The Pennsylvania ledger, or, The Virginia, Maryland, Pennsylvania, & New-Jersey weekly advertiser — Philadelphia, Pa., 1776-09-14 00:00:00, page 2

members, persons moll noted for wisdom and vir
tue, to be chosen by the freemen of the city of
Philadelphia, and the counties of this common
wealth respectively. And 110 person Ihall be elected
unless he has resided in the place for which he Ihall
be chosen two years immediately before laid electi
on: nor ihall any member while he continues luch,
hold any other office, except in the militia.
Sell, 8. No person Shall be capable of being elect
ed a member to serve in the House of Representa
tives of the freemen of this commonwealth, more
than four years in seven years. Nor Hull any one
person serve more than four years fucceflively.
Sefl. 9. The members of the House of Repre
sentatives shall be chosen annually by ballot, by the
freemen of the commonwealth, on the firft Monday
in October for ever (except this present year) and
shall meet on the third Monday of the fame month;
and shall be Piled " The General AfTembly of the
Representatives of the Freemen of Pennsylvania,”
and full have power to choose their Speaker, the
Treasurer of the Pate, and their other officers; fit
on their own adjournments; prepare bills, and enact
the fame into laws; judge of the elections and qua
lifications ol their own members. They may expel,
but not a second time in the fame sessions, if the
member expelled is re-elected by the fame conflitu
ents; they may adminiPer oaths or affirmations on
examination of witnesses ; redress grievances, im
peach criminals, and shall have all other powers
necessary for the legislature of a free Pate or com
monwealth ; But they shall have no power to add
to, alter, abolish, or infringe any part of this
conflitution.
Tie prop',.! Plan or Frame of Government^,
lie Commonwealth or Stale of Pennsylvania.
IPrinted for Consideration.]
See. I. n^HE Commonwealth or State of Penn
& fylvania shall be governed hereafter
by an Afhmbly of the Representatives of the Free
nicnof the fame, and a President and Council, in
manner and form following.
S-R. 2. The supreme legislative power shall be
veiled in a House of Representatives of tlr freemen
oflhe Commonwealth or State of Pennsylvania.
A ^ ;;. The Supreme executive power shall be
veiled in a Prescient and Council.
Ar. 7. f Courts of Judice ihall be established in
th city of Philadelphia, and in every county of
this Slate.
Seft. c. The freemen of this Commonwealth or
State' ihall be trained and armed for its defence.
And the freemen (hall have such frequent elections
ol their officers (general officers excepted) as ihall
be regulated from time to time by militia laws; the
officers to be' commissioned by the President in
Council.
Sell. 6. Every freeman, of the full age of twenty
one years, having refilled in this Rate or common
wealth for the space of one whole year next before
the day of election, and paid public taxes during
that time, shall enjoy the rights of an elector on
taking an oath or affirmation of fidelity to the
commonwealth, if required.
Seel. 7. 'The House of Representatives of the
freemen of this commonwealth ihall consist of
SeR. 10. A quorum of the House of Representa
tives shall consist of two thirds of the whole number
of members ele&ed; and, having met and chosen
their Speakers, shall each of them, before they pro
ceed to business, take and fubferibe, as well as the
oath or affirmation of fidelity and allegiance herein
after directed, as the following oath or affirmation,
viz.
« I do swear (or affirm) that, as a member
< c of this AfTembly, I will not propose, or assent to,
" any bill, vote or refohnion, which shall appear
“ to be injurious to the people, nor do or consent
" to any a& or thing whatever, that shall have a
" tendency to lessen or abridge their rights and
« privileges as declared in the constitution of tliis
“ Pate; but will, in all things, conduct myfelf as
“ a faithful, honest Representative and Guardian
« of the people, and according to the belt of my
" judgment and abilities^'
And each member before he takes his feat, shall
make and fubferibe the following declaration, viz.
“ I do believe in one God, the Creator and Go
" vernor of the universe."
Sefl. 11. Delegates to represent tips Pate in Con
gress, fliall be chosen by ballot by the future Houle
of Representatives at their firft meeting, and annu
ally for ever after. Any Delegate may be superse
ded at any time, by the General AfTembly appoint
ing another in his Pead. No man fhdl fit in Con
grefs longer than two years fuccePively, nor be
capable of re-election lor three years after.
See. 12. If any county or counties shall negled
or refufe to cleft and lend Representatives to the
General Assembly, the Representatives of the other
counties, provided they are two thirds of the mem
bers from the counties that do lend, shall have all
the powers of the House of Representatives as fully
and amply as if the whole were prelent.
See 13. The doors of the House, in widely the
Representatives of the freemen ol this Pate shall fit
in General Afembly, fliill be and remain open for
the admiflion of all perlons who behave decently,
except only when the welfare of the Pate may re
quire the doors to be Shut.
See. 15. All bills of a public nature shall be read
three times on three different days, in the House of
Representatives; and after the third reading, shall
be printed and published for public consideration;
at leap seven days before they are read a fourtli
time, and shall then be again fubje& to debate and
amendment, before they are ena&ed into laws; and,
except on occasion of bidden necedity, shall not be
enafted till the then next fitting of the Houfe.'
Secl. 16. The Pile of the commonwealth shall
be, " Be it evaded, and if is hereby evaded, by the
" Representatives of the freemen of the commonwealth
" of Pennsylvania, in General Afembly met, and by
" the authority of the fame." And the General As
sembly shall affix their leal to every bill, as soon as
it is enacted into a law; which seal shall be kept by
the Assembly, and shall be called The seal of the
laws of Pennsylvania and shall not be used for any
other purpote.
Seft. 17. [Not drawn up in form; but after con
siderable debate, it was on motion, Refdlved,
That the freemen of the counties may vote in
diftrids; and allo, that at those diftrift electi
ons, they shall vot- for all the members for
the Assembly in one general ticket, out of the
county at large.]
SeR ih. The Supreme Executive Council shall
consist of nine members, to be chosen in the follow
ing manner, viz. Nine Councellors shall be chosen
by the House of Representatives, within one week
after a quorum is met and qualified, which laid
Counsellors are all to serve for the firft year, one
third of them to serve for that year only, one third
for.two years, and one third for three years; wliofe
places refpe&ively shall be supplied by new elections,
to be made in the Houle ol Representatives, of one
third annually for ever. No member of the House
of Representatives shall be chosen a member of the
Council ; vacancies by death, or otherwise, ihall be
filled by the House of Representatives, at their next
fitting. The President and Vice-President shall be
chosen annually by the joint ballot of the House of
Representatives and Council, out of the members
of the Council. No person shall be President for a
longer space of time than three years together; and
any person, having served in that Ration for three
fucceflive years, shall be incapable of that office for
the space of four years afterwards.
Sell, 19. The President, and in his absence the
Vice-President, and members shall be a
quorum, and have power to appoint and commiffi
onate Judges, Naval Officers, Judge of the Admi
ralty, Attorney General, and all other officers civil
and military, other than luch as are to be chosen
by the Houle of Representatives, or the people,
agreeable to this frame of government and the
laws that may be made hereafter; and shall supply
all vacancies occasioned by death, resignation, re
moval or dilqua^fication, until the office can be fil
led in the time and manner directed by law or tliis
constitution.—l hey are to correspond with other
dates, and tranfad business with the officers of go
vernment civil and military; and to prepare such
business as may be necessary to lay before the Ge
neral Assembly.—7 hey shall fit as Judges to hear
and determine on impeachments and dall have pow
er to grant pardons and remit fines in all cases what
soever, except in cates of impeachment, treason and
murder; and in cases of treason and murder, shall
have power to grant reprieves until the end of the
next sessions of Assembly, and no longer: But
there shall be no remission or mitigation ot punilh
ment on impeachments, or for high treason or mur
der, except by act of the legislature. They are also
to take care that the laws be faithfully executed;
they are to expedite the execution of fucli measures
as may be resolved upon by the House of Represent
atives and they may draw upon the Treasury for
such furns as shall be appropriated by the House.
They may also lay embargoes, or prohibit the ex
portation of any commodity, for any time not ex
ceeding thirty days, in the recess of the House only:
And sh ill have power to call together the Houle of
Representatives, when necessary, before the day to
whicli they shall hand adjourned. The Prefi lent
shall be Commander in Chief of the forces of the
date, but shall not command in person, except ad
vised thereto by the Council, and then only to long
as they shall approve thereof. Thy President and
Council shall have a Secretary and keep fair books
of their proceedings wherein any Counsellor may
enter his dissent with his reasons in support of it
See 20 All commissions iShall be in the name,
and by the authority of the freemen of the common,
wealth of Pennsylvania Sealed with the date seal,
and attested by the Secretary. The Did seal to be
kept by the Council.
Sect. 14. The votes and proceedings of the House
of Representatives fliall be printed weekly, during
their fitting, with the yeas and nays on each a&,
quePion, vote or resolution, where any two mem
bers require it, except when the vote is taken by
ballot.
Sefl. 21. Every officer of date, whether judicial
or executive, shall be liable to be impeached by the
House of Representatives, either when in office or
after his removal, for mal-adminihration. All im
peachments fhajl be before the President or Vice-
President and Council, who fnall hear and determine
the fame.
Sefl. 22. No member of the Council shall be ca
pable of holding a feat in the House of Representa
tives, during the time ot his being a Counsellor: But
he shall, by his office, be a Justice of Peace for the
whole hate.
Sefl. 23. Tile Judges of the Supreme Court of
Judicature shall have fixed salaries, be commissi
oned for Seven years only, though capable of re
appointment at the end of that term, but remove
able at any time by the House of Representatives;
they ihall not be allowed to fit in the Continental
Congress, Executive Council or House of Repre
sentatives, nor to hold any other office civil or mi
litary, nor to take or receive fees or perquisites of
any kind.
See. 24. The Supreme Court fha.ll have the pow
ers of a Court of Chancery, so far as relates to the
compelling the performance of trusts and agree
ments, difeovery of frauds, perpetuating testimo
ny, obtaining evidence from places not within this
estate, and the care of the ellates and persons ofi,
those who are non compos mentis, as they fliallfc
hereafter regulated by law.
Sef7. 25. Trials shall be by jury as heretofore:
And it is recommended to the legislature of this
state, to provide by law against every corruption,
or partiality in the choice, return, or appointment
of jur ; es.
See. 26. Courts of Seflions and Common Pleas
shall be held quarterly in the city, and in each
county; and the legislature shall have power to
establish all such other courts, as they may judge
for the good of the inhabitants of the state. All
courts shall be open, and justice shall be impartial
ly administered without corruption and unnecessa
ry delay. All their officers shall be paid an ade
quate but moderate compensation for their services.
And if any officer shall take greater fees than the
laws allow him, either diredly or indire&ly, it shall
ever after disqualify him from holding any office in
this state.
Seft. 27. All profecuticns shall commence in the
name, and by the authority, of the freemen of the
commonwealth of Pennsylvania; and all indictments
shall conclude with these words, against the peace
and dignit, of the fame. The stile of all process
hereafter in this state shall be, The commonwealth
of Pennsylvania.
See. 28. The person of a debtor, where there is
not a strong presumption of intended fraud, shall
not be continued in prison after delivering up all
his estate, real and personal, for the life of his
creditors, in fucli manner as shall hereafter be
regulated by law, and all prisoners shall be bail
able by Sufficient Sureties, unless for capital offen
ces when the proof is evident, or presumption
great.
See 29. Excessive bail shall not be exacted for
bailable offences. And all fines shall be moderate,
and Saving mens tenements, apparel, bedding, and
the necessary tools of their trade or calling.
Sc ^ 3 0 - Justices ol the Peace Hull be eleded by
the freemen ot the city and counties respectively,
that is to fay, 1 wo persons shall be chosen for each
ward, tounfhip, or dilhid, as the laws shall here
after direst; and tlieir names Ihall be returned to
the President and Council, who shall conmiffion
one of them for seven years, removeable for mif
conduft by the House of Representatives, and re
eligible at the end of that time. No Justice ol the
Peace shall fit in the House of Representatives, un
less he firft resign his commission, nor shall be al
lowed to take any fees nor any Salary or allow
ances, except such as a future legislature may grant,
in consideration of expences nccGlhrily incurred
by their journeying to, and attending on, public
courts.
See. 31. Sheriffs and Coroners shall be elected
annually, in each county, by the framen; that is
to fay, Two persons for each office, one of whom
is to be commiffoned by the President in council.
No person shall continue in the office of Sheriff more
than three lucc< flive years, or be capable of being
again elected during lour years afterwards.
See. 32. Ail elections, whether by the people or
in General Assembly, Shell be by ballot, free and
voluntary. And any elector, who Shall receive any
gift or reward for his vote, in meat, drink, monies,
or otherwise, Shall forfeit his right to d,& ioi ihat
time, and lufler such other pendiy as future ! ws
Shall direct And any person vho Shall, dired'v or
indirectly, give, pi crniie, or beftuw any luH/ re
valds to be elected, shall be thereby renderec inca
pable to serve for die ensuing yea:
See, 33. Every ekdor, before he votes a> the
firft general ddion for Representatives in . ffem
bly, and, if required, at any general election here
after shall take the following oatn or -fhrmation,
unless he shall produce a certificate from ome luf
tice of the Peace, that he had, before tht time,
taken the fame, viz.
" I do swear (or affirm) that I will bear
“ true allegiance to the commonwealth of Pennsyl
vania, and will, according to my abilities, pre
“ Serve the freedom thereof: And,'that I will also,
to the best of my judgment, vote only for :uch
" persons as I co ekeem of fidelity and knowledge,
" worthy and capable of executing the truftrepofed
" in them."