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 office, 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 affirmation, 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 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 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 authority thereof.

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 delivering 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.

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

Section XVIII. 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 XXIII. 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 from 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 gov ernment 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.

SATURDAY, 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.

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, unless 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 committee 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 consideration, 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 legislature, 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 least 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

Jaw, directed. Until such enumeration shall be made, the city of Philadelphia and the several counties shall be respectively entitled to choose the same number of representatives as is now prescribed by

law.

A motion was made by Mr. Thomas Ross, seconded by Mr. Slegle, to strike out the word " sixty," and in lieu thereof, to insert the words "forty-five."

On the question, Will the convention agree to the same? The yeas and nays being called by Mr. Miller, were as follow, viz.

So it was determined in the negative.

It was moved by Mr. Gallatin, seconded by Mr. Smilie, to insert, after the words shall amount to one hundred," the words "which number shall then be continued forever." Which was determined in the negative.

A motion was then made by Mr. Pickering, seconded by Mr. Miller, to strike out the words "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," and in lieu thereof to insert the following, viz. "After the first, in such proportion to the increase of taxables that the next preceding ratio of representation, increased by twenty-five taxables, shall be the new ratio of representation, until the number of representatives shall amount to one hundred."

Adjourned until half past nine o'clock on Monday next, A. M.

MONDAY, February 8, 1790. A. M.

The convention met pursuant to adjournment.

The fourth section of the first article of the plan of government be ing under consideration, together with the amendment proposed by Mr. Pickering, seconded by Mr. Miller.

Mr. Pickering then withdrew his motion.

The original section, as reported by the commitee of the whole, recurring,

It was moved by Mr. Pickering, seconded by Mr. Brown, to strike out the words "and that it shall be increased at the time of making each enumeration, 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."

Which was unanimously determined in the affirmative.

A motion was then made by Mr.. Pickering, seconded by Mr. Henderson, to strike out the word "new," and insert after the word "county," the words "hereafter erected."

Which was determined in the affirmative.

It was moved by Mr Henderson, seconded by Mr. Todd, to strike out the word "seven," and in lieu thereof, to insert the word "five." On the question, Will the convention agree to the same? The yeas and nays being called by Mr. Smith, were as follow, viz.

So it was determined in the negative.

A motion was then made by Mr. James Ross, seconded by Mr: Smith, to strike out the following words from the said section, viz. "Until such enumeration shall be made, the city of Philadelphia and the several counties shall be respectively entitled to choose the same number of representatives as is now prescribed by law."

Which was determined in the affirmative, and the said fourth section adopted as follows, viz.

The number of representatives shall, at the several periods of making the enumeration in this section mentioned, be fixed by the legislature 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. But each county shall have at least one representative; provided that no county hereafter erected, shall be entitled to a separate representation until a sufficient number of taxable inhabitants shall be contained mithin the limits thereof to entitle them to at least one representative,