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It was then moved by Mr. Pickering, seconded by Mr. Ogden, to adjourn the debates on the said fourth section in order to introduce the following in iieu thereof, viz.

That the members of the legislature and all executive and judicial officers shall be bound by oath or affirmation to support the constitution of this state: But no religious test shall ever be required as a qualification to any office or public trust under this state.

On the question, Will the committee agree to the postponement for the aforesaid purpose ? It was determined in the negative, and the said fourth section, as reported by the committee of nine, adopted.

The fifth section of the said bill of rights being under consideration, viz.

That elections shall be free and equal.

It was moved by Mr. Pickering, seconded by Mr. Shoemaker, to strike out the words “ and equal." Which was determined in the negative.

A motion was then made by Mr. M.Kean, seconded by Mr. Tyson, to add the following words to the said section, viz. “ to every person entitled to vote.” Which was determined in the negative.

It was moved by Mr. Gallatin, seconded by Mr. Smilie, to add the following words to the said fifth section, viz. And that all freemen, having a sufficient common interest in, and attachment to, the commonity, be entitled to vote. Which was determined in the negative, and the section adopted as reported by the cominittee of nine.

The sixth section of the said bill of rights being under consideration, viz.

That trial by jury shall be as heretofore, and the right thereof shall remain in violate.

On the question, Will the committee adopt the same? It was determined in the affirmative.

The seventh section of the said bill of rights being under consideration, viz.

The printing presses shall be free to cvery 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.

A motion was made by Mr. Pickering, seconded by Mr. M.Kean, to strike out the word “most” contained in the said section. Which was determined in the affirmative.

It was then moved by Mr. Thomas Ross, seconded by Mr. Boyd, to amend the said section by adding the following words: And in case of indictments for libels the truth of the accusation may be pleaded in bar of the bill.

A motion was made by Mr. Findley, seconded by Mr. Hare, to postpone the said section, with the amendments which was determined in the negative.

Mr. T. Ross then withdrew his motion to amend the said section.

It was then moved by Mr. Smith, seconded by Mr. Findley, to insert the words on any subject" after the worst "print," and to add the following words to the said seventh section, viz. Upon indictment 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.

Whereupon, on motion of Mr. Findley, seconded by Mr. Addison, Ordered, I'nat the said section, together with the amendments, be postponed.

The eighth section of the said bill of rights being under considera. tion, the same was adopted as follows, viz

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, bat on probable cause, supported by oath or affirmation, and describing them as nearly as may be.

The ninth section of the said bill of rights being under considera. tion, viz.

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 aocusation; to meet the witnesses face to face; to have compul. sory 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.

A motion was made by Mr. Gallatin, seconded by Mr. Smilie, to insert, after the word “ vicinage," the following, viz. “ Without the unanimous consent of which jury he cannot be found guilty."

On the question, Will the committee agree to insert the same? It was determined in the negative.

It was then moved by Mr. M Kean, seconded by Mr. Edwards, to strike out the word “ criminal," and to insert, after the word “ prosecutions," the following, viz." by indictment." Which was determin. od in the affirmative, and the said ninth section, as amended, adopted,

The tenth section of the said bill of rights being under consideration, the same was adopted as follows, viz.

That no person shall be proceeded against by information for any Indictable offeoce, 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 into 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.

The eleventh section of the said bill of rights being under consideration, the same was adopted as follows, viz.

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.

The twelfth section of the said bill of rights being under consideration, the same was adopted as follows, viz.

That po power of suspending laws, or the execution thereof, shall be exercised, unless by the legislature or by the authority thereof.

The thirteenth section of the said bill of rights being under consideration, the same was adopted as follows, viz.

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

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The fourteenth section of the said bill of rights being under conside cration, the same was adopted as follows, viz.

That all prisoners shall be bailable by sufficient sureties, unless for capital offences, when the proof is evident or the presumption great, and the privilege of the writ of habeas corpus shall not be suspended unless when, in cases of rebellion or invasion, the pablic safety may require it.

The fifteenth section of the said bill of rights being under consider'. ation, the same was adopted as follows, viz.

That the person of a debtor, where there is not a strong presump: tion 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.

The sixteenth section of the said bill of rights being under consideration, the same was adopted as follows, viz.

That no ex post facto law, or law impairing contracts shall be made.

A motion was made by Mr. Smith, seconded by Mr. Henderson, to insert, as the 17th section of the said bill of rights, the following, viz.

That religious societies and corporate bodies shall be protected in their rights, immunities and estates.

The committee rose in order to report, that they had made further progress in the business referred to them, and request leave to sit again.

THURSDAY, February 4, 1790. A. M. The motion made yesterday by Mr. Smith, to be inserted as the seventeenth section of the bill of rights, being withdrawn.

A motion was made by Mr. Smith, seconded by Mr. Sitgreaves, to insert the following, as the seventeenth section of the said bill of rights, viz.

That religious societies or bodies of men united or incorporated for the advancement of religion and learning, or for other pious and char. itable purposes, shall be protected in the enjoyment of their just pri vileges, iinmunities and estates.

It was moved by Mr. Lewis, seconded by Mr. M.Kean, to adjourn the debates on the said motion, in order to introduce the following, viz.

That the rights, isomunities and estates of religious societies and corporate bodies shall be as valid under this constitution as they have heretofore been.

À motion was made by Mr. MóKean, seconded by Mr. Pickering. to adjourn the debates on the several propositions before the committee.

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

YEAS.
Mr. Baker Mr. Graff Mr. Gehr Mr. Matthews
Lewis
Atlee

Mawhorter Morris
M.Kean
Breckbill
Rhoads

Potts
Mifflin
Miller
Powell

Coates
Gray
Slegle
Piper

Shoemaker
Robinson
Reed

Findley Glouinger
Ogden

Todd

Brown
Jenks
Pedan
Addison

Graydon
Barclay
Dill
Hoge

Pickering
Stout
Whitehill J. Ross

Henderson
Bull
Heister
Smilie

Gibson
Boyd
Lower

M Lene Sellers-501
Hand

Lincoln

Tyson

NAYS.
Mr. Roberts Mr. Power Mr. Smith Mr. Redick
Gibbons
Sitgreaves Snyder

Gallatin-10
T. Ross

Arndt So it was determinert in the affirmative, and the debates adjourned.

The seventeenth section of the sail bill of rights, as reported by the committee of nine, coming under consideration, the same was adopted as follows, viz.

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

The eighteenth section of the said bill of rights being under consideration, viz.

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

A motion was made by Mr. Addison, seconded by Mr. Gallatin, to add the following words to the said section, viz. The estates of such persons as destroy their own lives shall go

to their representatives 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. Which was carried in the affirmative.

It was then moved by Mr. Ogden, seconded by Mr. Power, to strike out the word “real” before the word “estate," and the words “during the life of the offender," and to insert the words “to the cammonwealth” after the word “ estate." Which was carried in the af. firmative, and the said eighteenth section, with the amendments, adopted as follows, viz.

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 to their representatives 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.

The nineteenth section of the said bill of rights being under consideration, a motion was made by Mr. Roberts, seconded by Mr. Shoemaker, to insert the following in lieu thereof, viz,

That the citizens have a right to assemble together in a peaceable manner to consult for their coinmon good and apply to those invested with the powers of government for redress of grievances or other porper purposes, by petition, address or remonstrance. Which was determined in the affirmative.

The twentieth section of the said bill of rights being under consideration, it was moved by Mr. Pickering, seconded by Mr. M‘Kean, to amend the same so as to read as follows, viz.

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. Which was carried in the affirma. tive, and the said sectio as amended, adopted.

The twenty-first section of the said bill of rights being under consideration, the saine was adopted as follows, viz.

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.

The twenty-second section of the said bill of rights being under consideration, the same was adopted as follows, viz.

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.

The twenty-third section of the said bill of rights being under consideration, viz.

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

It was moved by Mr. Gallatin, seconded by Mr. Smilie, to insert, after the word "time," the followiny, viz. "grant any title of nobility or hereditary distinction, nor." Which was carried in the affirmative, and the said section, as amended, adopted.

A motion was then made by Mr. M.Lene, seconded by Mr. Henderson, to insert the following as the twenty-fourth section of the said bill of rights, viz.

That perpetuities and monopolies are contrary to the nature of a republican government, and ought not to exist.

On the question, “ Will the committee agree to the same p” The yeas and nays being called by Mr. Lewis, were as follow, viz.

YEAS,
Mr. Boyd Mr. Piper

Mr. Addison Mr. M Lene
Whitehill Findley

Smilie

Matthews
Lower
Tedd
Gallatin

Henderson

12.
NAYS.
Mr. Baker Mr. Gibbons Mr. Pedan Mr. J. Ross
Roberts
Bull
Dill

Morris
Lewis
T. Ross
Power

Potts
MKean
Hand
Gehr

Coates
Miffin
Graff

Sitgreaves Shoemaker
Gray
Atlee
Arndt

Gloninger
Robinson
Breckbill Powell

Brown
Ogden
Miller
Smith

Graydon
Jenks
Slegle
Snyder

Pickering
Barclay
Reed
Hoge

Gibson
Stout
Tyson
Redick

Sellers-44. So it was determined in the negative. A motion was then made by. Mr. Pickering, seconded by Mr. Redick, to insert the following as the twenty-fourth section of the said bill of rights, viz.

That estates-tail, being repugnant to the principles of republican government, shall not be supported; but tenants in tail shall be deemed the absolute owners thereof, in fee simple.

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

YEAS,

TTT

Mr. Robinson

Mr. Addison

Mr. Redick

Mr. Pickering-4.

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