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general assembly: and, in case of disagreement between the two houses, with respect to the time of adjournment, adjourn to such time as he shall think proper, not exceeding four months. , 13. He shall take care that the laws be faithfully executed.
14. In case of the death or resignation of the governor, or of his removal from office, the speaker of the senate shall exercise the office of governor, until another governor shall be duly qualified. And if the trial of a contested election shall continue longer than until the third Tuesday in December next ensuing the election of governor, the governor of the last year, or the speaker of the senate, who may be in the exercise of the executive authority, shall continue therein until the determination of such contested election, and until a governor shall be qualified as aforesaid.
15. A secretary shall be appointed and commissioned during the governor's continuance in office, if he shall so long behave himself well. He shall keep a fair register of all the official acts and proceedings of the governor, and shall, when required, lay the same, and all papers, minutes, and vouchers relative thereto, before either branch of the legislature; and shall perform such other duties as shall be enjoined him by law.
ARTICLE 3. § 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 election, and within that time paid a state or county tax, which shall have been assessed at least six months before the election, shall enjoy the rights of an elector: Provided, that the sons of persons qualified as aforesaid, between the ages of twenty-one and twenty-two years, shall be entitled to vote, although they shall not have paid taxes.
2. All elections shall be by ballot, except those by persons in their representative capacities, who shall vote viva voce.
3. Electors shall, in all cases, except treason, felony, and breach and surety of the peace, be privileged from arrest during their attendance on elections, and in going to and returning from them.
ARTICLE 4. § 1. The house of representatives shall have the sole power of impeaching.
2. All impeachments shall be tried by the senate. When sitting for that purpose, the senators shall be upon oath or affirmation. No person shall be convicted without the concur: rence of two-thirds of the members present.
3. The governor, and all other civil officers, under this commonwealth, shall be liable to impeachment for any
misdemeanor in office. But judgment in such cases shall not extend further than to removal from office, and disqualification to hold any office of honour, trust, or profit, under this commonwealth. The party, whether convicted or acquitted, shall, nevertheless, be liable to indictment, trial, judgment, and punishment, according to law.
ARTICLE 5. § 1. The judicial power of this commonwealth shall be vested in a supreme court, in courts of oyer and terminer and general gaul delivery, in a court of common pleas, orphans' court, register's court, and a court of quarter sessions of the peace, for each county, in justices of the peace, and in such other courts as the legislature may, from time to time, establish.
2. The judges of the supreme court, and of the several courts of common pleas, shall hold their offices during good behaviour. But, for any reasonable cause, which shall not be sufficient ground of impeachment, 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 adequate compensation, to be fixed by law, which shall not be diminished during their continuance in office; but they shall receive no fees or perquisites of office, nor hold any other office of profit under this commonwealth.
3. The jurisdiction of the supreme court shall extend over the state; and the judges thereof shall, by virtue of their offices, be justices of oyer and terminer and general gaol delivery, in the several counties.
4. Until it shall be otherwise directed by law, the several courts of common pleas shall be established in the following manner: The governor shall appoint, in each county, not fewer than three, nor more than four judges, who, during their continuance in office, shall reside in such county. The state shall be divided, by law, into circuits, none of which shall include more than six, nor fewer than three counties. A president shall be appointed of the courts in each circuit, who, during his continuance in office, shall reside therein. The president and judges, any two of whom shall be quorum, shall compose the respective courts of common pleas.
5. The judges of the court of common pleas in each county shall, by virtue of their offices, be justices of oyer and terminer, and general gaol delivery, for the trial of capital and other offenders therein: any two of the said judges, the president being one, shall be a quorum; but they shall not hold a court of oyer and terminer or gaol delivery in any county, when the judges of the supreme court, or any of them, shall be sitting in the same county. The party accused, as well as the commonwealth, may, under such regulations as shall be prescribed by law, remove the indictment and proceedings, on a transcript thereof, into the supreme court.
6. The supreme court, and the several courts of common pleas, shall, beside the powers heretofore usually exercised by them, have the powers of a court of chancery, so far as relates to the perpetuating testimony, the obtaining of evidence from places not within this state, and the care of the persons and estates of those who are non compos mentis; and the legis. lature shall vest in the said courts such other powers, to grant relief in equity, as shall be found necessary; and may, from time to time, enlarge or diminish those powers, or vest them in such other courts as they shall judge proper, for the due administration of justice.
7. The judges of the court of common pleas of each county, any two of whom shall be a quorum, shall compose the court of quarter sessions of the peace, and orphan's court thereof: and the register of wills, together with the said judges, or any two of them, shall compose the register's court of each county.
8. The judges of the courts of common pleas shall, within their respective counties, have the like powers with the judges of the supreme court, to issue writs of certiorari to the justices of the peace, and to cause their proceedings to be brought before them, and the like right and justice to be done.
9. The president of the court in each circuit, within such circuit, and the judges of the court of common pleas, within their respective counties, shall be justices of the peace, so far as relates to criminal matters.
10. The governor shall appoint a competent number of jus. tices of the peace, in such convenient districts, in each county, as are or shall be directed by law: they shall be commissioned during good behaviour; but may be removed on conviction of misbehaviour in office, or of any infamous crime, or on the address of both houses of the legislature.
11. 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.
12. The style of all process shall be, the commonwealth of Pennsylvania; all prosecutions shall be carried on in the name and by the authority of the commonwealth of Pennsylvania, and conclude, against the peace and dignity of the same.
ARTICLE 6. § 1. Sheriffs and coroners shall, at the times and places of election of representatives, be chosen by the citizens of each county. Two persons shall be chosen for each office, one of
whom, for each respectively, shall be appointed by the governor. They shall hold their offices for three years, if they shall so long behave themselves well, and until a successor be duly qualified: but no person shall be twice chosen or appointed sheriff, in any term of six years. Vacancies in either of the said offices shall be filled by a new appointment, to be made by the governor, to continue until the next general election, and until a successor shall be chosen and qualified as aforesaid.
2. The freemen of this commonwealth shall be armed and disciplined for its defence. Those who conscientiously scruple to bear arms, shall not be compelled to do so; but shall pay an equivalent for personal service. The militia officers shall be appointed in such manner, and for such time, as shall be directed by law.
3. 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; unless when the governor shall, for special reasons, dispense therewith, for any term not exceeding five years after the county shall have been erected.
4. All commissions shall be in the name and by the authority of the commonwealth of Pennsylvania, and be sealed with the state seal, and signed by the governor.
5. The state treasurer shall be appointed annually, by the joint vote of the members of both houses. All other officers in the treasury department, attorneys at law, 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.
ARTICLE 7. $1. The legislature shall, as soon as conveniently may be, provide by law for the establishment of schools throughout the state, in such manner that the poor may be taught gratis.
2. The arts and sciences shall be promoted in one or more seminaries of learning.
3. The rights, privileges, immunites, and estates, of religious societies and corporate bodies, shall remain as if the constitution of this state had not been altered or amended.
Members of the general assembly, and all officers, executive and judicial, shall be bound, by oath or affirmation, to support the constitution of this commonwealth, and to perform the duties of their respective offices with fidelity.
ARTICLE 9. That the general, great, and essential principles of liberty and
free government may be recognised and unalterably established, we dcclare:
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, possessing, and protecting property and reputation, and of pursuing their own happiness.
2. That all power is inherent in the people; and all free governments are founded on their authority, and instituted for their peace, safety, and happiness. For the advancement of those ends, 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.
3. That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences: and no man can, of right, be compelled to attend, erect, or support any place of worship, or to maintain any ministry, against his consent; that no human authority can, in any case whatever, control or interfere with the rights of conscience: and that no preference shall ever be given, by law, to any religious establishments or modes of worship.
4. 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 common: wealth,
5. That elections shall be free and equal.
6. The trial by jury shall be as heretofore, and the right thereof remain inviolate.
7. 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 to restrain 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. In prosecutions for the publication of papers investigating the official conduct of officers, or men in public capacity, or where the matter published is proper for public information, the truth thereof may be given in evidence, And, in all indictments for libels, the jury shall have a right to determine the law and the facts, under the direction of the court, as in other cases,