The Philadelphia Directory, 1824, Part 43

Author:
Publication date: 1785
Publisher: Philadelphia
Number of Pages: 554


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II. The congress shall have power to declare the punish- ment of treason; but no attainder of treason shall work cor- ruption of blood, or forfeiture, except during the life of the person attainted.


ARTICLE IV.


SECTION 1.


Full faith and credit shall be given, in each state, to the public acts, records, and judicial proceedings of every other state. And the congress may, by penal laws, prescribe the manner in which such acts, records, and proceeding shall be proved, and the effect thereof.


SECTION II.


I. The citizens of each state shall be entitled to all the privileges and immunities of citizens in the several states.


II. A person charged in any state with treason, felony or other crime, who shall flee from justice and be found in another state, shall, on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime.


III. No person, held to service or labour in one state un- der the laws thereof, escaping into another, shall, in conse- quence of any law or regulation therein, be discharged from such service or labour; but shall be delivered up on claim of the party to whom such service or labour may be due.


SECTION III.


I. New states may be admitted by the congress into this union; but no new state shall be formed or erected within the jurisdiction of any other state, nor any state be formed by the junction of two or more states-without the consent of the legislatures of the states concerned, as well as of the congress.


II. The congress shall have power to dispose of, and make all needful rules and regulations respecting the territory or other property belonging to the United States: and nothing in this constitution shall be so construed as to prejudice any claims of the United States, or of any particular state.


SECTION IV.


The United States shall guarantee to every state in this union, a republican form of government; and shall protect each of them against invasion, and on application of the legis- lature, or of the executive (when the legislature cannot be convened) against domestic violence.


ARTICLE V.


The congress, whenever two-thirds of both houses shall deem it necessary, shall propose amendments to this consti- tution, or on the application of the legislatures of two-thirds of the several states, shall call a convention for proposing amendments; which, in either case, shall be valid to all in- tents and purposes, as part of this constitution, when ratified by the legislatures of three-fourths of tlie several states, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by the congress:


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Provided, that no amendment which may be made prior to the year one thousand eight hundred and eight, shall in any manner affect the first and fourth clauses in the ninth section of the first article; and that no state, without its consent, shall be deprived of its equal suffrage in the senate.


ARTICLE VI.


T. All debts contracted, and engagements entered into, be- fore the adoption of this constitution, shall be as valid against the United States, under this constitution, as under the con- federation.


II. This constitution, and the laws of the United States which shall be made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land, and the judges in every state shall be bound thereby, any thing in the constitution or laws of any state to the contrary notwith- standing.


III. The senators and representatives before mentioned, and the members of the several state legislatures, and all executive and judicial officers, both of the United States and of the several states, shall be bound, by oath or affirmation, to support this constitution; but no religious test shall ever be required as a qualification to any office or public trust un- der the United States.


ARTICLE VII.


The ratification of the convention of nine states shall be sufficient for the establishment of this constitution between the states so ratifying the same.


Done in the convention by the unanimous consent of the states present, the seventeenth day of September, in the year of our Lord one thousand seven hundred and eighty-seven, and of the independence of the United States of America the twelfth. In witness whereof we have subscribed our names. GEORGE WASHINGTON, President,


and delegate from Virginia.


New-Hampshire-John Langdon, Nicholas Gilman.


.Massachusetts-Nathaniel Gorham, Rufus King.


Connecticut -- William Samuel Johnson, Roger Sherman.


New-York-Alexander Hamilton.


New-Jersey-William Livingston, David Brearley, William Patterson, Jonathan Dayton.


Pennsylvania-Benjamin Franklin, Thomas Mifflin, Robert Morris, George Clymer, Thomas Fitzsimons, Jared Ingersoll, James Wilson, Governeur Morris.


Delaware-George Reed, Gunning Bedford, jun. John Dick- inson, Richard Basset, Jacob Broom.


Maryland-James M'Henry, Daniel of St. Thomas Jenifer, Daniel Caroll.


Virginia-John Blair, James Madison, jun.


North-Carolina -- William Blount, Richard Dobbs Spaight. Hugh Williamson.


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South-Carolina-John Rutledge, Chas. C. Pinckney, Charles Pinckney, Pierce Butler.


Georgia-William Few, Abraham Baldwin.


Attest,


WILLIAM JACKSON, Secretary.


AMENDMENTS.


The following articles in addition to, and amendment of, the con- stitution of the United States, having been ratified by the legis- latures of nine states, are equally obligatory with the constitu- tion itself.


I. CONGRESS shall make no law respecting an establish- ment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.


II. A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.


III. 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.


IV. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue, but upon probable cause, supported by oath or affirma- tion, and particularly describing the place to be searched, and the persons or things to be seized.


V. No person shall be held to answer for a capital or other- wise infamous crime, unless on a presentment or indictment of a grand jury, 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: nor shall any person be subject, for the same offence, to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case, to be witness against himself; nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.


VI. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury, of the state and district wherein the crime shall have been committed; which district shall have been previously ascer- tained by law; and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favour; and to have the assistance of counsel for his defence.


VII. In suits at common law, where the value in contro- versy shall exceed twenty dollars, the right of trial by jury shall be preserved; and no fact tried by jury shall be other- wise re-examined in any court of the United States, than ac- cording to the rules of the common law.


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VIII. Excessive bail shall not be required; nor excessive fines imposed; nor cruel and unusual punishment inflicted.


IX. The enumeration, in the constitution, of certain rights shall not be construed to deny or disparage others retained by the people.


X. The powers not delegated to the United States by the constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.


XI. The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another state, or by citizens or subjects of any foreign state.


XII. The electors shall meet in their respective states, and vote by ballot for president and vice president, one of whom, at least shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as president, and in distinct ballots the person voted for as vice-president; and they shall make distinct lists of all persons voted for as president, and of all persons voted for as vice-president, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the government of the United States, directed to the president of the senate; the president of the senate shall, in the pre- sence of the senate and house of representatives, open all the certificates, and the votes shall then be counted: the per- 'son having the greatest number of votes for president shall be the president, if such number be a majority of the whole number of electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as presi- dent, the house of representatives shall choose immediately, by ballot, the president. But in choosing the president, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall con- sist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the house of representatives shall not choose a presi- dent whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the vice- president shall act as president, as in the case of the death or other constitutional disability of the president.


The person having the greatest number of votes as vice- president, shall be vice-president, if such number be a ma- jority of the whole number of electors appointed; and if no person have a majority, then from the two highest numbers on the list, the senate shall choose the vice-president: a quo- rum for the purpose shall consist of two-thirds of the whole number of senators, anda majority of the whole number shall be necessary to a choice.


But no person constitutionally ineligible to the office of' president shall be eligible to that of vice-president of the United States.


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CONSTITUTION OF PENNSYLVANIA,


As ratified in Convention, the 2d day of September, 1790.


WE, the people of the commonwealth of Pennsylvania, ordain and establish this constitution for its government.


ARTICLE I.


§ 1. The legislative power of this commonwealth shall be vested in a general assembly, which shall consist of a senate and house of representatives.


2. The representatives shall be chosen annually, by the citizens of the city of Philadelphia, and of each county respectively, on the second Tuesday of October.


3. No person shall be a representative who shall not have at- tained the age of twenty-one years, and have been a citizen and in- habitant of the state three years next preceding his election, and the last year thereof an inhabitant of the city or county in which he shall be chosen ; unless he shall have been absent on the public business of the United States, or of this state. No person residing' _ within any city, town, or borough, which shall be entitled to a se- parate representation, shall be elected a member for any county ; nor shall any person residing without the limits of any such city. town, or borough, be elected a member therefor.


4. Within three years after the first meeting of the general as- sembly, and within every subsequent term of seven years, an enu- meration of the taxable inhabitants shall be made, in such manner as shall be directed by law. The number of representatives shall, at the several periods of making such enumeration, be fixed by the legislature, and apportioned among the city of Philadelphia and the several counties, according to the number of taxable inhabi- tants in each ; and shall never be less than sixty, nor greater than one hundred. Each county shall have at least one representative ; but no county, hereafter erected, shall be entitled to a separate re- presentation, until a sufficient number of taxable inhabitants shall be contained within it to entitle them to one representative, agreea- ble to the ratio which shall then be established.


5. The senators shall be chosen for four years, by the citizens of Philadelphia and of the several counties at the same time, in the same manner, and at the same places where they shall vote for re- presentatives.


6. The number of senators shall, at the several periods of making the enumeration before mentioned, be fixed by the legislature and apportioned among the districts formed as hereinafter directed, ac- cording to the number of taxable inhabitants in each ; and shall ne- ver be less than one-fourth, nor greater than one'third, of the num- ber of representatives.


7. The senators shall be chosen in districts, to be formed by the legislature ; each district containing such a number of taxable inha- bitants as shall be entitled to elect not more than four senators. When a district shall be composed of two or more countie's, they


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shall be adjoining. Neither the city of Philadelphia nor any county, shall be divided, in forming a district.


8. No person shall be a senator who shall not have attained the age of twenty-five years, and have been a citizen and inhabitant of the state four years next before his election, and the last year thereof an inhabitant of the district for which he shall have been chosen ; unless he shall have been absent on the public business of the United States, or of this state.


9. Immediately after the senators shall be assembled, in conse- quence of the first election, subsequent to the first enumeration, they shall be divided, by lot, as equally as may be, into four classes. The seats of the senators of the first class shall be vacated at the expiration of the first year ; of the second class, at the expiration of the second year; of the third class, at the expiration of the third year; and of the fourth class, at the expiration of the fourth year; so that one-fourth may be chosen every year.


10. The general assembly shall meet on the first Tuesday of De- cember in every year, unless sooner convened by the governor.


11. Each house shall choose its speaker and other officers; and the senate shall also choose a speaker, pro tempore, when the speak- er shall exercise the office of governor.


12. Each house shall judge of the qualifications of its members. Contested elections shall be determined by a committee, to be se- lected, formed, and regulated in such manner as shall be directed by law. A majority of each house shall constitute a quorum to do business : but a smaller number may adjourn from day to day, and may be authorized, by law, to compel the attendance of absent members, in such manner, and under such penalties, as may be provided.


13. Each house may determine the rules of its proceedings ; punish its members for disorderly behaviour; and, with the con- currence of two-thirds, expel a member; but not a second time for the same cause, and shall have all other powers necessary for a branch of the legislature of a free state.


14. Each house shall keep a journal of its proceedings, and pub- lish them weekly, except such parts as may require secrecy. And the yeas and nays of the members, on any question, shall, at the desire of any two of them, be entered on the journals.


15. The doors of each house, and of committees of the whole, shall be open, unless when the business shall be such as ought to be kept secret.


16. Neither house shall, without the consent of the other, ad- journ for more than three days, nor to any other place than that in which the two houses shall be sitting.


17. The senators and representatives shall receive a compensa- tion for their services, to be ascertained by law, and paid out of the treasury of the commonwealth. They shall, in all cases except treason, felony, and breach or surety of the peace, be free from ar- rest, during their attendance at the session of the respective privi- leged houses, and in going to and returning from the same. And for any speech or debate in either house, they shall not be ques- tioned in any other place.


18. No senator or representative shall, during the time for which


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he shall have been elected, be appointed to any civil office, under this commonwealth, which shall have been created, or the emolu- ments of which shall have been increased, during such time ; and no member of congress, or other person holding any office, except of attorney at law, and in the militia, under the United States or this commonwealth, shall be a member of either house, during his continuance in congress, or in office.


19. When vacancies happen in either house, the speaker shall issue writs of election to fill such vacancies.


20. All bills for raising revenue shall originate in the house of representatives ; but the senate may propose amendments, as in other bills.


21. No money shall be drawn from the treasury, but in conse- quence of appropriations made by law.


22. Every bill, which shall have passed both houses, shall be presented to the governor. If he approve, he shall sign it; but if he shall not approve, he shall return it, with his objections, to the house in which it shall have originated, who shall enter the objec- tions at large upon their journals, and proceed to reconsider it. If, after such reconsideration, two-thirds of that house shall agree to pass the bill, it shall be sent, with the objections, to the other house, by which, likewise, it shall be reconsidered ; and if approved by two-thirds of that house, it shall be a law. But, in such cases, the votes of both houses shall be determined by yeas and nays; and the names of the persons voting for or against the bill shall be en- tered on the journals of each house respectively. If any bill shall not be returned by the governor within ten days (Sundays except- ed) after it shall be presented to him, it shall be a law, in like man- ner as if he had signed it, unless the general assembly, by their adjournment, prevent its return; in which case, it shall be a law, unless sent back within three days after their next meeting.


23. Every order, resolution, or vote, to which the concurrence of both houses may be necessary, (except on a question of adjourn- ment,) shall be presented to the governor ; and, before it shall take effect, be approved by him; or, being disapproved, shall be re- passed by two-thirds of both houses, according to the rules and li- Initations prescribed in case of a bill.


ARTICLE II.


§ 1. The supreme executive power of this commonwealth shall be vested in a governor.


2. The governor shall be chosen on the second Tuesday of Oc- tober, by the citizens of the commonwealth, at the places where they shall respectively vote for representatives. The returns of every election for governor, shall be sealed up and transmitted to the seat of government, directed to the speaker of the senate, who shall open and publish them, in the presence of the members of both houses of the legislature. The person having the highest number of votes shall be governor. But, if two or more shall be equal and highest in votes, one of them shall be chosen governor by the joint vote of the members of both houses. Contested elec- tions shall be determined by a committee, to be selected from both houses of the legislature, and formed and regulated in such manner as shall be directed by law.


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3. The governor shall hold his office during three years from the third Tuesday of December next ensuing his election ; and shall not be capable of holding it longer than nine in any term of twelve years.


4. He shall be at least thirty years of age, and have been a citi- zen and inhabitant of this state seven years next before his elec- tion; unless he shall have been absent on the public business of the United States, or of this state. -


5. No member of congress, or person holding any office under the United States, or this state, shall exercise the office of gover- nor.


6. The governor shall, at stated times, receive for his services a compensation which shall be neither increased nor diminished during the period for which he shall have been elected.


7. He shall be commander in chief of the army and navy of this commonwealth, and of the militia; except when they shall be called into the actual service of the United States.


8. He shall appoint all officers, whose offices are established by this constitution, or shall be established by law, and whose appoint- ments are not herein otherwise provided for; but no person shall be appointed to an office within any county who shall not have been a citizen and inhabitant therein ene year next before his ap- pointment, if the county shall have been so long erected ; but, if it shall not have been so long erected, then within the limits of the county or counties out of which it shall have been taken. No mem- ber of congress from this state, or any person holding or exercising any office of trust or profit under the United States, shall, at the same time, hold or exercise the office of judge, secretary, trea- surer, prothonotary, register of wills, recorder of deeds, sheriff, or any office in this state, to which a salary is by law annexed, or any other office which future legislatures shall declare incompati- ble with offices or appointments under the United States.


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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continue therein until the determination of such contested election, and 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. He 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 them.


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.




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