not exceeding thirty days, in the recess of the house only: They may grant such licences as shall be directed by law and shall have power to call together the general affembly when necessary, before the day to which they shall stand adjournsed. The president 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 so long as they shall approve thereof. The president and council shall have a secretary, and keep fair books of their proceedings, wherein any counsellor may enter his dissent, with his reasons in supsport of its

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Self. 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 president or vice-president, and attested by the secretary; which seal shall be kept by the council.

Sett. 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 prefident or vice-president and council, who shall hear and determine the fame.

Selt. 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 perquifites of any kind.

Selt. 24. The fupreme court, and the several courts of common pleas of this commonwealth, shall, besides the powers usually exercised by such courts, have the powers of a court of chancery, fo far as relates to the perpetuating testimony, 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 general assemblies, not inconsistent with this constitution.

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

appointment of juries.

Selt. 26. Courts of

the

:

feffions, common pleas, and orphans courts shall be held quarterly in each city and county; and legiflature shall have power to establish all such other courts as they may judge for the good of the inhabitants of the state. All courts shall be open, and justice shall be impartially administered, without corruption or unnecessary delay: All their officers officers shall be paid an adequate but moderate compenfation for their services: And if 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 ftaten

Sect. 27. All profecutions shall commence in the name and by the authority of the freemen of the commonwealth of Penn fylvania; 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.

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

Sett. 29. Excessive 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 fayy two or more perfons may be chofen for each ward, township3 or district, as the law shall hereafter direct: And their names shall be returned to the president in council, who shall com miffionate one or more of them for each ward, township, or district so 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 ina cline to change the manner of appointing their justices of the peace, as fettled in this article, the general affembly 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 fhall 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 legiflature re 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 fucceffive 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 alfo be then and there elected, as has been ufual heretofore, until altered

altered or otherwise regulated by the future legislature of this state.

Sect. 32. All elections, whether by the people or in general assembly, 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, shalt 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 prefident in council.

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

Sect. 36. As every freeman to preserve his independence (if without a fufficient eftate) ought to have some profeffion, calling, trade or farm, whereby he may honestly subsist, there can be no neceffity for, nor use in establishing offices of profit; the usual effects of which are dependence and servility, unbecoming freemen, in the possessors and expectants; faction, contention, corruption, and diforder 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.

Sect. 37. The future legislature of this state, fhall 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 fome cafes 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 sanguinary 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 injuries done to private persons; And all persons at proper times shall be admitted to fee the prisoners at their labour.

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. “I 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 do swear (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."

Sett. 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.

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 reprefentative, until after two years refidence,

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.

Sett. 44. A school or schools shall be established in each county by the legislature, for the convenient inftruction 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.

Selt. 45. Laws for the encouragement of virtue, and prevention of vice and immorality, shall be made and conftantly kept in force, and provision shall be made for their due execution: And all religious societies 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

or could of right have enjoyed, under the laws and former constitution of this state.

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Selt. 46. The declaration of rights is hereby declared to be a part of the constitution of this commonwealth, and ought never to be violated on any pretence whatever.

Selt. 47. In order that the freedom of this commonwealth may be preferved inviolate for ever, there shall be chosen by 'ballot by the freemen in each city and county respectively, on the second Tuesday in October, in the year one thousand feven hundred and eighty three, and on the fecond Tuesday in October in every seventh year thereafter, two persons in each city and county of this state, to be called, The Council of Cenfors; who shall meet together on the second Monday of November, next enfuing their election; the majority of whom shall be a quorum in every cafe, except as to calling a convention, in which two thirds of the whole number elected shall agree; and whose duty it shall be to enquire whether the constitution has been preserved inviolate in every part? And whether the legiflative and executive branches of government have performed. their duty as guardians of the people, or affumed to themselves, or exercised other or greater powers than they are entitled to by the constitution: They are alfo to enquire whether the public taxes have been justly laid and collected in all parts of this commonwealth, in what manner the public monies have been disposed of, and whether the laws have been duly executed. For these purposes they shall have power to fend for perfons, papers, and records; they shall have authority to pass public censures, to order impeachments, and to recommend to the legislature the repealing such laws as appear to them to have been enacted contrary to the principles of the constitution: These powers they shall continue to have, for and during the Space of one year from the day of their election, and no longer: The faid council of cenfors shall also have power to call a convention, to meet within two years after their fitting, if there appear to them an absolute neceffity of amending any article of the constitution which may be defective, explaining such as may be thought not clearly expressed, and of adding fuch as are necessary for the preservation of the rights and happiness of the people: But the articles to be amended, and the amendments proposed, and such articles as are proposed to be added or abolished, shall be promulgated at least six months before the day appointed for the election of such convention, for the previous confideration of the people, that they may have an opportunity of instructing their delegates on the subject.