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9. All officers for a term of years shall hold their offices for the terms respectively specified, only on the condition that they so long behave themselves well; and shall be removed on conviction of misbehaviour in office or of any infamous crime.
10. Any person who shall, after the adoption of the amendments proposed by this convention to the constitution, fight a duel, or send a challenge for that purpose, or be aider or abettor in fighting a duel, shall be deprived of the right of holding any office of honour or profit in this state, and shalt be punished otherwise in such manner as is, or may be prescribed by law; but the executive may remit the said offence and all its disqualifications.
ARTICLE 7. § 1. The legislature shall, as soon as conveniently may be, provide, by law, for the establishment of schools throughout the state, in such manner that the poor may be taught gratis.
2. The arts and sciences shall be promoted in one or more seminaries of learning
3. The rights, privileges, immunities and estates of religious societies and corporate bodies, shall remain as if the constitution of this state had not been altered or amended.
4. The legislature shall not invest any corporate body or individual with the privilege of taking private property for public use, without requiring such corporation or individual to make compensation to the owners of said property, or give adequate security therefor, before such property shall be taken.
ARTICLE 8. Members of the general assembly and all officers, executive and judi. cial, 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
ARTICLE 9. That the general, great and essential principles of liberty and free government may
recognized and unalterably established, we declare: 1. That all men are born equally free and independent, and have cer. tain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing, and protecting property and reputation, and of pursuing their own happiness. 2. That all power
inherent in the people, and all free governments 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 Al. mighty God according to the dictates of their own consciences; that nc man can, of right, be compelled to attend, erect, or support any place of worship, or to maintain any ministry against his consent; that no human authority can, in any case whatever, control or interfere with the rights of conscience; and that no preference 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 sen. timents, be disqualified to hold any office or place of trust or profit under this commonwealth.
5. That elections shall be free and equal.
6. That 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 the legislature or any branch of government: and no law shall ever be made to restrain the right thereof. The free communication of thoughts and opinions is one of the invaluable rights of man; and every citizen muy freely speak, write and print on any subject, being responsible for the abuse of that liberty. In prosecutions for the publication of papers, investigating the official conduct of officers, or men in a public capacity, or where the matter published is proper for public information, the truth thereof may be given in evidence; and, in all indictments for libels, the jury shall have a right to determine the law and the facts, under the direction of the court, as in other cases.
8. That the people shall be secure in their persons, houses, papers and possessions, from unreasonable searches and seizures; and that no war. rant to search any place, or to seize any person or things, shall issue without describing them as nearly as may be, 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 com. pulsory process for obtaining witnesses in his favour, and in prosecutions by indictment or information, a speedy trial by an impartial jury of the vicinage: that he cannot be compelled to give evidence against himself, nor can he be deprived of his life, liberty or property, unless by the judgment of his peers or the law of the land.
10. That no person shall, for any indictable offence, be proceeded 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 oppression and misde. meanor 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 being made.
11. That all courts shall be open, and every man for an injury done him in his lands, goods, person or reputation, shall have remedy 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, unless for capital offences, when the proof is evident or presumption great: and tne 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. 15. That no commission of oyer and terminer or jail delivery shall be issued.
16. That the person of a debtor, where there is not strong presumption of fraud, shall not be continued in prison after delivering 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.
18. That no person shall be attainted of treason or felony by the legis. lature.
19. That no attainder shall work corruption of blood; nor, except during the life of the offender, forfeiture of estate to the commonwealth: 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 forfeiture by reason thereof.
20. That the citizens have a right, in a peaceable manner, to assemble together for their common good, and to apply to those invested with the powers of government for redress of grievances, or other proper purposes, by petition, redress, or remonstrance.
21. That the right of the citizens to bear arms, in defence of them. selves and the state, shall not be questioned.
22. That no standing army shall, in time of peace, be kept up, without the consent of the legislature; and the military shall, in all cases, and at all times, be in strict subordination to the civil power.
23. 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 heredi. tary 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 thing in this article is excepted out of the general powers of government, and shall for ever remain in. violate.
ARTICLE 10. Any amendment or amendments to this constitution may be proposed in the senate or house of representatives, and if the same shall be agreed to by a majority of the members elected to each house, such proposed amendment or amendments shall be entered on their journals, with the yeas and nays taken thereon, and the secretary of the commonwealth shall cause the same to be published three months before the next elec. tion, in at least one newspaper in every county in which a newspaper shall be published ; and if in the legislature next afterwards chosen, such proposed amendment or amendments shall be agreed to by a majority of the members elected to each house, the secretary of the commonwealth shall cause the same again to be published in manner aforesaid, and such proposed amendment or amendments shall be submitted to the people in such manner and at such time, at least three months after being so agreed to by the two houses, as the legislature shall prescribe ; and if the people shall approve and ratify such amendment or amendments by a majority of the qualified voters of this state voting thereon, such amendment or amendments shall become a part of the constitution, but no amendment or amendments shall be submitted to the people oftener than once in five years: Provided, that if more than one amendment be submitted, they shall be submitted in such manner and form, that the people may vote for or against each amendment separately and distinctly.
That no inconvenience may arise from the alterations and amendments in the consti
tution of this commonwealth, and in order to carry the same into complete operation, it is hereby declared and ordained, that:
1. All laws of this commonwealth in force at the time when the said alterations and amendments in the said constitution shall take effect, and not inconsistent therewith, and all rights, prosecutions, actions, claims, and contracts, as well of individuals as of bodies corporate, shall continue as if the said alterations and amendments had not been made.
2. The alterations and amendments in the said constitution shall take effect from the first day of January, eighteen hundred and thirty-nine.
3. The clauses, sections, and articles of the said constitution which remain unaltered, shall continue to be construed and have effect as if the said constitution had not been amended.
4. The general assembly which shall convene in December, eighteen hundred and thirtyeight, shall continue its session, as heretofore, notwithstanding the provision in the eleventh section of the first article, and shall at all times be regurded as the first general assembly under the amended constitution.
5. The governor, who shall be elected in October, eighteen hundred and thirty-eight, shall be inaugurated on the third Tuesday in January, eighteen hundred and thirty-nine to which time the present executive term is hereby extended.
6. The commissions of the judges of the supreme court who may be in office on the first day of January next, shall expire in the following manner :-The commission which bears the earliest date shall expire on the first day of January, anno domini one thousand eight bundred and forty-two: the cominission next dated shall expire on the first day of January, anno domini one thousand eight hundred and forty-five : the commission next dated shall expire on the first day of January, anno domini one thousand eight hundred and forty-eight: the commission next dated shall expire on the first day of January, anno domini one thousand cight hundred and fifty-one: and the commission last dated shall expire on the first day of January, anno domini one thousand eight hundred and fifty-four:
1. The commissions of the president judges of the several judicial districts, and of the associate law judges of the first judicial district, shall expire as follows:- The commissions of one-half of those who shall have held their offices ten years or more, at the adoption of the amendments to the constitution, shall expire on the twenty-seventh day of February, one thousand eight hundred and thirty-nine: the commissions of the other half of those who shall have held their offices ten years or more, at the adoption of the amendments to the constitution, shall expire on the twenty-seventh day of February, one thousand eight hundred and forty-two: the first half to embrace those whose commissions shall bear the oldest date. The commissions of all the remaining judges who shall not have held their offices for ten years at the adoption of the amendments to the constitution, shall expire on the i wenty-seventh day of February next after the end of ten years from the date of their commissions.
8. The recorders of the several mayors' courts, and other criminal courts in this commonwealth, shall be appointed for the same time and in the same manner as the president judges of the several judicial districts: of those now in office, the commission oldest in date shall expire on the twenty-seventh day of February, one thousand eight hundred and forty-one, and the others every two years thereafter according to their respective dates : those oldest in date expiring first.
9. The legislature, at its first session under the amended constitution, shall divide the other associate judges of the state into four classes. The commissions of those of the first class shall expire on the twenty-seventh day of February, eighteen hundred and forty: of those of the second class on the twenty-seventh day of February, eighteen hundred and forty-one: of those of the third class on the twenty-seventh day of February, eighteen hundred and forty-two: and of those of the fourth class on the twenty-sf venth day of February, eighteen hundred and forty-three. The said classes, from the first to the fourth, shall be arranged according to the seniority of the commissions of the several judges.
10. Prothonotaries, clerks of the several courts, (except of the supreme court.) recorders of deeds, and registers of wills, shall be first elected under the amended constitution, at the election of representatives, in the year eighteen hundred and thirty-nine, in such manner as may be prescribed by law.
11. The appointing power shall remain as heretofore, and all officers in the appointment of the executive department shall continue in the exercise of the duties of their respective offices until the legislature shall pass such laws as may be required by the eighth section of the sixth article of the amended constitution, and until appointments
shall be made
under such laws; unless their commissions shall be superseded by new appointments, or shall sooner expire by their own linjlations, or the said office shall become vacant by death or resignation, and such laws shall be enacted by the first legislature under the amended coustitution.
12 The first election for aldermen and justices of the peace shall be held in the year eighteen hundred and forty, at the time fixed for the election of constables. The legislature, at its first session under the amended constitution, shall provide for the said election, and for subsequent similar elections. The aldermen and justices of the peace now in commission, or who may in the interim be appointed, shall continue to discharge the duties of their respective offices until fifteen days after the day which shall be fixed by law for the issuing of new commissions, at the expiration of which time their commissions shall expire.
In testimony that the foregoing is the amended constitution of Pennsylvania,
as agreed to in convention, we, the officers and members of the convention, have hereunto signed our names, at Philadelphia, the twenty-second day of February, anno domini one thousand eight hundred and thirty-eight, and of the independence of the United States of America the sixty.second.
JOHN SERGEANT, President. (Attest) S. SHOCH, Secretary.
GEORGE L. FAUB, | Assistant Secretaries.
AMENDMENT TO ARTICLE V., SECTION 2.
ADOPTED IN 1850. THE judges of the supreme court, of the several courts of common pleas, and of such other courts of record as are or shall be established by law, shall be elected by the qualified electors of the commonwealth in the manner following, to wit: The judges of the supreme court, by the qualified electors of the commonwealth at large. The president judges of the several courts of common pleas and of such other courts of record as are or shall be established by law, and all other judges required to be learned in the law, by the qualified electors of the respective districts over which they are to preside or act as judges. And the associate judges of the courts of common pleas by the qualified electors of the counties respectively. The judges of the supreme court shall hold their offices for the term of fifteen years, if they shall so long behave themselves well (subject to the allotment hereinafter provided for, subsequent to the first election): The president judges of the several courts of common pleas, and of such other courts of record as are or shall be established by law, and all other judges required to be learned in the law, shall hold their offices for the term of ten years, if they shall so long behave themselves well: The associate judges of the courts of common pleas shall hold their offices for the term of five years, if they shall so long behave themselves well: all of whom shall be commissioned by the governor, but for any reasonable cause which shall not be sufficient grounds of impeachment, the governor shall remove any of them on the address of two-thirds of each branch of the legislature. The first election shall take place at the general election of this commonwealth next after the adoption of this amendment, and the commissions of all the judges who may be then in office shall expire on the first Monday of December following, when the terms of the new judges shall commence. The persons who shall then be elected judges of the supreme court shall hold their offices as follows: one of them for three years, one for six years, one for nine years, one for twelve years, and one for fifteen years; the term of each to be decided by lot by the said judges, as soon after the election as convenient, and the result certified by them to the governor, that the commissions may be issued in accordance thereto. The judge whose commission will first expire shall be chief justice during his term, and thereafter each judge whose commis