Sidebilder
PDF
ePub

wealth in such manner, in such Courts, and in such cases, as the Legislature may by Jlaw direct.

XII. That no power of suspending laws shall be exercised, unless by the Legislature or its authority.

XIII. That excessive bail shall not be required, nor excessive fines imposed, nor cruel punishments inflicted.

XIV. That all prisoners shall be bailable by sufficient sureties, unless for capital offences, when the proof is evident, or presumption great; and the privilege of the writ of Habeas Corpus shall not be suspended, unless when in ca«es of rebellion or invasion, the public safety may require it.

XV. That no commission of oyer and terminer or gaol delivery shall be issued.

XVI. That the person of a debtor, where there is not strong presumption of fraud, shall not be continued in prison, after delivering up his estate for the benefit of his creditors, in such manner as shall be prescribed hy law.

XVII. That no ex post facto law, nor any law impairing contracts, shall be made.

XVIII. That no person shall be attainted of treason or felony by the Legislature.

XIX. 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 shall destroy their own lives, shall descend or vest as in case of natural death ; and if any person shall be killed by casualty, there shall be no forfeiture by reason thereof.

XX. That the citizens have a right, in a peaceable manner, toassemble 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.

XXL That the right of the citizens to bear arms, in defence of themselves and the State, shall not be questioned.

XXII. 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.

XXIII. 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 manner prescribed by law.

XXIV. 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 (luring good behaviour.

XXV. That emigration from the State shall not be prohibited.

XXVI. 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 forever 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

I. 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 right?, 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.

II. 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.

III. That all officers in the appointment of the executive department, 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 . judges of the Supreme Court shall hoM their offices for

the terms in their commissions respectively expressed.

IV. That justice shall be administered in the several" counties of this State, until the period aforesaid, by the same Justices, in the samcCourts, and in the same manner, as heretofore.

V. 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.

VI. That, until the first enumeration shall be made, as directed in the 4th 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 prescribed by law.

VII. 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 elect one Senator: the county of Montgomery shall be a district, and elect one Senator: the county of Northampton shall be a district, and 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 shail be a district, and shall elect one Senator; the counties of Northumberland, Luzerne and Huntingdon, shall be a district, and shall elect one icenator: the counties of Bedford and Franklin shzW 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 sliall happen in the Senate, within

in the said time, shall be supplied as prescribed in the 19 th section of the first article.

VIII. 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 return 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 place hereinafter mentioned within the district, of which such county is a part, where the judges, so met, shall compare 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 MX31in, shall meet in Greenwood township, county of Cumberland, at the house now occupied by David Miller; ihe judges of the district composed of the counties of Northumberland, Luzerne, and Huntingdon, shall meet in the town of Stmbury; 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; and the judges of the district composed of the counties of Washington and Fayette, shall meet at the CourtHouse in the town of Washington, in Washington county, on the third Tuesday in October respectively, for the purposes aforesaid. That

Skct. 2. No religious test shall be required as a qualification to any office, or public trust, under this State.

Sect. 3. All elections shall be free and equal.

Skct. 4. Trial by jury shall be as heretofore.

Sect. 5. The press shall be free to every citizen, who undertakes to examine the official conduct of men acting in a public capacity; and any citizen may print on anysubject, being responsible for the abuse of that liberty. In prosecutions for publications, investigating the proceedings of officers, 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 may determine the fact and the law, as in other cases.

Sect. G. The people shall be secure in their persons, houses, papers, and possessions, from unreasonable searches and seizures; and no warrant to search any place, or to seize any perton or thing, shall issue without describing them as particularly as may be; nor then, unless there be probable cause supported by oath or affirmation.

Sect. 7. In all criminal prosecutions, the accused hath a right to be heard by himself and his counsel, to be plainly and fully informed of the nature and cause of the accusation against him, to meet the witnesses in their examination face to face, to have compulsory process in due time, on application by himself, his friends or counsel, for obtaining witnesses in his favour, and a '.needy and public trial by an impartial jury: He shall not be compelled to give evidence against himself; nor shall be deprived of life, liberty, or property, unless by the judgment of his peers, or the law of the land.

Sect. S. No person 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; and no person shall be for the same otlence 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 ompensation being made. All

« ForrigeFortsett »