The Star and Republican banner. (Gettysburg, Pa.) 1832-1847, September 04, 1838, Image 3

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    THE , NEm - CONSTiTUTiON•
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COMMONWEALTH OF PENNSYLVANIA,
Al ASCEND= DT THIC 001TVENTION or OPT. THOUSAND
=GUT lIVIIDAED AlcD TIMITY-6VICV
11111TY-LIGUT.
WE, The Poop% of the Commonwealth of Penn
sylvania, ordain and establish this Constitution for
its Government.
ARTICLE 1
section I. The legislative power of this Common
wealth shall he vested in a General Assembly,
which shall consist of a Senate and House of Repre
sentative".
Section 11. 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. Ito 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 representative, 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, an enumeration of
the taxable inhabitants shall be made in such man
lier 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 its each s and shall never be less
than sixty nor greater than one hundred. Each
county shall have at least one representative, but no
county hereafter erected shall be entitled to a sepa
rate representation until a sufficient number of tax
able inhabitants shall be contained within it, to
entitle them to one representative agreeably to the
ratio which shall then be established.
Section V. The senators shall be chosen for three
years by the citizens of Philadelphia and of the
several counties at the same time, In the time al-in
ner, and at the same places where they shall vote
fbr representatives.
Section VI. The number of Senators shall, at the
several periods of matting 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 .
The senators shall be chosen in di•-
triets, to be formed by the legislature ; bu! no dis
'Wet shall be so formed as to entitle it to elect mare
than two senators, unless the number of taxable in
habitants in any city or county shall, at aa•. ,
in
te such as to entitle it to elect more than two, but no
City or county shall be 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 .enator, who
shall not have attained the age twenty-five years,
and have been a eitiao 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 such4is
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
Che first year; of the second class et the expiration
If the second year; and of the third class at the ex
piration of the third year ; so that thereafter one
third of the whole number of senators may be chosen
every year. The senators elected before the amend
ments to the constitution shall be adopted, shall hold
their ewes during the terms for which they shall
respectively hare b.en elected.
Section X. The General Assembly shall meet on
the first Tuesday of January, in every year, unless
sooner convened by the Governor.
;iSection 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 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 branch of the legislature of a free
State.
Section XIV. The legislature shall not have power
to enact Eau , a 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 ut
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
extol
section XVII. Neither house shall, without the
consent of the other, adjourn for 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 trenson, 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 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 time : and uo 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
dime.
Section XX. When vacancies happen in either
Pause, the Speaker shall issue writs of election to
MI 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 whirls shall have
passed both houses shall be presented to the Go
vernor. If lie approve ho shall sign it, but if he
shall not approve he shall return it with his objec
tions to the house in whirls 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 pass the bill, it shall be sent with the ob
jections to the other house, by which likewiee it
shall be re-considered, and if approved by two
thirds of that house, it shall be a law. But in such
eases the votes of both houses shall be determined
by yeas and nays, and the names of persons voting
tot or against the bill shall be entered on the jour-
Dela of each house respectively. If any bill shall
Pat be returned by the Governor within ten days
(Blindly. excepted) after It shall have been pre
sented to bim, it shall be a law in like manner as if
he had signed it, unless the General Assembly, by
their adjournment. prevent its return, in which case
it *ball be a law, unless sent back within three
deyi after their next meeting.
I,ooon XXIV. Every order, resolution or tote
to libiek, the concurrence of troth houses may be
ligeheary (except on a question of adournment)
*
at be - preObted to the Governor, an dbefore it
shall take ether p be approved by him, or being dir
approved. shall be repassed by two-thirds of both
twine attaoling to the rules and limitations pre
ieribed In eau of a bill.
Beetinn'X XV. No corporate body shall be hereafter
harired et eshpird, itA Makin:: or els_
"NON! rirturn. trMaitt Sr camas meant,
I'HE NEW CONSTITUTION•
failic notice of the intended application for tne
lame in such manner as shall be prescribed by law
Nor shall any charter for the purposes aforesaid, be
granted for a longer period than twenty years, and
every such chatter 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 citirens of the commonwealth, in such
manner however that no injustice shall he done to the
corporators. No law hereafter enacted, shall create,
renew or extend the charter of more than one corpo
ration.
ARTICLE
Section I. The Supreme Executive power of this
Commonwealth shall he 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. Tie 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. Cori
tested elections shall be determined by a Committee
to be selected from both houses of the legislature,
and formed and regulated in such MAllller as shall
be directed by law.
Section 111. Tire Governor shall hold his office
during three year; from the third Tuesday of Janu
ary next ensuing his election, and shall not he
capable of holding it longer than six in any term
of nine years.
Section IV. Ile shall he at least thirty years of
age, and have been a citizen arid 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 r: compensation, which shall
be neither increased nor diminished during the
period for which he shall have been elected.
Section VII. Ile shall he commander-in-chief of
the army and navy of this Comm rnwealth, and of
the militia, except when they shall be called into
the actual service of the United States.
Section 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 nil judicial fliers of cnurts rj
record, unless otherwise provided far in this Cons: i
tution. lie shall have pryer to fill all I , lrillries
that may happen in such judicial officer during th•
recus.nf- by rrrrlnling commissions which
=us expire at the end of their next Pro
vided, that in acting on execulive norninn'irn'ts
Senate slut! sit with open doors, and in ronfirtUiVg
or rejecting the nominations of the Governor, I" ? '
rote shall be taken by yeas and nays.
Section IX. Ile shall have p., 0 . remit fines
and f rrfeitures, and grant re, and Pa`lh" , e
except in cases of
Section X. He ^ require information in writing,
f rom th e —ewers in the executive department upon
ut ,„...onject relating to the duties of their respec
live offices.
Section XL 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 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 be shall think proper, not exceeding four
months.
Section XIII. He shall take care that the laws
be faithfully executed.
Section XIV. In case of the death or resignation
of the Governor, or of big removal from office, the
Speaker of the Senate shall exercise the office of
Governor, until another Governor shall be duly
qualified; hot 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 (Mee 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 the third Monday of January
next ensuing the election of Governor, the Governor
of the last year or the Speaker of the Serrate 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 duly quaMfled es aforesaid.
Section XV. The Secretary of the Commonwealth
shall keep a fair register of all the official acts and
proceedingi of the Governor, and 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 hint by law.
ARTICLE 111
Section I. In electrons 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, ten days immediately
preceding such election, and within two years paid
a State or County tar, which shall have been as
sessed at least ten days bifore the elertton,shall enjoy
the rights of an elector. But a citizen of the United
States who had previously been a qualified voter (f .
this State: and removed theref ram and returned, and
who shall have resided in the election district, and
paid taxes as aforesaid, shill he entitled to vote, after
residing in the stale six months. Provided, that white
freemen, citizens of the United States, between the
ages of twenty-one and twenty-two years, and hav
ing resided in the State one yew, and in the elect on
district len daps as aforesaid, shall be entitled to
vote, although they shill not hare paid to-res .
Section 11. All cleetimii diall be by ballot, ex
cept those by peii:ons ih their repteientaii ye elm
citie., who shall sot. viva sore.
Section HI. in all e:isc,;.
•,tnl cuirtr• of th ,
he privilegid from arrest, during thrir ritteittlance
on elections, and in going to s od returning from
them.
ARTICLE IV
Section I. The House of Representatives shall
have the sole power of impeaching.
Section 11. All impeichments shall be tried by
the Senate; when sitting fur 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 all other civil
officers under this Commonwealth, shall be liable to
impeachment for any misdemeanour in office; but
judgment, in such cases, shall not extend further
than to removal from office, and disqualification 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 T. The judicial power of this Common
wealth shall be vested in a Supreme Court, in
Courts of Oyer and Terminer and General Jail De
livery, in a Court of Common Pleas, Orphans' Court,
Register's Court, arid 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 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 law, shall be nominated by the Governor, and by
and with the consent of the Senate appointed and
commissioned by him. The judges of the Supreme
Court shall hold their offices for The term of fifteen
years if they shall so long behave themselves well.
The president judges if the several Courts of Common
Pleas and of such other Courts of Record as are or
shall be est& Usher! by law. and all other judges re
quired to he le :riled in the lair, shall hold their offices
for the terra of ten years if they shall so long behave
themselves well. The Associate judges of the Courts
of Common Pleas shall hold their offiv•es for the term
of five pars if they shall so long behave themselves
But for any re,tsunable cause which shall not
he sufficient ground of Impeachment, the Governor
niay remove any of them on the address of two-thirds
qf each I ranch of the frgistature. ,The judges of the
Supreme Court and the 7.wesideAts of the several
Cowls of Common Pleas. shall at staled times receive
for their services an .adequate compensation to be
fired by 1 r ye', which shall nut be dim i nished during
their continuance in office, but they shall receive no
fees or perquisites if office, nor hold any other office
of profit under this Commonwcai.'ll.
Section 111. Until otherwise directed by low, th e
Courts of Conanni: Pleas shall continue as at present
est ibiLdud. rint sire than - live ',main s h a lt a t any
time be included in one judicial district urganizea
for said Cow to.
IV. The indsdiellon of the Supreme
t unit shall extend river the State t and the judges
thereof, s.ltall I r virtue of their etiii:es, he ju•tices
of r and Tettniner and GClici JAI Delivery, in
1,114 , several a•ar.tics,
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 s 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
rower 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 I 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 he 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
pies 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 he 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 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 1. Sheriffs and coroners shall, at the
times and places of election of representatives, be
I chosen by the citizens of each county. One person
shall be chosen for each office, mho 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 teem of six years. Vacate
eles in either of the said offices shall be filled ty
an appointment, to be made by the Governor, m
comae ce until the next general election, rind mill
a succes'Stesr, shall be chosen and qualified as afire
said.
Section If. Tate freemen of this commonwealth
shall be armed, or e „ : "lnnized and disciplined for its
defence, when and in i ' , lt manner as may be direted
by law. Those who cfn;..!.ientiously scruple to bear
arms, shall not be compelle,.l.- 'v_ do so, but shall ply
an equivalent fur personal service:.-.
Section In. ProMonotaries of SuP,r eme
Court shall be appointed by the said .t.i7Ou" for
the term q . three years if they so long bei l uT
,hemselvcs well. Prothonotaries and clerks of the:
several other courts, Recorders of deeds, and Rt.
Osiers of wills, shall at the times and places of
election if representatives, be elected by the quoli
fied electors of each county, or the districts over
which the jurisdiction of said courts extends, and
shall be commissioned by the Governor. 7h ey
shall hold their ekes Az- three years if they shall
so long behave them.qelves well, and until /foil
successors shall be duly qualified. The legisla
ture shall provide by law. the number of persons
in cads county who shall hold said qfices, and
how many and which of said offices shall be held
by one person. Vacancies in any of the said of
fees Shall be filled by appointmosts_to b e made
by the Governor. to continue anti/ the nest gene
ral election, and until successors shall be elated
and qualified as aforesaid.
Section IV. Proffionotaries, 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 Use 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 he elected
annually, by joint vote of both brandies of the legis
lature.
Section VII. Justices of the peace or aldermen
shall be elected in the several wards,
.boroughs,
and townships at the time of the election of con
stables by Me qualified voters thereef, in such
number as shall be directed by law, and shall be
commissioned by the Governor for a term of five
years; but no township, ward or borough shall
elect more titan two justices of the peace or alder
men without the consent of a majority of the qua
lified electors within such lownslup, ward or bo
rough.
Section VIII. All officers whose election or ap
pointment is not provided fin. in Chit constitution,
shall be elected or appointed as shall be directed
by law. No person sha ll be appointed to any of
fice within any county who shall not hare been a
citizen and an inhabitant therein one year
before his appointment, if the county shall hare
been so long erected ; but if it shall not have been
so long !reeled, then within the Emits ef the
county or counties out of which it shall have been
taken. Ni) member of Congress from this stale,
or any person holding or exercising any office or
appointment (f trust or profit under Me United
States, shall at the same time hold or exercise any
office in this slate, to which a salary is, w fees or
perquisites are by law, annexed ; and the legisla
ture may by law declare what Stale offices are in
compatible. No member of the Senate or of the
house if reprerentalires shall be appointed by the
Governor to any office during the term jiff which
lie shall have been elected.
:section IX. All officers for a term of
. years
shall hold their (Sias for the terms respectively
specified, only on the condition that they so long
behave themselves ; and shall be removed 071
conviction of misbehaviour in office or of any in
finnous crime.
Section X. Any person who shall, after the
adoption of the amendments proposed by this
Conrention 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 (f holding any (jice of honour or profs in
this State, and shall be punished otherwise in such
manner as is, or may be prescribed by law ; but
the executive may remit the said offence and all
its disquabficalions.
=ME!
Section I. The legislature shall, us 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 M. The rights, privileges, immunities
and estates of religious societies and corporate bo
dies, shalt remain as if the constitution of this State
had not been altered or amended.
Section IV. The legislaturrshall not invest any
corporate body or individual with the privilege
I f faking private properly for public use, without
requiring such corporation or individual to make
compensation to the owners of said property, or
give adequate security therefor, before such pro
perty shall be takim
A itTicL F. VIII
Members of the General Assembly, and all offi
cers, executive and judicial, sliall 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 goverionent may be recognised :aid
unalterably established, WE DECLARE, TuAT
;Section I. All men .tie born equally free and in.
enilent, and have certain inherent and indefeasible
rights, among which are those of enjoying and de.
feitilinz life and film of ro*sessin‘
THE NEW CONS'T'ITUTION.
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 fur 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 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 w profit under this Commonwealth.
Section V. Elections shall be free and equal.
Section VI. Trial by jury shall be as heretofore,
and the fight thereof remain inviolate.
Sectim 'VII. The printing presses shall be free to
every wrson who undertakes to examine the pro
; ceedinip of the legislature, or any branch of go
-1 vernmmt : And no law shall ever be made to re
strain the tight thereof. 'Cite fuse communication
of thelights and opinions is one of the invaluable
rightstof man; and every citizen troy freely spetils,
write and print on any subject, being responsible
for f o r abuse of that liberty. In prosecutions fir
the publication of papers investi4:ting the atheist
conduct of officers, or men in a public capacity, or
where the matter published is muper f or pone in
formation, the troth thereof miy be gives in
defier : And in all indictments for libel , the jury
shall have a right to determine the law aid the facts,
under the direction of the court, as in Alter cases.
Section VIII. The people shall be secure in their
persons, houses, papers and pussessons, from unrea•
sonahlt searches and seizures: Aid no warrant to
I search any place, or to seize nn' person or things,
shall issue, without devi Odin , them as nearly as
may be, nor without probate cause supported by
oath hr affirmation.
Sitttion IX. In all criminal prosecutions, the ac
cuse! bath a right to be ilea sal by himself and his
comsel, to demand the stature and cause of the ac
custtion against him, ti meet the witnesses face to
face, to hove compulsay process fur obtaining wit
nesses in his favour,and, in prosecutions by indict
; matt or informatioi, a speedy public trial, by an
iripartial jury of tbe vicinage; he cannot be corn
riled to give evienee against himself, nor can he
le deprived of Its life, liberty, or property, unless
by the j u d g meit of his peers or the law of the
land.
Section No person shall, for any indictable
offence, be p oceeded against criminally by informa
tion, except in eases arising in the land or no val
f or ces , or i• the militia when in actual service in
time of wsr or public danger, or by leave of the
court, for,ppressiun and misdemeanour in office. Nu
p ,
,„ 1,•, the same olli nee, he twice put in
i m ,,, r y of life or limb; our shall any man's
pro
perty,e Liken or applied hi politic use, without the
cons oit of his representative:, acOl without just
c o npOnsatioil !wing mode.
action XI. All combs shall he open, and every
tPn for an injury done him in his lands, per
on or lentil:lkon, shall hare remedy by the (hie
;nurse of law, and right find justice administered,
without sale, denial or delay. Suits may be brought
against the Commonwealth in such manner, in such
courts, andin such cases as the legislature miry by
la iv direct.
Section XII. No power of suspending laws shall
-vercised, unless by the legislature, of its au
be
thority;„ .7 '!”. Excessive bail shall not he re-
Section 2 "` I • , ve fines imposed, nor cruel pu
(piked, nor excesstv..
nishments inflicted. 'I be bailable by
Secti.in NIV. All prisoners shaf— , ,T e n e e•i, when
sufficient sureties, unless for capital 01. i...
an.l the
the proof is evident or presumption
privilege of the writ of habeas corpus shall”
suspended, unless when, in cases of rebellion or in
vasion, the public safety may require it.
Section XV. No commission of Oyer and.Terminer
( qCCtfgK.VI. The person of a debtor, where
there is not strong presumption of fraud, shall not
be continued in prison, after delivering tip his estate
for the benefit of his creditors, in such manner ns
shall be prescribed by law.
Section XVII. No ex post facto law, nor any law
impairing contracts shall he filmic.
Section XVIII. No person shall be attainted cf
treason or felony by the legislature.
Section XIX. Nn attainder shall work corruption
of blood, nor, except during the life of the offender,
forfeiture of estate to the commonwealili • the es
tates of such persons as shall destroy their own
lives, shall descend or vest as in case of noted
death ; and if any person shall be killed by
casualty, there shall be no forfeiture by reason
thereof.
Section XX. The citizens have a right, in a peace
able maim° to assemble together, for their common
good, :Old to apply to thase invested iviih the pow , :S
of government for robes, of grievallenS, or other
proper purposes, by petition, address ur remon
strance.
Section XXI. The right of citizens to bear 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 con rent of the Le
gislature; and the military sh ;11, in all and
at all times, be in strict subordinatho 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
for a longer term than during good behaviour.
Section XXV. Emigration from the State shall
not be prohibited.
Section XXVI. To guard against transgressions
of the high powers which we have delegated, WE
DUI, .1 RE, that every thing in this article is ex
cepted out of the general pawers of government, and
shall fur ever remain inviolate.
ARTICLE X.
Any amendment or amendmen s to this constitu
tion may be proposed in the Senate or house of Re
presentatires, and if the same shall he agreed to by
a majority of the members elected to each !louse, such
proposed amendment or amendments shall be entered
on their journals, with the yeas and nays taken
thereon, and the Secretary ,ff the t'onotionwealth shall
cause the same to be 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 ; Provided, that if' more than one amendment
be submitted, they shall be submitted in
. such manner
and form, that the people may rote for or against
each amendment separately and distinctly.
SCHEDULE
That no inconvenience may arise from the altera
tions and amendments in the Constitution of this
Commonwealth, and in order to carry the same Into
complete operation, it is hereby declared and ordain
ed, That,
Section I. All laws of this 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
etintinue to be construed and have effect as, if the
Said Constitution bad 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 shill 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-eight, shall be
in3uxurated cn the third 'Nem, iy in January
ME NEW CONSTITUTION.
eighteen hundred and thirty-nine, to which time
.he present executive tern, is hereby extended.
-section VI. The commissions of the judges of the
sopreme Court, who maybe in office on the firstday
o(January 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 Dornini one thousand eight hun
dred and forty-five; the commission next dated shall
expire on the fist day of January, Anno Domini
one thousand eight hundred anti forty-eight; the
commission next dated shall expire on the last day
January, Ann. Domini one thousand eight bun
lied and fifty-one; and the commission last dated
shall expire on the first day of January, Anno 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
ex,iire es follows : The eertunissiuns of one-half of
those who shall have held their offices 'en years or
'note at the adoption of the amendments to the consti
tution, shall expire on the twenty-seventh day of
one thousand eight hundred and third'-nine;
the commissions of the other half of those who shall
hire held their offices ten years or more at the adop
tion of the amendments to the constitution, shall
expire on the twenty-seventh 41.ty of February, one
thousand eight hundred awl forty-two ; the first hall
to embrace those whose commis..ions s halt d ear th e
oldest date. The commissions of all the remaining
'judges who shall not hat e held their offices for ten
years at the adoption of the amendments t. the con
.dirtnion shall expire on the twenty-seveiith day of
February next after the end of ten years floin the
Lrli ,if their commissions.
xrction VIII. The Recorders of the sever - .I rv
-I%' Courts, and other criminal courts in thi: Com
monwealth, shall be appointed fir the stone lime,
to the rite manner, the pie•i !cot jai Iges
f seteral judicial diarists; of those now in
mice. the commission oldest in date shall expire un
lie twenty-F..% milli day of Fela miry, enc. thousand
fight hundred and forty-one, and the others every
two yens thereafter artst,iaii,,, to their respective
d,,te.;. Those oldest in d'ite expiring rust.
si.ction IX. The legislature its first session on
der the amended eoe,titution, shall divide the other
associate judge; c 4 the State into f iur 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 6ccond 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 Februmy, eighteen hun
dred and fully-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
senimity of the commissions of the sev ora t judges.
Section N. Prothonotaties, clerks of the several
courts (except of the Supreme Court) recorders of
deeds and registers of wills, slut I he llrst elected under
the amended Constitution, at the election of repre
sent:dives in the year eighteen hundred and thirty
nine, in such manner as near be prescribed by law.
Section XI. 'the appointing power shall remain as
heretofore, and all otlicersi in the appointment of the
exc. - Mice department shall contione in the exercise
of the duties of their respective idlicei until the
legislature shall pass such laws as in it be required
by the eighth section of the sixth article of the
amend e d constitution, and until appointments sh
be :mole under such lams; unless their commissions
chatl lie superseded by new appointments, or shell
sooner expire by their own limitations, or the s hl
rlliees shall become vacant by death or resignati-e,
and such laws shall be enacted by the first legish
lure under the amended constitution.
Section XII. The first election for aldermen aid
j•istires of the peace shall be held in the 3 car eight
een hundred and forty, at the time fixed for the
election of constables. The legisl.itale at its
session under the amended constitution pio
x ide for the said election and for suli,equent
elections. The aldermen and justice , of the peace
now in commission, or who rimy in the int i• 11111 he
.Ippointed, shall continue to discharge Ihe dune; or
•hoil respective offices, until Oven days :iner the
, v which shall he fixed by law for the lq , l111 , 1.! of
commissions, at the expiration of which time.
, mmi.,sions shall expire.
.heir , foregoing is the amended
In testimony thatm,....„s agreed to in
c•nistittiti in of Penns'i • '-,tors of the.
convention, We the °dicers and ,
convention hare hereunto signed our Daum..
Philadelphia, the twenty-second day of Felon
nry, Anno Domini one thousand eight hundred
and thirty-eight, and of the Independence of
the t toted States of America the sixty-second.
JOHN SERGEANT, President.
Daniel Agnew, Ezra S. Hayhurst,
\A tn. Anus, Writ.
NI W. It dd win, Alm). IfellTenstein
Vadiraiin Banks, NI I I entlerson,
Jahn V. Barclay, in. I lenderson,
.1 wob II ndolar, Wm 'Lester,
ch is. A. liarnitz, High,
1,411. m Bedford, Jos. I lopkitism,
11 S. Bell, John Muni,
J ones Cowell Biddle, Jabez Hyde,
bens 1.. ltiget.,w, C11:1110, Jaied Ingersoll,
...411111. C. 16111i1i111, Ph.. ,11.111“.,
I 11:1 , . fire„ 11, Ge.ing, NI. Kenn,
Jetemi James Kennedy,
V. MI un Mown, A a,on Kent . ,
,'iv.en. Butler, IConigmacher,
ti.ifflllel CAtey, J c.,h Krebs,
Jelin Cummin, It. G. Long,
Thomas S. Cunningham, David Lyons,
William Curl], Alex. M nree,
Wm. Darlington, Joel K. Mann,
George Chambers, \V. M. Meredith,
John Chandler, James Merrill,
Joe. R. Chandler, Levi Merkel,
Ch. Chauncey, Wm. L. Miller,
Nathaniel Clapp, James Montgomery,
James Clarke, Christian Meyers
John Clarke, D. Nevin,
William Clark, Win. Overfield,
A. J. Cline, Ilit am Payne,
Lindley Coates, MitthisS Pennypacker,
R. K. Cochran, James Porter,
Thos. P. Cope, James Madison Porter,
Jusnua F. Cox, Saml. A. Purviance,
Walter Craig, E. C. Reigart,
Richd. M. Crain, A. H. Read,
Gco. T. Crawford, Geo. W. Ricer,
Cornelius Crum, Jno. Ritter,
Betijn. Martin, 11. Gold Rogers,
John J. 111‘Cahen, Samuel Royer,
E. T. M'Dowell, James M. Russell,
James Nl•Sherry Daniel Saeger,
Mark Darrah, John Morin Scott,
Harmar Dennv, Tobias Sellers,
John Dickey, • G. Seltzer.
Joshua Dickerson, Gco. Serrill,
Jacob Dillinger, !fumy Scheetz,
Jas. Donvin, George Shilleto,
J. It. Donnell, Thomas H. Sill,
Joseph M. Doran, Geo. Smith,
James Dunlop, Wm. Smyth.
Thomas Earle, Joseph Snively,
D. M. Farrelly, Jno. 11. Stcrigere,
Robt. Fleming, Jacob Stickel,
Walter Forwarn, Ebenezer W. Stuidevant
John Foulkrod, Thomas Taggart,
Joseph Fry, Jr. Morgan J. Thomas,
John Fuller, James Todd,
John A. Gamble, Thomas Weaver,
William Gearhart, Jacob B. Weidman
David Gilmore, IL G. NVliite,
Virgil Grencll, Geo. W. Woodward,
William L. Harris, R. Young.
Thomas Hastings,
(Attest,) S. Stiocit, Secretary.
G. L. Kum ?
J. WILLIAM ' S, S Assistant Secretaries.
SECRETARY'S OFFICE,
llminununc, FEIIRUAILV 28, 1838.1
I certify, that the foregoing is an exact and ultra
copy of " the Constitution of the Commonwealth of
Pennsylvania as amended by the Convention of one
thousand eight hundred and thirty-seven-thirty
eight," deposited in this office on the 26th day 0.
February, 1833 t the amendments being in italic,
and the retained o qtions of- the present Constitu
tion in roman letter.
TIM. If. HURROWES,
Sec'y of the Commonwealth.
March 27,1838. to-52
W ANTED, on the Gettysburg Exton.
. V V Sion of the Pennsylvania Rail Road,
#45'2,000 Hands!
To whom CONSTANT WORK and the
BEST OF WAGES will be given.
(0 - The Gettysburg Rail Road runs
thro' the most healthy part of this country.
Apply to
M. C. CLARKSON, Sup't.
Gettysburg, Pa.; May 19, 1839. tf-9
PUBLIC NOTICES
NO'lrleVi.
ALL persons indebted to the Estate of
WILLIAM LL A N date of Ham
iltonban township, Adams county, deceased,
are desired to call with the Subscribers, at.
make immediate payment, and those who
have claimsagainst said Estate,are requested
to present thorn, properly authenticated for
settlement.
The Administrators reside in Hanmilton•
ban township.
SAMUEL M'Ml MAN, ? Adm , rB.
VIVID NPIULLAN. (
AtJoust 21, 1,334
Encampment of Policia cerse
I,IIIIIIERE will be an Encampment of Vol}
jta- unteers formed at Gettysburg, in Ad
mq County, Pa. commencing on Thursday
the 13th of September next, nod to continuer
tot three days. The Encampment will be
brined by the "A merman Union Hat talion,''
but the ditl;.rent Volunteer Conmanieq with
in the Wends a Adamm and thi• "io,horin g
Countieg, are all invited to attend: .0, al4o
the Commissioned aril Stuff Aker.: of \llk
tut, ()law 2tl Bri! , atle, 5111Dctrio,,i1 Til
Tents, fuel, lc:C. ".1!1 :I" 1!I
quartntio , !r•
T. C. ',1`1!,1,1 . 1t. (;.,,.
S
\I
A. B KIM& l'Z,
B. F. NIeCONALJG
%VAL KING,
Commttiee of Arrangement.
Gettysburg, July 3, Is3t3. to-14
NOIPICE.
rival Subscriber, desirous that the affairs
IL of his deceased son, CH A R LES F.
HIM ES, should be settled up as soon as pos.
sible, gives notice to those indebted to his
Estate, either by Note, Book Account, or
otherwise, to settle the same on or in fore
the Est of October next; and to ntliird a con
venient opportunity fur such settlements, he
will attend at the hotel of llr %Vita M'Clel
Gettysburg,every Tuesday afternoon,
until that time. Those who have any claims
against said deceased, are requested to pre
sent the same, properly authenticated, for
settlement.
GEORGE 11111 ES, Adsn'r.
August 14.1 , 188. 61-20
Temperance Convention.
IN pursuance of a resolution of IPtl
ja• May last, a convention of Delegates
from the difleront Temperance Societies of
Franklin Co. will be held in Chambersburg,
on Friday the 7th day of September next.
The Sociekics are respectfully requested to
take timely measures to he represent
ed by six or more Delegates from each, and
furnish such information, as may be calcu
lated to advance Temperance effort and re
limn within our hounds.----Temperance,
Societies of neighboring Counties aro res
pectfully invited to favor us with a repre
sentation.
FRED. SMITH, g
"LAMP BERLIN,
RICHARD BOND, a
JAMES NIOR ROW, I g
JOHN SMITH, J
August 7, IQ3B. tul-P4
TEACHER WANTED.
rirtHE subscribers having determined to
M- establish an additional School in the
Borough of Gettysburg, are desirous of em
ploying a TEACHER, competent to leach
the following branches—namely: Reading,
Writing, Arethmetir, English Grammar,
Geography, Book-Keeping, Surveying,
Algebra and Geonicry. To such an one,
employment and a liberal salary will be giv
en. Apply to the subscribets,in the Borough
of Gettysburg.
T. STEVENS, rn
n
G. CHRITZM AN, I g:
WM. N. IRVINE,
JAMES COOPER, 5 - 1 -
A. B. KURTZ,
W. W. vAxToN,
Ammo 14, 1838. 11-20
TO JOURNEYMEN.
A JOURNEYMAN BLACKSMITH
AIR- wanted immediately by the subscriber,
residing in Menallen township, about ono
mile from Arendtstown. To a goal and
steady one, liberal wages and constant cm
ploytnetit will be given Apply immedwely.
JOHN BURKHOLDER.
August 14. 1839.
JOURNEYMEN WANTED.
wANT ED immeOinfely, 2or !
JOURNEY MEN SI It )E NI A.
MRS, to whom contqlii two! w:II
given for one , pyr.
required
'etersburg,
.1131 , usi 7, I •••,.
T,
11011 Tetteis Rin,,worms, Pimples on
the face,and of her 7 CJianeous eruptions,
prepared by VAUGIIMAN & DAVIS, Phila
delphia. Sold at the Apothecary and I)rug
Store of Dr. J. GILBEIVT.
Gettysburg, April 10, 1838. . tf-2
Office of the Star & Banner:
Chambersburg Street, a few doors West of
the Court-House.
I. The STAR & REPUBLICAN BANNER le pub- ~
.fished at TWO DOLLARS per annum (or Vol
urn° of 52 numbers,) payable half-yearly in a -
vance: or TWO DOLLARS & FIFTY CEN'.I.. rsF
if not paid until, after the expiration of the year.
11. No subscription will be received for a she...e.
period than six months; nor will the paper, bo die. '-
continued until all arrearages aro paid, unless a`
the option of the Editor. A failure to notify a di—
continuance will be considered a new engagemen•
and the paper forwarded accordingly.
HI. ADVERTISEMENTS not exceeding a square
will be inserted THREE times for $l, and 25 min.: - :1
for each subsequent insertion—the number of i:
soaking to be marked, or they will be published till
forbid and charged accordingly ; longer ones in
the same proportion. A reasonable deduction wiil
be made to those who arh ) ertise 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
1 011 \ DEL 111•,1I