,
Sallll. A. Purviance,
E. C. Reigart,
A. H. Read,
Geo. T. Crawford, Geo. W. Riter,
Thos. P. Cope,
Joshua F. Cox,
Walter Craig,
Richt,. M. Crain
Jno. Ritter,
H. Gold Rogers,
Cornelius Crum,
tlenjn. Martin,
Samuel Royer,
James M. Russell,
John J. M'Cahen,
E. T. Al.Dowell,
Daniel Saeger,
John Morin Scott,
Tobias Sellers,
G. Seltzer.
Geo. Senill,
James M'Sherry
Mark Darrah,
Ilarmar Denny,
John Dickey,
Joshua Dickerson,
Jacob Dillinger,
Jas. Donagan,
J. 11. Donnell,
Joseph M. Doran,
James Dunlop,
Thomas Earle,
D. M. Fancily,
Robt. Fleming,
Walter Torward,
John Foulkrod,
Joseph Fry, Jr.
John Fuller, -
John A. Gamble,
William Gearhart,
DavhFGilmore,
Virgil Grenell,
William L. Harris,
Thomas Hastings,
(Attest,) S. Snocu, Secretary.
Henry Schcelz,
George Sbilleto,
Thomas H. Sill,
Geo. Smith,
Wm. Smyth,
Joseph Snively,'
Jno. B. Sterigere,
Jacob Stickel,
Ebenezer W. Sturdevant
Thomas Taggart,
Morgan J. Thomas,
James Todd,
Thomas Weaver,
Jacob B. Weidman
It. G. White,
Gco. W. Woodward,
It. Young.
G. L. FAUS,
3. WILLIAMS, Assistant Secretaries.
SECRETARY'S OFFICE,
HARRISBURG, FEBRUARY 28, 1838.
I certify, that the foregoing is an exact and liters
copy of " the Constitution of the Commonwealth of
Pennsylvania as amended by the Convention of one
thousand eight hundred and thirty-seven—thirty
eight," deposiled in this office on the 26th day o.
February, 18.3.9 ; the amendments being in italic,
and the retained portions of the present Constitu
tion in roman letter.
TllO. H. 131.111R0WE9,
Sec'y of the Commonwealth.
March 27, 1838. to-52
LABORERS WANTED.
WANTED, on the Gettysburg Exten.
Bien of the Pennsylvania Rail Road,
- 2,0 0 0 Hands!
To whom CONSTANT WORK and the
BEST OF WAGES will be given.
Otr" The Gettysburg Rail Road runs
thrli the most healthy part of this country.
Apply to ,‘
M. C. CLARKSON, Sup't.
Gettysburg, Pa., May 19,1839. 11-9
Ezra S. Hayhurst,
Win. Hays,
Abm. Heltfenstein
M. Henderson,
Wm. Henderson,
Wm. Iliester,
Vi!Ham High,
.Tos. Hopkinson,
ADVERTISEMENTS.
NOTICE.
A LL persons indebted to the Estate o
WILLIAM WMlLLAN,lateofllam
iltonban township, Adams county, deceased,
are desired to call with the Subscribers, and
make immediate payment, and those whO
have clai mengainst said Estate,aro requested
to present them, properly authenticated for
settlement.
The Administrators reside in Hamilton
hnn township.
SAMUEL, M'MIL LA N, Adtn ,
DAVID M'AIILLAN. re.
August 21, 1839,
Enehini»nent of Volunteers.
WHERE will be an Encampment of Vol:
' la • unteers iiirmed at Gettysburg, in Ad
ams County, Pa. commencing on Thursday
the 13116 of September next, and to continuo
feJ three days. Tho Encampment will be
formed by the "American Union Battalion,"
but the different Volunteer.Coinpanies with
in the bounds of Adams and the neighboring
Counties, aro all invited to attend: as also
the Commissioned and Staffofficers of Mili
tin, of the 2d Brigade, sth Division Pa: Mi.
Tents, fuel, &c. will be provided in suffi
cient quantities on the ground.
T. C. MILLER, Brig. Gen.
S. S. McCREARY, Capt.
D. M. SMYSER, Ist Lieut.
A. B. KURTZ,
R. F. McCONAUGHY,
WM. KING,
Commatee of Arrangement.
Gettysburg, July 3, 1838. to-14
NOTICE.
T HE Subscriber, desirous that the affairs
of his deceased son, CHARLES F.
HIMES, should be settled up as soon as pos
sible, gives notice to those indebted to his
Estate, either by Note, Bonk Account, or
otherwise, to settle the same on or btfore
the tat of October next; and to afford a con
venient opportunity for such settlements, he
will attend at the hotel of Mr. Wm
!anon Gettysburg,every Tuesday afternoon,
until that time. Those who have any claims
against said deceased, are requested to pre
sent the same, properly authentimited, for
settlement.
GEORGE RIMES, Adm'r.
August 14.1838. ,6t-20
Temperance Convention.
I N pursuance of a resolution of leth of
May last, a convention of Delegates
from the different Temperance Societies of .
Franklin Co. will be held in Chambersburg,
on Friday the 7th day of September next..
The Societies are respectfully requested to
take timely measures to be represent
ed by six or more Delegates from each, and
furnish such information, as may be calcu
lated to advance Temperance effort and re
form within our bounds.—Tempeiance,
Societies of neighboring Counties are res
pectfully invited to favor us with a repre
sentation.
FRED. SMITH, gl
PHILIP BERLIN, g
RICHARD BOND, E.
JAMES MORROW,,)g-
JOHN SMITH . , J
August 7, 1838. tm-19
C AMP IfIhFAVIN G.
ACAMP MEETING 'for Gettysburg .
Circuit, will be held on the land of Mr.
Walter, about two miles from Gettysburg,
on the Harrisburg Road. To commence
on Friday the 31 at inst.
AMOS SMITH,
J. M. JONES.
August 14, 183 g.
FRESH DRUGS
t AND
tatarmortapaa.
JUST received and for sale, at the Store
of the subscriber, in Baltimore street,
Gettysburg,
A FRESU SUPPLY OF
DRUGS AND MEDICINES,
of the best and purest quality—together
with
P MINT %, &c•
JESSE GILBERT.
tf-9
May 29, 1838.
PILLS!
URANDRETWS PILLS, EVANS'
TONIC AND APERIENT PILLS,
PETER'S PILLS and EOFF'S PILLS
Can be had wholesale or retail at the
Drug Store of
Dr. J. GILBERT, Agent.
August 14, 1839. tf-20
ROSE OINTMENT,
WOR Tettets Ringworms, Pimples on
' IL the face,and other C.itaneous eruptions,
prepared by VAUGUMAN & DAVIS, Phila
delphia. Sold at the Apothecary and Drug
Store of Dr. .1. GILBERT.
Gettysburg, April 10, 1838. tf-2
Office of the Star 64 Banner:
Chambersburg Street, a few doors West of
the Court• House.
I. The STALL & REPUBLICAN FANNER is pub.-
fished at TWO DOLLARS per annum (or Vol
ume of 52 numbers,) payable half -yearly in ad
vance: or TWO DOLLARS & FIFTY CENTS
if not paid until after the expiration of the year.
11. No subscription will bo received for a shorter
'period than six months; nor will the paper be dis
continued until all arrearages are paid,' unless at
the option of the Editor. A failure to notify a dis
continuance will be considered a new engagement,
and the paper forwarded accordingly. ;
111. Anvanxisemrarrs not exceeding a square,
will be inserted rnnxx times for $l, and 25 cents
for each subsequent insertion—the number of in
sertions to be marked, or they will bo published till
forbid and charged accordingly; longer ones in
the same proportion. A reasonable deduction will
be made to those who'advertise by the year.
IV. All Letters and Communications addressed
to the Editor by mail must . be post-paid, or they
will not be attended to
tm-20