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them may appear neceffary to promote their fafety and happiness. And, whereas the inhabitants of this Commonwealth have, in confideration of protection only, heretofore acknowledged allegiance to the King of Great Britain; and the faid King has not only withdrawn that protection, but commenced, and ftill continues to carry on, with unabated vengeance, a most cruel and unjust war against them, employing therein, not only the troops of Great Britain, but foreign mercenaries, favages and flives, for the avowed purpose of reducing them to a total and abject fubmiffion to the defpotic domination of the Pitish Parliament, with many other acts of tyranny, (more fully fet forth in the declaration of Congrefs) whereby all allegiance and fealty to the faid King and his fucceffors, are diffolved, and at an end, and all power and authority derived from him, ceased in thefe colonies. And, whereas, it is abfolutely neceffary, for the welfare and fafety of the inhabitants of faid colonies, that they be henceforth free and independent flates, and that juft, permanent and proper forms of government exift in every part of them, derived from and founded on the authority of the people only, agreeably to the directions of the honorable American Congrels. We, the reprefentatives of the free men of Pennfylvania, in general convention met, for the exprefs purpose of framing fuch a government, confeffing the goodness of the great Governor of the Univerfe, (who alone knows to what degree of earthly happiness mankind may attain, by perfecting the arts of government) in permitting the people of this ftate, by common confent, and without violence, deliberately to form for themselves fuch juft rules as they fhall think beft for governing their future fociety; and being fully convinced, that it is our indifpenfible duty to establish fuch original principles of government, as will beft promote the general happiness of the people of this flate, and their pofterity, and provide for future improvements, without partiality for, or prejudice against any particular clafs, feet, or denomination of men whatever, do, by virtue of the authority vefted in us by our conflituents, ordain, declare and establish the following declaration of rights, and frame of government, to be the conflitution of this Commonwealth, and to remain in force therein forever, unaltered, except in fuch articles as fhall hereafter on experience be found to require improvement, and which fhall by the fame authority of the people, fairly delegated as this frame of government directs, be amended or improved, for the more effectual obtaining and fecuring the great end and defign of all government, herein before mentioned."

These are the fentiments, which operated on the minds of those patriots who laid the foundation of free government, and formed a conflitution for the commonwealth. We fee, fir, the regard they poffeffed for preferving the life, liberty, and pro

perty of the citizen. The first fentiments which they exprefs in the declaration of rights, are these: "Sect. 1. That all men are born equally free and independent, and have certain natu ral, inherent, and unalienable rights, amongst which are, the enjoying and defending of life and liberty" [what is life, with out liberty?]" acquiring, poffeffing and protecting property, and purfuing and obtaining happiness and fafety,"

Thus we fee, fir, that the primary confiderations in the view of the fages who framed our government, were the fecurity of life, liberty, property and happiness, and thefe they have kept conftantly in view, throughout the whole declaration of rights. We read next, "Article 4. That all power being originally inherent in, and confequently derived from the people; therefore all officers of government, whether legislative or executive, are their trustees and fervants, and at all times accountable to them."

That all power being originally derived from the people, therefore all officers are, at all times, accountable to them.

5. "That government is, or ought to be, inftituted for the common benefit, protection and fecurity of the people, nation or community; and not for the particular emolument or advan tage of any fingle man, family, or fet of men, who are a part only of that community: And, that the community hath an indubitable, unalienable, and indefeafible right to reform, alter, or abolish government, in fuch manner as fhall be by that community judged most conducive to the public weal."

6. "That thofe who are employed in the legislative and executive bufinefs of the ftate, may be reftrained from oppreffion, the people have a right, at fuch periods as they may think proper, to reduce their public officers to a private flation, and fupply the vacancies by certain and regular elections."

8. "That every member of fociety hath a right to be protected in the enjoyment of life, liberty and property, and therefore is bound to contribute his proportion towards the expence of that protection, and yield his perfonal fervice when neceffary, or an equivalent thereto; But no man's property can be justly taken from him, or applied to public ufes, without his own confent, or that of his legal reprefentatives: Nor can any man, who is confcientiously fcrupulous of bearing arms, be juftIv compelled thereto, if he will pay fuch equivalent; nor are the people bound by any laws, but fuch as they have in like manner affented to, for their common good."

Almoft in every line, we fee that the liberty of the citizen, is provided for, and the protection of his rights guaranteed,

9. "That in all profecutions for criminal offences, a man hath a right to be heard by himself and his counfel, to demand the cause and nature of his accufation, to be confronted with the witneffes, to call for evidence in his favor, and a speedy public trial, by an impartial jury of the country, without the unanimous confent of which jury he cannot be found guilty; nor can he be compelled to give evidence against himself; nor can any man be justly deprived of his liberty, except by the laws of the land, or the judgment of his peers."

12. "That the people have a right to freedom of speech, and of writing, and publishing their fentiments; therefore, the freedom of the prefs ought not to be reftrained.”

14. "That a frequent recurrence to fundamental principles, and a firm adherance to juftice, moderation, temperance, induftry and frugality, are abfolutely neceffary to preferve the bleffings of liberty, and keep a government free: The people ought, therefore, to pay particular attention to thefe points in the choice of officers and reprefentatives, and have a right to exact a due and conftant regard to them, from their legislators and magiftrates, in making and executing fuch laws as are neceffary for the good government of the state."

Thefe, fir, are the fentiments expreffed by thofe fathers of our country, when they fhook off the yoke, and dared all dangers for their pofterity. In almost every line, we difcover that Liberty is the pervading found. They had before them the experience and the hiftory of all ages-they guarded against the errors of others, and in the distribution of the various powers of government, guarded against the introduction of those caufes of affliction, which might accumulate against the life, liberty, and property of the citizen. The frame of our conftitution, is governed by that idea, and the powers are thus diftributed in the plan of government.

SECT. 2. "The fupreme legislative power shall be vested in a House of Reprefentatives of the freemen of the Commonwealth of Pennsylvania."

SECT. 3. "The fupreme executive power shall be vested in a Prefident and Council.'

SECT. 4. "Courts of Justice fhall be established in the city of Philadelphia, and in every county of this ftate."

Jealous, however, that the legislative body, although chofen annually by the people, might arrogate too much power, they provided that all bills fhould be printed for the public informa

tion.

SECT. 15. To the end that laws before they are enacted may be more maturely confidered, and the inconvenience of hafty determinations as much as poffible prevented, all bills of public nature shall be printed for the confideration of the people, before they are read in General Affembly, the last time, for debate and amendment; and, except on occafions of fudden neceffity, fhall not be paffed into laws until the next feffion of Affembly; and, for the more perfect fatisfaction of the public, the reafons and motives for making fuch laws, fhall be fully and clearly expreffed in the preambles."

Again we find, as if this idea was first in the mind of our enlightened fages. We find, that altho' the Judges of the Supreme Court were commiffioned only for feven years, and removable for misbehavior, at any time, by the Affembly, it is declared in fection 39, that "exceffive bail fhall not be exacted for bailable offences, and all fines all be moderate." Nay, fo careful were they of perfonal liberty, that they declared "the perfon of a debtor, when there is not a itrong prefumption of fraud, fhall not be continued in prifon."

Notwithstanding all thefe provifions, we find that they are ftill jealous, left all this power delegated to the government, fhould be exercised against them; therefore, a council of cenfors were established to act as a still further controul.

SECT. 47. "In order that the freedom of the Commonwealth may be preferved inviolate forever, there fhall be chofen by ballet 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 Tuesday 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 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 exercifed other or greater powers than they are entitled to by the constitution.”

We find that, agreeably to this provifion, the council of cenfors did meet, for the purpose of examining whether the powers of government were faithfully exercised. Permit me to read a few extracts from their proceedings. The conflitution

provided, that "trials by jury fhall be as heretofore." The cenfors find that

"Chapter 45 of Vol. II. of acts of Affembly, paffed December 3d, 1782, enabling the prefident and council to direct the trial of thofe who fhould be charged with treafonably fetting up a new and independent government within Pennfylvania, to be in another county, than that in which the facts were done, is unconftitutional."

"Trial by jury is taken away, in the cafe of harboring deferters from the armies of the United States; and the offenders fubjected to fummary conviction, and to whipping——Vol. 1. Chap. 9. Sect. 3. The fame is done, in cafe of harboring de ferters from the fhips of war, of his moft Chriftian Majefty. The offenders are liable to a fine of 301. on the fummary judg ment of his two Juftices of the Peace, and the certiorari denied.——— Vol. 2. Chap. 59. Sect. 2."

"The jurifdiction of the Court of Admiralty, which proceeds without a jury, is brought upon the land, and extended to the demands of artificers, who build or repair fhips and veffels. Befides, it may with juftice be apprehended, that this new embarraffment, upon this kind of moveable property, will deter foreigners from trusting their veffels into our port.———Vol. 2. Chap. 134.

"It is the opinion of this committee, that the acts of Affembly, which reftrained for a time, the full operation of the writ of habeas corpus, are infringements of the conftitution."

"The frequent interpofition of the Legiflature, in behalf of particular perfons, (held in execution for debt) may, all of them, be jufily branded with the appellation of laws after the factwhereas this fection calls for general regulations; by a general law, which may be known before the contras be made. These acts of mercy to individuals, too often dependent upon favor or prejudice, before large bodies of men, will probably bring us into difcredit, if not into difputes with foreign nations. They ought to be abandoned immediately, and a general law provided." (Report of censors.)

Thus you fee, fir, that the whole burden of the fong is, that the preceding Legislature had violated their powers, and that the liberties of the people had been invaded; and, perceiving that although they could cenfure and recommend fuch measures as were falutary, they had no authority to chaftife the officers, in the various departments of government, who had violated the conftitution; this, and other coincident caufes produced a dif

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