Wellsboro agitator. (Wellsboro, Tioga Co., Pa.) 1872-1962, November 25, 1873, Image 5

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    CONKITUTION
.iit'EW CO-2 7 'STITVTIO.N . PRO.
POSED TO THE CITIZENSOP
THIS COMMONWEALTH PO.R
THEIR APPROVAL OR RE. ,
JECTION, BY THE CONSTI
TUTIONAL CON PENT.I9x,
. •
Published by order of the Secretary or
tae Contrisonsveaith; - in pursuance of the
4th 'medal' of au act of the General Ad..
sembly, 401 titled "An net to provide far
militia a nveation ito.ansend'the Con-
Ottutan." Approved the n t hday or APrilt
A. D., 1872.. • ‘-
PREAMBLE. ff
We, the people of the Conemott wealth
of p ent igNivania-;, , grateful to Almighty
tiod for the blesqings of civil and relig
ions liberty, and humbly invoking His
guidance, do ordain and establish this
constitution.
ARTICLE
ucealt st TiO OF RIGII4
Th a t the gen rat, great, and essential
principles of liberty
,and free govern
inevf mar be recognized and unaltera
hly established, we declare that.
1:31.:crlo;; 1. All men are born equally
free And itidepetident, and have certain
inherent and indefeasible rights, among
which are those of enjoying and tlefeiid‘
lug life and libiety. , of
Ortsing, and p Meeting property and
repultatiqn, and of Pursuing their own
happiness
SEc. 2.A1l power Is inherent in tbe
people,: and all free governments are
- rounded Oir their authorityand institu
ted for their peace, .safety, and happil,
Deis. For the ,- adttatieetnent of these
Orals they!have at all times au inalien
able and indefeasible
_right to alter, re•
form, or 'LA:RAM "their govern m ent in
such wanner as they may think proper.
Sao. g. All men have a natural and
indefetteibleetight to worship Almighty
(Ind itecerdi'ng — to the dictates of•their
‘,0;,,n consefences-; no man can of right
compelled to attend, erect or support
any place of - worship, or to roalutain'
say ministry against his, consent ;- no
1r wan authority can, in any case what-.
aver, control or interfere with the rights
fiverconscience, and no preference shall
dyer be given' by law to. any religious
establishments or modes of worship.
SEC. 4. No person who acknowledges
the being Of, a Qod and a future - state
of rewards and punishments shall, on
aecouut of his`rtiligious• sentiments, be
disqualified to hold any office or place
of trust or profit user this Common
wealth. \I
tem- Elections\shall be free and
equal; and no pow - er \civil or military-,
shall at any time interfere to prevent
the free exercise of the right of, suffrage.
ISEC. 0. Trial by jury shall be as here•
Wore, and the right therehf remain in-
Opiate. \
SEC. 7. The printing prei s 4s shall be
I free to every person who, may under
take to examine the proceedings of the
Legislature or au,Y.- branCh of
government, and no law shall esker be
made to restrain the right thereof. \The
free communication of thoughts Anti
opinions is one of the invaluable rights
of man, and every citizen. may freely
eak, write, and print on any subject,'
g responsible for the abuse of that
liberty. No conviction shall be had in
say pit seoution for the publication of
papers 'elating to the Official conduct
ut officers or men- in public capacity, or
to any other matter proper for public
Investigation or information, where the
fact that such publication was not ma
liciously
or negligently Made shall be
established to the satisfaction of the
jury ; and in all indictments for libels
the jury shall have a right to- deter '
mine the law and the facts, under the
direction of the coure[4 , In other cases.
ISEC. 8. The people stall he secure in
their persons, houses, papers, anti pos•
sessietts,, from unreasonable isearche4
and Seizures, and Do warrant to spirch
ail placeor to seize any person or
things, shall issue without, describing
them as nearly as may be, nor without
probable cauee,supported by oath or af
firmation, subscribed to by tire anima.
eSEe. Q. In all criiiiinel prosecutions,
the accused bath a right to be heard by
himself and his counSel, to demand the
nature and cause of the occo,ation
against him, to meet the witness face to
face to have compulsory process for ob
taluing witnesses in his favor, and iu
prosecutions by intlictineut or informa
tion, a speedy public trial by an impar
tial jury of the vicinage; he cannot be
compelled to give evidence against h i
self;.nor can he be deprived of his life,
libertyvor property, unless by the judg
mentoehlopeers or the law of the land.
ilE0•411. 2,N. 0• person shall for any in
• dictable - offense be proceeded against
orlentually, by informeNeu, except 'fu
Oases arising in the lanZ" or naval forces
or in the, militia, when in actual. ser
- vice, in pine of war or public danger,
or by leave of the oourt, for
_oppression
Or wisdetuesnor iu office. No person
shall for the same offence be twice put
In jeopardy of life or limb; eor shall
private property be taken or applied to
public use without authority of law,and
without just compensation being first
made or secured.
BEO. 11. All courts shall be Ippon ; and
every - man 'for an Injury dode him in
his lends, goods, person, or reputation;
shall haveremedy by due course of law,
and right and justice administered with
out sale,,denial, or delay, Suits may be
brought against the Commonwealth in
such manner, In such courts, and in
such cases as tbe Legislature
may by law direct.
SEC. 12. No power of suspending laws
shall be exercised tinless by the :Legis
lature or byAts authority.
Sec. lii. 'Excessive bail shall not be
required, , nori excessive fines imposed,.
nor crnAtl punishment Inflicted.
Sac. a All prisoners shall be baila
ble by-,ifuflicient sureties, unless for cap
ital offenses, when the proof is evident
or presumption great; and the privil
ege of the writ of habeas corpus shall
not be suspended, unless when in case,
of rebellion or Invasion the public safe
ty may require It.
Sac. le. No commission of oyer and
terrniuer or jail delivery shall be issued.
SEC. Ilit The person of a debtor,w here
there is not strong presumption of fraud,
shall not be continued in prison after
delivering up his estate for the benefit
•of hiscreditors, In such thehuer 'as shall
be prescribed by law.
Sac. 17. No ex post. facto law, nor any.
law impairing the obligation of con•
-tracts, or making irrevocable any grant
of special privileges or immuuities,sball
be passed.
OEO. lg. No perion shall be attalnted
of treason or felony by the Legislature.
BEG: lg. No attainder shall work cor
ruption of blixxl, nor,•exCept during
the Me of the offender, forfeiture of es
tate to the Conitnonalealtii ; the estate
of Stich persona as shall destroy their
own livels - Shall descend or vest as In
eases of natural death, and if any per-'
son shall be killed by casualty, there
shall be no forfeiture by reason thereof.
SEC. ge). The citizens have a right in
a peaceable manner to assemble togethe
-er for their common good, and to apply
to those invested with the powers of
government for redress of grlevances'or
ether proper purposes, by petition, ad
diess, or remonstrance.
SEC. 2/. The right of citizens to bear
arms in -defense of thernaelvesrapd'the
State shall iiot.be questioned".". -
SEC. 22. No istandltig army shall -in
tlm e of . ps . tapts, he:leepy - up6without ►
the:
consent Ile' the arid
the military shall in all cases, and at all
times,. be In strict 'subordination to tbp
clvtl poWer. •
, O EQ- Ye. No soldier shall in time
me peace be quartered in any house
with the consent of theaaWnisi;.nor
11 : 1 ,t1 i. , .f War but in a triauner to be
Preen by law.
Sac: '!t¢.; ii lief : Ltigialaturp shaU
igrAnt• 'Mn! , title - ‘Ot nobility debeic:
distlijUen, afar sante limy alai*
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1111=
the I
a lo
vio
I, ppolatoent to"ivbich shall be for
ger term than during gncal beha.-
•
x. 25: Emigration from. the State
i not be prohibited. - - -
'c. 26. To guard against transgres•
is of• the high powers which we
e delegated, we declare that every
ig in this article' is - excepted out of
general powers of government, and
1,1
forever remain inviolate.
ARTICLE IL
Tlin LEGISLATURE. '
SECTION 1. The, legislative power of
tills Cummonwealth shall be vested in
a general Ausembly, which shall con
Sin 'of a Beuate and a House of Repre
sentatives. -' .
rriff!
Mon
hay
thin
the
WA
- ISEU. 2. Members of the General As
sentdy shall be chosen .at the, general
election every second year. Tgeir ter
tn
of E rvice shall begin.,-on the first day
L
of 'December next after their
,election.
Whenever al vacancy shall occur -in
either house the presiding officer, there
of shall issue a writ of election to till
such vacancy for the remainder of the
.term.
igc , 3. Senators shalt he elected for
,the terni:of Efour years and Representa
tiVi*ee' for the term of two years.
SEG. 4: The General Absembly shall
• inegt at . 12 o'clock . tvoii,-on the - first
rrtieday 'of Jaituairy'every second year,
ittid !at other times When convened by
ili`e GiiveFinor;:but Bil A i I•hold no adjourn
ed annual session after the year 1878.
In c se of a vacancy, lit the office of
Unl ed Statestienator from this Com
mowealth, iri - ,a recess. between .sess
ions the Governor shell
_convene the
two houses _by proclamation on notice
kit exceeding sixty days to fill the .
earn - •
C. 6. Senators shall .be at least
ty-five years of age, and Represen
es twenty-one years of tige: They
have been citizens and inhabitants
e State four years,.and inhabitants
beil>rerpective districts one. year
.ti
t DI
wo
latish
slial
of ti
of t,
next before their election (unless abeent
on the public business of. the United
States or of this State), and shall reside
in their respective districts during their
terms of service.
O. No Senator or Representative
shell, during the time for • which he
shalt) have been elected, be appointed to
any Civil office under this Common
wealth, and no member of Congress or
other person holding any Office (except
of attorney-at-law or in the militia) un
der the United States or this Cominop-.
wealth shall 'be a member of „either
house during his continuance In l efilee.
SEC. •7. No person hereafter convict
ed of embezzlement of public moneys,
bribery, perjury, or other infamous
crime, shall beieligible hi the „General
Assembly, or capable of holding any •
Mike of trust or profit in this Coalition
wealth.
Six - 8. The members of the General
Assembly shall receive such salary and
mileage tor-regular and special sessions
as shall be fixed by and no other,
compensation whatever, whether for
service upon committee or otherwise.—
..NO member of either . house shall, dur
ing the term for which he may have
bene elected, receive any increase of
salary, or mileage, under any law pass
e during such term.
\SEC. 9. The Senate shall, at the be
ginning and close of each regular ses
sioii\ and at such other times as may be
neceskary, elect (me of Its members
presideot pro' e.n pore,w ho shall perform
the duties of the Lieutenant Governor,
in any cake of absence or disability or
that ofilcerami whenever the said of
fice of Lieutenant. Governor shall be
vacant. The 'House of Representatives
shall elect one Of its members as Speak
er. Each house sliali choose its other
officers. and slialLjudge of the electiou
anti qualitications nt , ' its members.
• Ss:c ---- 141-------A ... nriajortey of each house
hail uotistitutiotiorutu, but a small
er 'lumber may adjourn from day to day,
and compel the attientiance of absent--
members.
SEC 11. Eleli hots-e shall\htive pow
er to determine the rules of it' proceed-
Inge amid punish its members ire other
persons Tor cootempt or disorderly be
havioriu its presence, to enforce •obe
diencelto its process, to protect its mem
bers aglainSt violence, or oilers of Miles,
or titivate solicitation, and with 1.14
coneureittlg of two thirds, to expe l a
membeiqbut not a second time for le
,
same cause, and - shall have all other
powers neqessary for the legislature of
a free Suite. A. member expelled for
corruption shall trot thereafter lie eligi
ble to either house, and punishment }or
contempt or disorderly behavior shall
not bar_au indictment for the same of
fense..
SEc. 12. Each house shall keep a jour
nal of its proceedings and from time to
time publish the zsatue, except such parts
''as require secrecy, and the yeas and
nays of-the members on any question
shall, at the desire of oily two of them,
be entered on the journal. •
SEC. 13. The sessions of each house
and of committees of the whole shall
be open, lit/ less when the busines Is
such as ought to he kept secret.
SEC. 14. Neither house shall, without
the eousent of the other, adjourn for
wore than three days, nor to any other
place than that in which the two houses
shall be sitting.
SEC. 15. The members of the General
Assembly obeli in all cases, excepttrea
sou, lelouy, Violation of their oath of
office, and breach or surety of the peace,
be privileged from arrest during their
ettendanee at the - Sesslmis of their res
pective houses, and in going to and re
turning from- Pie same • and for any
speech or debate in either house, they
shell not he questioned at any other
'dare.
talc,_ll3. The State shall be divided
inWillty Senatorial districts of com
paut,and contiguous territory, as near
ly equal iii population as may be, and
each district shall be entitled to elect
one Senator. Each county containing
s ome br more ratios of population shall
be entitled tootle Senator for each ratio,
and to an additional Senator for a sur
plus of population exceeding three
flat*, of a ratio; but no county shall
flints a separate,district unlesp it shall
cola , tour-Italia of a ratio, except
whc.),et the adjoining counties are
eac entit d to one or more Rgfiatore,
whet such county may ~be assigned a
Senator on less than four-tifths, and ,
exceeding one-half of a ratio, and no
county shall be divided unless entitled
to two or more Senators. No city or
1 county shall be entitled to separate rep
resentation
exceeding one-sixth of the
whole number of Senators. No ward,
borough, or township shall be divided 1
in the formation of a district. The
Senatorial ratio shall he-ascertained by
dividing the whole population of the
State by the number fifty. - • ,
Sbo. 17. The-members ot the Souse
of Representatives shall be apportioned
among the several ebuntlem,'OU'Ll ratio
obtained by ,tilviding the population ef
the State as to certithied by the most re-
ceut United States census by two him
dred. Every county containing less
than five ratios shell have one-represen
wive for_every full ratio, -and au ad
ditintial representative when the sur
plusexceeds half a ratio; but each coun
ty el all have at least on e represetitati ye.
Eve y county containing live ratios or
mor shall have one representative for
ever fall ratio. Every city containing
. a po tdatioc equal to &ratio shall elect
---its
sepa ately proportion of the repre
sent tives allotted_ to• the county in
whiiti
- it is lotated., Every.city entitle'd
to oldie than four representatives, and
ever county having over one hundred
thosaud inhabitants, shall be divided'
t.l
into districts of compact and contigu
ouscrritory,,each district to elect Its
pro onion otrepresentatiVes according,
i l l
-tolti potiuraiton,lbut no 'district - shall
elee more than lour representatives.
13 .18. 'he General Assembly at Its
4
IliSkaeaStotrafter the adoption of this
' . :4toiitltullkirt, and immediately after
pick United Sista; decennial Winne,
• i
*hall apportion
Wand Represp
My to the pmvi,
preeeedingpeet
Aft.
SECTION' 1.-
. . .
the State 'into Senator.
1 tative districts agrees
ions of_ the two next
ons.
MEILATION.
o,law shalt be passed
nd no bill shall be so
•nded on its passage
• smelts to• change Its
except by bill; t
altered or am
through eithei.
original Purpos
f3E(I. 2. So b
unless referred
11 shall he considered
oa eommtttee, returned
Aimed for the use of
t here fro m,mill i
the members.' .
Sac- 3. No liill, except general ap
propriation biil4, shall be passed con
taining more than one subject, which
shall be clearly expressed in its title.
SEC. 4, Every' bill shall . be read at
length on three different days in each
rouse; all ainepdments made thereto
shall be printedlfor the use of the metn
brs before the Anal Note Is taken -on
t ie bill, and no ibill shall become a law
unless on its final passage the vote shall
be taken by yeas and nays, the names
of the persons Voting - for and againSt
the same be entered on the journal, and
a majority of the members elected to
each House be recorded thereon as vot
ing in itafavor. i,
SEC. 5.- No amendment to bills by one
1-douse shall be dosicurred in by the oth ,
er, except by the vote of a majority of
the menibers'thec - ted tliereto, taken by
yeas and nays; aid the names of those
voting for atidj . gainst recorded upon
the journal Ili reof; and reports of
committees of conference shall be
adopted in eltii r House only by the
vote of arnajoil y of the members elect
ed thereto, takei by yeas. and nays, and
the names ofsth se voting recorded up
on tne journal.
• Sac. 6. No '•1 w shall be revived,,.
amended, or tit provisions thereof ex- i
tended or confer ed by reference to• its
title only, but 6 much thereof as is re
v i ved r uiner' ded, extended, or conferred
shall be re-enn ted and published at
length. . I • .
SEC. 7. The G, neral Assembly shall
not passe any An ail or special law : au
thorizing the lc eating, extension, or
impairing of lie a;. regulating the af
t
w
af
fairs of counts e; cities, tonships,
wards, borough , or school districts ;
changing the na es of persons or places;
changing the ve ue in civil or criminal
cases; authoriiit i g the laying out, open
ing, altering, lor maintaining roads,
highways, streeta, or alleys ; relating
to ferries or bridges, or incorporating
ferry or bridge ompanies, except for
the erection of b idges crossing streams
which form hot ndaries between this
and any other tate; vacating roads,.
town plats, streets, or alleys; relating
-to cemeteries, I grave yards, or public
grounds not of the State;
authorizing
the adoption o legitimation of chil
dren; locating or chang'ug county
seats, erecting n w csuntiLss or cling-_
ing county lines; incorporating cities,
towns or villages, or changing their
charters; for the opening and conduct
ing -of elections, l or fixing or changing
the place of yoting ; granting divorces;
erecting new toWnships., or boroughs,
changing township lines, borough lim
its or -shoot districts; creating oices,
or prescribing the powers andffi sties
, t
of officers in counties, cities, born ghs,
townships, election or school distri cts;
changing the law of descent or succes
sion ; regulating the practice or juris
diction of or changing the-rules of evi
dence in any judicial proceeding or in
quiry before worts, alderman, justices
of the peace, sneritrs, commissioners,
arbitrators, auditors, masters in chan
cery, or other tribunals,or providing or
changing inettiods for the collection of
debts, or the enforcing of judgments,
or prescribing the effect of judicial sales
of real estate; regulating' the fees, or
extending the paters rind duties of al
dermen, justices, of the peace,
magis-_
trates or constables;
regulating the
management Of . public schools, the
builditig or minoring of school-houses
and the riiislog Of money air such pur
posts ; fixing the rate of hot-rest; af
fecting the estati-s of niinors or pet soils
under disabititY, except after due no
tice to all partiles i in interest, to be re
cited in the special enactment ; remit
ting lines, penalties aud forfeitures, or
refunding moneys legally paid into
the Treasury; 1 exempting property
films taxation; regulatiug labor, trade,
ininhos or manufacturing, - creating
corporations or amending, renewing,
or extending the charters thereof ;
granting. to any corporation, associa
tion or iiiiii ‘ vidnal any special or each/
sive privilegeair immunity,or teeny cor
poration, atton or individual the
right to lay do#n a railroad track. Nor
shall the bleneraiNAssernbly indirectly
enact such speCial Or local law by the
partial repeal Of a general law, but laws
repealing local or special acts may be
passed: Nor shall any 'law be passed._
graisting.powera or privileges in any
case where the granting of 'euch pow
ers and privileges shall have been pro
vided for by general law, nor where the
courts have jurisdiction to grant the
same or give thoi relief asked for. \
SEC. 8. No Meal or special bill shall be,
passed unless'no i tice of the intention to
apply therefore all have been publish
ed in the locality; where. the matter or
the thing to be efreeted may be situat
ed, which neffee Shall be r atleast thirty
days prior to the, introduction into the
General Assembly of such bill,' and in
the manner tobe'provided by law ; the
evidence of such notice having been
published shalt to exhibited in the Gen
eral Assemblyylb l efore such act shall be
passed.
SEC. 9. The iir ) e
House shall, ul
House over win.
ealding officer of each
L the presence of the
eli he presides, sign all
olutions passed by the
ly, after their titles
\iciy read immediately.
od the fact,of signing
n the. Journal.
leuerai Assembly shall
the number, duties and
the officers and em
rouse, and no payment
Oni the State Treasury,
bills anti joint r'
General Azsein
have been piot:
before signing;
shall be entered 4
SEC. 10. The I '
prescribe by law
eona pensation -
pioyes of each,
fa haii be made ft
authorized to any per
-1 acting officer or em
ppoiuted in pursuauee
'or be In anyway
sou, except tola
ploye elected or
of lavi.
Sic. 11. No hi 1 shall he passed
.giv
lug any extra Co • pensatton to any pub
lic otlicer,-serVa it, employe, agent, or
contractor,
afte services shall have
been rendered or contract made, nor
providing` for the piiyrnen t of any claim
against the couittonwealth, without
previous authorityt Of law.
SEC. 12. All stationery, printing, pa
per and fuel used in the legislative and
other departments of government shall
be furnished, and the printing, binding
and distributing of the laws, journals,
department repOrts, and.all other print
ing and binding; and the repairing and
furnishing 010 halls and rooms used for
the meetings of the General Assembly
t
and hi , • conatuitt es, shall be performed
under contract', o be given to the low
est respansibie, bidder below such MlX
itmurn price, and under such regulations
as shall be prescribed by law ; no mem
ber oz-officer of, any department of the
governinent sha, I be in any way inter
ested in such contracts, and all such
eontracts shell be subject to the appro=
Iv al of the Governor, Auditor-General
and State Treasurer.
SEp.,lB. No 124 shall extend the term
of any. public tinker, or increase or 'di
minish his salary or emolument kr
his election or aiopointment.
• SEc. 14. All bills for raising revenue
shall orlginateliti the House - ef Re,e.!
sentatives, but' the Senate may propose
amendments as in other hills: ,- f
SEC. 16. The( general appropriation
will shall embrace nothing but apPro
'priations for the ordinary .expenses of
1 the executive , legislative and judicial
1 departments of the'Com mon wealth, in
terest on the public debt, and for puni.
lie school's; •alt7_6ther - appropriations
shall be made by separate bill, wadi,
etubraelog but! . us mojeat.
1
SEC. 40, No money shall be paid out
of the Treasury except upotr appropria
tions made by Jaw ant on warrant
drawn by.the proper , er Jo pursu-.
ance thereof.
Sao. 17. No , appropriation shall :be
made to any charitable 'or educational.
institution not under the absolute me.
trol of the Comtuonwealth, other than
normal schools established by Mr
the professional training- of -teachers
for the public scboots,or the State, ex
cept by a vote of two-thirds of all the
members elected to each Holf.2e.
• SEC. 18. No appropriations except
for pensions or gratnitiee for military
services shall be made for charitable,
educational or. benevolent purposes, to
any person or , community t tier to arlY
denominational or sectarian lustittiqon,
corporation or association. : • -
SEC. 19. 'The General Assembly may
make appropriations of money tolusti
tenons wherein the widows . of soldiers
are en pported or assisted, or the orphans
of soldiers are maintained and educated;
but such appropriation shall be applied
exclusively to the support of such wid
ows arid orphans. •
SEC. 20. The General Assembly shall
not delegate to any special cominiesion.,
private corporation or association, any
power to make, supervise, or interfere
with any municipal improve'ment;
money, property or effects, whether
held in trust or otherw se, or to levy
taxes or perform any municipal fuuc
tion whatever.
Sao. 21. No act of the General 'As
set].) oly shall limit the amount to be re
covered for injuries resulting
_in death,
or for injuries to: persons or property,
and in case of death &oaf such Injuries.
the right of action shall' survive, and
the General Assembly shall prescribe
for whose benefit such actions shall be
prosecuted; no act shall !prescribe any
limitations of time within which suits
may be brought - agatust, corporations
for injuries to persons or. - --p . o • erty, or
for other causes different from .0 se
fixed by general laws regulating actions
against natural persons, and such ac
tions now existing are avoided.
Sro. 22. No act of the General As.'
sembly shall authorize the investment
of trust funds by executors, adminis
trators, guardians, or other trustees, in
the bonds 'Cr stock of any private ; cor
poration, and such acts now existing
are avoided, saving investments here
tofore made.
SEC. 23. The power to change
venue in civil and criminal cases shall
be vested in the courts to be exercised
in such manner as shall be provided by,
law,
Se.o. 24. No obligation or liability of
any railroad or other corporation, held
or owned by the Commonwealth, shall
ever be exchanged, transferred, remit;
ted, postponed, or in any way dimin
ished by the General Assembly, nor
shall such liability or obligation be re•
leased, except by payment thereof into
the State-) Treasury.
Sic. 25. When the General Assembly
shall be convened in special session,
there shall be no legislation upon sub
jects other than those designated in the
proclamation of the Governor, calling
such session.
sac. 26. Every order, resolution or
vote, to which the concurrence of both
Houses may he necessary (except on the
question of adjournment) shall be pre
sented to the Governor', and before -it
shall take effect be approved by him, or
being disapproved, shall be repassed by
two-chi/Ps of both Houses,according to
the rules and limitations prescribed in
case of a bill.
8E0.27. No State office shall be emi
tinued or created for the
. inspection or
measuring of any merchandise, manti
facture, or commodity, but any county
or Municipality may appoint such offi
cers when authorized by Jaw.
SEC. 28. No law changing the loca
tion of the capital of the Suite shall be
valid until the sarneshall have been sub-
miiteti to the qualified electors of the
Commonwealth at a genes al election,
and twilled and approved by them.
SEC. 29, A member of the General
Assembly who shall solicit, demand or
receive, or consent to receive, directly
orjudhiectly, for himself or for another,
fi mu a t ly company, corporal job or per--
eon, any money, office, appointment,
employ meat, testimonial, reward,
things Of value or enjoyment, or of -per
sonal advantage or promise thereof, for .
his vote or official influence, or for with
holding, the same, or With an under
standing expressed or implied, that his
vote or official action shall be In any
way influenced tbereby,or who shall so.
licit or demand any such money or
other advantage, mutter or thing afore
said for another, as the,consideration of
his vote or official Influence or for with?,
holding the same, or shall give or With-.
hold his vote or influence in considera
tion of the payment or promise of such
nioney, advantage, matter, or thing to
another,
shall be held guilty of bribery
within the meaning of this Constitti
tion, and shall incur the disabilities pro
vided thereby for said offense, and such
additional punishment as is or' shall be
provided by law.
, SEC. 80. Any person whoshall,direCt
'lyor indirectly, offer, give or promise,
anynoney, or thing 'of value, teetinao-
Olaf, ivilege, or personal advantage,
to any exreutive - or judicial officer or
menthe". orthe General Assembly, to In
fluence bimn the performance of any
of his pubilc o official dutles,Bhall be
guilty of bribery;aud be punished In
such manner as be provided by
law. . -N
BEO.BI. The offense ,ckf'-corrupt sol
Ration of members of the General As
sembly or of public officers °Nile State,
or of any municipal division thereof,
and any occupation or practice of , soilc ,
itation of such mernbe or officers,,to
influence their official action, shal be
defined by law, and shall be punished'
by line and imprisonment.
Sac. 82: Any person may be com
pelled to testify Many lawful investi
gation or judicial proceeding, against
any person who may be charged with
having committed the offense of bribery
or corrupt solicitation, or practices .of
solicitation, and shall not 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 afterWit:ils be
used against him in any judicial pro
' ceeding, except for perjury in giving
such testituony,and any person convict,
ed of either of the offenses aforesaid,
shrill, as part of the, punishment there
! for; be disqualified from holding any of
: flee or position of honor, trust, or profit,
In this Commonwealth.
SEC. 83. A member who has a perso-
nal or private Interest in any measure
or bill, proposed or pending before the
General Assembly shall disclose the fact
to the House of it iiv hich he is o member,
and shall nut vo e . thereon . •
ARTICLE IV.
THE EXECUTIVE,
SECTION 1. The Executive Depart
meta of this Commoilwealth , shail cop,.
stet of a Governor, Lteutetiant 4 Gover- -
inor, Secretary of the Commonwealth,
`Attortiey-General, Auditor-Gen e r a I,
State Treaiiiirer, Secretary of Internal,
Atlairs, and a' Superintendent of Pub
lic Itiptruetion.
Sun. 2. The supreme executive power
shall be vested in the Governor, who
shall take care that the. laws •be •ftitth;;
fully executed ;. he shall be chosen on
the day of the general election ,by the
! qualified electors Of the COmmon wetilth,
at. the places where they shall vote for
_Representatives. The returns of every
election for Governor aball , be .scaled
up and transmitted to the seat 'or -gov
ernment, directed to tee - Psesidient' of'
the Senate, who shall open and publish
them in 'the presence of the memberi
of both houses of r tbeGeneral Assembly,
The pe-.4 haVing the highest number
of votes shall' tie' LinVertiof, but
or mole be equal - and highest - In =.voteii e
one of them shall be chosen Governor
by gas plot vote of the members of
-'both Houses. ClonteSted elections shall
be deterthihed by a . conimittee, to be se. ,
lected: from-both Rouses of the General,
Assembly, and fprmed and regulate in
such manner as 4hull be directedby law.
- SEC. 3. The Governor shall hold his
office during four years from• the third.
Tuetitlay of January next -ensuing itis:
election, and shall not be eligible to the . ,
ottie:efor - the next succeeding terto- •
Stic 4: A Lieutenant-Governor Shall
be ehosen at the same time, in the same'
mat4er, for the same term, and subject
to tl'i . same provisions as the Governor;
116811111 be President of the Senate, but
have no vote unless they be equal
-IYrtliVided.•‘" , • ;
h.to. Er. No person shall be eligible Ito
the office of Governor or Lieutenant-
Governor eiteept ti citizen of the United
States, Alt? ho shall • have attained the age
of • thirty years, and have been seven
years next preceeding his election an'
inhabitant of the State; unless he shall
have been absent on the public business
of the United States orof. this State.
Sic. 6. No member of Congress or
perton. holding any office under , the
United States or this Stale shall exercise
the office of Governor or Lieutenant-
Governor.
SEC.'?. The Governor Ethan be com
mandei-in-chief of the Arniy and na
vy of the Commonwealth, and of the
ilitia, except when they Atoll be calleo
into ,the actual service of the United
b'tati.m. • •
!Fist% 'B. He shall nominate, and, by
and with the ad vice and consent of two
thirds of all the . members (ff thei Senate,
appoint a Seoretary of the Cbmnion
wealth:and an : Attorney General dur
ing pleasure; a Superintendent ot Pu b
liclastruction for four years, and such
other ollicers of the Commonwealth as
he is or. ruay be authorized by the Con
stittithin or by law to, appoint; he shall
have power to till all vacancies that may
litippeu in °tikes to which .he may ap
point during the recess of the Senate by
granting Atommissions which shall ex
at the end of their next session ; r he
lower to till any vacaticy
uring the recess of
utli tor Gen-
tam
.
that, may happ
thelSenate, in the office
oral, Stale Treasurer; Secretar
terual Affairs orSuperinterident of Pub
lic Instruction , - In a Judicial office, or In
any other elective office which he is or
May' be authorized to till': •
• If the vacancy shall happen during
e-session at the Senate, the Governor
*brill Dominate to the Senate, before
their final'adjoidinent, a proper per
sou: to fill said vacancy.
But in any:such case of vacancy, In
an elective office, a person shall he chos
en to said office at the next general elec
tion, unless the vacancy shall happen
within three -calendar months immedi
ately preceding such election, In which
ease the election fur said otlice shall be
held at the second suceeding general
election.
In acting on Executive'nomintitions,
the Brtiateshall,sit with open doors,and
in confirMing or rejecting the nomina'
tiOris of the Governor, the vote shall be
taken by . yeas and nays, and shall be
entered on the journal.
fit e. 9. He shall have power to remit
tines and forfeitures, to grant reprieves,
commutations of sentence and par
dons, except in eases of impeachment,
but no pardon shall be granteq, nor sen
tence commuted, except upon the rec•
commendation in writing of the Lieu
tenant Governor, Secretary of the'Com-
Monwealth, Attorney-General and Sec
retary of Internal affairs, or any three
of them, after full hearing, upon due
public notice and in open session, and
such recommendation, with the reasons
erefOr at length, shall be recorded and
filed in the oflice of the Secretary of the
Vonituon wealth.
Six. 10. He may require information
ip writing from the otileers of the Exe-
OutiveDePartment, upon any subject re
to the duties If their respective
olfi ces.
- • Sic 11: He shall, from time to time,
give to the General Assembly Inforinh
tion or the state or the Corn woOvealtil,
mid recoiii mend to their consideration
such measures as he may judge expedi•
ent.
SEC. 12, He may, on extraordinary
occasions, convene the General Assem
bly, and in case of disagreenvmt be
tweett. the two Houses, with respect to
the time of adjournment, adjourn them
to= sucli time as he shall think proper,
hot exceeding four .mouths. He shall
have power to cduvene the Senate in ex
traordinary session, by proclamation,
for the transaction of executive bust
oess.
Sec. 13. In ease of the death, convic
tion or impeachment, failure to qualify,
resignation, or other disability of the
rgkevernor„the'poweN, duties and eittol
laments of the olllee for the remainder of
the term, , or until the disability be re-
Moved, shall devolve upon the Lieuten
antAlovernOr.
8E0.14. eaaq of a vacancy in the
ofilee of Lleutenan t- Governor, or when
the Lieutenant-Governor shall be im
peached by the House of Represetita
tiqs, or shall be unable to exercise the
duties of his °Mee, the powers, duties
and emoluments therefor for the remain
dth' of the term, or until the disability
be:removed, shall devolve upon thePres
idpnt - Pro tern pre of the Senate; and
shall in like manner become Governor
Ma vacancy or disability shall occur in
the office of Governor ; his seat us Sena
ter shall become vacant whenever be
shall become Governor, and shall be fill
ed by *orlon as,auy other vacancy In
the 6010(e.
- SEC. 15. Every' bill which shall have
passed Abet h Houses shall be presented
to the Oovernori.l I he approve, he shall
Sign It but if he shall not approve, he
_shallireturn it with his objections to the
Howe in which it shall have originate,
which House shall enter the objections
. t large upon their journal, and proceed
treconsider• it. If, after such recon
sidt4ation, two-thirds of all the mem-
tier§ elected to that HOllBB Ethan agree to
pass tho' , bill, it shall be sent with the ob
jections to the other House, by which,
likewise, it shall be reconsidered, and if
approved by two thirds of all the mem
bers elected to that House., it shall be a
law ; but in such - Oases the votes of both
House's shall be determined by yeas
:Mid nays, and the names of the -mem
gees voting for and against the bill shall
be ;entered on' the journals, of each
House respectively. If any 'bill shall
not, be returned by the Governor within
.ten days after it shall have been present
ed to him,the same shall be a law in like
manner as If lie had signed It,' unless
the General Aasemhly,by their adjourn
ment, prevent its return, in which case
Italia!l be a law, unless be shall 131 w -the
Wile, with his objections, in the office
.of the Secretary of the Commonwealth,
and give notice thereof by public proc.:'
Ination within thirty days. after such
adjeurument.
BEO. - 16; The Governor shall have
power to disapprove jot' any Rein or
items of auy hilt making appropriations
of money, embracing distinct items,
And the part or parts of, the bill approv
'ed shaftz•be the and the item or
Items of appropriation, - disapproved
shall be void, unless repassed according
to the rules and limitations prescribed
for the passage : of other, bills, over the
executive veto. • • - • _•• • •
SEc.l7. The Chief Justice of the Su
preme Court shall . preside upon the trial
.of any contested election of Governor or
peutenatit-UoVernor ' and shall decide
sues ions retarding the atimissability
of, evidence, and shall; upon request 'of
the committee; 'pronounce his Opinion
Upon other qnestlontof la w Involved in
the trial. - The Governor and- Lieuten
-Oat-Governor shall exercise - the duties
of their respective'offtces until their su e
t ()swift - shall he duly, qualified - . :
. Svc. 18 ; The Secretary of the Com
monwealth shah keep a record of all of
cial acts and_preceed i rigs_ of the Gover
nor, and , . when - tequired lay the same,
with all papers, minutes and vouchers
relating thereto, before either branoh of
the General Assembly, - and perform
such other duties as may be enjoined 'up
on him by lave. : ,
SEC. 19; TheSeeretary of Internal Af
fairs shall exercise all the powers and
ti.erform aft the duties of the Surveyor
eneral, subject to such changes as shall
be made by law.. His department shall
embrace a bitreawof industrial statistics,
and he shall discharge such duties relat
ing to corporations, to_the charitable in
stitutions, the Agricultural. manufactur
ing, mining, mineral, timber and other
material or business Interests of ll , e
State as may be prescribed by law. He
shall annually, and at such other times
as may be required by law, make report
to the General Assembly.
SEC. 20. The Superintendent of Pub
lic - Instrtiction shall exercise all the
powers and perform all the duties of the
Superintendent' - of Common Schools,
subject to such changes teilshall be made
by law.
SEc. 21. The term of the Secretary of
Internal Affairs shall be four years of
the Auditor General, three years, and of
•the State Treasurer two years. These
'officers shall be chosen by the qualified
electors of the State at general elections.
No person. elected to the office of Audi
tor-General or State Treasurer shall . be
capable of holding the same office for
two consecutive terms.
SEC. 22. Vile preeent Great Seal of
Pennsylvania shall be the seal of the
State.
All eomrniSSions , shall he in the name
and.by the authority of the Common
wealth of Pennsylvania, and be sealed
with the State seal and signed by the
Governor.
ARTICLE V.
TILL JUDICIARY.
SECTION 1. The judicial power of this
Commonwealth shah be vested in a Stfpieme
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 be elected by
the qualified' electors of the State at large.
'hey shall hold their offices for,the term of
twenty-one years, if they so long behave
themselves well, but shall not bei again eli
gible. The Judge whose commission shall
first expire shalltie Chief Justice, and there
after each Judge whose commission. shall
first expire. shall in turn be Chief Justice.
SEC. 3. The jurigdiction of the Supreme
Court shall extend. over the State, and the.
Judges thereof shall, by virtue of their offi
ces, be justices, of over and terminer and
general jail delivery in the several counties;
they shall have original jurisdiction in cases
of injunction, and, where a corporation is a
pally defendant, of habeas corpus, of man
damus, cud to courts of inferior -jurisdic
tion; and in case of quo waryanto, as
to all officers of the Commonwealth whose
jurisdiction extends over the State, but shall
not exercise any other original jurisdiction.
They shall have appellate jurisdiction by
appeal, certiorari or writ of error in all ca
ses, as is now or may hereafter be provided
by law.
SEC. 4. Until otherwise directed by law,
the Courts of Common Pleas shall continue
as at present established, except as herein
changed. Not more than four counties shall
at any time be included in one judicial dis
trict organized for said Courts.
SEC. v. Whenever a county pall contain
forty thousand inhabitants it shall consti
tute a separate judicial district, and shall
elect one Judge learned in the law; and the
General Assembly shall provide for addition
al Judges as the businiss of the said districts
may require. Counties containing a popu
lation less than is sufficient to constitute sep
arate districts shall be formed into conve
nient single districts, or, if necessary, may
he attached to contiguous districts, as the
General Assembly may provide. The otlice of
Associate Judge; not learned in the law,
is abolished in ;counties forming separate
districts; but thei.several Associate Judges
in office when ibis Constitution shall be
adopted shall serte fur their unexpired terms: •
Sue. 6. In the counties of Philadelphia
and Allegheny al the jut isdict ion and pow
ers now vested in the District Courts and
Courts of Common ,Pleas, subject to such
changes as may be made by this Constitu-
Om_ or by law, sit 11 be in Philadelphia vest
ed m four, and in Allegheny in two distinct
and separate courts of equal and co--ordi
nate jurisdiction, composed of three Judges
each. The said courts in Philadelphia shall
be designated respectiVely as the Court of
Common Pleas number one, number two,
number three, and number four, and in Al
legheny as the Court of Common Pleas num
ber one arld.number two; but. the 'lumber of
said courts may be by law increased from
time to time,land shall beim like manner des
ignated by sticeessive numbers. The number
of Judges in any of •suid courts, or in any
county where the establishment of an addi
tional cotiminay be authorized bylaw, may
be tuereasedtfrum time to time; and when
ever such increase shall amount in the Whole
to three, such three Judges shall compose
a distinct and separate court as 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 said court; and
the several courts shall distribute and ap
portion the business among them in such a
manlier as shall be provided by rules of
court; and each court 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 court shall have exclusive ju
risdiction of all proceedings at law and In
equity commenced therein, subject to change
of venue as may be provided by law.
Sxe. 7. For "Philadelphia there shall be
one Prothonotary's ofileb and one Prothon
otary for all said, courts, to be appointed by
the Judges of said courts, and to hold of
fice for thre'e years, subject to removal by a
majority' of the said Judges. The said Pro•
thunotary shall appoint such assistants as
may be necessary, and authorized by said
courts; and he and his assistants shall re
ceive flXed salaries, to be determined by
law, and paid by said county. All fees col
lected in said (Alice, except such Eta may be
by law due to the Commonwealth, shall he
paid by the Prothonotary into the county
treasury. Each court shall have its sepa
rate dockets, except the. judgment docket,
which shall contain the judgments and
liens of all the said, courts, us is or may be
directed by - law. •
SEc. 8. The said courts la the counties of
!Philadelphia and Allegheny respectively
shall, front time to time, in turn, detail one
or more of their Judges to hold the courts
of Oyer and Termiuer and the Courts of
Quarter Sessions of the Peace of said coun
ties in such manner as may be directed by
•
SEC. 9. Judges of the Court's of Common
Pleas learned in the law Aull be Judges of
the Courts of Oyer and Terminer, Quarter
Sessions of the Peace,,and General Jail De
livery, and of the Orphans' Court, and with-
in their respective districts shall bi 3 Justices
of the.Pettee as to criminal matters. •
.
SEC. 10. The Judges of' the Courts of Corn
mon
Pleas, within their rekiective counties,•
shall have power to issue writs of certiorkiti - ,
to , Justices .of the Peace and other infe
riors courts,not of record, and to cause their
proceeding ' to be brought before them and
right and ji sties to be done.
SEc. 11. 4xcept as otherwise provided in
i
this Constiti tion, Justices of the Peace or
Aldermen \
stall. be elected' in the several .
the me of the election 'of constables by
i
ward l , 51 istr cts,. boroughs,
,rind townships at
the q alified'electors thereof, in such man
ner a hall be directed by law, and shall be
comin Ssioned by the Govelnor for a term
of fivyears. No township, ward, district,
or bor ugh shalirelect mit'than two. Jus
tices o the Peace or Aldernibn without the
consent of a majority of the qualified elec
tors within such township, ward, or bor
ongh; no person shall be elected to such of
fice unless be shrill hatre resided within the
township, -borough, ward, or district for one
year next preceding his election. In cities
containing over ' fifty thou Sand. inhabitants
not more than one Alderman\shall be elect
ed in each ward or district. ),
SEc. 12. In Philadelphia there shall be
established, for each 30,000 inhabitants, one
Court 'not of . record" - of atide/vil
causes, with jurisdiction not exceeding; one
hundred dollars. Such-Courts shall be held
by nmestratea wbose term of ornos shall be
liVe yesis, and they shall he • elected on gen•
eral ticket by l the qualified voters at large;
and in the election of the said magistrates
no voter shall-vote for more than tw•o-thirds
of the numhtfr of persons to he elected when
more than one areto be chosen. They Shall
be compensated only by fixed salaries, to be
paid by the said county; and shall exercise
such jurisdiction, civil and criminal, except
as herein Provided, as is now exercised by
Aldermen.; eubje.ct to such changes, not in
volving at, increase of civil jurisdiction or
conferring politict.l duties, as may he made
by/aw. In Philadelphia the (ace. of Al
ilerman is ribtAiSiled.
SEC. 13. All fee 4, fines, and penalties in
said Courts shall be paid into the county
treasury.
SEC. 14. In all cases of summary convic
tion in this ComMonwealth, or of judgment
in suit for a penalty before a magistrate or
court not of record either party may ap
peal to such court cif record as may be pre
scribed by law, upon allowance of the ap
pellate court or judge thereof, upon cause
shown.
SEC. ITi. All Judges required to boearned
in the law, except the Judies of the Su
preme Court, shall be elected by the quali
fied eleetors of the respective districts over
which they are to preside, and shall hold
their offices for the periOd of ten years; if
they shtdr so long behave themselves well;
- brut-for any reasonable cause, which shall
not be sufficient ground for impeachment,,
the Governor may remove any of them on
the addiess of two-thirds of each house of
the General Assembly. -
SEC. 16. Whenever. two Judges of the So
p eme Court are to be chosen for the same
term of service, each voter shall vote for
one only; and when three are to be chosen,
lie shall -vote for no more than two. The
candidate highest in vote shall be de . clared
elected.
SEC. 17. Should any two or more Judges of
the Supreme Court, or any two or more
Judges of the Court of Common Pleas for
the same district ; he elected at the same
time, they shall, soon after the election
as - convenient, cast dots for priority of com
mission, and certifY the result, to the Gov
ernor, who shall i•osue their commissions in
accordance therewith.
SEc. 18. The Judges of the 'Supreme
Court and the .Judges of the several Courts
of Cointnon4lens, and all other Judges re•
qtiired to b learned in the law, shall, at
stated times, receive for their services an
adequate copensation, which shall be fixed
by law and I aid by the .811te. They shall
't
receive uo of ter compensation, fees, or per
quisites of office for their services from any
source, nor bold any other office of profit
under the United States, this. State, dii any
other State. l
SEC. 19. The Judges ,cif the Supgetue
Court, during their continuance in office.
shall reside within this Commonyi'eulth; and
the other Judges, during their continuance
in otlitc, - shall reside within the district for
which they shall be respectively elected.
SEc. 20. The several Courts of Common
(e
Pleas, besides the powers herein conferr (
shall have and exercit•e \%itiiin their respect)
lye districts, subject to such changes as on;
be ukule by law, such qbancery powers as
are now vested by law in the Several Courts
of Common Pleas of this CommonweaVh,
or as may lii!retifter be conferred upon them
by law.
SEC. 2,1. No duties shall be imposed - by
law upon the Supreme Court or anf - Of the
Judges thereof .except such as are judicial,
nor shall any ol) the Judges thereof exer
ek•e any power 'of appointment except as
herein provided. The CoOt of Nisi Prids
is hereby abolished, and no court of origi•
nal jurisdiction to be presided over by any i
one or more of the Judges of the Supreme
Court sliall be established.
SEC. 22. In every county wherein the
population shall exceed one hundred and
fifty thousand the General Assembly shall,
and in any oilier county May, establish a
separate Orphans' Court, to consist of one
or more Judges, who shall be learrieo in the
law, mhich court shall eiercis,e all the kirk.-
diction and powers now vested in, or which
may hereafter be conferred upon, ithe Or
phans' Courts,
and thereupon the jurisdic
tion of the Judges of the Court of Common,
Pleas, ithin strcii county in Orphans' Corm
proceedihgs shall cease and determine. In
any county in \vhieh a separate, Orphans'
Cowl shall be C:thiblisbed, the Register 01
Wills shall'he clerk of such court, anti sub
ject to its direction in all matters pertaining
to his office. Re may - appoint assistant
clerks, but only with the consent and ap
proval of said court. All accounts filed
with him as register ,or as clerk of 'the said
separate Orphans' Court shallLbe audited -t.y
the court without expense to parties, except
where all partics'in- interest in a pending
proceeding 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 Registers'
tcourts are hereby abolished.
Sec. 23. The style of all process shill be
"The Com m onw colt h of Pen nsy
All prosecutions shall-be carried on in the
name and by the authority of the Commbn
wealth of Pennsylvania, and conclude
against the peace and dignity of the same.
S.M. 24. In till ,cases .of felomods homi
cide, and in such (per criminal cases as
may be pihvided fat by. law, the accused,
after conviction and sentence, may remove
the indictment, record, and all pioceedings
to the Supreme Court for review.
. SEC. 25. Any,ivireancy happening by death,
resignation,, or otherwise in a ny court - of rec
ord shall be filled by appointment' by the
Governor, to continue till the first Monday
of January next succeeding the first general
election which shall occur three or more
months after, the happening of such vacan
cy..
SEC. 20. All-laws relating to courts shall
he general and of uniform operation, and
the organizatidu, jurisdiction and powers of
all courts of thp same class or grade, so far
as regulated by=law, and the .force and ef
fect of the process 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 :fudges of the
Courts of Common Pleas and Orpheus'
Courts.
aeo. 27. The parties, by agreement filed;
may, in ,any civil case, - dispense with trial
by jury and submit the decision of such
case toll court .having jurisdiction there
of, and sh court shall hear and determine
rn
the sae; and the judgment rthereon shall
be subject, to writ of error as in other cases.
ARTICLE VI. 1 ,
ThIPRACHMENT AND REMOVAL FROM, OFFICE.
SECTION 1. The House of Representatives
shell have the sole power of impeachment.
SEc.'2. All impeachments shall be tried
by the Senate, When sitting for that or
poseolte Senators shall be upon oath or af
firmation:- No person shall be convicted
without
,the ebncurtence of two-thirds of
the members present-.
Sac. 3: The Governor and all other civil of
ficers shall he liable to impeniffiment for any
misdetneanoQ in office, but judgment in such
eases shall nit extend further than to-remo
val from offfiie and disqualification to hold
any office of 'trust or profit under this Com
monwealth; , the person accused, whether
convicted or, aequ died, . sh all nevertheless be
liable to indictment, trial, judgment, and
punishment according to law.
SEC. 4. All-officers shall bold their offices
on the condition that they behave themselves
well while in office, and shall be removed
ou conviction of misbehavior in office or pf
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 4 All officers
•elected by the people, except ,Govi3rni3r,
Lieutenant Governor; - members of the Gen
-1 eral Assembly, and Judges of the coarto of
record learned in the law, - shalt be removed
by the:Governor for reasonahl‘ cause, after
dite•notice and full. hearing, on the address
of two=thirda Of , the Senate., , ,
ARTICLE VII.
oATa OF OFFICE.
SZCT/ON 1." ;SenatOrs Arid 1 Flepresentht t yea
and all 'Judicial, State, and vounty_officera
shall, -before entering,-on the duties ot/thvir
resgective offices. take and sehsPibe he Sol
lowing oath, muffin:nation: . i
"I do solemnly swear (or affirm) that I
will - sum - rt., obey, and defend the Consti
tutiou of the United StateS'aud flied Consti
tution of this Commonwealth, sud that I
will discharge the duties of my office with
fidelity; that I have . .p44 -paid
,or
ted, or promised to pay or contribute,_ either
directly or indirectly, any money or otter
valuable thing, to procure' my :nominat
orclectidn. (or appointmentjexcep.t forneo
essary and proper expenses expressly:lnt
thorized by law; that I have not knowinAly
violated any election law. of this. Common
wealth, or procured it to be done by °there
in imy.behall; that I will not knowingly.-ke
cexre, directly or indirectly, any money, or
other valuable thing for the performance or
noh performance of any act or duty pertain
i to my office, other than the compensa
tion allowed by law."
The foregoing oath shall be administered
by some !Jerson authorized to administer
oaths, and in the rase State qfficers and
.wines of the Stiprente Court, shall bellied
in the office of the Se etary of the Com
monwealth, end•in the tise of otherjudioial
and county officers in tie office of 'the
thonotary of the count in which the santn
is taken. Any person efusing to take said.
oath or affirmation shat forfeit his dam
and any person who shall be tonvioted
having sworn or affirmed falsely, or of har
ing violated said oath or affirmation, shall
he guilty of perjury, and be forever disqual-_
ified from holding. any office of trust or
profit within this Commonwealth'.
The oath to the members of the Senate
and House of Representatives shall be ad•
ministered by one of the Judges of the Sti
preme Court or of a Court of Comma
Pleas learned in the law, in the hall of this.
house to which the members shall be elected.
ARTICLE VIII.
ISUFFIIAGE AND mamma.
SECTION 1. very male eitizeti twenty-ono
years of age, possessing the following qual
itications, shall be entitled to vote at all
elections:
First. IHe sh 6 have been's citizen of the
united States at least one month. i
Second. He shall have resided in the Mato
one year (or, , having previously, beeti:a
qualified elector or native born citizen of
the State, he shall have retnoved therein:SA
and returned, then six months) immediately
.preceding the election.
Third. He shall have resided in etio
lion district where he shall offer to v oteat
least two months immediately preceding the
election.
Fourth. If twenty-two years of age or ii*
ward, he 81101 have paid within two years.*
State or county tax, which shalljhave been
assessed at least two months a . paid sit
least Wile month before the electi .
SEC. 2. The general election sh i t be held.
t
annually on the Tuesday next 101 l wing thb
fir s t Monday of November, but the Genetid
Assembly may by law fix a different day, '
two-thirds of all the members of each hot,
consenting thereto.
Sac. 3. All 'elections for city, ward, bor
ough, and township officers, for reguiltr
terms of service, shall be held on the third
Tuesday of February. .
Sec. 4. All elections by the citizens shrill
be by ballot. Every ballot voted shall be
numbered in the order in which it shall be
received, and the nufhber recorded by the
election officers on the list of voters, oppo
site the name of the elet-tor who presents
the ballot. Any ele ct or may vvrite his name
i
upon' his ticket, or Ruse the same tiobe
written thereon andattested by a citizen of
the distiiet. 'The el clime officers shall be
t
sworn or affirmed mit to disclose bow any
elector shall have voted unless required to -
do so as'eitnesses in ajudieial proceeding.
Si C. 5. Electors shall in all cases except
trees, n, felony, and ,breach or surety of the.
pence, be privileved from arrest during their
attendance on elections and In going to and
returning therefrom.
SEC. i. '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 Commonwealth,
such electors may exercise the right of :suf
frage id all elections, by the citizens, under
such regulations as tire or shaillie prescribed
by law, as fully as if they were present at
their usual places of,election.
• SEc. 7. All jaws regulating the bolding of
elections by the citizens or for the registra
tion of electors shall be uniform throUgh
out the State, but no elector shall he de
leaved of the privilege of voting- by reason,
of his name not being registefttd.° •
SEC. 8. An person who shall give, or
promise or offer to give to an. elector, any
money, reward, or other valuable consider
ation 'for his vote at an election, or for with
holding the same; or who shall give or prome
ise to give such consideration to any other
person or part-c 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 fir lila. vote _
at au election, or for withholding thersame o -
shall thereby forfeit the right to votekit such election: and any elector whose right to _
vote shall be challenged for such cause bee fore the election officers shall be require - 411o' ,
swear or aflin - rt that the matter of the chat , :
lenge is unfree beforebis vote shall be re:- !
ceived.
SEC. 0. Any person who shall, while a
candidate for office, .be guilty of bribery, - Y
fraud, or willful violation et any election ,I
law, shall be forever disqualified from. hold, It
ing an 'Oleo of trust or profit in this Com , if
monweithb; and any person convicted of -.-`
willful violation ofl the election laws shall, -
in addition 'to any 'penalties provided by - -
luxe, he deprixed of the right of, suffrage ab-.
sulittely far eterm of four years. .
_.
Sec. 10. In trials. of contested elteetione,
and in proceedings for the investigation of
elections, no person . shall be permitted to
‘vithhold his testimony upon the groutet
that it may ctiminete himself orsubjectiffre
to public infamy; but such testimony shall
net elite' NI lade ho 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 W the city ',or county in
Ni hlOl the same are located. Way direct; but
districts in cities of over one hundred thou
sand inbableents shall be divided by the
Courts of Quarter Sessions having jurisdic
tion therein whenever at the next preceding
election more than two hundred and fifty
1 votes shall have been polled therein; and
other election districts vhenever the court
lof the proper county shall be of opinion
that the convenience of the electors andthe
public interests will be promoted thereby.
Smd, 12. Allt elections by persona in a rep
! rese6t at i,ve capacity shall , be vrv&vbcz.
Svc. 13. For the purpose of voting, no
put ;on shall be deemed to have gained `e
residence by reason of his presence, or lost
it by reason of hie absence while employed
in the service, either civil or military, of
thi4 State or of the United States, not while
,eti - , , zaged in tlie navigation of the waters of
the State or of the United States, or on the
high seasi nor while a student of tiny Ansti
anion of learning, nor while kept In any
poor (muse or other asylum: at public ex
petite, nor while eonfined in public prison.
Si o. Nl_ District election boards shall
consist of a judge and two Inspectors, who
shall he chosen annually by the citizens.—
Each elector shall bade 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 diatalet shall be
selected and viicencies in election boards
tilled as A/MU he provided bylaw. Election
oiliCers shall be privileged from ariest pon
days of election and while engaged in- ak
in
big up and transmitting returns, 'wen up
on .warrant of a-court of record or Judge
thereof fur nu election fraud, for felony, or
for wanton breach .of the peep. ItCcitiest
t hey may claim exeinption trod' jury : duty
during their terms of service. , r
'640. 15. No 'person- aheil_bie qualified- to'
serve as an electign.Offfeer.w.ho,, shill -;hold,
or shall etilltinto months: have.. heldi any
office, appoluttnent; or 'employment in. et'
under the Government of 4heNnited BMW),
or of this State, or of any city_ or . county;
or of - any municipal board, commission, or
trust• in any city, save only, litstices of the
peace and aldermen, notaries.-public, and
persdns in the militia service of the State,;_,
.new shall any election oilleer .6e eligible' to .
any civil offiee to be filled-'et iiikelection at,
Which he shall serve, stive:CitilV tOlitieWsub
ordinate tilunicrpal or ItiCal'oftetiebelciii the
grade of city or countroffieee 4i3 Shill -be
designated by geperal law-. , • o'' , - - ' - '
. Sec. 15. Thu Courts of t2oninioii Phis or
the several Counties it ilin.ComMotiviettlth.'
hall have power within their respective ju,_
riudict ions to aPpotat Overseers of election
L to supervise the:proceedings oteleetton of