« ForrigeFortsett »
C H A Pt E R It.
PLJN or F,RAM:E is GO VE&NME NT.
Sett. i. fT^IIE. commonwealth or state of Pennsylvania X shall be governed hereafter by an assembly of the representatives of the freemen of the same, and a president and council, in manner and form following—— . , . > Sect. 2. .The supreme legislative power shall be vested, in, a.> house of representatives of the freemen of the commonwealth or state of Pennsylvania. --;; _', e
Sefi. 3, The supreme executive power shall be, vested in a president, and council. .., . . • M.>,
Sefl. 4. Courts of justice shall be established in the city ofPhiladelphia, and in.every county.pf thi»state. , ., , ,.
SeS. 5. The freemen of this common wealth and; tWecsimso shall be trained and armed for,its desence, under si«fcJS regulations, restrictions,, and exceptions as the genial affemply shall by [aw, d^e^,ppsejviflg, arrays, to ..the people the irightof. chusing their ccdon^,. aj2,;all.cpmmiffione$ officers undex.tbatt rank, in such manner and as often as by thfi saj4 laws shall ,be> directed,. . '..;•;-':.;o;:'' ,'..: ..rr.>Y
Se£i. 6, Every freeman of the full age of, twenty-one years, having resided in this state for-the space o£.,©ne, wjipJe.ygar.nfiXCi before the day of electionjfo^representatives,, and,paid public taxes during that time, fliall. enjoy the right of an.elector: Provided always, that sons of freeholders of the; age .of twenty-. one years shall be injtLtJed to .vot,e? althoygh, they have. not. paid taxes. ., . • ^ .,.,;,..;
Se£i. 7. The house of representatives .or^t^e, freemen of this.,. commonwealth, shall consists of. person^ mojr,no^d for wisdonK and virtue, to.be chosen by the freemen of every .city and county of this common wealth, respectively. ;And no person sttall: be elected unless he, has. resided in the cifty or county far which he shall be chosen, two years immediately before the said .election; nor shall any member, whije he continues such, hof&aaj^ otheroffice, except in the militia. ':yf . "-.-.;.:
Sect. 8. No person shall be capable of being elected ajnenv.. ber to, serve in ^the house of representatives of the. freemen os', this commonwealth more than four years, in, seven. ,,
Se£i. 9. The members of the house of represent^tiyessstall hs.. chosen annually by ballot, by the freemen of the commonwealth, on the second Tuesday in October for ever, (except this preseni; year) and shall, meet .on. the, fourjth, Monday of the
same month, and shall be stiled, The General AJsembly of Reprie~ sentatives of the Freemen of Pennjyhania, and shall have power to>: chuse their speaker, the treasurer of the state, and their other officers; fit on their own adjournments; prepare bills and enact them into laws j judge of the elections and qualifications of their own members; they may expel a member, but not a second time for the same cause ; they may administer oaths or affirmations on examination of witnesses ; redress grievances ; impeach state criminals; grant charters of incorporation ; .-constitute' towns, boroughs, cities and counties? And shall have all other powers necestary for the legislature of a free state or commonwealth: But they shall have no power to add to, alter; abolish j or infringe any part of this constitution. *.'» :'1
Sett. 10. A quorum of the house of representatives shall consist of two thirds of the whole number of members elected; and having met and chosen their speaker, shall each of them before they proceed-to business, take and subscribe, as well the oath or affirmation of fidelity and allegiance herein after directed, as the following oath or affirmation-, viz.
"I' do sweat (or affirm), that as a member of this
assembly, I will not propose or aslent te;any bill; vote, dr re-' solution, which shall appear to me. injurious to the people; nor do or consent to any act or thing whatever, that shall have a tendency to lessen or abridge their rights and privileges,asdeclared in the constitution of this state; but will in all things conduct myself as a saithsul honest representative and guardian of the people, accordingto the best of my judgment and abilities."
And each member before he takes his seat, shall make and subscribe the following declaration, viz.
"I do believe in one God, the creator and governor of the universe, the rewarder of the good and the punisher of the wicked. And I dd acknowledge the scriptures of the Old and New Testament to be given by divine inspiration."
And no surther or other religious test shall ever hereafter be , required of any civil officer or magistrate in'this state.
Sett. Ii. Delegates to represent this state in congress shall be chosen by ballot by the suture'geiieral assembly at their fffstmeeting, and annually for ever afterwards,-as long as such representation shall be necessary. Any delegate may be superseded at any time, by the general assembly appointing another in his stead. No man shall fit in congress longer than two years succeffively, nor be capable of re-election for three years afterwards: And no person who holds any office in the gift of the congress, shall hereafter be elected to represent this commonwealth in congress.
Sett. 12. If any city or cities, county or counties shall neglect or resuse to elect and send representatives to the general
Jffembly, two thirds of the metrifcers from the cities or counties that do elect and send representatives, provided they may be a majority of the cities and counties Of the whole state, when met (hall have all the powers of the general assembly, as'sully and amply as if the whole were present. ''"
.Sect. 13. The doors of the house in which the representatives 6f the freemen of this state shall fit in general assembly, 'shall be and remain open for the admiffion of all persons who behave decently, except only when the welsare of this state may require the doors to be shut.
Sect. \fi. The votes and proceedings of the general assembly shall be printed weekly during their fitting, with the yeas and nays on any question, vote, or resolution, where any two members require it, except when the vote is taken by ballot; and when the yeas and nays are so taken, every member shall have a right to insert the reasons/of his vofe upon the minutes, if he desire it.
Sect. 1-5. To the end that laws before they are enacted may be more" maturely considered, and the inconvenience of hasty determinations as much as possible prevented, all bills of public nature shall be printed for the consideration of the people, before they are read in general assembly the last- time for debate and amendment; and except on occasions cf sudden necessity shall not be passed into laws until the next seffion of assembly; and for the more persect satissaction of the public, the reasons and motives for making such laws shall be fully and clearly expressed in the preambles.
Sect. 16. The stile of the laws of this commonwealth shall be, " Be it enacted, and it is hereby enacted by the representatives of the freemen of the commonwealth of Pennsylvania, in general assembly met, and by the authority of the same." And the general assembly shall affix their seal to every bill, as soon as it is enacted into a law, which seal shall be kept by the assembly, and fliall be called, The seal'.of] the laws if Pennsylvania, and shall not be used for any other purpose.'
Sect. 17. The city of Philadelphia, and each county in this commonwealth respectively, shall on the first Tuesday of November in this present year, and on the second Tuesday in October, annually, for the two next succeeding years, to wit, the year one thousand seven hundred and seventy seven, ar-d the •year one thousand seven hundred and seventy eight, chuse six persons to represent them in general assembly. But as representation in proportion to the number of taxable inhabitants, is .the only principle which can at all times secure liberty, and -make the voice.of a majority of .the people the law of the land; therefore the general assembly shall cause compleat lists of the taxable inhabitants in the city and each county in the commonwealth respectively, to be taken, and returned to them, on
M or or before the last meeting of the assembly, elected in the year one thousand seven hvndred and seventy eight, who shall appoint a representation to each, in proportion to the number of tA*ab)« in such returns; which representation shall continue iext seven years afterwards, at the end of which, a new 4 the taxable inhabitants shall be made, and a represen;:«arceable thereto appointed by the said assembly, and so Cm septennially for ever. The wages of the representatives it» general assembly, and all other state charges shall be paid out ifthe state treasury.
Seil. 18. In order that the freemen of this commonwealth may enjoy the benefit of election as equally as may be, until the Representation shall commence, as diredted in the foregoing sectjJBjj, £*Ch county at its own choice may be divided into districts, hold elections therein, and elect their representatives in the county, and their other elective officers, as shall be hereafter regulated by the general assembly of this state. And no inhabitant of this state shall have more than one. annual vote, at the general election for representatives in assembly.
Seii. 19. For the present the supreme executive council of this state shall consist of twelve persons, chosen in the following manner: The freemen of the city of Philadelphia, and of the counties of Philadelphia, Chester,, and Bucks, respectively, shall choose by ballot one person for the city, and one for each county aforesaid, to serve for three years and no longer, at the time and place for electing representatives in general assembly. The freemen of the counties of Lancaster, York, Cumberland, and Berks, shall, in like manner, elect one person for each county respectively, to serve as counsellors for two years, and no longer. And the counties of Northampton, Bedford, Northumberland, and Westmoreland, respectively, shall, in like manner elect one person for each county, to serve as counsellors for one year, and no longer. And at the expiration of the time for which each counsellor was chosen to serve, the freemen of the city of Philadelphia, and of the several counties in this state, respectively, shall elect one person to serve as counsellor for three years and no longer; and so on every third year for ever. By this mode of election and continual rotation, more men will be trained to public business, there will in every subsequent year be found in the council, a number os persons acquainted with the proceedings of the foregoing years, whereby the business will be more consistently conducted, and moreover the danger of establishing an inconvenient aristrocacy will be effectually prevented. All vacancies in the council that may happen by death, resignation, or otherwise, shall be filled at the next general election for representatives in general assembly, unless a particular election for that purposed f^all be sooner appointed by the president and council. No . member of the gentral assembly, or delegate in congress, shall be chosen a member of the council. The president and vicepresident shall be chosen annually, by the joint ballot os the genera) assembly and council, of the members of the council. Any person having served as a counsellor for three succeffive years, shall be incapable of hoiding that office for sour years afterwards. Every member of the council shall be a justice of the peace for the whole commonwealth, by virtue"of hi»office.
In case new additional counties shall hereafter be erected in this state, such county or counties shall elect a counsellor, and such county or counties shall be annexed to the next neighbouring counties, and (hall take rotation with such counties.
The council shall meet annually, at the same time and place with the general assembly. . •.. , >i - •
The treasurer of the state, trustees of the loan office, naval officers, collectors of customs or excise, judge of t.he admiralty attornies-general, sheriffs and prothonotaries, .shall not be capable of a seat in the general assembly, executive council, or continental congress.
Se£f. ao. The president, and in his absence the vice-president with the council, five of whom shall be a quorum, shall have power to appoint and commiffionatc judges, naval officers, judge of the admiralty, attorney general, and all other officers, civil and military, except such as are chosen by the general assembly, or the people, agreeable to this frame of government, and the laws that may be made hereafter , and shall . supply every vacancy, in any office, occasioned by death, resignation, removal, or disqualification, until the office can be silled in the time and manner directed by a law or this constitution. They are to correspond with other states, and transact business with the officers, of government, civil and military; and to prepare such business as may appear to them necessary, to lay before the general assembly. They shall sit as judges to hear and determine, on impeachments, talcing to , their assistance, for advice only, the justices of the supreme court. And shall have power to grant pardons, and remit fines, in all cases whatsoever, except in cases of impeachment; and in cases of treason and murder, shall have power to grant reprieves, but not to pardon, until the end ,of the next sessions of assembly; but there shall be no remiffion or mitigation of punishments on impeachments, except by act of the legislature; they are also to take care that the laws be saithsully executed 5 they are to expedite the execution of such measures as may be resolved upon by the general assembly; and they may draw upon the treasury for such sums as shall be appropriated by the house; they may also lay embargoes, or prohibit the exportarion of any commodity, for any time,
M 2 not