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ery in the several counties. No special commission of oyer and terminer or gaol delivery shall be issued.

Section IV. The several courts of common pleas, for the present, shall be established in the following manner : The governor shall appoint a number of judges in each county, not less than three and not exceeding four, who, during their continuance in office, shall reside within such county. The state shall, by law, be divided into circuits, any of which shall include not more than six, nor fewer than three counties. A president shall be appointed for the several courts in each circuit, who, during his cor.tinuance in office, shall reside within such circuit. Such president and judges, or any two of them, shall be the judges who shall compose the respective courts of common pleas.

Section V. The judges of the courts of common pleas in each county, or any two of them the president being one, shall be justices of oyer and terminer and general gaol delivery for the trial of capital and other offenders in their respective counties : but they shall not hold a court of oyer and terminer and general gaol delivery in any county, when the judges of the supreme court, or some of them, shall be sitting in the same county. But the parties accused, as well as the commonwealth, may remove the indictment and proceedings into the supreme court at any time before trial.

Section VI. The supreme court and the several courts of com. mon pleas shall, beside the powers heretofore usually exercised by the said courts, have the power of a court of chancery so far as relates to the perpetuating testimony, obtaining evidence from places not within the state, and the care of the persons and estates of those who are non compotes mentis. And the legislature shall, as soon as conveniently may be, after their first meeting under this constitution, vest in the said courts such other powers to grant relief in equity in all cases to which common law proceedings are not competent: and shall regulate the exercise thereof, and, from time to time, enlarge, diminish, or vest the same in such other courts as they shall judge necessary for the due administration of justice.

Section VII. The judges of the courts of common pleas shall compose the courts of quarter sessions and orphans' court in their respective counties, any two of whom shall be a quoruin; and the register of wills, together with the said judges, or any two of them, shall compose the register's court in the respective counties.

Section 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.

Section IX, The president of the court of each circuit shall be cone servator of the peace within such circuit; and the judges of the court of common pleas shall be conservators of the peace within their

respective counties,

Section X. The governor shall appoint and commission a competent number of justices of the peace in convenient districts in each county, to be fixed in such manner as shall be, by law, directed. They shall be commissioned during good behaviour; but may be removed on conviction of misbehaviour in office or any infamous crime, or on the address of both houses of the legislature.

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Section XI. 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.

Section XII. 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.

Section XIII. The stile of all process shall be The commonwealth of Pennsylvania : all prosecutions shall be carried on in the name and by the anthority of the commonwealth of Pennsylvania, and shall con. clude, against the peace and dignity of the same.

ARTICLE VI.

Section I. Sheriff's and coroners shall, at the places of the election of representatives, be chosen 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 ; they shall hold their offices for three years and until a successor be duly qualified. But no person shall be twice chosen or appointed sheriff in any term of six years.

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

ARTICLE VII.

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

Section 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 life and liberty, of acquiring, posessing and protecting property and reputation, and of pursuing their own happiness.

Section 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. Section III. That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences, and that no man can of right 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 establishment or modes of worship,

Section IV. 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 profit under this commonwealth.

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Section V. That elections shall be free and equal.

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

Section 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 invaluable rights of man, and every citizen may freely speak, write and print on any subject, being responsible for the abuse of that liberty. But upon indictments for the publication of papers investigating the conduct of individuals in their public capacity, or of those applying or canvassing for oflice, the truth of the facts may be given in evidence in justification upon the general issue.

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

Section IX. That in all prosecutions by indictment 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 compulsory 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 mau be deprived of his life, liberty or property but by the judgment of his peers or the law of the land.

Section X. That no person 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. Section XI. That all courts shall be

open,

and
every

freeman for an injury done bim 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.

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

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

Section 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.

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

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

ty thereof.

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Section XVII. That nu person shall be attainted of treason or felony by the legislature.

Section XVII. That no attainder shall work corruption of blood or forfeiture of estate to the commonwealth ; the estates of such persons as shall destroy their own lives shall go as in the case of natural death. And if any person shall be killed by casualty or accident there shall be no forfeiture by reason thereof.

Section XIX. That the citizens have a right to assemble together in a peaceable manner for their common good, and to apply to those invested with the powers of government, for redress of grievances or other proper purposes, by petition, address or remonstrance.

Section XX. That the right of the citizens to bear arms in defence of themselves and the state shall not be questioned. But those who conscientiously scruple to bear arms shall not be compellable to do so, but shall pay an equivalent for personal service.

Section 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.

Section 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.

Section XXU. That the legislature shall, at no time, 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.

Section XXIV. That emigration froin the state shall not be prohibited.

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

Whereupon, On motion of Mr. Smith, seconded by Mr. Smilie,

Ordered, That to-morrow be assigned for taking into consideration the said plan of government reported by the committee of the whole.

On motion of Mr. Miller, seconded by Mr. Henderson,

Ordered, That one hundred and fifty copies of the said plan of government be printed for the use of the members.

A return of an election held within the county of Delaware, of a member to represent the said county in this convention, in the room of Henry Hale Graham, Esquire, deceased, was presented to the chair and read, by which it appeared that Nathaniel Newlin, Esquire, was duly elected.

Adjourned until half past nine o'clock to-morrow, A. M.

SATURDAI, February 6th, 1790. A. M. The convention met pursuant to adjournment. A motion was made by Mr. Thomas Ross, seconded by Mr. Boyd, as follows, viz.

No member shall speak more than twice to the same question on the same day, without leave of the convention.

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It was then moved by Mr. Smith, seconded by Mr. Power, to strike out the word “ twice,” and in lieu thereof, to insert the words “once, uniess to explain.”

Which was determined in the negative, and the motion of Mr. Thomas Ross, seconded by Mr. Boyd, adopted.

Agreeably to the order of the day, the convention proceeded to take into consideration the plan of government reported by the cominittee of the whole.

The first section of the first article of the said plan of government being under consideration, the same was adopted as follows, viz.

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

The second section of the said first article being under considera. tion, viz.

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.

A motion was made by Mr. Pickering, seconded by Mr. Gray, to add the following words to the said section, viz. To serve for one year from the day preceding the first Tuesday of December next following their election.

On the question, Will the convention agree to the said amendment? It was determined in the negative.

It was then moved by Mr. Sitgreaves, seconded by Mr. Arndt, to strike out the word “second,” and to insert in lieu thereof the word ** first."

Which was determined in the negative, and the said second section, as reported by the committee of the whole, adopted.

The third section of the said first article being under consideration, the same was adopted as follows, viz.

No person shall be a representative who shall not have attained the age of twenty-one years, and have been, the three years next preceding his election, a citizen and inhabitant of the state, and the last year thereof an inhabitant of the city or county in which he shall be chosen.

The fourth section of the said first article being under consideration, viz.

The number of representatives shall, at the several periods of making the enumeration in this section mentioned, be fixed by the legisJature, and apportioned between the city of Philadelphia and the several counties, according to the number of taxable inhabitants in each, and shall never be less than sixty, nor more than one hundred; and that it shall be increased at the time of making each enumertion, except the first, in the same proportion which the increase of the number of taxables shall bear to the then number of representatives, until the same shall amount to one hundred. But each county shall have at Jeast one representative; provided that no new county shall be entitled to a separate representation, until a sufficient number of taxable inhabitants shall be contained within the limits thereof to entitle them to at least one representative, agreeably to the ratio which shall then be established for the city of Philadelphia and the several counties ; an enumeration of the taxable inhabitants shall be made within three years after the first meeting of the general assembly, and within every subsequent term of seven years in such manner as shall be, by

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