網頁圖片
PDF
ePub 版

ments of which shall have been increased during such time: And no person holding any office, except in the militia, under this commonwealth or the United States, shall be a member of either house during his continuance in office..

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

XXIII. All bills for raising revenue shall originate in the house of representatives; but the senate may propose or concur with amende ments, as in other bills.

XXIV. No money shall be drawn from the treasury, but in consequence of appropriations made by law.

XXV. Every bill which shall have passed the house of representatives and the senate, shall, before it become a law, be presented to the governor. If he approve, he shall sign it; but if he shall not approve it, he shall return it, with his objections, to that house in which it shall have originated, who shall enter the objections at large upon their journal, and proceed to re-consider it. If after such re-consideration, threefifths of that house shall agree to pass the bill, it shall be sent together with the objections, to the other house, by which it shall likewise be re-considered, and if approved by three-fifths of that house, it shall become a law. But in all such cas. 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 entered upon the journals of each house respectively. If any bill shall not be returned by the governor within ten days (Sundays excepted) after it shall be presented to him, the same shall be a law in like manner as if he had signed it, unless the general assembly, by their adjournment, prevent its return, in which case it shall not be a law.

XXVI. Every order, resolution or vote, to which the concurrence of the senate and house of representatives may be necessary (except on, a question of adjournment) shall be presented to the governor, and be. fore the same shall take effect, be approved by him; or, being disapproved by him, shall be re-passed by three-fifths of the senate and house of representatives, according to the rules and limitations prescribed in case of a bill.

ARTICLE II.

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

II. He shall hold his office during the term of three years; and shall be chosen on the

Tuesday of October, in every third year, by the citizens throughout the commonwealth, at the places where they shall respectively vote for representatives.

Ill. He shall not be capable of holding his office longer than nine years successively; nor shall he be capable of being elected again till three

years after the nine successive years shall have been expired. IV. He must be, at least, thirty years of age; and he must have been an inhabitant of this state during seven years before his election.

V. No person shall be capable of exercising the office of governor who, at the same time, shall hold any other office under this state, or any office under the United States. VI. The

governor shall, at stated times, receive, for his services a compensation, which shall neither be increased or diminished during the period for which he shall have been elected.

[ocr errors]

VII. 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.

Vui. He shall appoint the chancellor, judges, prothonotaries, clerks, and all other officers of this commonwealth, whose offices are established by this constitution or shall be established by law, and whose appointments are not herein otherwise provided for; but no person shall be appointed to an office within any county who shall not have resided therein one year next before his appointment.

IX. The governor shall commission all the officers of this commonwealth.

X. He may require the opinion, in writing, of the officers in each of the executive departments upon any subject relating to the duties of their respective offices.

XI. He shall from time to time, give to the general assembly information of the state of the commonwealth, and recommend to their consideration such measures he shall judge necessary or expedient.

XII. He may, on extraordinary occasions, convene both bouses; and in case of disagreement between them with respect to the time of adjournment, he may adjourn them to such time as he shall think prop

XIII. He shall take care that the laws be saithfully executed.

XIV. In case of the removal of the governor from oslice, or of his death or resignation, it shall devolve on the speaker of the senate until the next annual election of representatives, when another governor 'shall be chosen in the manner hereinbefore mentioned.

XV. The state treasurer shall be appointed in the manner prescribed by the twenty-sixth section of the first article of this constitution: All subordinate officers in the treasury department, election officers, officers relating to the poor and highways, constables and other towiiship officers shall be appointed in such manner as shall be directed by law.

er.

ARTICLE III.

Section I. In elections by the citizens every freeman of the age

of twenty-one years, having resided in the state two years next before the days of the elections respectively, and paid taxes within that time, shall enjoy the rights of an elector. The sons of freeholders, of the age aforesaid, shall be entitled to vote, though they have not paid tax

es.

II. All elections shall be by ballot, except those by persons in their representative or public capacities, which shall be viva voce.

III. If elections are not properly attended; attendance on them shall be enforced by law.

ARTICLE IV.

Section I. The house of representatives shall have the sole power of impeachment.

II. All impeachments shall be tried before the Senate; and the chancellor of the commonwealth shall preside therein. When sitting for that purpose, the senate shall be on oath or affirmation: No person

shall be convicted without the concurrence of two-thirds of the memó 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 bonor, trust or profit under this commonwealth; but the party convicted shall nevertheless be liable to indictment, trial, judgment and punishment 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 common 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 shall not be diminished during their continuance in office: But the governor may remove any of them 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 manner: 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 terminer 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 numberso 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 oflicers. 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 directeda

ARTICLE VII.

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.

[ocr errors]

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,

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, '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 gove ernment, 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 human 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

« 上一頁繼續 »