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2. A41 impeachments shall be tried by tb When sit-
ting for that purpose, the senators shall be upon oath or affirma-
tion. No person shall be convicted without the concurrence of
two-thirds of the members present.

3. The governor, and all other civil officcu-s, under this com-
monwealth, shall be liable to impeachment for any misdemeanor
in office. But judgment in such cases shall not extend further
than to removal from office, and disqualification to hold any office
of honour, trust, or profit, under this commonwealth. The party,
whether comicted or acquitted, shall, nevertheless, he liable to
indictment, trial, judgment, and punishment, according to law.


§ 1. The judicial power of this commonwealth shall be vested
in a supreme -court, in courts of oyer and terminer and general
gaol delivery, in a court of common pleas, orphans' court, regis-

court, and a court of quarter sessions of the peace, for each
county, in justices of the peace, and in such other courts as the

ature may, from time to time, establ

The judges of the supreme court, and of the several cc>.

of common pleas, shall hold tin ir offices during good behaviour.

But, for any reasonable cause, which shall not be sufficient ground

of impeachment, die governor may rev/ of them, on the

f two-thirds of each branch of the legislature. The

s of the supreme and the presidents of the scv

courts of common pleas, shall, at stated times, heir-

services an -adequate compensation, to be fht£

I 2

xciv Appendix,

not be diminished during their continuance in office; but they
shall receive no fees or perquisites of office, nor hold any other
office of profit under this commonwealth.

3. The jurisdiction of the supreme court shall extend over the
state ; and the judges thereof shall, by virtue of their officers, be
justices of oyer and terminer and general gaol delivery, in the se-
veral counties.

4. Until it shall be otherwise directed by law, the several courts
of common pleas shall be established in the following manner :
The governor shall appoint, in each county, not fewer than three,
nor more than four judges, who, during their continuance in office,
shall reside in such county. The state shall be divided by law into
circuits, none of which shall include more than six, nor fewer than
three counties. A president shall be appointed of the courts in
each circuit, who, during his continuance in office, shall reside
therein. The president and judges, any two of whom shall be
a quorum, shall compose the respective courts of common pleas.

5. The judges of the court of common pleas in each county shall,
by virtue of their offices, be justices of oyer and terminer, and ge-
neral gaol delivery, for the trial of capital and other offenders
therein ; any two of the said judges, the president being one, shall
be a quorum ; but they shall not hold a court of oyer and terminer
« r gaol delivery in any county, when the judges of the supreme
oourt, or any of them, si all be sitting in the same county. The
party accused, as well as the commonwealth, ma}*, under such re-
gulations as shall be prescribed by law, remove the indictment and
proceedings, or a transcript thereof, into the supreme court.

6. The supreme court, and the several courts of common pleas,
shall, beside the powers heretofore usually exercised by them,
have the powers of a court of chancer)', so far as relates to the per-
petuating testimony, the obtaining of evidence from places not
within this state, and the care of the persons and estates of those
who are non compos mentis; and the legislature shall vest in the
said courts such other powers, to grant relief in equity, as shall be
found necessary; and may from time to time, enlarge or diminish
those powers, or vest them in such other courts as they shall judge
proper, for the due administration of justice.

7. The judges of the court of common pleas of each county,,
any two of whom shall be a quorum, shall compose the court of
quarter sessions of the peace, and orphans'" court thereof: and the
register of wills, together with the said judges, or any two of them,
shall compose the register's court of each county.

8. The judges of the courts of common pleas shall, within their
respective counties, have the like powers with the judges of the
supreme court, to issue writs of certiorari to the justices of the
peace, and to cause their proceedings to be brought before them,
and the like right and justice' to be done.

9. The president of the court in each circuit, within such cir-
cuit, and the judges of the court of common pleas, within their
respective counties, shall be justices of the peace, so far as relates
to criminal matters.

10. The governor shall appoint a competent number o/justices
of the peace, in such- convenient districts, in each county, as are

Appendix. xcv

W shall be directed by law ; they shall be commissioned during 1
good behaviour ; but may be removed on conviction of misbeha-
viour in office, or of any infamous crime, or on the address of both
houses of the legislature.

11. A register's office, for the probate of wills and granting let-
ters of administration, and an office for the recording of deeds, shall
be kept in each county.

12. The style of all process shall be, the commonwealth of 'Penn-
sylvania ; all prosecutions shall be carried on in the name and by
the authority of the commonwealth of Pennsylvania, and conclude,
against the peace and dignity of the same.


§ 1. Sheriffs and coroners shall, at the times and places of elec-
tion of representatives, be chosen by the citizens of each county.
Two persons shall be chosen for each office, one of whom, for each
respectively, shall be appointed by the governor. They shall
hold their offices for three years, if they shall so long behave them-
selves well, and until a successor be duly qualified; but no person
shall be twice chosen or appointed sheriff, in any term of six years.
Vacancies in either of the said offices shall be filled by a n^w ap-
pointment, to be made by the governor, to continue until the next
general election, and until a successor shall be chosen and quali-
fied as aforesaid.

2. The freemen of this commonwealth shall be armed and dis-
ciplined for its defence. Those who conscientious 1 )' scruple to
bear arms, shall not be compelled to do so ; but shall pay an equi-
valent for personal service. The militia officers shall be appointed
in such manner, and tor such time, as shall be directed by law.

3. Prothonotaries, clerks of the peace, and orphans' courts, re-
corders of deeds, registers of wills, and sheriffs, shall keep their
offices in the county town of the county in which they respectively
shaJJ be officers; unless when the governor shall, for special rea-
sons, dispense therewith for any term not exceeding five years,
after the county shall have been erected.

4. All commissions shall be in the name and by the authority of
the commonwealth of Pennsylvania, and be sealed with the state
seal, and signed by the governor.

5. The state treasurer shall be appointed annually, by the joint
vote of the members of both houses. All other officers in the
treasury department, attornies at law, election officers, officers re-
lating to taxes, to the poor, and highways, constables, and other
township officers, shall be appointed in such manner as is ur shall
be directed by law.

auticle vir.
§ 1. The legislature shall, as soon as conveniently may be, pro*
vide by law for the establishment of schools throughout the state,
in such manner that the poo; may be taught gratis.

2. The arts and sciences shall be promoted, in one or more se-
minaries of learning. jfi$$,

3. The rights, privileges, immunities,^pnd estates, of religious
societies and corporate bodies, shall remain as if" the constitution of
this slate had not been altered or amended^

xcvi Jjyjiendi.v.


Members of the general assembly, and all officers, executive ana
judicial, shall be bound, by oath or affirmation, to support the
constitution of this commonwealth, and to perform the duties of
their respective offices with fidelity.


That the general, great, and essential principles of liberty and free
government may be recognised and unalterably established, ~tue de-
clare :

1. That all men are born equally free and independent, and
have certain inherent and indefeasible rights, among' which are
those of enjoying - and defending life and liberty, of acquiring, pos-
sessing, and protecting property and reputation, and of pursuing
their own happiness.

2. That all power is inherent in the people ; and all free go-
vernments are founded on their authority, and instituted for their
peace, safety, and happiness. For the advancement of those ends,
they have, at all times, an unalienable and indefeasible right to
alter, reform, or abolish their government, in such manner as they
may think proper.

3. That all men have a natural and indefeasible right to worship
Almighty God according to the dictates of their own consciences:
and no man can, of right, be compelled to attend, erect, or sup-
port any place of worship, or to maintain any ministry, against his
consents that no human authority can, in any case whatever, con-
trol or interfere with the rights of conscience : and that no prefer-
ence shall ever be given, by law, to any religious establishments
or modes of worship.

4. That no person, who acknowledges the being of a God and a
future state of rewards and punishments, shall, on account of his
religious sentiments, be disqualified to hold any office or place of
trust or profit under this commonwealth.

5. That elections shall be free and equal.

6. The trial by jury shall be as heretofore, and the right thereof
remain inviolate.

7. That the printing presses shall be free to every person who
undertakes to examine the proceedings of tiie legislature, or any
branch of government; and no law shall ever be made to restrain
t.Jic right thereof. The free communication of thoughts and opi-
nions if the invaluable rights of man: and every citizen may
fvc'dy speak. 1 print on any subject, being- respons
for the abd«je of th;i> liberty. Tn prosecutions for the publication
of. papers investigating the official conduct of officers, or men in
public capacity, or win.: the matter published is proper for pub-
lic information, tin. 5 ' truth 1' given in evidence. And,
in all indictments for libelfl, tin kU have a right to deter-
mine the law and the facts, under the diiection of the court, as in
other cases.

8. That the people shall be Secure in their persons, houses, pa-
pers, and possessions, from unreasonable searches and se/.wivs;
and that no warrant to search any place or to seize any person or

•Appendix. xcvii

thing's, shall issue, without describing them as nearly as may he,
nor without probable cause, supported by oath or affirmation.

9. That, in all criminal prosecutions, the accused hath a right
to be heard by himself and his counsel : to demand the nature and
cause of the accusation against him : to meet the witnesses face to
face ; to have compulsory process for obtaining 1 witnesses in his
favour; and, in prosecutions by indictment or information, a speedy,
public trial, by an impartial jury of the vicinage : that he cannot be
compelled to give evidence against himself, nor can he be de-
prived of his life, liberty, or property, unless by the judgment of
Lis peers, or the law of the land.

10. That no persons shall, for any indictable offence, be pro-
ceeded against criminally by information, except in cases arising
in the land or naval forces, or in the militia when in actual service,
in time of war or public danger, or, by leave of the court, for op-
pression and misdeameanor in office. No person shall, for the
same offence, be twice put in jeopardy of life or limb ; nor shall
any man's property be taken or applied to public use, without the
consent of his representatives, and without just compensation be-
ing made.

11. That all courts shall be open; and every man, for an injury
done him in his lands, goods, person, en- reputation, shall have re-
medy by the due course of law, and right and justice administered
without sale, denial, or delay. Suits may be brought against the
commonwealth in such manner, in such courts, and in such cases,
as the legislature may by law direct.

12. That no power of suspending laws shall be exercised unless
by the legislature or its authority.

13. That excessive bail shall not be required, nor excessive fines
imposed, nor cruel punishments inflicted.

14. That all prisoners shall be bailable by sufficient sureties, un-
less for capital offences, when the proof is evident, or presump-
tion great ; and the privilege of the writ of habeas corpus shall not
be suspended, unless when in cases of rebellion or invasion, the
public safety may require it.

1 ~. That no commission of oyer and terminer or gaol delivery
shall be issued.

16. That the person of a debtor, where there is not strong pre-
sumption of fraud, shall not be continued in prison after delivering 1
up his estate for the benefit of his creditors in such manner as shall
be prescribed by law.

17. That no ex post facto law, nor any law impairing contracts,
shall be made.

1 8. That no person shall be attainted of treason or felony by the

19. That no attainder shall work corruption of blood, nor, ex-
cept during the life of the offender, forfeiture ot estate to the com-
monwealth : that the estates of such persons as shall destroy their
own lives, shall descend or vest as in case of natural death ; and if
any person shall be killed by casualty, there shall be no foifeiture
by reason thereof.

20. That the citizens have a right in a peaceable manner, to as-
semble together for their common good, and to apply to those in-

icviii dppendiw

vested with the powers of government for redress of grievances,
or other proper purposes, by petition, address, or remonstrance.

21. That the rig-tit of the citizens to bear amis, in defence of
themselves and the state, shall not be questioned.

22. That no standing army shall, in time of peace, he kept, up,
vhiiout the consent of the legislature; and the military shall in
all cases, and at ad times, be in strict subordination to the civil power.

33. That no soldier shall in time of peace, be quartered in any
house, without the consent of the owner, nor, in time of war, but
in a manner to be prescribed by law.

24. That the legislature shall not grant any title of nobility or
hereditary distinction, nor create any office the appointment to
which shall be for a longer term than during good behaviour.

25. That emigration from the state shall not be prohibited.

26. To guard against transgressions of the high powers which
we have delegated, we declare, that every tiling in this article, is
excepted out of the general powers of government, and shall for
e\ er remain inviolate.

That no inconvenience may arise from the alterations and amend-
ments in the constitution of this commonwealth, and, in order to
carry the same into complete operation, it is hereby declared and
orduived :

1. That all laws of this commonwealth, in force at the time of
making the said alterations and amendments in the said constitu-
tion, and not inconsistent therewith, and all rights, actions, prose-
cutions, claims, and contracts, as well of individuals as of bodies
corporate shall continue as if the said alterations and amendments
Lad not been made.

2. That the president and supreme executive council shall con-
tinue to exercise the executive authority of tins commonwealth,
as heretofore, until the third Tuesday of December next; but no
intermediate vacancies in" the councd shall be supplied by new

5. That all officers in the appointment of the executive depart-
ment, shall continue in the exercise of the duties of their respec-
tive offices until the first day of September, one thousand seven
hundred and ninety-one, unless their commissions shall sooner
expire by their own limitations, or the said offices become vacant
by death or resignation, and no longer, unless reappointed and
commissioned by the governor; except that the judges of the su-
preme court shall hold their offices for die terms in their commis-
sions respectively expressed.

4. That justice shall be administered in the several counties of
this state until the period aforesaid, by the same justices, in the
same courts, and in the same manner, as heretofore.

5. That no person now in commission as sheriff, shall be eligible
at the next election for a longer term than will, with the time
which he shall have served in the said office, complete the term oi
three years.

6. That, until die first enumeration shall be made, as direct
in the fourth section of the first article of the constitution esta-
blished by this convention, the city of Philadelphia and tin..

•Appendix. xcix

Counties shall be respectively entitled to elect the same number of
representatives as is now prescribed by law.

7. That the first senate shall consist of eighteen members, to
be chosen in districts, formed as follows, to wit : The city of Phi-
ladelphia and the counties of Philadelphia and Delaware shall be
a district, and elect three senators : the county of Chester shall be
ti district, and shall elect one senator: the county of Bucks shall
be a district, and shall elect one senator : the county of Montgomery
shall be a district, and shall elect one senator : the county of
Northampton shall be a district, and shall elect one senator : the
counties of Lancaster and York shall be a district, and shall elect
three senators : the counties of Berks and Dauphin shall be a dis-
trict, and shall elect two senators : the counties of Cumberland
and Mifflin shall be a district, and shall elect one senator : the
counties of Northumberland, Luzerne, and Huntingdon, shall be
a district, and shall elect one senator: the counties of Bedford
and Franklin shall be a district, and shall elect one senator i the
counties of Westmoreland and Alleghany shall be a district, and
shall elect one senator: and the counties of Washington and Fay-
ette shall be a district, and shall elect two senators : which sena-
tors shall serve until the first enumeration before mentioned shall
be made, and the representation in both houses of the legislature
shall be established by law, and chosen as in the constitution is di-
rected. Any vacancies which shall happen in the senate, within
the said time, shall be supplied as prescribed in the nineteenth sec-
tion of the first article.

8. That the elections of senators shall be conducted, and the
returns thereof made to the senate, in the same manner as is pre-
scribed by the election laws of the state for conducting and
making returns of the election of representatives. In those dis-
tricts which consist of more than one county the judges of the dis-
trict elections within each county, after having formed a return
of the whole election within the county, in such manner as is
directed by law, shall send the same, by. one or more of their
number, to the place hereinafter mentioned within the district, of
winch such county is a part, where the judges, so met, shall com-
pare and cast up the several county returns, and execute, under
their hands and seals, one general and true return for the whole
district; that is to say, the judges of the district composed of the
city of Philadelphia, and the counties of Philadelphia and Dela-
ware, shall meet in the state house in the city of Philadelphia;
the judges of the district composed of the counties of Lancaster and
York, shall meet at the court house in the county of Lancaster;
the judges of the district composed of the counties of Berks and
Dauphin, shall meet at Middletown in the county of Berks; the
judges of the district composed of the counties of Cumberland
and Mifflin, shall meet in Greenwood township, county of Cum-
berland, at the house now occupied by David Miller; the judges
of the district composed of the counties of Northumberland, Lu-
zerne, and Huntingdon, shall meet in the town of Sunbury; the
judges of the district composed of the counties of Bedford and
Franklin, shall meet at the house now occupied by John Dickey,
in Air township, Bedford county; the judges of the district com-



& hany, sti^u
court house in the town

posed of the eoimties of Westmoreland and Alle
meet in Westmoreland county, at the
of Greensborough ; the judges of the district composed of the
counties of Washington and Fayette, shall meet at the court
house in the town of Washington, in Washington county, on
the third Tuesday in October respectively, lor the purposes afore-

9. That the election of the governor shall be conducted in the
several counties, in the manner prescribed by the laws of the
state for the election of representatives: and the returns in each
county shall be sealed by the judges of the elections, and trans-
mitted to the president of the supreme executive council, di-
rected to the speaker of the senate, as soon after the election as
may be.

Done in convention, the second day of September, in the year
of our Lord one thousand seven hundred and ninety, and of
the Independence of the United States of America the fif-
teenth. In testimony whereof we have hereunto subscribed
our names.

William Heed,

James Wilson,
Hilary Baker,
William Lewis,
Thomas M'Kean,
George Gray,
William Robinson, junt.
Robert Hare,
Enoch Edwards,
Samuel Ogden,
Thomas Jenks, jun.
John Barclay,
Abraham Stout,
William Gibbons,
Thomas Bull,
.lames Boyd,
Edward Hand,
Robert Coleman,
Sebastian Graff,
John Hubley,
John Breckbill,
Henry Miller,
Henry Single,
David Roddick,
James Ross,
John Smilie,
Albert Gallatin,
James M'Lene,
George Matthews,
James Morris,
Lindsey (J oats,
Jonathan Shoemaker,
A ttest,

Benjamin Tyson,
Benjamin Pedan,
Matthew Dill,
William Irvine,
James Power,
Joseph Hcister,
Christian Lower,
Abraham Lincoln,
Paul Groscop,
Baltzer Gehr,
Samuel Sitgreaves,
John Arndt,
Peter Rhoads,
Joseph Powell,
John Piper,
Charles Smith,
Simon Snyder,
William Findley,
William Todd,
Alexander Addison,
John Hoge,
John Gloning*er,
William Brown,
Alexander Graydon,
Timothy Pickering,
Andrew Henderson,
John Gibson,
Thomas Beale,
John Sellers,
Nathaniel Ncwlin,
Joski'H Ri-.iiman, Secretary,
Jacob Shau.ks, Amstant Seer

Philadelphia Index ci

Justices of the Peace of the County of

Northern Liberties and Penn. — Frederick Woelbert,
John Goodman, John Kessler,- Frederick Foering, Edward D.
Corfield, Henry Probasco, Thomas Barnes, Charles Carey, jr.
William Moulder, John Shaw, J. Rogers, Charles Souder,
John Johnson, Martin Ludie, Jacob G Tryon, John L. Wolf.

Moyamexsing, Passttt-ntk and Soutbwark. — EbenezerFer-

fnson, Rich. Renshaw, Richard Palmer, Daniel Bussier, John
'hompson, John Hunter, Michael Freytag, Joshua Raybold,
Brittor/E vans, John Allison, Wm. Peltz, Wm. L.Norton, Rob.

Biiistol, Germantown and Roxborottgii. — John Huston,
Samuel Conrad, Jacob Nice, Silas Wilson, James Carter,
John Holmes, John l)e Prefontain.

Btberry, Lower Dfbein, Morkland and Oxford — J. Scho-
field, Joshua Comly, Joshua Jones, Benjamin Walmsley, John
Helm, jun. Robert Morris, Isaac Worrall, John Salter, John
Ruan, Jacob Coates, Theophilas Harris.
Blockeey and Kingsessing. — G.C.Lentner. J. Howarth*.



Nicholas Biddle, Pres. — Thomas Wilson, Cash. — Assistant
Cash. John Andrews.

Directors appointed by the Stockholders.

James C. Fisher. Thomas P. Cope, Henry Pratt, John Coul-
ter, ftobert Flemming, Joshua Lippincott, John Bohlen, Dan.
W. Coxe, R. M. Whitney, Thomas Cadwallader, Richd. Wil-
ling, Alexander Henry, Joseph Hemphill, all of Philadelphia.
Simon Maywood of South Carolina, Wm. Patterson and Rob.
Gilmor of Maryland, Thomas Knox and Walter Browne of
New York, James Lloyd and Jonathan Mason of Massachu-

Appointed by the Government,

Nicholas Biddle and John Connelly of Philadelphia, E. J-„
Dupont of Delaware, J. M'Kim of Baltimore, Henry Eckforfl
of New York.

Capital— 35,000,000 of dollars.— Shares 100 dollars each,..

Discount days Tuesdays and Fridays.


Philadelphia Index

Joseph P. Norm, President. Eiihu Chauncey, Cashier.

Diiixctohs. — Joseph P. Norris, Godfrey Haga, Wm. San-