The Pennsylvania journal, or, Weekly advertiser — Philadelphia, Pa., 1776-09-18 00:00:00, page 1

See. 9. The members of the House of Representatives Shall
be chosen annually by ballot, by the freemen of the common
wealth, on the firft Monday of October for ever (except this
present year) and GWI meet on the third Monday ofthe fame
month; and fltail be Riled " The General Affernbly of the
Representatives of the Freemen of Pennsylvania," and Shall
have power to choose thei: Speaker,, the Tieafurer of the Rate,
and their other officers; fit on their own adjournments, pre
pare bills, and ena& the fame into laws; judge of the elec
tions and qualifications of their own members. They may
expel, but not a Second time in the fame f Rious, if the mem
ber expelled is rc-ele&ed by the fame condiments; they may
administer oaths or affirmations on examination of witnesses;
redress grievances, impeach criminals, and Shall have all other
powers necessary for the legislature of a free Rate or common
wealth : But they Shall have no power to add to, alter, abolish,
or infringe any part of this conft turion.
Se&. 10. A quorum of the H use of R' prefentatives Shall
conlift of two thirds of the whole dumber of memb^rs He&ed;
and, having met and chosen their Speaker, shall each of them,
before they proceed to buhnefs, take and luhfcribe, as well
the oath or affirmation of fidelity a r d allegiance herein after
dire&ed, as the following oath or affi mation, viz.
“ I -— do fivear (or affi ni) that, as a member of
“ this Assembly, I wii not propose, or assent to, any bill,
“ vote or revolution, which Shall appedejo be injurious to he
" people, nor do or confront to a v a& or thing whatever
“ that Shall have a tendency to leffeu or abridge their rights
" and privileges as declared in the constitution of this Rate,
46 but will, in all things, conduct myfelf as a faithful, honed
" Representative and Guardian of the people, and according
"to the bR 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 Governor of
“ the universe."
SeR. ri. Delegates, to represent this Rate in Congress, Shall
be chosen by ballot by the future House of Representatives at
their firft meeting, and annually forever after. ^Any Delegate
may be faperceded at any time, by the General Affernbly ap
pointing another in his Read. No man Shall fit in Congress
longer than two years successively, nor be capable of re-elec
tion for three years afterwards.'
Sect. rx. If any county or counties Shall neglect or refufe
to ele& and lend Representatives to the General Assembly,
the Representatives '-of the other counties, provided they are
two thirds of the members from the counties that do fend,
shall have all the powers of the House of Representatives as
fully and amply as if the whole were present.
Set 13. The doors of the House, in which the Reprefeu
tatives of the freemen of this Rate Shall fit in General AfTem
bly, Shall be and remain open for the admission of all persons
who behave decently, except only when the welfare of the
Rate may require the doors to be Shut.
Sett. 14. The votes and proceedings of the House of Re
prefeutaives ffiall be printed weekly, during their fitting,
with the yeas and nays on each act, queftioa, vote or reso
lution, where any two members require it, except when<the
vote is taken by ballot.
SeR. 15. All bills of a public nature shall be read thres
times on three different days, in the House of Representa
tives; add after the third reading, fhali be formed "and
published tor public confederation ; at lead seven days before
they reread a fourth time, and Shall then be again fubje&
to debate and amendment, before they ate enacted into laws;
and, except on occasion of sudden neceftty, shall not be
enacted till the then next fitting of the House
The proposed PLAN nr FRAME of GOVERNMENT for
the Commonwealth or S ate of PENNSYLVANIA.
[Printed tor Confidera<ion.]
Sett. x. r yHE commonwealth or Rate of Pennsylvania shall
£ be governed hereafter by an Affernbly of the
Representatives ot the freemen of the fa,me, and a President
and Council, in manner and form following :
See. 1. The Supreme legislative power Shall be veiled in a
Houle of Representatives of the freemen of the commonwealth
vr date of Pennsylvania.
Set 3. The Supreme executive power Shall be veiled in a
President and C uncil.
Seft. 4. Courts of justice Shall be eßabliflied in the city of
Philadelphia, and in every county of inis date.
SeH. 5. The freemen of this commonwealth or Rate Shall be
trained and armed for its defence. And the militia Shall have
Such frequent elections of iheir officers (general officers except
ed) ?« Shall be regulated from time to rirue ty militia laws;
the officers to be commissioned by the President in Council.
Sett. 6. Every freeman, of the lull age of twenty-one years,
having resided in this date or commonwealth for the Space of
one whole year next before the day of ele&ion, and paid
public taxes during that tigii Shall enjo^ the rights of an
ele&or on raking an oah or affirmation of fidelity to the com
,onwealrh, if required.
Sett. 7. The House of Representatives of the freemen of
this common wealth Shall consist of members,
persons most noted for wisdom and virtue, to be chosen by
the freemen of the city of Philadelphia, and the counties of
tris commonwealth refpeaively. And no perlon shall be
eie&ed unless he has resided in the place for which he shall
be chosen two years immediately before said ele&ion; dor
shall any member, while he continues such, hold any other
office, except in the militia.
See 8. No peffon shall be capable of being elected a mem
ber to serve in the House of Representatives of the freemen
of this commonwealth more thari four years in seven years.
Nor Grab any one perlon serve more than four years fuccef
fivelv.
September 18, 1776. fy, g^ Numb. 176%
^KLY ADVERTISER.
^^^§o^ws^J^ ^ ißl^f^o^^ e^^^^w^^^^ws
^EDNESDAT, t^^^t September 18, 1776.
©s©^^s§s£sSsss§O^B^M^O^^^^^^^ssSss©s^W^sW^
Set. 16. The Rile of thelaws of this commonwealth (hall be,
this " Be it enabled, and it :s berthy enaded, by the Representatives of
" the freemen of he commonwealth of Pennsylvania, in General As
" fembly met, and by the authority of the feme." And the Ge
neral ARmbly Shall affix their leal to every bill, as soon as
it is enabled into a 'a v ; which leal fhaii be kept by the Af
fcmlily, and shall be called The seal of the laws of Pennsylvania,
and Ihall not be used for any other purpose.
Set 17. [Not drawn up in form ; but after considerable
debate, it was on motion, Resolved, That the freemen
of the counties may vote in diftri&s ; and also, that at
those didri& eh ebons, they shall vote for all the mem
bers for the Affernbly in one general ticket, out of the
.county at large.]
Sett. l3 The Supreme Executive Council shall consist of
true members, to be chosen in the. following Banner, viz.
Nme Cowafellors Arab be chosen by the House of Represen
tatives, within one week after a quorum ^ 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 respec
tively shall be supplied by new eleaions, to be made in the
House of Representatives, of one thud annually for ever. No
member of the House of Representatives shall be chosen a
member of the Council; vacancies by death, or otherwise,
shall be filled by the House of Representatives, at their next
fitting. The Prehdent and Vice-President shall be chosen
ari dually by the joint ballot of the House of Representatives
and Council, out of the members of the Council. No per
son shall be President for a longer space of time than three
yeais 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.
Sett. 19. The President, and in his absence the Vice-Presi
dent, 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 of
ficers 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 difqualificatiop. until the office can
be filled in the time and manner <m<G< v - by law ot this con
stitution. They arc to correspond wit-h other Rates, and
tranfa& bufioefs with the officers of government civil and mi
litary; and to prepare such business as may be necessary to
lay before the General Affernbly.—They thall fit as Judges to
hear and determine on impeachments, and shall have power
to grant pardons and remit fines in all cases whatfbever, ex
cept in cases of imptachmen., treason and murder; and in
cases of treason and murder, shall have power to grant re
prieves until the end of the n:xt fiffions of Assembly, and no
longer: Eut there shall be no temiffion or mitigation of pu
nishment on impeachments, or fr high t^eaf mor murder,
except by a& of the legislature. They are also to take care
that the laws be faithfully executed; they a<e to expedite the
execution of such measures as may be resolved upon by the
H >ufe of R pretentarives, and they may draw upon the Trea
sury for such sums as Ihall be appropriated by the House.
They may also lay embargoes, or prohibit the exportation of
any commod ty tor any time not exceeding thirty days, in the
recess ot the House o<dy : Ard shall have power to call to
gether the House of Representatives, when necessary, before
the day to which they shall hand adjourned. The Prelident
shall be Commander in Chief of the forces of the state, but
shall not command in person, except adv-fed thereto by the
Council, and then only so long as they shall approve thereof.
The President and Council shall have a Secretary, and keep
fair books of their proceedings, wherein anv Counsellor may
enter his dissent, with his reasons in fuppo/. of it.
Seft. 20. All commissions shall be in the name, and by the
authority of the freemen of the commonwealth of Pcnnfylva
nia, sealed with the Rate fcal, and attested by the Secretary.
The said seal to be kept by the Council.
SeR. xr. Every officer of Rate, whether judicial or execu
tive, shall be liable to be impeached by the House of Repre
sentatives, either when in office or after his removal, for mal
adminiftratior. All impeachments shall be before the Presi
dent or Vice-President and Council, who shall hear and deter
mine the fame;
Seff. 22. No member of the Council shall be capable of
holding a feat in the House of Representatives, during the
time of bis being a Counfellof: But he shall, by his office,
be a Justice of Peace for the whole Rate.
SeR. 23. The Judges of the Supreme Court of Judicature
shall have fixed fabrics, be commillibned for fevtn 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 fit in the Continental
Congress, Executive Council or House of Representatives,
mor to hold any other office civil or military, nor to take or
receive fees or perquifres of any kind.
Sett. 24. The Supreme Court shall have the powers of a
Court cf 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 Rate, and the care of the eßates and persons of
those who are non compos mentis, as they shall be hereafter
regulated by law.
Sell. 25. Trials shall be by jury as heretofore: And it is
recommended to the legislature of this Rate, to provide by
law against every corruption, or partiality in the choice, re
turn, or appointment of juries.
Se&. 16, Courts of Sessions and Common Pleas shall be
held quarterly in the city, and in each county; and the legif-
Utute shall have power to efUbl.fh all such other courts, as
they may judge sot the good of the inhabitants of the Rate.
All courts shall be open, ^nd jußice shall be impartially ad
ministered without corruption and unnecessary delay. All
their officers shall be paid an adrquate but moderate compen
sation for their services. And if any officer fliall take greater
fees than the laws allow him, either directly or indirectly,
it shall ever after disqualify him from holding any office in
this Rate.
Se&. %,. All prosecutions shall commence in the name,
and by the authority, of the freemen of the commonwealth
of Pennsylvania; and all indi<Rme> ts dial conclude with
thrfe words, against the peace and dignity of the fame. The
stile of all process hereafter in this Rate fhaii be, The common
wealth of Pennsylvania.
Sett. 18 The person of a debtor, where there is not a
fttong prefumptiori of intended fraud, shall not be continued
in prison after delivering up all his eftite, real and pcifonal,
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 presumption great.
Sell. 29. Excessive bail shall not be ev&ed for bailable
offences. And all fines shall be moderate, and saving mens
tenements, apparel, bedding, and necessary tools of tlceix
trade of calling.
Seff 30 Justices of the peate shall he elected by the free
men of the city and counties respectively, that is to fay.
Two persons shall be chosen for each ward, tpwnfhip, or
diftria, as the laws shall hereafter dirc^; ^n&htir names
shall be returned to the Ibefideot and tyuncil, who ihall
commission one of them for fev„ y'tears, rdmoveablc for mis
conduct by the Houle of Representatives, and re-eligible at
the end of that time. No Justice of the Peace shall fit in the
House of Representatives, unless he firft resign his com
mission, nor shall be allowed to take^ny fees nor any salary
or allowances, except f^ch as a tuthfe legislature may grant,
in consideration of expeuces ncceffarily incurred by theit
journeying to, and attending on, public courts.
Sett. 31. Sheriffs and Coroners shall be elected annually,
in each county, by the freemen; that is to fay, Two persons
for each office, one ot whom is to be commissioned by the
President iu^ouncil. No person shall continue in the office
of flicriff more than three successive years, or be capable of
being again ele&ed during four years afterwards.
Se&. 32. All elections, whether by the people or in
General Affernbly, shall be by ballot, free and voluntary.
And any ele&or, who shall receive any gift or reward for his
vote, in meat, drink, monies, or otherwise, shall forfeit his
right to eleft for that time, and fuffer such other penalty as
future laws ihall direct. And any person who shall, dire&ly
or indirectly, give, promise, or bellow any such rewards to
be eie&ed, shall be thereby rendered incapable to serve for
the ensuing year.
Seft. 33. Every ele&or, before he votes at the firft general
election for Representatives in Affernbly, and if required,
at any general election hereafter, shall rake the foilowing
oath or affirmation, unless he shall produce a certificate from
fume justice of the peace, that he had, before that time,
taken the fame, v ; z.
“ I do swear (or affirm) that I will bear true allegi
“ ance to the commonwealth of Pennfylvaßta, and wilt ac
“ cording to my abilities, preserve the freedom thereof:
" And, that I will also, to the bed of my judgment, vote
" only for such persons as I do esteem of fidelity and know
" ledge, worthy and capable of executing the truß reposed
“ in them."
Sebt. 34. Al! fees and pcrquifite<, fines and forfeitures,
and every other emolument whatever, heretofore granted or
paid to the Proprietary and Governor, or his deputies, fox
the support of government, shall hereafter be paid into the
public treasury, unless altered or aboliflied by the future le
gislature.
Se^. 35. A Register's office for the probate of wills and
granting letters of adminiftation, and an office for the re
cording of deeds, shall be kept in each coun y, the officers
to be appointed by the House of Representatives, removea
ble at their pleasure, and to be commissioned by the Prefix
dent in Council.
Se&. 36. The printing presses Hull be free to every perfty t
wbo undertakes to examine the proceeding of the legiflat\y re
or any part of the government; and the House of Reptfefen
tatives ihall not pass any adt to restrain it. Nor (b a | | aBV
printer be restrained from printing any remarks, Rr'i&ures or
observations on the proceedings of the General Affernbly,
or any branch of government, or any public proceeding
whatever ; or on the coadu& 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 a&ual war, concerning
our Itrength, weakness, d.ifpofition, or any other thing which
may serve the enemy, vad injure the State.
Soft. 37. As every freeman, to preserve his own indepen
dance (it without a sufficient estate) ought to have feme ptp
feffion, calling, trade or farm, whereby he may honeßly fib
fift, there can be no ncceffity for, nor use in cßabli&fy of
fices of protit, the usual effects of which are dependence and
servility, unbecoming freemen, in the possessors and expeft
ants, fa&ioa, contention, corruption and disorder, among the
people. Burif any man is called into public service, to the pre
judice of his private affairs, he has a right to expert a tea
fonable compensation for his services; and whenever an of
fice, through increase of fees, or otherwise, becomes so pro
fitable as to occasion many to apply for it, the profits Ought
to be, and ffiali be lessened by the legislature. °
Seft. 38. The future legislature of this Rate Shall regulate
entails in such a manner as to prevent perpetuities. °
&a. 32. The penal laws^ as heretofore uftd, shall be re-