II
IQ
U
II
,
lie .General Assembly,. -
and perform
kixeh other duties as may be i,njoined up
tin him by law.
'7'8E0.19. The Secretary of InTernal M.;
fairs shall exercise all the powers and
:perform all the duties of the Surveyor
General, subject to'such changes as shall
be made bylaw. Ells department shall
embrace a burea of industrial statistics,
and ho shall dise urge such duties relat
ing 4 7 3 to corporal as. to the charitable in.-
stitptions, the agricultural, In anufaetur
. ing; mining, mlnerali timber and Other
- material f . ,or, business - interests , of the
State as may% be prescribed by law.- - 4. e '
shatlattntuilly, and at such other times
tis may be - required by law, make report,
to the General Assembly.
l 1 0 „,,
l e ; 2 8
t O r .
u T e
t h i
o e
n Superintendent o n f l P l
t u l b l e -
Ti 0,,e._ rs and performitll the duties of the
67 Strintendent of Common Schools,
Oa tosuch changes as shall be made
by eve.
See. 21. The term of the Secretary of
Intetrnal Affairs shall ho four years, of
the Auditor General, three years, and of
the State Treasurer two years..' These
officers.shilltbe chosen by the qualified
electors of the State at general elections.
lio person elected to the office of Audi
tor-General or State Treasurer shall be
capable of holding the same office for
two consecutive terms.
Sae. 2.2. The , present Great Seal of
Pennsylvania shall be the seal of the
State.. -_,..
All commissions shall be lathe name
and tif-ths authority of the Common
wealth of Pennsylvania, and be sealed
with the State seal and signed by the
Governor. .
ARTICLE V. •
THE JUDICIART
. .
SECTIois 1 1 . The judicial power of this
Commonwealth shalt be vested in a Supreme
Court, in Courts of Common Pleas, Courts
of Oyer and Terminer and General Jail De
livery, Courts of Quarter Sessions of the
Peace, Orphans' Courts, Magistrates'-Courts,
and in such other Courts as the General As
sembly may from time to time establish. -
- '''~SEC. 2. The Supreme Court shall consist
of seven Judges,, who shall lid elected by
the mialified electors of the State at large.
They shall hold their offices for the term of
tweuty,one, years, if they so long behave
themselves well s but shall not be again ell
sgibres-s-The Judge whose commission shall
','' first expire Shall tie Chief Justice, and there
after
.. each Judge whose commission shall
first expire shall in turn ho Chief Justice.
'' Ste: 3. The jurisdiction of the Supreme
Court shall extend over the , State, and the
'Judges thereof shall, by virtue of their offi
ces, be justices of oyer and terminer and
general jail delivery In the several counties;
they shall have of igmal jurisdiction in cases
of injunction, and; where r i corporation is a
party.defendlint; of habeas eofpus, of -man
damus, and tocourts of inferior jurisdic
tion; - and in ease ease' of quo warranto, as
to all Officers of the Commonwealth whose
jurisdiction extends over the State, but shall
ziot exercise any other original jurisdiction.
They shall have appellate jurisdiction by
appeal,. certiorari or writ of error in'all ca l
scs, as is now or . may hereafter be provided
by law. -
Sim' 4. Until otherwise directed by law,
the Courts of Common Pleas shall continue
its, at present established, except as herein
changed. ' Not more than four counties shall
at any time be included in. otie judicial dis
trict organized for said Courts.
SEC. G. Whenever a COWAN shall'cantain
forty thousand inhabitants it shall consti
tute a separate judicial district, and shall
- , elect one Judge learned lathe-law; and the -
Igt;ltertil Assembly shall Provide for addition
al-l Judges es the business of the said districts
may require. Counties containing a popu
latioieless than is sufficient to constitute sep
arate districts shall be formed into conve
nient single districts,- or, if necessary, may
be attached to contiguous districts, as the
General Assembly may provide. The office of
Associate Judie, not learned in the law,
is abolished i L li counties forming separate
districts; but the several Associate Judges
- in office when this Constitution shall be
adopted shall serve for their unexpired terms.
Ste. 6:' In the counties of Philadelphia
and Allegheny all the jurisdiction and pow
ers now vested in the District Courts and
Courts of Common Pleas, subject to such
changes as may be' inside by this Constitu
tion or by law, shall he in Philadelphia vest-,
ed in four, and in Allegheny in two distinct
and separate cpurts of equal and co.ordi
, nate jurisdiction, composed of three Judges
each. The said courts in Philadelohiashall
_. . _tes,AcksitileAlr,ssimtely the Court of
s er one, number two,
number three, and number four, and in Al
legheny as the Court of Common;P l eas num.
her one andnumber two; but the number of
said courts may be by law increased from
time to time, and shall ba,in like mannertes
igniited by successive uti m i .ss...4sssr - 111 rosy
cdu fl ft W - fiefe - the establishment of an Addl
., tional court may, be authorized by law, may
be bun -eased from time to time; and when:
ever such ineifease shall amount in the Ivliole
to three,-such three Judges shall compose
a distinct; and separate court mum aforesaid,
which shall be numbered as aforesaid. In
Philadelphia all suits shall "be instituted in
the said 'Courts of Common Pleas,, without.
designating the number of sldd 4eurt; and
the several courts shall distribute and up
portion the busineSs among them in such a
manner as shall be provided by rules of
-
court; and each colia-to' which any suit
.Shall thus be assigned shall have exclusive
jurisdiction thereof, subject to change of
venue, as shall be provided by law. In Al
legheny each courtsehall have exclusive ju:
risdiction of all proceedings at law and .in
' equity commencedthereinssubject to change
of yenue as may be rovided by law.
SEC. 7. For Pltili
delphia there shall be
i
one Prothonotary's; thee and one Prothon
otary for all said ;e l o rts, to baappointed by
the Judges of said courts, and to hold of
fice for three yeers; subject to removal by a
majority ofthe iiiii Judges. Thesaid Pro
thonotary shall appoint - such assistants as
may be -necessary land" authorized by said
courts; and he tsiid his assistants shall re
ceive fixed salaries, to be determined by
law, and 'paid by said county. All fees col
lected in said offlee'except such as may be,
by law due to the ( Commonwealth s shall be
paid by the Prothonotary into the county
treasury. Each court shall have its sepa
rate dockets, except the judgment docket,
which shale , contain the judgments mid
liens of all the said courts, as is or may be
directed by law.
SEC. 8. The said courts in the "counties of
Philadelphia and Allegheny rspectively
t
shall, from time to time, in turn, detail one
or more of their Judges to hold l he courts
of Oyer and Terminer and the Courts of,
Quarter Sessions of the Peace of said coup
ties in such manner as may be directed by
law, .. '
Ste. 9. Judges of the Courtsi off Common /
Pleas learned in the law shall be LlTudif,es of
the Courts of 'Oyer and Terminer, Qearter
Sessions - of the Peace, and General Jail De
• livery l and of the Orphans' Court, and'wi th
in their respective districts shall be Justices
of the Peace as to criminal matters. '
SEC. 10.. The Judges of the Courts:of Coin.
mon Pleas, within - their ressective counties,
shall have power to issue writs of esrtiorari
to Justices of the Peace and other info.",
. riot's courts not of record, and to cause their'
proceedings to be brought before theta and
t right and justice to be done.
SEC. 11. - Except as otherwise provided in
this Constitution, ;Justices of the Peace or
Aldermen shall be elected in the several
wards, districts, boroughs}hod townships at
the -time- of the electi s trfi of constables by
the qualified electors thereof, ins Such man.'
nor as shall be directed by law, and sledl be,
commissioned by the Governor for a term'
of five years. No township, ward, district,'
or borough 'shall elect more 016 two Jus
tices of the Peace or Aldermen without the
consentssf a mejority of the (piddled elec
tors within such township, ward, or bor
ough; np person shall be elected to such of.
lice unl,sti he shall have resided 'within the
tewnshiP,_borough, ward, or district for one'
year next preceding his election. In cities
containlig over fifty thousand inhabitants
not more than one.Aidermau shall be elect
. ed in each-ward or distri,v. • .
Site. lz, In 'Philadelphia There „shall be
- established, for_ elicit 45;(000 inhabitants, ono
• k 'Court nett" Of _ record, , of. police nud civil
causes, with jurisdiction not exceeding ono
hundred dollars. Suckamitts shall be held
by magistrates whose tern" of 'office shall be
. live years; and they shall be elected_on gen
eral ticket by the qualified voters at -large;
and in the election of the said 'magistrates
no voter shall vote fisti more titan two-thirds
of the number of persons to be elected when
;bore than one are to be chosen.. They shall
be compensated only by fixed salaries, to be:
slid by the said county; and shall exercise
ch jurisdiction, civil and criminal, except
as herein provided, as is 'now exercised _by
Aldermen, subject to such Cheugen, not in - -
solving au 'increase of civil jurisdiction ,CIP
- conferring politie:sl 'duties, as may be made
by Jaw; in Philadelphia the office of Al
. clerman Is abolished, ' . ,
t3gc, n, Ali too, goo,. owl mollies -111
said'Coqts shall be pnid , into the county
treasury . .. -.-
. •
SEC. 14. In all cases Of 431111kMart
ticin in this Couunbni - ealth; or of -pitlgtuent
in suiffor a penalty before a: niatiptra,t&or
court not of record; either Party , :puty, ap
peal to such court of record 4-5 may be.pre
scrihed by law,2up.on.alloivnttee t.sf the np
pollute court or judge thereof,' Opon' , 6 - ause
-
-
- All Judges required cf.bel earned
in the law, except_ the Judges. ot the., Sti-_
preniheourt; shall be-elected - by the
tied eleetors of thaespective districts over
- which they are to preStile, and shall hold
their offices for the period, of ten years;
theYsball :so long behave themselves - well;
but for any reasonable cause, - which ,shall
sufficient ground for : impeachment,
the Governor may retrieve any Of them on
the address of two-thirds of each .house of
the General "Asiernbly.
Sue. •10. Whenever, two_Jmiggs_of the Su.
preme Court arelo 'be chosen for the Same ,
term of service, each voter shall votelfor
one only; and when three are to be chbsen,
he shalt vote for no more than two. The
candidate highest,in vote shall" be
,declared.
elected. - •
SEC. 17. Should buy two or more Judges Of
the Supreme Court, or any 'two or more
Judges, of the Court of Compton Pleas for
the -same district be elected at the same
time, they shall, as. soon after the electien
as convenient, cast lots for priority of com
mission, and certify the,reSult to the Gov
ernor, issuelheir commission* in
aebordance therewith. -
Sue. IS. The Judges' of the Supreme
Court and the Judges of the several Courts
' CommOn Pleas.-andhall other Judges re
quired to be learned 'in the laW, shall, at
stated times, receive for their services an
adequate'compensation, which shall be fixed
by law and paid by the State. ' They shall
receive no Other compensation, fees, or per
quisites of office for their services from tiny
source, nor, bold any other °filed of profit
under the United States, this State, or any
other State.
SEO. 19. :The Judgei of the Supreme
Court, during their continuance in office,
shall reside within this Commonwealth; and
the other Judges, during their continuance
in office, shall reside within the district for
which they shall be respectively elected.
litr.o. 20. The several Courts of Common
Pleas, besides the powers. herein conferred,
shall have and exercise within their respect,
ive diltricts, subject to such changes as may
be made by law, such chancery powers as
are now vested by law in the several Courts
of Common Pleas of this Commonwealth,
or as may hereafter be conferred upon them
by law.
SEC. 21. No duties shall be imposed by
law upon the Supreme Court or any -of the'
JUdges thereof except such as , are judicial,
nbr shall any of the Judges thereof exer
cise any power of appointment except as
herein provided. The Court of Nisi Prias
is hereby abolished, and rid court of origi
nal jurisdiction to be presided over by any
one or more of the Judges of the Supreme
Court shall be established.
Sue. 22. In every county wherein the
population shall exceed one hundred and
fifty thousand the General 'Assembly shall,
and in any other county May, establish a
separate Orphans' Court, to , consist of one
or more Judges; who shall be learned in the
law, which court shall exercise aU the kills
t diction: and powers now vested in, or which
May hereafter be conferred upon, the Or- '
phinas' Courts, and thereupon the jurisdic
tion of the Judges of the Court of Common
Pleas within such county in Orphans' Court'.
proceedings shall cease and determine. In
any county in which a separate Orphans'
Court shall be established, the Register of
Wills shall be clerk of such court, and sub
ject to its direction in all matters pertaining
to his office. Ile may appoint, assistant
clerks, but only with the consent and up-.
proval of said court. All accounts filed
with him as register or as clerk of the said
separate Orphans' Court shall be audited by
the court without expense to parties, except
where all parties in interest in a pending
proceeditig shall nominate an auditor whom
the court may, in its discretion, appoint:—
In every county Orphans' Courts shall -pos
sess all the powers and jurisdiction of a
Register's Court, and separate liegistere
Courts are hereby abolished.
SEC. 23. The style of all process shall be'
"`Tie Commonwealth of Pennsylvania."—;
All prosecutions shall be carried on in the
name and by the authority of the Common
wealth of Pennsylvania, and conclude
against the peace and dignity of the same.
SEC. 24. In all cases of felonious homi
cide, and in such other criminal cases as
may be provided for - by law,- the accused,
utter conviction and sentence, may remove
the indictment, record, and all proceedings
to the Supreme Court for review.
SEC. 25. AnAvacaucy happening by death,
resignation, or otherwise in any court of rec
ord shall be filled by appointment bsr the
Governor, to..contiaa...Arn„,-1--.. , tellist - gentral
erection whien snail occur three or more
mouths after the happening of such vacan
cy.
-Sue. 20. All laws relating to courts shall
be general and of uniform operation, and
the organization, jurisdiction and powers of
all courts of the same class or grade, so far
as regulated by i law, and I the force and cf
feet of the prom's and judgments of such
courts shall be uniform; and the General
Assembly is hereby prohibited from crea
ting other courts to exercise the powers vest
ed by this Constitution in the Judges of the
Courts of Common Pleas and Orpheus'
Courts.
SEC. 27. The parties, by agreement filed,
may, in any civil case, dispense with trial
j
b jury and submit the decision' of such
case to the court having jurisdiction there
of, and such court shall hear and determine
the same; and- the judgment thereon shall
be subject to writ of error as in other cases.
ARTICLE VI.
IMPEACEMEET AND REMOVAL FECAL OFFICE.
&arum 1. The House of Representatives
shall have the sole power of impeachment.
SEc. 2. All impeachments shall be tried
by the senate. When sitting for that pur
pose, the Senators shall be upon oath or af
firmation. No person • shall be convicted
without the concurrence of two-thirds of
the members present.
SEC. 3. The Governorand all other civil of
ficers shall be liable to impeachment for any
misdemeanor in office, but judgment in Such
cases shall not extend further than to remo
val from effiee and disqualification to hold
any office of trust or profit under this Com
monwealth; the person , accused, whether
convicted or acquitted, shall nevertheless be
liable to indictment, trial, judgment, and
punishment according to law.
Snr. 4. All officers shall hold their offices
on the condition that they behave themselves
well while in office, and shall be removed
on conviction of misbehavior tn office or of
any infamous crime.
Appointed officers other than Judges of
the courts of record and the Superintendent
of Public Instruction may be removed at
the pleasure of the power by which they
shall have been appointed. All officers,
"elected by the people', except Governor,'
Liig , t'ttennnt Governor, members of the Gen
er;il Assembly, and Judges of the courts of
record learned in the law, shall be removed
by the Governor for reasonable cause, after
due notice and full hearing, ou the address
of two-thirds of the Senate.
ARTICLE VII. •
o-iTri OF orricE.
SEcerrox 1. Senators and Representatives
and all judicial, State, and county officers
shall, before entering on the duties of their
respective offices, take and subscribe the fol
lowing oath or of e,
" I do solemnly swear (or affirm) that I
will 'support, obey, and defend. the Consti
tution of the United States and the Consti
tution of this Commonwealtlf,,:and that, I
will di. - icharge the duties of my office with
fidelity; that I have not paid - orcontribu
ted, oil promised to pay or contribute, either
directly or indirectly, any money, or other
valuable thing, to pro Cure my _nomination
or election, (or appointment,) except for nec
essary and proper expenses expressly au-
Iliiirized by law; that I have net knowtngly
violated any election laW of this Common
wealth, or procured it to' be dons by 'others
in my behalf; that I will not knowingly're.
ceive, directly or indirectly, any money or
other valuable thing for the perforniance or
nonperformance of any aet or duty pertain
ing to my office, other than the compensa
tion allowed by law." - ' - -
The foregoing oath shall be, adminiStered
by • some person• authorized to- administer•
oaths, and in the case of State officers and
Judges of the Supreme Court, shall-be - filed
In-the office of the Secretary of the • Com-, -
rnonWeal tb, and-in the case of other judicial
and county officers in the office of the Pro ,
thonotary of the county in which the same
is taken.- Any person refusing to take said
oath or affirmation .shall;-forfeit .his office,
and any person who :aball be convicted, of
'having sworn or affirmed falselyor.Of hay
ing violated said oath _or' offirmittioti ; shalt
be guilty-of perjt ry, 'and be forever
lfa from bolgrog sox ; office' of trust or,
profit'wituin'this Vommotivigalth. - , •
The oath - to the members= of : the Senate
tittd LOcill 4 P of RePrekelltfinYgl. Ail: fie ad=
Pleteterell one Of the ,Tridgesi' of tite . :Sti•
prone 'Court or • ofra,"Cohrt of .Counnon
Plead lea ; neti ,the 1 . 4 n. in. the liall;af the
house to , Wilde i tliefagmliertishall eleCted.
41,11.1 1 1,CLE
e SIIFOP - A. ot , , 4:1 1 71) Ziti!*,461i01 4 16, ,
. S.r.ovrow ILl:llvery,„tuttle`citizen twentiOne
rats of age; possessing the -follosilnglitial
ifications, lie entitle ti tit vote at all
elections: •
,
Ife-sliall have been ,
citizen ofs, the
United,States atleast one , asofitlessss.s„,
Second: Itnsliallluive resided .in the State,
one year (or; • if haiing PreViotisly `.been'•it
qualiaisd elector - or -riatlVe lien _citizen 'of =
the Stato, s he shall linve renioved therefrem
`and fettirned;',theri Six Months) ititmcdiately,
preeeding the election:' • ,
Thirds- Me-Shall have resided , iti the, klec
tion,distriet- wherehe shall Offer to Vote 'at
least two months huniediatelypreceding the,
election, , • , • r
Fourth. If twenty-two Years of 'age or up
ward, he Shall have ; nild within two years al
State or county, tax, .which, shall ba•ve been
assessed at least two ;:months And paid - at
least one niontli before the, ,election
. See. 2. The general election filial! he-beld
annually on the Tuesday,next ] foilowleg the
first Monday of November, but-the General
Assembly may. by law fix. a 'different
two-thirds of all the menibersiof each house
-
consenting thereto': _ ,
SEC: •8. All eleCtiol39 . for city, Witra,-Nor
ough, and township officers, for, regular'
terms of service, shall be held on the third_
Tuesday of - Febritary.
SEc. 4. All elections by the citizens shall,
Ibe by ballot. Every ballot voted' shall' be
numbered in the order in •which,it-sliall be
' received; and the number se:corded by the
election• officers on thelist of voters; oppo
site the name of the elector who presents
the ballot. - Any elector may Write his name"
upon his ticket, or cause the
_Brune --to' be
written thereon and attested by a citizen of
1 , the district. The election 'officers' Alan be
sworn or affirmed not to disclose how 'any
elector shall have voted - unless required to
do so as witnesses in ajudicial -proceeding.
SEC. 5. Electors shall in all: cases' except
, treason, felony, and breach of surety of the
peace, be privileged from arrest during their
attendanee on elections and in going to and
returning therefrom.
SEC. 0. Whenever any -of the qualified
electors of this Commonwealth shall be in
actual military service,
under a requisition
from the President of the United States or
by the authority of this Cominonwealth,
such electors may exercise the right of suf
frage in all elections by the citizens,' under
such regulations as are or shall be prescribed
by law, as fully as if they were present at
their usual places of election. • • •
SEC. 7. All laws regulating the holding of
elections by the citizens or for the registra
tion of electors shall be uniform through
out the State; but no elector shall be de
prived of the privilege of voting by reason
of his name not being registered.-
SEC. 8. Any' person- who shall give, or
promise or oiler to give to an elector, any
money, reward, or othersvaluable consider
ation for his vote at an election, or for with
holding the same, or who shall give or prom
ise to give such consideration to any other
person or party for such elector's vote, or
for the withholding thereof, and any elector
who shall receive or. agree to receive, for
himself or for another, any money, reward,
or other valuable consideration for his vote
at an eleetion, or for withholding the same,
shall thereby forfeit the right to vote at such
election; 'and any elector whose right to:
vote shall be challenged for such 'cause be
fore the election officers shall be required to
swear or'affirm that the matter of thechal-
Aenge is Untrue before his vote. ball be, re
ceived.
SEC. O. Any person who shall, while a
candidate for ofliee, be guilty' of bribery,
fraud, or willful violation of, any election
' law, shall - be forever disqUalified from hold
ing an office of trust or profit in this Com
monwealth; and any person convicted of
willful violation of the election laws shall,
in addition to any penalties provided by
law, be deprived of the right of suffrage eh-.
solutely 'for a term of four years:
.SEC. 10. In trials of contested 'elections,
and in, proceedings for the investigation of
elections, no person shall be permitted to
Withhold his testimony upon the ground
that it may criminate himself or subject him
to public infamy; but such testimony shall'
not afterwards be used against him in any
judicial proceeding, except for perjury- in
giving such testimony.
SEC. 11. Townships and wards of cities
or boroughs shall form or be divided into
election districts of compact and contiguous
territory, in such manner as the Court of
Quarter Sessions of the city or county in
which the same are located may direct; but
districts in Cities of over one hundredthou
sand inhabitants shall be divided b, - ) - the
Courts of Quarter Sessions havin_g_ jerisdie„s'
tion therein whenesies-e*--Reourett and' fifty
_..l.Ncoti - ISOM/ have been polled therein; and
other election districts whenever the court
of the proper county shall be of opinion
that the convenience of the electcirs and the
public interestsbvill be promoted thereby.
SEC. 12. All elections by persons in a rep
resentative capacity shall be vrvA VOCE.
SEC. 18. For the purpose of voting, no
person shall be deemed ,to have gained, a
residence by reason of his presence, or lost
it by reason of his absence while employed
in the service, either civil •or military, of
this State or of the United States, nor while
engaged in- the nasjgation of the waters' of
the State or of the United States, or on the
high seas, nor while a student of any insti
tution of learning, nor while kept in any
poor house or other asylum .at public ex
pense,' nor while confined in public prison.
SEC. 14. District election boards shall
consist of a judge and two inspectors, who
shall be chosen annually by the citizens.—
Each elector shall have the right to vote for
the judge and one inspector, and each-in
spector shall appoint one clerk. The first
election board - for any new distaict shall be
selected and vacancies in election Winds
filled as shall be provided bylaw. , Election
officers shall be privileged from arkest upon
days of election and while engaged in mak
ing
uptitransmitting returns, except up
on wary of a court of record' or judge
thereof for an election fraud, fer felony, or
lorzyanton breach of the peace. In cities
they - May s elaim exemption fro" jury duty
during their terms' of service.
SEC. 15. No person shall be qualified - to
serve as an election officer who ;shall hold,
or shall within two months have held any
office, appointment, or employment in or
under the Government of the United States,
or of this State, or of any city or county,
or of any municipal, board, commission, or
trust in any city, save only justices of the
peace and. .aldermen, notaries public, and
persons in the militia service of the State;
nor shall any election officer be' eligible to
any civil office to be filled at an election at
which he shall serve, save only to such sub
ordinate municipal or local offices below the
grade of city or county offices as shall be
designated by general law.
SEC. 1,0. The Courts of Common Pleas of
the several counties of the Commonwealth
shall have power within their respective ju
risdictions to appoint overseers of eleetion
to supervise the proceedings of election of
ficers, and to make report to the court as
may be required; suck appointments to be
made for any district in a city or county,
upon petition of five citizens, lawful voters
of such election district, setting forth that
such appointment ,is a reasonable precaution
to secure the purity and fairness of elec
tions. Overseers shall -he two in number
for an election district, shall be residents
therein, and shakl - ,l' be persons qualified to
serve upon ,election boards, and in each case
members of different political parties.—
Whenever the members of an election board•
shall differ
-in opiuien, the overseers, if they'
shall be agreed 'thereon, shall decide the
question of difference. 1n appointing over
seers of election, all the law judges og the
proper court, able to act at the time, Shall
concur in the appointments made. .
. Sac. The trial and determination of
contested elections of electors of 'President
and. Vice President, members Of the Gene
ral Assembly, and of all public ()Mugs,'
whether State, judicial, municipal, or local,
shall be by the courts of law, or by one or
more of the law judges thereof. The Gen- ,
eral Assembly shall, by general laW, desig
nate the - courts and judges by 'whom the
several classes of election contests -shall be
tried, and regulate the manner of Iritch and
all matters incident thereto; but no such I
law assigning jurisdiction, or regulating its
exercise, shall apply to any, contest- arising
out:of an election held before its paSsage.
ARTICLE IX.
TAXATION AND FINANCE. I
• • SECTION 1. All tat - ea shall be'unifortit up
-on the same class of subjects within%the ter;
ritorial limits of the tt'llthority. levying the
tax, and shall_ be levied and collected under
general , laws; but thC General • Assembly
may, by general Wyk exempt front taxa•
Lion public property.uscd for public pnrpoz
Emi t actuZttl•pi aces of religious Avoiship, plac'es'
of. burial not held or. used for pitvate or Cur.
panne profit, :and institutions of purely puli."
lie charity: , 7 •
5Ec..2. - ,411 laws exempting property from
taxation;
,othel than the property above enti•
*rated, sbalilhe, void.; •
•
Sec -,it , The power to Mx cerirciratliitiiiiint
coikente - Propertxalfall - not ho,Ont*deied
nthuspenlied
,bynny. ciiiiti . r4 - ;',Or '' grant Tfe-
WitieltAire - Stete shrill be a ,tittity;, '±,-,:,. . • s ~,.. ~„
_ i •Sirv,',4. No debt,shall'irO Created- iiio:6ii•
bebalf-'of the State, 'exceptic , atipply ; coral
deficiencies of 'reaedue,',repel;inv_nalbk suP - :
p`reasinsurecctiOn t • defend-I he. Stat&in-War,-
or to pity exiating debt, rotd?ittCdobt--.:6reai ,
tedloeupply deticiencies , jnYeirentre shell
never exceed in the :Coggregiitc - -at ',an one
lithe'One'e n
rillioof doilera:/ '-
',;'! -. i<li, :. y
~ r.-'•
.` :z 0
g• ...&1114W.s„,quthorizing the , horrow-I
. 1 0 brz money byland'on - tiqUelfi'et, the IStivie ,
'alrill apeeify the f'urpose for iehleh. the Twin
e.y tato be,..usedi andthe money sOborrowed
shill be. used for the_ perpopo spetideil and ;
n
n - '
,other. i ' '• ' —' • '- -., ..' . -`•=. -
I T EC. - ft. ' The:credit of I'M COnimonweiltli
shall not No pledged:or,loaned to any -hall-
vi tirk company,- corporation 6r Ussocla-,
ti - nor shiriPM - e Commonwealth beceme,
a obit owner or stockholder in any toixiPa
p , aasociation; or corporaticin." -2 ,f:
, *0: 7. The General :Assembly , shall - not
authorize any.counry,• city, borough, town-
Alp, or incorporate istrict , to 'beConuke
, stockholder _ orn ny; association, or
7corporatiori, or to, obtar , 0r... appropriate
Money for or to loan its eredi to any corpo
ranation, association, inatitutiOn,*' Or, iudivid
- .
l.
Sue. 3:. The debt of ;any county, city; boi;
ough,
,township„school district, ,or other
municipality, or Incorporated.' district,' ei-
Opt as herein provided, shall-never exceed
•
seven Per centum
,upon the assessed value of
the taxable propertyther*, nor shall any
such tuanicipSlity,or district incur any new
tight, Or dncrease its indebtedness
~ to an ,
intount exceeding two - Per eentum' upon,
such assessed valuation of propeity - without
the assenCof the eleeforn thereof, at a pub
lie election, in:such ninnies "as shall' be pro.
vided by law; tint 'any city, the debt of
which now exceeds seven per, ceritunt. of
'such assessed *aluationonay be' authorized
bylaw to increase the same three per cent
um in the aggregate at any one time upen
such valnation. ' i
Sue: Q. The. Commonwealth shall not as-.
some the debt; or any part thereof; of •any
city,,ccitinty, borough, or township; unless
such debt shall have- been contracted to'en
able`the State -to repel invasion, suppress
demestie insurrection, defend itself in time
of war, or -to assist the State in the dis
charge of any portion of itspresent indebt
epiness. • • ,
I Sue. 10. Any county, - township, school
district, or other municipality incurring any
indebtedness, shall, at or before the time of
so doing, provide for the collection — of an
'annual tax sufficient to pay the interest-and
also the principal thereof within thirty years.
1 SEC. 11. To provide for the payment of
the present State debt and any additional
debt contracted as aforesaid, the General
Assembly shall continue and maintain the
, tinking fund sufficient to pay the accruing
I interest on • such debt, and annually to re
duce the principal thereof by a sum not less
than two hundred and fifty thousand dol
lars. The said sinking fund shall consist of
the proceeds of the sales of the public works
qr any part thereof, and of the income or
proceeds of the sale of any stocks owned
hy the Commonwealth, together with other
funds and resources that may be designated
by law, and shall be increased from tune to
time by assigning to it any part of the taxes
or other revenues of the State not required
for the ordinary and current expenses of
government; and unless in ease of war, in
yasion, or insurrection, no part of the said
sinking fund shall be used or applied other--
wise than in the extinguishment of, the pub
lic debt. ,
Sue. 12. The moneys of the State, over
nil above .the necessary reserve, shall be
used in the payment of the debt of the
tate, either directly or „through the sinking
'und,and the moneysof the sinking fund shall
never be invested in or loaned upon the se
curity of anything except the bonds of the
Jnited States or of this State,
SEC. 13. The moneys held-as necessary re
erve shall be limited by law to the amount
equired for current expenses, and shall be
ecured and kept as may - be provided by
aw. Monthly statements shall be published
showing the amount of such moneys,-where
the same are deposited, and bow secured.
SEO. 14: The making of profit out of the
public . moneys, or using- the same for an3t
purpose not authorized by law, by any offi
cer of the State or memher or officer of the
General Ass.entW, shall be a misdemeanor,
and shall be punished as may be provided by,
law, but part of such punishment shall be
a disqualification to hold office for a period
of not less than five years."
ARTICLE X. - - •
1 EDUCATION.
Suorrow 1. The General Assembly shall
provide for the maintenance and etmost...of
a thorough and_eilleivnt---etnrdiren of this
o.thn.
nitTinwealth, above the age of six years;
may - be educated, and shall appropriate at
'least one million dollars each year- fort that
purpose.
SEC. 2. No money raised for the support
of the public schools of the Com monwealth
shall be appropriated to or used for the sup
port of, any sectarian school.
SEC. 3: "Women of twenty-one years of
age and upwards shall be eligible to any of-'
flee of control or management under the
school laws of this State.
ARTICLE XI. .
MILITIA. .
&arum 1. The freemen of this Common
wealth shall be armed, organized, and disci::
plined for its -defense when and in such
manner as may be directed by law. The
General Assembly shall provide for main-.
taining the militia by appropriations from
the Treasury of the Commonwealth, and
may'exempt from military service persons
having conscientious scruples against bear
ing arms
ARTICLE XII.
PUBLIC OFFICERS,
SECTION" 1. All ofbcers•whose selection Is
not provided for in this Constitution shall
be elected or appointed as may be directed
by law.
SEC. 2. No member of Congress from this
State, nor any person holding or exercising
any office or appointment of trust or profit
under the United States, shall at the same
time hold or exercise any office in this State
to which a salary, fees, or perquisites shall
be attached. The General Assembly may
by law declare.what offices are incompati
ble.
SEC. 3. Any person who shall 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 office
of honor or profit in this State, and may be
otherwise punished as shall be prescribed
by law.
ARTICLE XIII.
zr L W COUNtIES
. SECTION 1. No new county shall be estab
lished which shall reduce any county to less
than four hundred square mileti, or to less
than twenty thousand inhabitants; nor shall
any county be formed of less area, or con
taining a less population, nor shall any line
thereof pass within ten miles of the county
seat of any county proposed to be divided.
ARTICLE XIV.-
COUNTY OFFICERS
SECTION 1. County, officers shall Consist of
sheriffs, coroners, prothonotaries, resisters
of wills, recorders of deedS, commissioners,
treasurers, surveyors; auditors, • or control
lers, clerks of the courts, district attorneys,
and such others as may from , time to time
bo established by law; and no sheriff or
treasurer shall be eligible for the term next
succeeding the one for which he may be
elected..
Sic. 2. Conntypfficers shall be elected at
the general elections,' and shall hold their
offices for the term of three years, begin
ning on the first Monday of January next
after their election, and until their success-.
ors shall be duly qualified. All vacancies
not otherwise provided for shall be filled in
such manner as may be provided by law. •
SEC.' 3.- No person shall be appointed to
any office within any county who shalt not
have been a citizen and an inhabitant there
in one year next before his appointment,• if
the county shall have been so long erected;
but if it shall not have 'been so long erect
ed, then within the limits of the county or
counties out- of which it shall have heeii
taken. - -
SEC. 4. Prothonotaries, - clerks of , the
courts, recorders of ,deeds, registers of wills,
county surreyork, end sheraffs, shall heel)
their 'offices in the county town of the coun
ty in which, they respectively shall be offi
cers:'
- SEC. 5. :The coreriensation of county
cera shall be regulated by la*, and all,coun-.
ty officers, who are or may be salaried . shall
pay 'all fees which They stay, be authorized
.to receive into the. treasury of the county
or State, as may be directed by law. In
counties coritaintag'over one hundred and
filly thousand inhabitatitiValleounty,offieers
shall be paid by salary, .and no salary of
any such officer and •clerks, -- heretufore:
paid by fees , shall triet mem(' the ggreiMte
amount fees.earned daring his'term and
collected btor' for him. , - ,
See, 5.• The Ganeral'Assehthlf tyro:
vide by Jaw for thestriet - accountability "or_
elleonnty,lewasblp, - and borough,.offieers,,
as:well for. the - tees whid(cinatbe collided
)W114410 blin'oP -4 1 4 .1 . 114iciPtar
om
colnitt:cinetals O kiikets , iintl
fbß i gn:lb ilui,:-:614 11 0,r)t , Alien •- he OTektitt - iti
iri"the.yearoao
atlyentytfiirei and every third_ -yeai- 'Therent- -
4oftAlod iii.' , the*l'netion of sltiti Offfeeri each
iiif l 4 l 4 4 :oo. ol 4;sjiall . Yote for ramie -thints
tvio'Filiatin#; , ind'the• three' Orinna -having
the' higheatcnnqther_Of ;v0163 nhalt,,ho7elep/
,
vaetnip"? lit ".• lie' xiitra,of
`county conitnisi3iotier or-cpupt,r audit - 01 .001f
filled r hy thn Coitr(Of. Conarani!:-Plbstn of
the county itt.l;vhich each viipa,bey...stiftil ,
'ear; litlifif-hiii)oilifinerit of :in i.leetProf
' proper lutve voted fOrlhe
cOmmissioner
p i auditor wyose- place'
befilledr! , • - •
ARTICLE , X.' l l. '
pyrzEo _Apo',Ory.pporrurt's„,:-,, -
,SErinotl. ejliirtervd, when
ever riojOrity of =the, eteelqrs' - tl:llY.;qvi!fi
or Irrough haiing a.,p.oppyitiori - , lutist
,ten thousand shall vote' g any general eleeT
`t,ion•in 'favor of 'the same
SEC. 2. , 111/debt Ann kmt'oontrocted Or 114-
bil4y invorrectby, any mitnicipal-commis ,
sion, except,in pursuance 'of no apprOpria
tion_provionsly therefor' bYtlie, ylton 7 „
plaid koveroirkept,; . ;
.
^ e/tO. 8. Every ,
city shall create a sinking
/end; which shall be Inv rilably, pledged for
the payment of its fond d debt. •
' •
ARTICLE' XVI. j", - •
• - PRINATE ,coitrortkrioxs.
. • _
:fterrON-I.` All existing cbartere, or granti
of speCial 'or exclusive 'privileges; , under
which a bona llde - organization : shall _not
have taken place and business ,commenced
in
. good faith at the time of 'the adoption of
this Constitution; shall thereafter baire'no
.- , -
SEC. 2,--The General Assembly shall not" ,
remit the forfeiture of the charter,of ,any'
corporation now• existing, or alter,or amend,
the same, or pass any other general :.or spe
cial law for the benefit of such corporation,
except upen the condition that such 'corpo
ration shall thereafter hold-its.. charter
,sub
ject to the provisions • of this Comititution.
Sr.c. 3. The exeicise of Abe tight • of, emi
nent domain shall.never be abridged or so
Construed as to prevent the General Assent
bly.from taking the property and. franchises
•
t o ‘ f incorporated companies, and subjecting
them to public use, the same as the property
of individuAls; and the exercise of the po
lice power of the State shall 'never be
abridged or so construed as to permit cor
porations to conduct their business in such
manner as to infringe the equal rights of in
dividuals or the general well-being• of the
State. .
ScE. 4. In all elections - for directors, or
managers of a corporation each'member, Or
shareholder may cast the whole umber of
his votes- 'for one candidate, or distribute
them upon two or more eandidates,•as he
may prefer. -
SEC. 6. No foreign corporation shall do
any business in this State without having
one or more known places of business, and
an authorized agent or agents , in the same,
upon whom process may be served.
BEM 6. No corporation, shall 'engage in
any business other than that expressly au
thorized in its charter, nor shall it take or
hold any real estate, except such as may be
necessary and proper for its legitimaterhusi
mess. • • . •
BEo. 7. No corporation shall issue stocks
or bonds except for money, labor done, or
money or property actually received; and
all,figtitious increase of stock, or indebted
ness shall be void., The stock and indebt- c
educes of corporations shall not be increased
except, in pursuance of general law, nor
without consent Of 'the persons holding the
larger amount In value of the stock first ob
tained at a meeting to be held .after sixty
days'-.notice giVen in pursuance of law.
Sad. 8. Municipal and other corporations
and individuala invested with the privilege
of taking private property for public use
shall make just compensation for property
taken, injured, or.destroyed by the construe- ,
tion or enlargement of their works, high
ways j or improvements, which compensa
tion Shall be , paid or secured before such
taking, injury / or destruction. , The Gene
ral Assembly is hereby prohibited from de
priving any person of au appeal from any
preliminary assessment 'sf damages against
an- such coporations or individuals, made
by viewers or other Wise; and'the amount of
each damages, in all cases of appeal, shall,
on the' demand of either party, be deter
mined by a jury according to the course of
the common law.
SEC. 9. Every banking law shall proilde
for the registry and countersigning by an
officer of the State, of all notes or bills de
signed for circulation,, and that ar i ro secu
rity, to the full amount thereof for the re
. ii`griar of such notes or bills.
Sne. 10: The General Assembly shall have
the • power to alter, revoke,, or annul' any
charter of incorporation now existing and
revocable at the adoption of this Constitu
tion, or any that may hereafter be created,
whenever in their opinion•it may be injuri
ous to the citizens of this CoramonVealth,
in such manner, however, that no injustice
shall be done to the corporators. • No law
hereafter enacted shall create, renew, or ex
tend the charter of more than one corpora
tion.
Sno. 11. No corporate body to possess
banking and discounting privileges shall be
created or organized in pursuance of any
law without three months' previous public
notice at the place of the intended location
of the intention to apply for such privileges,
in such manner as shall be prescribed by
law, nor shall a charter for such privilege
be granted for a longer period, than twenty
years.
' tir.c. 12. -Any association or corporation
organized for the- purpose, or any individ
ual, shall have this right to construct and
maintain. lines of telegraph, within this
State, and to connect the same with-.other
_lines; and the Gdneral Assembly shall, lai ,
..
general law of uniform operation, provide
reasonable reg lations to give full effect to
this Section: o telegraph company shall
consolidate;with or hold a controlling inte
rest In the stock or bonds of any other tele
graph company owning a competing line,
or acquire,, by purchase or otherwise, any
other competing line of telegraph. -
BEO. 13. The term "corporations," as
used in this article, shall be construed to in
clude all. joint stock companies or associa
tions having any of the powers or privileges
of- corporations not possessed by individuals
or partnerships.
' AIMICILE XVII.
lIALLBOADS AND CANALS
BECTION 1. All railroads and canals shall be public
highways, and all railroad and canal companies shall be
conanon curlers. Any association or corporation or.
ganized for the purpoSe sfiall have the right to con
struct and operate a railroad between any points with
in this State and to, connect!at the State lino with rail-
roads of other States. Every railroad company shall
have the right with its road to intersect, connect with,
or cross any other railroad, and shall' receive and
transport each the others' passengers, tonnage, and
cars, loaded or empty, without delay or discrimination.
Sco. 2. Every railroad and canal corporation organ
ized in this State shall maintain an - oftleo therein,
where transfers of its•stock shall be made, and where
its books shall be kept for inspection by any stockhold.
er or creditor of such corporation, in which shall be
recorded the amount of bapital stock subscribed or
paid in, and by Whom, the names of the owners of its
stock and the amount owned by them, respectively,
the•transfers of said stock, and the names and places
of residence of its officers.
- SEC. S. All individuals, ACHOCidiOUS, end Corpora
tions shall have equal right to have persons and prop
erty transported over railroads and canals, and noun
doe or unreasonable discrimination shall be Made in
charges for or in facilities for transportation of freight
or passengers within the•State,or coming fronlor going
to any other ,State. Persons and, property transport:
ed over any railroad shall be delivered at any -station
at charges not exceeding the charges for trtu
of person. and property of the same class m'the
sumo direction to any more distant station; but eX
cutsion'alla CO mulatimallakets may be issued At
sPccialrates.
811 c, 4. No rail cad, Canal, or other corporathan, or
the lessees, purch. -ors,. or managers of any railroad
Or canal corporatio 1, shall consolidate the stock, prop
erty, or franchises of such corporation with, or 'crisp
or purchase the w. lie or franchises of, or ip any way
,control any other r • iiroad or canal corporation owning
or having' under. i 'control a parallel or competing
llues nor shall any officer 'of such railroad or canal
Corporation act as n carer of any other railroad or
canal corporatinti: ning or, having the centred of a
parallel or coptjamin t line, and the questeen whether
railroads :orl-efifillia a parallel or competing lines
shall, whenollistioncied by •the party complainant, be
decided by it, jury in other Civil issues.
1.3E0. 6. No incorporated company doing the bust.
nera of a common cartier'shall, directly or indirectly,
Proirecuto or engage in mining or manufactoring ar
ticles for transportation over its works, per shall such
Company, directly - or indirectly, engage , In any other
business than thatef common carriers, - or hold ae
- (infra Janda, freehold or,leaiiiihdid, directly - or • iudi
re-illy, except such iss shall bp necessary or carrying
do • ite _business; but any mining or manufacturing
company-may carry the- products - of Ita mines anti
,nlannfactoriea on its railroad or canal not exceeding
fifty miles in length.
- Ste. 0. No president, director, oillcer, agent, or em
ployee of-any railroad-or - canal coMpany shod bolo
tees/at:U.' directly or indirectly, in the farbialling of
• matorial or supplies to suclf,company; orin the bush.
ness ur-truntip.rtation as a cortunon carrier of freight
or patsengers over the works owned, leaScd. controlled
Or worked by such company. • ,• • - '
iisc. 7. No thscriminatiOn in charges or facilities for
tranaporist-on shall be_ trirde between transportation
eompardes and ludividnala; or in ,fiver of either, by
abatenle lit. drawback, or oiherivise, and no - railroad
or canal company. or any lessee, _manner, or era-'
ployee them of shay make any preferences in furnish- -
I-rig Cala or sa,trre power: - - •
.pigs: o^ Ne - riqtrtvd, railway or other traimPortation
company shall g.aut tree passes or passes , at a dia;"
omit, to ro.y.pvraortir except odicora or empioren of
the compiiy. -
SEC. C. No etreet passenger, railway 'shall be con
structed within ft, Moira of any city, borough Or'
- township without the consent Of•ita local , nethoritida.
No ralliwad, canal .0" other trananortatiore
OompaitY.'in,e/r4tencoatlthb,inne orttie`suloptibri of
ton'Orttele. Plait baVO.U4o.kiepelit , of *riylattrOlOgiV ,
ration' by general. or apeciti lawn, exectijt on condition
_.. :---: "i...' opfidinie •;•011 , •
'of cornileta . P6coPtiitle et ttli ple Jrr ••
4rticle.; 2 _;.. 7 . , _
.., • - ~• q 7-. ‘ - d 0 00 , of 010003. ,
o,4l.;:iw4o7eistfifirnyersAin-, 2li c , l ii t a Olittir"
- .4it0: 0 0 1- lergliOefirtgra Mt ' r-40A""`" -7tlieji"ii.e6ll4)is::
lionsigotrilad i anliptitilol4l 4 Vicitie "1 1 /. o f. Tuterol
are - ) 40 1 0 ritAtiltertr01/1-41. the *an t tk r, iv i gion , ov er
Airstri, - , , y,liti - - OWE: belik*.gort4o,lll,olplumatio;llo
them;sub,loolo OW re . imiattiMiAti
. .a ,
... thaio.,
iitgar 4 1 i VIVVOTe4 3 )Y iaWll4lailti Oa!!:,:inaliberatitry.
lini t l reports now:requtre4 is be Onulet „ iv 6 „1„,
-too roquiro - spelt rrperts„ arimv time upan _ „ _ ,
joutlelittiug
,to the littsturee of: tialls,
,: t„om,Pisztle 7, B .. r_r, ol l ,
Amy' ofilloer I7V 91 1 10tfil VielreOt -" .'
- 1 - i - ' - briv'
,„..tig0...1.2.....The Gawkrat.tesp.olitx sb4 Let) orre,. ,
prdpifistif KtTillittoettliA pro:riklmis of thtsi3rtime,
4 i'l •-, ~ Z-- -''' :.` 'g• ,AAn.cworct. ~ , • . ~ :
‘ , ~," • - - . ~ .
_ , , ,
jaseittottl,,Any. amendment Or.arnendentkto„tbl:
toustitntion May. beproposett lit lientitti OrlEVollett,
of ItepresentatlYee 'And if-,thettitnieettalkbq agreed to
bia.majirity of the mettibera - eta:fed to ettelt
float proposed amendment or atnettdments' shall bo;
entered tonlluds'journals,- witli”,the -yeas rind se4e
'taken tliereon, and the tascretary. ,Of of. Conintott-•
wealth: shilleitinsObertelo - • be published three
rra enthsbekciviathe next: wall electlontn at letutt
newsPapers4n eVery,Cot t ty snob newspapers
'shall be pnbliabed;, and if, in.-the General Aseenth/$
'Mat afternnrda ehosetionioh proposed aniendnield
- amendthentet shall •'be - agreed by.:a majority Of the
liamithers, sleeted . ..to tvleh.hous;,the_ Beeretary,Of the
CommunWenlth Omit entire the'same twain to beAmh•
`netted 'Jo Itie manner aforesaW•untt proposed'
amendment or amendments Shalt he. stibudtted,te the
'qnalifled electors of tlin State in Mich - mainter,and at
such ante, at - least three Months 'after being se' agreed
to by the two houses, as the timieral Assembly, shall
preseribeVand if such atheralthotit 'or 'amendments
shall he approved by a pojorty ,cd those voting'tliore
' ou,Sueltnmendinent.o,r amendments ,- shall become a
-part of 'the constitutheir-tnitnohmendment am'end
month - shall. be submitted oftener than once fti five
years; when two or more amendments shall WY - sub=
Milted they shall be Voted tiponlieparattly.
69Embuza4.,
That na inconvenience may,arlio. from the changesin
. the constitution of the Commonwealth, and in order
to carry the same into complete operation, -it is
• hereby declared that: . • • •
BECT/ON L This constitution shall' take effect on the
Bret day of January, in , the year one' thousand eight.
hundred and seveuty•four, for all purposes not Other
'wise provided for therein. - ' "
-
Bro. 2: All laws in force 'ln _this Commonwealth at
the time of theadoption of this constitution net in
consistent therewith, and ail rights, actions, proseelk•
'Sone, and contracts, shrill continue as. if this zcotiati-,
tution bad not been adopted. '
Sao. 3; At the general election in the years -one
thousand eight hundred and seventy-four and one
thousand .eight hundred and: seventy•five Senators
shall be elected 114,01 districts 'where there shall be
vacancies. Those elected in the year one thousand
eight hundred and seventY.four shall. serve for two
years, and those elected in the,' , year one thousand
eight hotindred and' seventy-flve ,shall serve 'for one,
year. Senators now elected; and' those whose tem!s
are unexpired, shall represent the districts, in whiZ
they reside until the end of the terms for which they
Were elected.
SEC. 4. At the general election in the year one then
sand eigut hundred and seventy-six, &matins shall be
elected from the even numbered districts to serve for
two years, and from - odd numbered districts to serve
tor fotir years. •
SEC. 4. The first election of Governor under this
constitution shall,be at the general election in tue
year one thousan eight hundred and- seventy-five,
when s Governor shall be slectddlor three years; and
the term of the Governor elected in the year ono thou
sand eight hundred and seventy-eight , and of those
thereafter elected shall be fur fourlears, according to
the provisions of this constitution.
SEo. 6. At the general election, in the year one Mori
:land eight hundred and seventy-four a Lieutenant
Governor shall be elected according to the provisions
of this constitution: - . : •
SEC. 7. Ttie Secretary 'of Internal Affairs shall be
elected at the first general election after the adoption
of this constitution; and when the said officer shall
bo duly, elected and qualified, the office of Surveyor
General shall be abolished, and 'the surveyor General
in office at the time of the adoption of this constitM.'
tion shall continue iu office until the expiration of the
term for which he was elected. •
8.--When the Superintendent of Public In
struetion shall bo duly qualified, the
-office of super
intendent of Vommentichoole shall case. •
bre. 9., 'Nothing contained in this constitution shall
be construed to render any person now holding any.
State °Mee for a first official term' ineligible for re
election at the end of such term. - ' • .
Sao. 10. The - judges of the Supreme Court in offices.-
When this constitution shall take effect shall continue
until their commissions severally expire: Two judg
es in addition to the uumber now' 00M1x , sit , t; the said
court Khan be elected at ttn, first , general election af
ter the reloption of this coustlimion.
Ste.,ll. All comfit of .rete int and all courts
which are not specified in is constitution elicit con
tinue in existents until the first day 01 Peilleber, in
the year one thousand eight liandred and seventy-five, ,
without abridgment of their, present jurisclietiou, but
no longer. 'The Court of Firi.t. Criminal Jurisdiction
for the counties of Schuylkill, _Lebanon and Dauphin
is hereby abolished; and all causes and proceeditice
pending therein in the,county of Schuylkill shall bo
tried and,Clisposeil qf in the Courts of Oyer and Ter
miner and Quarter Sections of the Peace of said county.
Sze. le. The registers' courts 'now in existence shall
be abolished on the first day of January next ettecood
ing the adoption of Cate constitution.
Sol la. The General Assembly shall,at the nextses
elan after the adoption of this constitution, designate
the several judicial districts as required by this consti
tution. The judges' in commission when such desig
nation shall be made shall continue. diming their un
expired terms judges of the now Matadi( in which
they reside. But when _there shall be two judges re
siding in the same district. the president judge shall
elect to which district he shall be assigned; and the
additional law judge shall be assigned to. 'the other
district. •
SEC.- 1.4..• The General Assembly shall,at the next site-
ceeding session after each decennial census, and not i
oftener, designate the several judicial districts as re
quired by this constitution., •
SEc. 16. Judges learned in the law of any court of
record holding commissions in force at the adoption of
this constitution shall hold their respective offices un
til the expiration of the terms for which they were
commissioned, and until their successors shall be duly
qualified.. The Governor shall commission the presi
dent judge of the Court of First Criminal Jneledietion
for the amities of Schuylkill, -Lebele”i."e‘ity• - •Deeelr-ben=
ineatef_Schnvl-
I.lllctiittr fiVirettnexpired term of ms mum
„ SEa. DI Alter the expiration of the-term of any
president judge of any Court of-Common Pleas in com
mission at the adoption of this constitution. the judge
of such court learned in the law and oldest in COlrinlifi
stun 0.111 be the president judge thereof and when two
or more judges are elected at the same time in any ju
dicial district, they shall decide by lot which shalt be!
president judge; but when the president judge of a?
court shall be re-elected he. shall continue to be pres-I
ident judge of that court. Associate judges. nett
learned iu the law, elected after the - adoption Mire'
• :constituffon, shall be commiessioned to hold their offi
ces for the term of Ave years front the first day, bf
January neat atter their election. - • • •
• 81E0. 17, The General Assembly at the first eeeslon
after the adoption of this constitution sttailx..and de
termine the compensation of the judges of the Su
preme Court and of the Judea' of the several judicial
distulets of the ConnuenWea'lle and the provisious of
the fifteenth section of the nrticie'ou Legislation shall
not be deemed inconsistent herewith. Nothing con
tained in this constitution shall be held to reduce the
compensation now paid to any law judge of this Coin-
monweelth now in commission. -
SEC. 18. The Cour is of Comialln Pleas in the counties
of Philadelphia and Allegheny shall ho composed of '
the president judges of the District Court and Court
of Common Pleas of said counties until their efilces
shall severally end, and of such other judges as may,
from time to time he selected.
For the purpose of first organization In Philadelphia
the judges of the Court number one shall be Judges
Allison, Pierce and Paxson; of the Court number two,
• Judges Bare, Mitchell and one other judge to be elec
ted; of the Court number three, Judges Ludlow, Fin
letter and Lynch, and of the Court number four. Judges
Thayer, Briggs and one other judge to be elected.
The judge Drat named shall. be the president judge
of said courts respectively, and thereafter th presi
dent judge Shall be the judge oldest in comm salon;
but any president judge re-elected in the s court
or district shall continuo to be president judge ereof.
' The additional judges for' Courts numbers wo and
four shall be voted for and elected et the first 'general
election after the adoption of this constitution in the
same manuer as the two additional judges of the Su
preme Court, .and they chap decide by lot to which
court they shall belong. Their term of office shall
commence on the first Monday of January, in the
year one thousand eight hundred and seventy-five.
PM 19. In the county of Allegheny, for the purpose
of first organization under this constitution, the judges
of the Court of Common Pleas at the time of the adop
tion of this Constitution shall be the judges of the
Court number one, and the judges of the District
Court at the same date shall be the judges of the
Common Pleas number two.
The president judge or the Common Pleas End Die
' Wet Courts shalt be president ,judges of said Courts
number one and two ,respectively until their aißees
shall end, and thereafter the judge oldest in commis
sion shall be president judge ; but inypresident judgo
re-elected in the same court or district shall continue
to be president judge thereof.
Sac. l 2o. The organization of the Courts of Common
Pleas, under this constitution, for the counties of Phil
adelphia and Allegheny. shall take effect on the first
Monday of January, one thousand eight hundred and
seventy-five, and existing courts in saidicounties sltull
continue with their present powers 'and jutiediction
until that date; but no new suits shall be instituted in
the Courts of Nisi Prins after the adoption of this con
stitution, ,
Sec. 21. ThOeauses and proceedings pending In tin;
Court of Nitil Prins, Court of Common Pleas, and Dis
triot Conrt in Philadelphia shall bo tried and disposed
of fn the Court of Common Pleas. Tho records and
dockets of said courts shall be transferred to the Pro
thonotary's office of said - county.
BEO. 22. The causes end proceedings pfliding in the
Court of Common Pleas in the county of Allegheny
shall be tried and disposed of iu the court uirmber
oNE: end the causes and proceedings pending in the
District Court shall bu tried and disposed of In court
number TWO, -
'SEe. 23. The Prothonotary of the Cent t of Common
Pleas of , Philadelphia shall be first appointed .by the
Judges of said court on the first Monday or, Docember.
in the year one thousand eight hundred and seventy
,five; and the present Prothonotary of the said Lien - lot
Court in said county shall be the Prothonotary of the
snid Court of Common Pleas until said date, when his
commission shall expire. and the present Clerk of the
Court of Oyer and Terminer and Quarter Sessions of
the Peace in Philadelphia shall be the _clerk of such
court until thd expiration of his pil-sent - eennot, s t on
on the that Monday of , Deeeiniair in the year one
thonsapd eight hundred matseventy•tive.
SEC. 21. lu cities containing over fifty thousand in
habitants (except Philadelphia) all
-aldermen in oillee
at the time of the adoption Cl this constitution shall
Continuo in office until the expiration of their coition.-
stony. and at the election:for city and ward office, ein
the year ore thousand eight hundred and seventy-five
one alderman shall be elected In:each ward, as provi
ded in this constitution, . is s
-
SEC. 22. In Philadelphia maxl4frates in Bettor alder
men, shall betimseu as required in this constitution at
the election fit Sa l y city for city' and ward ogicere in
the year ono thou nd eight hundred and seventy - -five;
their term of offlqt, stall continence ou the first 3londay
of April succeeding their election - .
The term of otWe of aldermen iri said city, 'holding
or entitled to . coraiidaSions at the titne - of the adoption
of this constitution shall not be affected thereby. ,
SEC. 20. All persons In office in this Commonwealth
st,the time' of the adoption of this censtpution, and at
the first election-tinder It, shall hold their filipective
otticia until the term - for which the havelyeen elected'
or -appointed. shall 'expire,. and; until their.eatecessers
_Shall be,duly qualified, unless , Otherstise provided in
..
this constitution::
. . . .
Stc. 27. The uetoritvatticif. of this conatituflon.pre.
scribing an oath of office. sLitlitai-e effet•t on and after
the Arm , day or January, one thensanit eight lambed
I,nd seventy-fl 4. •
' SVc: 29. The terms of office of county ecurditissioners
and county anditois cliteen prior to tho yrer one thou
sand eight hundred and seventy-titre, •_atria shall not
have expired before the, first alonday.of January, in
:the year one thousand 'eight hundred unti seventy-41z
.
'shell cone or, this day. -
Sac. 29. -All State, Comity, city. ward, borough, and
township officers in case at the time of the adoption
or-this constitution. - utilise comp( wallop la not provi
ded for by salaries alone, shall continuo to receive the
compensation shoved-them by law until the entrap
Aloe of their resreotive terms of office.
Stu:. SO. All state and judicial offlori lielototera
eteeted, , swortt. affirmed, or !ti pities When this On
iattutto„nen tom etreeti shall severe:ly, within-ono
month after- such. adoption , tako...and,.suinicribe.. ant
oath tor Iffirtaittdn) to gsupport this constitution.;
Sto. - 11: The 'General Assembly, otitis diet 49111134
or an noon as may be after this vaityttontlit this °want.
to,
#4sl the vitae JAW fun za_au'e
ddecte - - - ,
t, - Mhl7llllb ',..ar'4llnatiter - pageatilq this( couven4l,4l.
tututletV-!y 'aUtttifttipg the ' iruetaled
PObilaylkauta tot%'yhte ,the electors
thefe - pf.',' • Allll . ,lekt be .s tathi for all the purr:hoe.,
ltnere,i•ttleet) 10 diti . ,6OhatittittoU, ard, itt any prat:
Wane a t9taVaasr,4l,o tho aume,ehalkbehel4l to tu9tufle
tlie;t!out trlesiouet for'the eity• 'Philadelphia. •
• • 'AttoOtaik ‘ at•PhtleftelOthiuu tbepirdlday of Norma.
bet'. fp tbg7ar -Of our • t-ot d one , ' tttnitaitid.aight,,h
dred tukle, eufgAhrehr
- ~tEanIPMART ua Tux Conaurawraiart,, .
' • ---'tiett.hteututa, Nyv.lB, ih73.
3 certify that the forteKutuo is a correct; copy of the
leVeoilatitutlob;pi•upoatlt-tu•tife"-pewlo the eem
raormealth of Pc Cala y tvLauttu , for 014 r • aPPttAa or re
'jeaticoh, At tlaU aiitue,ajipeari. otrieeptd this ("thee. ••-'
- 'seiatary ccoriumwoaith. - 7.2,-,
•
ME
_ ,
,z . , .",' , ,- 'i. , 'TAN' OM iINANCE - -', - ,
'rem eimiattaxrefi,adsateanr,w'entivirptrricei or ra.lefee...-
~- svevada' To, ; v.:velvet-TIRE 91:t&I,Jr:L.Cp y.t.F,CIO2tH,
;711Eneot . , a rag= sieogii" fieainree. - ._ -- •
Be a oirtainecrldr Me •Osnietitaliiinixi Cvnrinefen o f ft h e
: Cenismattlealth efitlifisyrvania: us/alines : - 1
• 1, Thatthe.lm:tended .thnistitutimnpreparecl by this
Cenvelitioln - bo stilitliitted to ti l 6 Wulined .l•leetors of
Ane - ComitionWealth for theirid iptiiite or refection, at
nd edectioti to.tieflield; on "Ibis - ter:Tuesday 'of De.
ts
- ematiee Mixt; eataipt as Rerefu Pei ordered :anti di
,rected, the said-election shall -he held nod I ;etinducted
.bl' the resider election officers' !tithe severateleclinn
diStrietithroughent the Centfritoniveraltii, under all the
1
regulations and.provisione of daisting laws relating to
l general elections; and the sterile:of. the several coon
.tlps shalt givest least twentyjtaye ` notice Of aiiiitolea•
,
-don by - preelaintition. -.- , , : -- v- ' ' ' -
2: The Secretary, of-the oranlonsvealth shill,. at.
leattwentydaya tefore the said- election, furnish, to
the Coredniessionere of
_each county, a eufficient - Limn-.
ber-of properly pkiared circulars of fristrtietione.--,
The Cothreherfouers of-the sevardiconnties'aliall Latour
to be printed at. least three times _ea=spy, bat-lota of
allirmative,V6tes as there ale voter') iu each -cothity—
width° tiatMenumber of negative votes; and. the Said
tioraMissiour Shall; at least- five day a before said elec.
tion,-cause to be_fairly distributed to the severatelec-_,
don districts In their respective counties, the said WO;
lots,,tslly-liste, returns,, eirenbirs of instructieinsi'ond
such other books and_papess as may be 'necessary.
Thal:edit:de stall be printed or written in the follow
ingleirrn: ( In the outside the words' • oNew ' Coneddit
on
ti;',' In the inside for alt. peite,eue giving'- affirmative
votealhe• words ' , For the New Cemattutiori,' , and fm•
all persona giving negative Votes • the,: words "Against
the New Constitution," .. - _.;
,-
•• 8. If it shell appear that d majority Of the votes poll
ed are for the new Constitution, then it shall be the
Constitution of the Ceinanionvrealth of Penneylvanii
on and after the first day of January, in the year of
our Lord one thousand el ht hundred and ,saenty
four but it it shall appea that is majority of the votes
I polled were against the ne Constitution, then it shall
be rejected end be dull an void.: • -- •
,r
4; rive Commissioner's of Election, viz: Edwin H.
Pltler, Edwin Browning, John, P. Verree, Henry 8.
Hagert, and John Oi James, aril hereby appointed by
this) Convention, Who filiall have direction of the elec.-
:Con upon this amended constitution in the city_ of
Philadelphia. The said. Commlesieners shall be duly
sworn oraillrmed to &dorm their dude', with Inver.
ttality and fidelity. They • shall also have power to
fill vacancles-in their own number. • It 'thrill be the
,duty of s del Commissioners, or a - majority. of them,
and they shall have alithority to make a registration
of voters for the several election divisions of said city,
andloitunish the lists so mile to the election °lacers
of each precinct or division; to dietribute the- tickets
for said city provided for by,,,thie ordinance to be used
at the election; to appoint 4judge and two Inspectors
for each election division, i4' whom the election
- there '
in shall be held and conducted, and to gith all neces-.
sarritistrnetions tothe election oincora mg4rding their
dudeetin holding the election andin mailing returns
thereof. No person Shall serve as en election- officer
wlio,wonld be disqualified under.geetion liti, Articie 8,
of the new Constitution. - The general return of the
eleation'in the said city shell be opened. conputed and
certified before the' said Commissioners, and with
• their approval which approval shall to indoraed up
on the return. They shall make report, directed to
1 the President of this Convention, of their official as
nndor this ordinance and concerning the conduct
of the said election within the said City. -
The :Trudges and Inspectors aforesaid shall conduct
the election - in - all reepects conformably to the gener
a election laws-of this Commonwealth, and with like
powers and duties to those of ordinary election offj
cars. Each Inspector shall appoint one clerk to assist
the Boarft.ln the,performauce of ita duties, and all
the eleotton officerashall be duly sworn or °farmed
according to law, and shall possess all the qualifica
tions required by law of eleliaon officers in this Com
monwealth. At said else-don any duly qualified elect
or who shall be unregistered, shall be permitted to
vote upon making proof et- his right to the election
officers, acceirding , to the general election laws of this
Commonwealth. .Return Inspectors and their clerks
and an hourly count of the votes shall be dispensed
with, but overseers o election may be selected for
Et
any precinct by said llection Commissioners, whose
'duties and powers sh Ibe the same as those of Over•
seers of election in sal city under existing election
laws applicable thereto - - Returns of the election shall
be made in said city as -in the case of an election for.
Governor, but a triplicate general return for said city
shall be made out and forwarded to the President of
this Convention at Harrisburg, as is hereinafter pro
vided in case of county returns.
5. in each of the Counties of the Commonwealth,
(except Fhiladelphiaa the returns of the election shaft
be made as in the case of an election for Governer -
but the returnjudges in each county shall make o 1
a triplicate county return and transmit the same,vvit •
In five days after the election, directed to the Pres -
dent of this Convention, at Harrisburg. 1 i -
Done in Convention this Third day of Novell:Lb*, in
the year of our Lord, one thousand eighthundred and
seventy-three.'
JNO. H. WALKER, Presicknt.
D 6 L. 13111RIE, Clerk.
A true copy of ordinance of }submission.
11. S. QUAY,
Secretary of the Commonwealth
eiy Aiitotor.
=s~i~-zxr~r..i",: _~~3~lti~o, PI~NN'A.
A. F." BARNES; EDITOR
TUESDAY, NOVEMBER 18, 1878.
To the Voters of Tioga County.
The undersigned desire to call your atten.
Lion to the importance of the election,to be,
held on the 16th.day of December nextfor
the adoption or rejection of the new Con.
stitution for this Commonwealth_ framed by
the Convention chosen by the people for
that purpose.
After a careful examination of the instru
ment, we do earnestly recommend:4o the
voters of this county to vote for the ttdop
tion of the Constitution as presented, be
lieving as we do that such adoption will
greatly promote,tPublic justice and the best
interests of the people of the State.
In certain sections active opposition is be
ing made to its adoption; mainly by persona
who have heretofore proftted,by,certain de
fects in the old Constitution, Which defects
are to a great extent if S not wlholly remedied
by the new one. - We desire to urge upon
the people of Tiega county the importance
of bringing-put every voter. Our people
are not contaminated by the selfish consid
erations which in some regions will find ex-,
pression in opposition; and we think that a
careful reading of the proposed new C%n•
stitution will secure a vote for its adoption
which will be ahnOst if not entirely unani
mous. Wellsboro, N0v.:15, 1873.
ROPE O. SIMPSON,
OhainEall of Rep. Co. Com.
- J. W. BAILEY,
Chairman of Dem. Co. Com.
In the official copy of the proposed new
Constitution sent:out by the Secretary of
the Commonwealth there was an error .of
punctuation in Section 9 of Artible 11.,
which destroys the sense of the section, and
which the Secretary has since corrected.--
The section referred to should read us fol
low s: -
" SEC. 9. ,The Senate shall, at the belgin
ring and close of each regular-session - and'
at such other tittles as may be necessary,
elect one of its members president pro eem
pore, who shall perform the .duties of. the
Lieutenant Governor, in any easd of absence
or disability of. that officer, and whenever
the said °face of Lieutenant auvernor shall
be vacant. The House of Representatives
shall elect",enc of its members as Speaker.
Each - house shall choose its other officers,
and, shall judge of the election and-, quali
fication 431 its members." , •
The Proposed Constitution.-
We lay bofore our readers this week the
,full text of the new Constitution, together
with the ordinance for submitting it to the
vote of the elector,s on the Kith day of next
mouth. The iniciposed Constitutidn is a
document of the high4st importance to ev-,
ery citizen of the State, and we urge every
voter into whose hands this paper May fail
to study, it attentively in -connection with
our. present fundamental law, so that he
may be prepared to vote intelligently for
that instrument-which he believes will best
IVOmote good government and the honest_
and efficient administratiOn of the affairs of
the Commonwealth. This is a duty which
•
every elector owes' to himself and to the
State, and it is one which he cannot shirk.
with Out diseredit.
That'the great Maplily of the people.are
dissatisfied ; ith several prominent features .
of the present Constitution Is :evident from
the vote ' authorizing the ConventTolt , to
amend it. The evils of special
legislation have grown to, such .proporiinne
that we believe the mass of the honest nien
of the State- will be glad, to, dry up that
fountain of- corruption by `-the adoption ,of
the,third article:- of: the ttew-Oortstitution.-:- - -
That . artipliLitlone should , luoure the adop
44'4 ,tteinstrument 4 Which it is apa r t' .
If ls admirable not only for itaititrictiobe
.
mien tbelegislatiire branch of the ()e vent.
tnent„ bet fur itipositive provhilona. u n d er
its operas on ft, would seem to be impossibleto placa t i any 14 1 / 1 13 upon , the statute bunk
which hail - never passed beth biiuses of the
Leglslature—st acandal, of which the peopl e
Of `tilts Sitite'ha%ie litid inure ilnin one eititim
pie. ,The c .secgott;. respecting - bribery of
rnembera of the 'deo - oral 'Assembly or the
o'orruPt tiolieltatlen - of any genera offic ers -
NIB recel4e,the sipeere approbation
)
f every
good citiien. But space would fail- us to
ash :attentjoh'io 01:the geed p-oietsjet tbit
thfrd'AitiCle. - .W6'etinnenAl It to the - care.
ful perusal Of all our; readers.
"It-will be noticed that • the provisions re.
lacing to the'Gerieral: 'Assembly:WM.4Bo th e
upper., lionse te lifty tuembers• and thS lower
to twO'hunrilvd. ,' While this a matter of de•
tall In regard to which many minds will dif.
kr, we belkve the majority will agree with
the ConVention that there is safety in a nll•
thuds of counselors—or at any rate that
:therpis less•danger :of. the success of 'cop
;opt practieesinjan enlarged nuruber of rep.
lesentatives. , _ ne good effect of this change
*lll be to give 4o each county of the State
at' least one representative in the lower
house. Under this new deal this cou nty
Would. ;be entitled to two representatives,-
Whose terms , would -be lengthened to two
years: It Will] bit . noticed, in connection
with this subject, that the Convention adopt.
ed the plan which has worked so well at the
West,'_aptflimited the, Legislature to hien.
1 niarse - sSions. _ : .
_ As regards4he executive department, it
will be seen that the term of the Governor
Is lengthened_ to four - years, And that officer
Is made ineligible for two consecutive terms.
This last provision we regard us one of the
weak points of - the instrument; but while
we believe it well do little good, it will prob.
ably do no hann. It has been frequently
proposed to apply this lithitation to the,nt.
fice of President, and it may, perhaps, be
well to try the experiment In the &rite be.
fore its operation is extended over the whole
country.
' We would call special attention to Sec
tion 10 of the fourth Article. Give us an
honest Governor and the previsions of that
section, and one great'leak of the public
trecisury will be effectually stopped.
,The article upon the judiciary will effect
some important changes in 'our judicial eye
tern. It provides for the election by the
people of two' new Supreme Court Judges,
who with their colleagues are to hold office
for twenty:one years and be ineligible for
re-election: It .further increases the effi
ciency of that tribunal lby abolishing the
Court of Nisi . Paus, and restricting it tolls
legitimate 4 dmies as a court of last resort.—
All men conversant with the business of
that court will agree that this increase of
its working power is needed, and some will
be inclined to think_that the Cf:mvention has
erred on the - side of moderation in its treat
ment .of that subject. The I term of the
Judges of the Common Pleas Is fixed at tea
years, and they are eligible for re-eleilion,
as at present. It will be observed that the
plan •of " minority repreSentation" is ap
plied to the election-of Judges of the -Su
ipreme Court; that is to sayl if - two Judges
are to be chosen, each elector can vote for
but one, and if three are to be elected lte
can vote for but two. This will always tn•
sure to the minority party at lesst one Judge
at every election of those officers. The
smile system is applied by theAew Constitu
tion in two other cases—the election , of
County Commissioners and. of inspectors of
election. In all of these cases. there aro
food reasons for the adoption of this Sys
tem.. And WA+ . ttaink:, it will.be found to work
well.
Article VIII. is a most important one, and
we believeit, will strike every reader as ad.
mirablifrained in every respect but one.—
It •/
seeks to' guard jealously the rights of ev
ery honest elector, while it throws around
the ballet•box every safeguard that experi•
ence Luis suggested, and one that is whitest
precedent, in this country, at least. :We re•
fer to provision of Section four regair•
ing the inspectors to number the ballot of
each elector to correspond with the number
of his name on the-poll-list. It is true that
the inspectors are to be sworn to secrecy in
the matter; but, to some extent, this system
of vot i ing destroys the secret ballot. But
-in view of the asserted and suspected frauds
in more thsu one city of the State, s the Con•
vention concluded that some such plan was
necessary to -insure an honest vote. We
shall be , glad if this innovation results in
that great go‘ . ..ei; but we have small faith is
its ; efficacy. II With this exception tile,
whole Article commend itself to evey
good-citizen.
We have not , ipt.ce to day to eperk de.
tail of the other Article 9; Some of theta
are of. the first Inwortanee, and relate to
subjects upon 'which therewilpe great dl•
versity of opinion; 'hot we — believe that a
careful perusal of them will inane the ma•
jority of thoutthtful rea..lers in their favor.
Crowded as 'we are for room, we cannot
close ‘vititnut •calliog special attention to
the brief : Article on education. It is evi• s
dent the grand old Commonwealth takesbo
step backward in that path.
Our. Trouble with Spain, and Cuba.
in the estimation of many men the name
" Spaniard"
‘ hos come to be synonymous
with tianity, petiidy, and cruelty. and the
inbutuan butchery of the mew of the Vir
gin-ins by the authorities in Cuba will go far
to lender that estimate of the Spanish char•
.
acter universal. This latest piece of Cuban
barbarism has excdtai the Cxecratiou of the
whole civilized world.
The facts of- the ease, so far as at pref-ent
known, arc as, follows: The Virginias, a
vessel having,. an American igister and fly
ing our Hag, was seized Its- n Spanish man
of war near the island of Jan'mica a few days
Aiwa!, nod taken into the port of Santiago
de (üba, w here a-drum-he.id court martial
was pr, , mptly held, resulting in the condem
nation almost immediate execution of
foot• of hoe principal passengers. This watt
on the itli instant. On the 7th another
hawk of the passengers and crew of the Vir
ginins were slain after a prrtended.trial, and
On 11. k: 1 1 1111 tiity serrit more of the captives
were making ; in all one 'Mildred and
eleven awn - w lot, have heen Massacred by
the Spanibh autliot ii lea at Santiago.
\N mit; thtse 'horrors were taking ElPCs
neither our own , t.;overnineut nor thst of
Spain t~ as faar-tive. Prompt protests werti
'into pobeti both in Cuba and at )I.adridi and
orders were , forwarded front the Bpanish
capital enAnnumding the work et blood to
stop. But in lipito of this peremptory or
der the murders went a enovlenient
breakage of :he telegraph between Havana
aid Santiago having prevented the trans.
mission of the official commands.
this writing it is not certain that any
of tine prisoners slain Were citizens ut tniy
country; but whether they. Were ur nut, it
is evident that while sailing under our flag
they were entitled to protection by the -Guv
ernwent of the United States. - It is also
evident that a great iudignity has been IA:
ferecl to our flag,, and that our officers 10
Cuba Lave been hindered and iti.-•ulted to
the perfOrmunee of _ their duties. -The coarse
ry he - pursued-hy our authoritieS - is clear.—
,
They toast demand_ the promptest repulse
II