The Pennsylvania evening post — Philadelphia, Pa., 1776-09-10 00:00:00, page 3

mal-adminiftration. All impeaahmemts shall be before the
President or Vice-President and Council, who shall hear and
determine the fame.
Sect. 22. No member of the Council shall be capable of
holding a feat in the House of Representatives, during the
time of his being a Counfellor: But he shall, by his office,
be a Justice of Peace for the whole Rate.
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 at any time by the House of Represen
tatives ; they shall not be allowed to lit in the Continental Con
gress, Executive Councilor House of Representatives, nor to
hold any other office civil or military, nor to take or receive
fees or perquisites of any kind..
Sect; 24.. The Supreme Court shall have the powers of
a Court of Chancery, so far as relates to the compelling the
performance of trusts and agreements, discovery of frauds,
perpetuating testimony, obtaining evidence from places not
within this estate, and the care of the estates and persons of
those who are non compos mentis, as they shall be hereafter
regulated, by law.
Sect. 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, re
turn, or appointment of juries.
Sect. 26. Courts of Sellions and Common Pleas shall
be held quarterly in the city, and in each county ; and the le
gislature shall have power to establish all such other courts,
as they may judge for the good of the inhabitants of the.Rate.
All courts shall be open, and justice shall be impartially ad
ministered without corruption and unnecessary delay. All their
officers shall be paid an adequate but moderate compensation ft r.
their services. And if any officer shall take greater fees than the
laws allow him, either directly or indirectly, it shall ever
after disqualify him from holding any office in this state..
Sect. 27. All prosecutions 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 dignity of the jame. The
Rile of all process hereafter in this Rate Shall be, The common
wealth of PennJjlva^ia.
Sect. 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 eßate, real, and personal,
for the use of his creditors ; in such manner as shall hereafter
be regulated by law, and all prisoners shall be bailable by
fufficient lureties, unless for capital offences, when the proof
is evident, or prelumption greats
Sect. 29. Excessive bail shall not be exacted for bailable
offences. And all fines shall be moderate, and laving mens
tenements, apparel,, bedding, and the necessary tools of their
trade or calling.
Sect. 50. justices of the Peace shall be eluded by the
freemen of the city and counties respectively, that is to fay,
Two persons shall be chosen for each ward, townffiip, or
diftrrd, as the laws shall hereafter dired; and their names
shall be returned to the President and Council, who shall com
mission one cf them for seven years, removeable for mifeoh
duft by the Houle cf Representatives, and re-eligible at the
end of that time. No Judice of the Peace shall fit in the
House of Representatives, unless he firft resign his commis
sion; nor shall be allowed to take any fees nor any sala r y or
allowances, except such as a future legislature may grant, in
consideration of expences necessarily incurred by their jour
neying to, and attending on, public courts,,
449
Sect. 31. Sheriffs and Coroners shall be ele&ed annually,
in each county, by the freemen ; that is to fay, Tyvo persons
for each office, one of whom is to be commissioned by the
President in council. No person shall continue in the office
of fherifr more than three successive years, or be capable of
being again elected during four years afterwards.
Sect. 32. All elections, whether by the people or in Ge
neral Assembly, shall 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
"ght to ele& for that time, and fuffer such other penalty as
future laws shall direct. And any person who shall, directly
or indirectly, give, promise, or haftow any such rewards to
be elected, shall be thereby rendered incapable to serve for
the ensuing year.
Sect. 33. Every elector, before he votes at the firft gene
ral election for Representatives in Assembly, and, if re
quired, at any general election hereafter, shall take the fol
lowing oath or affirmation, unless he shall produce a certifi
cate from some Justice of the Peace, that he had, before that
time, taken the fame, viz.
"[ — .do fivear (or affirm) that I will bear true al
legiance to the commonwealth of Pennsylvania, and will,
" according to my abilities, preserve the freedom thereof:
And that I will also, to the bed of my judgment, vote
" only for such persons as [ do esteem of fidelity and know
'''' ’"° r '” ' n d capable of executing the trust reposed in
Sect. 34. All fees and perquisites, fines and forfeitures,
and every other emolument whatever, heretofore granted
or paid to the Proprietary and Governor, or his deputies, for
the fupport of government, shall hereafter be paid into the
public treasury, unless altered or abolished by the future le
gislature.
SECT. 35. A Register's office for the probate of wills and
granting letters of administration, and an office for the re
corning of deeds, shall be kept in each county ; the officers
to be appointed by the House of Representatives, removeable
at their plealure, and to be commissioned by the President in
Council.
oect. 36. The printing presses shall be free to every per
son who undertakes to examine the proceedings of the legis
lature, or any part of the government ; and the House of
Representatives shall not pass any aft to restrain it. Nor.
shall any printer be restrained from printing any remarks,
ftriaures or observations on the proceedings of the General
Assembly, or any branch of government, or any public pro
ceeding whatever; or on the conduct of any public officer,
so far as relates to the execution of his office ; provided it
does not extend to the informing an enemy in actual war,
concerning our Strength, weakness, disposition, or any other
thing which may Serve the enemy, and injure the state.
Sect. 37. As every freeman, to preserve his own indepen
dance (if without a fufficient estate) ought to have some pro
feffion, calling, trade or farm, whereby he may honestly sub-
RR, there can be no necessity for, nor use in establishing of
fices of profit, the usual effects of which are dependance and
Servility unbecoming freemen, in the possessors and ex
pedants, fadion, contention, corrupti >n and disorder, among
the people. But if any man is called into public Service, to
the prejudice of his private affairs, he has a right to expert a
reasonable compensation for his services ; and whenever an
office, through increase of fees, or otherwise, becomes To pro
fitable as to occasion many to apply for it, the profits ought
to be, and shall be lessened by the legislature.
Sect. 38. The future legislature of this Rate shall regu
ate intails in such a manner as to prevent perpetuities.