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NAYS. Mr. Baker Mr. Bull

Mr. Slegle

Mr. Potts
Roberts
T. Ross

Sitgreaves Graydon
M Kean,
Graff
Arndt

Henderson
Gray
Atlee
Rhoads

Gibson
Ogden
Miller
Morris

Sellers 21.
Stout
So it was determined in the affirmative, and the amendment adopted,

A motion was then made by Mr. Miller, seconded by Mr. Morris, to adjourn the debates on the said seventh section, together with the amendments, in order to introduce the following, in lieu thereof, viz.

That no law shall ever be made abridging the freedoin of speech or the

press.
On the question, “ Will

the committee agree to the adjournment for the aforesaid purpose ?” The yeas and nays being called by Mr. T. Ross, were as follow, viz.

YEAS.
Mr. Baker Mr. Stout Mr. Slegle Mr. Morris
Roberts
Bull
Reed

Potts
Lewis
T. Ross
Tyson

Pickering
M-Kean
Graff
Sitgreaves

Henderson
Gray
Atlee
Arndt

Gibson
Ogden
Miller
Rhoads

Sellers
Jenks

25
NAYS.
Mr. Robinson Mr. Power Mr. Smith Mr. Gallatin
Hare
Herster
Snyder

M Lene
Barclay
Lower
Findiey

Matthews
Boyd
Lincoln
Todd

Coates
Hand
Groscop,
Addison

Shoemaker
Breckbill
Gehr
Hoge

Gloninger
Pedan
Mawhorter Redick

Brown
Dill
Powell
J. Ross

Boale 35.
Whitehill
Piper

Smilie So it was determined in the negative, and thereupon, the said sê. venth section, as amended, adopted as follows, viz.

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 ot those applying or canvassing for office, the truth of the facts may be given in evidence in justification upon the general issue.

On motion of Mr. Lewis, seconded by Mr. Findley, the following was adopted as the preamble to the said proposed constitution, viz

We, the people of Pennsylvania, having by our representatives freely chosen and in convention met, altered and amended the constitution of this commonwealth, do ordain and establish as follows.

And the said constitution being then read, the same was upanimous ly adopted.

[For the constitution as reported by the committee of the whole see page 296 of this volume.)

584

MINUTES OF THE CONVENTION OP 1789--90.

On motion of Mr. Pickering, seconded by Mr. Ogden,

Resolved, unanimously, That the thanks of this committee be given to general Hand, for his able and impartial conduct while chairman thereof. The committee, having compleated the business referred to them,

in order to report the said plan of government to the convention.

PART. V.

The act of the 28th March, 1825, for ascertaining the opin

ion of the people of this commonwealth, relative to the call of a convention.

Section 1. Be it enacted by the Senate and House of Representatives of the commonwealth of Pennsylvania in general assembly met, and it is hereby enucted by the authority of the same, That it shall be the duty of each of the inspectors of votes for the several townships, wards and districts in this commonwealth, at the next general election, to receiye tickets from the citizens thereof, qualified to vote at such general elections, and to deposit them in a proper box or boxes, to be for that purpose provided by the proper officers, which tickets shall be labelled with the word “Convention," and within, the words For a Convention," or "Against a Convention,” and folded, delivered and received in the usual manner.

Sect. 2. And be it further enacted by the authority aforesaid, That the said election shall, in all respects, be conducted as the general elections in this commonwealth are now conducted; and it shall be the duty of the return judges of the respective counties thereof, first having carefully ascertained the number of votes given for or against the calling of a convention, to make out duplicate returns thereof, ex. pressed in words at length and not in figures only, one of which returns, so made out, shall be lodged in the prothonotary's office of the proper county, and the other sealed and directed to the speaker of the Senate, which shall be, by one of the said judges, delivered to the sheriff, with the other returns required by law to be transmitted to the secretary of the commonwealth, whose duty it shall be to transmit the same therewith ; and the speaker of the Senate shall open and publish the same, in the presence of the members of the two houses of the legislature, on the second Tuesday of December next.

JOEL B, SUTHERLAND, Speaker

of the House of Representatives. THOMAS BURNSIDE,

Speaker of the Senate. APPROVED-The twenty-eighth day of March, one thousand eight hundred and twenty-five.

J. ANDW. SHULZE.

INDEX

57 61

60

ib.

CHARTER TO WILLIAM PENN. 9
CONSTITUTIONS OF THE PRO.

PRIETARY GOVERNMENT.
Preface,

17
Provincial council,

20
term of office, 20

powers of, 21 22
Governor,

21 22
General assembly,

23 32
Judiciary,

24
Impeachments,

24
Elections,

24 32
Electors,

26
Sheriffs,

32
Taverns,

33
Clerks of the peace,

ib.
Liberty of conscience, 30 31 34
Witnesses,

33

25 33
Altering constitution,
LAWS AGREED UPON IN ENG-
LAND.

26
Of Freemen,
Elections,

27

ib.
Taxation,

ib.
Courts,

ib.
Trial by jury,

ib.
Fees,
Workhouses,

28

ib.
Bail,

ib.
Wills,

ib.
Quiet possession,

ib.
Fines,

ib.
Marriages,

ib.
ib.

29
Estates of convicts,

ib.
Witnesses,

ib.
Education,

ib
Servants,

ib.
Slanderers,

ib.
Factors,

29 32
Religious test,

29
Sunday,

30
Vice and immorality,
breedom of conscience,

31
CONSTITUTION OF 1776.
Preamble,

54
Declaration of righte,

55

Of the Legislature,

57 58 59
Executive,

57 60 61
Judiciary,
Justices of the peace,

62
Electors and elections, 57 59 62
Members of congress,

58
Bills,

59
Stile of laws,

59

ib.
Number of representatives,
Executive council,

ib.
Appointing power,

61
Impeachment,

ib.
Trial by jury,

62
Process,
Sheriffs and coroners,

ib,

63
Registers and recorders,
Freedom of the press,

ib.
Officers,

ib.
Penal laws,

ib.
Oaths,

ib.
Taxation,

ib.
Naturalization,

64
Education,

ib.
Vice and immorality,
Council of censors and pro-
vision for amendments,

ib.
CONSTITUTION OF 1790.
Of the Legislature,

296
Executive,

Secy of the commonwealth, 300
Electors and elections,

ib.
Impeachment,

ib,
The Judiciary,

301
Sheriffs and coroners

302
The militia,

ib.
County offices,

ib.
Commissioners,

303
State treasurer,

ib.
Education,

ib.

ib.
Corporations,
Bill of rights,

ib.
Schedule,

305
PROVINCIAL CONFERENCE.

35
Names of members,

37
Election of president,
Resolve of congress,

ibi
Provision for calling the con-
vention of 17764

38 to 41
283 Religious test, c w 376, sec. read. 217, ,
Bill of rights, see declaration of rights.

299

Recording deeds,
Register of births, &c.

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45

109, 110

124

Address of to citizens,

41 Report, whether the consti-
to associators, 44 tution has been preserved
Report relative to independence, 42 inviolate,

83
CONVENTION OF 1776.

General view,
Personal property,

87
Names of members,

Trial by jury,

87 108 109
Approval of the declaration

88 94
Incompatible offices,

49
of independence,

88
Consideration of the consti.

Confirming land titles,
Divorces,

ib.
tution,

49 to 54
Roads,

ib.
Constitution of 1776,

54
(See Constitutions.]

Expelling members of assembly, 89
Grievances,

90
COUNCIL OF CENSORS.

Impeachments,

93
Oaths,

93
Names of members,

67
Publication of bills,

94
Report on defects and alter-

Resolutions,

95
ations of the constitution, 69

100
Of the assembly,

Pay of members
69 71 72

100
Executive council, 70 71 74 75 103

Erecting new counties,
Legislative council,

100, 103, 113
71 73 74

Appointing power,
Judges, term of office,

70

Right of council to propose
bills,

103, 104
their salaries,

108
Pardons,

105
Rotation in office,

70
Executing laws,

106
Retrospective laws,

71
Militia,

ib.
Appropriations,
ib.
Habeas corpus,

109
Members of congress,

72
Insolvent debtors,

109
Representation,

ib.

Justices of the peace,
Elections,
ib.

111
Governor's negative,

75 76

Calling conventions,
Corporations,

113, 117
Secr'y of the commonwcalth, 76

Reasons for and against the rep. 114
Impeachnical

ib.

Address of the council,
Judiciary,

ib.
Supreme court,

CONVENTION OF 1790.
Justices of the peace,
76 77 Proceedings for calling,

129
Naturalization,

Resolutions of assembly, 129, y n 130
Reasons of dissent,
ib

133, y n 136
Address of the council,
80 Reasons of dissent,

131, 136
MINUTES OF THE CONVENTION OF 1789–90.
Names of members,

138

CONVENTION.
Rules,
142 Of 1776,

45
Com. whole on the constitution, 143 1790,

137
Report,
149 Act of, 1825, rel to,

384
adopted,

150, 152 Corporations, c w 379, sec. read, 241,
Com. to report a constitution, 153

245, 259.
report,
155 to 163 Counties new, erection of,

313
Ref. to com. wh.

163 to 166 DECLARATION OF RIGHTS.
Rep. of com whole,

166 to 175 As reported, c w 312, sec, read 216,
Second reading of the con. 176 to 296

242.
Ratification,

295 Personal rights, c w 374,378, sec. read.
Constitution as rep. by com. of nine, 155

217, 222, 259, 260.
as rep. by com. wh.

166 Powers of government, c w 374, seç.
as adopted at 1st sess. 227

read. 217, 259.
as finally adopted, 295 Rights of conscience, c w 376, sec.
Amending clause,

216

read, 217, 259.
Attornies at law,

259.
Commissions,

188, 192, 252 Elections, sec. real. 219, 259.
Congress, members of, 373, 374 Right of property, sec. read. 223, 260,
Constitution, amending clause, 216

280.
as rep. by com. wh. 166 Trial by jury, sec. read. 219, 259.
as adop. at 1st session, 227 Freedom of the press, c w 377, 383,
as finally adopted, 295

sec. read. 219, 241, 274.

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Criminal prosecutions, c w 378, sec.

read. 222, 223, 226, 260, 283.
Costs in criminal cases, 283.
Informations, c w 378, sec. read. 223,

260, 280.
Administration of justice, c w 378,

sec. read. 223, 261, 291.
Suspending laws, c w 378, sec. read.

223, 261.
Bail, c w 378, sec, read. 223, 261.
Habeas corpus, c w sec. read. 223, 261.
Insolvent debtors, c w 379, sec. read.

224, 262, 283.
Expost facto laws, c w 379, sec. read

224, 262.
Attainder, c w 330, sec. read. 224, 242,

262.
Petitions, c w 380, sec. read. 225, 262.
Right to bear arms, c w 380, sec. read.

225, 262, 274.
Standing armies, c w 380, sec. read,

225, 264.
Nobility, sec. read 226, 264,
Emigration, c w 382, sec. read. 226,

264.
Tenure of office, c w 381, sec. read.

225, 264,

EDUCATION.
Committee of the whole 368, sec. read.

241, 244, 259.
Elections, c w 347, 377, sec, read 199,

200.
Electors, qualification of, c w 346, 373,

379, sec. read. 199, 253, 254.
privilege, c w 350, sec. read.

200, 254.

EXECUTIVE.
Governor, c w 338, sec. read. 183, 251.

Election of, c w 370, sec.

read. 183, 251.
Neg. of to laws, c w 337-8.

sec, read, 182, 250,
Qualifications of, c w 343,

sec. read. 185, 251, 271.
Term ot office, c w 341, 342,

sec. read 184,251.
Compensation of, c w 343,

sec. read. 185, 252.
Contested election of, second

reading, 183, 251. 284.
Power of, c w 344, sec. read.

185, 188, 192, 253.
Appointing power of, c w
348, sec. read. 187, 188,

189, 191, 252, 292.
Duties of, c w 344, sec. read,

192, 252, 253,
Vacancy of office of, c w

345, 371, sec read. 192,

196, 198, 253, 293.
Pardoning power of, 188,
252.

259

IMPEACHMENTS.
Com, wh. 350, 369, sec, read. 201, 202,

254, 255, 272.
INCOMPATIBLE OFFICES.
Com. wh. 347, sec. read. 189, 238, 252.

JUDICARY.
Court of chancery, c w 352, neg. 358.
Supreme court, c w 351, 362, sec. read.

202, 255.
jurisdiction of, 362,204

210, 256.
Oyer and terminer, c w 351, sec. read.

202, 204, 206,208,

210, 255.
Common pleas, c w 351, sec. read. 202,

255
Orphans' court, c w 351, sec. read. 202,

210, 255, 257.
Register's court, c w 351, sec. read.

202, 210, 213, 255, 257.
Quarter sessions, c w 351, sec. read,

202, 210, 257.
Tenure of office of judges, c w 355,

sec. read. 203, 205, 255.
Organization of courts, 205, 256.
Chancery powers, c w 351, 364, sec.

read 207, 256.
Salaries of judges, 202, 255, 256.
Justices of the peace, c w 351, 360, sec.

read. 202, 211, 257..
LEGISLATURE.
Meeting of, c w 331, sec. read. 180,

247, 249.
Speakers, c w 322, sec. read. 180, 249.
Power to expel, c w 332, sec. reading

180, 249.
Journals, c w 334, sec. read. 181, 249.
Yeas and nays, c w 334, sec. read. 181,

249.
Adjournments, c w 335, sec. read. 181

249, 250.
Compensation of, c w 335, sec. reading

181, 250, 279, 282,
Incompatibility, c w 336, sec. reading

182, 250, 289.
Vacancies, c w 336, sec. read. 182, 250
Revenue bills, c w 337, sec. read. 182,

250.
Appropriations, c w 337, sec. reading

182, 250.
Bills. c w 337, 338, sec. read, 182, 183,

250.
Gov. neg. c w 337, 338, sec, read.

182, 250.
Resolutions, c w 344, sec, read., 183,

251.
Quorum, c w 332, sec read. 180.
Contested elections, c w 332, sec. read.

180, 249, 284,
Privilege, c w 335, sec. read. 181, 250,

280, 282, 290.

MITIA.
Com. wh. 367, şec. read 215, 258.

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