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cure the necessary funds to complete the great scheme proposition-presuming they have already some inforof internal improvement cannot fail to be a source of mation which would be useful and interesting on the regret to every Pennsylvanian, and of mortification to

every friend to the interests of Philadelphia. It is not subjects referred to in the notice. Can any of them innecessary, at this time, to advert to the cause of the fail-form us, where Wm. Penn proposed to found a city on ure to procure funds, as we believe that the citizens the Susquehanna in 1690, agreeably to the plan which generally, as well in the interior as in the city, are pretty we published in our first vol. page 400? well informed on the subject.

As connected with this subject, we copy a circular addressed by James Clarke, Esq. one of the acting canal commissioners to the contractors on the Juniata di

vision of the canal.

The formation of Antiquarian Societies is recommen ded by a number of gentlemen in this section of cour try, for the purpose of ascertaining the facts relating to the first settlements along the Susquehanna, and hav

To the Contractors on the Juniata Division of the Penn-ing them published. Societies might be formed in Dau

sylvania Canal.

In justice to you, and the public, I have thought it necessary to publish the following Circular, which I have just received from the Commissioners of the Internal Improvement fund.-It informs us of a fact, which although expected, is nevertheless exceedingly unpleasant in the midst of active operations.

On the old line of 45 miles, from this place, to Duncan's Island, it has been calculated to commence letting the water into the canal within a few days, while the two dams on the Juniata, and the river locks connected with them, are undergoing an effectual repair. All of which it is confidently believed would be completed and ready for active use this season. How far the following communication may postpone our anticipations cannot now be foreseen: But no effort, or reasonable accommodation, shall be wanting on my part to have the whole work on the lower part completed.

Conceiving it necessary to inform the contractors on the upper line, between this place and Huntingdon, that as the funds provided by the Legislature, for canal and rail road purposes are exhausted, and as there is now ne unappropriated funds to draw upon,even by anticipation, there will therefore be no certificates for work done, is. sued hereafter. But it is my most earnest desire, that those contractors who have the means of prosecuting their jobs, may continue the work without relaxing their efforts; as there can be no doubt, but that the Legisla

ture of Pennsylvania will immediately after it is convened, provide funds for sustaining the credit of the commonwealth, by paying the contracts which have been entered into agreeably to law, and prosecuting the public works now begun to completion.

Juniata Canal Office,

JAMES CLARKE,
Acting Commissioner.

Lewistown, Sept. 12, 1829.}

CIRCULAR.

James Clarke, Esq. Acting Commissioner Juniata Division Pennsylvania Canal.

Sir-We have thought it proper to inform you that the drafts already made upon the Treasurer of the Canal Commissioners, by the Acting Canal Commissioners and Superintendants of the canals and rail roads, equal the amount of money appropriated at the last session of the legislature, and made applicable to the construction of

canals and rail roads.

Very respectfully, your ob't. serv'ts.
C. BLYTHE.
DAVID MANN,
A. MAHON,
Commissioners of Internal Improvement Fund.
[American Sentinel.

MISCELLANEOUS. We are pleased to see the following notice of an attempt to form societies in the interior for the purpose of collecting and preserving facts relative to the history of the state. We would gladly give their transactions a place in the Register (which was established for the same object), and would be pleased to receive any communications from the gentlemen who have made the

phin, Cumberland, Perry, Northumberland, Union, Columbia, Lycoming, Luzerne, Susquehanna, Bradford and Tioga, who could send delegates once a year to a general convention, (held at some central point) with such information as may be obtained by each society. This has been in contemplation for some time, and we hope to see it prosecuted with vigor in the different counties.

A meeting will shortly be held in this county to take the matter into consideration, when every one interested will be respectfully invited to attend. Susq. Em

HOLCUS BICOLOR.

A Substitute for Chocolate. There is a plant cultivated in Lancaster county Pennsylvania, which is considered an excellent substitute for Chocolate. It is the holcus bicolor of Welldenow, from the seed of which is made a beverage resembling in color, taste, and many other qualities, the common chocolate. The piant is an annual, 8 or 10 feet in height, and resembling the common broom. The holcus bicolor is a native of Persia, and grows well in this country. A single plant will yield seed enough to produce by a seeond year's crop, a sufficiency to furnish a family of six or eight persons for a whole year, with a good and nour ishing beverage, which is supposed to be preferable to tea or coffee. It is thus prepared:-The seed and husks than ground coffee: it is then boiled over a slow fire, are ground in a coffee-mill into grains some-what smallwith a sufficient quantity of milk, and a small piece of butter, until the beverage assumes a chocolate color, which it receives from the husks. The liquor is then strained through gauze and sweetened till palatable.-N. E. Farmer.

A beautiful apple, weighing one pound seven ounces, from the orchard of George Ashbridge, Esq. in this borough, was brought to this office yesterday.-Vil Rec.

Schuylkill Coal-Various opinions appear to be entertained with respect to the quantity of Schuylkill coal that will be sent to market, this season. We cannot dip our pen into futurity and register forthcoming events, but we can form an estimate from existing facts, that will not materially deviate from the actual quantity.The number of tons sent to market amounts to 48,482, which has been at the rate of about 2000 tons per week since the navigation opened, and we have no reason to believe that the weekly quantity will be augmented for the remainder of the season. Taking this for granted, our shipments cannot amount to more than 65,000 tons. The Lehigh Company may send from 18 to 20,000—making in all 85,000 tons. The consumers may rest assured that this will be the whole quantity of coal they can possibly receive from the two places, unless the navigation of both canals remain open until January, which, in the common course of events, is rather problematical. Miner's Journ.

Printed every SATURDAY MORNING by WILLIAM F. GEDDES, No. 59 Locust Street, Philadelphia; where, and at the PUBLICATION OFFICE, IN FRANKLIN PLACE, second

door back of the Post Office, (back room) subscriptions will bu thankfully received. Price FIVE DOLLARS per annum, payable annually by subscribers residing in or near the city, or where there is an agent. Other subscribers pay in advance.

THE

REGISTER OF PENNSYLVANIA.

DEVOTED TO THE PRESERVATION OF EVERY KIND OF USEFUL INFORMATION RESPECTING THE STATE.

VOL. IV.-NO. 14.

EDITED BY SAMUEL HAZARD.

PHILADELPHIA, OCTOBER 3, 1829.

THE CONSTITUTION OF PENNSYLVANIA,

1776.

At a Meeting of the Convention for the State of Pennsylvania, held at the State-house, in the City of Philadelphia, on the 28th day of Sept. 1776.

CHAPTER I.

NO. 92.

A DECLARATION of the RIGHTS of the Inhabitants
of the Commonwealth or State of Pennsylvania.
1st, THAT all men are born equally free and indepen-
dent, and having certain natural, inherent and unalien-
able rights amongst which are the enjoying and defend-
ing life and liberty, a quiring, possessing and protect-
ing property, and pursuing and obtaining happiness and
safety.

WHEREAS all government ought to be instituted and supported for the security and protection of the community as such, and to enable the individuals, who compose it, to enjoy their natural rights and the other blessings which the author of existence has bestowed upon man; and, when ever these great ends of government are not obtained,the people have a right,by common consent, to change it, and take such means as to them may ap pear necessary to promote their safety and happiness. And whereas the inhabitants of this commonwealth have, in consideration of protection only, heretofore acknowledged allegiance to the king of Great Britain, and the said king has not only withdrawn that protection, but commenced and still continues to carry on, with unabated vengeance, a most cruel and unjust war against them, employing therein not only the troops of Great Britain, but foreign mercenaries, savages and slaves, for the avowed purpose of reducing them to a total and abject submission to the despotic domination of the British parliament, with many other acts of tyranny (more fully set 3d, That the people af this state have the sole exforth in the declaration of Congress) whereby all alle-clusive and inherent right of governing and regulating giance and fealty to the said king, and his successors, the internal police of the same. are dissolved and at an end, and all power and authority derived from him ceased in these colonies. And whereas it is absolutely necessary for the welfare and safety of the inhabitants of said colonies, that they be henceforth free and independent states, and that just, permanent and proper forms of government exist in every part of them, derived from, and founded on the authority of the people only, agreeable to the direction of the nonorable American Congress.

2d, That all men have a natural and unalienable right to worship Almighty God according to the dictates of their own consciences and understanding: And that no man ought or of right can be compelled to attend any religious worship, or erect or suppo.t any place of worship, or maintain any ministry, contrary to, or against his own free will and consent: Nor can any man, who acknowledges the Being of a GOD, be justly deprived or abridged of any civil right as a citizen, on account of his religious sentiments, or peculiar mode of religious worship: And that no authority can or ought to be vested in, or assumed by, any power whatever, that shall in any case interfere with, or in any manner controul the right of conscience, in the free exercise of religious worship.

4th, That all power being originally inherent in, and consequently derived from the people; therefore all officers of government, whether legislative or executive, are their trustees and servants, and at all times accountable to them.

5th, That government is, or ought to be, instituted for the common benefit, protection and security of the people, nation or community; and not for the particular emolument or advantage of any single man, family or set of men who are a part only of that community: And that the community hath an indubitable, unalienable and indefeasible right to reform, alter or abolish government in such a manner as shall be by that community judged most conducive to the public weal.

6th, That those who are employed in the legislative and executive business of the state, may be restrained from oppression, the people have a right, at such periods as they may think proper, to reduce their public officers and regular elections. to a private station, and supply the vacancies by certain

WE, the representatives of the freemen of Pennsylvania, in general convention met, for the express purpose of framing such a government, confessing the goodness of the great governor of the universe, (who alone knows to what degree of earthly happiness mankind may attain, by perfecting the arts of government) in permitting the people of this state, by common consent, and without violence, deliberately to form for themselves such just rules as they shall think best for governing their future society; and being fully convinced that it is our indispensable duty to establish such original principles of government as will best promote the general happiness of the people of this state and their posterity, 7th, That all elections ought to be free; and that all and provide for future improvements, without partiality free men having a sufficient evident common interest for or prejudice against any particular class, sect or de- with, and attachment to the community, have a right to nomination of men whatsoever, do, by virtue of the au-elect officers, or be elected into office. thority vested in us by our constituents, ordain, declare 8th, That every member of society hath a right to be and establish the following declaration of rights and protected in the enjoyment of life, liberty and property, frame of government, to be the constitution of this com- and therefore is bound to contribute his proportion tomonwealth, and to remain in force therein forever, un- wards the expense of that protection, and yield his peraltered, except in such articles as shall hereafter, on ex-sonal service, when necessary, or an equivalent thereto. perience, be found to require improvement, and which But no part of a man's property can be justly taken shall, by the same authority of the people fairly delegat-from him, or applied to public uses, without his own ed, as this frame of government directs, be amended or improved for the more effectual obtaining and securing the great end and design of all goverument herein before mentioned.

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consent, or that of his legal representatives: Nor can any man who is conscientiously scrupulous of bear ng arms, be justly compelled thereunto, if he will pay such equivalent: Nor are the people bound by any laws, but

such as they have in like manner assented to, for their one years, having resided in this state for the space of common good.

one wliole year next before the day of election for re• 9th, That in all prosecutions for criminal offences, a presentatives, and paid public taxes during that time, man hath a right to be heard by himself, and his coun- shall enjoy the right of an elector: Provided always, sel, to demand the cause and nature of his accusation, to that sons of freeholders of the age of twenty one years be confronted with the witnesses, to call for evidence shall be entitled to vote, although they baye not paid in his favour, and a speedy public trial, by an impartial taxes. jury of the country, without the unanimous consent of Sect. 7th. The house of representatives of the freewhich jury he cannot be found guilty: Nor can he be men of this commonwealth shall consist of persons most compelled to give evidence against himself: Nor can noted for wisdom and virtue; to be chosen by the free. any man be justly deprived of his liberty, except by the men of every city and county of this commonwealth reslaws of the land, or the judgment of bis peers.

pectively: And no person shall be elected, unless he 10th, That the people have a right to hold themselves, has resided in the ciiy or county for which he shall be their houses, papers and possessions free from search or chosen, two years immediately before the said election; seizure; and the refore, warrants without oaths or affirm- nor shall any member, wbile he continues such, hold ations first made, affording a sufficient foundation for any other office, except in the militia. them, and whereby any officer or messenger may be Sect. 8th. No person shall be capable of being electcommanded or required to search suspected places, or ed a member to serve in the house of representatives to seize any person or persons, his or their property, of the freemen of this commonwealth more than four not particularly described, are contrary to that right, years in seven. and ouglit not to be granted.

Sect. 9th. The members of the house of representa11th, That in controversies respecting property, and tives shall be chosen annually by ballot, by the freemen in suits between man and man, the parties have a right of the commonwealth, on the second Tuesday in Octoto trial by jury, which ought to be held sacred. ber for ever, (except this present year) and shall meet

12th, That the people have a right to freedom of on the fourth Monday of the same month; and shall be speech, and of writing, and publishing their sentiments; styled The general assembly of the representatives of the therefore the freedom of the press ought not to be re- freemen of Pennsylvania, and shall have power to choose strained.

their speaker, the treasurer of the state, and their other 13th, That the people have a right to bear arms for officers; sit on their own adjournments; prepare bills the defence of themselves and the state; and as standing and enact them into laws; judge of the elections and armies,in the time of peace,are dangerous to liberty, they qualifications of their own members; they may expel a ought not to be kept up: And that the military should member, but not a second time for the same cause; they not be kept under strict subordination to, and govern. may administer caths or affirmations on examinations of ed by the civil power.

witnesses; redress grievances; impeaclı state-criminals; 14th, That a frequent recurrence to fundamental prin- grant charters of incorporation; constitute towns, bociples, and a firm adherence to justice, moderation, tem- roughs, cities and counties; and shall have all other perance, industry and frugality, are absolutely necessa- powers necessary for the legislature of a free state or ry to preserve the blessings of liberty, and keep a gov- commonwealth; but they shall have no power to add to, ernment free: The people ought therefore to pay par- alter, abolish or infringe any part of this constitution, ticular attention to these points in the choice of officers Sect. 10th. A quorum of the house of representatives and representatives, and have a right to exact a due shall consist of two-thirds of the whole number of memand constant regard to them, from their legislatures and bers elected; and having met, and chosen their speaker, magistrates in the making and executing such laws as shall each of them, before they proceed to business, are necessary for the good government of the state. take and subscribe, as well the oath or affirmation of fi:

15th, That all men have a natural inherent right to delity and alleg ance herein after directed, as the followemigrate from one state to another that will receive ing oath or affirmation, viz; them, or to form a new state in vacant countries, or in “I

do swear (or affirm) that, as a member such countries as they can purchase, whenever they of this assembly, I will not propose or assent to any bill

, think that thereby they may promote their own happi. yote or resolution, which shall appear to me injurious to

the people, nor do or consent to any act or thing whal. 16th, That the people have a right to assemble togeth- ever, that shall have a tendency to lessen or abridge er, to consult for their common good, to instruct iheir their rights and privileges as declared in the constitu representatives, and to apply to the legislature for redress tion of this state; but will, in all things, conduct myself of grievances, by address, petition or remonstrance. as a faithful honest representative and guardian of the CHAPTER II.

people, according to the best of my judgment and abili.

ties.' Plan or Frame of Government for the Commonwealth or And each member, before he takes bis seat, shall State of Pennsylvania,

make and subscribe the following declaration, viz. Section 1st. The commonwealth or state of Pennsyl “I do believe in one God, the creator and governor of vaniu shall be governed hereafier by an assembly of the the universe, the rewarder of the good and punisher of representatives of the freemen of the same, and a presi- the wicked; and I do acknowledge the scriptures of the ' dent and council, in manner and form following old and new testament to be given by divine inspira

Sect. 2d. The supreme legislative power shall be tion." vested in a house of representatives of the freemen of the And no further or other religious test shall ever here. commonwealth or state of Pennsylvania.

after be required of any civil officer or magistrate in this Sect. 3d. The supreme executive power shall be statę. vested in a president and council.

Sect. 11th. Delegates to represent this state in ConSect. 4. Courts of justice shall be established in the gress, shall be chosen by ballot, by the future general city of Philadelphia, and in every county of this state. assembly, at their first meeting, and annually for ever

Sect. 5th. The freemen of this commonwealth and afterwards, as long as such representation shall be netheir sons shall be trained and armed for its defence, un cessary; any delegate may be superseded at any time der such regulations, restrictions and exceptions, as the by the general assembly, appointing another in his general assembly shall by law direct; preserving always stead; no man shall sit in Congress longer than two to the people the right of choosing their colonels, and years successively, nor be capable of re-election for all commissioned officers under that rank, in such man. three years afterwards: And no person, who holds any ner and as often as by the said laws shall be directed. office in the gift of the Congress, shall hereafter be e

Secl. 6th. Every freeman of the full age of twenty. I lected to represent this commonwealth in Congress

ness.

9

1829.]

CONSTITUTION OF PENNSYLVANIA-1776.

211

council of this state shall consist of twelve persons, chosen in the following manner: The freemen of the city of Philadelphia and of the counties of Philadelphia, Chester and Bucks respectively, shall choose by ballot one person for the city and one for each county aforesaid, to serve for three years and no longer, at the time and place for electing representatives in general assembly. The freemen of the counties of Lancaster, York, Cum

Sect. 12th. If any city or cities, county or counties, shall neglect or refuse to elect and send representatives to the general assembly, two thirds of the members from the cities or counties that do elect and send representatives, provided they be a majority of the cities and counties of the whole state when met, shall have all the powers of the general assembly as fully and amply as if the whole were present. Sect 13th. The doors of the house, in which the re-berland and Berks shall in like manner elect one perpresentatives of the freemen of this state shall sit in general assembly, shall be and remain open for the admission of all persons who behave decently, except only when the welfare of this state may require the doors to

be shut.

Sect. 14th. The votes and proceedings of the general assembly shall be printed weekly, during their sitting, with the yeas and nays on any question, vote or resolution, where any two members require it, except when the vote is taken by ballot; and when the yeas and nays are so taken, every member shall have a right to insert the reasons of his vote, upon the minutes, if he desires it.

Sect. 15th. To the end that laws, before they are enacted, may be more maturely considered, and the inconvenience of hasty determinations as much as possible prevented, all bills of a public nature shall be printed for the consideration of the people, before they are read in general assembly the last time for debate and amend ment; and, except on occasions of sudden necessity, shall not be passed into laws until the next session of assembly; and for the more perfect satisfaction of the public, the reasons and motives for making such laws shall be fully and clearly expressed in the preambles. Sect. 16th. The style of the laws of this commonwealth shall be "Be it enacted, and it is hereby enacted by the representatives of the freemen of the commonwealth of Pennsylvania, in general assembly met, and by the authority of the same." And the general assembly shall affix their seal to every bill, as soon as it is enacted into a law, which seal shall be kept by the assembly, and shall be called "The seal of the laws of Pennsylvania," and shall not be used for any other purpose.

Sect. 17th. The city of Philadelphia, and each county in this commonwealth respectively, shall, on the first Tuesday of November in this present year, and on the second Tuesday in October annually for the two succeeding years, to wit, the year 1777, and the year 1778, choose six persons to represent them in general assembly: But as representation, in proportion to the number of taxable inhabitants. is the only principle which can, at all times, secure liberty, and make the voice of a majority of the people the law of the land, therefore the general assembly shall cause complete lists of the taxable inhabitants, in the city and each county in the commonwealth respectively, to be taken and returned to them on or before the last meeting of the assembly elected in the year one thousand seven hundred and seventy-eight-who shall appoint a representation to each in proportion to the number of taxables in such returns; which representation shall continue for the next seven years afterwards; at the end of which a new return of the taxable inhabitants shall be made, and a representation agreeable thereto appointed by the said assembly, and so on septennially for ever. The wages of the representatives in general assembly, and all other statecharges, shall be paid out of the state treasury.

son for each county respectively, to serve as counsellors' for two years and no longer. And the counties of Northampton, Bedford, Northumberland and Westmoreland respectively, shall in like manner elect one person for each county, to serve as counsellors for one year and no longer. And at the expiration of the time for which each counsellor was chosen to serve, the freemen of the city of Philadelphia and of the several counties in this state respectively, shall elect one person to serve as counsellor for three years and no longer; and so on every third year forever. By this mode of election and continual rotation, more men will be trained to public business, there will in every subsequent year be found in the council a number of persons acquainted with the proceedings of the foregoing years, whereby the business will be more consistently conducted, and moreover the danger of establishing an inconvenient aristocracy wilt be effectually prevented. All vacancies in the council that may happen by death, resignation, or otherwise, shall be filled at the next general election for represen tatives in general assembly, unless a particular election for that purpose shall be sooner appointed by the president and council. No member of the general assembly or delegate in Congress, shall be chosen a member of the council. The president and vice-president shall be chosen annually by the joint ballot of the general assembly and council, by the members of the council. Any person having served as a counsellor for three successive years, shall be incapable of holding that office for four years afterwards. Every member of the councif shall be a justice of the peace for the whole commonwealth by virtue of his office.

In case new additional counties shall hereafter be erected in this state, such county or counties shall elect a counsellor, and such county or counties shall be annexed to the next neighboring counties, and shall take rotation with such counties.

The council shall meet annually, at the same time and place with the general assembly.

The treasurer of the state, trustees of the loan-office, naval-officers, collectors of customs or excise, judge of the admiral y, attornies-general, sheriffs, and prothonotaries, shall not be capable of a seat in the general as sembly, executive council, or Continental Congress,

Sect. 20th. The president, and in his absence the vice-president, with the council, five of whom shall be a quorum, shall have power to appoint and commissionate judges, naval-officers, judge of the admiralty, attorney-general and all other officers, civil and military, except such as are chosen by the general assembly, or the people, agreeable to this frame of government and the laws that may be made hereafter, and shall supply every vacancy in any office occasioned by death, resignation, removal or disqualification, until the office can be filled in the time and manner directed by law or this constitution. They are to correspond with other states, and transact business with the officers of government ciSect. 18th. In order that the freemen of this com-vil and military, and to prepare such business as may monwealth may enjoy the benefit of election as equally as may be until the representation shall commence as directed in the foregoing section, each county at its own choice may be divided into districts, hold elections therein, and elect their representatives in the county and their other elective officers, as shall be hereafter regulated by the general assembly of this state and no inhabitant of this state shall have more than one annual vote at the general election for representatives in assembly.

Sect. 19th. For the present the supreme executive

appear to them necessary to lay before the general assembly. They shall sit as judges to hear and determine on impeachments, taking to their assistance, for advice only, the justices of the supreme court; and shall have power to grant pardons and remit fines in all cases whatsoever, except in cases of impeachment; and in cases of treason and murder, thall have power to grant reprieves,' but not to pardon, until the end of the next sessions of assembly. But there shall be no remission or mitigation of punishment on impeachments, except by act of the legislature. They are also to take care that the laws

be faithfully executed; they are to expedite the execu- Sect. 30th. Justices of the peace shall be elected by tion of such measures as may be resolved upon by the the freeholders of each city and county respectively, that general assembly; and they may draw upon the treasury is to say, two or more persons may be chosen for each for such sums as shall be appropriated by the house. | ward, township or district, as the law shall hereafter diThey may also lay embargoes, or prohibit the exporta- rect. And their names shall be returned to the presition of any commodity, for any time not exceeding thir. dent in council, who shall commissionate one or more of ty days in the recess of the house only. They may grant them for each ward, township or district so returning, such licenses as shall be directed by law; and shall have for seven years, removable for misconduct by the genepower to call together the general assembly when ne ral assembly: Bui if any city or county, ward, township cessary, before the day to which they shall stand adjour- or district in this commonwealth, shall hereafter incline ned. The president shall be commander in chief of the to change the manner of appointing their justices of the forces of the state, but shall not command in person, ex- peace as settled in this article, the general assembly may cept advised thereto by the council, and then only so make laws to regulate the same, agreeable to the desire long as they shall approve thereof. The president and of a majority of the freeholders of the city or county, council shall have a secretary,& keep fair books of their ward, township or district so applying. No justice of proceedings wherein any counsellor may enter his dis the peace shall sit in the general assembly unless he first sent, with his reasons in support of it.

resign his commission, nor shall be be allowed to take Sect, 21 st. All commissions shall be in the name and any fees; nor any salary or allowance except such as the by the authority of the freemen of the commonwealth of future legislature may grant. Pennsylvania, sealed with the state-seal, signed by the Sect. 31st. Sheriffs and coroners shall be elected anpresident or vice-president, and attested by the secreta- nually in each city and county, by the freemen; that is ry; which seal shall be kept by the council.

to say, two persons for each office, one of whom for Sect. 22d. Every officer of state, whether judicial or each, is to be commissioned by the president in council. executive, shall be liable to be impeached by the gene. No person shall continue in the office of sheriff more ral assembly, either when in office, or after his resigna- than three successive years, or be capable of being again tion, or removal for mal-administration. All impeach- elected during four years afterwards. The election shall ments shall be before the president or vice-president be held at the same time and place appointed for the and council, who shall bear and determine the same. election of representatives; and the commissioners and

Sect. 23d. The judges of the supreme court of judi assessors, and other officers chosen by the people, shall cature shall have fised salaries, be commissioned for 7 also be then and there elected, as has been usual here. years only, though capable of re-appointment at the end tofore, until altered or otherwise regulated by the future of that term, but removeable for misbehaviour at any legislature of this state. time by the general assembly;—they shall not be allow- Sect. 32d. All elections, whether by the people or ed to sit as members in the continental Congress, execu: in general assembly, shall be by ballot, free and voluntive council, or general assembly, nor to hold any other tary. And any elector, who shall receive any gift or reoffice civil or military, nor to take or receive fees or per- ward for his vote, in meat, drink, monies or otherwise, quisites of any kind.

shall forfeit his right to elect for that time, and suffer Sect. 24th. The supreme court and the several courts such other penalty as future laws shall direct. And any of common pleas of this commonwealth shall, besides person who shall directly or indirectly give, promise of the powers usually exercised by such courts, have the bestow any such rewards to be elected, shall be there. powers of a court of chancery, so far as relates to the by rendered incapable to serve for the ensuing year. perpetuating testimony, obtaining evidence from places Sect. 33d. All fees,licence money, fines & forfeitures not within this state, and the care of the persons and es heretofore granted, or paid to the governor, or his dep, tates of those who are non compotes mentis, and such oties for the support of government, shall hereafter be other powers as may be found necessary by future gene- paid into the public treasury, unless altered or abolish. ral assemblies, not inconsistent with this constitution. ed by the future legislature.

Sect. 25th. Trials shall be by jury as heretofore. And Sect. 34th. A register's office for the probate of wills it is recommended to the legislature of this state to pro- and granting letters of administration, and an office for vide by law against every corruption or partiality in the the recording of deeds, shall be kept in each city and choice, return, or appointment of juries.

county. The officers to be appointed by the general Sect. 26th. Courts of sessions, common pleas, and assembly, removeable at their pleasure, and to be comorphans courts shall be held quarterly in each city and missioned by the president in council. county; and the legislature shall have power to establish Sect. 35th. The printing presses shall be free to ev. all such other courts as they may judge for the good ofery person who undertakes to examine the procecdings the inhabitants of the state. All courts shall be open, of the legislature, or any part of government. and justice shall be impartially administered without Sect. 36th. As every freeman, to preserve his inde corruption or unnecessary delay. All their officers shall pendence, (if without a sufficient estate) ought to have be paid an adequate but moderate compensation for some profession, calling, trade or farm, whereby he may their services—and if any officer shall take greater or honestly subsist, there can be no necessity for, nor use other fees than the laws allow him, either directly or in- in establishing offices of profit, the usual effects of directly, it shall ever after disqualify him from holding which are dependance and servisity, unbecoming free. any office in this state.

men, in the possessors and expectants; faction, contenSect. 27th. All prosecutions shall commence in the tion, corruption and disorder among the people. But if name and by the authority of the freemen of the common any man is called into public service, to the prejudice wealth of Pennsylvania; and all indictments shall con- of his private affairs, he has a right to a reasonable como clude with these words, “Against the peace and dignity pensation. And whenever an office, through increase of the same.” The style of all process hereafter in this of fees, or otherwise, becomes so profitable as to occastate shall be, The commonwealth of Pennsylvania. sion many to apply for it, the profits ought to be lessen

Sect. 28th. The person of a debtor, where there is ed by the legislature. not a strong presumption of fraud, shall not be continu- Sect. 37th. The future legislature of this state shall ed in prison, after delivering up, bona fide, all his es regulale entails in such a manner as to prevent perpe. tate real and personal, for the use of his creditors, in such tuities. manner as shall be bereafter regulated by law. All priso- Sect. 38th. The penal laws as heretofore used, shall ners shall be bailable by sufficient sureties, unless for be reformed by the future legislature of this state, as capital offences, when the proof is evident or presump- soon as may be, and punishments made in some cases tion great.

less sanguinary, and in general inore proportionate Sect. 29th. Excessive bail shall not be exacted for the crimes. bailable offences; and all fines shall be moderate. Sect. 39th. To deter more effectually from the com

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