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shall be convicted without the concurrence of two-thirds of the memo ber's present.

III. Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold any office of honor, trust or profit under this commonwealth; but the party convicted shall nevertheless be liable to indictment, trial, judgment and pun. ishment according to law.

ARTICLE V.

Section I. The judicial power of this commonwealth shall be vested in a high court of chancery and a supreme court, the jurisdiction of each of which shall extend over the state; in the courts of chancery and of oyer and terminer and general jail delivery, hereinafter mentioned; in a court of cominon pleas, orphans' court, register's court and court of quarter sessions for each county; and in such other courts as the legislature may, from time to time establish. But no special commission of oyer and terminer or jail delivery shall be issued.

II. The chancellor of the commonwealth, the judges of the supreme court, and the judges of the several courts of common pleas shall be commissioned and hold their offices during good behaviour; and shall, at stated times, receive for their services, a compensation, which shali not be diminished during their continuance in office: But the governor may remove any of thein on the address of two-thirds of each branch of the legislature.

III. The chancellor, in addition to the other powers and duties of his office, shall cause to be tried, by a jury, such material facts as either party shall require to be so tried; provided a specification of the facts be made in writing.

IV. The supreme court and the several courts of common pleas shall, besides the powers usually exercised by such courts, have the powers of a court of chancery, so far as relates to the obtaining of evidence from places without the state.

V. Until it shall be otherwise directed by the legislature, the several courts of common pleas shall be established in the following man. ner: The state shall, by law, be divided into circuits, any of which shall include not more than nor fewer than

counties: A president shall be appointed for the several courts in each circuit, who, during his continuance in office, shall reside within such circuit; and one judge shall be appointed from every county within such circuit, who, during his continuance in office, shall reside within such county: Such president and judges, or any three of them, shall be the judges who shall compose the several courts of common pleas,

VI. The judges of the courts of common pleas respectively, during their continuance in office, shall, the president being one of them, be justices of oyer and terminer and general jail delivery, for the trial of capital and other offenders, for each of the counties within the said circuits respectively: But they shall not hold a court of oyer and terrniner and general jail delivery in any county when the judges of the supreme court, or some of them shall be sitting in the same county.

VII. The judges of the courts of common pleas respectively, shall during their continuance in office, be justices of the courts of quarter ses. sions for each of the counties within

the said circuits respectively: And they shall, when sitting in a county, compose the orphans' court and register's court for that county: But the judge, who shall reside therein, and the register of wills may, at all other times, hold such courts, subject to the revision and decrees of the orphans' court upon appeal or otherwise.

VIII. The judges of the courts of common pleas shall have the like powers with the judges of the supreme court to issue writs of certiorari to the justices of the peace within the several counties respectively, and to cause their proceedings to be brought before them, and the like right and justice to be done.

IX. The judges of the courts of common pleas shall be conservators of the peace within the several counties of the circuits, in which they shall be empowered to hold courts.

X. A court of chancery shall be establishd within each of the said circuits, except that in which the high court of chancery shall be stea. dily held, and the president of the said courts of common pleas respectively, shall hold the same, and be stiled the chancellor of such circuit: He shall possess and exercise therein the like powers with the chancel.. lor of the commonwealth, except the power of granting injunctions to stay the proceedings or suspend the judgments of any common law courts: The mode of proceeding shall be the same as shall be used in the high court of chancery. From any interlocutory or final decree in the chancery of any circuit, there shall be an appeal to the chancellor of the commonwealth.

XI. A competent number of justices of the peace for each county, shall from time to time, be ascertained by law; and the citizens of each county respectively, shall at the general election, choose double that number, or of the vacancies that may happen, and return their names to the governor, who shall appoint and commission, for so long they behave themselves well, half the number so elected and returned: But this mode of appointment may be altered as the legislature shall by law direct.

XII. 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.

XIII. Prothonotaries, clerks of the peace and orphans' courts, recorders 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. And circuit officers shall keep their offices in some county town within their circuits respectively.

XIV. The stile of all process shall be The commonwealth of Pennsylvania: All prosecutions shall be carried on in the name and by the authority of the commonwealth of Pennsylvania, and shall conclude, Against the peace and dignity of the same.

years, if

.

ARTICLE VI.

Section I. Sheriffs and coroners shall, at the places of the election of representatives, be chosen for three years, by the citizens of each county respectively; two persons shall be chosen for each office, one of whom for each shall be commissioned by the governor; no person shall continue in the office of sheriff'more than three years successively.

II. The freemen of this commonwealth shall be armed and disciplined for its defence; the militia officers shall be appointed in such man, ner, and for such time as shall be by law directed

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All debts contracted and engagements entered into, before the establishment of this constitution, shall be as valid against the commonwealth, under this constitution, as they have been heretofore.

ARTICLE VIII.

Section I. A school or schools shall be established in each county for the instruction of youth, and the state shall pay to the masters such salaries as shall enable them to teach at low prices.

II. The arts, sciences and all useful learning shall be promoted in one or more universities.

III. Religious societies and corporate bodies shall be protected in their rights, immunities and estates.

Ordered to lie on the table. Whereupon,on motion of Mr. Findley, seconded by Mr. James Ross, Ordered, That Wednesday next be assigned for the second reading of the said report, and that it be the order of that day. Adjourned until Wednesday next, at ten o'clock, A. M.

WEDNESDAY, December 23, 1789. A. M. The convention met pursuant to adjournment. The committee appointed the eleventh of December, made a further report, which was read as follows, viz.

ARTICLE IX.

That the great and essential principles of liberty and free government may be recognised and unalterably established, WE DECLARE,

I. That all men are born equally free and independent, and have certain inherent and indefeasible rights, among which are those of enjoying and defending lite and liberty, of acquiring, possessing and protecting property and reputation, and of pursuing their own happiness.

II. That all power being originally vested in is derived from the people, and all free governments originate from their will, are founded on their authority, and instituted for their common peace, safety and happiness; and for the advancement thereof, 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. III. That all men have a natural and indefeasible right to worship Al. mighty God according to the dictates of their own consciences, and that no man ought, or of right can be compelled to attend any religious worship, or to erect or support any place of worship, or to maintain any ministry against his free will and consent; and that no hu. man authority can controul or interfere with the rights of conscience in any case whatever; nor shall any preference ever be given, by law, to any religious establishments or modes of worship.

IV. That no person who acknowledges the being of a God and a future state of rewards and punishments, shall, on account of his reli

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gious sentiments, be disqualified to hold any office or place of trust or profit under this commonwealth,

V. That elections shall be free and equal.

VI. That trial by jury shall be as heretofore, and the right thereof shall remain inviolate,

VII. 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. restraining the right thereof. The free communication of thoughts and opinions is one of the most invaluable rights of man, and every citizen may freely speak, write and print, being responsible for the abuse of that liberty.

VIII. That the people shall be secure in their persons, houses, papers and possessions against unreasonable searches and seizures, and no warrant shall issue to search any place, or to seize any person or things, but on probable cause, supported by oath or affirmation, and describing them as nearly as may be.

IX. That in all criminal prosecutions the accused hath a right to be heard by himself and his counsel; to demand the cause and nature of the accusation; to meet the witnesses face to face; to have cumpulsory process for obtaining witnesses in his favor, and a speedy public trial by an impartial jury of the vicinage; nor can he be compelled to give evidence against himself; nor can any man be deprived of his life, liberty or property but by the judgment of his peers or the law of the land.

X. That no persons shall be proceeded against by information for any indictable offence, 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, 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 on just compensation being made.

XI. That all courts shall be open, and every freeman for an injury done him in his lands, goods, person or reputation, shall have remedy by the due course of the law, and right and justice administered to him without sale, denial or delay.

XII. That no power of suspending laws, or the execution thereof, shall be exercised, unless by the legislature or by the authority thereof.

XIII. That excessive bail shall not be required, nor excessive fines imposed, or cruel punishments inflicted.

XIV. That all prisoners shall be bailable by sufficient sureties, unless for capital offences, when the proof is evident or presumption 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.

XV. That the person of a debtor, where there is not a strong presumption of fraud, shall not be continued in prison after delivering up all his estate for the benefit of his creditors, in such manner as shall be prescribed by law.

XVI. That no expost facto law, or law impairing contracts shall be made.

XVII. That no person shall be attainted of treason or felony by the legislatura

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XVIII. That no attainder shall work corruption of blood or forfeite ure of real estate, except during the life of the offender.

XIX. That the right of the citizens to bear arms in defence of them- * selves and the state, and to assemble peaceably together, and apply in a decent manner, to those invested with the

powers

of government, for redress of grievances or other proper purposes, shall not be questioned.

XX. That those who conscientiously scruple to bear arms shall not be compelled to do so, but shall pay an equivalent for personal service.

XXI. 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 kept in strict subordination to the civil power.

XXII. 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.

XXIII. That the legislature shall, at no time, create any office the appointment to which shall be for a longer term than during good behaviour.

XXIV. That emigration from the state shall not be prohibited.

XXV. To guard against transgressions of the high powers which we have delegated, WE DECLARE, That every thing in this article ex. pressed, is excepted out of the general powers of legislation, and shall for ever remain in violate.

And on motion, and by special order, the same was read the seoond time, whereupon, on motion of Mr, Addison, seconded by Mr. Hare,

Resolved, That the convention resolve itself into a committee of the whole, to take into consideration the report of the said committee.

Whereupon the president left the chair, and Mr. M'Kean was placed therein.

After some time spent in the business referred to them, the chair. man left the chair, and the president resumed it.

The chairman then reported, that the committee of the whole had made progress in the business referred to them, and requested leave ta sit again to-morrow. Leave was accordingly granted.

Adjourned until ten o'clock, to-ingrrow, A. M.

On Thursday, December the 24th, Saturday the 26th, Monday the 28th, Tuesday the 29th, and on Wednesday the 30th, the convention in committee of the whole reported further progress in the business referred to them on the 23d.

THURSDAY, December 31, 1789. A. M. The convention met pursuant to adjournment. A return of an election held within the county of Dauphiu, of a member to represent the said connty in this convention, in the room of Jacob Cook, Esq. deceased, was presented to the chair and read, by which it appeared that Alexander Graydon, Esq. was duly elected, who appearing in the house was admitted to take his seat.

A letter from Jonas Phillips, in behalf of himself and others, Israelites, was read, and ordered to lie on the table.

Agreeably to the order of the day the convention resolved itself into a committee of the whole. And after some time the committee reported further progress and obtained leave to sit again.

Adjourged until ten o'clock to-morrow, A. M,

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