The Pennsylvania journal, or, Weekly advertiser — Philadelphia, Pa., 1776-10-16 00:00:00, page 1

The CONSTITUTION of the Common-Wealth cf
PENNSYLVANIA, as eftablifoed by he GENERAL
CONVENTION elected for that purpose, aud held at Phi
ladelphia, Julv i;th, 17,6, and continued by adjourn
ments to September 18, 1776, (Continued from our Jaft.)
&8. 18. TN order that the freemen of this Common
J Wealth may enjoy the beneht of eleaion as
equally as may be until the representation shall commence,
as dire&ed in the foregoing fe&ron, each couny at its own
choice may be divided into diftrias, hoid Chalons therein,
and elea their Representatives it the county a- d their other
ckaive officers, as thill be hereafter regulated by the Gener
al Affemblv of this date. A^d no inhabitant of this Bate shall
have more than one annual vote at the general ck&ioß for
Representatives in Ass mbly.
&ft. 19. For the prefeat the fnpreme executive council of
this Gate Ihall consist of twelve periods, cholen in the fobow
ing manner : The freemen of the city of Philadelphia, and of
the counties of Philadelphia, Cheftef and Bucks lefpeaivelf
Khali choose by ballot one peifou foi the city and one for each
county afmefaid, tofer^t for three years and no lOßger, at the
time and place for ele&ing representatives in gtner.t assembly.
The freemen of the Counties of Laucatier, York, Cumberland
and Berks (hall in like manner ele& one person for each
county refpedively, to serve as counfellors for two years and
do longer. And the counties of Northampton, Bedford, Nor
thumberland, and Wefimoreland, tefpe&^eiy, (ball in like
manner ele& one perlon for each county, to serve a. Counsel
lors for one year and no longer. Ard at the expiration of the
time for which tac Counfebor was chosen to serve, the free
meo of the city of Philadelphia and of toe feveal counties in
this Bate reflectively, fhallc^a one person t toe as Coun
feiloL for three years and no longer, and so on every third
year forever. By this mode of ete&ion and .continual rota
tion, more men will be trained to public business, there will
in ever - fubfeguent year be found in the council a number of
pedons acquainted ^uh the proceedings of the foregoing years,
whuebe the bufineft wil' be more confidently conduced, and
moreover A . danger of establishing an inconvenient aristocracy
will be eff.&uaUy prevented. AH vacancies in the Council
that may happen by death, resignation u otherwise, shall be fil
led at the r ext general election for representatives in General
Assembly, unless a particular election for that purpose (hall ne
focner appointed by 'he President and Council. No met:ber
of the General Affumby or Delegate in Congress, Shall be
chosen a member of the Council. The President and Vice-
Prefideut (hall be chosen annually by the joint ballot of the
General Assembly and Council, of the members of the Coun
cil. Any person having served as a Councilor for three suc
cessive years, (hall be incapable of holding that office for four
years afterwards. Every member o' the Councn (halt be a
Justice of the Peace for the whole common-wealth, by virtue
of his office.
In case new additional counties fliall hereafter be ereaed
in this state, such county or counties shall elea a Counfehor,
and such county or counties flhall be annexed to th next
neighbouring counties, and (ball take rotation with Inch coun
ties. .
The Council dial! meet annually, at the fame time and
place with the General Assembly.
The treasurer of the state, trustees of the loan-office, naval
officers, collectors of customs or excise, judge of the admi
ralty, attorneys General, Sheriffs and Prothonotories, (hall
not be capable of a feat in the General Assembly, Executive
Council, or Continental Congress.
Seft. xo. The Prefid nt, and in his absence the Vice-Presi
dent, with the Council, five of whom fliall be a quorum, (hall
have power to appoint and cemmiffiohate judges, naval-offi
cers, judge of the admiralty, attorney-general and all other
officers civil and military, except such as are chosen by the
General Assembly, or the people, agreable to this frame of
government and the laws that may be made hereafter ; and
Shall supply every vacancy, in any office, occasioned by death,
resignation, removal or difyualincation, until the office can
be filled in the time and manner directed by law or this con
stitution. They are to correspond with other dates, and
tranfa<ft bufioefs with the officers of government civil and
military ; and to prepare such business as may appear to them
necessary, to lay before the General Assembly. They Shall
fit as judges, to hear and determine on impeachments, taking
to their affidance, for advice only, the justices of the Supreme
court. And shall have power to gjaut pardons and remit
fines, in all cases whatsoever, except in cases of impeachment ;
and in cases of treason and murder, shall have power to grant
reprieves, but not to pardon, until the end of the next ftffions
of Assembly ; but there shall be no r< mission or mitigation of
punishment on impeachments, except by aft of the legisla
ture ; they are also to take care that the laws be faithfully ex
ecuted ; they are to expedite the execution of such raeafures
as may be resolved upon by the General Assembly; and they
may draw upon the treasury for such sums as shall be appro
priated by the House: They may also lay embargoes, or pro
hibit the exportation of any commodity, for any time, not
exceeding thirty days, in the recess of the house only : They
may grant such licence as shall be directed by law, and shall
have power to call together the General Assembly when ne
ceffarv, before the day to which they shall Band adjourned.
The Prefideni shall be commander in chief of the forces of
the state, but (hall not command in person, except advised
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
any Counfellor may enter his dissent, with his realms in (up
port of it. . , .
Sett. at. All commissions mail be in the name, and by the
authority of the Freemen of the Common-wealth of Pennfyl
October i6,l77^ Numb. l767,
PENNSANIA
'$ rTHE
WEEKLY fc^ ^^^^^ ADVERTISER.
CT ^^^w & I ^s^^^mw
WEDNESDAY, =^^.^ . '4^l^ October 1776.
vania sealed with the State Seal, signed by the President or
tice-Prefident, and attested by the Secretary; which Seal shall
be kept by the Council.
S<T 2% Every officer of State, whether judicial or execu
tive, shad be liable 'o be impeached by the General Assem
bly, either when in office, or after his resignation, or removal
foi mal-admiaiftration: All impeachments shall be before the
PreGdent or Vice-Prefideut and Council, who shall hear and
determine the fame.
SeR 23. The judges of the Supreme Court of Judicature
shall b vc fixed falanes, be commissioned for (even years on
ly, though capable of re-appoin ment at theend of that term,
but r;m veable for mifbehaviouf at any time by the General
Assembly ;— f hev shall not be allowed to fit as members in
the C ntinental Congress, Executive Council, or General As
sembly. nor to hod any other office civil or military, nor to
take or receive fees or oerquifites of any kind.
SeR 24. The Supreme Cm t and the several Courts of
Common Pleas of this Common-wealth flrail, b tides the
powers usually exerciled by such Courts, have the powers of a
Court of Chancery, so far as relates to the perpetuating tefti
raony, obtaining evidence from places not within this State,
and the care of the persons and crates of those who are non
competes mentis, and such other powers as may be found neces
sary by future General ABembher, not incoafiftent with this
Conftirution.
SeR i§. Trials shall he by Jury, as heretofore: And it is
recommend d to the Legislature of this State to provide by law
against every corruption or partiality in the choice, return,
or appointment of Juries.
SeR. 26. Courts of Sessions, Common Pleas, and Orphans
Courts shall be held quarterly in each city and county; and
the Legislature shall have power to eftablilh all such other
Courts as they may judge for the good of the inhabitants of
the State. All Courts fliall be open, and justice (hall be im
partially administered, without corruption or unnecessary de
lay? All their officers (hall be paid an adequate but moderate
compensation for their service: And if any officer shall take
greater or other fees than the laws allow him, cither directly
or indiredly, it shall ever after difquahfy him from holding
any office in this State.
Seß.'ii. All profecutioos (lull commence in the name and
by the authority of the Freemen of the Common-wealth of
Pcnnfylvaria; and eC indicCTertfs mail conclude with tbefc
words, " Against the peace and digni yof the fame." The
stile of all proctfs hereafter in this State shall be, The Com
mou-weahh of Pennsylvania.
&fl 28. The person of a debtor, where there is not a
strong presumption of fraud, shall not be continued in prison,
after delivering up, bona fide, all his estate, real and person
al fr the use o' his creditors, in such manner as shall be
bucafter regulated by law All prisoners shall be bailable
by fufficient furcries " unless for capital offences, when the
pro f is evident or pufumo^on gie.t.
Seff. 29 Excessive bail shall net be exaded for bailable
offences, and all fines (haN be modeiate.
Seß.^o. Judices of the Peace shall be elected by the Free
holders of each city and county refpt&ively, that is to fay,
two or more persons may be chosen for each ward, tow rihip
or diftria, as the law shall hereafter dife&: Aid their names
shall be returned to the President in Council, who shall com
m-ffi-nare one or more of them for each ward, towulhip or
dfti& so returning, for seven years, remeveable for mifeon
dudt by the General Assembly r— Bu+ if any city or county,
ward, township or diftri& in this Common wealth, shall he>e
after incline to char ge the manner of appointing their Jufbccs
of the Peace at fettled in this article, the General Assembly
mar make laws to emulate the fame, agreeable to the drihe of
a majority of the freeholders of the city or county, ward,
township of diftria so applying. N > Justice <0 he Peace
ffiall fit in th' General Assembly unless ho firft resign his cem
miffion, nor shall he be allowed to take any fees, nor any fal
lary or allowance except such as the future Legislature may
grant.
SeR. 3r. Sheriffs and Coroners ffiall be elected annually in
each city and county, by the Freemen, that is to fay, twh
persons for each office, one of whom for each, ts to be co'm
miffioned by the President in Council. No person shall con
tinue in the office of Sheriff more than three fiicceffive years,
or be capable of being again elected during four years after
wards. The election shall be held at the fame time and
place appointed for the eleaion of Representatives: And the
Commiffiosers and Assessors, and other (officers chosen by the
people, shall also be then and there ele&ed, as has been usu
al heretofore, until altered or otherwift regulated by the fu
ture legislature of this State.
SeR. 32. All elections, whether by the people or in Gene
ral 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 right to
elect for that time, and fuffer such other penalty as future laws
shall direct. And any person who fliaU directly or indirectly
give, promise or bestow any such rewards to beelcded, shall
be thereby rendered incapable to serve for the enfuiog year.
SeR. 33. All fees, licence raoney, fines and forfeitures
heretofore granted, or paid to the Governor, or his deputies
for the support es government, shall hereafter be paid into
the public treasury, unless altered or abolished by the future
legislature.
SeR. 34, A Register's office for the probate of wills and
granting letters of administration, and an office for the re
cording of deeds, shall he kept in each city and county:
The officers to be appointed by the General Affembiy, re
moveable at their pleasure, and to be commissioned by the
President and Council.
SeR. 35. The printing predTes shall be free to every person
who undertakes to examine the proceedings of the legislature,
or any part of government,
SeR. $6. As every freeman, to preserve his independence
(if without a fufficient estate) ought to have Some pro effion,
calling, trade or farm, whereby he may hcncßly bjofift, chete
can be no necessity for, nor us; in establishing offices ,! pro
fit, the usual tftcas cf which are dependence rd feivility,
unbecoming fitcmen,in the p ilTeflors and expectants; facti
on, contention, corruption and disorder among the people.
But if any man is called into public Service, to the prejudice of
his private affairs, he has a rgh* to a reafurabie compensati
on: And whenever an office thre ugh increase ofc fees, of
otherwise, becomes so profitable as 10 occahon many to apply
for it. the profits ought to be lessened by .he legislature.
Sefl. 37. - The future legislature of this Bate, shall regulate
intails in such a manner as to prevent perpetuities,
Seff. 38. The penal laws as heretofore tried, ihall be re
formed by the future fegiflature of this riiacc, as soon as may
be, and punishments made in some cases leb sanguinary, and
in general more proportionate to the crimes.
SeR. 39 To deter more <tfe&ual:y . -ma the cemmiffion
of crimes, by continued viable punishment of long duration,
and to make sanguinary punishments less necessary ; buu^s
ought to be provided for punishing by hard abcur, hofc who
shall be convicted ofcriraes not capi al ; wherein the crimi-,
Bals shall be employed for the benefit of the public, or for re
paration of injuries done to private perlons : Aid as pe fans
at proper times Shall be admitted to fee the prisoners at tLeic
labour.
SeR. 40. Every officer, whether judicial, executive or mi
litary in authority utder this common wealth, shall take the
following oath or affirmation of allegiance, and general ath
of office before he enters on the execution of his office : ^“C
oath or affirmation of allegiance. " I. — do fivear (or efym)
That I vifl be true and faithful to the Common We^b of PemM-
Tania ; And that I -will not dPeRI, or indireß^ dr % aft or thing
prejudicial or injurious to the conjiitution or G^.r^meni :hereof as
eftablJPed by the Convention." The oath or ,ffi m # 0 . of of
fice. "I — def-wear for affirm) That I vi' faithfully execute
the office cf for <he of and will^ equal rgh. and
justice to all men to the left of my judgment and a!ii;.cs, accord.-
mg io law."
Sell. 41. N° public tax, cullom or coptribu ion dial he
impefed upon, or paid by the people of thi Stat~, xefa
by a law for that purpose: And before any law be mad: f?r
raising it, the purpose for which an. listp be railed Ought
to appear clearly to the legislature to be, of m,e ferricc tp
the community than the money wcuid be if ftp: coJie&ed,
which being well observed, taxes can never be burthens.
Se 3. 42. Every foreigner of good character, mb acmes
to fettle in this State, having tirft taken an oath c, :ffinrati
on ot allegiance to the fame, may purchase, or by other just
fr tans acquire, hold and transfer land or other real estate;
and after one year's residence, fh:b be deemed a free denizea
thereof, and entitled to all the rights of a natural born lub
je<9 of this State, except that he shall not be capable of being
elected a Reptefen a ive until after two years residence.
Seft. 43 The inhabitants of this State Shall have liberty
to fowl and hunt in seas. ruble times on the lands they hold,
and on a>l other lands therein not inciofed ; end in like man
net to fifh in all boatable waters aud others nt private pro,
P e %.
SeR. 44. A fchcol or fchocis shall be edahliflrd m each
county by the legifitor'e, tor the convenient inftroa \,b of
youth, with such 1a arie to the mafteis paid by the pubricas
may enab e them to ioftrua youth at low pricer: And all
ufeful learning shall be duly encouraged and promoted ia
one or more Universities.
SeR. 4.5. Laws for the encouragement of virtue and pre
vention of vice and immorality, shall be made and constant
ly kept in force, and provision shall be made for their due
execution: And all religious focietics or bodris of men here
tofore united or incorporated for the adv nc n % eu of religion
and learning, or for other pious anti chiri able purp fes,
fliall be encouraged and proteaed in the eej yment cf the
privileges, immunities and States which they were accuftom
cd to enjoy, or could of right have enjoyed under the laws
and former constitution of this State.
SeR. 46. The Declaration of Rigtits is hereby declared to
be a part cf the constitution of this Common- wealth, and
ought never to be violated on any presence whatever.
Se^. 47. In order that the freedom of > his Common-wealth
may be preferred inviolate forever, there shall be chosen by
ballot by the fieeinen in each city and county refpeaivJy,
on the fecund Tuesday in October, in the yea ore thousand
seven hundred and eighty three, and on the fecoud 1 uefda,
in October in every seventh year thereafter, two persons in
each city and county of this State, to be called the Council of
Cenfdrs;_who (hall meet together on the second Monday of
November, next ensuing their elc6t.cn; the majority of whom
Shall be a quorum in every case, except as to tailing a C<n
vention, in which two thirds of the whole number ehfid
shall agree; and whose duty it shall be to enquire whether
the constitution has been preserved inviolate in every t art ?
And whether the legislative and executive branches of go
vernment bare performed their duty as guardians of the [ 0^
ple, or assumed to themselves, or exercind other or g er
powers than they are entitled to by the confitures : 1 \ y
are aifo to enquire whether the public taxes hav bee,fr Ily
laid and colleacd in/all parts of this common w. abb, in what
manner the public monies have been difp < fed 0 , and whether
the laws have been duly executed : For these ourpjfes • „y
Shall have power to find for persons, papers and recoils; they
shall have authority to pass public confutes, to order im-