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his election. Provided, that no person absert 'on' public business of this state, or of the United States, shall thereby be disqualified.
Section V. No person shall be capable of exercising the office of governor whò, at the same time, shall be a member of
congress, or hold any other office under this state, or any office under the United States.
Section VI. The governor shall at stated times, receive for his services a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected.
Section 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.
Section VIII. He shall appoint all 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. No member of congress from this state, nor any person holding or exercising any office of trust or profit under the United States, shall, at the same time, hold and exercise any office whatever, otherwise than in the militia, in this state.
Section IX, The governor shall commission all the officers of this commonwealth.
Section X. He shall have power to remit fines, and grant reprieves and pardons for crimes and offences, except in cases of impeachment.
Section XI. 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.
Section XII. He shall, from time to time, give to the general assembly information of the state of the commonwealth, and recommend to their consideration such mea sures as he shall judge necessary or expedient.
Section XIII. 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, he may adjourn them to such time as he shall think proper, not exceeding four months.
Section XIV. He shall take care that the laws be faithfully executed.
Section XV. In case of the death or resignation of the governor, or of his removal from office, 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, and unil such newly elected governor shall be duly qualified and commence the exercise of his office.
Section XVI. The state treasurer shall be appointed annually by the joint vote of both houses. All other officers in the treasury department, election officers, officers relating 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.
Section XVII. A secretary shall be appointed and commissioned by the governor. He shall be keeper of the seals of the state, and shall, under the direction of a committee of both branches of the legislature, affix the seal to the laws when the same shall be enacted. He shall countersign all commissions, charters of pardon, and patents for: lands, signed by the governor, as well as marriage, tavern and other licences. He shall have the custody of all public acts, official documents and state papers which shall be addressed or belong to the executive department, to be laid before the governor or either house when called for. He shall attend the governor or either house when required, and shall perform all such other duties as shall be enjoined on him by future acts of the legislature.
ARTICLE II. Section 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 days of the elections respectively, and paid state or county taxes within that time, which tax shall have been assessed
him at least six months before the election, shall enjoy the rights of an elector.
Section II. All elections shall be by ballot, except those by persons in their representative or public capacities, which shall be viva voce.
ction II. Electors shall be privileged from arrests in all cases except treason, felony and breach of the peace, during their attendance on elections and in going to and returning from the same.
Section 1. The house of representatives shall have the sole power of impeachment.
Section II. All impeachments shall be tried by the senate; when sitting for that purpose, the senators shall be on oath or affirmation : no person
shall be convicted without the concurrence of two-thirds of the members present.
Section 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, judg. ment and punishment according to law.
Section I. The judicial power of this commonwealth shall be vested in a supreme court, in courts of oyer and terminer and general goal delivery, in a court of common pleas, orphans' court, register's court, and court of quarter sessions for each county, in justices of the peace and in such other courts of law and equity as the legislature may, from time to time, establish.
Section II. 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, but 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 adeguate compensation, which shall not be diminished during their continuance in office : but they shall hold no other office of profit in this commonwealth.
Section III. The jurisdiction of the supreme court shall extend over the whole state. The judges of the same court shall, by virtue of their offices, be justices of oyer and terminer and general gaol deliv,
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 réside 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 cjurts 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 conservator 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 con. viction of misbehaviour in office or any infamous crime, or on the ad. dress of both houses of the legislature.
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 samo.
Section I. Sheriffs 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. son 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.
But no per
That the great and essential principles of liberty and free government may be recognized and unalterably established, WE DECLARE
Section 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, 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.
Section V. That elections shall be free and equal.
Section VI. That trial by jury shah be as heretofore, and the right thereof shall remain inviolate.
Section VII. That the printing presses shall be free to every per. son 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 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 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 man 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 procceded 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 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.
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 fincs 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 deJivering up all his estate for the benefit of his creditors, in such manner as shall be prescribed by law.
Section XVI. That no erpost facto law, or law impairing contracts, shall be made.