CHAPTER II PLAN or FRAME of GOVERNMENT. Sect. I. THE commonwealth or ftate of Pennsylvania THE the reprefentatives of the freemen of the fame, and a prefident and council, in manner and form following Sect. 2. The fupreme legiflative power, fhall be vested in a houfe of reprefentatives of the freemen of the commonwealth, or ftate of Pennfylvania. Sect. 3. The fupreme executive power fhall be vested in a prefident and council. **** Sect. 4. Courts of juftice fhall be established in the city of Philadelphia, and in every county of this ftate. Sect. 5. The freemen of this common wealth and their fonso fhall be trained and armed for its defence, under fuch regulations, restrictions, and exceptions as the general affemply fhall by law direct, preferving always, to the people the right of chufing their colonel, and all commiffioned officers under thatt rank, in fuch manner and as often as by the faid laws shall be directed, Sect. 6. Every freeman of the full age of twenty-one years, having refided in this ftate for the space of one whole year next before the day of election for reprefentatives, and paid public taxes during that time, thall enjoy the right of an elector: Provided always, that fons of freeholders of the age of twentyone years fhall be intitled to vote, although they have not paid taxes. Sect. 7. The house of reprefentatives of the freemen of this commonwealth, fhall confift of perfons moft noted for wifdom and virtue, to be chofen by the freemen of every city and county of this common wealth refpectively. And no perfon fhall. be elected unless he has refided in the city or county for which he fhall be chofen, two years immediately before the faid elec tion; nor fhall any member, while he continues fuch, hold any other office, except in the militia. Sect. 8. No perfon fhall be capable of being elected a mem ber to ferve in the house of reprefentatives of the freemen of this commonwealth more than four years, in feven. Sect. 9. The members of the house of reprefentatives fhall be chofen annually by ballot, by the freemen of the commonwealth, on the fecond Tuesday in October for ever, (except this prefent year) and fhall meet on the fourth Monday of the fame t fame month, and fhall be ftiled, The General Affembly of Repre fentatives of the Freemen of Pennsylvania, and fhall have power to chufe their speaker, the treasurer of the ftate, and their other officers; fit on their own adjournments; prepare bills and enact them into laws; judge of the elections and qualifications of their own members; they may expel a member, but not a fecond time for the fame caufe; they may adminifter oaths or affirmations on examination of witneffes; redrefs grievances; impeach ftate criminals; grant charters of incorporation; constitute towns, boroughs, cities and counties? And fhall have all other powers neceflary for the legiflature of a free state or commonwealth: But they fhall have no power to add to, alter, abolish, or infringe any part of this conftitution. Sect. 10. A quorum of the house of reprefentatives fhall confift of two thirds of the whole number of members elected ; and having met and chofen their fpeaker, fhall each of them before they proceed to bufinefs, take and fubfcribe, as well the oath or affirmation of fidelity and allegiance herein after directed, as the following oath or affirmation, viz. "I do fwear (or affirm) that as a member of this affembly, I will not propofe or affent to any bill, vote, or refolution, which shall appear to me injurious to the people; nor do or confent to any act or thing whatever, that fhall have a tendency to leffen or abridge their rights and privileges, as declared in the constitution of this ftate; but will in all things conduct myfelf as a faithful honeft representative and guardian of the people, according to the beft of my judgment and abilities." And each member before he takes his feat, fhrall make and fubfcribe the following declaration, viz. I do believe in one God, the creator and governor of the univerfe, the rewarder of the good and the punisher of the wicked. And I do acknowledge the fcriptures of the Old and New Teftament to be given by divine infpiration.” And no further or other religious teft fhall ever hereafter be required of any civil officer or magiftrate in this ftate. Sect. 11. Delegates to represent this ftate in congrefs fhall be chofen by ballot by the future general affembly at their firft meeting, and annually for ever afterwards, as long as fuch reprefentation fhall be neceffary. Any delegate may be fuperfeded at any time, by the general affembly appointing another in his ftead. No man fhall fit in congrefs longer than two years fucceffively," nor be capable of re-election for three years afterwards: And no person who holds any office in the gift of the congrefs, fhall hereafter be elected to reprefent this commonwealth in congrefs. Sect. 12. If any city or cities, county or counties fhall neglect or refuse to elect and send reprefentatives to the general affembly affembly, two thirds of the members from the cities or counties that do elect and fend reprefentatives, provided they may be a majority of the cities and counties of the whole state, when met fhall have all the powers of the general affembly, as fully and amply as if the whole were prefent. Sect. 13. The doors of the house in which the reprefentatives of the freemen of this ftate fhall fit in general affembly, fhall be and remain open for the admiffion of all perfons who behave decently, except only when the welfare of this ftate may require the doors to be fhut. Sect. 14. The votes and proceedings of the general affembly fhall be printed weekly during their fitting, with the yeas and nays on any queftion, vote, or refolution, where any two members require it, except when the vote is taken by ballot; and when the yeas and nays are fo taken, every member fhall have a right to infert the reasons of his vote upon the minutes, if he 'defire it. 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 fhall 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 shall 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. Sect. 16. The ftile of the laws of this commonwealth fhall be, Be it enacted, and it is hereby enacted by the reprefentatives of the freemen of the commonwealth of Pennfylvania, in general assembly met, and by the authority of the fame." And the general affembly fhall affix their feal to every bill, as foon as it is enacted into a law, which feal fhall be kept by the affembly, and fhall be called, The feal of the laws of Pennsylvania, and fhall not be used for any other purpose. Sect. 17. The city of Philadelphia, and each county in this commonwealth refpectively, fhall on the first Tuesday of November in this present year, and on the second Tuesday in October annually, for the two next fucceeding years, to wit, the year one thousand feven hundred and feyenty feven, and the year one thoufand feven hundred and feventy eight, chufe fix perfons to represent them in general affembly. But as reprefentation in proportion to the number of taxable inhabitants, is the only principle which can at all times fecure liberty, and make the voice of a majority of the people the law of the land; therefore the general affembly fhall caufe compleat lifts of the taxable inhabitants in the city and each county in the commonwealth refpectively, to be taken, and returned to them, on M or or before the last meeting of the affembly, elected in the year one thoufand feven hundred and feventy eight, who fhall appoint a reprefentation to each, in proportion to the number of taxables in fuch returns; which representation fhall continue For the next feven years afterwards, at the end of which, a new return of the taxable inhabitants fhall be made, and a reprefentation agreeable thereto appointed by the faid affembly, and fo on feptennially for ever. The wages of the representatives in general affembly, and all other ftate charges fhall be paid out of the fate treafury. Sett. 18. In order that the freemen of this commonwealth may enjoy the benefit of election as equally as may be, until the reprefentation fhall commence, as directed in the foregoing fection, each county at its own choice may be divided into dif ftrics, hold elections therein, and elect their representatives in the county, and their other elective officers, as fhall be hereafter regulated by the general affembly of this state. And no inhabitant of this ftate fhall have more than one annual vote, at the general election for reprefentatives in affembly. Sect. 19. For the prefent the fupreme executive council of this ftate fhall confift of twelve perfons, chofen in the following manner: The freemen of the city of Philadelphia, and of the counties of Philadelphia, Chefter, and Bucks, refpectively, fhall choose by ballot one perfon for the city, and one for each county aforefaid, to ferve for three years and no longer, at the time and place for electing reprefentatives in general affembly. The freemen of the counties of Lancafter, York, Cumberland, and Berks, fhall, in like manner, elect one person for each county respectively, to ferve as counfellors for two years, and no longer. And the counties of Northampton, Bedford, Northumberland, and Weftmoreland, refpectively, fhall, in like manner elect one perfon for each county, to ferve as counfellors for one year, and no longer. And at the expiration of the time for which each counfellor was chofen to ferve, the freemen of the city of Philadelphia, and of the feveral counties in this ftate, refpectively, fhall elect one perfon to ferve as counfellor for three years and no longer; and fo on every third year for ever. By this mode of election and continual rotation, more men will be trained to public bufinefs, there will in every fubfequent year be found in the council, a number of perfons acquainted with the proceedings of the foregoing years, whereby the bufinefs will be more confiftently conducted, and moreover the danger of establishing an inconvenient ariftrocacy will be effectually prevented. All vacancies in the council that may happen by death, refignation, or otherwife, shall be filled at the next general election for reprefentatives in general affembly, unless a particular election for that purpofe hall be fooner appointed by the prefident and council, No member of the gentral affembly, or delegate in congrefs, fhall be chofen a member of the council. The prefident and viceprefident fhall be chofen annually, by the joint ballot of the general affembly and council, of the members of the council. Any perfon having ferved as a counfellor for three fucceffive years, fhall be incapable of holding that office for four years afterwards. Every member of the council fhall be a juftice of the peace for the whole commonwealth, by virtue of his office. In cafe new additional counties fhall hereafter be erected in this ftate, fuch county or counties fhall elect a counsellor, and fuch county or counties fhall be annexed to the next neighbouring counties, and fhall take rotation with fuch .counties.. The council fhall meet annually, at the fame time and place with the general affembly. The treasurer of the state, truftees of the loan office, naval officers, collectors of cuftoms or excife, judge of the admiralty attornies-general, fheriffs and prothonotaries, fhall not be capable of a feat in the general affembly, executive council, or continental congrefs. go Sect. 20. The prefident, and in his abfence the vice-prefident with the council, five of whom fhall be a quorum, fhall have power to appoint and commiffionate judges, naval officers, judge of the admiralty, attorney general, and all other offcers, civil and military, except fuch as are chofen by the general affembly, or the people, agreeable to this frame of vernment, and the laws that may be made hereafter; and fhall fupply every vacancy, in any office, occafioned by death, refignation, removal, or difqualification, until the office can be filled in the time and manner directed by a law or this conftitution. They are to correfpond with other ftates, and tranfact bufinefs with the officers. of government, civil and military; and to prepare fuch business as may appear to them ne-ceffary, to lay before the general affembly. They fhall fit as judges to hear and determine on impeachments, taking to their affiftance, for advice only, the juftices of the fupreme court. And fhall have power to grant pardons, and remit fines, in all cafes whatfoever, except in cafes of impeachment; and in cafes of treafon and murder, fhall have power to grant reprieves, but not to pardon, until the end of the next feffions of affembly; but there fhall be no remiffion or mitigation of punishments on impeachments, except by act of the legislature; they are alfo to take care that the laws be faithfully executed; they are to expedite the execution of fuch measures as may be refolved upon by the general affembly; and they may draw upon the treafury for fuch fums as fhall be appropriated by the house they may alfo lay embargoes, or prohibit the exportarion of any commodity, for any time, M 2 not |