Dunlap's Pennsylvania packet , The general advertiser — Philadelphia, Pa., 1776-10-01 00:00:00, page 5

^ CONS FITUTION of th, Common-
Wealth of PENNSYLVANIA, as efta
b:^f fthe G ENER A L CONVEN
-7 lON eeledfor that purpose, and held at Phiia
dfphfs, j$ iff 1776, and continued by adjourn-
TCents s o September 28,1776.
Jes"" "' "' fid government ought to be instituted
&nf : tfported for ibejecurp, an 1 protection cf the
community as Jucb, and to enable the individuals who
cue^fe it to enjoy tr^ir n<tars! rights and the other
bfefin, ^fh the author of exfence hrs beftoived upon
man ; end whenever these great ends of government are
mi obtained, the people have a right, by common consent,
f® J'an^it, ana take fach wefares as to tb»n way ap
pear recefe) to promote their fofety and happiness.
AND WHtKEAs the inhabitants of this Common Wealth
have, in conf deration of protection only, heretofore ac
hr&'eted afegdmee to the King of Great Britain, and
the fid King has not only withdrawn that protection, but
cronenced and fill continues to carry on, with wQbated
©presence, a most cruel and unjust war against Xem,
e?,*)smg therein not only the troops of Great Britain, bus
frfgn mercenaries, savages andfaves, for the avowed
purred 8 r reducing them to a total and abjeftfubmifon
patke defile domination sf the British Parliament, with,.
,^r„ fylker airs of tranny, (more fully jet forth in the
Dec^rati^ of Congress) whereby all allegiance and fealty
to the fid King and hisfuccefors arc dissolved andat an
end,and a' :power and authority derived from him ceased
if tkPe Cronies. AndWher^AS it is abfo!utely nece
,, firthe wef^e and fofef of the inhabitants of said
Co^wes- that they be henceforth free and independent
States, end that jaf, permanent and - roper forms of go
zemment evft in ever, part of them, derived from, atN
furled cm the authority of, the people on,, agrecab e t,
fe aKeairc of the Honorable American Congre e. If E,
the leprKritatives of the Freemen of Pcnnfi !vania, in
General ^ 'eluent ^ met, for the exprefspurpofe of framing
forb & ^o&erefrat. confffon the goodness of the great
Governor of Ke Jniverfe (who alone knows to what de
gree &'e.sth's ra pine;r mankind may attain by perfefling
f^ rts<.fewern 'lent) in permitting the people of this
State b common confit, and without violence, delibe
rated h v-m fir themselves fecbjuft rules as the, shall
ihert hr, dr governing their future feiety ; and being
fc ; clinic' K 1 it is our indifpenfde duty to efa
bif !:K origin Principles of government'as will bfl
,roefe the g^ral haopine, of the petye of this State
any tbS^ poferitt, and provide for future improvements,
w"i-ut c^i :it for or prejudice again, any particular
Cad flor denomination of men whatever, DO, b, vir
tue o*'the mtfritv veiled in us by our constituents, ordain,
d.c ^ ,rd , I 17r thefoßerwing DezlarrSt ofßights
suf Fr^^e A Gewerome^ to be THE CONS T I
-71, '1 }N of this : Aminin Wealth, and to remain in ~
fare, •1,-tin forever, unaltered, except in fach articles as
Jb: .:..ca -r on experience be found to require improve
z^m :i whichfan' by the fame authority of the people,
fair, delegated as this Frame of Government direls, be
amm led or imprsvedfor the more effectual obtaining and
feeding THE GREAT END AND DESIGN OF
ALL GOVERNMENT, Herein before mentioned.
CHAPTER ].
£ DECLARATION of the Rights of the
INHABITANTS o/YA'jfa/e rfPENNS YLV ANIA.
I. ,H AT all men are born equally free and
I independent, and have certain natural, in
herent and unalienable rights, amongst which are the
Frying and defending life and liberty, acquiring,
po^ffin^ and proteding property, and pursuing and
©toCTiring hapoinefs and fafety.
Teat all men have a natural and unalienable
rightto wo-fhip Almighty God according to the did
-2^ of their own confeiences and understanding:
Ard that no man ought or of right can be compelled
t, end any religious worship, or cred or support
an ? place cf worship, or maintain any ministry, con
trary r„ or against, his own free will and consent:
Nor can anv man, who acknowledges the being of a
G^, bejUtly deprived or abridged of any civil right
A, aCLzm, on account of his religious sentiments
or peculiar mode of religious worship : And that no
auQ^itv can or night to be vested in, or assumed
by .v po.er whatever, that shall in any case in
terfere vih, or in any manner cor.troul, the right
cf canfrienc' in rhefree exercise of religious worship.
! 1. That he people of this state have the sole, ex
clusive and inherent right of governing and regulat
ing the internal police of the lame.
[V. That all power being originally inherent in,
g, 4 consequently derived from, the people; there
fore all officers of government, whether legislative
or executive, are their truftes and servants, and at
all times accountable to them.
V. 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
in, familyor set of men who are a part only of that
community: And that the community hath an in
dubitable, unalienable and indefeafibie right to re
form, alter or abolbh government in such manner as
shall be by th-t community judged most conducive
to the . public weal.
VI. r l hat thole who are employed in the Icgifla
tive and executive bufioefs of the state may be re
firained from oppression, the people have a right, at
such periods as they may think proper, to reduce
their public officers to a private Ration, and supply
the vacancies by certain and regular elections.
POSTSCRIPT to Dunlap's PDN N S YLVAN I A PACKET.
V fl. Thara&Jeßions ought to be free ; and that
all free men having a Efficient evident common in
tereftwith, and attachment to the community, have
a right to del officers' or be elefled into office :
VI. That eve y member of society hath a right
to be protected in the enjoyment of life, liberty a d
property, and th^ref re is bourd to contribute his
proportion towards the'expence of that protection,
and yield his peTonal f rvice, when receffary, or an
equivalent thereto; But no partef a man's property
can be justly taken from him, or applied to public
uses, without his own consent, or that of his legal
reprefenta rives : Nor can any man who is confeien
tioufly fcrupulons cf bearing arms, be justly compel
led thereto, 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 common good.
JX. That in all prosecutions for cr minal offences,
a man hath a right to be heard by himfclf and his
council, to demond the cause and nature of his ac
cusation, to be confronted with the witnesses, to call
for evidence in his favour, and a speedy public t i
al, by an impartial jury of the country, without the,
unanimous consent of which jury he cannot be found
guilty: or can he be compelled to give evidence
against himfelf: Nor can ary man be justly deprived
of his liberty, except by the laws of the land or the
judgment of his peers.
X. That the people have a right to hold them
selves, their houses, papers and possessions free from
search or fezure; and therefore warrants without
oaths or affirmations firft made, affording a Efficient
foundation for them, and whereby any officer or
messenger may be commanded or required to search
fufpefted places, or to seize any person or persons,
his or their property, not particularly described, are
contrary to that right, and ought not to be granted.
XI. That in all controvei fies refpe&ing property,
and in suits between mar and man, the parties have a
right to trial by jury, which ought to be held la
cred.
XII. That the people have a ri ht to freed< m of
speech, and of writing and puolifhing their senti
ments ; therefore the freedom of the press ought not
to be retrained.
X;II. That he people have a right 0 bear arms
for the defence f themselves and the state; and as
fending armies, in re time or peace, are dangerous
to liberty, they ought net to be kept u, : And that
the military should be kept under Uriel fubordinati
cn to, and governed by, the civil power.
X V. That a frequent recurrence to the fundamen
tal principles, and a firm adherence.to justice, mo
deration, temperance, industry and frugality, are
absolutely necessary to preserve the buffings of li
berty, and keep a government free: The people
ought therefore to pay particular attention to these
points in the choice of officers and representatives,
and have a right to ex^ft a due and constant regard
to th^m, from their legislators and magistrates in the
making and executing such laws as are necessary for
the good government of the Rate.
XV. That all men have a natural inherent right
to emigrate from one state to another that will re
ceive them, or to form a new state in vacant coun
tries, or in such countries as they can purchase,
whenever they t ink that thereby they mav promote
their own hUppinefs.
XVI. that the people have a right to aftemble to.
gether, to consult for their common good, to ipibuct
their representatives, and to apply to the legislature
for redress of grievances, by address, petition or re
monstrance.
CHAPTER JI.G
P LaA Nor FRAME of GOv ERNME'NT.
Seaton 1. '#? HE Common- Wealth—or State of
* Pennsylvania ihajl be governed here
after by an flftmbly of the Reprefenfatives of the
Freemen of tfcfame, and a President and Council,
in manner and form following—
Sett. 2. The supreme legislative power fliall be
vested in a House of Representatives of the Freemen
of the Common-Wealth or State of Pennsylvania.
Sea. 3.' The supreme executive power shall be
vetted in a President and Council.
Sell. 4. Courts of Justice shall be established in the
city of Philadelphia and in every county of this State.
Sect. 5. The Freemen of this Common-Wealtli
and their sons Ihall be trained and armed for its de
fence, under such regulations, reftridions and ex
ceptions as the General Assembly fnall by law direct,
preserving always to the people the right of chufing
their Colonel and all commissioned officers under that
rank in such manner and as often as by the said laws
shall be directed.
Sec?. 6. Every freeman of the full age of twenty
one years, having redded in this State for the space
of one whole year next before the day of election for
Representatives, and paid public taxes during that
time, shall enjoy the right of an elector : Provided
al wavs, that sons of freeholders cf the age of twenty
one years shall be entitled to vote although they have
not paid taxes
S^a. 7. The Horse cf Representatives of the Free
men of this Common-Wealth shall consist of persons
most noted for wisdom and virtue, to be chosen by
the Freemen of every city and county of this Com
raon-Wealth respectively. And no person shall be
elected unless h^has resided in the city or county for
which he shall be chosen two years immediately before
the faideleCtion; nor shall any memberwhile he conti
nues such, hold any otft:r office except in the militia.
Sea. 8. No person shall be capable of being eleded
a member to irve in the House of Representatives
of the Freeman of this Common-Wealth more than
four years in liven.
Sict. 9. Ihe members of the House cf Representa
tives shall be chosen annually by ballot by the fee-)
men of the Common-Wealth, on the second Tuesday
in Oftober forever, (except this present year) and
fliall meet on the fourth Monday of the fame month,
and mail be Riled, THE GENERAL ASSEMBLY
OF REPRESENTATIVES OF THE FREEMEN
< F Pennsylvania, and shall have power~tb
choose their Speaker, the Treasurer of the State,
and their other officers; fit on their own adjourn
ments; prepare bills and ena& them into laws ; judge
cf the dedicns and qualifications of their own mem
bers ; they may expel a member, but not a second
time for the fame cause ; they may administer oaths
or affirmations on examination of witnesses ; redrt fs
grievances ; impeach state criminals; grant charters
cf incorporation ; constitute towns, boroughs, cities
and counties: And shall have all other powers ne
cessary for the legiflattfre of a free State or Cemmon-
Wealth:--But they fha'l have no power to add to, al
ter, abobfli, or infringe any p/rt of this Constitution.
Sea. 10. A quorum of the House of Representatives
ffiall conhlt of two thirds of the whole number of
members clefted ; and having met and chosen their
Speaker, shall each of them before they proceed to
business take and fubftr.be, as well the cah or af
firmation of fidelity and allegiance herein after di
rected, as the following oath or affirmation, viz.
'—— do swear (or affirm) that as a Member of Kis As
sembly, f will not profcfe or assent to cay bib. vote or ref
lation, ivbicb Jball appear to me injurious t fbe people; nor
do or consent to ary aft or thing ochntever that Jbal heave a
tendency to Lffen or abridge their rights and ft I^viledges. 1 ^viledges. as
declared in the Confiilutton oj this state ; but civil in adthings
conduit mjfelf as a faithful bontf Rr;rentntiie and
Guardian of the Peopie acc rd tig to the best of my knowledge
and abilities.
?nd each member, before he takes his frat, shall
make and fubferibe the following declaration, viz.
Ide believe in one God, the Creator and Governor of the
Univefe, the reward# of the good and punifber of the
TV eked, And I do acknowledge the Scriptures of the Od
and New Tejiamenet to be given by Divine Inspiration.
And no further or other religious test mail ever
hereafter be required of any civil officer or magistrate
in this State.
Sell. It. Delegates to represent this State in Con
gress mail be chosen by ballot by the future General
Assembly at their firft meeting, and annually forever
afterwards, as long as such reprefentatinn fnall be
necessary. Any Delegate mav be superseded at any
time, by the General Assembly appointing another
in his dead. No man shall fit in Congress longer
than two years successively, nor be capable of re
election for three years afterwards: And no person
who holds any office in the gift of the Congress fnaft
hereafter be elected to represent this Common-Wealth
in Congress.
Sell. 12. If any city or cities, county cf Bounties
shall negleC t or refufe to elect and fend Representa
tives, to the General Assembly, two thirds of the
members from the cities or counties that do elect and
fend •Representatives, provided they be a majority cf
the cities or counties of the whole State when met,
shall have all theppowers cf the General Assembly as
fully and amply as if the whole were present.
S 8. 13. The doors of the house in which the Re
presentatives of the Freemen of this State shall ht in
General Assembly, mail 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 mut.
Sell. 14. The votes and proceedings of the Gene
ral Assembly ffiall be printed weekly during their fit
ting, 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 mi
nutes,'if he desire it.
Sea 15. Te 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 mail
be printed for the consideration of the people, before
they are read in General Assembly the last time for
debate and amendment; and except on occasions cf
sudden necessity, shall not be puffed into laws until
the next session of Assembly ; and for the more per
fed fatisfadion of the public, the reasons and mo
tives for making such laws shall be fully and clearly
exprefeed in the preambles.
Sell. 16 The stile of the laws of this Common-
Wealth shall be, " Be it enaded, and it is hereby
“ enabled by the Representatives of the Freemen cf
“ the Common Wealth of Pennsylvania, in General
“ Assembly met, and by the authority of the fame."
And the General Assembly shall affix their seal to every
bill, as soon as it is enacted into a law, which seal fkad
be kept by the Assembly and shall be called, THE
SEAL OF THE LAWS OF PENNSYLVANIA,
and mail not be used for any other purpose.
Sell. 17. The city of Philadelphia and each county
in this Common- Wealth refpeAively, shall on the firft
Tuesday of November in this present year, and on the
second Tuesday in October, annually for the two next
succeeding years, to wit, the year one thousand seven
hundred and Twenty seven, and the year one thousand
October 3.