to apply for it the profits ought to be lessened by the Legislature. SECT. 37. The future Legislature of this State shall regulate entails in such manner as to prevent perpetuities. SECT. 38. The penal laws as heretofore used shall be reformed by the future Legislature of this State as soon as may be, and punishments made in some cases less than sanguinary, and in general more proportionate to the crimes. SECT. 39. To deter more effectually from the commission of crimes by continued visible punishment of long duration, and to make sanguinary punish⚫ ments less necessary, houses ought to be provided for punishing by hard labor those who shall be convicted of crimes not capital, wherein the criminals shall be employed for the benefit of the public, or for reperation of injuries done to private persons. And all persons at proper times shall be admitted to see the prisoners at their labor. SECT. 40. Every officer, whether judicial, executive or military in authority under this Commonwealth, shall take the following oath or affirmation of allegiance and general oath of office before he enter on the execution of his office: THE OATH OR AFFIRMATION OF ALLEGIANCE. I, do swear (or affirm) that I will be true and faithful to the Commonwealth of Pennsylvania: and that I will not directly or indirectly, do any act or thing prejudicial or injurious to the Constitution or government thereof as established by the Convention. I, THE OATH OR AFFIRMATION OF OFFICE. do swear (or affirm) that I will for the faithfully execute the office of of and I will do equal right and justice to all men to the best of my judgment and abilities according to law. SECT. 41. No public tax, custom or contribution shall be imposed upon or paid by the people of this State, except by law for that purpose; and before any law be made for raising it, the purpose for which any tax is to be raised, ought to appear clearly to the Legislature to be of more services to the community than the money would be, if not collected which being well observed, taxes can never be burthens. SECT. 42. Every foreigner of good character who comes to settle in this State, having first taken an oath or affirmation of allegiance to the same, may purchase, or by other just means acquire, hold and transfer land or other real estate, and after one year's residence, shall be deemed a free denizen thereof, and entitled to all the rights of a natural born subject of this State, except that he shall not be capable of being elected a Representative until after two years' residence. SECT. 43. The inhabitants of this State shall have liberty to fowl and hunt in seasonable times on the lands they hold, and on all other lands therein not inclosed, and in like manner to fish in all boatable waters and others not private property. SECT. 44. A school or schools shall be established in each county by the Legislature for the convenient instruction of youth, with such salaries to the masters paid by the public as may enable them to instruct youth at low prices; and all useful learn-ing shall be duly encouraged and promoted in one; or more universities. SECT. 45. Laws for the encouragement of virtue and prevention of vice and immorallity, shall be made and constantly kept in force, and provision shall be made for their due execution; and all religious socitieseor bodies of men heretofore united or incorporated for the advancement of religion and learning, or for other pious and charitable purposes, shall be encouraged and protected in the enjoyment of the privileges, immunities and estates which they were accustomed to enjoy or could of right have enjoyed under the laws and former Constitution of this State. SECT. 46. The declaration of rights is hereby declared to be a part of the Constitution of this Commonwealth, and ought never be violated on any pretense whatever. SECT. 47. In order that the freedom of this commonwealth may be preserved inviolate forever there shall be chosen, by ballot, by the freemen in each city and county respectively, on the second Tuesday in October, the year one thousand seven hundred and eighty-three, and on the second Tuesday in October, in every seventh year thereafter, two persons in each city and county of this State to be called THE COUNCIL OF CENSORS, who shall meet together on the second Monday of November next ensuing their election; the majority of whom shall be a quorum in every case, except as to calling a Convention, in which two-thirds of the whole number elected shall agree, and whose duty it shall be to inquire whether the Constitution has been preserved inviolate in every part; and whether the legislative and executive branches of government have performed their duty as guardians of the people, or assumed to themselves or exercised other or greater powers than they are entitled to by the Constitution; they are also to inquire whether the public taxes have been justly laid and collected in all parts of this Commonwealth, in what manner the public moneys have been disposed of, and whether the laws have been duly executed; for these purposes they shall have power to send for persons, papers and records; they shall have authority to pass public censures, to order impeachments, and to recommend to the Legislature the repealing such laws as appear to them to have been enacted contrary to the principles of the Constitution. These powers they shall continue to have for and during the space of one year from the day of their election and no longer. The said council of censors shall also have power to call a Convention, to meet within two years after their sitting if there appear to them an absolute necessity of amending any article of the Constitution which may be defective, explaining such as may be thought not clearly expressed, and of adding such as are necessary for the preservation of the rights and happiness of the people; but the articles to be amended and the amendments proposed, and such articles as are proposed to be added or abolished, shall be promulgated at least six months before the day appointed for the election of such Convention for the previous consideration of the people, that they may have an opportunity of instructing their delegates on the subject. On motion, Ordered, That the president and every member of this Convention present do sign the same, which was accordingly done by the following members of the Convention : James Cannon, PHILADELPHIA CO. Robert Loller, BUCKS COUNTY. John Wilkinson, John Keller, William Vanhorn, John Grier, Abr. Van Middleswarts, CHESTER COUNTY. Benjamin Bartholomew, Samuel Cunningham, CUMBERLAND COUNTY. John Harris, BERKS COUNTY. Jacob Morgan, NORTHAMPTON COUNTY. Simon Driesbach, Peter Burkholder, Neigal Gray, John Ralston. |