The Pennsylvania journal, or, Weekly advertiser — Philadelphia, Pa., 1776-10-09 00:00:00, page 1

In CONVENTION, at NEW-CASTLE,
For the DELAWARE STATE.
The CONSTITUTION or SYSTEM of Government, a
greed to and refolded upon by the Representatives in full
Convention of the DELAWARE STATE, formerly
stiled the Government of the counties of Ncw-Caftle, Kent
and Stiffer, upon Delaware, the fat'd Representatives be
ing chosen by the Freemen of the said State for that ex
press purpose. ,[ Continued from our lafl.l ,
xx. ff yHH President and General Assembly (ball by joint bal-
X lot appoint three justices of the Supreme Court for the
State,, one of whom fhail be Chief Justice, and a Judge of
Admiralty, and also fenr Justices ,of the courts of Common
Pleas and Orphans Courts for each county, one of whom in
each court /halite ffiled Chief-Juftiee (aid in case of divi
sion on the ballot, the Vrefident fliall have an additional
casting voice) to be commissioned by the President under the
great-seal, who (ball continue in office during good behavi
our ; and during the time the Judices of tire said Supreme
court and courts of Common Pleas remain in office they
fliall hold none other except in the militia—Any one of the
Justices of either of said courts fliall have power in case of
the non-coming of bis brethren to open and adjourn the
court. An adequate fixed but moderate (alary flhall be set,
tied on them during their continuance in office. The Presi
dent and Privy-Council shall appoint the Secretary, the At
torney-General, Registers for the probate of wills and grant
ing letters of adminittration, Registers in Chancery, Clerks
of the courts of Common Pleas and Orphans Courts, and
Clerks of the Peace, who Shall be commissioned as aforefiid
and remain in office during five years, if.they behave thera
felves well; during which time tire said Registers in Chancery
and Clerks, Shall not.be jiillices of either of the said courts
of which they are officers; bu they Shall have authority to
Sign all writs by them issued, and take recognizances of bail.
The Justices of the Peace Shall be nominated by the House
of Assembly, that is to fay, They Shall name twenty-four
persons for each county, of whom the President, with the
approbation of the Privy-Council, Shall appoint twelve,
wti. Shall be commissioned as aforesaid, and continue ip of
fice during feyen years, if they behave themselves well; and
in case of vacancies, or if the Legislative Shall think proper
to increase the number, they Shall be nominated and appoint
ed in like manner. The members of the Legislative and
Piv,Councils Shall be Justices of the Peace for the whole
State, during their continuance in trust; and the Justices of
the Courts of Common Pleas Shall be Conservators of the
Peace in their refpe&ive counties.
13. The Justices of the courts of Common Pleas and Or
phans courts Shall have the power of holding Inferior Courts
of Chancery as heretofore, unJefs the Legislature Shall other
wise dire&
14. The Clerks of the Supreme Court Shall he appointed
by the Chief Juffice thereof, and the Recorders of deeds by
the Justices of the courts of Common Pleas for each county
Severally, and commissioned by the President under the great
feal, and continue in office five years if they behave them
selves well
i§. The Sheriffs and Coroners ?f the respective counties
Shall be chosen annually as heretofore; and any person hav
ing served three years as Sheriff Shall be ineligible for three
years after; and the President and Privy-Council mail have
the appointment of such of the two candidates returned for
said offices of Sheriff and Coroner as they Shall think heft
qualified, in the fame manner that the Governor heretofore
enjoyed this power.
16. The General Assembly by joint ballot shall appoint
the Generals and field-Officers, and all other officers in the
army or navy of this State. And the President may appoint
during pleasure. until otherwise directed by the Legislature,
all necessary civil officers not herein before mentioned.
±7. There Shall be an appeal from the Supreme Court of
Delaware in matters of law and equity to a court of seven
persons, to consist of the President for the time being, who
Shall preside therein, amd fix others, to be appointed, three
by the Legislative Council, apd three by the House of Assem
bly who Shall continue in office during good behaviour, and
be commissioned by the President under the great-seal; which
court Shall be stiled The Court of Appeals, and have all the
authority and powers heretofore given by law in the last re
sort to the King in Council under the old government. The
Secretary Shall be the Clerk of this court, and vacancies
therein opcafioned bv death or incapacity, Shall be supplied
by new elections in manner aforefaid.
18. The Justices, of the Supr me Court and courts of Com
mon Pleas, the members of the Privy-Council, the Secretary,
the Trnft.es of the Loan-O-ffice and Clerks of the courts of
Common-Pleas, during their continuance in office, and all
,nfons concerned in any army or navy contrasts, Shall be
ineligible to either House of Assembly; and any member of
either House accepting of any other of the offices herein
before mentioned (excepting the office of a Justice of the
Peace) Shall have his feat thereby vacated, and a new electi
on Shall be ordered.
T 9 The Legislative Council and Assembly Shall have the
power of making the great-fa! of this State, which Shall be
kept by the President, or in his defence by the Vice-President,
to be used by them as occasion may require. It Shall be
called The Great-Seal of ,he Delaware State, and Shall be
affixed to all laws and commissions,
20. Commissions Shall run in the name of the DELA
WARE STATE, and bear ted by the President. Writs Shall
run in the fame manner, and bear test in the name of the
Chief Justice or Justice firft named in the commissions for
the several courts, ard be sealed with the public feats of such
courts. Indictments Shall conclude, against the peace and
dignity of the State. (War remainder fee last ,^gej
THE
Octobers 1776. tote A NUMB, iff
PENNSYLVANIA ^^ft ^JOURNAL;
WEEKLY c ) A ERTISEIL
^^®s^^^S®®s^SS ^1) 1 ^Qfy O&SSsS^®SW®ssss®S^
EDNESDrt r, t^^ ^ October 9, 1776.
The CONSTITUTION of the Common-Wealth of
PENNSYLVANIA, as established by§ the GENERAL
CONVENTION elected for that purpose, and held a, Phi
ladelphia, July 15th, 1776, and continued by adjourn
ments to September %$, 1776.
WHEREAS all government ought to be instituted and
supported for the Security and protection of the com
munity as such, and to enable the individuals who cbmpofe
it to enjoy their natural rights and the other blessings which
the author of existence has believed upon man; and whene-'
ver these great ends of government are not obtained, the
people have a right, by common consent, to change it, and
take such measures as to them may appear necessary to pro
mote their Safety and happiness) And Whereas the in
habitants of this Common Wealth have,, io consideration of
piotc<ftioa only, heretofore acknowledged allegiance to the
King of Great-Britain, and the said King has not only with
drawn that protection, but commenced and ftilj continues to
carry on, with Unabated vengeance, a molt cruel and unjust
war against them, employing therein not only the troops of
Great-Biitain, but foreign mercenaries, Savages, and Slaves,
for the avowed purpose of reducing them to a toiai and ab
jc& submission to the defpptic domination of the Britifli Par
liament, with many other a&s ot tyranny, (more fuhy set
forth in the declaration of Congress) whereby all allegiance,
and realty to the said King and his successors arc diffolvcd and
at an end, and all power and authority derived from him ceaf
cd in those Colonies And WHEREAsit is absolutely necef-
Sary for the welfare and Safety of the inhabitants ot lain Co
lonies, that they be henceforth free and independent States,
and that just, permanent, and proper forms of government
exist in every part of them, derived from, and founded on
the authority ot, the people only, agreeable to the directions
of the honorable American Congress, WE, the representa
tives of the Freemen or Pennsylvania in General Convention
met, for the cx^refs purpose of framing such a government,
confeffing the goodness of the great Governor of the Universe
.(who alone knows to what degree of earthly happiness man
kind may attain by perfecting the arts of government) in per
mitting the people of this State, by comaion consent, and
without violence, deliberately to iorm tor themselves such
just rules as they ffiall think best for governing their future
society; and being fully convinced that it is our indispensable
duty to eftabhfh such original principles of government as
will best promote the general happiness of the people of this
S ate and their posterity, and provide for future improve
ments, without partiality for, or prejudice against any parti
cular clafi, fed, or denomination of men whatever, DO, by
virtue of the authority vested in us by our confiituents, ordain,
declare, and ellablith the following Declaration of Rights
and Frame of Government, to be THE CONSTITUTION
of this Common- Wealth, and to remain in force therein for
ever, unaltered, except in such articles as fliall hereafter on
experience be found to require improvement, and which
fliall by the fame authority of the people, fairly delegated
as this Frame of Government directs, be amended or im
proved for the more tff dual obtaining and Securing THE
GREAT END AND DESIGN OF ALL GOVERNMENT,
herein before mentioned.
CHAPTER I.
A DECLARATION of the Rights of the Inhabitants of the
State of P ENNSYLVANI A.
I. 7° HAT all men are' born equally free and independent,
I and have certain natural, inherent and unalienable
rights, amongst which are the enjoying and defending life
and liberty, acquiring, possessing and protesting property,
and punning and obtaining happiness and fafetf.
11. That all men have a natural and unalienable right to
worfliip Almighty God, according to the deflates of their
own consciences and understanding : And that no man ought
or of right can be compelled to attend any religious worfliip,
or ere& or support any place of worfliip, or maintain any mi
nistry, contrary to, or against, his own free will and consent:
Nor can any man, who acknowledges the being of a God, be
justly deprived or abridged of any civil right as a citizen, on
account of his religious sentiments or peculiar mode of reli
gions worfliip: And that no authority can or ought to be
veiled in, or affirmed by, any power whatever, that fliall in
any case interfere with, or in any manner controul, the right
of confeience in the free exercise of religious worship.
111. That the people of this ftite have the sole, exclusive
and inherent right of governing and regulating the internal
police of the fame.
IV. That all power being originally inherent in, and con
sequently derived from, the People ; therefore 411 officers of
government, whether legislative or executive, are their trus
tees 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, na
tion or community; and not for the particular emolument
or advantage of any single man, family or ftt rs men who
are a part only of that community: And that the community
hath an indubitable, unalienable and indefeafible right to
reform, alter or abolish government in such manner as fliall
be by that community judged most conducive to the public
weal.
VI, That those who are employed in the legislative and
executive business of the state may be remained from op
pression, the people have a right, at such periods as they
may think proper, to reduce their public officers to a private
Nation, and Supply the vacancies by certain and regular elec
tions.
1/11. That all elections ought to be free; and that all free
men having a Sufficient evident common interest with, and
attachment to the community, have a right to elcfl officers,
or be elected into office.
VIII. That every member of society hath a right to be
protested in the enjoyment of life, liberty and property, and!
therefore is bound to contribute his proportion towards the
expence of that protection, and yield his personal Service,
when necessary, or an equivalent thereto : But no part of a
man's property can be justly taken from him, or applied to
public tiles, without his own confeut, or that of his legal
representatives : Nor can any man who is confcient:GcSy
Scrupulous of bearing arms, be justly compelled 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. , : .
IX. That in all prosecutions for criminal offences, a man
hath a right to be heard by himlelf and his council, to de
niand the eaufe and nature of his accusation, to be confront
ed with the w tneffes, to call for evidence in bis favour, and
a fpedy public trial, by an impartial jury of the country,
without the unanimous consent of which jury he cannot be
found guilty : Nor can he be compelled to give evidence
against himfelf: Nor can any man be justly deprived of his
liberty, except by the laws of the land or the judgment of
his peers. . 'y
X. That the people have a right to hold themselves, their
boufes, papers and possessions free from search or seizure;
and therefore warrants without oaths or affirmations firft made,
affording a fufficient foundation for them, and whereby any
officer or messenger may be commanded or required to search
fufpr&ed places, or to seize any person or options, his or their
property, not particularly defetibed, are contrary to that right,
a d ought not to be granted.
XI That in all controversies refpe&ing property, and in.
furs between man and man, the parties have a right to trial
by jury, which ought to be held Sacred.
XII. That the people have a right to freedom of Speech,
and of writing and publishing their sentiments; therefore the
freedom of the press ought not to be refrained.
XIII. That the people have a right to bear arms for the
defence of themselves and the state; and as standing armies,
in the time of peace,, are dangerous to liberty, they ought
not to be kept tap: And that the military ffiould be kept un
der ftri& subordination to, and governed by, the civil power.
XIV. That a frequent recurrence to the fundamental prin
ciples, and a firm adherence to justice, moderation, temper
ance, indufby and frugality, are absolutely necessary to pre
serve the bleffi; gs of liberty, 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 exa& a due and constant regard to them, from their
legislators and magistrates in the making and executing such
laws as are necessary for the good government of the state,
XV. That all men have a natural inherent right to emigrate
from onellate to another that will receive them, or to form &
new (late in vacant countries, or in such countries as they can
purchase, whenever they think that thereby they may pro
mote their ®wn happiness.
XVI. That the people have a right to assemble together,
to consult for their common good, to inftrua their represen
tatives, and to apply to the legislature for redress or grievanQ
ces, by addiefs, petition or remonftrarce. *
CHAPTER 11.
PLAN or FRAME ^GOVERNMENT.
Section i. r r HE Common-Wealth or State of Pennsylvania
JL Shall be governed hereafter by an Assembly
of the Representatives of the Freemen of the fame, and a
President and Council, in manner and form following—.
SeR. a The Supreme legislative power fliall be vested in.
a Houle of Representatives of the Freemen of the Common-
Wealth or Stare of P nnfytvania.
Seft. 3. The Supreme executive power fliall be veiled in
a President and Council.
SeR. 4. Courts of Jaffee fliall be eftabli/hed m the city
of Philadelphia and in every county of this State.
Seft 5. The Freemen of this Common-Wealth and their
sons shall be trained and armed for its defence, under such
regulations, reftriaions and exceptions as the General Af
f.mbly (hall by law dire&, preserving always to the people
the right of choosing their Colonel arid all commissioned officers
under that rank in such manner and as often as by the said
law, (hall be direaed
Seft. 6. Every freemen of the full age of twenty-one years,
having resided in this State for the space of one whole year
next before the day of eleaion for Representatives, and paid
public taxes during that time, (hall enjoy the right of an elec-'
tor; Provided always, that sons of freeholders of the age of
twenty one years fliall be entitled to vote although they have
not paid taxes.
SeR. j. The House of Representatives of she Freemen of
this Common-Wealth fliall confix of persons meft noted for
wisdom and virtue, to be chosen by the Freemen es every ci
ty and county-of this Common- Wealth refpeaively. And
no person (hall be elcaed units. he has resided in the city or
county for which he (hall be chosen two years immediately
before the said eleaiou ; nor fliall any member while he con
tinues such, bold any other office except in the militia
Se&. 8. No person (hall be capable of being eleaed a
member to serve in the House of Representatives of the Free
men of this Common-Wealth more than four years in seven.
SeA. 9. The members of the House of Representatives
fliall be chosen annually by ballot by the freemen of the
Commmon-Wealth, on the fecund Tuesday in Oaober for
ever, (except this present year) and fliall meet on the fourth
Monday of the fame month, and fliall be Oiled, THE GE
NERAL ASSEMBLY OF REPRESENTATIVES OF THE
FREEMEN OF PENNSYLVANIA, and (hall have power
to chafe their Speaker, the Treasurer of the State, and their
other officers; fit on their own adjournments; prepare bills
and ena& them into laws; judge of the elections and quali
fications of their own members; they may expel a member.