N ས་ not exceeding thirty days, in the recefs of the house only: Seat. 21. All commiffions fhall be in the name, and by the vd beasti ger Sed. 22. Every officer of ftate, whether judicial, or exer cutive, fhall be liable to be impeached by the general affem bly, when in the office, or after his refignation, or removal for mal-adminiftration: All impeachments thall be best fore the prefident or vice-prefident and council, who thall hear and determine the fame. Sect. 23. The judges of the fupreme court of judicature fhall have fixed falaries, be commiffioned for feven years only, though capable of re-appointment at the end of that term, but removeable for mifbehaviour at any time by the general affembly; they fhall not be allowed to fit as members in the continental congrefs, executive council, or general affembly, nor to hold any other office civil or military; nor to take or receive fees or perquifites of any kind. Sect. 24. The fupreme court, and the feveral courts of com mon pleas of this commonwealth, fhall, befides the powers! ufually exercifed by fuch courts, have the powers of a court of chancery, fo far as relates to the perpetuating teftimony, obtaining evidence from places not within this ftate, and the care of the perfons and eftates of thole who are non campotes mentis, and fuch other powers as may be found neceffary by future ge neral aflemblies, hot inconfiffent with this conftitution. Sect. 25. Trials fhall be by jury as heretofore: And it is pe commended to the legiflature of this flate to provide by law against every corruption or partiality in the choice, return of appointment of juries, holis old £ Sect. 26 Courts of Tellions, common, pleas, and orphans dansit som fixad to ssio courts fhall be held. quarterly in each city and county and legislature fhall have power to effablifh all fuch other courts as they may judge for the good of the inhabitants of the ftate, All courts fhall be open, and juffice fhall be impartially ad ministered, without corruption or unneceffary delay: All their officers CONSTITUTION OF PENNSYLVANIA. 8 officers fhall be paid an adequate but moderate compenfation for their fervices: And if any officer fhall take greater or other fees than the laws allow him, either directly or indirectly, it fhall ever after difqualify him from holding any office in this fate. Sect. 27. All profecutions fhall commence in the name and by the authority of the freemen of the commonwealth of Pent fylvania; and all indictments fhall conclude with these words, Against the peace and dignity of the fame." The style of all procefs hereafter in this ftate fhall be, The commonwealth of Pennfylvania. Sect. 28. The perfon of a debtor, where there is not a strong prefumption of fraud, fhall not be continued in prifon, after delivering up, bona fide, all his eftate real and perfonal, for the ufe of his creditors, in fuch manner as fhall be hereafter regulated by law. All prifoners fhall be bailable by fufficient fureties, unlefs for capital offences, when the proof is evident, or prefumption great. Sect. 29. Exceffive bail thall not be exacted for bailable ofer fences; And all fines fhall be moderate square spot Set. 30. Juftices of the peace fhall be elected by the free holders of each city and county refpectively, that is story, two or more perfons may be chofen for each ward, townships or diftrict, as the law fhall hereafter direct: And their names hall be returned to the prefident in council, who shall com miffionate one or more of them for each ward, township, or diftrict fo returning, for feven years, removable for mifconduct by the general aflembly But if any city or county, ward, township, or district in this commonwealth, fhall hereafter in cline to peace, as fettled inner of appointing their juftices of the this article, the general affembly may make laws to regulate the fame, agreeable to the defire of a majority of the freeholders of the city or county, ward, township, or diffrict fo applying. No juftice of the peace hall fit in the general affembly, unlefs he firft refign his commiffion, nor shall he be allowed to take any fees, nor any falary or allowancey except fuch as the future legislature may grant. esildise leven Set. 31. Sheriffs and coroners, fhall be elected annually in each city and county, by the freemen; that is to fay, two perfons for each office, one of whom for each, je to be commiffioned by the prefident in council. No perfon fhall continue in the office of theriff more than three fucceffive years, or be capable of being again elected during four years, afterwards The election thall be held at the fame time and place appointed for the election of reprefentatives. And the commiffioness and affeffors, and other officers chofen by the people, offtall also be then and there elected, as has been ufual heretofore, until altered ་་ altered or otherwife regulated by the future legiflature of this Sect. 33. All fees, licence money, fines, and forfeitures heretofore granted, or paid to the governor, or his deputies for the fupport of government, fhall hereafter be paid into the public treafury, unless altered or abolished by the future legiffa ture. Sec. 34. A regifter's office for the probate of wills, and granting ing letters of administration, and an office for the recording of deeds, fhall be kept in each city and county: The officers to be appointed by the general affembly, removeable at their pleafure, and to be commiffioned by the prefident in council. Sect. 35. The printing preffes fhall be free to every perfon who undertakes to examine the proceedings of the legislature, or any part of government. 1011 Set. 36. As every freeman to preferve his independence (if without a fufficient eftate) ought to have fome profeffion, calling, trade or farm, whereby he may honeftly fubfift, there can be no neceffity for, nor ufe in establishing offices of profit the ufual effects of which are dependence and fervility, unbecoming freemen, in the poffeffors and expectants; faction, contention, corruption, and diforder among the people. But if any man is called into public fervice, to the prejudice of his private affairs, he has a right to a reasonable compenfation : And whenever an office, through increase of fees, or otherwise, becomes fo profitable as to occafion many to apply for it, the profits ought to be leffened by the legiflature. Sect. 37. The future legislature of this ftate, fhall regulate entails in fuch a manner as to prevent perpetuities. Sect. 38. The penal laws as heretofore ufed, fhall be reformed by the legiflature of this ftate, as foon as may be, and punishments made in fome cafes lefs fanguinary, and in general more proportionate to the crimes. U Sect. 39. To deter more effectually from the commiffion of crimes, by continual vifible punishment of long duration, and to make fanguinary punishments lefs neceffary, houfes ought to be provided for punishing by hard labour, thofe who fhall be convicted of crimes not capital; wherein the criminals fhall be employed for the benefit of the public, or for reparation of injuries injuries done to private perfons; And all perfons at proper times fhall be admitted to fee the prifoners at their labour. Sect. 40. Every officer, whether judicial, executive, or military, in authority under this commonwealth, fhall take the following oath or affirmation of allegiance, and general oath of office, before he enter on the execution of his office. The oath or affirmation of allegiance, I how do wear (or affirm) That I will be true and faithful to the commonwealth of Pennsylvania: And that I will not directly or indirectly do any act or thing prejudicial or injurious to the conftitution or government thereof, as eftablifhed by the convention." The oath or affirmation of office. do of That I will faithfully execute the office wear (or affirm) for the 012 of and will do equal right and juftice to all men to the beft of my judgment and abilities, according to law." W Sect. 41. No public tax, cuftom, or contribution fhall be, impofed upon, or paid by the people of this tate, except by a law for that purpofe, And before any law be made for railing it, the purpofe for which any tax is to be raifed ought to appear clearly to the legislature to be of more fervice to the community. than the money would be, if not collected, which being well obferved, taxes can never be burdens. to Sect. 42. Every foreigner of good character, who comes fettle in this ftate, having firft taken an path or affirmation of allegiance to the fame, may purchale, or by other juft incans acquire, hold, and transfer land or other real eftate and after done year's refidence fhall be deemed a free denizen thereof, and intitled to all the rights of a natural born fubject of this ftate, except that he fhall not be capable of being elected a reprefentative, until after two years refidence. Sec. 43. The inhabitants of this ftate fhall have liberty to fowl and hunt in feasonable times on the lands they hold, and on all other lands therein, not inclofed, and in like manner to fifh in all boatable waters, and others, not private property. as Sect. 441 A A fchool or fchools fhall be estab be established in each county by the legislature, for the convenient inftruction of youth, with fuch falaries to the mafters paid by the public, as may enable them to inftruct youth at low prices: And all ufeful learning shall be duly encouraged and promoted, in one or more univerfities. Sect, 45. Laws for the encouragement of virtue, and prevention of vice and immorality, fhall be made and conftantly. kept in force, and provifion fhall be made for their due execuhation: And all religious, focieties or bodies of men heretofore united or incorporated for the advancement of religion and fhall be encouraged, and protected in the enjoyment of the privileges, immunities and eftates, which they were accustomed to enjoy, learning, or for other pious and charitable purpolvileges, or or could of right have enjoyed, under the laws and former. conftitution of this ftate. Sect. 46. The declaration of rights is hereby declared to be a part of the conftitution of this commonwealth, and ought never to be violated on any pretence whatever. Sect. 47. In order that the freedom of this commonwealth may be preferved inviolate, for ever, there fhall be chofen by ballor by the freemen in each city and county refpectively, on the fecond Tuesday in October, in the year one thousand feven Hundred and eighty three, and on the fecond Tuefday in October in every feventh year thereafter, two perfons in each city and county of this ftate, to be called, The Council of Cenfors who fhall meet together on the fecond Monday of November, next enfuing their election; the majority of whom fhall be a quorum in every cafe, except as to calling a convention, in which two thirds of the whole number elected fhall agree; and whofe duty it fhall be to enquire whether the conftitution has been preferved inviolate in every part? And whether the legislative and executive branches of government have performed their duty as guardians of the people, or affumed to themselves, or exercised other or greater powers than they are entitled to by the conftitution: They are alfo to enquire whether the public taxes have been justly laid and collected in all parts of this commonwealth, in what manner the public monies have been difpofed of, and whether the laws have been duly executed. For thefe purposes they fhall have power to fend for perfons, papers, and records; they thall have authority to pafs public cenfares, to order impeachments, and to recommend to the legiflature the repealing fuch laws as appear to them to have been enacted contrary to the principles of the conftitution: Thefe powers they fhall continue to have, for and during the fpace of one year from the day of their election, and no longer: The faid council of cenfors fhall alfo have power to call a convention, to meet within two years after their fitting, if there appear to them an abfolute neceffity of amending any article of the constitution which may be defective, explaining fuch as may be thought not clearly expreffed, and of adding fuch as are neceffary for the prefervation of the rights and happinefs of the people: But the articles to be amended, and the amendments propofed, and fuch articles as are propofed to be added or abolished, shall be promulgated at least fix months before the day appointed for the election of fuch convention, for the previous confideration of the people, that they may have an opportunity of inftructing their delegates on the fubject. |