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CHAPTER 11.

PLAN or FRAME of GOVERNMENT.

Sect. I.

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T HE commonwealth or state of Pennsylvania shall be governed hereafter by an assembly the representatives of the freemen of the fame, and a president and council, in manner and form following--

Sett. 2. The supreme legislative power shall be vested in a house of representatives of the freemen of the commonwealth or state of Pennsylvania.

Sect. 3. The fupreme executive power shall be vested in a president and council.

Sect. 4. Courts of justice shall be established in the city of Philadelphia, and in every county of this state.

Sect. 5. The freemen of this common wealth and their fonso shall be trained and armed for its defence, under such regula tions, restrictions, and exceptions as the general affemply shall by law direct, preserving always, to the people the right of chusing their colonel, and all commiffioned officers under that rank, in such manner and as often as by the said laws shallobe directed.

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Sett. 6. Every freeman of the full age of twenty-one years, having resided in this ftate for the space of one whole year next before the day of election for representatives, and paid public taxes during that time, shall enjoy the right of an elector: Provided always, that fons of freeholders of the age of twentyone years shall be intitled to vote, although they have not paid

taxes.

Sett. 7. The house of representatives of the freemen of this commonwealth, shall confift of persons most noted for wisdom. and virtue, to be chosen by the freemen of every city and county of this common wealth respectively. And no person shallı be elected unless he has refided in the city or county for which he shall be chosen, two years immediately before the faid elec tion; nor shall any member, while he continues such, hold any other office, except in the militia,

Sett. 8. No person shall be capable of being elected a member to serve in the house of representatives of the freemen of this commonwealth more than four years in seven.

Sett. 9. The members of the house of representatives shall be chosen annually by ballot, by the freemen of the commonwealth, on the second Tuesday in October for ever, (except this present year) and shall meet on the fourth Monday of the

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fame month, and shall be stiled, The General Assembly of Reprefentatives of the Freemen of Pennsylvania, 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; 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 adminifter oaths or affirmations on examination of witnesses; redress grievances; impeach state criminals; grant charters of incorporation; conftitute towns, boroughs, cities and counties? And shall have all other powers necessary for the legiflature of a free state or commonwealth: But they shall have no power to add to, alter, abolish, or infringe any part of this constitution.

Sect. 10. A quorum of the house of representatives shall confift 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 fubfcribe, as well the oath or affirmation of fidelity and allegiance herein after directed, as the following oath or affirmation, viz.

do swear (or affirm) that as a member of this afssembly, I will not propose or affent to any bill; vote, or refolution, which shall appear to me injurious to the people; nor do or consent to any act of thing whatever, that shall have a tendency to lessen or abridge their rights and privileges, as declared in the constitution of this state; but will in all things conduct myself as a faithful honest representative and guardian of the people, according to the best of my judgment and abilities." And each member before he takes his feat, frall 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 do acknowledge the fcriptures of the Old and New Testament to be given by divine infpiration."

And no further or other religious teft shall ever hereafter be required of any civil officer or magiftrate in this state.

Sect. 11. Delegates to represent this state in congress shall be chosen by ballot by the future general assembly at their first meeting, and annually for ever afterwards, as long as fuch reprefentation shall be necessary. Any delegate may be superseded at any time, by the general assembly appointing another in his ftead. No man shall fit in congress longer than two years successively, 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 congrefs. Sect. 12. If any city or cities, county or counties shall neglect or refuse to elect and send representatives to the general affembly assembly, two thirds of the members from the cities or counties that do elect and send reprefentatives, provided they may be a majority of the cities and counties of the whole state, when met shall have all the powers of the general assembly, as fully and amply as if the whole were present.

Sett. 13. The doors of the house in which the representatives of the freemen of this state shall fit in general assembly, shall be and remain open for the admission of all persons who behave decently, except only when the welfare of this state may require the doors to be shut.

Sett. 14. 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 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 hasty determinations as much as possible prevented, all bills of public nature shall be printed for the confideration of the people, before they are read in general assembly the last time for debate and amendment; and except on occafions of sudden neceffity shall not be passed into laws until the next session of affembly; and for the more perfect fatisfaction 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 reprefentatives of the freemen of the commonwealth of Pennsylvania, in general assembly met, and by the authority of the fame." And the general assembly shall affix their seal to every bill, as foon as it is enacted into a law, which feal shall be kept by the assembly, and shall be called, The seal of the laws of 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, and the year one thousand seven hundred and feventy 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 fecure liberty, and make the voice of a majority of the people the law of the land; therefore the general assembly shall cause compleat lifts of the taxable inhabitants in the city and each county in the commonwealth refpectively, to be taken, and returned to them, on

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or before the last meeting of the assembly, elected in the year one thousand feven hundred and seventy eight, who shall appoint a representation to each, in proportion to the number of taxables in such returns; which representation shall continue For the next seven years afterwards, at the end of which, a new return of the taxable inhabitants shall be made, and a reprefentation agreeable thereto appointed by the said assembly, and fo on feptennially for ever. The wages of the representatives in general affembly, and all other state charges shall be paid out the ftate treasury.

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Sett. 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 directed in the foregoing section, cach county at its own choice may be divided into difstricts, 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.

Sect. 19. For the present the fupreme executive council of this state shall confift 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 counfellor 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 of 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, refignation, or otherwise, shall be filled at the next general election for representatives in general assembly, unless a particular election for that purpose thall be sooner appointed by the prefident and council. No

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member of the gentral assembly, or delegate in congress, shall be chosen a member of the council. The prefident and vicepresident shall be chosen annually, by the joint ballot of the general assembly and council, of the members of the council. Any perfon 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 fuch county or counties shall be annexed to the next neighbouring counties, and shall take rotation with fuch counties..

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The council shall meet annually, at the fame time and place with the general:ssembly.

The treasurer of the state, trustees of the loan office, naval officers, collectors of customs or excise, 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.

Sect. 20. The president, 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 officers, civil and military, except fuch as are chofen by the general assembly, or the people, agreeable to this frame of government, and the laws that may be made hereafter; and shall fupply every vacancy, in any office, occafioned by death, refignation, removal, or disqualification, until the office can he 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 ne- ceffary, 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 supreme court. And shall have power to grant pardons, and remit fines, in all cases whatsoever, except in cafes of impeach-ment; 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 such fums as shall be appropriated by the house: they may also lay embargoes, or prohibit the exportarion of any commodity, for any time,

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