by which likewise it shall be re-confidered; and if approved by two thirds of that house, it shall be a law. But in fuch cases, the votes of both houses shall be determined by yeas and nays; and the names of the perfons voting for or against the bill shall be entered on the journals of each houfe refpectively. If any bill fhall not be returned by the governor within ten days, Sundays excepted, after it fhall have been presented to him, it shall be a law, in like manner as if he had figned it, unless the general Affembly, by their adjour ment, prevent its return; in which cafe it fhall be a law, unlefs fent back within three days after their next meeting.

XXIII. Every order, refolution or vote, to which the concurrence of both houses may be neceffary, except on a question of adjourn ment, shall be prefented to the governor; and, before it shall take effect, be approved by him; or, being disapproved, shall be re-paffed by two-thirds of both houfes, according to the rules and limitations prefcribed in cafe of a bill.

ARTICLE II.

I. The fupreme executive power of this commonwealth fhall be vested in a governor.

II. The governor shall be chosen on the second Tuesday of Octo ber by the citizens of the commonwealth, at the places where they fall refpectively vote for reprefentatives. The returns of every election for governor fhall be fealed up, and tranfmitted to the feat of government, directed to the speaker of the senate, who shall open and publish them in the prefence of the members of both houfes of the legislature. The perfon having the highest number of votes fhall be governor. But if two or more shall be equal and highest in votes, one of them shall be chofen governor, by the joint vote of the members of both houses. Contested elections fhall be deter mined by a committee, to be selected from both houfes of the le giflature, formed and regulated in fuch manner as fhall be directed by law.

III. The governor shall hold his office during three years from the third Tuesday of December next ensuing his election; and fhall not be capable of holding it longer than nine in any term of twelve years.

IV. He fhall be at least thirty years of age, and have been a citizen

and inhabitant of this State feven years next before his election; un

lefs

lefs he fhall have been abfent on the public business of the United States, or of this State.

V. No member of Congrefs, or perfon holding any office under the United States, or this State, shall exercise the office of

governor.

VI. The governor fhall, at ftated times, receive for his fervices a compenfation, which fhall be neither increased nor diminished during the period for which he shall have been elected.

VII. He fhall be commander in chief of the army and navy of this commonwealth, and of the militia; except when they shall be called into the actual service of the United States.

VIII, He fhall appoint all officers, whofe offices are established by this constitution, or shall be established by law, and whofe appointments are not herein otherwise provided for; but no person shall be appointed to an office within any county, who fhall not have been a citizen and inhabitant therein one year next before his appointment, if the county shall have been so long erected; but if it shall not have been fo long erected, then within the limits of the county or counties out of which it fhall have been taken. No member of Congress from this State, nor any person holding or exercising any office of trust or profit under the United States, shall, at the same time, hold or exercife the office of judge, fecretary, treasurer, prothonotary, register of wills, recorder of deeds, fheriff, or any office in this State, to which a falary is by law annexed, or any other office which future legiflatures fhall declare incompatible with offices or appointments under the United States.

IX. He shall have power to remit fines and forfeitures, and grant reprieves and pardons, except in cafes of impeachment.

X. He may require information, in writing, from the officers in the executive department, upon any subject relating to the duties of their respective offices.

XI. He fhall, from time to time, give to the general Affembly information of the ftate of the commonwealth, and recommend to their confideration fuch measures as he fhall judge expedient.

XII. He may, on extraordinary occafions, convene the general Affembly; and, in cafe of disagreement between the two houfes with respect to the time of adjournment, adjourn them to fuch time as he fhall think proper, not exceeding four months.

XIII. He fhall take care that the laws be faithfully executed. XIV. In cafe of the death or refignation of the governor, or of his removal from office, the speaker of the fenate shall exercise the

office of governor, until another governor fhall be duly qualified. And if the trial of a contefted election fhall continue longer than until the third Tuefday in December next enfuing the election of a governor, the governor of the last year, or the speaker of the senate, who may be in the exercife of the executive authority, shall continue therein until the determination of such contested election, and until a governor shall be qualified as aforesaid.

XV. A fecretary fhall be appointed and commiffioned during the governor's continuance in office, if he fhall fo long behave himself well. He fhall keep a fair register of all the official acts and proceedings of the governor, and fhall, when required, lay the fame, and all papers, minutes and vouchers relative thereto, before either branch of the legislature; and fhall perform fuch other duties as shall be enjoined him by law.

ARTICLE III,

I. In elections by the citizens, every freeman of the age of twentyone years, having refided in the State two years next before the election, and within that time paid a State or county tax, which fhall have been affeffed at least fix months before the election, shall enjoy the rights of an elector; provided, that the fons of perfons qualified as aforefaid, between the ages of twenty-one and twentytwo years, fhall be entitled to vote, although they shall not have paid taxes.

II. All elections fhall be by ballot, except thofe by perfons in their reprefentative capacities, who fhall vote viva voce.

III. Electors fhall, in all cafes, except treason, felony, and breach or furety of the peace, be privileged from arreft during their attendance at elections, and in going to and returning from them,

ARTICLE IV,

I. The house of reprefentatives fhall have the fole power of impeaching.

II. All impeachments fhall be tried by the fenate. When fitting for that purpose, the fenators fhall be upon oath or affirmation. No perfon fhall be convicted without the concurrence of two-thirds of the members prefent.

III. The governor, and all other civil officers, under this com monwealth, fhall be liable to impeachment for any, misdemeanor in office: but judgment, in fuch cafes, fhall not extend farther than

to

:6

to removal from office, and difqualification to hold any office of honour, truft or profit, under this commonwealth. The party, whether convicted or acquitted, shall nevertheless be liable to indictment, trial, judgment and punishment according to law.

ARTICLE V.

I. The judicial power of this commonwealth fhall be vested in a fupreme court, in courts of oyer and terminer and general jail delivery, in a court of common pleas, orphans' court, regifters' courts, and a court of quarter feffions of the peace for each county, in justices of the peace, and fuch other courts as the legislature may, from time to time, establish.

II. The judges of the fupreme court, and of the several courts of common pleas, shall hold their offices during good behaviour; but for any reasonable cause, which shall not be sufficient ground of impeachment, the governor may remove any of them, on the addrefs of two-thirds of each branch of the legislature. The judges of the fupreme court, and the presidents of the several courts of common pleas, fhall, at ftated times, receive for their fervices an adequate compenfation, to be fixed by law, which fhall not be diminished during their continuance in office; but they fhall receive no fees or perquifites of office, nor hold any other office of profit under this commonwealth.

III. The jurisdiction of the fupreme court fhall extend over the State; and the judges thereof fhall, by virtue of their offices, be justices of oyer and terminer and general jail delivery in the feveral

counties.

IV. Until it fhall be otherwise directed by law, the feveral courts of common pleas fhall be established in the following manner: The governor fhall appoint, in each county, not fewer than three, nor more than four judges, who, during their continuance in office, fhall refide in fuch county. The State shall be divided by law into eircuits, none of which fhall include more than fix, nor fewer than three counties. A prefident shall be appointed of the courts in each circuit, who, during his continuance in office, fhall refide therein. The prefident and judges, any two of whom thall be a quorum, hall compofe the refpective courts of common pleas.

V. The judges of the court of common pleas, in each county, hall, by virtue of their offices, be juftices of oyer and terminer and general jail delivery, for the trial of capital and other offenders therein;

any

any two of the faid judges, the prefident being one, fhall be a quo rum; but they fhall not hold a court of oyer and terminer or jaik. delivery in any county, when the judges of the fupreme court, of any of them, fhall be fitting in the fame county. The party accufed, as well as the commonwealth, may, under fuch regulations as fall be prefcribed by law, remove the indictment and proceedings, or a tranfcript thereof, into the fupreme court.

VI. The fupreme court and the feveral courts of common pleas fhall, befide the powers heretofore ufually exercised by them, have the powers of a court of chancery, fo far as relates to the perpetuating teftimony, the obtaining of evidence from places not within the State, and the care of the perfons and estates of those who are non compotes mentis; and the legislature fhall veft in the faid courts fuch other powers, to grant relief in equity, as fhall be found neceffary; and may, from time to time, enlarge or diminish those powers, or veft them in fuch other courts as they fhall judge proper, for the due administration of justice.

VII. The judges of the court of common pleas of each county, any two of whom shall be a quorum, fhall compose the court of quarter feffions of the peace and orphans' court thereof; and the regifter of wills, together with the faid judges, or any two of them, fhall compofe the register's court of each county.

VIII. The judges of the courts of common pleas fhall, within their respective counties, have the like powers with the judges of the fupreme court, to iffue writs of certiorari to the justices of the peace, and to caufe their proceedings to be brought before them, and the like right and juftice to be done.

IX. The prefident of the court in each circuit, within fuch circuit, and the judges of the court of common pleas, within their refpective counties, fhall be juftices of the peace fo far as relates to criminal matters.

the

X. The governor shall appoint a competent number of justices of peace, in fuch convenient diftricts in each county, as are or shall be directed by law; they fhall be commiffioned during good behaviour, but may be removed on conviction of misbehaviour in office, or of any infamous crime, or on the address of both houses of the legiflature.

XI. A regifter's office for the probate of wills and granting letters of administration, and an office for the recording of deeds, fhall be kept in each county.

XII. The