member of the gentral affembly, or delegate in congrefs, fhall be chofen a member of the council. The prefident and viceprefident fhall be chofen annually, by the joint ballot of the general affembly and council, of the members of the council. Any perfon having ferved as a counsellor for three fucceffive years, fhall be incapable of holding that office for four years afterwards. Every member of the council fhall be a juftice of the peace for the whole commonwealth, by virtue of his office. In cafe new additional counties inall hereafter be erected in this ftate, fuch county or counties fhall elect a counsellor, and fuch county or counties fhall be annexed to the next neighbouring counties, and fhall take rotation, with fuch

counties.

The council fhall meet annually, at the fame time and place with the general flembly.

The treasurer of the state, trustees of the loan office, naval officers, collectors of cuftoms or excife, judge of the admiralty attornies-general, fheriffs and prothonotaries, fhall not be capable of a feat in the general affembly, executive council, or continental congrefs.

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Sect. 20. The prefident, and in his abfence the vice-preíident with the council, five of whom fhall be a quorum, fhall have power to appoint and commiffionate judges, naval officers, judge of the admiralty, attorney general, and all other officers, civil and military, except fuch as are chofen by the general affembly, or the people, agreeable to this frame of vernment, and the laws that may be made hereafter; and shall fupply every vacancy, in any office, occafioned by death, refignation, removal, or difqualification, until the office can be filled in the time and manner directed by a law or this conftitution. They are to correfpond with other ftates, and tranfact business with the officers of government, civil and military; and to prepare fuch business as may appear to them neceffary, to lay before the general affembly. They shall fit as judges to hear and determine on impeachments, taking to their affiftance, for advice only, the juftices of the fupreme court. And fhall have power to grant pardons, and remit fines, in all cafes whatfoever, except in cafes of impeachment; and in cafes of treafon and murder, fhall have power to grant reprieves, but not to pardon, until the end of the next feffions of affembly; but there fhall be no remiffion or mitigation of punishments on impeachments, except by act of the legislature; they are alfo to take care that the laws be faithfully executed; they are to expedite the execution of fuch measures as may be refolved upon by the general affembly; and they may draw upon the treafury for fuch fums as fhall be appropriated by the houfe: they may alfo lay embargoes, or prohibit the exportarion of any commodity, for any time,

M 2

not

not exceeding thirty days, in the recefs of the houfe only: They may grant fuch licences as fhall be directed by Taw and hall have power to call together the general affembly when neceffary, before the day to which they fhall ftand adjourn ed. The prefident fhall be commander in chief of the forces of the ftate, but fhall not command in perfon, except advifed thereto by the council, and then only fo long as they, fhall approve thereof. The prefident and council fhall have a fecretary, and keep fair books of their proceedings, wherein any counsellor may enter his diffent, with his reafons in fup'port of it.

Sect. 21. All commiffions fhall be in the name, and by the authority of the freemen of the commonwealth of Pennfylvania, fealed with the ftate feal, figned by the prefident or vice-prefident, and attefted by the fecretary; which feal shall be kept by the council.

Sect. 22. Every officer of ftate, whether judicial, or executive, fhall be liable to be impeached by the general affembly, either when in the office, or after his refignation, or removal for mal-administration: All impeachments fhall be before the prefident or vice-prefident and council, who thall hear and determine the fame.

Sect. 23. The judges of the fupreme court of judicature fhall have fixed falaries, be commiffioned for feven years only, though capable of re-appointment at the end of that term, but removeable for mifbehaviour at any time by the general affembly; they fhall not be allowed to fit as members in the continental congrefs, executive council, or general affembly, nor to hold any other office civil or military; nor to take or receive fees or perquifites of any kind.

Sect. 24. The fupreme court, and the feveral courts of common pleas of this commonwealth, fhall, befides the powers ufually exercifed by fuch courts, have the powers of a court of chancery, fo far as relates to the perpetuating teftimony, obtaining evidence from places not within this ftate, and the care of the perfons and eftates of those who are non compotes mentis, and fuch other powers as may be found neceffary by future general affemblies, not inconfiftent with this conftitution.

Sect. 25. Trials fhall be by jury as heretofore: And it is recommended to the legislature of this ftate to provide by law against every corruption or partiality in the choice, return, or appointment of juries."

Sect. 26. Courts of feffions, con mon pleas, and orphans courts fhall be held quarterly in each city and county; and legiflature fhall have power to eftablish all fuch other courts as they may judge for the good of the inhabitants of the state. All courts fhall be open, and juftice fall be impartially adminiftered, without corruption or unneceffary delay: All their

officers

officers fhall be

for their fervices: And if guate but compenfation

moderate any fhall take

or

fees than the laws allow him, either directly or indirectly, it fhall ever after difqualify him from holding any office in this ftate."

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Sect. 27. All profecutions fhall commence in the name and by the authority of the freemen of the commonwealth of Pennfylvania; and all indictments fhall concludé with thefe words, Again the peace and dignity of the fame." The ftyle of all procefs hereafter in this ftate fhall be, The commonwealth of Pennfylvania,

Sect. 28. The perfon of a debtor, where there is not a ftrong prefumption of fraud, fhall not be continued in prifon, after delivering up, bona fide, all his eftate real and perfonal, for the ufe of his creditors, in fuch manner as fhall be hereafter regulated by law. All prifoners fhall be bailable by fufficient fureties, unless for capital offences, when the proof is evident, or prefumption great.

Sect. 29. Exceffive bail fhall not be exacted for bailable of fences: And all fines fhall be moderate,

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Sect. 30. Juftices of the peace fhall be elected by the freeholders of each city and county refpectively, that is to fay, two or more perfons may be chofen for each ward, township, or diftrict, as the law fhall hereafter direct: And their names fhall be returned to the prefident in council, who fhall commiffionate one or more of them for each ward, township, or diftrict fo returning, for feven years, removable for misconduct by the general affembly: But if any city or county, ward, township, or district in this commonwealth, fhall hereafter incline to change the manner of appointing their juftices of the peace, as fettled in this article, the general affembly may make laws to regulate the fame, agreeable to the defire of a majority of the freeholders of the city or county, ward, township, or diftrict fo applying. No juftice of the peace fhall fit in the general affembly, unless he firft refign his commiffion, nor fhall he be allowed to take any fees, nor any falary or allowance, except fuch as the future legislature may grant.

103

Sect. 31. Sheriffs and coroners fhall be elected annually in each city and county, by the freemen; that is to fay, two perfons for each office, one of whom for each, is to be commiffioned by the prefident in council. No perfon fhall continue in the office of theriff more than three fucceffive years, or be capable of being again elected during four years, afterwards. The election fhall be held at the fame time and place appointed for the election of representatives; And the commiffioners and affeffors, and other officers chofen by the people, fhall alfo be then and there elected, as has been ufual heretofore, until altered

altered or otherwife regulated by the future legiflature of this ftate.

Sect. 32. All elections, whether by the people or in general affembly, fhall be by ballot, free and voluntary: And any elector, who fhall receive any gift or reward for his vote, in meat, drink, monies, or otherwife, fhall forfeit his right to elect for that time, and fuffer fuch other penalty as future laws fhall direct. And any perfon who fhall directly or indirectly give, promife, or beftow any fuch rewards to be elected, shall be thereby rendered incapable to ferve for the enfuing year.

Sect. 33. All fees, licence money, fines, and forfeitures heretofore granted, or paid to the governor, or his deputies for the fupport of government, fhall hereafter be paid into the public treafury, unless altered or abolished by the future legifla

ture.

Sect. 34. A register's office for the probate of wills, and granting letters of adminiftration, and an office for the recording of deeds, fhall be kept in each city and county: The officers to be appointed by the general affembly, removeable at their pleasure, and to be commiffioned by the prefident in council.

Sect. 35. The printing preffes fhall be free to every perfon who undertakes to examine the proceedings of the legislature, or any part of government.

Sect. 36. As every freeman to preferve his independence (if without a fufficient eftate) ought to have fome profeffion, calling, trade or farm, whereby he may honeftly fubfift, there can be no neceffity for, nor ufe in establishing offices of profit; the ufual effects, of which are dependence and fervility, unbe coming freemen, in the poffeffors and expectants; faction, contention, corruption, and diforder among the people. But if any man is called into public fervice, to the prejudice of his private affairs, he has a right to a reasonable compenfation: And whenever an office, through increase of fees, or otherwife, becomes fo profitable as to occafion many to apply for it, the profits ought to be leffened by the legislature.

Sect. 37. The future legiflature of this ftate, fhall regulate entails in fuch a manner as to prevent perpetuities.

Sect. 38. The penal laws as heretofore ufed, fhall be reformed by the legislature of this ftate, as foon as may be, and punishments made in fome cafes lefs fanguinary, and in general more proportionate to the crimes.

Sect. 39. To deter more effectually from the commiffion of crimes, by continual visible punishment of long duration, and to make fanguinary punishments lefs neceffary, houfes ought to be provided for punishing by hard labour, those who shall be convicted of crimes not capital; wherein the criminals fhall be employed for the benefit of the public, or for reparation of

injuries

injuries done to private perfons; And all perfons at proper times Thall be admitted to lee the prifoners at their labour.

Sect. 40. Every officer, whether judicial, executive, or mi litary, in authority under this commonwealth, thall 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 fwear for 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 conftitution or government thereof, as eftablished by the convention." The oath or affirmation of office." I <dofwear (or affirm) That I will faithfully execute the office of for the of

and will do equal right and juftice to all men to the beft of my judgment and abilities, according to law."

Sect. 41. No public tax, cuftom, or contribution fhall be impofed upon, or paid by the people of this ftate, except by a law for that purpose, And before any law be made for railing it, the purpose for which any tax is to be raised ought to appear clearly to the legislature to be of more service to the community than the money would be, if not collected; which being well obferved, taxes can never be burdens.

Sect. 42. Every foreigner of good character, who comes to fettle in this ftate, having firft taken an oath or affirmation of allegiance to the fame, may purchase, or by other just means acquire, hold, and transfer land or other real eftate; and after one year's refidence fhall be deemed a free denizen thereof, and intitled to all the rights of a natural born fubject of this state, except that he fhall not be capable of being elected a reprefentative, until after two years refidence.

Sect. 43. The inhabitants of this ftate fhall have liberty to fowl and hunt in feasonable times on the lands they hold, and on all other lands therein, not inclofed; and in like manner to fifh in all boatable waters, and others, not private property.

Sect. 44. A fchool or fchools fhall be eftablifhed in each county by the legislature, for the convenient inftruction of youth, with fuch falaries to the mafters paid by the public, as may enable them to inftruct youth at low prices! And all useful learning fhall be duly encouraged and promoted in one or more universities.

Sect. 45. Laws for the encouragement of virtue, and pres vention of vice and immorality, fhall be made and conftantly kept in force, and provifion fhall be made for their due execution: And all religious focieties or 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 eftates which they were accuftomed to enjoy,

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