Dunlap's Pennsylvania packet , The general advertiser — Philadelphia, Pa., 1776-10-01 00:00:00, page 6

seven hundred and Seventy eight, chufe fix persons to
'represent them in General Assembly. But as Repre
sentation in proportion to the number of taxable inha
bitants 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
fimocaufe compleat lifts of the taxable inhabitants in
the city and each county in the Common Wealth re
fyetively, to be taken and returned to them, on or be
fore the Lit meeting of the Ahembly, elected in the
year one thousand seven hundred and seventy eight,
who (hall appoint a representation to each in propor
tion to the number of taxabks in (uch returns, which
reprefentatioo (hail centinue for the next seven years
afterwards, at the end of which, a new return of the
taxable inhabitants (hall be made, and a representation
agreeable thereto appointed by the said Assembly, and
so on septennially for ever. The wages of the Repre
sentatives in General Assembly, and all other State
charges (hall be paid out of the State Treasury.
SeR. 18. In order that the Freemen of this Com
mon Wealth may enj y the benefit of election as equal
ly asmay be until the rep r efentation (ball commence,
as dire&ed in the foregoing Section, each county at its
own choice, may be divided into diftrifts, hold elec
tions the ein, and eled their Reprefentativts in the
county and their other elective officers, as (hall be here
after regulated by the General Assembly of this State.
And no inhabitant o f this State (hall have more than
one annual vote at the general election for Representa
tives in Assembly.
Se 9. 19 For the present the supreme executive
Council of this State (ball consist of twelve perlons,
chosen in the following manner: The freemen of the
city of Philadelphia and of the counties of Philadelphia,
Chester and Bucks respectively (hall choose by ballot
one pe son for the city and one for each county afore
fad, to serve for three years and no longer, at the
time and place for electing Representatives in General
Assembly. The 'reemen of the counties of Lancaster,
York, V umberla d and Berks (hall in like manner elect
one person for each county refpedively, to serve as Coun
sellors for two yeas and no longer. And the coun ies
of Northampton, Bedford, Northumberland and Weft
moreland respectively, (hall in like manner etd one
person for each county, to serve as Counfellors for
one year and no longer. And at the expiration of the
time for which each Counfellor was ch ten t^ serve, the
freemen of the ci'y of Philadelphia and of the Several
Counties in this Slate refpe&ively (hail eleCt ne person
to le vr as Counfellor for three years and no longer;
and (o on every thi d year forever. By this mode of
election and continual rotation, more men will be train
ed to public business, there will in every subsequent
year be found in the Council a number of persons ac
quainted with the proceedings of the foregoing years,
whe eby the business will be more confidently conduct
ed, and moreover the danger of eftab'ifhing an incon
venient arifticracry will be effectually prevented. All
vacancies in the Council that may happen by death, re
fgnation,or otherwise, Shall be filled at the next general
election for Representatives in General Assembly, unless
a particular election tor that purpose (hall be Sooner ap
pointed by the President and Council. No member
of the General Assembly or Delegate in Congress, th 41
be chosen a member of the Council. The President
aud Vice P^fidenr Shall be choice annually by the
joint ballot of the General Assembly and Council, of
the members of the Council. Any person having ser
ved as a Counfellor for three successive years, Shall be
incapable rs holding that office for four years after
wards. Evey member of the Council Shall be a Justice
of the Peace for the whole Common-Wealth, by vir
tue of his office.
In case new additional counties Shall hereafter be
ereCted in this Stare, Such county er counties Shall eleft
aC funfellor, and Such c< unty or counties Shall be an
nexed to the next neighbouring counties, and Shall
take rotation w^h such counties.
The Council Shall meet annually, at the fame 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 Admiralty, Attornies-General,
Sheriffs and Prothonotaries, (hall not be capable of a
feat in the General Assembly, Executive Council, or
Continental Congress.
Se&. 20. The President, and in his absence the Vice-
President, with the Council, five of whom fhlll be a quo
rum. Shall have power to appoint and commiffionate Judg
es, N^al Officers, Judge of the Admiralty, A^erney Ge
neral and all other officers, civil and military, except fu.h
as are chosen by the General Affembl , or the people, a
greeable 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 difqualifi ation, until the office can be rilled in the
time and manner directed by law or this Constitution.
They are to correspond with other States, ana tranfa&
business with th: fficers of government, civil and milita
ry ; and to prepare such bufiaefs as may appear to them
necessary, to lay before the General Assembly. They
ffiall fit as Judges, to hear and determine on impeach
ments, taking to their assistance, for advice only, the jus
tices 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 ®f treason and mur
der, Shall have power to grant reprieve*, but not to pardon,
until the end of the next fcffions of Allembly; but there
Shall he no remission or mitigation of puaifhment on im
peachments, except by aft of the legislature ; they are also
to take care that the laws be faithfully executed; they are
to expedite the execution of such measures as may be re-
solved upon by the General Assembly; and they may draw
upon the Treasury for inch Sums as that! be appropriated
by the Houle : They may also lay embarg res, or prohibit
the exportation of any commodity, for any time, not ex
ceeding thirty days, in the recess of th? —ufeonly: They
may grant such licences as Shall be Girt'd by law, and
Shall have power to call together the General Assembly
when nt ciliary, before the day to whica they Shall Stand
adjourned. The President Shall be commander in chief of
the forces of the State, but Shall not command in person,
except advised thereto by the Council, and then only so
long as they shall approve thereof. The Frefident and
Council Shall have a Secretary, and keep fair bocks of
their proceedings, wherein any Counfellor may enter his
distent, with his reasons in Support of it.
Sect. 21. All coinnriffions Shall he in the name, and by
the authority of the Freemen of the Common - Wealth of
Pennsylvania, feared with the State Seal, signed by the
Pefident or Vice-President, and atiefted by the Secreta
ry ; which Seal Shall be kept by the Council.
Sect. 22 Every officer of State, whether judicial or ex
ecutive, Shall be liable to be impeached by the General
Assembly, either when in office, or after his resignation,
or removal for raal-adminiftration: All impeachments
Shall be before the President or Vice- President and Coun
cil, who th all hear and determine the fame.
Sect. 23. The judges of the Supreme Court of Judica
ture Shall have fixed Salaries, be commissioned for Seven
years only, though capable of re-appointment at the end
of that term, but removeable for misbehaviour at any time
by the General Affembl y;—they Shall not be allowed to
fit as members in the Continental Congress, Executive
Council, or General Assembly, nor to hold any other of
fice civ 1 or military, nor to take or receive fees or per
quisites of any kind.
Se£l 24. The Supreme Court and these era! Courts of
Common Pleas of this Common- Wealth Sh li, besides the
powers ufuaily exercised by such Cour s, have the p w
ers of a Court of Chancery, so far as relates to the perpe
tuating testimony, 0 taming evidence from place; net
within this State, and the care of the persons and eftats
of those who are non compotes mentis, and such other pow
ers as ma; be found necessary by future General Assem
blies, not inconsistent with this Constitution.
Se& 25. Trials Shall be by Jury, as heretofore: And
it is jecommended to the Legislature cf thi State to pro
vide by law against every corruption or partiality 111 the
choice, eturn, or appointment of juries.
Sect. 26. Courts of Seffi n*, Common Pleas, and Or
phans C urts fhail be held quarterly in each city and
county ; an I the Legislature Shall ha : e power i%tha'\.fh
ail Such other Courts as they may ju ge for the go a of
the inhabitants of the State. All Courts Sh-. 11 be open, nd
justice Shall he impartially admimitmed, ri bout corrupti
on or unnecessary delay : All their < ffi^s fli 11 be pa 0 an
adequate cut moderate compenf tr & f r u%ir service :
And if any offi er Shall take greate or other fees thnthe
laws allow him, either directly or indir 6t!y, it Shall ever
alter d fqualii him from holding any office in ths State.
:ect. 27. All prosecutions Shall commence in the name
and by the authority of the Freemen of the Common-
Wealth of Pe: nf ivania ; and all indidme t Shall con
clude with theic words, “ Against the prate and dignity
of the fame." The stile of all process he eaftei in this
State Shall be, The Common-Wealth 0 Pen Sylvania.
Sect. 28. The person of a debtor, where there is not a
ftr ng presumption of fraud, Shall not be continued in
p, Son, after delivering up, bona fide, all his estate, real
and personal, for the use of his creditors, in fu h manner
as Shall be hereafter regulated by la % All pci oners Sh 11
be bailable by fufficient sureties, unleF for capital offen
ces, when the proof is evident or presumption great.
Sect. 29. Excessive bail fh-.1l not oe exited for bailable
offences, and all fines Shall be moderate.
Sea. 30. Justices of the Peace Shall be elected by the
Freeholders of each city and county refpe& vely, that is
to fay, two or more persons may be chosen for each ward,
township or diHri&, as the law ihall hereafter direct : And
their names Shall be returned to the President in Council,
who Shall commiffionate one or mere of them for each
ward, townflip or diftri& so returning, for Seven years,
removable for mifcondu& by the General Assembly :—
But if any city or county, ward, town Ship or diftri& in
thi Common Weal h, fliall hereafter incline to change
the manner of appointing their Justices of the Peace as
Settled in this article, the General Assembly may make
laws to regulate the fame, agreeable to the define of a
majority of the freeholders of the city or county, ward,
township or dd4p& so applying. No Justice of the Peace
Shall fit in the General Assembly unless he fi:ft resign his
commission, nor Shall he be allowed to take any fees, nor
any salary or allowance except such as the future legisla
ture may grant.
Sea. 31. Sheriffs and Coroners Shall be elected annually
in each city and county, by the Freemen, that is to fay,
two perlons for each office, one of whom for each, is to
be commissioned by the P efident in Council. No pilon
Shall continue in the office of Sheriff more than three fuc
c: ffive years, or be capable of being again ele&ed during
four years afterwards. The election Shall be held at the
fame time and plac appointed for the election of Repre
sentatives: And the Commissioners and Assessors, and
other officers chosen by the people, Sir 11 also be then and
there el Tied, as has been usual heretofore, until altered or
o'herwile regulated by the future legislature or this State.
Sea. 32. All elections, whether by the people or in
G. neral Assembly, Shell be by ballot, free and voluntary:
And any eledor, who Shall receive any gift or reward for
his vote, in meat, drink, monies or otherwise, Shall for
feit his right to ek& for that time, and Suffer such other
penally as future laws Shall direst. And any person who
Shall dire&ly or indirectly give, promise or bestow any
Such rewards to be elected, fhall.be thereby rendered in
capable to serve for the ensuing year.
6^7. 33. All fees, licence money, fines and forfeitures
heretofore granted, or paid to the Governor, or his de
puties for the tupport of government, sh .11 hereafter be
paid into the public treasury, unless altered or abolished
by the future legislature.
Se&. 34. A Register's office for the probate of wills
and granting letters of administration, and an office for
the recording o'deeds, Shall be kept in each city and
county : The< fficers to be appointed by the General
Assembly, removeable at their pleasure, and to be com
missioned by the President in Council.
Sea. 35. The printing presses Shall he free to every
person who undertakes to examine the proceedings bf
the legislature, er any part of government.
Sea. 36, As every Freeman, to preserve his indepnd
ence (if without a fufficient estate) ought to have Some
profession, calling, trade or farm, whereby he may ho
nestly Subfid, there can be no neceffiry for, nor use in es
tablishing offices of profit, the uSual effects of which are
dependence and Servility, unbecoming Freemen, in the
possessors and expectants ; faction, contention, corrupti
on and disorder among the people. But if any man is
called into public Service, to tl> eprejudice of his private
, affairs, he has a right to a rea finable competition : And
whenever an office, through incicafe of Sees, or other
wise becomes so profitable as to occasion many to apply
for it, the profits ought to be lessened by the legislature.
Sea. 37. The . future legislature of this State, Shall regu
late intails in such a manner as to prevent perpetuities:
Sea. 38 The penal iaws'as heretofore used. Shall 'c re
formed t>y the future legislature cf this State, as toon as
may be, and punishments made in some cases lets San
guinary, and in general more proportionate to the crime*.
Sea. 39. To deter more effectually from the cemmiffi
on ofcrimes, by continued visible punishment of iorg du
ration, and to make sanguinary punishments less nece ffarv;
11 uses ought to be provided for punishing by hard labour,
those who Shall be cenvi&ed of < rimes not capital; where
in the criminals Shal be emplo ed for the benefit ct tie
pwblic&or for repara i>n if injuries done to private pr
fons: *ud all persons at proper t.mes Shah $ e admitted
to fee the prisoners at their labour.
§efl, 49. Every offi er, whether judicial, ex? wive or
military, in authority unde. tri>C nunon Wealth, ihall
take the following oath or afirmari no' ahejauce, rd
general oath nf office before he ente r on th:.xecutk r of
his < ffice : The oath or affirmed n< I a ! e i ce "1 —
do Jivear (or affirm) That J luilt be t'ue ana aitbftc to
the Common-Wealth of Pennfyi^avia : And that I cu;iU rot
di r ectty or i^tr^y do a , s ct or thing / juicier er i r j&_
ri.us to the Confiitu+iin or Government the .„ 43 tfab ijhert
b, the Convention " The oath qr affin at nos - ffice.
' I— do fiteat (or affirm) Iha I vui^ aitbutxtxeote
the -ffice 0, - Jot the ofr and scit do equal
right and ju,ice to ail men to the beji of my jad„meni a^a a
biiities, accords, to la^u." —
Sect. 41. No pubh t x cuff' mor contributen si all
be imposed upon, or p..n; by he p^o; le of th^ Stu , ex
cept by a law for that pur of? : And before my law be
made for railing it, the purpose for which :-y txis to
be raised ought to appear cfarly to the leg fla-ure to be
0 more fer ice to the community than th more ucnid
be, if not collected, which being well obtivid, t xes 6
can never > e burthens.
Sect. 42 Every foreigner of good character, who comes
to i £tie in this State, having fi ft taken an oath or af
fi uraron of allegiance to the fame, may pu^char, or by
orh'? just means a quire, hold and transfer . ^0 or other
real effete ; and alter (me terr's itliJence, Shall be deem
ed a free denizen dr'.f, and intitled to all the rights of
a natu.l born lubja o' this tate, except that ne (ball
not be capa Ie of being el &ed a Repre tentative uraii af
ter t*o years residence.
Sect. 43. T e inhab tants of this St t. Shall have liber
ty to fov.i and hunt in eafona le tunes ci the lands they
hold, aid on ah • ther lands therei n indeed; and in
like manner to fifh in ail boatatri we-rd and ethers not
private property.
Sect. 44. A school or schools sh ril he eftablilhed in e?rh
county by the leg fl me, 10; th conv ni^nt mftru6t,on
of youth, with such fairies to the mUles p rid by the
public as may enable them to inst uftyutn at lew prices:
And ail ufeful burning fhdl be duly encouraged and
promoted in one or m re Uni verities.
Sect. 45. Laws for the encouragement cf virtue and
prevention of vice and immorality, flrall be ade red
constantly kept in force, and provision (hah be made for
their due execution: And all religious locietßs cr nedies
of men heretofore united or incorporated fat the ad
vancement of religion and learning, cr for other pi»ns
and charitable purposes, (half be encouraged znd pret et
eo 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 water Consti
tution of this State.
Sect. 46 The declaration of Rights is hereby red. red
to be a part of the constitution cf this Conimox B al:h,
and ought never to be violated on any pretence whatever.
Sect. 47. In order that the freedom of this Ceram n-
Wealth may be preserved inri >late forever, th re fhil
be chosen by bafio; by the fret men in each city and coun
ty refpe&ively, on the lecond Tuesday in O&ober, in the
year one thousand seven hundred and eighty three, and.
on the second Tuesday in O&pber in every seventh year
thereafter, two persons in each city and county of this
State, to be called the Council of Centers § who sh-d
meet together on the second Monday ci Nr vernier, next
ensuing their election ; the majority of whom fhali be a
quorum in every case, except as to calling a Convex ion,
in which two thirds of the whole number ele& 4 fcl a
gree; and whefe duty it shall be to enqui c whether me
constitution has been preserved inviolate in eveiy pait?
And whether the legislative and executive branches of
governmei t have performed their duty as guardians of
the people, cr assumed to themselves, or exercised 0 her
01 greater powers than they are entitled tc by the con
hitution : They are also to et quire whether the puhl c
taxes have been juttly laid and col t&ed i.a all pans of
this Common Wea th, in what manner the public monk#
have been disposed of, and whether t laws have been
duly executed : For theft pui poses the, foall have power
to fend for perlons papers and records; they fhaL have
authority to pass public censures, to order impeacbn ents
and to recommend to the legislature the repeal ig such
laws as appear to them to have been enft d con ' ry*o
the prinri 1^ of rhe constitution: Te p werstt ey ihall
continue to have, for anil cu l mg the ipace of one y^ar
from the day of their el ai r n, and no long:r: The Aid
Council of Censors Anil allo have power in call a Con
yenion, to meet within two years after their fitting, if
there appear to them an absolute neceffiry of an.ending
any article of the cenftitution which may be defittive
ex] Lining such as may be thought net riearl, exprehed;
and of adding such as are ne^effary lor the pieferva/mu
of the rights and happmels of the people ; But the arti
cles to be amended, and the amendin' nis proposed and
fix h articles as are propoled to le *dded cr zbolifhed
hull be promulgated at least fix months beiore the day ap
pointed for the election of such Cs: ventio. , for the pre
vious consideration ot the people, hat they may have an
opportunity of inAri^ing their Delegates on the feb
je&.