USA > Pennsylvania > Philadelphia County > Philadelphia > The Philadelphia Directory, 1823 > Part 41
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9. He shall have power to remit fines and forfeitures, and grant reprieves and pardons, except in cases of impeachment.
10. He may require information, in writing, from the officers in the executive department, upon any subject relating to the duties of their respective offices.
11. He shall, from time to time, give to the general assembly in- formation of the state of the commonwealth, and recommend to their consideration such measures as he shall judge expedient.
12. He may, on extraordinary occasions, convene the general assembly : and, in case of disagreement between the two houses, with respect to the time of adjournment, adjourn to such time as he shall think proper, not exceeding four months.
13. He shall take care that the laws be faithfully executed.
14. In case of the death or resignation of the governor, or of his removal from office, the speaker of the senate shall exercise the office of governor, until another governor shall be duly qualified. And if the trial of a contested election shall continue longer than until the third Tuesday in December next ensuing the election of governor, the governor of the last year, or the speaker of the senate, who may be in the exercise of the executive authority, shall
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contimie therein until the determination of such contested election, ail until a governor shall be qualified as aforesaid.
15. A secretary shall be appointed and commissioned during the governor's continuance in office, if he shall so long behave himself well. Ile shall keep a fair register of all the official acts and pro- ceedings of the governor, and shall, when required, lay the same, and all papers, minutes, and vouchers relative thereto, before either branch of the legislature ; and shall perform such other du- ties as shall be enjoined him by law.
ARTICLE III.
§ 1. In elections by the citizens, every freeman, of the age of twenty-one years, having resided in the state two years next before the election, and within that time paid a state or county tax, which shall have been assessed at least six months before the election, shall enjoy the rights of an elector : Provided, that the sons of per- sons qualified as aforesaid, between the ages of twenty-one and twenty-two years, shall be entitled to vote, although they shall not have paid taxes.
2. All elections shall be by ballot, except those by persons in their representative capacities, who shall vote viva voce.
3. Electors shall, in all cases, except treason, felony, and breach or surety of the peace, be privileged from arrest during their at- tendance on elections, and in going to and returning from then.
ARTICLE IV.
$ 1. The house of representatives shall have the sole power of impeaching.
2. All impeachments shall be tried by the senate. When sit- ting for that purpose, the senators shall be upon oath or affirma- tion. No person shall be convicted without the concurrence of two-thirds of the members present.
3. The governor, and all other civil officers, under this com- mouwealth, shall be liable to impeachment for any misdemeanor in office. But judgment in such cases shall not extend further than to removal from office, and disqualification to hohl any office of honour, trust, or profit, under this commonwealth. The party, whether convicted or acquitted, shall, nevertheless, be liable to indicunent, trial, judgment, and punishment, according to law.
ARTICLE V.
§ 1. The judicial power of this commonwealth shall be vested in a supreme court, in courts of over and terminer and general gaol delivery, in a court of common pleas, orphans' court, regis- ier's court, and a court of quarter sessions of the peace, for each county, in justices of the peace, and in such other courts as the legislature may, from time to time, establish.
2. The judges of the supreme court, and of the several courts of common pleas, shall hold their offices during good behaviour. But, for any reasonable cause, which shall not be sufficient ground of impeachment, the governor may remove any of them, on the address of two-thirds of each branch of the legislature. The judges of the supreme court, and the presidents of the several courts of common pleas, shall, at stated times, receive for their services an adequate compensation, to be fixed by law, which shall
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not be diminished during their continuance in office; but they shall receive no fees or perquisites of office, nor hold any other office of profit under this commonwealth.
3. The jurisdiction of the supreme court shall extend over the state; and the judges thereof shall, by virtue of their officers, be justices of oyer and terminer and general gaol delivery, in the se- reral counties.
4. Until it shall be otherwise directed by law, the several courts of common pleas shall be established in the following manner : The governor shall appoint, in each county, not fewer than three, nor more than four judges, who, during their continuance in office, shall reside in such county. The state shall be divided by law into circuits, none of which shall include more than six, nor fewer than three counties. "A president shall be appointed of the courts in each circuit, who, during his continuance in office, shall reside therein. The president and judges, any two of whom shall be a quorum, shall compose the respective courts of common pleas.
5. "The judges of the court of common pleas in each county shall, by virtue of their offices, be justices of oyer and terminer, and ge- neral gaol delivery, for the trial of capital and other offenders therein ; any two of the said judges, the president being one, shall be a quorum; but they shall not hold a court of oyer and terminer or gaol delivery in any county, when the judges of the supreme court, or any of them, shall be sitting in the same county. The party accused, as well as the commonwealth, may, under such re- gulations as shall be prescribed by law, remove the indictment and proceedings, or a transcript thereof, into the supreme court.
6. The supreme court, and the several courts of common pleas, shall, beside the powers heretofore usually exercised by them, have the powers of a court of chancery, so far as relates to the per- petuating testimony, the obtaining of evidence from places not within this state, and the care of the persons and estates of those who are non compos mentis; and the legislature shall vest in the said courts such other powers, to grant relief in equity, as shall be found necessary; and may from time to time, enlarge or diminish those powers, or vest them in such other courts as they shall judge proper, for the due administration of justice.
7. The judges of the court of common pleas of cach county, any two of whom shall be a quorum, shall compose the court of quarter sessions of the peace, and orphans' court thereof: and the register of wills, together with the said judges, or any two of them, shall compose the register's court of each county.
8. The judges of the courts of common pleas shall, within their respective counties, have the like powers with the judges of the supreme court, to issue writs of certiorari to the justices of the peace, and to cause their proceedings to be brought before them, and the like right and justice to be done.
9. The president of the court in each circuit, within such cir- cuit, and the judges of the court of common pleas, within their respective counties, shall be justices of the peace, so far as relates to criminal matters.
10. The governor shall appoint a competent number of justices of the peace, in such convenient districts, in each county, as arc
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or shall be directed by law ; they shall be commissioned during good behaviour; but may be removed on conviction of misbeha- viour in office, or of any infamous crime, or on the address of both houses of the legislature.
11. A register's office, for the probate of wills and granting let- ters of administration, and an office for the recording of deeds, shall be kept in each county.
12. The style of all process shall be, the commonwealth of Penn- sylvania ; all prosecutions shall be carried on in the name and by the authority of the commonwealth of Pennsylvania, and conclude, against the peace and dignity of the same.
ARTICLE VI.
§ 1. Sheriff's and coroners shall, at the times and places of elec- tion of representatives, be chosen by the citizens of each county. Two persons shall be chosen for each office, one of whom, for each respectively, shall be appointed by the governor. They shall hold their offices for three years, if they shall so long behave them- selves well, and until a successor be duly qualified; but no person shall be twice chosen or appointed sheriff, in any term of six years. Vacancies in either of the said offices shall be filled by a new ap- . pointment, to be made by the governor, to continue until the next general election, and until a successor shall be chosen and quali- ted as aforesaid.
2. The freemen of this commonwealth shall be armed and dis- ciplined for its defence. Those who conscientiously scruple to bear arms, shall not be compelled to do so ; but shall pay an equi- valent for personal service. The militia officers shall be appointed in such manner, and for such time, as shall be directed by law.
3. Prothonotaries, clerks of the peace, and orphans' courts, re- corders of deeds, registers of wills, and sheriffs, shall keep their offices in the county town of the county in which they respectively shall be officers; unless when the governor shall, for special rea- sons, dispense therewith for any term not exceeding five years, after the county shall have been erected.
4. All commissions shall be in the name and by the authority of the commonwealth of Pennsylvania, and be sealed with the state seal, and signed by the governor.
5. The state treasurer shall be appointed annually, by the joint vote of the members of both houses. All other officers in the treasury department, attornies at law, election officers, officers re- lating to taxes, to the poor, and highways, constables, and other township officers, shall be appointed in such manner as is or shall be directed by law.
ARTICLE VII.
§ 1. The legislature shall, as soon as conveniently may be, proe vide by law for the establishment of schools throughout the state, in such manner that the poor may be taught gratis.
2. The arts and sciences shall be promoted, in one or more se- minaries of learning.
3. The rights, privileges, immunities, and estates, of religious societies and corporate bodies, shall remain as if the constitution of this state had not been altered or amended,.
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ARTICLE VIII.
Members of the general assembly, and all officers, executive and judicial, shall be bound, by oath or affirmation, to support the constitution of this commonwealth, and to perform the duties of their respective offices with fidelity.
ARTICLE IX.
That the general, great, and essential principles of liberty and free government may be recognised und unalterubly established, we de- clare :
1. That all men are born equally free and independent, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty, of acquiring, pos- sessing, and protecting property and reputation, and of pursuing their own happiness.
2. That all power is inherent in the people; and all free go- vernments are founded on their authority, and instituted for their peace, safety, and happiness. For the advancement of those ends, they have, at all times, an unalienable and indefeasible right to alter, reform, or abolish their government, in such manner as they may think proper.
3. That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences : and no man can, of right, be compelled to attend, erect, or sup- port any place of worship, or to maintain any ministry, against his consent; that no human authority can, in any case whatever, con- trol or interfere with the rights of conscience : and that no prefer- ence shall ever be given, by law, to any religious establishments or modes of worship.
4. That no person, who acknowledges the being of a God and a future state of rewards and punishments, shall, on account of his religious sentiments, be disqualified to hold any office or place of trust or proft under this commonwealth.
5. That elections shall be free and equal.
6. The trial by jury shall be as heretofore, and the right thereof remain inviolate.
7. That the printing presses shall be free to every person who undertakes to examine the proceedings of the legislature, or any branch of government; and no law shall ever be made to restrain the right thereof. The free communication of thoughts and opi- nions is one of the invaluable rights of man : and every citizen may freely speak, write, and print on any subject, being responsible for the abuse of that liberty. In prosecutions for the publication of papers investigating the official conduct of officers, or men in publie capacity, or when the matter published is proper for pub- lic information, the trutir thers af may be given in evidence. And, in all indictments for libels, the jury shall have a right to deter- mine the law and the facts, under the direction of the court, as in other cases.
8. That the people shall be secure in their persons, houses, pa- pers, and possessions, from unreasonable searches and seizures : and that no warrant to search any place or to seize any person or
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things, shall issue, without describing them as nearly as may be, nor without probable cause, supported by oath or affirmation.
9. That, in all criminal prosecutions, the accused hath a right to be heard by himself and his counsel : to demand the nature and cause of the accusation against him : to meet the witnesses face to face ; to have compulsory process for obtaining witnesses in his favour; and, in prosecutions by indictment or information, a speedy, public trial, by an impartial jury of the vicinage : that he cannot be compelled to give evidence against himself, nor can he be de- prived of his life, liberty, or property, unless by the judgment of bis peers, or the law of the land. '
10. That no persons shall, for any indictable offence, be pro- ceeded against criminally by information, except in cases arising in the land or naval forces, or in the militia when in actual service, in time of war or public danger, or, by leave of the court, for op- pression and misdeameanor in office. No person shall, for the same offence, be twice put in jeopardy of life or limb ; nor shall any man's property be taken or applied to public use, without the consent of his representatives, and without just compensation be- ing made.
11. That all courts shall be open; and every man, for an injury done him in his lands, goods, person, or reputation, shall have re- medy by the due course of law, and right and justice administered without sale, denial, or delay. Suits may be brought against the commonwealth in such manner, in such courts, and in such cases, as the legislature may by law direct.
12. That no power of suspending laws shall be exercised unless by the legislature or its authority.
13. That excessive bail shall not be required, nor excessive fines imposed, nor cruel punishments inflicted.
14. That all prisoners shall be bailable by sufficient sureties, un- less for capital offences, when the proof is evident, or presump- tion great; and the privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion, the public safety may require it.
15. That no commission of oyer and terminer or gaol delivery shall be issued.
16. That the person of a debtor, where there is not strong pre- sumption of fraud, shall not be continued in prison after delivering up his estate for the benefit of his creditors in such manner as shall be prescribed by law.
17. That no ex post facto law, nor any law impairing contracts, shall be made.
18. That no person shall be attainted of treason or felony by the legislature.
19. That no attainder shall work corruption of blood, nor, ex- cept during the life of the offender, forfeiture of estate to the com- monwealth : that the estates of such persons as shall destroy their own lives, shall descend or vest as in case of natural death; and if any person shall be killed by casualty, there shall be no forfeiture by reason thereof.
20. That the citizens have a right in a peaceable manner, to as- semble together for their common good, and to apply to those in-
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vested with the powers of government for redress of grievances, or other proper purposes, by petition, address, or remonstrance.
21. That the right of the citizens to bear arms, in defence of themselves and the state, shall not be questioned.
22. That no standing army shall, in time of peace, be kept, up, without the consent of the legislature; and the military shall in all cases, and at all times, be in strict subordination to the civil power.
33. That no soldier shall in time of peace, be quartered in any house, without the consent of the owner, nor, in time of war, but in a manner to be prescribed by law.
24. That the legislature shall not grant any title of nobility or hereditary distinction, nor create any office the appointment to which shall be for a longer term than during good behaviour.
25. That emigration from the state shall not be prohibited.
26. To guard against transgressions of the high powers which we have delegated, we declare, that every thing in this article, is excepted out of the general powers of government, and shall for ever remain inviolate.
SCHEDULE.
That no inconvenience may arise from the alterations and amend. ments in the constitution of this commonwealth, and, in order to carry the same into complete operation, it is hereby declared and orduined :
1. That all laws of this commonwealth, in force at the time of making the said alterations and amendments in the said constitu- tion, and not inconsistent therewith, and all rights, actions, prose- cutions, claims, and contracts, as well of individuals as of bodies corporate shall continue as if the said alterations and amendments had not been made.
2. That the president and supreme executive council shall con- tinue to exercise. the executive authority of this commonwealth, as heretofore, until the third Tuesday of December next; but no intermediate vacancies in the council shall be supplied by new elections.
3. That all officers in the appointment of the executive depart- ment, shall continue in the exercise of the duties of their respec- tive offices until the first day of September, one thousand seven hundred and ninety-one, unless their commissions shall sooner expire by their own limitations, or the said offices become vacant by death or resignation, and no longer, unless reappointed and commissioned by the governor; except that the judges of the su- premie court shall hold their offices for the terms in their commis- sions respectively expressed.
4. That justice shall be administered in the several countics of this state until the period aforesaid, by the same justices, in the same courts, and in the same manner, as heretofore.
5. That no person now in commission as sheriff, shall be eligible at the next election for a longer term than will, with the time which he shall have served in the said office, complete the terni of three years.
6. That, until the first enumeration shall be made, as directed in the fourth section of the first article of the constitution esta- blished by this convention, the city of Philadelphia and the several
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counties shall be respectively entitled to elect the same number of representatives as is now prescribed by law.
7. That the first senate shall consist of eighteen members, to be chosen in districts, formed as follows, to wit : The city of Phi- ladelphia and the counties of Philadelphia and Delaware shall be a district, and elect three senators : the county of Chester shall be a district, and shall elect one senator : the county of Bucks shall be a district, and shall elect one senator : the county of Montgomery shall be a district, and shall elect one senator: the county of Northampton shall be a district, and shall elect one senator : the counties of Lancaster and York shall be a district, and shall elect three senators : the counties of Berks and Dauphin shall be a dis- trict, and shall elect two senators: the counties of Cumberland and Mifflin shall be a district, and shall elect one senator : the counties of Northumberland, Luzerne, and Huntingdon, shall be a district, and shall elect one senator: the counties of Bedford and Franklin shall be a district, and shall elect one senator : the counties of Westmoreland and Alleghany shall be a district, and shall elect one senator : and the counties of Washington and Fay- ette shall be a district, and shall elect two senators : which sena- tors shall serve until the first enumeration before mentioned shail be made, and the representation in both houses of the legislature shall be established by law, and chosen as in the constitution is di- rected. Any vacancies which shall happen in the senate, within the said time, shall be supplied as prescribed in the nineteenth sec- tion of the first article.
8. That the elections of senators shall be conducted, and the returns thereof made to the senate, in the same manner as is pre- scribed by the election laws of the state for conducting and making returns of the election of representatives. In those dis- tricts which consist of more than one county the judges of the dis- trict elections within each county, after having formed a return of the whole election within the county, in such manner as is directed by law, shall send the same, by one or more of their number, to the place hereinafter mentioned within the district, of which such county is a part, where the judges, so met, shall com- pare and cast up the several county returns, and execute, under their hands and seals, one general and true return for the whole district ; that is to say, the judges of the district composed of the city of Philadelphia, and the counties of Philadelphia and Dela- ware, shall meet in the state house in the city of Philadelphia; the judges of the district composed of the counties of Lancaster and York, shall incet at the court house in the county of Lancaster ; the judges of the district composed of the counties of Berks and Dauphin, shall mect at Middletown in the county of Berks; the judges of the district composed of the counties of Cumberland and Mifflin, shall meet in Greenwood township, county of Cum- berland, at the house now occupied by David Miller; the judges of the district composed of the counties of Northumberland, Lu- zerne, and Huntingdon, shall meet in the town of Sunbury; the judges of the district composed of the counties of Bedford and Franklin, shall meet at the house now occupied by John Dickey, in Air township, Bedford county ; the judges of the district com-
Appendix.
posed of the counties of Westmoreland and Alleghany, shall meet in Westmoreland county, at the court house in the town of Greensborough ; the judges of the district composed of the counties of Washington and Fayette, shall meet at the court house in the town of Washington, in Washington county, on the third Tuesday in October respectively, for the purposes afore- said.
9. That the election of the governor shall be conducted in the several counties, in the manner prescribed by the laws of the state for the election of representatives: and the returns in each county shall be sealed by the judges of the elections, and trans- mitted to the president of the supreme executive council, di- rected to the speaker of the senate, as soon after the election as may be.
Done in convention, the second day of September, in the year of our Lord one thousand seven hundred and ninety, and of the Independence of the United States of America the fif. teenth. In testimony whereof we have hereunto subscribed our names.
THOMAS MIFFLIN, President.
James Wilson,
William Reed,
Hilary Baker,
Benjamin Tyson,
William Lewis,
Benjamin ·Pedan,
Thomas M'Kean,
Matthew Dill,
George Gray,
William Irvine,
William Robinson, jun.
James Power,
Robert Hare,
Joseph Heister,
Enoch Edwards,
Christian Lower,
Samuel Ogden,
Abraham Lincoln,
Thomas Jenks, jun.
Paul Groscop,
John Barclay,
Baltzer Gehr,
Abraham Stout,
Samuel Sitgreaves,
William Gibbons,
John Arndt,
Thomas Bull,
Peter Rhoads.
James Boyd,
Joseph Powell, John Piper,
Robert Coleman,
Charles Smith,
Sebastian Graff,
Simon Snyder,
John Hubley,
William Findley,
John Breckbill,
William Todd,
Henry. Miller,
Alexander Addison,
Henry Slagle,
John Hoge,
David Reddick,
Jolın Gloninger,
James Ross,
William Brown,
John Smilie, Albert Gallatin,
Timothy Pickering, Andrew Henderson,
John Gibson,
James M'Lene, George Matthews, James Morris, Lindsey Coats, Jonathan Shoemaker, Attest,
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