the term of five years, if they shall so long behave themselves well. But for any reasonable cause, which shall not be sufficient ground of impeachment, the Governor may remove any of them on the address of two-thirds of each branch of the Legislature. The Judges of the Supreme Court and the Presidents of the several Courts of Common Pleas, shall, at stated times, receive for their services an adequate compensation to be fixed by law, which shall not be diminished during their contiuance in office; but they shall receive no fees or perquisites of office, nor hold any other office of profit under this Commonwealth.]*

§ 3. Until otherwise directed by law, the Courts of Common Pleas shall continue as at present established. Not more than five counties shall at any time be included in one judicial district organized for said courts.

4. The jurisdiction of the Supreme Court shall extend over the State, and the judges thereof shall, by virtue of their offices, be Justices of Oyer and Terminer and General Jail Delivery, in the several counties.

§ 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 General Jail Delivery, for the trial of capital and other offenders therein; any two of said judges, the president being one, shall be a quorum; but they shall not hold a Court of Oyer and Terminer, or Jail Delivery, in any county, when the Judges of the Supreme Court, or any of them shall be sitting in the same county. The party accused, as well as the Commonwealth, may, under such regulations 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 Chancery, so far as relates to the perpetuating of testimony, the obtaining of evidence from places not within the State, and the care of the persons and estates of those who are non compotes 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 judges 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 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 circuit, 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. 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 county.

§ 11. The style of all process shall be "The Commonwealth of Pennsylvania." 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."

ARTICLE VI.

OF SHERIFFS AND CORONERS.

SECTION 1. Sheriffs and Coroners shall, at the times and places of election of Representatives, be chosen by the citizens of each county. One person shall be chosen for each office, who shall be commissioned by the Governor. They shall hold their offices for three years, if they shall so long behave themselves 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 an appointment, to be made by the Governor, to continue until the next general election, and until a successor shall be chosen and qualified as aforesaid.

§ 2. The freemen of this Commonwealth shall be armed, organized, and disciplined for its defense, when and in such manner as may be directed by law. Those who conscientiously scruple to bear arms, shall not be compelled to do so, but shall pay an equivalent for personal service.

*Amended in 1850.

§ 3. Prothonotaries of the Supreme Court shall be appointed by the said court for the term of three years, if they so long behave themselves well. Prothonotaries and clerks of the several other courts, Recorders of Deeds and Registers of Wills, shall at the times and places of election of Representatives, be elected by the qualified electors of each county, or the districts over which the jurisdiction of said courts extends, and shall be commissioned by the Governor. They shall hold their offices for three years, if they shall so long behave themselves well, and until their successors shall be duly qualified. The Legislature shall provide by law the number of persons in each county who shall hold said offices, and how many and which of said offices shall be held by one person. Vacancies in any of the said offices shall be filled by appointments to be made by the Governor, to continue until the next general election, and until successors shall be elected and qualified as aforesaid.

§ 4. Prothonotaries, Clerks of the Peace and Orphans' Courts, Recorders of Deeds, Registers of Wills, and Sheriffs, shall keep their offices in the county town of the county in which they, respectively, shall be officers, unless when the Governor shall, for special reasons, dispense therewith, for any term not exceeding five years after the county shall have been erected.

§ 5. 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.

§ 6. A State Treasurer shall be elected annually, by joint vote of both branches of the Legislature.

§ 7. Justices of the Peace or Aldermen, shall be elected in the several wards, boroughs and townships, at the time of the election of Constables by the qualified voters thereof, in such number as shall be directed by law, and shall be commissioned by the Governor for a term of five years. But no township, ward or borough, shall elect more than two Justices of the Peace or Aldermen without the consent of a majority of the qualified electors within such township, ward or borough.

§ 8. All officers whose election or appointment is not provided for in this Constitution, shall be elected or appointed as shall be directed by law. No person shall be appointed to any office within any county who shall not have been a citizen and an inhabitant therein one year next before his appointment, if the county shall have been so long erected; but if it shall not have been so long erected, then within the limits of the county or counties out of which it shall have been taken. No member of Congress from this State, or any person holding or exercising any office or appointment of trust or profit under the United States, shall at the same time hold or exercise any office in this State, to which a salary is, or fees or perquisites are, by law, annexed; and the Legislature may by law declare what State offices are incompatible. No member of the Senate or of the House of Representatives shall be appointed by the Governor to any office during the term for which he shall have been elected.

§ 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 misbehavior 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 honor or profit in this State; and shall be punished otherwise in such manner as is, or may be prescribed by law; but the Executive may remit the said offense and all its disqualifications.

ARTICLE VII.

EDUCATION.

SECTION 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 VIII.

OATHS OF OFFICE.

Members of the General Assembly, and officers executive and 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.

ARTICLE IX.

DECLARATION OF RIGHTS.

That the general, great and essential principles of liberty and free government may be recog‐ nized and unalterably established, we declare:

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, possessing, and protecting property and reputation, and of pursuing their own happiness.

2. That all power is 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 Almighty God according to the dictates of their own consciences; that no 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 such 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 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 the 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 may freely speak, write and print on any subject, being responsible for the abuse of that liberty. In prosecucutions 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 warrant 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 compulsory process for obtaining witnesses in his favor, 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 offense, 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 misdemeanor in office. No person shall for the same offense 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 offenses, when the proof is evident or presumption 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.

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 Legislature.

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 defense of themselves 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 hereditary distinction, nor create any office the appointment to which shall be for a longer term than during good behavior.

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 forever remain inviolate.

ARTICLE X.

OF AMENDMENTS.

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 election, 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.

SCHEDULE.

That no inconvenience may arise from the alterations and amendments in the Constitution of this Commonwealth, and in order to carry the same into complete operation, it is hereby declared and ordained, that:

SECTION. 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 thirty-eight, shall continue its session, as heretofore, notwithstanding the provision in the eleventh section of the first article, and shall at all times be regarded as the first General Assembly under the amended Constitution.

§ 5. The Governor, who shall be elected in October, eighteen hundred and thirtyeight, shall be maugurated 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, Auno Domini one thousand eight hundred and forty two; the commission 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 eight 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.

§ 7. The commissions of the President Judges of the several judicial districts, and of the Associate Law Judges of the first judicial districts 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 twenty-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 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 fortyone, 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 clssses. 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 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-seventh 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 thirtynine, 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 limitations, or the said offices shall become vacant by death or resignation, and such laws shall be enacted by the first Legislature under the amended Constitution.