The Pennsylvania gazette — Philadelphia, Pa., 1776-09-18 00:00:00, page 4

before they are read a fourth time; and shall then be
^gain fubje& to debate and amendment, before they are
enacted into laws; and, except on occasion of sudden
neteffity, shall not be enacted till the then next fitting of
the Houle.
Sea. 16. The stile of the laws of this Commonwealth
ffiall be, " Be it enabled, and it is hereby enabled, by the
JRe; recitatives of the Freemen of the Commonwealth of
ft^,'mania, in General Assembly met, and by the autho
rity 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 shall be kept by the Assembly, and shall be
tailed, The fees! of the laws of Pennsylvania, and shall not
H used for any other purpose.
Seß.ii. [Not drawn up in form; but after consider
able debate, it was on motion Resolved, That the
freemen of the counties may vote in diftrids; and
also, that at those diftria elections, they shall vote
for all the members for the Assembly in one general
ticket, out of the county at large.]
Bed. 18. The Supreme Executive Council shall consist
of nine members, to be chosen in the following manner,
viz. Nine Counfellors shall be chosen by the House of
Representatives, within one week after a quorum is met
and qualified, which said Counfellors 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; whose places respectively shall be supplied by new
elections, to be made in the Mouse of Representatives,
of one third annually for ever. No member of the House
of Representatives shall be chosen a member of the Coun
cil; vacancies by death, or otherwise, shall be filled by
the House of Representatives, at their next fitting. The
President and Vice-Prelident shall be chosen annually by
the joint ballot of the House of Representatives and
Council, out of the members of the Council. No per
son shall be Prelident fora longer space of time than three
years together; and any person, having served in that
Ration for three successive years, shall be incapable of
that office for the space of four years afterwards.
Sed. 19. The President, and in his absence the Vice-
President, and members shall be a quorum, and
have power to appoint and commiffionate Judges, Naval
Officers, Judge of the Admiralty, Attorney General,
and all other officers civil and military, other than such
as are to be chosen by the House 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, removal
or disqualification, until the office can be filled in the
time and manner directed by law or this constitution.—
They are to correspond with other States, and tranfad
bulinefs with the officers of government civil and mili
tary; and to prepare such business as may be necessary
to lay before the General Assembly.—They shall fit as
Judges to hear and determine on impeachments, and
shall have power to grant pardons and remit fines in all
cases whatsoever, except in cases of impeachment, trea
son 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 of punishment on impeach
ifaents, or fcr high treason or murder, except by ad of
the legislature. They are also to take care that the laws
be faithfully executed ; they are to expedite the execu
tion of such measures as may be resolved upon by the
House of Representatives, and they may draw upon the
Treafurf for such sums as shall be appropriated by the
House. They may also lay embargoes, or prohibit the
exportation of any commodity, for any time not exceed
ing thirty days, in the recess of the House only: And
shall have power to call together the House of Repre
sentatives, when necessary, before the day to which they
shall stand adjourned. The President shall be Com
mander in Chief of the forces of the State, but shall
not command in person, except advised thereto by the
Council, and then only fb long as they shall approve
thereof. The President and Council shall have a Secre
tary, and keep fair books of their proceedings, wherein
any Councillor may enter his dissent, with his reasons
in funport of it.
Sea. 20, All commissions shall be in the name, and by
the authority of the freemen of the Commonwealth of
Pennsylvania, sealed with the State seal, and attested by
the Secretary. The said seal to be kept by the Council.
Seß. 21. Every officer of State, whether judicial or
'executive, shall be liable to be impeached by the House
cf Representatives, either when in office or after his re
moval, for mal-adminiftratipn All impeachments shall
be Before the President or Vice-President and Council,
who shall hear and determine the fame.
Sett. 11. 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 State.
Sea. 23. The Judges of the Supreme Court of Judi
cature 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 Representatives; they shall not be allowed to fit in
the Continental Congress, Executive Council or House
of Representatives, nor to hold any other office civil or
military, nor to take or receive fees or perquisites of any
kind.
Seht. 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, difeovery of
frauds, perpetuating testimony, obtaining evidence from
places not within this State, and the care of the estates
and persons of those who are non compos mentis, as they
shall be hereafter regulated by law.
Se&. 25. Trials shall be by jury as heretofore: And it
is recommended to the Legislature of this State, to pro
vide by law against every corruption or partiality in the
choice, return or appointment of juries.
Sea. 26. Courts of Sessions 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 :hey may judge for the good of the inhabitants
of the State. All courts shall be open, and justice shall
be impartially administered without corruption and un
necessary delay. All their officers shall be paid an ade
quate but moderate compenfati m for their services. And
if any officer shall take greater fees than the laws allow
him, either directly or indirectly, it shall ever after dif
qnaiify him from holding any office in this State.
Sell. 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
nTr7 T "* — • 7mnCT - OT7 're%ta te& t MtCT t=t m te <rc^to&v^ >nr,M^
PHILADELPHIA: Printed by HALL and S E LLE RS, at the NEw PR 1 & ting-
Office, near the Market.
stile of ill process hereafter in this State shall be, The Com
monwealth of Pennsylvania.
SeC. 28. The person of a debtor, where there is not a
strong presumption of intended fraud, shall not be con
tinued in prison after delivering up all his estate, real and
personal, for the life of his creditors, in such manner as
shall hereafter be regulated by law ; and all prisoners shall
be bailable by fufficient sureties, unless for capital offences,
When the proof is evident, or presumption great.
Seß. 29. Excessive bail shall not be exacted for bailable
offences. And all fines shall be moderate, and faying
mens tenements, apparel, bedding, and the necessary
tools of their trade or calling.
Sett. 30. Justices of the Peace shall be elected by the
freemen of the city ^nd counties refpedtively, that is to
fay, Two persons shall be chosen for each ward, town
ship or diftria, as the laws shall hereafter direct ; and
their names shall be returned to the Prelident and Coun
cil, who shall commission one of them for seven years,
removeable for mifeondudt by the House of Representa
tives, and re-eligible at the end of that time. No Justice
of the Peace shall fit in the House of Representatives, un
less he firft resign his commission; nor shall hebe allowed
to take any fees nor any salary or allowances, except such
as a future Legislature may grant, in consideration of ex
pences necessarily incurred by their journeying to, and
attending on, public courts.
SeT. 31. Sheriffs and Coroners shall be elected annual
ly, in each county, by the freemen ; that is to fay, Two
persons for each office, one of whom is to be commission
ed by the President in Council. No person shall continue
in the office of Sheriff more than three successive years,
or be capable of being again elected during four years
afterwards.
Seff. 32. All elections, whether by the people or in
General Assembly, shall be by ballot, free and voluntary.
And arty elector, who shall receive any gift or reward for
his vote, in meat, drink, monies, or otherwise, shall
forfeit his right to cleft for that time, and fuffer such
other penalty as future laws shall direct. And any per
son who shall, directly or indirectly, give, promise or
bestow any such rewards to be elected, shall be thereby
rendered incapable to serve for the ensuing year.
Seß. 33. Every elector, before he votes at the firft ge
neral election for Representatives in Assembly, and, if re
quired, at any general election hereafter, shall take the
following oath or affirmation, unless he shall produce a
certificate from some Justice of the Peace, that he had,
before that time, taken the fame, viz.
" I do fauear (or affirm) that I will bear true
" allegiance to the Commonwealth of Pennsylvania, and
'' will, according to my abilities, preserve the freedom
" thereof: And that I will also, to the be ft of my judgment,
" vote only for such persons as I do esteem of fidelity and
" knowledge, worthy and capable of executing the truji
" reposed in them."
Sett. 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 support of government, shall hereafter be paid into
the public treasury, unless altered or abolished by the fu
ture legislature.
Se&. 35. A Register's office for the probate of wills and
granting letters of administration, and an office for the
recording of deeds, shall be kept in each county; the
officers to be appointed by the House of Representatives,
removeable at their pleasure, and to be commissioned by
the President in Council.
Sett. 36. The printing presses shall be free to every per
son who undertakes to examine the proceedings of the
legislature, or any part of the government; and the
House of Representatives shall not pass any aft to restrain
it. Nor shall any printer be retrained from printing any
remarks, ftriftures or observations on the proceedings
of the General Assembly, or any branch of government,
or any public proceeding 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 014 strength, weakness,
disposition, or any other thing which may serve the ene
my, and injure the State.
Seß. 37. As every freeman, to preserve his own inde
pendance (if without a fufficient estate) ought to have
some profeffion, calling, trade or farm, whereby he may
honestly subsist, there can be no necessity for, nor use in
establishing offices of profit, the usual effeds of which are
dependance and servility, unbecoming freemen in the
possessors and expectants, faction, contention, corrup
tion 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 so profitable as to occasion
many to apply for it, the profits ought to be, and shall
be lessened by the legislature.
Sett. 38. The future legislature of this State shall regu
late intails in such a manner as to prevent perpetuities.
Sea. 39. The penal laws, as heretofore used, shall be
reformed by the future Legislature of this State, as soon
as may be, and punishments made, in some cases, less san
guinary, and in general more proportionate to the crimes.
In the mean time the laws shall remain in full force as
they now stand, except such as declare any allegiance to
the King of Great-Britain, or vest any authority in the
Proprietors or late Governor of this State, or which are
in any wife repugnant to, or inconsistent with this coh
ftitution.
Seft. 40. Houses ought to be erected for punishing by
hard labour, those who are guilty of crimes not capital,
wherein the criminals shall be employed for the benefit of
-the public, or for reparation of injuries done to private
persons.
Seß. 41. No man, or sett of men, of any denomination
or profeffion, are intitled to particular privileges or ex
emptions from punishment for offences; therefore the
words " without benefit of clergy," where the punish
ment is death, ought to be hereafter disused in legisla
tion, and the punishments inflicted that shall be directed
by law.
Se&. 42. All officers fliall take an oath or affirmation to
endeavour to preserve this constitution inviolate, and to
gether with the oath or affirmation pertaining to the of
fice.
SeR. 43. No money or goods shall be raised upon or
paid by any of the people of this State, by way of public
tax, custom or contribution, except by a law made for
that purpose ; and before any law be made for railing it,
the purpose for which any tax is to be raised ought to
appear clearly to the legislature, to be of more service to
the community than the money would be, if not colle&-
ed; Which beirig well observed, taxes can never be bur
thens.
Sebt. 44. Every foreigner of good character, who comes
to fettle in this State, having firft taken an oath or affir
mation of allegiance to the fame, may purchafc, or by
other just means acquire and hold laud or other real
estates; and after one year's residence shall be deemed
a free denizen thereof, and entitled to ail the rights of
a natural born freeman of this State, except that he shall
not be capable of election as a Representative until after
two years residence.
See. 45. The inhabitants of this State shall have liberty
to fowl and hunt, in seasonable times, on the lands they
hold, and on all other lands therein not inclofed; and in
like manner to fifh in all boatable waters, and others not
private property.
Sett. 46. A.fchool or schools shall be established in each
county by the legislature, for the convenient inftru&ion
of youth, with such salaries to the matters, paid by the
public, as may enable them to inftrud youth at low prices:
And all ufeful learning shall be duly encouraged and pro
moted in one or more universities.
Sea. 47. Laws for the encouragement of virtue and
prevention of vice and immorality, shall be made and
conftantiy kept in force, and provision shall be made for
their due execution. 1
Sea. 48. No article of the declaration of rights of this
State ought ever to be violated on any pretence whatever.
Sett. 49. In order that the freedom of the Common
wealth may be preferred inviolate for ever, there shall be
chosen by ballot, on the firft Monday in October, in the
year one thousand seven hundred and eighty-three, and
on the firft Monday in October in every seventh year
thereafter, two persons in the city of Philadelphia, and
two in each county of this State, to be called the Council
of Censors, who shall meet together on the fecund Mon
day of November next ensuing their election, the majority
of whom shall be a quorum, and whose duty it shall be to
enquire whether the present constitution has been pre
served inviolate in every part? And whether the legisla
tive or executive branches of government have performed
their duty as Guardians of the people, or assumed to
themselves or exercised other or greater powers than they
are intitled to by this present constitution. They are also
to enquire whether the public taxes have been justly laid
and collected in all parts of the Commonwealth; in what
manner the public monies have been disposed of, and
whether the laws have been duly executed. For these
purposes they shall have power to fend for persons, papers
and records ; they shall have authority to pass public cen
sures, to order impeachments, and to recommend to the
legislature the repealing such laws as appear to them to
have been enacted contrary to the principles of the con
ftitwtion. These powers they shall continue to have for
and during the space of one year from the day of their
election, and no longer. The said Council of Censors
shall also have power to order the calling a Convention to
meet within two years after their fitting, if there appear
to them an absolute necessity of amending any article of
this constitution, which may be defective, explaining such
as may be thought not clearly expressed, and of adding
such as are necessary for the preservation of the rights and
happiness of the people : But the articles to be amended,
and the amendments proposed, and such articles as are
proposed to be added or abolished, shall be promulgated
at least fix months before the day appointed for the elec
tion of such Convention, for the previous consideration
of the people, that they may have an opportunity of in
ftruding their Delegates on the fubjed.
PHILIP MARCHINTON
HA TH removed his flock of GOODS, from his store in
Market-street, to his store at his Woollen Manufactory,
in Front-street, between Market and Chestnut-streets, which are
brown and black broadcloths, English and India black, pink,
green, and cloth coloured paduafoys; blue, orange, and doth
coloured, plain and flowered fattin damask ; striped and fprigeed
pink and white, and blue and white tobines ; silk lorettas and
charlottes; black and cloth coloured silk and hair grograms;
cloth coloured silk breeches patterns, black and cloth coloured
silk stockings; blue, black and purple, bell double top genuine
cotton velvets ; black and brown best silk ^ hair pluffi, &c.
He continues taking in Wool ; Spinners and Weavers may
have full employ.^
Port of Philadelphia, ) t
ptyjl^ia, ~ j T ° a " whom ma y concern.
NOTICE is hereby given, that a Court of Admiralty
will be held at the State-house, in the city of Philadel
phia, on Friday, the 27th day of September infiant, ai^ er
clock in the forenoon of the fame day, then and there to try the
truth of the falls alledged in the bill of Isaiah Robinfun, Com
mander of the aimed (loop, called the Sachem (who, a$
&c.) against the brigantine, or vessel, called the Three Friends
burthen about So tons, with her guns, tackle, appared, fureitu^
and cargoe, lately commanded by Andrew Stalker. To the erf
and intent that the owner or owners of the said brigantine, t^
cargoe, &c. or any person concerned therein, may affor mg
ffiew cause, if any they have, why the fame mould not fee
demned according to the prayer of the said bill.
By order of the fudge,
Lancaster Goal, AuguJl 26, 4776.
WA S committed to my custody as a runaway fereacat, a
certain John Connor, who fays he belongs to Mz.
Thomas Barr, living in the Neck near Baltimore; his fr& %
if any he has. is desired to come, in three weeks from fr^^
hereof, pay charges and take him away, otherwise he w^ te
then difeharged, on paying his fees. Made his efca^ ^^
the goal of this county, a certain Stephen Archer, 3 fer#^ ^
Mr. Benjamin Rittenhoufe, pretends to be a Gun-lo^-s^CT.
and to have wrought at the Cun Fa&ory in Philadelphia: fe^
about s;feet 6 inches, high, pock-pitted, stoop shouldered, b$ a
mark on his cheek resembling that of a blackberry, and ptafr
cularly describe& by said Rittenhoufe; whoever fecuros &S.
Archer in any goal in the State of Pennsylvania, so that i a^y
have him again, shall have Forty Shillings reward, and re^^.^fe
charges, paid by Peter Riblet, C©&r. §
Amboy, September 5, 1776,
THE firft and third divisions of Artillery of the Phila
delphia Associators having served with chcariulnefs
and alacrity at this post, and otherwise difeharged then
duty as good soldiers from the time of the firft march of
the troops from Philadelphia, are hereby regularly dif
eharged from their present station at Amboy, and to re
turn to their families, with my hearty thanks in behalf
of the public.
DANIEL ROBERDEAU, Brig. Gen.
To Samuel Mifflin, Esq; Colonel of the
Train of Artillery of Philadelphia.