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ceeding 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 assembly when necessary, before the day, to which they shall stand, adjourned. 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 support of it. Sect. 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.
Sect. 22. Every officer of state, whether judicial or executive, shall be liable to be impeached by the general assembly, either when in office or after his resignation or removal for mal-administration. All impeachments shall be before the president or vicepresident and council, wo shall hear and determine the same.
Sect. 23. The judges of the supreme 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 removable for misbehaviour at any time by the general assembly; they shall not be allowed to sit 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 supreme 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, so far as relates to the perpetuating testimony, obtaining evidence from places not within this state and the care of the persons and estates of those, who are ,,non compotes mentis" and such other powers, as may be found necessary by future general assemblies, not inconsistent with this constitution.
Sect. 25. Trials shall be by jury as heretofore: and it is recommended to the legislature of this state, to provide by law against every corruption or partiality in the choice, return or appointment of juries.
Sect. 26. Courts of sessions, common pleas and orphans courts shall be held quarterly in each city and county; and the legislature 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 shall be paid an adequate but moderate compensation for their services: and if any officer shall take greater or other fees, than the law allows him, either directly or indirectly, it shall ever after disqualify him from holding any office in this state.
Sect. 27. All prosecutions shall commence in the name and
by the authority of the freemen of the commonwealth of Pennsylvania; and all indictments shall conclude with these words: „Against the peace and dignity of the same." The style of all process hereafter in this state shall be .,The commonwealth of Pennsylvania".
Sect. 28. The person 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 estate real and personal for the use of his creditors, in such manner as shall be hereafter regulated by law. All prisoners shall be bailable by sufficient sureties, unless for capital offences, when the proof is evident or presumption great. Sect. 29. Excessive bail shall not be exacted for bailable offences 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 president in council, who shall commissionate one or more of them for each ward, township or district so returning for seven years, removable for misconduct by the general assembly. 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 same, agreeable to the desire of a majority of the freeholders of the city or county, ward, township or district so applying. No justice of the peace shall sit in the general assembly, unless he first resigns his commission; nor shall he be allowed to take any fees nor any salary 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 persons for each office, one of whom for each, is to be commissioned by the president 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 same time and place appointed for the election of representatives: and the commissioners and assessors and other officers chosen by the people shall also be then and there elected, as has been usual heretofore, until 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 penalties, as future laws shall direct. And any person, who shall directly or indirectly give, promise or bestow any such rewards to be elected, shall be thereby rendered incapable to serve for the ensuing year.
Sect. 33. All fees, licence money, fines and forfeitures, here
tofore granted or paid to the governor or his deputies for the support of government, shall hereafter be paid into the public. treasury, unless altered or abolished by the future legislature.
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, removable at their pleasure and to be commissioned by the president in council.
Sect. 35. The printing presses shall be free to every person, who undertakes to examine the proceedings of the legislature or any part of government.
Sect. 36. As every freeman to preserve his independence (if without a sufficient estate) ought to have some profession, calling, trade or farm, whereby he may honestly subsist, there can be no necessity 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 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 compensation: and whenever an office, through increase of fees or otherwise, becomes so profitable, as to occasion many to apply for it, the profits ought to be lessened by the legislature.
Sect. 37. The future legislature of this state shall regulate intails in such a manner as to prevent perpetuities.
Sect. 38. The penal laws as heretofore used shall be reformed by the legislature of this state, as soon 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 commission of crimes, by continued visible punishments 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 imployed for the benefit of the public or for reparation of injuries done to private persons: and all persons at proper times shall be admitted to see the prisoners at their labour.
Sect. 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 enters 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 that I will faithfully execute the office of
do swear (or affirm). . . for the . . . of . .,