taining witnesses in his favour; and, in prosecutions by indictment or information, a speedy, public trial, by an impartial jury of the vicinage: that he cannot be compelled to give evidence against himself, nor can he be deprived of his life liberty, or property, unless by the judgment of his peers, or the law of the land. 10. That no persons shall, for any indictable offence, be proceeded against criminally by information, 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, or, by leave of the court, for oppression and misdemeanor in office. No person shall, 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 without just compensation being made. 11. That all courts shall be open; and every man, for an injury done him in his lands, goods, person, or reputation, shall have remedy by the due course of law, and right and justice administered without sale, denial, or delay. Suits may be brought against the commonwealth in such manner,in such courts,and in such cases, as the legislature may by law direct. 12. That no power of suspending laws shall be exercised unless by the legislature or its authority. 13. That excessive bail shall not be required, nor excessive fines imposed, nor cruel punishments inflicted. 14. That all prisoners shall be bailable by sufficient sureties, unless for capital offences, where 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 requrie it. 15. That no commission of oyer and terminer or jail delivery shall be issued. 16. That the person of a debtor, where there is not strong presumption of fraud, shall not be continued in prison after delivering up his estates for the benefit of his creditors in such manner as shall be prescribed by law. 17. That no ex post facto law, nor any law impairing contracts, shall be made. 18. That no person shall be attainted of treason or felony by the legislature. 19. That no attainder shall work corruption of blood, nor, except during the life of the offender, forfeiture of estate to the commonwealth; that the estates of such persons as shell destroy their own lives shall descend or vest as in case natural death; and if any person shall be killed by casualty, there shall be no foreiture by reason thereof. 20. That the citizens have a right, in a peaceable manner, to assemble together 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. 21. That the right of the citizens to bear arms, in defence of themselves and the state, shall not be questioned. 22. 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 in strict subordination to the civil power. 23. 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. 24. That the legislature shall not 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. 25. That emigration from the state shall not be prohibited. 26. To guard against transgressions of the high powers which we have delegated, we declare, that every thing in this article, is excepted out of the general powers of government, and shall for ever remain inviolate. SCHEDULE. That no inconvenience may arise from the alterations and amendments in the constitution of this commonwealth, and, in order to carry the same into complete operation, it is hereby declared and ordained: 1. That all laws of this commonwealth, in force at the time of making the said alterations and amendments in the said constitution, and not inconsistent therewith, and all rights, actions, prosecutions, claims, and contracts, as well of individuals as of bodies corporate, shall continue as if the said alterations and amendments had not been made. 2. That the president and supreme executive council shall continue to exercise the executive authority of this commonwealth, as heretofore, until the third Tuesday of December next; but no intermediate vacancies in the council shall be supplied by new elections. 3. That all officers in the appointment of the executive deartment, shall continue in the exercise of the duties of their respective offices until the first day of September, one thousand seven hundred and ninety-one, unless their commissions shall sooner expire by their own limitations, or the said offices become vacant by death or resignation, and no longer, unless re-appointed and commissioned by the governor; except that the judges of the supreme court shall hold their offices for the terms in their commissions respectively expressed. 4. That justice shall be administered in the several counties of this state until the period aforesaid, by the same justices, in the same courts, and in the same manner, as heretofore. 5. That no person now in commission as sheriff, shall be eligible at the next election for a longer term than will, with the time which he shall have served in the said office, complete the term of three years. 6. That, until the first enumeration shall be made, as directed in the fourth section of the first article of the constitution established by this convention, the city of Philadelphia and the several counties shall be respectively entitled to elect the same number of representatives as is now prescrib ed by law. 7. That the first senate shall consist of eighteen members, to be chosen in districts, formed as follows, to wit: The city of Philadelphia and the counties of Philadelphia and Delaware shall be a district, and elect three senators: the county of Chester shall be a district, and shall elect one senator: the county of Bucks shall be a district, and shall elect one senator: the county of Montgomery shall be a district, and shall elect one senator: the county of Northampton shall be a district, and shall elect one senator: the counties of Lancaster and York shall be a district, and shall elect three senators: the counties of Berks and Dauphin shall be a district, and shall elect two senators: the counties of Cumberland and Mifflin shall be a district, and shall elect one senator: the counties of Northumberland, Luzerne: and Huntingdon, shall be a district, and shall elect one senator: the counties of Bedford and Franklin shall be a district, and shall elect one senator: the counties of Westmoreland and Alleghany shall be a district; and shall elect one senator: and the counties of Washington and Fayette shall be a district, and shall elect two senators: which senators shall serve until the first enumeration before-mentioned shall be made, and the representation in both houses of the legislature shall be established by law, and chosen as in the constitution is directed. Any vacancies which shall happen in the senate within the said time, shall be supplied as prescribed in the nineteenth section of the first article. 8. That the elections of senators shall be conducted, and the returns thereof made to the senate, in the same manner as is prescribed by the election laws of the state for conducting and making returns of the election of representatives. In those districts which consist of more than one county, the judges of the district elections within each county, after having formed a return of the whole election within that county, in such manner as is directed by law, shall send the same, by one or more, of their number, to the places hereinafter mentioned within the district, of which such county is a part, where the judges, so met, shall com pare and cast up the several county returns, and execute, under their hands and seals, one general and true return for the whole district; that is to say, the judges of the district composed of the city of Philadelphia, and the counties of Philadelphia and Delaware, shall meet in the state house in the city of Philadelphia; the judges of the district composed of the counties of Lancaster and York, shall meet at the court house in the county of Lancaster; the judges of the district composed of the counties of Berks and Dauphin, shall meet at Middletown in the county of Berks: the judges of the district composed of the counties of Cumberland and Mifflin, shall meet in Greenwood township, county of Cumberland, at the house now occupied by David Miller; the judges of the district composed of the counties of Northumberland, Luzerne, and Huntingdon, shall meet in the town of Sunbury; the judges of the district composed of the counties of Bedford and Franklin, shall meet at the house now occupied by John Dickey, in Air township, Bedford county; the judges of the district composed of the counties of Westmoreland and Alleghany, shall meet in Westmoreland county, at the court house in the town of Greensborough; the judges of the district composed of the counties of Washington and Fayette; shall meet at the court house in the town of Washington, in Washington county, on the third Tuesday of October respectively, for the purposes aforesaid. 9. That the election of the governor shall be conducted in the several counties, in the manner prescribed by the laws the state fort he election of representatives: and the re turns in each county shall be sealed by the judges of the elections, and transmitted to the president of the supreme executive council, directed to the speaker of the senate, as soon after the election as may be. Done in convention, the second day of September, in the year of our Lord one thousand seven hundred and ninety, and of the Independence of the United States of America the fifteenth. In testimony whereof we have hereunto subscribed our names. THOMAS MIFFLIN, President. William Robinson, jr. James Power, Robert Hare, Enoch Edwards, Samuel Ogden, Thomas Jenks, jr. Thomas Bull James Boyd, Edward Hand, William Irvine, Joseph Heister, Joseph Powell, Timothy Pickering, Andrew Henderson, John Gibson, Thomas Beale, Nathaniel Newlin, Attest, Joseph Redman, Secretary, Jacob Shallus, Assistant Secretary. |