1.

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 of the general affembly and council, of the members of the council. Any person having served as a counsellor for three successive years, shall be incapable of holding that office for four years afterwards. Every member of the council shall be a justice of the peace for the whole commonwealth, by virtue of his 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 shall take rotation with fuch

counties.

The council shall meet annually, at the same time and place with the general: ffembly.

The treasurer of the state, trustees of the loan office, naval officers, collectors of customs or excife, judge of the admiralty attornies-general, sheriffs and prothonotaries, fhall not be capable of a feat in the general assembly, executive council, or continental congrefs.

Selt. 20. The prefident, and in his absence the vice-prefident with the council, five of whom shall be a quorum, shall have power to appoint and commissionate judges, naval officers, judge of the admiralty, attorney general, and all other offieers, civil and military, except fuch 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, occafioned by death, refignation, removal, or disqualification, until the office can be filled in the time and manner directed by a law or this conftitution. They are to correspond with other states, and tranfact business with the officers of government, civil and military; and to prepare such business as may appear to them neceffary, to lay before the general assembly. They shall fit as judges to hear and determine on impeachments, taking to their afsistance, for advice only, the justices of the fupreme court. And shall have power to grant pardons, and remit fines, in all cases whatsoever, except in cases of impeachment; and in cafes of treason and murder, shall have power to grant reprieves, but not to pardon, until the end of the next feffions 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 faithfully executed; they are to expedite the execution of fuch measures as may be refolved upon by the general assembly; and they may draw upon the treasury for fuch fums 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

not exceeding thirty days, in the recess of the house only: They may grant fuch licences as shall be directed by law and thall have power to call together the general assembly when necessary, before the day to which they shall stand adjourned. The prefident shall be commander in chief of the forces of the state, but shall not command in person, except advised thereto by the council, and then only fo long as they shall approve thereof. The president and council shall have a fecretary, and keep fair books of their proceedings, wherein any counsellor may enter his diffent, with his reasons in support of it.

Selt. 21. All commissions shall be in the name, and by the authority of the freemen of the commonwealth of Pennsylvania, sealed with the state seal, signed by the prefident or vice-president, and attested by the secretary; which seal shall be kept by the council.

Sect. 22. Every officer of state, whether judicial, or executive, shall be liable to be impeached by the general affembly, either when in the office, or after his resignation, or removal for mal-administration: All impeachments shall be before the president or vice-prefident and council, who shall hear and determine the fame.

Sect. 23. The judges of the fupreme court of judicature shall have fixed salaries, be commissioned for seven years only, though capable of re-appointment at the end of that term, but removeable for misbehaviour at any time by the general assembly; they shall not be allowed to fit as members in the continental congress, executive council, or general assembly, nor to hold any other office civil or military; nor to take or receive fees or perquisites of any kind.

Sect. 24. The fupreme court, and the several courts of common pleas of this commonwealth, fhall, befides the powers usually exercised by such courts, have the powers of a court of chancery, fo far as relates to the perpetuating teftimony, obtaining evidence from places not within this state, and the care of the perfons and estates of those who are non compotes mentis, and fuch other powers as may be found neceffary by future ge⚫neral assemblies, not inconsistent with this conftitution.

Sect.

25. Trials shall be by jury as heretofore: And it is recommended to the legiflature ture of of this state to provide by law against ev every corruption or partiality in the choice, return, or appointment of juries.

3

- Sect. 26. Courts of feffions, common pleas, and orphans courts shall be held quarterly in each city and county; and legiflature shall have power to establish all fuch other courts as they may judge for the good of the inhabitants of the state. All courts shall be open, and justice fhall be impartially administered, without corruption or unneceffary delay: All their officers shall be paid an adequate but moderate compenfation for their services: And if an any officer shall take greater or other fees than the laws allow him, either directly or indirectly, it shall ever after disqualify him from holding any office in this ftate.

Sect. 27. All profecutions shall commence in the name and by the authority of the freemen of the commonwealth of Pennfylvania; and all indictments shall conclude with these words, Against the peace and dignity of the fame." The style of all process hereafter in this state shall be, The commonwealth of Pennsylvania,

Sett. 28. The perfon of a debtor, where there is not a strong presumption of fraud, shall not be continued in prison, after delivering up, bona fide, all his eftate real and personal, for the use of his creditors, in fuch manner as shall be hereafter regulated by law. All prisoners shall be bailable by fufficient fureties, unless for capital offences, when the proof is evident, or presumption great.

Sett. 29. Exceffive bail shall not be exacted for bailable of fences: And all fines shall be moderate,

Sect. 30. Justices of the peace shall be elected by the freeholders of each city and county respectively, that is to say, two or more persons may be chosen for each ward, township, or district, as the law shall hereafter direct: And their names shall be returned to the prefident in council, who shall commiffionate one or more of them for each ward, township, or district fo returning, for seven years, removable for misconduct by the general affembly: But if any city or county, ward, township, or district in this commonwealth, shall hereafter incline to change the manner of appointing their justices of the peace, as settled in this article, the general assembly 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 district so applying. No justice of the peace shall fit in the general assembly, unless he first refign his commiffion, nor shall he be allowed to take any fees, nor any falary or allowance, except such as the future legislature may grant.

Sect. 31. Sheriffs and coroners shall be elected annually in each city and county, by the freemen; that is to say, two perfons for each office, one of whom for each, is to be commiffioned by the prefident in council. No person shall continue in the office of sheriff more than three successive years, or be capable of being again elected during four years, afterwards. The election shall be held at the fame time and place appointed for the election of representatives: And the commiffioners and affeffors, and other officers chofen by the people, shall also be then and there elected, as has been usual heretofore, until altered altered or otherwise regulated by the future legislature of this ftate. Sect. 32. All elections, whether by the people or in in general 'affembly, shall be by ballot, free and voluntary: And any elector, who shall receive any gift or reward for his vote, in meat, drink, monies, or otherwise, shall forfeit his right to elect for that time, and suffer such other penalty as future laws shall direct. And any person who shall directly or indirectly give, promife, or bestow any fuch rewards to be elected, shall be thereby rendered incapable to serve for the ensuing year.

Sect. 33. All fees, licence money, fines, and forfeitures heretofore granted, or paid to the governor, or his deputies for the fupport of government, shall hereafter be paid into the public treasury, unless altered or abolished by the future legisla

ture.

Sect. 34. A register's office for the probate of wills, and granting letters of administration, and an office for the recording of deeds, shall be kept in each city and county: The officers to be appointed by the general assembly, removeable at their pleasure, and to be commiffioned by the president in council.

Sect. 35. The printing presses shall be free to every perfon who undertakes to examine the proceedings of the legislature, or any part of government.

Selt. 36. As every freeman to preserve his independence (if without a fufficient estate) ought to have fome profession, calling, trade or farm, whereby he may honestly subsist, there can be no neceffity for, nor use in establishing offices of profit; the ufual effects, of which are dependence and servility, unbecoming freemen, in the possessors and expectants; faction, contention, corruption, and disorder among the people. But if any man is called into public service, 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 so profitable as to occafion many to apply for it, the profits ought to be lessened by the legiflature.

Sett. 37. The future legislature of this state, shall regulate entails in such a manner as to prevent perpetuities.

Sect. 38. The penal laws as heretofore used, shall be reformed by the legiflature of this state, as foon as may be, and punishments made in some cases less sanguinary, and in general more proportionate to the crimes.

Sect. 39. To deter more effectually from the commiffion of crimes, by continual visible punishment of long duration, and to make fanguinary punishments less necessary, houses ought to be provided for punishing by hard labour, those who shall be convicted of crimes not capital; wherein the criminals shall be employed for the benefit of the public, or for reparation of injuries

L

injuries done to private persons; And all persons at proper times shall be admitted to lee the prisoners at their labour.

C

Sett. 40. Every officer, whether judicial, executive, or military, in authority under this commonwealth, shall 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 do swear (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 constitution or government thereof, as established by the convention." The oath or affirmation of office... I dofwear (or affirm) That I will faithfully execute the office of..... for the

of

and will do equal right and justice to all men to the

best of my judgment and abilities, according to law." Selt. 41. No public tax, custom, or contribution shall be imposed upon, or paid by the people of this state, except by a law for that purpose, And before any law be made for raifing it, the purpose for which any tax is to be raised ought to appear clearly to the legislature to be of more service to the community than the money would be, if not collected; which being well observed, taxes can never be burdens.

14

Sect. 42. Every foreigner of good character, who comes to settle in this state, having first taken an oath or affirmation of allegiance to the fame, may purchase, or by other just means acquire, hold, and transfer land or other real estate; and after one year's refidence shall be deemed a free denizen thereof, and intitled to all the rights of a natural born subject of this state; except that he shall not be capable of being elected a representative, until after two years refidence. 1

Sect. 43. The inhabitants of this state shall have liberty to fowl and hunt in seasonable times on the lands they hold, and on all other lands therein, not inclosed; and in like manner to fish in all boatable waters, and others, not private property.

Sect. 44. A school or schools shall be established in each county by the legislature, for the convenient instruction of youth, with such salaries to the masters paid by the public, as may enable them to instruct youth at low prices: And all useful learning shall be duly encouraged and promoted in one or more universities.

Sect. 45. Laws for the encouragement of virtue, and pres vention of vice and immorality, shall be made and conftantly kept in force, and provision shall be made for their due execution: And all religious focieties or bodies of men heretofore united or incorporated for the advancement of religion and learning, or for other pious and charitable purposes, shall be encouraged and protected in the enjoyment of the privileges, immunities and estates which they were accustomed to enjoy,

or