NORTHWESTERN
UNIVERSITY
LIBRARY
EVANSTON
ILLINOIS
TVlïl TUOCEliöIXGS
RELATIVE TO
CALLina THE 002MVEWTI0KS OP 1776 AHE 1730.
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aasreffis ®t rasa ©¡ssif®®!©»
TUAT FORMEi) TUS PÄESE^fT
tg^oíiÉStCíutíou Oí |lcn«i5filSmîïîÂ,
ÏOCETHEtt WITt
THE CHARTER TO WILLIAM PENN,
The
Constitution^ of iî76 anb lîsOj
A?îl>
A VlEXV or tlIE PUOCEÊDINGS OF TUE C0NVE^^T10N OF ITTÔ^
THE COUXCIL OF CEJS'SORS,
BARBlSBUnO
raiSTED BT JOH* C. WIESTllNO, MERKÍT STBEET.
1825.
EasTEKS Distjiict o» Penkstivasia, to wit: _ . .
QE IT REMEMBERED, That on the twenly-nintli dayofApril,m
the forty-ninth year of the independence of the United StateA^f Amer¬
ica, A. D. 1825, John S. Wiestuss and Francis R; Shonk, of the said
district, have deposited in tliis office the title of a book, the ri^t.
whereof they claim as proprietors, in the words following, to wit.
«'The proceedings relative to calling the Conventions of 1776 and 1790. The.
minutes of the Convention that formed the present constitution of Peimsylvania; to¬
gether with the charter to William Penn ; the constitutions of 1776 and 1790 ; and
a view of the proceedings of the Convention of 1776, and the Council of Censors."
In conformity to the act of tlie Congress of the United St.ates, intituled " An act
for tlie encouragement of learning, by securing the copies orf maps, cliarta and
books, to the authors and proprietors of such copies, during tlie times therSin
mentioned ¡" and also to the act, entitled " An act supplementary' to an act, enti¬
tled • An act for the encouragement of leai-ning, by securing tlie copies of maps,
charts and books, to the auüiors and proprietors of su<^ copies during the timeè
therein mentioned,' and extending the benefits thereof to the arts of designing en¬
graving and etching historical and other prints."
D. CALDWETX,
Clerk of tiie Eastern District of Pennsylvania.
INTRODUCTION.
THE object of the compilers of this volume is to present to tlie people of Pens,
sylvaniathe constitutions of the province and the commonwealth, and the mode
and manner in wltich the several changes in the frame of government were made—
to effect this purpose, tiie following pages exhibit a view of all the official proceed.
ing;s in relation to calling conventions in this state, the minutes of the conventions,
and the frames of the proprietary and state governments.
Charles the second, on the 4th of March, 1681, granted to William Penn, pro.
pmtary and Mvemor, a charter for tlie province of Pennsylvania. Under the pow¬
ers delegated by this chai-ter, the proprietary, with certain freemen of the pro-
vince, adopted the first frame of government and certain laws, in England, on the
20th day of April, 1682, these were to be further explained and confu-med by the
first provincial council, if they should see meet.
Wdliam Penn arrived in America, for the purpose of taking possession of the
province, on the 24th of October, 1682. He landed at New Castle, now in the state
of Delaware—tlie inhabitants on tlie Delaware then consisted of English, Dutch and
Swedesj on the next day he convened the people at the court house, where after
possession of tlie country was legally given to him, he made a speech to the old ma*
gistrates and tlie people, signifying to them the design of his coming, the nature
and. end ofgoveniment in general, and particularly of that which he came to es-
tablish; assuring to them me full enjoyment of tlieh- spiritual and temporal rights,
liberty of conscience and civil freedom; and recommending to them to live in sobri¬
ety and peace. After having renewed tlie magistrate's commissions, he proceeded
to Upland, now called Chester, where, on the 4th day of December, 1682, he cal¬
led an assembly of the people, which consisted of as many of the freemen of the
province, and iJirce lower counties, then called the territories, as Üiought proper,to
appear^'.M^cordii^ to the provisions of tlie 16th ai'ticle of the frame of government.
At this assembly an act of union was passed annexing the tliree lower counties
(now the state of Delaware) to tlie province in legislation.
Among other laws, the act of settlement was passed, by which, witli some alter¬
ations and additions, the frame of government agreed upon in England, was accepted
and confirmed.* At tliis assembly all the laws agreed upon in England, were, witli
some alterations, passed in form, and the foreigners were naturalized. Nicholas
Moore, was speaker of this assembly, which continued in session only three days.
In the latter part of tlie year 1682, tlie proprietary purchased the land whereon
Philadelphia now stands, called by tlie natives Coaquannock, and with the assis¬
tance of his surveyor general, Thomas Holmes, laid out the city. At this period
the proprietor with tlie consent of the purchasers divided the province and terri¬
tories, each, into three counties; tliose of tlie province were called Philadelphia,
Bucks and Chester; and those of tlie ten-itories. New Castle, Kent and Sussex; and
having appointed slieriffs and other proper officers for each county, he issued writs
for the election of members of council and assembly, according to the provisions
of the frame of government.
He met the council on tlie 10th day of M.arch, 1683, O. S. at Philadelphia, and
the assembly two days afterwards. There were tliree members of council, and nine
members of assembly, returned fi^^ch county. The number of councillors and
members of assembly returned, being deficient, the freemen of tlie counties prayed
the proprietor that the number might be limited to three coimcillors and nine
members of assembly for each county, and that their non-compliance with the tenns
* The act oftdtlement is not inserted in this work, because aU the alterations which
it ifitrodufcd the frame of 16Q2, are among others amtained inihefsameoflQ^,
•[ introbüctioK.
oFthe frame of govcnimcint might not deprive them of it. The governor an
« ThatXv might amend, alter or add, for the puM.c gotxl,
to settle snch foundations as might be for their happiness, according to the power»
'''Thtïes'ïi^n continued twontv-two days. The principal
acted, was tlie alteration of the tWime of government. Oy the
it was provided, that no law should be passed to alter, change or dimmish the
form or effect of the frame of government, or any part or
rv to the true intent and meaning ihei-eof, without the consent of the goveimor and
six parts of seven of the freemen in pi-ovmcial council and general assembly.
A conference was held between the governor and council and tlie general
bly, at which the council and assembly unanimously requested an alteration of
frame of government- Whereupon a committee was appointed by each house to
amend the same, and incliule such alterations as had been ai^reed upon ; and at a
council held on the 2d of April, 1683, the frame, as amended, being prepared» wa«
read, signed, sealed and delivered by the governor to a committee of the assembly,
who returned to him the frame of 1682. Tiie charter of 1683 continued to be the
supreme law of the province until 1696.
William Penn continued in the province until the summer of the vear 1684, when
a dispute about the southern boundary of the province with Lord llaltimore, the
proprietor of Maryland, and other important interests, called him home to England.
Upon leaving the country, he empowered the provincial council to supply his pl^
in the government. In the year 1686, the proprietary found that the executive
part of the government was not well administered in consequence of being commit¬
ted to so many hands, he therefore issued a new commission to five persons, consti¬
tuting them commissioners of state, and vesting tliem witli tlie executive power df
government, with instructions to compel the attend.ance of" tlie provincial council ;
to suffer no intrenchment of the council or assembly upon tlie privileges and pow¬
ers of the executive ; to inspect tlie proceedings of the legislature, the qualifica¬
tions of the members, &c. Under the administration of the g ivenimcnt by these
commissioners, some difficulties occurred, particularly because of the dissatisfac¬
tion of the three lower counties; and the proprietary was induced, in the year
1691, to submit to the choice of the council tliree different modes of ailministering
the executive powers of government, viz. Either that of the council ; of five coiu-
missioners, or of a deputy governor. The council adopted the latter, and Thomas
Lloyd was elected deputy. Owing to the disagreement between tlie province and
territories, this election did not meet wjtli the approbation of the latter, and the
propr^tary appointed William Markham, their governor. -
It appears tliat William Venn, during the iinforlniiate reign of James IT, was in
favor at court; which, togetlier with other circnmstiinces, gave to RTa^eAlies an
Opportunity, after the revolution in 1688, of gaining over him a partial advaiciagat
In 1692 he vyas deprived, by William and .Mary, of the pfovemment of thsajirov-
ince and territories of Venn.sylvania, and a commission was issued to Benjamin
Tletcher, governor of New York, dated the 21st of October, 1692, authorising him
to annex Pennsylvania to his jurisdiction, novcriior Fletcher arrived at Philadel¬
phia in April, 1693. 1 he assembly met on the 16tU .\fa\* following, and resolved»
that the laws of ^the province that were in force befiire the arrival of the new gov¬
ernor were still in force ; and that tlie assembly liad a right to move for a contin¬
uance or confirmation thereof. They accordingly .addressed the guvernor, ac¬
knowledged his power, and prayed that the legishative proceedings might be regu¬
lated according to the charter and laws of the province, and that tlie same might
oe connrmecl to them. ®
governor had been displaced be¬
cause of the neglects and miscarriages of),is administration, that the constitution
Fnglan'dTml'thatt"!^- opposition to the government of
Sui T1 «e A to tlie former was proof of their%pposition to
lelattei. These disputes between the governor .and xssemblv arising from the
INTRODUCTION.
üi
lhat his political and private character were above reproach. This representation
was well received by the sovereign, and the proprietor was reinstated in his govern-
inent by letters patent, dated the 20th August, 1694: upon which he appointed
AVilliam Markham his lieutenant govemor, who convened the assembly on the 26th
October, 1696; at this session the act of settlement or frame of 1696, was passed,
which continued in force until the year 1701.
In Apgpwt 1699, William Penn set «¿1 fi^m England for Pennsylvania, where he
arrived early in December, the same year. Çuring his stav he had various meet¬
ings witli the general assembly, at which tlie business of tlie province was trans¬
acted with great harmony, and very much to tlie satisfaction of the people.
In May 1701, the former charter was suiTendered into the hands of the proprie¬
tary jmd governor, by six parts in seven of the assembly. And on the 28th Octo¬
ber 1701, the council, the assembly and several of the principal inhabitants of
Philadelphia attending, the governor presented to them the last charter of privile¬
ges or frame of 1701. At the same time he established by letters patent, under the
great seal, a council of state for the province and territories, to consult and as¬
sist the proprietary or his lieutenants with the best of their advice and counsel in
public afiàirs and matters relatmg to the goveniment, and to the peace, well being
andaafety of the people; and in the absence of the proprietary, or upon the lieu¬
tenants death or incapacity, to exercise all and singular the powers of government.
And having appointed Andrew Hamilton, lieutenant governor of the province, he
.«ailed for England.
The,, frame of 1701, continued the supreme law of the province during tlie resi¬
due of the proprietary .government, and is inserted at large in the following pages.
The first frame adopted in 1682 is also inserted, and the alterations and amend¬
ments made by the frames of 1683 and 1696, are annexed in notes. The last ge¬
neral assembly under the proprietary government was elected in October 1775, and
adjourned on the 26th September 1776.
The origin and progress of the revolution which terminated in the establishment
of the independence of the United States, is a matter of history well known to the
people of Pennsylvania. It is only necessary here to state, that the continental
congress, on the 15th May 1776, adopted a resolution recommending to the respec¬
tive assemblies and conventions of the United Colonies, where no .government suffi¬
cient to the exigencies of their affairs had been established, to adopt such .govern¬
ment as should, in the opinion of the representatives of the people, best conduce to
the happiness and safety of their constituents in particular, and America in general.*
There was a diversity of opinion in the province, on the subject of this resolution.
On the 21st May 1776, a protest was presented to the representatives in assembly,
against tlie authority of the house to interfere in the premises. It w;^. said that
the cliartered powers of the house were derived from the mortal enemy of .the
colonies, and die memliers were elected by such persons only as were in reaí'^ór
supposed allegiance to the king; that Uie liouse was in immediate intercourse with
agpivernor bearing the kings commission, being his sworn representative, and by
his oatli obliged to hold official correspondence with his ministers. That the cir¬
cumstances under which the members were elected, and their relation to, and con¬
nexion witli the ppivernment of Great Britain, disqualified them to take into con¬
sideration the resolve of the congress. That they did not object to the house exer-
cLsing the proper powers which it had hitherto enjoyed for the safety ami conveni¬
ence of the province, until such time as a new constitution originating from, and
founded on the authority of the people, should be adopted by a provincial conven¬
tion to be elected for tliat purpose; that an application would be maile to the com.
mittee of inspection and observation of tlie city and liberties tor callin.g a confer¬
ence of committees of the several counties, to provide for the election of a conven¬
tion for tlie purpose of carrying the resolve of con.gress into execution, and that
they were fully convinced that their safety and happiness, next to the immediate
providence of God, depended on tlieir complying with, .and supporting firmly the
said resolve of congress.
This protest was answered by atldressos to the assembly, from various parts of the
•tale. It was urged by those of a contrary opinion, tli.at the gi'nund upon which the
opposition to the arbitrary and oppressive roe.asures of the British ministry was
first made, was by theso proceedings of tlie congress totally changed, that instead
of forwarding a reconciliation with the parent state, on constitutional principles,
an object which alt should luve in view, a system of policy had been adopted tend-
• F0r thu TuohUim and¡trtambk *eepage 87 of this norlc.
jy introduction-j
îng immediately to the subversion of the constitution. n'leas^resfand drive
terate enemies of tixe colonies should persist m t P would then
them by violence to that lart shift, a ¿^^1»«^
be united and strengthened by t matte«, and
ly necessary ; that they had qualified \"cmselve8 ^
were exceeded by none in their exertions to tei ^ constitution
country, but it was witii a determmed resoWtion to aeieiiu w i „lattera
against innovations-they advised the assembly to
under their consideration with unam^^^^ ^
Ä the delegates m congres^ by
whi^ íherúlrrenbined to dissent frem and utterly reject any Propositioj^
should any such be made, that might lead to a separation from th®
or a change ofthe form of government, and they prayed the
changing or altering in any the least pai-t, their invaluable constituüon under which
thev had experienced so much happiness, and in support of which there was noth-
ing just or reasonable, which tliey would not willingly undertake.
They also urged that the resolve of congress was a conditional recommendation,
that the practice, had been, when assemblies and conventions were referred to by
the congress, to commit the subject to tlie assemblies, as the ancient constitutional
bodies in the respective colonies—that conventions were only i-esorted to in cases
■where arbitrai-y gjvernors had dissolved the assemblies or had subverted their
constitutions by abdicating their offices—tliat the assembly of tliis province
could not be prorogued or dissolved, that it had not been exceeded in exertions
in the common cause of liberty, that by the resolve of congi-ess, the representatives
of the people were the sole judges whether their governments were sufficient for
the exigencies of their affairs or not—that by the charter, six parts in seven of the.
assembly were vested with the power of altering the constitution and that in times of
confusion, changes should be cautiously adopted and only such should be made as
were absolutely necessary.
The assembly took no measures in relation to the resolve of congress more than
to appoint a committee to take the same into consideration, and to draft a memorial
from the house, setting forth the different contsructions and requesting an éx-
planation from congress in definite terms. It does not appear that this committee
made a report. These proceedings of the last provincial assembly took place in the
latter part ofMay, 1776. After which time a quorum of members seldom appear¬
ed in tlie house, and they finally adjourned on the 26th September, following.
In order to carry into eíféctÁe said resolution of the congress, the commit¬
tee ofthe city and liberties of Philadelphia addressed circular letteis enclosing the
resolve of congress, to the committees of the several counties, rcquestinir th«n to
ajipoint deputies to meet in provincial conference—the county committees com¬
plied with the request, and the conference met in PhUadelphia on the 18th of June
1776, and made provision for calling the convention which formed tlie constitu¬
tion of 1776. Such proceedings of the conference and convention as relate to tlie
consitution will he found in the following pages.
It appears thatthe constitution of 1776, did not meet the full approbation ofthe-
people, for m 1777, and in 1778, resolutions were adopted by the assemblv for
calling a convention,* but in 1779, upon the petitions of a very large number of
citizens, the resolutions were rescinded. ' o «v«. u.
By tlie 47th section of tlie constitution of 1776, the most important powers were
delegated to the council of censors, which was to consist of" two persons trom each
city and county, to be elected on the second Tuesday of October, 1783, aîTon the
second Tuesday ofthe same month, m every seventh vear thereafter the first and
only council met upon the 10th ofNovember 1783 TIip fir=t =» ■ i ■ ,
on the 21st of Taninrv 17S/1 iK» noer i/öo. 1 he hrst session terminated
oJ"AÎ'l°S
age of the act ofthe 4th April. 1785. whichTee in Ze£ p^ge loTof Îï'voL
Î SeV^gTm!'^ volume,
INTRODUCTION.
V
It will be observed Uiat at the first session a msgority of the council was in favör
of calling a convention fof the purpose of altering tlie constitution, and at the sec¬
ond session the majority was opposed to a convention.
The following appear to have been the reasons for this difference in tlie senti¬
ments of tlie majority.
George Btyan was elected in'tiie room of Samuel Miles, resigned—.Tames Potter
was elected m the room of Samiiel Hunter deceased, who had not attended, and
James Read and Willian Montgomery,, who were absent at tlie first, attended du¬
ring the second session.
The proceedings relative to calling the convention, and'the minutes of the conven¬
tion that formed the present constitution, .are inserted at large, together with the
act of the 28 th of MsJ^i 1825, for ascertaining the opinion of the people of the
eommonwealth relative to the call of a convention.
jlugttst 3, 1825.
CONTXiN'TS.
PART 1.
ChaD. I. The charter to William Penn.
II. J lie proprietary frames of government of 1682, 1683 and
1696.
III. The laws agreed upon in England in 1682.
IV. The charter of privileges or frame of 1701.
PART II.
Chap. I. The proceedings relative to calling the convention of 1776.
II. The minutes of the convention and tire constitution of 1776.
PART III.
Chap. I. A view of the proceedings of the first session of the coun¬
cil of censors.
II. A view of the proceedings of the second session of the
council of censors.
PART IV.
Chap. I. The proceedings relative to calling the convention of
1789-90.
II. The minutes of the first session of the convention of
1789-90,
III. The minutes of the second session of the convention of
1789-90, and the constitution of 1790.
IV. The minutes of the grand committee of the whole conven¬
tion.
PART V.
Chap. I. The act of the 28tli of March, 1825, for ascertaining the
opinion of the people of this commonwealth relative to the
call of a convention.
axd
of
PENNSYLVANIA»
PART f.
Cliaçteï I.
Tíife "Royal dkartcr gTanted to WilliaTíft Penn,
Esq. l?ro]j»Tcietairy and C^oYexnoT of Tennsyl-
vania
CHARLES the second, by the grace of God, kingof England, Scotland,
France and Ireland, defender of the faith, &c. To all to whom
these presents shall come. Greeting:
"Whereas our trusty and well beloved subject William Penn, Esq.
son and heir of sir William Penn, deceased (out of a commendable de¬
sire to enlarge our English empire, and promote such useful commo¬
dities as may be of beneñttous and to our dominions, as also to reduce
the savage natives by gentle and just manners to the love of civil soci¬
ety and christian religion) bath humbly besought leave of us to trans¬
port an ample colony unto a certain country hereinafter described, in
the parts of America not yet cultivated and planted; and hath likewise
humbly besought our royal majesty, to give, grant and confirm all the
said country, with certain privileges and jurisdictions requisite for the
good government and safety of the said cpuntry and colony, to him
and his heirs for ever:
Sectiox I. Know ye, therefore, that we (favouring the petition and
good purpose of the said William Penn, and having regard to the memo¬
ry and merits ofhis late father in divers services, and particularly t'ohis
conduct,c<virage and discretion, under our dearest brother James duke
of York, in that signal battle and victory fought and obtained against the
Dutch fleet, commanded by the Heer Van Opdara, in the year 1663:
In coDsideratiqn thereof 01 our special grace, certain knowledge ¿nd
J(^0 CHARTER TO
mere motion^ have given and granted, and by this
for us our heirs and successors, do give and grant unto the said »"'»"J
Penn, his heirs and assigns, all that tract or part of land in
with all the islands therein contained, as the same is bounded on the
east by Delaware river, from twelve miles distance northwards of New
Castle town unto the three and fortieth degree of northern latitude, if
the said river doth extend so far northward: but if the said river shall
not extend 60 far northwards, then by the said river so lar as it doth
extend; and frorn the head ot the said river the eastern bounds
be determined bv a ineritlian line, to be drawn, irom the head or the
said river unto the said three and fortieth degree, ihe said lands to
extend westwards five degrees in longitude,"to be computed from the
said eastern bounds; and the said lands to be bounded on the north bj'^
the beginning of the three and fortietii degree ot northern latitude, and
on the south by a circle drawn at twelve.iniles distance from New
Castle northwards; and westwards unto the beginning of the-fortietk
degree of northern latitude, and then by a straight line wéStwards te
the limits of longitude, above mentioned.
Sect. 2. We do also give and grant unto the said \V illiam Penn, his
heirs and assigns, the free and undisturbed use.and continuance in,
and passage unto, and out of all and singular ports, harbours, bayS,
waters, rivers, isles and inlets, belonging unto, or leading to and from
the country or islands aforesaid, and all the soil, lands, helds, woods,
underwoods, mountains, hills, fens, isles, lakes, riveis, waters, rivu¬
lets, bays and inlets, situate or being within, or belonging nnto the
limits and bounds aforesaid, together with the fishing of all sorts of
fkh, whales, sturgeons, and all royal and other fishes, in the seas, bay^
inlets, watèrs,or rivers, within the premises, and the fish therein taken;
and also all veins, mines and quarries, as well discovered as not dis-*
covered, of gold, silver, gems and precious stones, and all other what¬
soever, be it stonse, metals or of any other thing or matter whatsoever,
tfound or to be found within the country, isles oi limits aforesaid.
Sect. 3. And him the said Williaip Penn, his heirs and assigns, we
do by this our royal charter, for lis, our heirs and successors, make,
create^ and^constitute the true and absolute proprietaries of the coun¬
try aforesaid,-and of all other tlie premises: Saving always to us, ilur*
heirs and successors, the faith and allegiance of the said VVilHam Pcnii,
his heirs and assigns, and of all other the proprietaries' tenants and
inhabitants, that are or shall be within the territories , add precincts
aforesaid; and saving always unto us, our lieirs and successors, the
sovereignty of the aforesaid countries; to have, hold, possess and enjoy
the said tract of land, country, isles, inlets, and other the premisas,
unto the said William Penn, his heirs and assigns, to the only proner
use and behoof of the said William Penn, his heirs and assigns fore
er, to be no'den of us. our heirs and successors, kings of England,
of ourxastle of Windsor, incur county of Berks, in free and coram
ev-
as
common
socage, by fealty only for all services, and not in capite, or by knights
.e ..iarcb,,erect the „f«seul celTc^tS Ä 'Íto
A\^LTAM PENN.
11
«ni seignory, and do call it Pennsylvania, and so from hemceforth wë
will have it calledv-"
Sect. 4. And forasmuch as we have hereby made and ordained the
aforesaid. William Penn, his heirs and assigns, the true and absolute
proprietaries of all the lands and dominions aforesaid, know ye, there¬
fore, that we (reposing special trust and confidence in the fidelity, wis-
dtina, justice and provident circnmspection of the said William Penn^
for us our heirs and successors, do grant free, full and absolute power,
(by virtue of these presents) to him and his heirs, and to his and their
deputies and lieutenants, for the good and happy government of the
said i.ountFy,,to ordain,make and enact, and under his and their seals
M publish any laws whatsoever, for the raising of money for the pub¬
lic use of thesaid'province, or for any other end, appertaining either
unto the public.state, peace or safety of the said country, or unto the
private utility of particular persons, according.unto their best discre-
tion,.by and witli the advice, assent and approbation of tlie freemen of
the said country, or tiie greater part of them or of their delegates or
deputies, whom Ibr the enacting of the said laws, when and as often as
need shall require, we will that the said William Penn, and his heirs>
shall assejnjble In such sort and form, as to him and them shall seem
best, and the same laws duly to execute, unto and upon all people with¬
in the sait! country and limits thereof.
Sect. 5. And we do likewise give and' grant unto the said William
Penn, and his heirs, and to his and their deputies and lieutenants,
such power and authority to appoint and establish any judges and jus¬
tices, magistrates and other omcers whatsoever, for what causes soever
(for the probates of wills, and for the granting of administrations with¬
in the precincts aforesaid) and with what power soever, and in such
forms as to the said William Penn, or his heirs shall seem most con¬
venient; Also to remit, release, pardon and abolish (whether before
judgment or after) all crimes and offences whatsoever, committed,
within the said country against the said laws, (treason and wilful and
tnalicieus murder only excepted-,,and in those cases to grant reprieves,
until our pleasur&may be known therein) and'to do-all and evjiry oth¬
er thing and things, .which unto the complete establishment of justice
unto courts and tribunals, forms of judicature, and manner of proceed¬
ings, do belong, although in these presents express mention be not
made thereof; and by judges 1^ them delegated, to award proeess-,
hold pleas, and determine in all the said courts and tribunals ail ac¬
tions, suits and causes whatsoever, as well criminal as civil, personal,
real aud nixed: which laws, so as aforesaid to be published, our plea¬
sure is, and.so we enjoin, require and command, shall be most absolute
and available inlaw; and that all the liege people and subjects of us,
our heirs and successors, do observ.e and keep the same inviolable in
those .parts, so far as they concern them, under the pain therein ex-
firessed, or to be expressed. Provided nevertheless. That the said
aws be consonant to reason, and be not repugnant or contrary, but (as
near as conveniently may be) agreeable to the lawsy statutes and
rights of this our kingdom of England; and saving and reserving to us;
our heirs and successors, the receiving, hearing and determining of the
appeal and appeals of all or any person or persons, of, in, or belong¬
ing to the territories,afore9sñdj or any judgmçnt to be there;
made or giv.en.
CHARTER TO
Sect. 6. Anil forasmuch as in the-governinent of so great a country,
sudden accidents do often happen, whereuntp it will be necessary fo
apply a remedy, before the freeholders of the said province,-or then
dKates or deputies, can be assembled to the making of
will it be convenient that instantly, upon cvCy such emergent occasion,
so ereat a multitude should be called together: fhercfore (for the bet¬
ter government of the said country) wc will and ordain, and by these
presents, for us, our heirs and successors, do grant unto the said Wil¬
liam Pcnn, and his heirs, by themselves, or by their magistrates and
officers, in that behalf duly to be ordained aS aforesaid, to make and
constitute fit and wholesome ordinances from time to time, wdthin the
said couetry to be kept and observed, as well for the preservation of
the peace, as for the better government of the people there inhabitingj
and publicly to notify the same to all persons, whom the same dotli or
any way may concern. Which ordinances, ourvyilland pleasure Js,
shall be observed inviolably within the said province, under the pains
therein to be expressed, so as the said ordinances be consonant to rea¬
son, and be not repugnant nor contrary, but (so far as conveniently
may be) agreeable to the laws of our kingdom of England, and so as
the said ordinances be not extended in.any sort to bind; charge, or take¬
away the right or interest of any person or persons, for or in their life,
members, freehold, goods or chatties. And our further will and plea¬
sure is, that the laws for regulating and governing of property within
the said province, as well for the descent and enjoyment of lands, as
liketvise for the enjoyment and succession of goods and chatties, and
likewise as to felonies, shall be and,continue the same, as they shall be
for the time being by the general course of the law in our kingdom of
England, until the said laws shall be altered by the said William Penn,
his heirs or assigns, and by the freemen of the said province, theirdele-
gates or deputies, or the greater part of them.
Sect. 7. And to the end that the said William Pcnn, or heirs, or
other the planters, owners or inhabitants of the said province, may not.
at any time hereafter (by misconstruction of tlue powers aforesaid)
through inadvertency or design, depart from that faitlf and due allegi¬
ance, which by the laws of this our realm of England, they and all ouç
subjects, in our dominions and territories, always owe unto us. our
heirs and successors, by colour ot any extent or largeness of powers
hereby given, or pretendeil to be given, or by force or colour of any
laws hereafter to be made in the said province, by virtue of any such
powers; our further will and pleasure is, that a transcript or dupli-
cateofall laws, wliich shall be so as aforesaid made and publUlied
xyithin the said province, shall within five years after the makin?
thereof be transmitted and delivered to the privy council, for the
time being, of us, oUr heirs and successors: And if any of the said
S r 1 " ^ v f that they shall be so trans¬
mit nífh!Í be declared by us. our heirs or successors, in
our or then privy counci , inconsistent with the sqvereignty or lawful
prerogative oí us, our heirs or successors, or contrary to the faiS and
<1»=^»« tl.. legal government oflhU r.Z, from the sa»
\V|n.ain Pcnn, or In, he.m, or of the planters and intiabitant, of So
o°„°Ä'orlíc'""' "t" "■j"''®-
their nrivv ieal tl.ar+iamT f r ' successors, under our ur
>hich such j«d¿„.nt and
IttLMAM TENN.
IS
Otherwise the said laws so tratisiAitted shall retnaiil and stand in full
force, according to the true intent and meaning thereof.
Sect. 8. Furthermore, that this new colony may the moTe happily
encreas^ by the multitude of people resorting thither; therefore we,
for us, our heirs and successors, do give and grant by these presents,
power, licence and liberty unto all the liege people and subjects, both
present and future, of us, our heirs'and successors (excepting those
who shall be especially forbidden) to transport themselves and families
unto the said country, with such convenient shipping as by the laws of
this our kingdom of England they ought to use, and with fitting provi¬
sion, paying only the customs therefor due, and there to settle them¬
selves, dwell and inhabit, and plant, for the public and their own pri¬
vate advantage.
Sect. 9. And furthermore, that our subjects may be the rather en¬
couraged to undertake this expedition with ready and clieerful minds,
know ye, that we, of our especial grace, certain knowledge, and mère
motion, do give and grant, by virtue of these presents, as well unto the
said Williarn Penn, and his heirs, as to all others who shall from time
to time repair unto the said country, with a purpose to inhabit there,
or to trade with the natives of the said country, full licence to lade
nnd freight in any ports whatsoever, of us, our heirs and successors ac¬
cording to the laws made or to be made within our kingdom of Eng¬
land, and into the said country, by them their servants or assigns, to
transport all and singular their goods, wares and merchandises, as
likewise all sorts of grain whatsoever, and all other things whatsoever,
necessary for food or clothing, not prohibited by the laws and statutes
of our kingdoms and dominions tobe carried oüt of the saidkingdoms,
without anv let or molestation of us, our heirs and successorsj or of
any the ofiicers of us, our heirs and successors, saving always to us,
our heirs and successors, thelegal impositions, customs, and other du¬
ties and payments, forthe said wares and merchandise, by any law or
statute due or to be due to us, our heirs and successors.
Sect. 10. And we do further, for us, our heirs and successors, give
and grant unto the said William Penn, his heirs and assigns, free and
absolute power to divide the said country and islands into tdwhs, hun¬
dreds and counties, and to erect and incorporate towns into boroughs«,
and boroughs into cities, and to make and constitute fairs and markets
therein, with all other convenient privileges and immunities, accor¬
ding to the merit of the inhabitants, and the fitness of the places, and
to do all and every other thing and things touching the premises, which
to him or them shall seem requisite and meet, albeit they be such as
of their own nature might otherwise require a môre especial command-
ïnent and'warrant than in these presents is expressed.
Sect. 11. We will also, and by these presents, for us, our heirs
and successors, we do give and grant licence by this our charter, unto
fhc said William Penn, his heirs and assigns, and to all the inhabit¬
ants and dwellers in the province aforesaid, both present and to corpe,
to import or unlade, by themselves or their servants, factors or assigns,
all merchandises and goods whatsoever, that shall arise of the fruits
and commodities ofithe saitT province, either by land or sea, ipto any ot
tue ports of us, our heirs or successors, in our kingdom of England,
and not into any other country whatsoever: And we give him full
power to dispose of the said goods in the said ports;^ and if need be,
within one year fte^t after the unlading of the same, to lade tlie said
14
charter to
merchandise and goods again Into the same or e.*iier ships, and tw
transport the same into any other countries either of our dommiona
èr foreign, accordiiK to law; provided always that they pay such cus¬
toms and imposHiohs. subsidies and duties for the same, to us,«ur heirï,
aSîtl successors, as the rest of our subjects of our kingdom of Eng auc,
for the time being, shall be bound to pay, and tlo observe the acts o
navigation, and other laws in that behalf made.
Sect. 12. And furthermore, of our more ample and especial grace;,
certain knowledge, and mere motion, we do for us, our heirs and suc¬
cessors, grant unto the said William Penn, his heirs and assigns, lim
and absolute power and authority to make, erect and constitute, witlr--
in the said prwincc and the isles and inlets aforesaid, such and so ma--
ny seaports, harbors, creeks, havens, keys, and .other places tor dis¬
charge and unlading of goods and merchandises out of the ships, boats
and other vessels, and lading them into sucli and so many places, amî
■with such rights, jurisdictions, iibeities and'privileges, unto the said
ports belonging, as to him and them shall seem most expedient; ant!
that all and singular the ships, boats and other vessels which shall
come for merchandise and trade unto the said province, or out ol liic
5ame, shall depart, shall be laden or unladen only at such ports as slrall
be erected and constituted by the said William Penn, his heirs pv
âssigns, any use custom or other thing to the contrary notwithstand¬
ing: Provided, that the said William Penn, and his iieirs, and the lieu¬
tenants and governors tor the time being, siiail admit and receive iii.j
and about all such ports, havens, ctecksand keys, all oflicers aad thcic..
deputies, who shall from time to time be appointed for that purpose by
the farmers or commissioners of our customs for the time being.
Sect. 13. And we do further appoint and ordain, and by these pres¬
ents. for us our heirs and successors, we do grant unto the said Wil¬
liam Penn, his heirs and assigns, that he the said William Penn,
his heirs and assigns, may from time to lime for ever have and enjoy
the customs and subsidies, in the ports, harbours, and other creeks
and places aforesaid, within the province aforesaid, payable or due for
merchandises and wares there to be laded and unladed, the said cus¬
toms and subsidies tobe reasonably assessed upon any occasion,by
themselves and the people there as aforesaid to be assembled, to whon*
we give power by these presents, for us, our heirs, and successors, upon
just cause and in a due proportion, to assess and impose the same;,
saving unto us, our heirs and successors, such impositions and customs^
as by act of parliament are and aliall be appointed.
Sect. 14. And it is our farther will and pleasure, that the said'
William Penn, his heirs and assigns, shall from time to time consti¬
tute and appoint an attorney or agent, to reside in or near our city of
London, who shall make known th^e place where he shall dwell, or may
be '"uiid, unto the clerks ot our privy council for the time being, or one
01 them, and shall be ready to appear in any of our courts at West¬
minster, to answer for any misdemeanors that shall be committed, or'
by any wilful default or neglect permitted, by the said William Penn."
18 heirs or assigns, against our laws of trade and navigation; and af-'
ter It shaU be ascertained m any of our said courts what damages we.
alerT hT! -T sustained by such default or ne-
gect, the said William Penn, his heirs or assigns, siiall pay the same
idler such taxation, and demand thereof from such at¬
torney. Oi in case there shall be no such attorney by the space of one
WILLIAM PENN.
Í5
year, ûr such attorney shall not make payment of such damages with¬
in the space of one year, and answer such other forfeittires and penal¬
ties within the said time, as by the acts of parliament in England, are
and shall be provided, according to the true intent and meaning of
these presents, then it shall -be lawful for us, our lieiip and successors,
to seiie and resume the government of the said province or country,
and the same to retain until payment shall be made thereof: But net-
withstanding any such seizjure or resumption of the government, noth¬
ing concerning the propriety or ownership of any lands, tenements or
ûther hereditaments, or goods or chattels of any of the adventurers,
planters or owneis. other than .the respective offenders there, shall any
•way be affected or molested thereby. j
Sect. 15. Provided always, and our will and pleacureis, that neith¬
er the said William Penn, nor his heirs or any other the inhabitants of
the said province, shall at any time hereafter have or maintain any cor¬
respondence with any other king, prince or state, oy with any of their
subjects, who shall then be in war against us, our heirs and succes¬
sors; nor shall tltó said William Penn, or his heirs^ or any other the
ínhabitaríts of the said province, make war, or do any act of hostility
against any other king, prince or state, or any of tlieir subjects, who
snail then be in league or amity with us, our heirs or successors.
Sect. 16. And because in so remote a country, and situate near ma¬
ny barbarous nations, the incursions as well of the savages themselves
as of other enemies, piratc^and robbers, may probably be feared; there¬
fore we have given, and for us, our heirs and successors, do give pow¬
er by these presents unto the said William Pean, his heirs and as¬
signs, by themselves or their captains or other their officers, to levy, mus¬
ter and train all sorts of men, of what condition or wlieresoever born, in
thg said province of Pennsylvania, for the time being, and to m^e
war, and to pursue the enemies and robbers aforesai|l, as well by sea
ashy land, yea even without the limits of the said provipce, and by God's
assistance to vanquish and take thern, and being tak^n to put them to
death by the law of war, or to save them, at their pleasure, and to do
all and-every other act and thing wiiich to the charge and office of a
captain-general of an army belongeth or hath accustSned to belong, as
fully ana freely as any captain general of an army íiath ever had the
*Wme. j
Sect. ir. And furtliermore, of our especial grace, find of our certeiu
knowledge and mere motion, we have given and grafted, and by these
^presents, for us, our heirs and successors, do give a^id grant unto the
said William Penn, his heirs and assigns, full and absolute pow¬
er, licence and authority, that he the said William Penn, his
heirs and ^assigns, from time to time hereafter jorever, at his or
their will or pleasure, may assign, alien, grant or en¬
feoff, of.tbe premises so many and such parts an^ parcel^, to hlai
or them., that shall be willing to purchase the sane, as they shall
think fit, to ;haye and to hold to them, the said perspp or persons wil¬
ling to take or purchase, their heirs and assigns, inlfee-simple, or fee-
taii, or for the term of life, or lives, or years, to held of the said
William Penn, his heirs ^nd assigns, as of the saiil seniory of Wind-
«or, by such services, customs and rents, as shall sfcem fit to the said
William Penn, his heirs aind assigns, and not imiiediatcly ofus, ouç^
lœirll or successors.
16
CHARTEU TO
Sect. 18. And to the same person or persons, and to all and cverT
of them, we do give and grant by these presents, for us our heirs and
successors, licence, authority and power, that such person or persons
may take the promises, or any parcel thereof, of the aforesaid William
Penn, his heirs or assigns, and the same liold to themselves, their
heirs and assigns, in what estate of inheritance soever, in fee-
simple or in fee tail, or otherwise, as to him the said W illiam Penn,
his heirs and assigns, shall seem expedient: The statute made in the
parliament of Ed ward, son of king Henry, late king of England, our
predecessor (commonly called The. statute quia etiipiores terraTunii
lately published in our kingdom of England) in anywise notwith¬
standing.
Sect. 19. And by these presents we give and grant licence unto the
said William Penm, and his heirs, likewise to all and every such per¬
son and persons, to whom the said William Penn or his heirs, shall at
any time hereafter grant any estate of inheritance as aforesaid, to erect
any parcels of land within the province aforesaid into manors, by and
with the licence to> be first had and obtained for that purpose, under the
hand and seal of tiae said William Penn, or his heirs; and in every of
the said manors to have and to hold a court-baron, with all things what¬
soever which to a court-baron do belong, and to have and to hold view
of frank-pledge foir the conservation of the peace and the better gov¬
ernment of those parts, by themselves or their stewards, or by the
lords for the time being of other manors, to be deputed when they shall
be erected, and in the same to use all things belonging to the view of
frank-pledge- And we do further grant license and authority,
that every such person and persons, who shall erect any such manor
or manors as afor esaid, shall or may grant all or any part of his said
lands to any person or persons in fee-simple, or any other estate of
inheritance, to bi; held of the said manors respectively, so as no furth-
or tenures shall be created; but that upon all further and other alien¬
ations thereafter to be made, the said lands so aliened shall be held of
the same lord ami his heirs, of whom the alienor did then before hold,
and by the like t|ints and services which were before due and accus¬
tomed.
Sect. £0- And further our pleasure is, and by these presents, for us,
our heirs and successors, we do covenant and grant to and with the
said William Penn, his heirs and assigns, that we our heirs and suc¬
cessors shall at no time hereafter set or make, or cause to be set, any
imposition, custom or pther taxation, rate or contribution whatsoever,
in and upon the dwellers and inhabitants of the aforesaid province, for
Hieir lands, tenements, goods or chatties within the said province, or
in and upon any goods and merchandise within the said province or
to be laden or unladen within the ports or harbours of the said pro¬
vince, unless the same be with the consent of the proprietary or chief
governor and assembly, or by act of parliament in England,
Sect. 21. And our pleasure is, and for us, our heirs and succes¬
sors, we charge and command, that this our declaration shall from
henceforward be received and allowed, from time to time, in all our
.«.Xrfpnr the j udges of us. our heirs and successors for a
iníalTalrsíniuTÍ the payment and acquittance; command-
in^ all and singular the officers and ministers of us, our heirs and suo-
thevdu not ' P"" of our highest displeasure, that
they do not presuote at any time to attempt any Üiing t6 the conSî-
WILLIAM PENN.
17
IT of the wopl^es, or that.thej dç, in any sort withstand the same, but
^t they neat all,;timcs aiding and assisting, as is fitting, unto the
Wiilianr Penn. andhis heirs, and to the inhabitants and merchants
nlthe province aforesaid, their servants, ministers, factors and assigns,
in the fuli use and fruition of the benefit of this our charter.
Sect. 22. And our further piîeasure is, and we do hereby, for us, our
heirs and successor« charge and require, that if any oí the inhabitants
of the said province, to the number of twenty sliall at any time hereaf¬
ter be desirous, and shall by any writing, çt by any person deputed for
them, signify, such their desire to the bishop of London, that any
preacher or preachers, to be approved of by the said bishop, may bê
sent unto them for their instruction; that "then" such preacher or
pirÇAchers shalWnd may be and reside within,the said province, with¬
out any denial or molestation whatsoever. ^ '
Sect. 23. And if perchance hereafter any doubt or questi^ should
arise, concerning the true sense or meaning of any word, clause of
sentence, contained in this our present charter, vve will, ordain and
command, that at all tiines and in all things, such interpretations be
made thereot^ and allowed in any of our courts whatsoever, as shall be
adjudged most advantageous and favorable unto the said William Penñ,
his heirs and assigns: Provided always, no interpretation be admitted
thereof, by which the allegiance due unto us, our heirs and aucces-
BOFS.jmay suffer any prejudice or diminution; although expréss men¬
tion be not made in these presents of the true yearly value, or certain¬
ty of the premises, or of any part thereof, or of other gifts and grants
made by us, our progenitors or predecessors unto the said v\ illiam
Penn; or any statute, act, ordinance, provision, proclamation, or re-
btcaint heretofore had, made, published, ordained or provided, or
any other thing, cause or matter whatsoever, to the contrary there¬
of iq anywise notwithstanding.- In witness whereof we have caused
thesejour letters to be made patents: Witness ourself, at Westminster,
the fourth day of March, in the tliree and thirtieth year of our reign,
J3i/ icvit of Privy Seal,
PIGOTT,
ÇUaçteï 11.
PROPRIETARY FRAMES OF GOVERNMENT,
of the government of the province of Pennsyl¬
vania, in Amenca; together with certain luws agreed
upon in England, by the Governor and divers fremen
of the aforesaid province,
THE PREFACE.
When the great and wise God had made the world, of all biâ crea¬
tures, it pleased him to chose man hi# Deputy to rule it; and t® bim
for so great a charge and trust, he did not only qualify him wtth skill
and power, but wiui integrity to use tiiem justly. Phis native 8®®*^
ness was tequally his honour and his happiuessi ää4 wtwst ha ftsou
18
TTIE PROPRIETARY FRAME
here, all went well; there was no need of coercive or compulsive
means; the precept of divine love and truth, in his bosom, was'twe
guide and keeper of his innocency. But just prevailing »gainst- duty,
made á lamentable breach upon it; and the law, that bélorc had no
power over him, took place upon him, and hi|^" (lisobßd*G"t posterity,
that such as would not live conformable fo the, holy law within, shoul«
fall under the reproof and correction of tiie just law without, in a ju¬
dicial administration.
This the Apostle teaches in divers of his epistles; "Thelawfsajs
he) was added because of transgression:" In another place, " Know¬
ing that tiie law was not made for the righteous man; but for the diso¬
bedient and ungodly, for sinners, for unholy and prophane, for murde¬
rers, for whoremongers, for tbeip that defile themselves with mankind,
and'for mansteale'rs, 'for lyers for perjured persons," &c. but this
is notai!, he'opens and'carries the matter of government a little fur¬
ther: " Let every soul be subject to the higher powers; for there is no
power but of God. The powers that be are ord»ined of God: whoso¬
ever therefore resistcththe power, resisteth the ordinance of God. For
rulers are not a terror to good works, but to pvil: wilt thou then not
be afraid of the power? do that which is good, aud thou shalt have
praise ofthe same." "He is the minister of God to thee for good."
'f Wherefore yè must needs be subject, not only fur wrath, but for con¬
science sake."
Tnis.settles the divine riglrt of government beyond exception, and
that for two ends: first, to terrify evil dpers; secondly, to cherish tliose
that do well; which gi^es government a life beyond corruption, and
inakes it as durable in the world, as good men should be. So that gor
vernment seems to me a part of religion itself, a thing sacred in its
institution and end. For, if it does not directly remove the cause, it
crushes the effects of evil, and is as such, (tiiough a lower,) yet au
éminaíion of the «ame divine power, that is both author and object of
pure religion ; tiie, difference lying here, that the ope is more free and
mental, the other more corporal and compulsive in its operations: but
that is'only to evil doers; government4|^elf being ,otherwise as capa?
ble' of kindness, goodness and charity, as a more private society. They
weakly err," that think there is no other use of government, than çor-
reetiOTi, which is 'the coarsest part of it: daily experience tells us, that
the care and regulation of many other affairs, mocp soft, and daily ne-
•cÍESsary, make up much the greatest part of government; and which
must nave followed the peopling of the world, had Adam never fell,
and will contippç among men, qo earth, under the highest attainments
they'may arrive" at, by the coming of the bl^ed second Mam, the
J.ord, from Heaven. Thus much of government in general, as to its
lise and end. ' ,i.
'For parficular/mmcs and models, it will become me to say little ;
and comisar,atively I will,say nothing. My reasons are:— - -
' First, That the age is top nice and difficult for it; there being no¬
thing the wits of men are rao|;e busy and divided upon, it is true-
they seem to agree tothp eniL to wit, happipess; but, in the means!
they difier, as to divine so to thisliump,n felicity; and the cause is mucU
die same, not always want of light and, knowledge, but want of using
tteni rightly. Men side with their passions against tlieir reason, ant
their sinister interests have^ so strong a,bias upon their minds, timt
•theyiean to them against the good of tlie things tney know.
or GOVEUNMENT.
19
^Ondlif, I do not find a model in the world, that time, place, and
Slime'singulai-emergentes have not necessarily altered; nor is it easy
to^fwwe « civil^Swelflî'mflîit, that shall serve all places aliké^^ '
g^hirdiy, I knlvr'what is said by the several admirers oijnqnarçhy,
ttrjgiUsrri^ and which are the rule of one, a few, an^^njaJ^,
antUare-the three-common ideas of government, when men discq^u^e
fin the subject. -But I chuse to solve the controversy with this éiiiáll
distinction, and it belongs to all tliree: Jihtj government is /ree to the
people under it {whatavei-be the framii) where the taws rule, and the
people are a party to those laws, eivd more than this is tyranny, oli¬
garchy, or confusion. -
But, lastly, when all is said, there'is hardly one frame of government
in the world so ill designed by its first founders, that, in good hands,
would nut do well enough, and story tells us, the best, in ill ones, ípáu
do nothing that is great or good; witness the Jewish ánd Jloman states.
Governments like clocks, go from the motion men give them; and as
governments are made and moved by men, so by them they are ruined
too. Wherefore governments rather depend upon men, than men up¬
on governments. Let men be good, and the government .cannot be
bad; if it be ill they will cure it. But, if men be bad, let thegovern-
tnenbbe never so good, they will endeavour to warp and spoil it to
their turn.
I know some say, let us have good laws, and no matter for the men
that execute them: but let them consider, that though good laws do
well, good men'dor better: for good laws may want good men, and be
abolished or evaded by ill men; but good men will never want good
laws, norsufler ill ones. ^It is true, good laws liave some awe upon ill
ministers, but that is where they have not power to escape or almlish
them', and the people are generally wise and good; but a loose and de-
people (which is to the question) love laws and an administra¬
tion like themselves. That, therefore, which makes a good constitu¬
tion must keep it, viz. men of wisdom and virtue, qualities, that be¬
cause they descend not with worldly inheritances, must be careftilly
propagated by a virtuous education of youth; tor' which after^agps will
owe more to the care and prudence bf founders, and the successive
magistracy, tlian to their parents, for their private patrimonies.
These considerations of the weight of government, and the nice apd
v^arious opinions about it, madê it Uneasy to me to think of publishing
the ensuing frame and conditional laws, foreseeing both the censures,
they wiH meet with, from men of diliering humors and engagements,
and the occasion they may give of discourse beyond my design.
à But) ne»t to the power of necessity, (which is a solicitor, that will
take no denial) this induced me to a compliance, that we have (with
reverence to God^nd good conscience to men) to the best of our skill,
contrived and composed the frame and hnvs of this government, to
tliê'great end ôf all government, viz. To support power in reverence
with the people, and to secure the people from the abuse of power; that
they maybe free by their just obedience, and the magistrates honorg-
blc^foiUbajr just administration: for liberty without obedience is con¬
fusion, and obedience without liberty is slavery. To carry tMs 'e^^-
ness is partly owing to the constitution, and partly to the
■wdie^ eitlier of these fail, governmont will be subject to convt^p^}
but where bot!» are wanting it must be totally subverted; then
gq the proprietary frame
b'ótlrmcet, the government is like to endure* WliicliT humbly praj
óntíhopeGod^ilIpteMeto make the lot of this of Pennsylvanvh
tvtt.t.tam pp.nm.
THE EUAME, fi-c.
to all people, to whom these presents shall come. Whereas king
Charles the second, by his letters patents, under .the great seal of
Íflízíí. for the consideration,therein mentioned, hath been graciously
pleased to give and grant unto roe William Penn (by the, name or
William penn, Esquire, son and heir of sir iTii/iani Penn deceased) and
to my heirs and assigns forever, all that, tract of,land, or province,
called Pennsylvania, in America, with.divers .great powers, preemin¬
ences, royalties, jurisdictions, and authorities, necessary,for the: well
being and government thereof: Now know ye, that (pr'the.well bein»
and government of the said province, and for the encouragement of all
the freemen and planters, that maybe therein concerned, in pursu¬
ance of the powers aforementioned, I the .said ^ William Penn, have
declared,^granted and confirmed, and by these presents, for me, my
heirs and assigns, do declare, grant and confirm unto all the freemen,
planters and adventiirers of, in and to the said province, these liberties,
franchises and properties, to be held, enjoyedjind kept by the freemen,
plantera and inhabitants of the said province of Pennsylvania, for
«ver. ^
Imprimís, That the government of this province shall, according to
the powers of the patent, consist of the Governor and freemen of the
naid province, in form of a provincial council,and general assembly, by
whom all laws shall be made, officers chosen, and public afiairs trans¬
acted, as is hereafter respectively declared, that is, to say—
JI. That the freemeij of the said province shall, on the twentieth
day of the twelfth month, which shall be in this present year one thou-
eand six hundred eighty and two, nipet and ossemlije in some fit
place, of which timely notice shall be. before hand given by the gover¬
nor or his deputy; and then, and there, shall choose out of themselves
seventy^tVo persons of most note for their wisdom, virtue and ability,
who shall meet, on the tenth day of fhetfirst month next ensuiac, and
always be called, and act as, the provincial council of the saia pro¬
vince.*
in. That at the first choice of such provincial c uncil, one-third part
of'the said provincial council shall bo chosen to serve for three years
then next ensuing; one-third part, for two years then next ensuing;
and one-third part, for one year then next ensuing such election, and
po longer; and that the said third part shgU go out accordingly; and
on the twentieth day of the twelfth month, as aforesaid, yearly for ever
afterwafds, the freemen of the said province shall, in like manner,
meet and assemble together, and then choose twenty four persons be-
îfîS third of the said number, to serve in ptovincial council for
tlvw years; it bcin^ intended, that one-third part of the whole pro-
P«>»iaclal councillors is retlHCed to lA
thi-ee out ot each count.v; and by Governor Markham's charter of 169A tte
tt'Ambiar <jt «u.iciUo« is reduced to tn o out of «ach ^
OF GOYEIINMENT.
vinci^ çftuncH (always consisting, and to consist, of seventy-two per¬
sons a^foresaid) faJUng oft"yearly, it shall be yearly supplied by such
new yearly elections, as aforesaid; and that no one person shall con¬
tinue therein loqgpy than three years: and, in case any member sháll
decease before the last election during his time, that then at the next
election ensuing his decease, ancjther shall be chosen to supply his
place, for the remaining time, he wa'S"to have served, and no longer.®
ly. That,^fter th.e first seven years, everyone of the said third
parts, that goeth yearly off, shall be uncapable of being chosen again
for one whole year following: that so all may be fitted for government,
and have experience of the care and burden of it.
^ V. That the provincial council, in all cases and matters of moment,
as their arguing upon bills to be passed into laws, erecting courts of
justice, giving judgment upon criminals impeached, and choice of of-
jjcers, in such maniieras is hereinafter mentioned^ not less than two-
thirds of the whole proviii'cial council shall make a quorum; and that
the consent and approbation of two thirds of such quorum shall be had
in all such cases and matters of moment. And moreover tliat, in all
cases and matters of lesser moment, twenty four members of the said
provincial council shall make a quorum, the majority of which twenty-
four shall, and may,always determiné in such cases and causes of les¬
ser momenf.t '
VI. That in this provincial council, tlie governor, or his deputy,
shall or may always preside, and have a treble voice; and the said pro¬
vincial council shall always continue, and sit upon its own adjourn¬
ments and committees.^
YII. That the governor and provincial council shall prepare and pro-
j)Ose to the general assembly, hereafter mentioned, all bills, which
they shall, at any time, think fit to be passed into laws, within the
said province; which bills shall be published and affixed to the most
noted places, in the inhabited parts thereof, thirty days before the
meeting of the general assembly, in order to the passing them into
laws, or rejecting of them, as the general assembly shall see meet.
Vill. That thegovernor and provincial council shall take care, that
all laws, statutes and ordinances, which shall at any time be made
wTthIn the said province, be duly and diligently executed.
IX. That the governor and provincial council shall, at all 'times,
have the care of tiie peace and safety of the province, and that nothing
• By the charter of 1-683, the time of the election is changed to the tenth day of
the fii-sl month [March] ; and as three pei-sotis were diesen for every county, it is
provided tliat the freemen snail meet on tlie aforesaid day of election, in every
county, and choose one person, being one-third of the niunber to serve ip provincial
council for three yeai'S, It being -intended that one-third of the whole pi^vincial
council, to consist of 18 persons falling off yearly, should be yearly supplied with
such yearly elections, and tliat one person shall not continue In longer than three
«years.
s-t By the charter of 1683, the last clause of tliis article is so altered as that m
matters of lesser moment, one third of the whole number shall make a quorum.
♦.By the chayter of J 683, the fqjiowlng appears to be substituted tor mis article,
viz. 'i'hat tlie governor or his deputy shall always preside in the provincial coun¬
cil, and that he shall at no time therein perform any public act of state whatsoever,
that shall or may relate unto the justice, trade, treasury or safety of tlie proymee
:md tiürvitories aforu^gld^ huf by and with the advice and consent of the provinci
*XJuncilthfi-eof
THE PttOPßlETAtlt FIUME
be by any person attempted to the subversion of this Çr^me .of gover^-
X. That the govcrnoir and provincial council siia!!,at all iiincs,^8ç.me
and order the situation of all cities, ports and niarket towns. iu*i very
county, modelling therein all public buildings, streets and market
places, and shall appoint alf.neccssary roads, and highways fp the
province.
XI. That the governor and provincial çmincil shall,
have power to inspect the nianageiiieiit of the public treasury, and pun -
ish those wiio shall convert any part thereof,to any other use, than
what hath been agreed upon by thie governor, provincial council and
general assembly. ^_ .
XII. 'lhat the governor and' provincial council, shall erect and or¬
der all public schools, andjncourage and reward the authors of uselul
sciences and Îaùdàble inventions in the said province.
XIII. That, for the bettér management of the powers and trust
aforesaid, the provincial council shall, from time to tinie, {livjile itself
into four distinct and proper committees, for the more easy admiuis:
tration of the affairs of the province, which div.ides the seventy-tw^inj
to fmir eigbteens, every one of which eighteen shall consist of^x out
«f each ot the three orders, or yearly elections, each of which shall have
à distinct portion of business, as followeth; First, a committee uf plan-"
tations, to situate and settle cities, ports and market towns, apd high¬
ways, and to hear and decide all suits and controversies relating .tSL
plantations.' ".Vecond/î/, A committee of justice and safety, to secure
thcpeaceof the province, and púnish the mal-administration of those
who subvert justice, to the prejudice of the public, or private interest.
Thirdly, A committee of trade and treasury, who shall regulate all
trade and commerce, according to law, encourage manufacture and
country growth, and defray the public charge of the province. And,
FouHhly, A committee of mariners, education apd arts, that all wickeü
and scandalous living may be prevented, and that youth may. ^e suc¬
cessively trained up in virtue and useful knowledge and arts: thij
quorum of each of which committees being* six, that is, two out of
of the three orders, or yearly elections, as aforesaid, make a cgnßi^nt
and standing council of twenty-fonr, which will have the power of the
provincial council, being the (piorum pf it,,in all cases not excepted in
the fifth article; and in th._^ snid cotrimittees, and standing council pf
the province, the governor, or his deputy, shall o*!- may preside, as
aforesaid; and in the absence of the governor^ or his depj^rty, if no one
is by either of them appointed, flip «aid committees or council shall
appoint a president for that time, and not otherwise; and what-shall be
resolved at such committees, shall be reported to the said council of
the province, ana sha[l be by them resolved and confinncd before the
same shall be put in éxecution; ánd tl»at thèse respective committees
Shall not Sit at one and the same time, except incases of necessity-*
viz' One'thn'crm.M"^lf appears to bç substituted for this artist
to time shall with th with the govcvuöf, fmin tim
relatinsr to the be gov ernor, have the care ot the managemeut ot" public affair
tories to the .1"® ti-easm-y and improvement of the province and terr
teabktûiM." ^ education ot youüi.atj^ Spbnety of tü^ maimer!» of
OF COVElîNMENT.
' XIVAmi, to^^he eiul tjiat ajl .l^ys prepared by the governor and
provincial council aforesaid, may yet iiave the more full concurrence
of theTrecmen of the province, it is declared, granted and confirmed,
that"**)^ the time and^ place or places, for the chpice of a provin¬
cial council, as aforesaid, the said Ireemen shall yearly choose mem¬
bers to serve in a general assembly, as their representatives, not ex¬
ceeding two hundred persons, vvlio shall yearly meet, on the twenti¬
eth day of the second niontli, which siiall be in the year one thousand
six hundred èighty and three following, in (he capital town, or city, of
the said province, where, during eight days, the several members may
freely confer'with one another; and if any of them see meet, with a
committee pf the provincial council (consisting of three out of each of
the four committees aforesaid, being twelve in all) which shall be, at
that time, purposely appointed to receive from any of them propo¬
sals, for the alterations or amendment of any of the said proposed and
promulgated bills: and on the ninth day from their so meeting, the said
general assembly, after reading over the proposed bills by the clerk of
the provincial council, and the occasions and motives for them being
opened by the governor or his deputy, shall give their affirmative or
negative, which to them seemeth best, in such manner as herein after
fls expressed. But not less than two-thirds shall make a çuprwm in
passing of laws, and choice of such ofiicers as are by them to be
chosen.* ^
XV. That the laws so prepared and proposed, as aforesaid, that are
assented to by the general assembly, shall be etiroíled as laws, of the
prövince, with this stile: By the governor, with the assent and apprO'
bution of the freemen in provincial council and general assembly.
X\''I. That for the establishment of the government and laws of this
province, and to tiie end there may be an universal satisfaction in the
-laying of the fundamentals thereof; the general assembly shall, or may
for the first year, consist of all the freemen of an,dip the said province^
and ever after it shall be yearly cliosep, gs aforesaid; which number of
two hundred shall be enlarged as the country shall increase in . people,
solis it do not exceed five hundred, at any lime; tfie appointment and
proportioning of which; as also the laying and ,inethodi-/.ing of the
choice of the provincial council and general assembly, in future times,
most equally to the divisions of the hundreds and counties, vyhich the
country shall hereafter be divjded into, shall be in the power of the
provincial council to propose, and the general assembly to resolve.f
• By the clmrter of 168,1, tliat part of tliis article wliich relates to the election
^epre'seutatives, reads t^ius : 'J'lie freemen, of each county are to cJioose aiinualljf,
at the time and place of ghgosing cgunclllors; six persons ot most note for virtue,
wisdom and ability to serve iu assembly, as their represcntatii es, m ho shall yearl;»
meet bit the 10th day of tlie tliird monüi, [»lay,] in tjie capital town or city of the
said province, unlesQ the governor and provincial council shall think fit to appoint
another place to meet in, where during eight days, &c.
By Governor Markham's charter of 1696, tlie general assembly is to consist of
lour persons out of each county.
trHy tlie cliarter of 1683, tlie. following is substituted f<|r the 16th ai-tele,.vt^
And tmt'the i.epresentalives of tlie jieople m provincial council and assembly, n^y,
la after ages, beai- some proportion witli tlic increase and nudtiplymg or the peo¬
ple, the number of such representatives of tlie people may be from time to ime
incresKd and enlarged, so as at no tima^he number exceed seventy-two
provincial council, and two hundred for Ute assembly; the appomtmeut ;ui p P
THE PaOPRIETAßY FEAME
XVII. That the governor and the proyÍ5,ciaIcouncil:s|baH erect, from
time to time, standing courts of justice, in such places and number as
they shall judge'convèhieht for*" the good govermnênt of the saia
province. And that the provincial council shall, on the thirteenth clay
of the first month, yearly, elect and present to the GoVeftior, or hi#
deputy, a double number of persons to serve for judges, freashrers,
riiasters of rolls, within the said province, for theyear next ensuing; and
the freemen of the said province, in the county courts, when they shall
be erected, and till then, in the general assembly, shall, on the three
and twentieth day of the second month, yearly, elect and présent to
the governor, or his deputy, a double number of persons, to serve^ tor
sheriffs, justices of the peace, and coroners, for the year next ensuing;
out of which respective elections and presentments, the governor or his
deputy shall nominate and commissionate the proper number for each
office, the third day after the said presentments, or else the first nam¬
ed in such presentment, for each office, shall stand and serve for that
office the year ensuing.*
■■ XVIIir But forasmuch as the present condition of the province re¬
quires some immediate settlement, and admits not of so quick a revo¬
lution of officers; and to the end the said province may, with all con¬
venient speed, be well ordered and settled, I William Penn, dof
therefore think fit to nominate and appoint such ""persons forjudges,
treasurers, masters of the roils, sheriffs, justices of the peace, and coro¬
ners, as are most fitly qualified for those employments; to whom I
shall make and grant commissions for the said offices, respectively, to
hold to them, to whom the same shall be granted, for so long time as
every such person shall well behave himself in the office, or place to
him respectively granted, and no longer. And upon the decease or
displacing of any of the said officers, the succeeding officer or officers
shall be chosen as aforesaid.t
XIX. That the general assembly shall continue so long as may be
needful to impeach criminals, fit to be there impeached, to pass bills
into laws, that they shall'think 'fit to pask into laws, and till such
time as the governor and provincial council shall declare that they
have nothing further to propose unto them, for their assent and ap¬
probation; and that declaration shall be a dismiss to the general, as¬
sembly for that time; which general assembly shall be, notwithstand¬
ing, capable of assembling together upopit^e summons of the ntovin-
cia| council, at any time during that year, if the said provincial coun¬
cil shall sep occasion for their so assembling.^
XX. That all thé elections of members," or ' repres'entaitivei of the
people, to serve in provincial council and general assembly, and ,all
lion of whichi number, as also the laying and methodizing of the choice of fuch
.^representatives in future time, most equally to tlie division Qfthe country orpum-
lier of jJie inhabitants, is left to the governoiTaiïd provineiaf council to^pro^scL
and the assembly to resolve, ^ tliat the ,qjder of proportion be strictly observed,
V. f choice of the council and the respective committees thereof, viz. one-
third to go ofi and come in yearly.
L 1charter of 1683, the judges, treasurers and masterslof roUn, instead of
nolüingtlieir respective oilices for one year, are to hold them so long as they ah»!!
Vielllichave themselves in tliose capacities.
article is omitted in the chai-t^of 1683,
latter ckusé ofthis article, iiStcad of die provincWcouncll, the charter
I looj requires the sununonstit the goytjuor and provhicjarcOwicil.
or government.
»5
questions to be determined by both, or either of tiiem, that ffelate to
passing of bills into laws, to the choice of officers, to impeachments by
llie general assembly, and judgment of criminals upon such impeach¬
ments by the provincial council, and to all other cases by them re¬
spectively judged of importance, shall be resolved and determined by
the ballot; and unless on sudden and indispensible occasions, no bu¬
sinessin provincial council, or its respective committees, shall be final¬
ly determined the same day that it is moved
XXI. That, at all times, when, and so often as it shall happen that
the governor shall, or may, be an infant, under the age of one and
tweni^ years, and no guardians, or commissioners, are appointed, in
writing, by the father of the said infant, or that sucti guardians m:
commissioners, shall be deceased; that during such minority, the pro¬
vincial council shall, from time to time, as they shall see meet, consti¬
tute and appoint guardians, or commissioners, not exceeding three; one
of which three shall preside as deputy, and chief guardian, durin-^
such minority, and shall have and execute, with the consent of the
other two, all the power of a governor, in all the public affairs and
concerns of the said province.
XXII. That, as often as any day of the month, mentioned in any ar¬
ticle of this charter, shall fall upon the first day of the week, common¬
ly called the Lordh Day, the business appointed for that day, shall
be deferred till the next day, unless in case of emergency.
XXIII. That no act, law, or ordinance whatsoever, shall at any time
hereafter, be made or done by the governor of this province, his heirs
or assigns, or by the freemen in the provincial council, or the general
assembly, to alter, change, or diminish the form or effect, of this
charter, or any part, or clause thereof, or contrary to the true intent
and meaning thereof, without the consent of the governor, his heirs, or
assigns, and six parts of seven of the said freemen in provincial coun¬
cil and general assembly.
XXIV. And lastly, that I, the said TFilUam Penn, for myself, my
heirs and assigns, have solemnly declared, granted and confirmed,
and do hereby solemnly declare, grant and confirm, that neither I, my
heirs nor assigns, shall procure or do any thing or things, whereby the
liberties, in this charter contained and expressed, shall be infringed
or broken; and if any thing be procured by any person or persons con¬
trary to these premises, it shall be held of no force or effect. In wit¬
ness whereof, I, the said William Penn, have unto this present charter
of liberties set my hand and broad seal, this five and twentieth day of
the second month, vulgarly called April, in the year of our Lord
one thousand six hundred aiid eighty two. „ , ,, T,r-x-xT
WILLIAM penn.
The charier of 1683 conUiins the following new provisions. ...»
And foi,the satisfaction and encouragement of all aliens, I do give and grant, ttat
if any alien who is or shaU be a purchaser, or wiio doth or shall inhabit m t^
province or territories thereof, shall decease at any time before he can well be natu-
• Hy the charter of 1683, the words "And unless on sudden
occasions, no business in pi-ovincial council, or thriollowing
finally determined tlie same day tJiat it is moved," ai-e omitted,
3 huS «And all tilings .-elating to the preparing and passing ot bills ,nto
Um shall be openly declwed tmd resolved hy theyotç.
A
26
LAWS AGREED UPON
i-alkeil, his ridil and interest therein shall notwithstanding descend to his wife and
children, or other his relations, be he testate or intestate, according to the laws «
tliis province and territories thereof, in such cases provided in as tree and ample a
manner, to all intents and purposes, as if the said alien had been natiu-alized.
And that tlie inhabitants of this province and territories thereof mav be ac^mmo-
dated with such food and sustenance as God, in his providence, hath fi-eety aHorded,
I do also further grant to the inhabitants of Üiis province and territories tliereot,
liberty to fowl and hunt upon the lands they liold, and all other lands therein not
enclosed ; and to fish in all waters in the said lands, and in all rivers and rivulet»
in and belonging to this province and temtories thereof. With liberty to draw his
oy their fish on shore, on any man's lands, so as it be not to the detriment or anno} -
aiiceof the owner thereof, except such lands as do lie upon inland rivulets that arc
not boatable, or wliich are or may be liereafter ei-ected into manors.
And that all the inhabitants of this province and territories thereof^ whether pur-
chasers or others, may have tlie last worldly pledge of my good and kind inten¬
tions to tliem and theirs, 1 do give, grant and confirm to all and every one of them
full and quiet possession of tlieir respective lands, to which they have any lawful
or equitable claim, saving only such rents and services for the same as are or cus-
tomai-ily ought to be reserved to me, my heirs or assigns.
The following provisions are contained in Governbr Markham'a
charter of 1696.
No person shall be an elector, or be capable of being elected, unless they be free
denizens, are of the age of 21 years, and have 50 acres of land, ten whereof being
seated or cleared ; or be otherwise worth fifty pounds clear estate, and have been
resident within this government two years next before such election.
All persons, who, for conscience sake, cannot take dn oath, are permitted to make
tlieir solemn affirmation, attest or declaration.
All elections of representatives shall be free and voluntary. The electors who
receive any reward or gift for giving a vote, shall forfeit their right to elect for
that year ; and such persons as shall give Or promise any such reward to be elected,
or that shall öfter to serve for nothing, or for less wages than the law prescribes,
shall be rendered incapable to serve in Council or Assembly for that year. And '
the representatives so chosen in Council or Assembly shall yield their attendance
accordingly, and be the sole judges of tlie regularity or irregularity of the elections
of their respective members ; And in-case of the dcafli, absence or inability of any
of the members so elected, the Governor, witliin ten days after knowledge Df the
came, shall issue his vvi it to tlie sheriff of the proper count}-, for holding an electiofi
to fill the vacancy.
The daily pay of Councillors and speaker of Assembly is fixed at five shillings,
and of members of Assembly at four Shilluigs, during their attendance, and two
pence for each mile going to and returning from the place wliere the Assembly
shall be held, which sums shall be paid out of the county levies, by vhe county re¬
ceivers respectively. " '
All elections ot representatives for Council and Assembly, and all questions to be
determined by them, shall be by tlie major part of votes. '
111.
LAWS AGREED UPON IN ENGLAND.
charter of Hberttes declared, granted and confirmed, tl
•fiye-and-twcntieth day of the second month, called April, 1682 befoi
divers witnesses, by William Penn, Governor and chief proprieti
is heiX^ dSre'l 1 planters of the said provine
IS heieby declared and approved, and shall be forever held for fund
2. Tliat every inhabitant in the said province that is or shall ha
,«chaser of oao hundred „ere, of land îr up waÄ S «dl:
IN ENGLAND.
signs, and every person who shall have paid his passage, and taken
up one hundred acres of land, at one penny an acre, and have culti¬
vated ten acres thereof, and ever^ person that hath been a servant or
bondsman, and is free by his service, that shall have taken up his fifty
acres of land, and cultivated twenty thereof, and every inhabitant, ar¬
tificer, or other resident in the said province, that pays scot and lot to
the government, shall be deemed and accounted a freeman of the said
province, and every such person shall and maybe capable of electing,
or being elected, representatives of the people in Provincial Council,
or General Assembly, in the said province.
3. That all elections of members or representatives of the people
and freemen of the province of Pennsylvania, to serve in Provincial
Council, or General Assembly, to be held within the said province,
shall be free and voluntary, and tlrat the elector that shall receive any
reward or gift, in meat, drink, monies, or otherwise, shall forfeit his
light to elect; and such person as shall, directly or indirectly, give,
promise or bestow any such reward as aforesaid, to be elected, shall
forfeit his election, and be thereby incapable to serve as aforesaid.
And the Provincial Council, and General Assembly, shall be the sole
'judges of the regularity or irregularity of the elections of their own
respective members.
4. That no money or goods shall be raised upon or paid by any of
the people of this province, by way of public tax, custom or contri¬
bution, but by a law for that purpose made, and whosoever shall levy,
collect or pay any money or goods contrary thereunto, shall be held a
public enemy to the province, and a betrayer of the liberties of the
people thereof.
5. That all courts shall be open, and justice shall neither be sojd,
denied, nor delayed.
6. That in all courts all persons of all persuasions may freely appear
in their own way, and according to their own manner; and there per-
aonally plead their own cause themselves, or, if unable, by their friend :
And tne first process shall be the exhibition of the complaint in court,
fourteen days before the trial ; and that the party complained against
may befitted for the same, he or she shall be summoned no less than
ten days before, and a copy of the complaint delivered him or her, at
his or her dwelling house. But before the complaint of any person be
received, he shall solemnly declare in court. That he believes in his
conscience his cause is just.
7. That all pleadings, processes and records in courts, shall be
short and in English, and in an ordinary and plain character, that they
maybe understood, and justice speedily administered.
8. That all trials shall be by twelve men, and as near as may be,
peers ox equals, and of the neighborhood, and men without just ex¬
ception. In cases of life there shall be first twenty-four returned by
the sheriffs for a grand inquest, of whom twelve at least shall find the
complaint to be true; and then the twelve men, or peers, to be like¬
wise returned by the Sheriff, shall have the final judgment. But rea¬
sonable challenges shall be always admitted agftinst the said twelve
men, or any of them.
9. That all fées in all cases shall be nioderate, and settled by the
Provincial Council and General Assembly, and be hung up in a table
In evcfy respective court ; and whosoever shall be convicted of taking
@8
LAWS AGREED UPON
more, shäll pay two-fold, and be dismissed his employment, one moiety
ofwhich shall go to the party wronged.
10. That all prisons shall be work-houses for felons, vagrants, and
loose and idle persons} whereof one shall be in every county.
11.. That all prisoners shall be bailable by sufficient sureties, unless
for capital ofleiices, where the proof is evident, or the presumption
great.
12. That all persons wrongfully imprisoned or prosecuted at law
shall have double damages against the informer or prosecutor.
13. That all prisons shall be-free, as to fees, food and lodging.
14. That all lands and goods shall be liable to pay debts, ex¬
cept where there is legal issue, and then all the goods, and one-third
of the land only.
15. That all wills in writing, attested by two witnesses, shall be of
the same torce as to lands, as other conveyances, being legally proved
within forty days, either within or without the said province.
16. That seven years quiet possession shall give an unquestionable
right, except in cases of infants, lunatics, married women, or persons
beyond the seas.
17. That all briberies and extortions whatsoever shall be severely
punished.
18. That all fines shall be moderate, and saving men's contene-
inents, merchandise or wainage.
19. That all marriages, (not forbidden by the law of God, as to
nearness of blood and affinity by marriage,) shall be encouraged ; but
the parents or guardians shall be first consulted, and the marriage shall
be published before it be solemnized, and it shall be solemnized by
taking one another as husband and wife, before credible witnesses,
and a certificate of the whole, under the hands of the parties and wit¬
nesses, shall be brought to the proper register of that county, and shall
be registered in his office.
20. And, to prevent frauds and vexatious suits within the said prov¬
ince, That all charters, gifts, grants and conveyances of land, (except
leases for a year, or under) and all bills, bonds and specialties, above
five pounds, and not under three pounds, made in the said province,
shall be enrolled or registered in the public Enrolment-office of the
said province, within the space of two months next after the making
thereof, else to be void in law. And all deeds, grants and convey¬
ances of land (except as aforesaid) within the said province, and made
out of the said province, shall be enrolled and registered as aforesaid
within six months next after the making thereof, and settling and con¬
stituting an Enrolment-office or Registry within the said province, else
tobe voidSn law against all persons whatsoever. "*
21. That all defacers or corrupters of charters, gifts, grants, bonds,
bills, wills, contracts and conveyances, or that shall deface or falsify
any enrolment, registry or record, within this province, shall make
double satisfaction, for the same, half whereof shall go to the party
wronged ; ^ and they shall be dismissed of all .places of trust, and be
publicly disgraced as false men.
• there shall be a register for births, marriages, bu¬
rials, wills, and letters of admiuistration, distinct from the other
registry.
23. lhat there shall be a register for all servants, where their
pames, time, wagfs and days of payment shall be registered.
IN ENGLAND,
24. That all lands and goods of felons shall be liable to make satis¬
faction to the party wronged twice the value ; and for want of iMids or
goods, the felons shall be bond-men, to work in the common prison nar
work-house, or otherwise, till the party injured be satisfied.
25. That the estates of capital offenders, as traitors and murderers,
shall go, one-third to the next of kin to the sufferer, and the remainder
to the next of kin to the criminal.
26. That all witnesses, coming or called to testify their knowledge in
or to any matter or ihing in any court, or before any lawful authority with-
in the said province, shall there give or deliver in their evidence or testi¬
mony, by solemnly promising to speak the truth, the whole truth, and
nothing but the truth, to the matter or thing in question. And in case
any person so called to evidence, shall be convicted of wilful false¬
hood, such person shall suffer and undergo such damage or penalty, as
the person or persons against whom he or she bore false witness did
or should undergo; and shall also make satisfaction to the party wrong¬
ed, and be publicly exposed as a false witness, never tu be credited in
any court or before any magistrate, in the said province.
27. And to the end that all officers chosen to serve within this prov¬
ince may with more care and diligence answer the trust reposed in
tliera, it is agreed. That no such person shall enjoy more than one pub¬
lic office atone time.
28. That all children within this province, of the age of twelve
years, shall be taught some useful trade or skill, to the end none may
be idle, but the poor may work to live, and the rich, if they become
poor, may not rrant.
29. That servants be not kept longer than their time, and suchas
are careful be both justly and kindly used in their service, and put in
fitting équipage attire expiration thereof, according to custom.
30. That all scandalous and malicious reporters, backbiters, defa-
mers, and spreaders of false news, whether against magistrates or pri¬
vate persons, shall be accordingly severely punished, as enemies to the
peace ami concord of this province.
51. That for the encouragement of the planters and traders in this
province, who are incorporated into a society, the patent granted to
them by William Penn, Governor of the said province; is hereby rati¬
fied anil confirmed,
32.
33. That all factors or correspondents in the said province, wrong¬
ing tlieir employers, shall make satisfaction, and one-third over, to
their said employers : And in case of the death of any such factor or
correspondent, the committee of trade shall take care to secure so
much of the deceased party's estate, as belongs to his said respective
employers. ,
34. That all Treasurers, Judges, Masters of ti.e Rolls, Sheriffs, Jus¬
tices of the peace, and other officers and persons whatsoever relating to
courts or trials ofcaUses, or any otlier service in the government; and
all members elected to serve in Provincial Council and General As¬
sembly, and all that have right to elect such members, shall be such as
profess faith in Jesus Christ, and that are not convicted of ill fame, or
unsober and dishonest conversation, and that are of one and twenty
years of age at least; and that all sucli,^ so qualified, shall be capable
of the said several einpioynients and privileges as aforesaid.
30
LAWS AGREEÖ UPON ^C.
35. That all persons living in this province, who confess and ac¬
knowledge the one Almighty and eternal God to be the creator, up¬
holder and ruler of the world, and that hold themselves obliged in con¬
science to live peaceably and justly in civil society, shall in no ways
be molested or prejudiced for their religious persuasion or practice in
matters of faith and worship, nor shall they be compelled at any time
to frequent or maintain anj religious worship-place or ministry what¬
ever.
36. That, according to the good example of the primitive Christians,
and for the ease of the creation, every first day of the week called the
Lord's Day, people shall abstain from their common daily labour, that
they may the better dispose themselves to worship God, according to
their understandings.
57. That as careless and corrupt administration of justice draws
the wrath of God upon magistrates, so the wildness and looseness of
the people provoke the indignation of God against a country : There¬
fore, that all such offences against God, as swearing, cursing, lying,
profane talking, drunkenness, drinking of healths, obscene words, in¬
cest, sodomy, rapes, whoredom, fornication and other uncleanness, not
tobe repeated; ail treasons, misprisions, murders,duels, felonies, se¬
ditions, maims, forcible entries, and other violences to the persons and
estates of the inhabitants within this province; all prizes, stage plays,
cards, dice, may-games, masques, revels, bull-baitings, cock^fight-
ings, bear-baitings, and the like, which excite the people to rudeness,
cruelty, looseness and irreligion, shall be respectively discouraged, and
severely punished, according to the appointment of the Governor and
freemen in Provincial Council and General Assembly, as also all pro¬
ceedings contrary to these laws that are not here made expressly
penal.
38. That a copy of these laws sha,ll be hung up in the Provincial
Council, and in public courts of justice, and that they shall be read
yearly, at the opening of every Provincial Council and General As¬
sembly, and courts of justice, and their assent shall be testified by their
standing up after the reading thereof.
39. Thar there shall be at no time any alteration of any of these
laws, without the consent of the Governor, his heirs or assigns, and
six parts of seven of the Ireemen, met in Provincial Council and Gen¬
eral Assembly.
40. That all other matters and things not herein provided for, which
shall and may concern the public justice, peace or safety of the said
province, and the raising and imposing taxes, customs, duties, or other
charges whatsoever, shall be and are hereby referred to the order, pru¬
dence and determination of the Governor and freeman in Provincial
Council and General Assembly, to be held from time to time in the
said province.
sealed by the Governor and freemen aforesaid, the
filth day of the third month, called May, one thousand six hua»
ored and eighty-two.
CHARTER OP PRIVILEGES
31
Çj\\a\)ter lY.
T}it CUJIRTER of PRIVILEGES granted by William Penti, Esq.
to the inhabitants of Pennsylvania and territories.
WILLIAM PENN, Proprietary and Governor of the province of
Pennsylvania and territories therunto belonging, to ail to whom these
presents shall come, sendeth greeting—Whereas King Charles the
second, by his letters patents, under the great seal of England, bearing
date the fourth day of March, in the year one thousand six hundred
and eighty, was graciously pleased to give and grant unto me, my
heirs and assigns, for ever, this province of Pennsylvania, with divers
great powers and jurisdictions for the well government thereof.
And whereas the King's dearest brother, James Duke of York and
Albany, &c. bjr his deeds of feoftinent, under his hand and seal duly
perfected, bearing date the twenty-fourth day of August, one thousand
six hundred eighty and two, did grant unto me, my heirs and assigns,
all that tract of land, now called the territories of Pennsylvania, to¬
gether with powers and jurisdictions for the good government thereof.
And whereas, for the encouragement of aíl the freemen and plant¬
ers that might be concerned in the said province and territories, and
for the good government thereof, I, the said William Penn, in the year
one thousand six hundred eighty and three, for me, my heirs and as¬
signs, did grant and confirm unto all the freemen, planters and adven¬
turers therein, divers liberties, franchises and properties, as by the
said grant, entituled. The frame of the government of the province of
Pennsylvania, and territories thereunto belonging in America, may ap¬
pear ; which charter or frame being found, in some parts of it, not so
suitable to the present circumstances of the inhabitants, was, in the
third month, in the year one thousand seven hundred, delivered up to
ine, by six parts of seven of the freehnen of this province and territo¬
ries in General Assembly met, provision being made in the said char¬
ter for that end and purpose:
And whereas I was then pleased to promise, that I would restore
tlie said charter to them again, with necessary alterations, or, in lieu
thereof, give them anotl>er, better adapted to answer the present cir¬
cumstances and conditions of the said inhabitants; which the^ have
•now, by their Representatives in General Assembly met at Philadel¬
phia, requested nve to grant.
KNOW ye therefore, that for the further well being and good gov¬
ernment of the said province and territories, and in pursuance of
ihe rights and powers before mentioned, I, the said William Penn, do
declare, grant and confirm, unto alLthe freemen, planters and adven¬
turers, and other inhabitants in this province and territories, these
following liberties, franchises and privileges, so far as in me lieth, to
be held, eiyoyed and kept, by the freemen, planters and adventurers,
and other inhabitants of and in the said province and territories there¬
unto annexed, forever.
First. Because no people can be trul)f happy, though \inder the
greatest enjoyment of civil liberties, if abridged ot the Ireedom of their
consciences, as to their religious profession and worship : And Al¬
mighty God being the only Lord of conscience, father ot lights ano
33
CHARTER OF PRIVILEGES.
spirits, and the author as well as object of all divine knowledge, faith
and worship, who only doth enlighten the mind, and persuade and
convince the understandings of people, I do herebj^ grant and declare,
that no person or persons, inhabiting in this, province or territories,
who shall confess and acknowledge one Almighty God, the creator,
upholder and ruler of the world, and profess him or themselves obli¬
ged to live quietly under the civil government, shall be in any case
molested or prejudiced in his or their person or estate, because of bis
or their conscientious persuasion or practice, nor be compelled to fre¬
quent or maintain any religious worship-place, or ministry, contrary
to his or their mind, orto do or suffer any other act or thing, contrary
to their religious persuasion.
And that all persoas who also profess to believe in Jesus Christ, thé
Saviour of the world, shall be capable (notwithstanding their other per¬
suasions and practices in point of conscience and religion) to serve this
government in any capacity, both legislatively and executively, he or
they solemnly promising, when lawfully required, allegiance to the
king as sovereign, and fidelity to the proprietary and governor, and ta¬
king the attests, as now established by the law made at New-Castle,
in the year one thousand seven hundred, entituled An Act directing
the attests of several officers and ministers, as now amended and con¬
firmed this present assembly.
Secondly. For the well governing of this province and territories,
there shall be an Assembly yearly chosen, by the freemen thereof, to
consist of four persons out of each county, of most note for virtue, wis¬
dom and ability, (or of a greater number at any time, as the Governor
and Assembly shall agree,) upon the first day of October for ever; and
shall sit on the fourteenth day of the same month, in Philadelphia,
unless the Governor and council for the time being shall see cause to
appoint another place within the said province or territories; which
Assembly shall have power to choose a speaker and other their officers ;
and shall be judges of the qualifications and elections oí their own
members ; sit upon their own adjournments ; appoint committees ; pre¬
pare bills in order to pass into laws; impeach criminals, and redress
grievances; and shall have all other powers and privileges of an Assem¬
bly, according to the rights of the free-born subjects of England, and
as is usual in any of the King's plantations in America.
And if any county or counties shall refuse or neglect to choose their
respective representatives as aforesaid, or, if chosen, do not meet to
serve in Assembly, those who are so chosen and met shall have the full
power of the Assembly, in as ample a manner as if all the represent¬
atives had been chosen and met, provided they are not less than two
thiids of the whole number that ought to meet.
And that the qualifications of electors and elected, and all other
matters and things relating to elections of representatives to serve in
Assemblies, though not herein particularly expressed, shall be and re¬
main as by a law of this government, made at New-Castle in the year
one thousand seven hundred, entituled An Act to ascertain the num¬
ber of members of Assembly, and to regulate the elections.
Thirdly. That the freemen in each respective county, at the time
and place of meeting for electing their representatives to serve in As¬
sembly, may, as often as there shall be occasion, choose a double num¬
ber of persons to present to the (jovernor for sheriffs and coroners, to
CHARTER OF FRIVILEGES.
33
serve for three years, if they so long behave themselves well; out of
which respective elections and presentments, the Governor shall nom*
inate and commissionate one for each of the said olficcs, the third day
after such presentment, or else the first named in such presentment,
for each office as' aforesaid, shall stand and serve in that office for thé
time before respectively limited ; and in case of death or defaults, such
vacancies shall be supplied by the Governor, to serve to the end of the»
said term.
Provided always. That if the said freemen shall at any time neglect-
or decline to choose a person or persons for either or both the aforesaid,
offices, then, and in such case, the persons that are or shall be in the
respective offices of sheriff or coroner, at the time of election, shall re¬
main therein, until they shall be removed by another election as.
aforesaid.
And that the justices of the respective counties shall or may nomi¬
nate and present to the Governor three persons, to serve for clerk of
the peace for the said county, when there is a vacancy, one of which,
the Governor shall commissionate within ten days after such present¬
ment, or else the first nominated shall serve in the said office durin»-
good behaviour. "
Fourthly. That the laws of this government shall be in this style>
viz. By the Governor, with the consent and approbation of the free¬
men in General Assembly met; and shall be, after confirmation by the
Governor, forthwith recorded in the rolls-office, and kept at Philadel¬
phia, unless the Governor and Assembly shall agree to appoint another
place.
Fißhly. That all criminals shall have the same privileges of wit¬
nesses and counsel as their prosecutors.
Sixthly. That no person or persons shall or may, at any time here¬
after, be obliged to answer any complaint, matter or thing whatsoever,
relating to property, before the Governor and Council, or in any other
place but in the ordinary courts of justice, unless appeals thereunto
shall be hereafter by law appointed.
Seventhly. That no person within the government shall be licensed
by the Governor to keep an ordinary, tavern or house of public enter¬
tainment, but such who are first recommended to him, under the hands
of the justices of the respective counties signed in open court ;
which justices are and shall be hereby empowered to suppress
and forbid any person keeping such public house as aforesaid, upon
their misbehaviour, on such penalties as the law doth or shall di¬
rect ; and to recomnxend others from time to time, as they shall sea
occasion.
Eighthly. If any person, through temptation or melancholy, shall
destroy himself, his estate, real and personal, shall notwithstanding
descend to his wife and children, or relations, as if he had died a na¬
tural death ; and if any person shall be destroyed or killed by casualty
or accident, there ehall be no forfeiture to the Governor by reason
thereof. • u r
And no act, law or ordinance whatsoever, shall at any time hereaf¬
ter be made or done,to alter, change or diminish the form or effect of
this charter, or of any part or clause therein, contrary to the true intent
and meaning thereof, without the consent ofthe Governor fpr the time
being, aad six parts of seven of the Assembly met.
ah
charter or privileges.
But because the happiness of mankind depends so much upôn the
enjoying of liberty of their consciences as aforesaid, I do hereby sol¬
emnly declare, promise and grant, for me, my heirs and assigns, that
the first article ofahis charter, relating to liberty of conscience, and
evea-y part and clause therein, according to the true intent and mean¬
ing thereof, shall be kept and remain, without any alterations inviola-
biy forever.
And lastly, I, the said William Penn, Proprietary and Governor of
the province of Pennsylvania, and territories thereunto belonging, for
myself, my heirs and assigns, have solemnly declared, granted and
confirmed, and do hereby solemnly declare, grant and confirm, that
neither I, my heirs or assigns, shall procure or do any thing or things,
whereby the liberties in. this charter contained and expressed, nor any
part thereof, shall be infringed or broken : And if any thing shall be
procured or done by any person or persons, contrary to these presents,
it shall be held of no force or efiect.
In witness whereof, I, the said William Penn, at Philadelphia, in
Pennsylvania, have unto this present charter of liberties set my hand
and broad seal, this twenty-eighth day of October, in the year of our
Lord one thousand seven hundred and one, being the thirteenth
year of the reign of king William the third over England, Scot¬
land, France and Ireland, &c, and in the twenty-first year of my gov¬
ernment.
And notwithstanding the closure and test of this present charter as
afo'resaid, I think fit to add this following proviso thereunto, as part of
the same, that is to say: That notwithstanding any clause or clauses in
the above mentioned charter, obliging the province and territories to
join together in legislation, I am content, and do hereby declare, that
if the representatives of the province and territories shall not hereafter
agree to join together in legislation, and that the same shall be signified to
me, or my deputy, in open assembly, or otherwise from under the hands
and seals of the representatives, for the time being, of the province or
territories, or the major part of either of them, any time within three
years from the date hereof, that in such case the inhabitants of each of
the three counties of this province shall not have less than eight per¬
sons to represent them in assembly for the province: and the inhabit¬
ants of the town of Philadelphia (when the said town is incorporated)
two persons to represent them in assembly ; and the inhabitants of each
county in the territories shall have as many persons to represent them
in distinct assembly for the territories, as shall be requested by them
as aforesaid.
Notwithstanding which separation of the province and territories,
in respect of legislation, I do hereby promise, grant and declare. That
the inhabitants of botli the province and territories shall separately
enjoy all other liberties, privileges and benefits, gntnted jointly te
them in this charter, any law, usage or custom of this government
heretofore made and practised, or any law made and passed by this
general assembly, to the contrary hereof notwithstanding.
WILLIAM PENN.
This Chuter of Privileges being distinctly read in Assembly,
and the whole and every part thereof being approved of and
^reed to by us, we do tíiankfuUy receive the same from our
Proprietary and Governor, at Philadelphia, this twenty-eightb
FROVINCIAL CONFERENCE.
35
day of October, one thousand seven hundred and one.
on behalf and by order of the Assembly, per
JOSEPH GROWDEN, Speaker.
Edward Shippen,
Phineás Femberton,
Samuel Carpenter,
Griffith Owen,
Caleb Pusey,
Thomas Story,
Recorded in the Roll^s-office in Phila¬
delphia, in Patent Book Ji, vol. II,
page 125 to 129, the 31 si of the
eighth month, 1701, by me,
THOMAS STORY, Master idem
Signed,
^Proprietary and Goven^or's
Council.
PART II.
Cliaçtci: 1.
PROVINCIAL CONFERENCE.
Proceedings of the Provinoial Conference of committees of the Province
of Pennsylvania, held at CarpentePs Hall, in Philadelphia, began
June \ Sth, and continued by adjournments to June Zsth, 1776.
TUSE DBF, June 18, 1776.
This day a number of gentlemen met at Carpenter's Hall, in Phila¬
delphia, being deputed by the committees of several of the counties of
this province, to join in provincial conference, in consequence of a cir¬
cular letter from the committee of the city and liberties of Philadel¬
phia, inclosing the resolution of the continental congress of the 15th of
May last.
Col. M'ICean, as chairman of the city committee, declared the mo¬
tives which had induced that committee to propose the holding of the
present conference, and then laid on the table, a certificate of deputies
appointed to attend on the part of said committee.
Returns were also given in, from the counties of Philadelphia, Bucks,
Chester, Lancaster, Berks, Northampton, York, Cumberland, Bedford
and Westmoreland, by the deputies of said counties, by which it ap¬
peared the following gentlemen were appointed, viz.§
For the committee of the dty of Philadelphia.
*Dr. Benjamin Franklin, Mr. William Lowman,
Col. Thomas M'Kean, Dr. Benjamin Rush,
Mr. Christopher Marshal, sen. Mr. Christopher Ludwig»
Major John Bayard, Mr. Jacob Shriner,
Col. Timothy Matlack, Cap. Sharp Delaney,
Col. Joseph Deau, Major John Cox,
Cap. Francis Gurney, Cap. Benjamin Loxley,
Major William Coates, Cap. Samuel Brewster,
Mr. George Schlosser, Cap. Joseph Biewer,
Cap. George Gbódlwin, Mr. William Robinson.
Mr. Jacob Bairge; Cap. Jonathan B. Smith»
Mr. Samuel C. Morris» James MUligen.
Cap. Joseph Moulder,
36'
jPHOVlNCIAl. CONFERENqE.
For the committee of Philadelphia county.
Col. ilenry Hill, »Major James Potts,
Col. Robert Lewis, Major Robert Loller,
Dr. Enoch Edwards, . Mr. Joseph Mather,
«Col. William Hamilton, Mr. Matthew Brooks,
Col. John Bull, '^Mr. Edward Bartholomew
Col. Frederick Antis,
lor the committee of Bucks county.
John Kidd, Esq. Col. Joseph Hart,
Maj. Henry Wynkoop, Mr. Benjamin Segle.
Mr. James Wallace,
For the committee of Chester county.
Col. Richard Thomas, Col. Hugh Loyd,
Maj. William Evans. Richard Reiley, Esq.
Col. Thomas Hockley, Col. Evan Evans,
Major^Caleb Davis, Col. Lewis Grono,
Elisha Price, Esq. Major Sketchley Morton,
Mr. Samuel Fairlamb, Cap. Thomas Levis.
Col. William Montgomery,
For the committee of Lancaster county.
William Atlee, Esq. Mr. William Brown,
Mr.iLodowick Lowman, Mr. John Smiley,
Col. Bartram Galbraith, Major James Cunningham,
Col. Alexander Lowrey, Major David Jenkins.
Cap. Andrew Graaf,
For the committee of Berks county.
Col. Jacob Morgan, Col. Daniel Hunter,
Col. Henry Haller, Col. Valentine Eakerd,
Col. Mark Bird, Col. Nicholas Lutz,
Dr. Bodo Otto, Cap. Joseph Hiester,
Mr. Benjamin Spiker, Mr. Charles Shoemaker.
For the committee of JK'orthampton county.
Robert Levers, Esq. Nichotas Depue, Esq.
Col. Neigal Gray, Mr. David Deshler,
John Weitzel, Esq. Mr. Benjamin Dupue.
For the committee of Fork county.
Col. James Smith, . Col. Henry Slagle,
Col. Robert M'Pherson, Mr. James Egar,
Col. Richard M'Alister, «Mr. John Hay,
Col. David Kennedy, Cap. Joseph Read.
Col. William Rankin,
For the committee of Cumberland county.
Mr. James M'Lane, Dr. John Colhoon,
*Col. John Allison, Mr. John Creigh,
John M'Clay, Esq. Mr. Hugh M'Cormick,
William Elliot, Esq. Mr. John Harris,
Col. William Clark, Mr. Hugh Alexander.
For the committee of Bedfdrd county.
Col. David Espy, Samuel Davidson, Esq.
Col. John Piper,
For the committee of Westmoreland county
Mr. Edward Cook, ' Mr. James Perry.
§ All the members attended ej^cept those marked (•}
PBOVIïfCIAL CONFEREKC».
87
A quorum of th® members from the abóte couçtics bein« met, ex¬
ceptât only two appeared fi-om Chester'countyí proceeded lo the
choice of a president, vice-president and two secretaries, and
Col. THOMAS M'KEAN, was chosen president.
Col. JOSEPH HART;'l?ice-pre»tdeni.
JOVATHAN B. SMITH, }
Samvel C. Morris, i
nEDJ^ESDAY, June 19,1776.
The conference met, presentil2 committees, 97 members.
A return was delivered at the table, from Nortiiumberland; and the
deputies attending, being
. Col William Cook» Mr. Robert Martin,
Alexander Hunter, Esq. Mr. Matthew Brown.
Mr. John Heitzel,
As did those also from Chester.
On motion, it was resolved unanimously, That in taking the sense
of this conference, on any question which may come before them, the
city and counties'respectiveiy shall have one vote. '
On motion, it was ordered. That the resolution of the continental
congress, of the 15th of May last, recommending the total suppres¬
sion of all authority under the king of Great Britain, &c. be read—
and it was read accordingly, and is in-the words following, viz.
IN CONGRESS, Map 15, 1776.
Whereas, his Brittanic majesty, in conjunction with the lords and
commons of Great Britain, has by a late act of parliament, excluded
the inhabitants of these United Colonies from the protection of his
crown: And whereas, no answer whatever, to the humble petitions of
the colonies for redress of grievances and reconciliation with Great
Brittain, has been, or is-likely to be given, but the whole force of that
kingdom, aided by foreign mercenaries, is tobe exerted for the destruc¬
tion of the good people of these colonies. And whereas, it appears ab¬
solutely irreconcilable toreasen and good conscience, fur.the,»peopIe
of these colonies, now to take the uatns and affirmations necessary for
the support of any government, under the crown of Great Britain;',and
it is necessary, that the exercise of every kind of authority, under the
said crown should be totally 8upprt'S>t;d, and all the powers of gevern-
ment exerted, under the authority of the people, of the colonies, for the
preservation of in^fj peace, virtue and gcwd order, aa well as for the
defence of their live^iberties and propei iies, against the hostile in¬
vasions and cruel dtoedations of their enemies. Therefore,
Resolved, That mbe recommended to the respective assemblies and
conventions^ of the Çnited Colonies, whei e no government sufficient to
the exigencies of their aflkirs, has been hitherto establiahfld, (o adopt
such government as shall in the opinion of the representatives of the peo¬
ple, best conduce to thej^jriness and safety of th^ constituents in
Urticnlar. and America%* general.
By order o^ the concern
JOHN ßANCOCgr/VeaWent;
38
I'BOVINOIAL CONFERENCE.
By special order, tlie same was read a second time, and after ma¬
ture consideration/"^
Resolved unanimously, That the said resolution of congress, of the
15th of May last, is fully approved by this conference.'
On motion, resolved unanimously, That the present government of
this province is not competent to the exigencies of our afiairs.
On motion, resolved unanimously. That it is necessary that a pro¬
vincial convention be called by this conference, for the express purpose
of forming a new government in this province, on the authority" of
the people only.
Resolved unanimously, That a committee be appointed to ascertain
the number of members of which the convention ought to consist, and
the proportion of representatives for the city and each county, and
that two members from the city and each county, be appointed on
said committee, except from VVestmureland, which can turuish but
one, and the following gentlemen were appointed, viz.
Messre. Bayard, Atlee, Hart, Gray, Weitzel, Creigh,
Bull, Bird, Levis, Smith, Cook, Piper,
Kidd, Matlack, Cunningham, M'Clean, Levis, Hunter.
l)avis, Mather, Hallet", Espy, M'Allister,
Resolved, That the committee now appointed, be instructed to fix
upon some number, not less than ninety, nor more than one hundred
and ten, for the whole province.
A petition from the German associators of the city and liberties of
Philadelphia, was read, praying that all associators, who are taxables,
may be entitled to vote.
On motion, resolved unanimously, that this conference will now en¬
ter into a consideration of the qualifications of electors, and of person«
who may be elected.
THURSDAY, June 20, 1776.
Col. Hart, from the committee of the whole, reported, that they had
come into two resolutions which he was ready to report, when the con-
ferrence would receive them.
Ordered, That they be received forthwith; then the said resolutions
being read and considered, were agreed to by the conference without
one dissenting voice, and are as follow, viz.
Resolved, That every associator in the province shall be admitted
to a vote for members of the convention, in the city or county in which
he resides: Provided, such associator be of the age of 31 years, and
shall have lived one year in this province immediately preceding the
election, and shall have contributed at any time before the passing of
this resolve, to the payment of either provincial or county taxes, or
shall have been rated or assessed towards the same.
Resolved, That every person qualified by the laws of this province,
to vote for representatives in assembly, shall be admitted to vote for
members of the intended convention, provided he »hall first take the
followingtest onoath or affirmation, if thereunto required by any one of
the judges or inspectors of the election, who are hereby empowered to
administer the same.
I do declare, that I do not hold myself bound to bear al¬
legiance to George the third, king of Great Britain, &c. and that 1
■will not by any means, directly or indirectly oppose the establishment
PROVINCIAL CONFERENCE.
89
of a free^overnment in this province, by the convention now to be cho¬
sen; nor the measures adopted by the congress against the tyianny at¬
tempted to be established in these colonies, by the court of Great Brit-
in.
On motion, Resolved unanimously. That whereas the county of
Westmoreland, hath been exempted from the payment of taxes for
three years last past; and thereby many persons may be excluded from
a vote at the ensuing election, in consequence of the foregoing regula¬
tions, c.intrary to the intention thereof; therefore, every person of 21
years of age. being a free man, residing in said county, shall be admitted
to vote, he being an associator, and having lived one year in fhis pro¬
vince, next preceding the election, and taking the test aforesaid, if
thereunto required.
Resolved unanimously, That the election shall be made by ballot,
in the manner heretofore used in this province, at the general elec¬
tions.
Resolved unanimously. That no person who has been published by
any committee ot inspection, or the committee of safety, in this pro¬
vince, as an enemy to the liberties of America, and has not been re¬
stored to the favor of his country, shall be permitted to vote at tiie elec¬
tion of members for said convention.
FRIDJIY, Junen, 1776.
On motion. Resolved unanimously. That every voter at the proposed
election shall be a free man, and if thereunto required by any of the
judges or inspectors, shall before his vote is received, take the
foregoing test.
Resolved unanimously. That any person qualified to vote for mem¬
bers of assembly, by the laws of this province, may be elected a mem¬
ber of convention, provided that he shall have resided at least one
year immediately preceding the said election, in the city or county for
which he shall be chosen, and shall before he takes his seat in conven¬
tion, take the following oath or affirmation, viz.
I — do declare, that I do not hold myself bound to bear al¬
legiance to George the third, king of Great Britain, &c. and that I
will steadily and firmly, at all times, promote the most effectual
means, according to the best of my skill and knowledge, to oppose the
tyrannical proceedings of the king and parliament of Great Britain,
fgainst the American Colonies; and to establish and support a govern¬
ment in this province, on the authority of the people only, &c. That
I will oppose any measure that shall or may, in the least, interfere with
or obstruct the religious principles or practices of any of the good peo¬
ple of this province, as heretofore enjoyed.
Also, Resolved, That no person elected to serve as a member of
convention, shall take his seat or give his vote, until he shall have
made and subscribed the following declaration.
I I —- do profess faith in God, the father, and in Jesus
Christ, his eternal son, the true God, and in the Holy Spirit, one God
blessed for evermore; and do acknowledge the holy scriptures of the
«U1 and new testament, to be given by divine inspiration.
The committee appointed to ascertain the number and proportion ot
members to represent the province, and each particular city and coun¬
ty, in convention, made their report in the wiyds following, viz.
40
PROVINCIAL CONFERENCE,
The committfee appointed for, &c. report, that your committee have
conferred together, and endeavoured to obtain the best intelligence that
can he had, find that full information respecting the number of taxa¬
bles in each county, cannot now be had, and therefore cannot be adop¬
ted as a rule in fixing the number of representatives for the city and
counties respectively. Your committee, however, are satisfied, that
the number of taxables in the counties respectively, does not differ so
much as to make it of any probable disadvantage to allow an equal re¬
presentation from each county, especially as the convention will proba¬
bly vote by city and counties, as in the preceding conventions, upon
the questions which shall come before them.
We therefore recommend, that it be resolved, that eight represen¬
tatives be sent by the city of Philadelphia, and eight by each county in
the province, to the convention.
On motion, That the inhabitants of the city be divided from
the county of Philadelphia, and that they' be not admitted to
vote, or be voted for, in the eleciion of the county members for the con¬
vention.
It was moved that the previous question be put, vw. Whether this
question shall be now put P And it was put accordingly, and carried
in the negative.
Resolved That this conference approve of the report of the commit¬
tee.
SATURDAY, June 22,1776.
On motion, Resolved unanimously. That the determinations of this
conference, on the representation of the city and of the county of
Philadelphia, shall not be drawn into precedent in future.
SUJ\rDA V.June 23, 1776.
The committee appointed to consider of the proper time, &c. of hold¬
ing the election, delivered their report at the table, which being read
by order, was unanimously agreed to by the House.
The following is an abstract of the report
1. They appoint Monday the 8th day of July next, for electing the
said members of the convention.
2. They designate the places at which the elections shall be held, in
the city and several counties.
3. They direct that the electors of the several wards, boroughs and
townships, shall meet and choose their inspectors, on the 6th of
July, and that each of the inspectors shall before he^proceeds to
take or receive any votes, take the following oath or affirmation.
I y- do declare, tliat I will duly attend the ensuing
election, during the continuance thereof, and will truly and faith¬
fully assist the judges of said election, to prevent all frauds
and deceits whatsoever, of electors or others, in carrying on the
same, and in causing the poll or votes at such election to be mark¬
ed off on the respective lists, and fairly cast up..
4. They direct that the deputies from the city and counties, shall ap¬
point three discreet and able members of their respective commit¬
tees, residing within the several districjls, to be judges of the elec-
Provincial conpèlttence.
tion. And that the said judges and the inspectors shall appoint
clerks.
5. They direct that the commissioners of the city and counties shall
deliver to the judges of the election, duplicates of the taxables in
the several districts. That the judges and inspectors of the se¬
veral districts of such counties as are divided, shall cause certified
accounts of the election, to be taken to the county town on the
next day after the election, which shall be added together, and
the eight highest numbers shall be the persons to represent such
county in convention, and also, that tlie judges, or any two of
them, for the city and counties respectively, shall certify under
their hands .and seals, to the convention, on the day appointed for
their meeting, the names of the persons chosen.
6. They direct, that the persons so chosen, shall meet in convention
at Philadelphia, on Monday the 15th of July next.
Ordered, That Dr. Rush, Col. Hill and Col. Smith, prepare a draft
of an address to the inhabitants of the province, and report .to the con¬
ference.
Resolved unanimously. That it be recommended to-the said . con-
ivention, totchoose and appoint delegates or deputies, to represent this
province, in the congress of the United Colonies; and, also, a council
of safety, to exercise the whole of the executive powers of government,
so far as relates to the military defence and safety of the province,
and to make such allowance for the services of the said delegates, and
council of safety respectively, as shall be reasonable, which said dele¬
gates and council of safety, are to continue fur six months, unless a
neu| government shall be formed within that time, in which case there
appointment is ta cease.
On motion, unanimously Ordered, That the chairman. Dr. Rush and
Col. Smith, be a committee to draft a resolution, declaring the sense
of the conference, with lespect to an independence of tiie province,
■from the crown and parliament of Great Britain, and report to-mor¬
row morning.
The gentlemen appointed to prepare a draft of an address, to the
inhabitants of this province, delivered at the table, a draft, which was
read.
By order, the same was read the second time, considered, anaended
and unanimously agreed to, in the following words.
The address of the deputies from the committees of Pennsylvania,
assembled in provincial conference.
TO THE PEOPLE OF PENNSYLVANIA.
Friends and countrymen,
In obedience to the power we derived from you, we have fixed
upon a mode of.electing a convention, to form a government for the
■province of Pennsylvania, under the authority ol the people.
Divine Providfnce is about to grant you lavor, which few people
have ever enjoyed before, the privilege of chuosLiig deputies tii torn) a
.government under which you are to live. We need not inform you
of the importance of the trust yuu ace about to commit to them; your
liberty, safety, happiness and everything that posterity will hold dear
to them to the end of time, will depend upon their doliberatmus. It
becomes you, therefore, to choose such persons only, to act lor
yu the ensuing convention, as are degtinguislied f^r wisdom, integr. y
PROVINCIAL CONFERENCE.
and a firm attachment to'the liberties of this'province, as well as trfihe
liberties of the United Colonies in general. _ .
In order that your deputies mayTmovv your sentiments as *"l'y
possible, upon the subject of government, we beg that you would con-
"vey to ihem your wishes and opinions upon that head, immediately al¬
ter their election. ,
W e have experienced an unexpected unanimity in our councds,and
we have the pleasure of observing a growing unanimity among the peo»
pie of the province. We beg, that this brotherly spirit may be culti¬
vated, and that you would remember that the present unsettled state
of the province, requires that you should show forbearance, charity and
moderation to each other. We beg that you would endeavour to re¬
move the prejudices of the weak and ignorant, respecting the proposed
change in our government, and assure them that it is absolutely neces¬
sary, to secure property, liberty and the sacred rights of conscience^' to
every individual in the province.
The season of the year, and the exigencies of our colony, require dis¬
patch in the formation of a regular government. You will not ^ere-
fore be surprised at our fixing the day for the election of deputies so
early as the 8tli of next July.
We wish you success in your attempts to establish and perpetuate
your liberties, and pray God to take you under his special protection.
/Signed by unanhnous order oj the eonference.
THOMAS M'KEAN, President,
MOJK'DAY, June 24, 177:6.
The committee appointed forthat purpose, brought in ¿a draft, of a
declaration, on the sutgect of the independence of this colony, of the
crown of Gi eat Britain, which was ordered to be read.
By special order, the same was read a second time, and being fully
considered, it was with the greatest unanimity of all the members
agreed to and adopted, and is in the words following, viz.
Whereas, George the third, king of Great Britain, &c. in violation
of the principles of the British constitution, and of the laws of jus¬
tice and humanity, hath by an accumulation of oppressions, unparrallel*
led in history, excluded the inhabitants of this. With tlie other Ameri¬
can Colonies, from his protection. And whereas, he hath paid no re¬
gard to any of our numerous and dutiful petitions for a reuress of our
complicated grievances, but hath lately purchased foreign troops to as¬
sist in enslaving us; and hath excited the savages of this country to
carry on a war against us, as also tlie negroes to imbrue thftir hands in
the blood of their masters, in a manner unpractised by civilized nations,
and hath lately insulted our calamities, by declaripg that, hjg. will sheii(
us no mercy until iie has reduced us. And whereas, the''obligations
ol allegiance (being reciprocal between a king and his subjects) are
iipw dissolved, on the side of the colonists, by the despotism of thV
said king, insomuch that it now appears that, loyalty to him is treason
against the good people ^of this country. And whereas not only the
p^arliament, but there is reason to believe, too many pfihe peome of
Gneat Britain, have concurred in the aforesaid arbitfàry and unjust
proceedings against us. And whereas, the public virtue of {his 'colo¬
ny (so essential to its liberty and happiness) must be endangered by a
PROVINCI.VJU CQNFEß.ENCE,
fiitut^poUtical^ili^n^iyl^i.^or tlrpendence uDon a crovvn ajid nation so
Just to justice, patriotism and magnanimity.
W^tbe /Jepii/is^s ojT Ihe people of Fennfylvania, assembled in rui.L
PROVINCIAL coxpEiiKNCE, for forming a plan for executing the resolve
of congress, of the 15th May last, for suppressing ail authority in this
province, derived from the crown of Great Britain, and for establisiiing
a government upon (be authority of the people only, now in this pulT-
lic manner, in behalf of ourselves, and with the approbation, consent
and authority of our constituents, unanimously declare our willin»--
ness to concur in a^-ote of the congress, declaring the United Colonies
free and independent states; Provided the forming the government, and
the regulation of the internal police of this colony, be always reserved
to the people of the said colony; and we do further call upon the na¬
tions of Europe, and appeal to the great arbiter and governor of ttie
empires of the world, to witness for us,' that this declaration did not
originate in ambition, or in an impatience of lawful authority; but that
we were driven to it in obedience to the first principles of nature, by the
oppressions and cruelties of the aforesaid king and parliament of Great
Britain; as the only possible measure that was left us, to preserve and
cstablisli our liberties, and to transmit them inviolate to posterity.
Ordered, That this declaration be signed at the table, and that the
president deliver it in congress.
TTJESDAY, June 25, 177&,
Resolved unanimously. That thanks be given to the president for
his impartiality and close attention to the business of this conference.
Resolved unanimously, That the thanks of this conference be given
to the committee ofthe city and liberties of Philadelphia, &c. for their
unwearied endeavours in the public service, and particularly for their
patriotic exertions in carrying into execution the resolve of congress,
of May I5th, last, for suppressing all authority under the crown of
Great Britain.
Then the conference dissolved itself.
THOMAS M'KEAN,Pmiicni.
Jonathan B Smith,)
Samuel L. Morris, ^
The compilers have only included in their proceedings of the Prot
vincial Conference, such of4he transactions of that body as were con¬
nected with the proposed call of a convention ; for the conference, du¬
ring their session, which lasted from the 18th to the 25th of June, 1776,
besides providing for the call of a convention, did, among other tilings,
make provision for raising 4,500 militia, in obedience to resolutions of
Congress of the Sd 'and 4th of June, 17/6, for establishing a flying
camp, to consist of 10,000 men, in the middle colonies. Although
these proceedings are not connected with the immediate object which
the compilers had in view when they undertook the publication of
this volume, yet the address of the conference, on the subject of em-
Itodying the militia, in consequence of thèVesolutions of Congress, is
such a master piece çf the kind, that it cannot be improper here to in¬
sert it.
44>
provincial CGNFEREÍÜRE,
On the. 24th June, 1776, Me^isrs. Bayartl,iRus|i^aÄil^rnitl» . Tierfe
àppointed a committee to draft an address to the assoclators of the
province, on the subjeçt of embodying 4,500 .men.,,. On the Z5th of
June they made report, which, by special order, was read a second
time and agreed to unanimously, as follows :
The address of the deputies of the comnaittees ofiPeniwylvania, as¬
sembled in provincial conference, at Philadeinhia, June 25th, 1776.
TO THE ASSOCIATORS OP PENNSYLVANIA.
Gentlemen,
The only design of our meeting together was to put an end to our
own power in the province, by fixing liponli plan for calling a conven>
tion, to form a government under "the authority of the people. But
the sudden and unexpected separation of^the late assembly, has com¬
pelled us to undertake the execution of a resolve of Congress, for call¬
ing forth 4,500 of the militia of the province, to join the militia
of the neighboring colonies, to form a camp for our immediate protec¬
tion- We presume only to recommend the plan we have formed to ybu,
trusting that in a case of so much consequence,your love of virtue and
zeal for liberty will supply the want of authority delegated to us ex¬
pressly for that purpose.
We need not remind you that you are now furnished with new mo¬
tives to animate and support your'courage. You are not about tç con¬
tend against the power of Great Britain, in order"to'displace one set
of villains to make room for another. Your arms will not be enervated
in the day of battle with the reflection, that yM are to risk your lives
or shed your blood for a British tyrant; or that your posterity will have
your work to do over again. You are about to-contend for permanent
freedom, to be supported by a government which will be derived from
yourselves, and which will have for its object, not the emolument of
one man or class of men only, but the safety, liberty and happiness of
every individual in the community. We call upon you, therefore, by
the respect and obedience which are due to the authority of the United
Colonies, to concur in this important measure. The'present campaign
•will probably decide the fate of America. It is now in your power to
immortalize your names, by mingling your achievements with the
events of the year 1776—a year which we hope will be famed^iti the
annals of history to the-end of time, for establishing upon a lastino-
foundation the liberties of one quarter of the globe. °
llemember the honor of our colony is at s^ke. Should you desert
the common cause at the present juncture, the glory you have acquired
by your former-exertions of strength and virtue, will be tarnished ; and
our friends and brethren', who are now acquiring laurels in the most
remote parts of America, will reproach usandTilush to own themselves
natives or inhabitapta of Pennsylvania.
But tliere are other motives before you. Your houses, your fields
the legacies of your ancestors, or the dear-bought fruits'of 'yoiir own
îndttstry. and your liberty, now urge you to the field. H'hese cannot
plead with you in vain, or we might point out to you further your
wives, your children, your aged fathers and mothers, who now look up
to y^u lor aid, and hope tor salvation în this day of calamity, only from
the^pstruinentaiily of your swords.
CONVENTION OF l^yß
4S
Remember the name of Pennsylvania.—Think of your ancestors and
of your posterity.
Signed by an unanimous order of the conference,
THOMAS M'KEAN, PresidenK
June 33, 17T6,.
C\\a^te,Te II.
CONVENTION OF 1776.
Minutes of the proceedings of the convention of the state of Pennsyl¬
vania, held at Philadelphia the \5th day of July, 1776, and contin¬
ued by adjournments to the 28íA September following.
At a meeting of the convention for the state of Pennsylvania, held
in the city of Philadelphia, on the 15th day of July, in the year one
thousand seven hundred and seventy-six.
MOJSTDdF, July Í5th, 1776. P. M.
'^c respective judges of the election of the city of Philadelphia and
the several counties, made the returns as follow, viz.
' For the city of Philadelphia.
Timothy Matlack, James Cannon,
Benjamin Franklin, George Clymer,
Frederick Kuhl, George Schlosser,
Owen Biddle, David Rittenhouse,
For the county of Philadelphia.
Frederick Antis, .John Bull,
Henry Hill, Thomas Potts,
Robert Loller, Edyvard Bartholomew,
Joseph Biewer, William Coates.
For the county of Bucks.
Joseph Hart, William Vanhorn,
John Wilkinson, John Grier,
Samuel Smith, Abraham Van MiddleawarC^
John Keller, Joseph Kirkbridc.
For the county of Chester.
Benjamin Barth,Qlomew, Samuel Cunninghaia,
John Jacobs, John Hart,
Thqmas Strawhridge, John Mapkey,
Robert Smith, John Flemmiug.
For the county, of Lancaster.
George Ross, Joseph Sherrer,
Philip Marsteller, John Hubley,
Thomas Porter. Henry Slaymaker,
partram Galbreath, Alexander Lowrey.
For the.county of Fork.
John Hay, Francis Crazart,
James Eklgar, Jamas Smith,
40
PROCEEDINGS OP THE.
William Rankin, Robert M'Pherson,
Henry Slagle, Joseph Donaldson.
For the county of Cumberland.
John Harris, Wiljiam Duffiei^,
Jonathan Höge, James Brown,
William Clarke, Hugh Alejfander.
Robert Whitehill, James M'Clean.
For the county of Berks.
Jacob Morgan, Haniel Hunter,
Gabriel Hiester, Valentine Kckert,
John Lesher, . Charley Shoemaker,
Benjamin Spyker, Thomas Jones,
For the comty of JVorthampton.
Simon Dresbach, Jacob Stroud,
Jacob Arndt, ' Neigal Gray,
Peter Buckholder, Abrahapi Miller,
Peter Rhoads,, John Ralston.
For the county of Bedford.
Thomas Smith, Joseph Powell,
John Wilkins, Henry Rhoads.
Benjamin Elliot, John Burd,
Thomas Coulter, John Cessna.
For the county of Northumberland.
William Cqoke, Walter Clark,
James Potter, John Kelley,
Robert Martin, James Crawford,
Matthew Brown, John Weit/.élk
For the county of Westmoreland.
James Barr, Johi^Carmichael,
Edward Cook, James Perry,
James Smith, John M'Clellan,
John Moore, Christopher Lavingair.
TUESBf!.'^^ July 16, irr6.
Dr. Benjamin Franklin was unanimously chosen President.
Col. George Ross was unanimqijisly chosen Vice-President.
John Morris,Esq. was chosen Secretary.
Mr. Jacob Çarrigues was chosen assistant clerk to the Secretary.
Mr. Morris not being in this city at present. Col. Mat,lack is re¬
quested to perform the duty of Secretary till Mr. Morris may return.
The qualification and profession of faith recommended by the con¬
ference of committées, held at Philadelphia on the 25th of June last,
were read, taken and subscribed by all the members now present, vii.
Benjamin Franklin, Henry Hill, AVilliam Vanhorn, »
Timothy Matlack, Robert Loller, John Grier,
Frederick Kuhl, Joseph-Blewer, > Joseph Kirkbride,
Owen Biddle, John Bull, John Hart,
James Cannon, Edward Bartholomew, Thomas Strawbridge, >
George Clymer, - Joseph Hart, Robert Smith.
George Schlosser, John Wilkinson, Samuel Cunningham,
David Rittenhouse, Samuel Smith, John Mackey,
Frederick Antis, John Keller, George Ross,
CONVENTION OF 1776^:
Bartram Galbreath,
Joseph Sherrer,
John Hubley,
Henry Slayinaker,
Alexander Lowrey,
John Hay,
James Edgar,
Francis Crazart,
James Smith,
Robert M'Pherson,
Joseph Donaldson,
John Harris,
Jonathan Höge,
William Clarke,
James Brown,
James M'Clean,
Jacob Morgan,
Gabriel Diester,
John Lesher,
Benjamin Spyker,
Daniel Hunter, ,
Charles Shoemaker,
Thomas Jones,
Simon Dresbach,
Jacob Arndt,
Peter Buckholder,
Peter Rlioads,
Jacob Stroud,
Neigal Gray,
Abraham iMiller,
John Ralston,
Thomas Smith,
John Wiikins,
Benjamin Elliot,
Thomas Coulter,
Joseph Powell,
Henry Rhoads,
John ßurd,
John Cessna,
Walter Clark,
John Kelley,
James Crawford.
William Duflield,
William Siieed is appointed doorkeeper.
On motion. Resolved, That application be made to Gen. Roberdeau,
requesting him to issue an order for permitting John Morris and Jacob
Garrigues to return to this city, they being appointed to the offices of
secretary and assistant clerk to this convention.
The convention then proceeded to the consideration of legislative
business.
WEDJS'ESDJIY, ITTG.
Upon motion. Resolved, That the Rev. Mr. Williaqi White, be re¬
quested to perform divine service to-morrow morning before this con¬
vention, that we may jointly offer up our prayers to Almighty God, to
afford us his divine grace and assistance in the important and arduous
task committed to us, and to offer up our praises and thanksgivings
for the manifold mercies and the peculiar interposition of his special
providence, in behalf of these injured, oppressed and insulted IJnited
States.
Col. Matlack and Mr. Clymcr are appointed to wait on the Rev. Mt«
White, and furnish him with a copy of the foregoing resolve.
Mr. Matthias BrownV*^John Flemming, Philip Marsteller and Reb-
«rt Whitehill appeared in the house for the first time, took the oaths,
and made and signed the profession of faith required.
The convention then resumed the consideration of legislative and
executive business,
TlWRSDJlY,Jid^ mh, 1776.
Mr. Morris, the Secretary, now attending, it was ordered, upon mo¬
tion, that he should take the following affirmation, viz.
J, John Morris,'do déclare, tiiat I do not hold myself bound to bear
allegiance to George the third, king of Great Britain, and that I wdl
steadily and firmly at all'times promote the most eflectual means, ac¬
cording to the best of my skill and knowledge, to oppose the tyrannical
proceedings of the king and parliament of Great Britain, against the
American colonies, and'sup^port a government in this state on the au-
tliority of the people only ; and that as secretary of this convention,
will be faithful apd make fair and just minutes ot all their proceed-:
îPHOCEEmNGS OF
íngs, according to the best of my abilitieSi and keep all such secrets aS
shall be directed to be kept by the convention.
Which he did accordingly.
Ordered, also, That the clerk, when he »hall come, shall make a de¬
claration to the like import.
The Rev. Mr. White attending, agreeaWy to the request of yester¬
day, and having performed divine service, and being withdrawn, it waS
Ordered, on, motion. That Mr. Matlack and Mr. Clymer wait upon
that gentleman, with the thanks.of the convention for his services.
Upon motion, and after debate. Resolved, That a committee be ap¬
pointed to make an essay for a declaration of rights for this state.
Resolved also. That the said committee consist of eleven persons,
viz. Mr. Biddle, Col. Bull, the Rev. Mr. Vanhorn, Mr. Jacobs, Col.
Ross, Col. James Smith, Mr. Höge, Mr. Morgan, 'Col. Stroud, Col.
Thomas Smith and Mr. Martin.
Mr. Abraham Van MiddleswartS, Mr. Robert Martin, Mr. John
Weitzel and Mr. John Jacobs appeared in the house for the first time,
took the oath or affirmation, and made and signed the profession of
faith required.
The convention resumed the consideration of legislative and execu¬
tive business.
FRIDAY, July 19, 1776.
Col. James Potter,-one of the members from Northumberland, and
Mr. William Rankin, one of the members for York county, appeared
in the house for the first time, took the oaths and made and subscribed
the profession of faith required.
The convention resumed the consideration of le^slative and execu¬
tive. business.
SATURDAY, July 20, 1776.
The convention resumed the consideration of legislative and execu¬
tive business.
MOJJ'DAY, July 22,1776.
The following members from Westmoreland, viz. James Barr, Ed¬
ward Cook, John Moore, John Carmichaely John M'Clellam^ Christo¬
pher Lavingair and James Smith, now appeared in the hous^ took th".
oaths, and made and subacribed the profession of faith ; as did also
Hugh Alexander, of Cumberland, and Valentine Eckart, of Berks.
On motion, Ordered, That Mr. John Moore be addèd to the declara¬
tion of rights committee, and that the said committee have leave of
absence.
The convention thep resumed the consideration of legislative and
executive business.
TUESDAY, July 23, Í776,
Mr. Benjamin.Bartholomew and Mr. James Ferry appeared in the
house for the first time^ took Ike oaths^ and made and- subacribed the
profession of faitb.
THE CONVENTION OF 177&.
The convention then resumed the consideration of legislative and
executive business.
WEDNESm Y, July 24,1JU.
Col. Henry Slagle appeared in the house for the first time, and took
the oath, and made and subscribed the profession of faith.
On motion. Resolved, That the same gentlemen who are on the de¬
claration of rights committee, be appointed to draw up an essay for a
frame or system of government for this state. - •
On motion. Resolved, That Mr. John Lesher be one of the commit¬
tee for essaying a frame of government, in the room of Mr. Jacob
Morgan, who is absent with leave.
. The convention lesumed the consideration of legislative and execu¬
tive business.
THURSDAY, July 25, 1776.
Mr. Thomas Porter appearing in the house for the first time, took,
the oath, and made and subscribed the profession of faith.
It was moved and Resolved, That this convention do ägrec to the
following resolution and declaration, viz.
We, the representatives of the freemen of the state of Pennsylvania, in
general convention assembled, taking into our most serious consideration
the clear, strong and cogent reasons given by the honorable continental
Congress, for the declaring this, as well as the other United States of
America, FREE and INDEPENDENT, do thereupon resolve, and be
it hereby resolved and declared, that we, in behalf of ourselves and our
constituents, do unanimously^ approve of the said resolution and decla¬
ration of Congress of the 4th inst: And we do declare before God and
the world, that we will support and maintain the freedom and inde¬
pendence of this and the other United States of America, at the ut¬
most risk of our lives and fortunes.
The committtee for essaying a declaration of rights, reported a draft
for that purpose, which being read, was ordered to lie on the table for
further consideration.
On motion. Ordered, That Col. Matlack, Mr. Cannon, Col. Potter.
Mr. Rittenhottse, Mr. Whitehill and Col. Galbreath, be added to the
committee for bringing in an essay for a frame of government. "
Tiie convention resumed the consideration of legislative and execu¬
tive business.
FRIDAY, July 26, 1776.
» Thfe report of the committee for the declaration of rights was again
read, and a motion was made and seconded, that the same be recom¬
mitted, but the previous question being called tor, it was thereupon
Resolved, That the question be not now put on the said motion.
Upon motion. Resolved, That the minutes of this convention be pub¬
lished weekly, in English and German, and that this house wdl ap¬
point a committee to superintend the publicatmn.
The convention resumed the consideration ot the report of the declara¬
tion of rWits, and after some considerable time spent thcrereiti, it was.
Upon motion, Resolved, That the said report be recpmmilted to.thy
committee who were originally appointed thereon.
PROCEEDINGS OT
The convention resumed ttine consideration of legislative and execu¬
tive business.
SATURDAY, July 27,1776.
The committee appointed to bring in an essay of the declaration of
rights, and to whom the same was recommitted, reported a new draft
thereof; which being in part read by paragraphs and debated upon for
some time, was postponed for further consideration.
The convention resumed the consideration of legislative and execu¬
tive business.
MOJfDAY, July 29,1776.
The convention resumed the consideration of the draft of the declara¬
tion of rights, and went through the same by jaragraphs. Where-
ppon it was
Ordered, That Col. Hill and Mr. Hubley procure to be printed 96
copies of the said draft, for the further consideration of the members of
fj;ns house.
July 30, 31, and August 1, 1776.
The convention resumed the consideration of legislative and execu¬
tive business, with this exception. On the 1st August,
On motion. Resolved, That this convention will to-morrow morning
resolve itself into a committee of the whole, in order to take into con¬
sideration some important matters relative to the proposed new frame
of government. Also
Ordered, That every member of this convention be punctual in his
attendance at the house to-morrow morning.
FRIDAY, August 2, 1776.
A memorial from the inhabitants of Turkey-foot township, in Bed¬
ford county, setting forth their opinion respecting the intended new
frame of government, was read, and
Ordered, To lie on the table.
The order of the day was then read, and the convention in conse¬
quence thereof resolved itself into a committee of the whole house •
Çol. Joseph Kirkbride was called to and assumed the chair. '
After a very considerable time spent in deliberation, the president
resumed the chair, and then Col. Kirkbride, the chairman of the com¬
mittee, reported : That it was the opinion of the said committee, tha^
the future legislature of this state shall consist of one branch only,
under proper restrictions.
VVherupon.it was moved and resolved, That the future legislature of
this state shall consist of one branch only, under proper restrictions.
August^ 5th, Qth, 7th, 8th, 9th, lOt/j and 12íA, 177(Jt
The convention was occupied in the consideration of legislative and
executive business.
On the 5th Jacob Garrigues, the assistant clerk, appearing, took tha
'affirmationTequired by a former minute.
Aug.T. William Cook appearing for the first time in the house; took
'tiie oath, andmade and subscribed the profession of faitfe.
THE CONVENTION OP 1776.
54
K^ugxtsl 15th, 1776.
convention, in committee of the whole, made progress in the
consideration of the bill of rights, and also resumed the consideration
•f legislative and executive business.
Mgust 15, 1776.
According to the order of the day,
The convention resolved itself into a committee of the whole house?
Col. Kirkbride was called to and assumed the chair. After some fur¬
ther délibération on thCj declaration of rights, the president resumed
the chair, and Col. Kirkbride, from the committee, reported that they
had agreed to the report which he then delivered into the house, and
being ,read, the further consideration thereof was postponed.
FRWJir, August 16, 1776.
The convention resumedthe consideration ofthe reportofthc commit¬
tee respecting the declaration of rights, which being read by para¬
graphs, received the final assent of the convention.
[For declaration, &c. see page 55.]
SATURDAY, August 17, 1776.
The convention was occupied with the consideration of legislative
and executive business.
MONDAY, August 19, 1776,
The convention appointed to essay a frame or plan for the future
government of this state, brought in a draft for that purpose, which
being read, was ordered for consideration on Wednesday next, the
Slstinst. ^
TUESDAY, August 20,1776.
The committee resumed the consideration of legislative and execu*
five business.
WEDNESDAY, August 21, 1776.
The convention, according to the order of the day, resolved itself
ioto a committee of the whole house, in order to take into considera¬
tion the frame of government—Mr. Rittenhouse was called to and as¬
sumed the chair. ' After a very considerable time spent in debating
and deliberating, the president resumed the chair, and Mr. Ritten¬
house repÄted from the committee, that they had made some progress
in the business committed to them, and desired leave of the house to
sit again to-morrow morning ; which was given accordingly.
August 22d and 23d, 1776»
The committee reported further progressv
5»
rilOCEEDlNGS OF
Jíu^ust £4, 26, 27 and 28, 177G.
The convention was occupied with the consideration' of legislative
aijd executive business,
Jlugust29, SOandSl, 1776.
The cornmittee of the whole reported further progress in thé consid¬
eration of the frame of government.
Stptemlier 3d and 4th, 1776.
The convention, among other things, made progress in the committee
of the whole in the consideration of the frame of government.
THUnSDdY, Septembers, 1776.
Tlie convention resolved itself into a committee of the whole house,
in order to resume the consideration of the frame of government.
Mr, Rittenhouse was called to and assumed the chair; after some time
the president resumed the chair, and Mr. Rittenhouse reported from
the committee, that thçy had finished the business referred to them,
and were ready to report thereon. Which report was read, and
Ordered, That the president, Mr. Rittenhouse and Mr. Vanhorn,
be desired to revise the same, and make such alterations therein in
method and stile, without affecting the sense, as they may think prop¬
er ; and when that is done, to get 400 copies printed for public con¬
sideration.
The convention then resumed the consideration of legislative and
èxecutive business.
From the 5th to the I6ih of September, 1776.
The convention was engaged in tlie consideration of legislative and
executive business.
MOJ^DJiY, September 16, 1776.
The convention, agreeably to the order of the day, resumed the consid¬
eration of the frame of government.
It was moved by Col. Ross and seconded by Mr. Clymer, that the
first and second sections of the proposed frame of government bo
debated upon and amended. Whereupon it was
Resolved, That the further debate on the second section is preclu¬
ded, because it was fully debated and determined before, as appears
by the minutes of the Ist and 2d of August last.
Moved and seconded that the yeas and nays on an^ question in the
frame of government, shall be entered on the minutes, when it shall
be required by any four members: But the previas question being
pat, it was determined that the.questiou be not now nnt.
THE CONVENTION OP 1776.
5a
Sejptember 17, 18, 19, 20, 21, 23 and 24, 1776.
The Convention was engaged in legislative and executive business,
and in considering the fiuine of government.*
WEDJ\/'£SDjíV, September 25, 1776.
A letter from the Rev. Messrs. Duffield and Marshall, praying
that the clergy of this state may be exempted from the burthen of civil
offices, and setting forth their reasons for such exemption, was read,
and ordered to lie on the table for consideration. '
A letter from the Rev. Messrs. Muhlenberg and Weynberg, praying
for an additiori to the 47th article of the proposed frame of govern¬
ment., confirming the incorporations for promoting religious and char¬
itable purposes, was read, and ordered to lie on the table.
The House resumed the consideration of the frame of government.
Ordered, That Mr. Cannon, Mr. Jacobs and Mr. Rittenhouse, be
appointed to prepare a draft of a preamble to the declaration of rights
and frame of government, and of the oaths of allegiance and office to
be inserted in the said frame.
In the afternoon the gentlemen appointed to draw up a preamble to
Üie declaration of rights and frame of government, reported an essay
for that purpose, which was read and referred for further considera¬
tion.
They also reported an essay for the oaths and affirmations of alle-
•giauce and of office, which being read and amended, at the table, were
approved of, and ordered to be inserted in the frame of government.
THURSDAY, September 26, 1776.
On the 23d September, Col. Matlack, Mr. Jacobs and Col. Thomas
Smith, were appointed a committee to bring in a draft of a resolve,
for settling and regulating the general election for the present year.
On this day the committee reported a draft for that purpose, which
was then read and amended: The following is an abstract of this re¬
solution.
Whereas, it is not convenient to hold the oçxt election thronghout
this state, for choosing the elective officers tnereof, on the day on which
it will be most convenient to the people to hold their elections^br the
future; and tills convention being desirous that the freemen of this
state may, as soon as possible, enjoy the advantages of a free and es¬
tablished government, it is therefore
Resolved, That the next election for representatives, &c. usually
chosen on the 1st of October, shall be held for the city and counties
respectively, on Tuesday the 5tii day ol November next. <
Provision is made for the election of inspectors, and the appointment
of judges and clerks, and making the returns of the election, &c.
Every elector before his vote shall be received, shall take the fol¬
lowing oath or affirmation,in stead ofthat heretofore required, viz.
• No detail» are given of tlie proceedings of the convention in relation to the cw-
stitution. The journal only states on the several days, " That üie house resumed
the consideration of the frame of government, mid alter some tun» adjourned.
5«
l'ßOCEEDINGS or
I do swear (or affirm) thai I will faithful
€o the commonwealth of Pennsylvatiia, and that I will not directly^ or
indirectly do any act or thing prejudicial or injurious to the constitu¬
tion or government thereof, as established by the convention.
And the judges and inspectors of the said electionB^ Sjliall, besides
the oaths prescribed in the law directing the choice ol inspectors, take
the oath of allegiance above recited.
Resolved. That the said general assembly, chosen in consequence
of the foregoing resolves, shall meet at Philadelphia, on Tuesday the
19th day of November next.
The convention resumed the consideration of thedraftofthe preamble
ofíéred to them yesterday, and the same was agreed to.
The couvention then resumed the consideration of other business»
FRIDAY, September 27, 1776,
On motion. Resolved, That, it be recommended to the first general
assembly of this state, to make a law similar to the cor/rus act
-of England, for the security of the personal liberty of the inhabitants.
The convention resumed theconsiderajtion, of othçr business.
SATURDAY, September 1776,
THE frame or plan of government and preamble, being now fairly
engrossed, were deliberately read and compared at the table, and be¬
ing bound up with the declaration of rights, were passed and confirm-.
ed unanimously, in the words following, viz.
THE CONSTITUTION
Of the copimonwealih of Pennsylvania, as established by the generat
convention elected for that purpose, and held at Philadelphia, Jul'^
15,1776, atid continued by adjournment, to September 28, 1776,
WHEREAS all government ought to be instituted and supported
for the security and protection of the community as such, and to ena«
ble the individuals who compose it, to enjoy their natural rights, and
the other blessings which the author of existence has bestowed upon
man; and whenever these great ends of government are not obtained,
the people have a right by common consent to change it, and lake
such measures as to them may appear necessary, to promote their safe¬
ty and happiness. And whereas the inhabitants of this commonwealth
have, in consideration of protection only, heretofore acknowledged al-
legience to the king of Great Britain, and the said king has not only
withdrawn that protection, but commenced and still continues to carry
on with unabated vengeance, a most cruel and unjust war against them,
employing therein pot only the troops of Great Britain, but foreign
mercenaries, savages and slaves, for the avowed purpose of reducing
tlifem to a total and abject submission to the despotic domipation of the
British parhammt (with many other acts of tyranny "more fully set
forth in ffie declaration of congress) whereby all allégiance and fealty
to the said king and his successors are dissolved ana at an end, and
all power and authority derived from him ceased in these colonies.'
And whereas it_ is absolutely necessary for the welfare and
THE CONVExVilON OP 1776,
53
safety of the inhabitants of said colonies, that they be henceforth free
ami independent states, and that just, permanent and proper forms of
government exist in every part of them, derived from, and founded on
the authority of the~ people only, agreeable to "the directions of the
honorable American congress. WE, the representatives of the free¬
men of Pennsylvania, in general convention met, for the express pur¬
pose of framing sucha government, confessing the goodness of the
great governor of the universe (who alone knows to what degree of
earthly happiness mankind may attain by perfecting the arts of gov-
eminent) in permitting the people of this state, by common consent
and without violence, deliberately to form for themselves, such just
rules as they shall think best for governing their future society; and
being fully convinced, that it is our indispensible duty to establish
such original principles of government, as will best promote the gene¬
ral happiness of the people of this state and their posterity, and pro¬
vide for future improvements, without partiality for, or prejudice
against, any particular class, sect or denomination of men whatsoever,
do, by virtue of the authority vested in us by our constituents',ordain,
declare and establish the following declaration of rights, and/rnme of
government, to be the constitution of this commonwealth, and to re¬
main in force therein for ever unaltered, except in su h articles as
shall hereafter, on experience, be found to rcpuire improvement, and
which s||^ll by the same authority of the people, fairly delegated, as
this frame of government directs, be amended or improved for the more
eftectual obtaining and securing the great end and design of all govern-
■ment, herein before mentioned.
GHAPIER I.^
JL declaration of the rights of the inhabitants qf the co'ú\í
monwealth or state of Pennsylvania.
I. That all men are born equally free and independent, and have cérj
tain natural,inherentand unalienable rights, amongst which are the en¬
joying and defending life and liberty, acquiring, possessing and prç^
tecting property, and pursuing and obtaining happiness and safety.
II. fhat all men have a natural and unalienable right to worship
Almighty (jod, according to tlie dictates of their own consciences and
ought, or of right can be compelled ts
attend any religious worship, or erect or support any place of worship
or maintain any ministry, contrary to, or against his own tree will and
consent; nor can any man who acknowledges the being of a God, bî
justly deprived or abridged of any civil right as a citizen, on account
of his religious sentiments, or peculiar mode of religious worship; aal
that no authority can, or ought to be vested in, or assumed by any pow¬
er whatever, that shall in any case interfere with, or in any manner cof-
Iroul the right of conscience in the free exercise of religious worship
III. That the people of this state have the sole, exclusive and mig¬
rent ri^ht of governing and regulating the internal police olthe same.
IV\°rhatalI power being originally inherent in, ami consequendy
derived from the people; therefore all oflicers of government, whetler
legislative or executive, are tlieir trustees and servants, and at a
ümes accountable to them.
56
PROCEEDINGS OF
V. That goverrfttient is, or ought to be, instituted for the coratÄöä
benefit, protection, and security of the people, nation or community;
and not for the particular emolument or advantage of any single man,
family, or set of men, who are apart only of that community; and that
the community hath an indubitable, unalienable and indefeasible right
to reform, alter or abolish government, in such manner as shall be by
that community judgedimost conducive to the public weal.
VI. That those who are employed in the legislative and executive
business of the state, may be restrained from oppression, the people
have a right, at such periods as they may think proper, to reduce their
public officers to a private station, and supply the vacancies by certain
and regular elections. ^
VII. That all elections ought to be free, and that all free mén,
having a sufficient evident common interest with and attachment to the
communitv, have a right to elect officers, or to be elected into office.
VIII. That every member of society hath a right to be protected in
the enjoyment of life, liberty and property; and therefore is bound fo
contribute his proportion towards the expense of that protection, and
yield his personal service when necessary, or an equivalent thereto; but
no part of a man's property can be justly taken from him or applied to
public uses, without his own consent or that of his legal representatives;
nor can any man who is conscientiously scrupulous id" bearing arms be
justly compelled thereto if he will pay such equivalent; nor are the
people bound by any laws but such as they have in like manner assent¬
ed to, for their common good.
IX. That in all prosecutions for criminal offences, aman hath a right
to be heard by himself and bis council; to demand the cause and nature
of his accusation; to be confronted with the witnesses, to call for evi¬
dence in his favor, and a speedy public trial by an impartial jury of the
country, without the unanimous consent of which jury he cannot be
found guilty; nor can he be compelled to give evidence against him¬
self; nor can any man be justly deprived of his liberty, except by the
laws of the land or thejudgment of his peers.
X. That the people have a right to hold themselves," their houses,
|)apers and possessions free from search and seizure; and therefore
warrants, without oaths or affirmations first made, affording a sufficient
/oundation for them, and whereby anjr officer or messenger may be
Sommanded or required to search suspected places, or to seize any
erson or persons, his or their property not}particularly described, are
ontrary to that right, and ought not to be granted.
I XI. That in controversies respecting property, and in suits between
lian and man, tlie parties have a right to trial by jury, which ouo-ht to
beheld sacred. °
XII. That the people have a right to freedom of speech, and of wri-
tilig and publishing their sentiirients; therefore the freedom of the
pijess ought not to be restrained.
IXIII. I hat the people have a right to bear arms for the defence of
themselvti, and the state; and as standing armies in the time of peace,
aré dangerous to liberty, they ought not to be kept up; and that the
military should be kept under strict subordination to, and govern¬
ed by the civil power.
£ occurrence to fundamenthl principles and a
firm adherence to justice, moderation, tempercnce, industry and fru¬
gal!^, are absolutely necessary to preserve the blessings of fiberty, and
THE CONVENTrON OF 4776.
67
keep a, government free. The people ought therefore to pay particu¬
lar attention to these points in the choice of officers and representa¬
tives, and have a right to exact a due and constant regard to them from
their legislatures and magistrates, in the making and executing such,
laws as are necessary for the good government of the state.
XV 1 hat all men have a natural inherent right to emigrate from
one state to another that will receive them, or to form a new state in
vacant countries, or in such countries as they can purchase, whenever
they think that tliereby they may promote their own happiness.
XVI, 1 hat the people have a right to assemble together to consult
for their common good, to instruct their representatives, and to apply
to the legislature for redress of grievances by address, petition on re¬
monstrance.
CHAPTER II.
Flan or fraine of government for the commonwealth or
state of Pennsylvania.
Section 1. The commonwealth or state of Pennsylvania shall be go¬
verned hereafter by an assembly of the fepresentatives of the freemen
of the same, and a president and council, in manner and form follow¬
ing:—
Sect. 2. The supreme legislative power shall be vested in a house of
representatives of the freemen of the commonwealth or state of Penn¬
sylvania.
Sect. Ä. The supreme executive power shall be vested in a president
and council. <
Sect. 4. Courts of justice shall be established in the city of Phila¬
delphia, and in every county of this state.
Sect 5. The freemen of this commdnwealth and their sons shall be
trained and armed for its defence, under such regulations, restrictions
and exceptions as the general asseihbly shall by law direct; preserving
always to the people the right of cl^oosing their colonels and all com¬
missioned officers under that rank, in siich manner, and as often as by
the said laws shall be directed. ,
Sect. 6. Every freeman of the full\ age of twenty-one years, having
resided in this state for the space of one whole year next before the
day of election for representatives, and paid public taxes during that
time, shall enjoy the right of an elector: Provided always. That sons
of freeholders of the age of twenty-one yefirs shall be entitled to vote,
although they have not paid taxes.
Sect. 7. The house of representatives of the freemen of this com¬
monwealth shall consist of persons most noted for wisdom and virtue,
to be chosen by the freemen of every city and county ot this comrnon-
wealth respectively, and no person shall be elected unless he has resided
in the city or county for which be shall be chosen two years imiuedi.
ately before the said election, nor shall any member, while lie continues
Buch, hold any other office except in the militia.
Sect. 8. No person shall be capable ot being elected a member to
serve in the house of representatives of the treemgn ot this common¬
wealth more than four years in seven. . • n k..
Section 9. The members of the house of representatives shall pe
diesen annually by ballot, by the freenien of jlhe commonweaitti, on
5B
PROCEEDINGS OF
ihe second Tuesday in October forever (except this prCMtlt year) and
shall meet on the fourth Monday of the same month, and shall be sti-
Icd T?ie general assembly of the representatives of the freemen of Penn¬
sylvania, and shall have power to choose their speaker, the treasurer of
the state, and their other officers; sit on their own adjournments; pre¬
pare bills and enact them into laws; judge of the elections and quali¬
fications of their own members; they may expel a member, but not a
second time for the same cause; they may administer oaths or affirma¬
tions on cKamination of witnesses; redress grievances; impeach state
criminals; grant charters of incorporation; constitute towns, boroughs,
cities and counties; and shall have all other powers necessary for the
legislature of a free state or commonwealth; but they shall have no
power to add to, alter, abolish or infringe any part of this constitution.
Sect. 10. A quorum of the house of representatives shall consist of
two-thirds of the whole number of members elected, and having met
and chosen their speaker, shall each of them, before they proceed to
business, take and subscribe as well the oath or affirmation of fidelity
and allegiance hereinafter directed, as the following oath or affirma¬
tion, viz.
I do swear (or affirm) that as a member of this assem¬
bly, I will not propose or assent to any bill, vote or resolution, which
shall appear to me injurious totlie people, nor do or consent to any act
or thing whatever, that shall have a tendency to lessen or abridge their
rights and privileges as declared in the-constitution Of this state, but
will in all things conduct myself as ^ faithful honest representative
and guardian of the people, according to the best of my judgment and
abilities.
And each member, before he takes his seat, shall make and subscribe
the following declaration, viz.
I do believe in one God, the creator and governor of the universe,
i,he rewarder of the good and punisher of the wicked, and I do. ac¬
knowledge the scriptures of the Old and New Testament to be given
by Uiviue Inspiration.
And no further or other religious test shall ever hereafter be requi¬
red of any civil officer or magistrate in this state.
Sect. 11. Delegates to represent this state in congress shall be cho¬
sen by ballot by the future general assembly at their first meeting, and
annually for ever afterwards as long as such representation shall be
necessary. Any delegate may be superseded at any time, by the gen¬
eral assembly appointing another in his stead. No man shall sit io
congress longer than two years successively, nor be capable of re-elec¬
tion for three years afterwards; and no person who holds any office
in the gift of the congress shall hereafter be elected to represent this
- commonwealth in congress.
Sect. 12. If any city or cities, county or counties, shall neglect or
refuse to elect and send representatives to the general assembly, two-
thirds of the members from the cities or counties that do elect and
send representatives, provided they be a majority of the cities and
counties of the whole state when met, shall have all the powers of the
general assembly, as fully and amply as if the;%vhole were present.
Sect. 13. rhe_ doors of the house in which the representatives of
(he freemen of this state shall sit in general assembly, shall be and re-
xDain open for the admission of aU^iersons, who behave decently.
THE CONVENTION OE 1770.
59
exctpt only when the welfare of this state maj' require the.;door8 to be
«liut. ' *
Sect. 14. Tlie votes and proceedings of the general assembly shall
be printed, weekly, during their sitting, with the yeas and nays on any
question, vote or resolution, where any two members require it, ex¬
cept when the vote is taken by ballot; and when the yeas and nays are
so taken, every member slmll have a right to insert the reasons of his
vote upon the minutes, if he desires it.
Sect. 1^. 10 tlie end that lavvs before they arc enacted, may be more
maturely considered, and the inconvenience of hasty determinations
as muchas possible prevented, all-bills of a public nature siiall be print¬
ed for the consideration of the people, before they are read in general
assembly the last time for debate and amendment; and except on oc¬
casions ofsudden necessity, shall not be passed into laws until the
next session of assembly; and for the more perfect satisfaction of the
public, the reasons and motives for making such laws shall be fully
and clearly expressed in the preambles.
Sect. 16. The stile of the laws of this commonwealth shall be. Be it
enacted, and it is hereby enacted by the representatives of the freemen
of the commonwealth of Pennsylvania, in General Assembly met, and
by the authority •/ the same. And the general assembly shall afiix
tlieir seal to every bill, as soon as it is enacted into a law, which seal
shall be kept by the assembly, and shall be called The seai. of the
laws oe Pennsylvania ; and shall not be used for any other
purpose.
Sect. 17. The city of Philadelphia and each county in this common¬
wealth respectively, shall on the first Tuesday of November in this
present year, and on the second Tuesday of October, annually, for the
two next succeeding y-ears, viz. the year one thousand seven hundred
and seventy-seven, and the year one thousand seven hundred and sev¬
enty-eight, choose six persons to represent them in general assembly.
Ilutas representation in proportion to the number of taxable inhabit¬
ants Is the only principle which can at all times secure liberty and
make the voice of a majority of the people the law of the land; there¬
fore the general assembly shall cause complete lists of the taxable in-
li'abitants in the city and each county in the commonwealth respective¬
ly, to be taken and returned to them on or before the last meeting of
the assembly elected in the year one thousand seven hundred and sev¬
enty-eight, who shall appoint a representation to each in proportion
to the number of taxables in such returns, which representation shall
continue for the next seven years afterwards, at the end of which, a
new return, of the taxable inhabitants shall be made, and a represent¬
ation agreeable thereto appointed by the said assembly, and so on sep-
tennially for ever. Tiie wages of the representatatives in general-
assembly, and all other state charges shall be paid out of the state
treasury.
Sect 18. In order that the freemen of this commonwealth may enjoy
the benefit of election as equally as may be, until the representation
shall commence, as directed in the foregoing section, each county, at
its own ciioicc, may be divided into districts, hold elections therein,
and elect their representatives in the county and their other elective
officers, as shall be hereafter regulated by the general assembly ef
this state : And no inhabitant of this state shall have more than one
annual vote at tlie general election for representatives in assembly.
60
PKQCETIDINCS OF
Sect. 19. For llic present the supreme executive councitof this stat®
shall consist of twelve persons chosen in the following manner; The
freemen of the city of Philadelphia, and of the counties of Philadel¬
phia, Chester and Bucks respectively, shall choose by ballot one person
lor the city and one for each county aforesaid, to serve for three years
and Tio longer, at the time and place for electing representatives in
general assembly. The freemen of the counties of Lancaster, York,
Cumberland and Berks, shall in like manner elect one person for each
county respectively, to serve as councillors for two years and no
longer. And the counties of Northampton, Bedford, Northumberland
and Westmoreland respectively, shall in like manner elect ope person
for each county, to serve as councillors for one year and no longer ^
And at the expiration of the time for which each councillor was cho¬
sen to serve, the freemen of the city of Philadelphia and of (he sev¬
eral counties in this state respectively, shall elect one person to serve
as councillor for three years and no longer, and so on every third year
for ever. By this mode of election and continual rotation more men will
be trained to public business, there will in every subsequent year be
found in the council a number of persons acquainted with the proceed-^
ings of the foregoing years, whereby the business will be more con¬
sistently conducted, and moreover the danger of establishing an
inconvenient aristocracy will be effectually prevented. All vacancies
in the council that may happen by deatli, resignation or otherwise,
shall be filled at the next general election for representatives in general
assembly, unless a particular election for that purpose shall be sooner
appointed by the president and council. No member of the general
Assembly or delegate in Congress, shall be chosen a member of the
council. The president and vice-president shall be chosen annually by
the joint ballot of the general assembly anff council, of the members
of the council. Any person having served as a councillor lor three
successive years, shall be inçapable of holding that office lor four years
afterwards. Every member of the council shall be a justice of the
peace for the whole commonwealth, by virtue of his otlice.
In case new additional counties shall hereafter be erected in this
state, such county or counties shall elect a councillor, and such county
Or counties shall be annexed to the next neighboring couaties, and
shall take rotation with such counties. .
The council shall meet annually, at the same time and{>laee wit^
tlie general assembly.
The treasurer of the state, trustees of the loan-office, naval officers,
collectors of customs or excise, judge of the admiralty, attornies-"ene-
ral, sheriffs and prothonotaries, shall not be capable of a seat in the
general assembly, executive council or continental congress.
Sect. 20. The president, and in his absence the vice-president, with
fhe council, five of whom shall be a quorum, shalLhave power to ap¬
point and commissionate judges, naval officers, judge of the admiral¬
ty, attorney-general and all other officers, civil and military, except
such as are chosen by the general assembly or the people, agreeable
to this frame of government and the laws that may bf made hereafter,
and shall supply every vacancy,in any office, occasioned by death, re¬
signation, removal or disqualihcation,"until the office can be tilled in the
time and manner directed by law or thisconstituluon. They are to cor¬
respond with other states, and transact business witii tiie officers of gov*
erament, civil and military, and to prepare guoh business as may ap-
THE comuiíTiON or i776.
6í
pftar to them necessary, to lay before the general assembly. They
shall sit as judges, to hear and determine on impeachments, taking to
their assistance, for advice only, the justices of the suprême court.
And shall have power to grant pardons and remit fines in all cases
whatsoever, except in cases of impeachment ; and in cases of treason
and murder shall have power to" grant reprieves, but not to parddn,
until the end of the next session of assembly, but there shall be"no
remission or mitigation of punishment on impeachments, except by
act of the legislature; they are also to take care that the laws be
faithfully executed ; they are to expedite the execution of such meas¬
ures as may be resolved upon by the general assembly ; and they may
draw upon the treasury for such sums as shall be appropriated by the
house. They may also lay embargoes, or prohibit the exportation of
any commodity, for any time, not exceeding thirty days, in the recesr
ot 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 coun¬
cil, and then only so long as they shall approve thereof. The presi¬
dent and council shall have a secretary, and keep fair hooks of their
ptoceedings, wherein any councillor may enter his dissent, with his
reasons in support of it.
Sect. 21. All commissions shall be in the name, and by the author¬
ity 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
otfice or after his resignation or removal for mal-administration. All
impeachments shall be before the president or vice-president and
council, who sliall 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 misbe*
haviour at any time by the general assembly; they shall not be allow¬
ed to sitas members in the continental congress, executive counctt-or
general assembly, nor to hold any other office, civil or military, nor
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 re¬
lates 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 con¬
stitution. .
Sect. 25. Trials shall be by jury as heretofore, and it is recom¬
mended 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 tho inhabitants of the state; all courts shall be open, and justice
6^
riíOCEEDINGS OP
shall be impartially a •♦.unistereJ without corruption or unnecessary-
delay : All their üflicers shall be paid an adequate but moderate com¬
pensation for their services, and if any officer sliail 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 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-t/ie peace and
dignity of the same. The stile of all process hereafter ia this state
shall be The commonu-eallh of Fennsylvania. ■ ■
Sect. 28. The person of a debtor, where there is not a strong pre¬
sumption of fraud, shall notbe 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 oS'ences,
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 Ity 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 commissicnate one or more of them for each
ward, township or district, so returning for seven years, removeable
for misconduct, by the general assembly; but if any city or county,
ward, township or district, in this commonwealth, shall hereafter in¬
cline to change the manner of appointing their justices of tlie 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^hall sit in the general assembly, unless he first resign
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. Sherifts 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 coun¬
cil. No person shall continue in the office of sherltf 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 commis¬
sioners 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 assem¬
bly, 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 otiw-
wise, shall forfeit his right to elect for that time, and suffer such other
penalty as future laws shall direct. And any person who shall dtf'ectly
orindireétly give, promise or bestow any such revvards to bo elected,
shall be thereby rendered incapable to serve for the ensuing year.
Sect. S3. All fees, license money, fines and forfeitures heretofore
granted or paid to the governor or his deputies, for the support of
government, shall hereafter be paid into the publi& treasury, unle&s al¬
tered or abolished by the future legislature.
THE CONVENTION OF i77(L
63
Sect. S4. A register's office for the probate df wills and granting
letters of administration, and an office for the recording of deeds,
sliall be kept in each city and county ; the officers to,be appointed by
the general assembly; removeable at their pleasure, and to be com¬
missioned by the president in council.
Sect. 35. The printing presses shall be free to every person, who
undertakes to examine tlie proceedings of the legislature, or any part
of ¡government.
Sect. S6. As every freeman, to preserve his independence, (if with¬
out 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 entails io
such manner as to prevent perpetuities.
Sect. 38. The penal laws as heretofore used, shall be reformed by
The future legislature of this state, as soon as may bo, and punishments-
made in some cases less sanguinary, and in general more proportionate
to the crimes.
Sect 89. To deter more effectually from the commission of crimes,
by continued visible punishment of long duration, and to make san¬
guinary punishments less necessary, houses ought to be provided for
punishing by hard labour, those who shall be convicted of crimes not
capital; wherein the-criminais shall be employed for the benefit of
tiie 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, whetlier judicial, executive or military, in
authority under tliis 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 all^iance»
I — do swear (or affirm) thatl w ill be true and faitfi-
ful to the commonwealth of Pennsylvania : And that I will not direct¬
ly or indirectly do any act or thing prejudicial or injurious to the coff-
stitution or government thereof as establisiied by the convention.
The oath or affirmation of office.
J ____ - do swear (or affirm) thatl will faithfully execute
the office of for the of and 1 will do equal
right and justice to all men to the best of my judgment and abilities,
.according to law. . „ u • .i
Sect. 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 pur¬
pose ; anubefore any law be made for raising it, the purpose for vvhich
any tax is to be raised, ought to appear clearly to the lepslature to be
of more service to the community than the money would he, if nut col¬
lected, which being well observed, taxes can never be burthens.
rROCEEDINCS OF
Sect. 48. Everj' foreigner of good character, who comes to settle ia
this state, having first taken an oatii or affirmation of allegiance to the
same, may purchase, or by other just means acfjuiie, hold and transfer
land or other real estate, and after one year's residence, shal 1 be deem¬
ed a free denizen thereof, and entitled to all the rights of a natural
born subject of this state, except that he shall not be capable of being
elected a representative until after two years' residence.
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 oth¬
er lands therein not inclosed, and in like manner to fish in all boata»
ble waters and others not private property.
Sect. 44. A school or schools shall be established in each county by
the legislature for the convenient instruction of youth, with such sa¬
laries to the masters paid by the public as may enable them to instruct
youth at low prices: And all useful learning shall be duly encourag¬
ed and promoted in one or more universities.
Sect. 45. Laws for the encouragement of virtue, and prevention of
vice and immorality, shali> be made and constantly kept in force, and
provision shall be made for their due executiop: And all religious so¬
cieties or bodies of men heretofore united or incorporated for the ad¬
vancement of religion and learning, or forother pious and charitable pur¬
poses, shall be encouraged and protected in the enjoyment of the pri¬
vileges, immunities and estates which they were accustomed to enjoy
or could of right have enjoyed under the laws and former constitution
of this state.
Sect 46. The declaration of rights is hereljy , declared to be a paré
of the constitution of this commonwealth, and ought never to be viola*
ted on any pretence whatever.
Sect. 47. In order that the freedom of this commonwealth may be
preserved 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 seven hundred and eighty-three,
and on the second Tuesday in October,in every seventh year thereafter,
two persons in each city and county of this state, to be called The
Council of Censoks, who shall meet together on the second Monday
of November next ensuing their election; the majority of whom shall
be a quorum in every case, 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 invio¬
late in every part; and whether the legislative and executive branch¬
es of goivernemnt have performed their duty, as guardians of the peo¬
ple, or assumed to themselves or exercised other or greater powers
than they are entitled to by the constitution; they are also to enquir»
whether the public taxes have been justly laid and collected in all parts
of this commonwealth, in what manner the public monies have neen
disposed of, and whether the laws have been duly executed: For these
purposes they shall have power tç send for persons, papers and re¬
cords; they shall have authority to pass public censures, to order im-
[teachments, and to recommend to the legislature the repealing such
aws as appear to them to have been enacted contrary ,to the princi¬
ples ot 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 said council of censors shall also have power to call
a convention, to meet within two years after their sitting, if there ap.
THE CONVENTION OP 1776
65
pear tó them an absolute necessity of amending any article of the
constitution, which máy be defective, explaining such as may be
thought not clearly expressed, and of adding such as are necessary
for the preservation ol the rights and happiness of the people; but thp
articles tobe amended, and the amendments proposed, and such arti¬
cles as are proposed to be added or abolished, shall be promulgated at
least six months before the day appointed for the election of such con¬
vention, for the previous consideration of the people, that they may
have an opportunity of instructing their delegates on the subject.
On motion. Ordered, That the president and every member of this
convention present, do sign the same, which was accordingly done, by
the following members of the convention;
' Philadelphid city,
Timothy Matlack,
Frederick Kühl,
James Cannon,
George Schlosser,
David Rittenhouse.
Philadelphia county,
Robert Loller,
Joseph Biewer,
John Bull,
William Coates.
Bucks county.
John Wilkinson,
Samuel Smith,
John Keller,
William Vanhorn,
John Grier,
Abraham Van Middleswarts
Joseph Kirkbride.
Chester county.
Benjamin Bartholomew,
Thomas Strawbridge,
Robert Smith,
Samuel Cnnaingham,
John Mackey,
John Flemming.
Lancaster' county.
Philip Marsteller,
Thomas Porter,
Bartrain Galbreath,
John Hubley,
Alexander Lowrey.
Fork county.
James Ed^ar,
James Smith,
Cumberland county.
John Harris,
Jonathan Höge-,
William Clarke,
Robert Whitehill,
William Duffield,
James Brown,
Hugh Alexander,
James M'Clean.
Berks county,
Jacob Morgan,
Gabriel Hiester,
Benjamin Spyker,
Valentine Eckert,
Charles Shoemaker,
Thomas Jones, jr.
JSTorthampton county.
Simon Driesbach,
Jacob Arndt,
Peter Burkholder,
Jacob Stroud,
Neigal Gray,
Abraham Miller,
John Ralston.
Bedford county,
Benjamin Elliot,
Thomas Coulter,
Joseph Powell,
John Burd,
John Cessna.
John Wilkins,
Thomas Smith,
Mrthïimberland county.
William Cooke,
James Potter,
Robert Martin,
Matthew Brown,
Walter Clark,
John Kelley,
James Crawford,
John Weitzell.
Ô
COÜNélL Oi' CENSORS.
Tresímoreland county John Moore,
James Karr, John Carmidiael,
Hdward Cook, John M'Clellan,
James Smith, Christopher Lavingair:
BENJAMIN FRANKLIN, President.
Attest—-John Morris, jr. Secretary.
Ordered, That the constitution of this commonwealth, as now agreed
to and signed by ihe members of this convention, be committed to the
charge of the council of safety, with directions to deliver the same to
the general assembly of this state, at their first meeting, immediately
after they shall have chosen their speaker.
On motion, Resolved, That Mr. Rittenhouse, Mr. Cannon and Mr.
Matlack, be a committee to settle the incidental expenses of this con¬
vention.
On motion. Resolved, That the president of this convention be al¬
lowed the same wages as the speaker of the late house of assembly, and
that the vice president draw an order on the state treasurer for the
amount thereof.
On motion. Resolved, That Mr. Rittenhouse, Mr. Jacobs and Rfr.
Clymer, be a committee to prepare the seals for the future legislature
and executive council of this state.
Resolved, Tnat immediate public notice be given by the secretary,
that the freemen of this state are empowered by the frame of govern¬
ment this day passed, to choose at their next election for representa¬
tives, in the city of Philadelphia, and each county, one person as a
councillor of state.
Resolved, That .Mr. Cannon, Mr. Rittenhouse, Col. Matlack and
Col. Bull, be a committee to revise the minutes of this convention, and
print 250 copies of the same, together with the constitution, ordinan¬
ces, &c. (one hundred of which to be bound; for the use of the mem¬
bers of this House.
Resolved unanimously. That the thanks of this convention be given
to the president, lor the honor he has done it, by filling the chair du¬
ring the debates on the most important parts of the bill of rights and
frame of government, and for his able and disinterested advice there¬
on.
Then the convention rose.
PART III.
1.
COUNCIL OF CENSORS.
■.i view of the proceedings of the first session of the Council of Censors^
convened at Philadelphia, on Monday the lOth day of November,
one thousand seven hundred and eighty three.
MONDAY, November 10, 1783.
Pursuant to the 47th seçtion of the constitution of this common¬
wealth, a number of gentlemen elected as censors for the city and se-
COUNCII. OP CENgOßS. 67
veral counties, met at the state house, in Philadelphia, but a quorum
not appearing, tliej adjourned from day to day, until
THURSDAY, November 13i/i, 1783.
returns of the elections held in the city of
Philadelphia, and the several counties of this state, were transmitted
by the supreme executive council, and read, and it appeared that the
'mm wing gentlemen were elected:
For the cUij oj Philadelphia.
Samuel Miles,*' Thomas Fitzsimons,
For the county of Philadelphia.
Frederick A. Muhlenburg, Arthur St. Clair.
For the county of Bucks.
Joseph Hart, Samuel Smith,
For the county of Bedford.
David Espy, Samuel Davidson.
For the county of Chester.
Anthony Wayne, John Evans.t,
For the county of Lancaster.
John Whitehill, Stephen Chambers.
For the oounty of York.
Thomas Hartley, Richard M'Allister.
For the county of Westmoreland.
John Smiley, William Finley.
I For the county of Cumberland.
James M'Lenc, William Irvine.
For the county of Berks.
James Read, Baltzer Gehr,
For the county of Northampton.
John Arndt, Simon Dreisbach.
For the county of TFashington.
James Edgar, John M'DowelU
For the county of Northumberland.
Two different returns.—it was decided by the council, on the 26th
November, 1783, that William Montgomery and Samuel Hunter,t
were duly elected.
The council proceeded to the election of a president, and the bal¬
lots being taken, it appeared that the honprabie Frederick Augustus
Muhlenberg, Esq. was unanimously elected.
The council then proceeded to business; officers were elected, rules
for conducting the business of the council were appointed, &c.
' Samuel M iles, resigned his seat on die 8tli of June, 1784, and George Bryan
was elected in his room, who took his seat June 24, 1784.
I James .Moore, was elected in tlie room of Jolin Evans, deceased, and took his
seat on tlie 30th December, 1783.
1 James Potter, was elected in tlie room of Samuel Hunter deceased, and took
hU seat on the 7tji July, 1784.
68
COUNCIL OF CENSORS.
WEDJ^ESDAY,JSovemher 19, 1785.«
Ordered, Tliat Mr. t'itzsimons, Mr. Wayne, Mr. Smiley, Mr. Ir¬
vine and Mr. Read, be a committee to enquire and report, whether the
constitution has been preserved inviolate in every part.t
THURSDAY, December 4, 178S.
Resolved, That the council will on Monday the 15th instant, resolve
itself into a committee of the whole, to consider whether there is a ne¬
cessity for amending any article of the constitution, which may be de¬
fective; explaining such as may be thought not clearly expressed, and
of adding such^asare necessary for the preservation of the rights and
happiness of the people.
WEDNESDAY, December 17, 1783.
Ordered, That the committee appointed November 19, to enquire
whether the constitution has been preserved inviolate, in every part,
be instructed to enquire, whether the legislative and executive branch¬
es of government have performed their duty, as guardians of the people,
or assumed to themselves, or exercised other or greater powers than
they are entitled to by the constitution.
THURSDAY, Januray 1,1784.
\
The council resolved itself into a committee of the whole, Mr. M'-
Allister in the chair, to consider whetiier the constitytion of this state
is perfect in all its parts, or whether the same requires any amendment
or alteration.
After some time the president resumed the chair, and the chairman
delivered in a report, which was read and laid on the table.
FRIDAY, January 2, 1784.
The report of the committee of the whole was read, and the follow¬
ing resolution was adopted.
Resolved, That some articles of the constitution of this common¬
wealth, are materially defective, and absolutely require alteration and
amendment.
• On the 19th of November; two petitions signed by sundry inhabitants of tlie
■city and county of I'hiladclpliia, were presented, setting tbrtlt tliat the freedom of
election, and the laws and constitution of the commonwealth liad been violated at
the last election, and praying to be heard in support of the facts alleged, and that
the election in the saiil city and county be declared null and void.
This petition was referred to a committee, on the 21st November, and tlie exami¬
nation ottlie case occupied much of the time and attention of the council, dii the
81st ot December the report of the committee, that títere appeared no just ground
vr legal cause for setting aside the election, was adopted.
f On the 20tli January, J784, Mr. M'.\Uister and Mr. Finley, were added to tili«
committee—On the 24th June, 1784, Mr. Pry an and Mr Moore, were added to the
committee.—On the 7th July, 1784, Mr. Potter wa^ added to tlic committee.—Qn
the 14t]i July, 17Ö4, Mr. M'Lcitc iv,ts added to the committee.
COUNCIL OF CENSOnS.
69
On motion, Resolved, That a committee be appointed to report
tliose articles of the constitution, which are materially defective and
absolutely require alteration and amendment, agreeable to the forego¬
ing rÈèolution. The members chosen, were Mr. Miles, Mr. Fitzsim-
ons, Mr. St. Clair, Mr. Hartley and Mr. Arndt.
S^TURDJIY, January 3, 1784.
Resolved, That it be an instruction to the committee appointed to
report those articles of the constitution, which are materially defec¬
tive, and absolutely require alteration and amendment, to report the
alterations and amendments.
SATURDJIY, January 17, 1784.
The committee appointed to enquire, whether the constitution has
Jbeen preserved inviolate in every part, and whether the legislative and
executive branches of government have performed their duty as guar¬
dians of the people, or assumed to themselves, or exercised other or
greater powers than they are entitled to by the constitution, deliver¬
ed in a report, in part, which was read and ordered to lie on the table.
The committee appointed the 2d instant, to report those articles of
the constitution which are materially defective and absolutt-ly require
alteration and amendment, and who were instructed to report the al¬
teration» and amendments, delivered in a report, which was read and
laid on the table.
MOJSTDAY, January 19, 1784.
Tiie council proceeded to consider the report of the committee on
the defects and alterations of the constitution, and the same was read
the second time, by paragraphs, considered, amended and adopted, and
^s in the following words, viz.*^
Your committee, to whom it was referred to report those articles of
the constitution which are defective and the alterations and amend¬
ments, beg leave to report.
That by the constitution of the state of Pennsylvania, the supreme
legislative power is vested in one house of representatives, chosen by
aU those who pay public taxes. Your committee humbly conceive, the
said constitution to be in this respect materially defective.
1. Because if it should happen that a prevailing faction in that one
house was desirous of enacting unjust and tyrannical laws, there
is no check upon their proceedings.
• The yeas and nays were taken upon the adoption of the several paragraphs,
andtlie votes upon every question, were as follow:
Yl^AS.
Samuel >riles, Arthur St. Clair, Stephen Chambers William Irvine,
Tilomas i'itzsimons, Anthony Wayne, Thomas Hartley, John Arndt,
Fredk K. Mulilenberp, James Moore, ttichard M'Allister, David Espy.
NAYS.
Joseph Hart, Baltzer Gelir, John Smiley, James Edgar,
Samuel Smith, Simon Dreisbach, William Finley, John M'Dowell-
Jóhn WhitçhiÎl,
70
t:OrNCIIu OF CENSORS.
.2. Because an micontrolied power of legislation will always enable the
body possessing it, to usurp both the judicial an i the executive
authority, in which case no remedy would icraaiu to the people
but by a revolution.
That by the said constitution the supreme executive power is dele¬
gated to a council. Your committee conceive the s.iid constitution to
be in this rèspect materially defective.
1. Because the constant sitting of a council is expensive and burthen-
some.
2. Because a numerous body of men, though possessed of wisdom ne¬
cessary for deliberation, will never possess the decision necessary
for action on sudden emergencies.
3. Because where a council act either weakly or wickedly, there is no
individual so accountable to the public, as every man ought to
be in such cases.
■4. Because a single man would never be able of himself to do such acts
as he may persuade a majority of his council to concur in, and
support by their numbers
5. Because the election of the presideht being by joint ballot of the
council and assembly, if a prevailing faction should ever iiappen in
the assembly, so as to lead a considerable majority, the president
thus chosen, will have nothing to fear from the legislatuie, and liy
influencing the council, would possess exorbitant authority, witb-
; outbeing properly accountable fur the exercise of it.
That by the said constitution the judges of the supreme court are to be
commissioned for seven years only, and are removable (for misbeha¬
viour) at any time, by the general assembly. Your committee con¬
ceive the said constitution to be in this respect materially defective.
1. Not only because the lives and property of the citizens, must in a
great degree depend upon the judges, but the liberties of the state
are evidently connected with their independence.
2. Because if the assembly should pass an unconstitutional law, and
the judges have virtue enough to refuse to obey it, the same as¬
sembly could instantly remove them.
3. Because at the close of seven years, the seats of the judges must de¬
pend on the will of the council; wherefore the judges will natural¬
ly be under an undue bias, in favor of those upon whose will their
commissions arc to depend.
That great care is taken by the said constitution to establish a rota¬
tion in sundry offices, whicli your committee iiumbly conceive to be im-
prpvident.
1. Because the hope of re appointment to ofltce, is among the strangest
incentives to the ilue execution of the trust it confers.
2. Because the state is thereby necessarily deprived of the service of
useful men for a time, and compelled to make experiment of oth¬
ers, who may not prove equally wise and virtuous.
3. Because the check intended by such principle of rotation, can be of
no good effect to repress inordinate ambition, unless it were ex¬
tended so as to preclude a man from holding any office whatever;
4. Because the privilege of the people in elections, is so far infringed
as they are thereby deprived of the right of choosing those persons
whom they would prefer.
Your conimittee having thus briefly stated the leading objections to
the constitution, proceed tvith all possible deference, to point out thq
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articles they recommend to te struck out, and to propose the amend¬
ments. And first.
In the bill of rights, section 9; that there be added after the words,
"judgment of his peers," of the vicinage. Because the verification of
the tacts in tiie vicinity wiiere they happen, is one of the greatest se¬
curities to life, liberty and happiness.
That as there is no clausein the bill of rights, to prevent retrospec¬
tive laws being passed, your c.immiUee submit the following.
Laws made to punish'for actions done before the existence of such
laws, are unjust, tyrannical and oppressive, and inconsistent with the
fundamental principles of a free government: nor ought any citizen in
any case, to be declared guilty of treason or felony by the legislature.
That sections 1 and 2, of the constitution be left out, and the follow¬
ing substituted.
The supreme legislative power within this commonwealth, shall be
vested in two separate and distinct bodies of men; the one to be cal¬
led the legislative council, the other to be called the assembly of the
commonwealth of Pennsylvania; who shall meet once, at least, in every
year, for the despatch of public business, and shall be stiled the gene¬
ral assembly of Pennsylvania.
In lieu of section we submit the following :
There shall be a principle executive magistrate, who shall be stiled
the governor of the commonwealth of Pennsylvania.
That sectipn 5 be altered .and stand amended as follows.
The freemen of this commonwealth and their sons shall be trained
and armed for its defence, under such regulations, restrictions and exr
captions as the general assembly shall by law direct.
Because an uniformity in the constitution and discipline of the mili¬
tia throughout the United States may be essential to its usefulness, and
Because the general assembly being tiie representatives of the peo¬
ple, will in a point so essential to tiieir security and happiness, make
the law conformable to the opinion of their constituents, and to the
interest of the commonwealth.
That in section 6, two years' residence be inserted instead of one
year.
In the room of section 7, the following is submitted :
Tiic general assembly of this commonwealth shall consist of per¬
sons most noted for wisdom and virtue, to be chosen by the freemen
of every city and county therein respectively, and no per^on shall be
elected unless he shall have resided in the city or county for which he
shall be chosen, one year immediately before the said election : Nor
shall any member, while he continues such, hold any other office, ex¬
cept in the militia,
.Section 8 to be left out, for the reasons given on the principle of
rotation.
'i'he members of the gener.al assembly shall be chosen annually, by
ballot, by the freemen of this commonwealth, on the second Tuesday
in October for ever, and shall meet on the (burth Monday of the same
month. They shall be styled the assembly of the commonwealth of
Pennsylvania; shall have power to choose their speahe., their other
Dccessary uificcrs^ anil the treasurer ot the state; they shall judge ot
the elections and qualifications of their own members; may expel a
member, but not a second time forihe same cause; they may adminis¬
ter oaths or affirmations, on examination of witnesses ; impeach state
COÜNCilL OF CENSORS,
criminals, and may preparé bills to be passed into laws. All money
bills shall originate in the assembly only, but they shall not on any oc¬
casion annpx Í0 or blend with a money bill any raattér, clause or thing,
not immediately relating thereto, antf necessary for imposing, assess¬
ing, levying or applying tlie taxes or supplies to be raised for the sup¬
port of government, or the current expenses of the state, but shall have
ail other powers, necessary for one branch of the legislature of a free
state or commonwealth.
In section 10, a quorum of the assembly shall consist of two-thirds
of the whole number of members elected, but a smaller number shall
have power to adjourn from day to day.
And add to the section the following clause.
The members of the legislative council and of the assembly, shall
each of them (after they have chosen their president and speaker, and
before they proceed to other business) take and subscribe the oath or
affirmation of fidelity and allegiance, and the declaration directed tö
be taken by the members of assembly, in the 10th section of the con¬
stitution.
That section 11 stand amended as follows :
Delegates to represent this commonwealth in congress, shall be cho¬
sen by the joint ballot of the future general assembly, at their first
meeting, annually, for ever. Any delegate may be superseded at any
time by the general assembly, appointing another in his stead. N#
man shall sit in congress more than three years in any term of six
years,; and no person, while he holds any office in the ¿ift of congress,
shall hereafter be elected to represent this commonwealth in congress.
Section 12, being provided lor by section 10, to be left out.
Section 13, instead of " the doors of the house," to insert " the doors
of each house."
That section 14 be altered, and stand amended as follows :
The votes and proceedings of the general assembly shall be printed
weekly during their sitting, with the yeas and nays on any question,
vote or resolution, when any two members require it, except when the
vote is taken by ballot. We propose that tlie remainder of the sec¬
tion be left out.
Because we conceive the entering the dissent on the minqtes, with
reasons, only tends to foment party disputes, weaken the force of
the laws, and impede their executiqn.
Section 15, we humbly conceive, was always delusory, and if a sec¬
ond branch is agreed to, will be rendered unnecesary.
That section 16 be altered and stand amended as follovys:
The stile of the laws of this commonwealth shall be. Be it enacted,
and it is hereby enacted by the general assembly of the commonwealth
of Pennsylvania, and by the authority of the same.
That section 17 be altered as follows :
Whereas representation in proportion to the number of taxable
male inhabitants, is the best principle which can at all times secure
liberty, and make tlie voice of the people the law of the land : There¬
fore the general assembly shall cause complete lists of the taxable
male inhabitants, in the city and each county of the commonwealth
respectively, to be taken, and returned to them on or before the last
meeting of the general assembly, wliich shall be elected in the year
, who shall in the year appoint a representation in
ine general assembly, in proportion to the nqmber of taxables in such
COUNCIL OF CENSORS.
returns, in the ratio of ^250 taxables for each representative in as¬
sembly, and of 2500 taxables for each representative in the legislative
council, which representation shall continue lor the ensuing seven
iears, at the end of which term a new return of the taxable male in-
abitants shall be made, and a representation agreeably thereto ap¬
pointed by the said general assembly, and in like manner septennially
ibr ever.
And in order to prevent a too numerous representation, which would
be expensive and burtheuíome, the representatives in assembly shall
never exceed 100 in the whole; nor shall the representatives in the
legislative council ever exceed 50; to prevent which, the ratio shall be
laltered from time to time, as the number of taxables increase, so as to
preserve an equal representation in proportion to the taxable male in¬
habitants.
That section 18 be altered as follows :
In order that the freemen of this commonwealth may enjoy the ben¬
efit of election as equally as may be, they shall meet annually at such
convenient place or places within the city and each county respec¬
tively, as the law may hereafter direct, and there choose their repre¬
sentatives and other elective officers; and no inhabitant of this state
shall have more than one annual vote for i-epresentatives in the assem¬
bly and m the legislative council ; nor shall any pei son be admitted to
vote except in the city or county in which he shall be an inhabitant.
That section 19 be struck out, ami the following substituted :
To the end that the blessings of free and equal government may be
extended and secured to the good people of this commonweaitb, and
that the laws may be more maturely considered, there shall be a le¬
gislative council, which for the present and until a return is taken as
heretofore directed, shall consist of twenty-nine persons, who shall be
chosen by ballot and at the time and at the places appointed for hold¬
ing the elections for members of assembly, and in the following pro¬
portions, that is to say.
The freemen of the city of Philadelphia shall elect 2"'
county of Philadelphia, S
Chester, 3
Bucks, 2^
To serve for three years respectively.
The freemen of the county of Lancaster shall ijlect 41
Sirknd. Ji.per.on,.
Berks, 2J
To serve for two years respectively.
The freemen of the county of Northampton shall elect
Bedford,
Nortliumherland, .
Westinorelaml, 1 i^P^i^sons.
Washington, 1
Fayette, 1,
To serve for one year respectively.
And at the expiration of the time for which each councillor is cho¬
sen to serve, the freemen of the city of Philadelphia and of eaefi
county shall respectively elect the same numbër of councillors for the
city and each county respectively, as is herein directed to serve for
Ifcree years, antl so on e\ery third year. Provided^ however, that the
> persons.
il
5^^ COUNCIL OU CENÍíOKíí.
general assenibly sliali not Ue precluded from altering tlie present
number of representatives, agreeably to the principle already laid down
in the constitution, with respect to the election of members of assem¬
bly, in proportion to the number of male taxables in^the city and each
county. The legislative council shall be the first branch of the legis¬
lature ; shall have power to choose a president, and their other neces¬
sary oflicers. The president shall nave a casting vote on all ques¬
tions in that body, but no other vote except when given by ballot. All
bills (except money bills) may originate in the legislative council or
assembly, and may be altered, amended or rejected by either. They
shall sit on their own adjournments, but neither the legislative council
or assembly shall have power to adjourn themselves fora longer time
than two days, unless by mutual consent. They shall judge of the
election and qualifications of their own members ; may expel a mem¬
ber, but not a second time for the same cause- They shall be a court
with full authority to hear and determine all impeachments against
any officer or officers of the government, for misconduct or mal-ad-
ministration in their offices, either when in office or otherwise, (pro¬
vided the impeachment shall be prosecuted within one year after their
resignation or removal,) and shall take td their assistance (for advice
only) the judges of the supreme courts but previous to the trial of ev¬
ery impeachment, the members shall be respectively sworn, truly and
impartially to try and determine the cause, according to the evidence;
nor shall their judgment extend farther than to removal from office,
and disqualification from holding or enjoying any place of honor, trust
or profit under the commonwealth ; but the party so convicted shall
nevertheless be liable to indictment, trial, judgmpnt and punishment,
according to the laws of the land.
Not less than two-thirds of the legislative council shall be a quo¬
rum to do business, but a smaller number may adjourn from day to
•<lay . All vacancies which may happen by death, resignation or other¬
wise, in the legislative council or assembly, shall be filled up by writ
:from the president of the one and speaker of the other, directed to
the sherili'of the proper county or counties. . .•
The legislative council shall meet at the same time and place with
the assembly, and shall have and enjoy ail the powers necessary for
a distinct branch of a free legislature.
The treasurer of the state, trustees of the loan office, naval officers,
collectors of customs or excise, or any part of the public revenue,
judge of the admiralty, attorney-general, sheriffs and prothonotaries
shall not be eapable of a seat in the general assembly or continental
congress.
That section 20 be left out, and the following inserted :
The governor shall be chosen annu.ally by the freemen of this com¬
monwealth, qualified as is required to entitle persons to vote for
members of asseiubly, at the same time and place or places, which
shall be directed for the choosing of their representatives in the gene¬
ral assembly, where they shall give in their votes by ballot, and elect
some fit pel sun, who shall be a freeholder and shall have resided at
least seven years in the state next before the time of his election ;
which votes shall be sirted, cast up and counted, and fair lists, con¬
taining the names of the persons voted for, and of the number of votes
for each, made by the sheriffs, judges and inspectors, in the same n^an-
ner as is or may be directed by law for ascertajniog the laouabers
COUNCIL OP CENSORS.
elected for the general assembly; which lists, signed and sealed by
the said slieritls, judges and inspectbrs shall be returned by the slier-
j.Ts into the office of the secretary of this commonwealth,
days at least before the time appointed by the constitution'for the
inceting of the general assembly, and the said secretary shall, on the
îirst day of the session, lay before the general assembly the said rè-'
turns, and the two branches together shall forthwith procebd to examine
tlie said returns, and the person having the greatest number of votes
shall be by them declared and published to be governor; but if no per¬
son shall have a majority of votes, the general assembly shall by joint
ballot elect one person out of the two who had the highest number of
votes, or if it should so happen that more than two persons had ao'
equal and highest number of votes, then they shall elect one person from
the whole of those that have such equal and highest number of votes,
and the person so elected shall by them be declared and published to
be the governor.
The governor shall be, in virtue of his office, general and commander
in chief of the militia and all the forces of the commonwealth, and
admiral of the navy of the same; He shall have power to convene the
general assembly on extraordinary occasions, and, at his discretion, to
grant reprieves and pardons to persons convicted of crimes, other than
those that may be convicted on impeachment, or of treason or mur¬
der, in which cases he may suspend the execution of the sentence,
until it shall be reported to the legislature at their subsequent meet¬
ing, and may direct him to pardon, grant further reprieves, or carry
the sentence or sentences into execution : He shall iiave power to
appoint and commissionate the judges of the supreme court and the
judges of the courts of common pleas, naval officers, judge of the ad¬
miralty, the attorney general, and all other, officers civil or military,
except such as shall be appointed by the general assembly, or chosen
by the people, agreeably to the constitution, whom he shall neverthe¬
less commissionate.
It shall be his duty to inform the general assembly, at every session,,
of the condition of the commonwealth, as far as respects his depart¬
ment, and to recommend such matters to their consideration as he
shall think conducive to its welfare. He shall correspond with the
continental congress and with tiie other states, and transact the busi¬
ness of the state vvitii the officers of goverment, civil and military. He
shall take care that the laws be duly executed, and shall expedite such
measures as may be resolved upon by the general assembly.
In case of absence, resignation, removal from office or death of the
governor, the president of the legislative council shall execute all the
powers vested in the governor, until another governor shall be chosen,
or until the governor absent or impeached shall return or be acquit¬
ted ; and in such case the legislative council shall choose by ballot one
of their body to supply the place of the president during the time he
shall exercise the authority of the governor.
All bills which have passed the legislative council and assem¬
bly shall, before they become laws, be presented to the governor for
his révisai, and if, upon revision, he approves thereof, he shall signify
his approbation by signing the same ; but if he objects to the passing
ol such bill, he shall return it, together with his objections in writing,
to the council or assembly in whichsoever it has originated, who shall
cut^ tiie said objections at large upon their records, and proceed to
70
COUNCIL OF CENSORS.
reconsider the said bill. Birtif, after such reconsideration, two-thirds
of the legislative council or assembly shall, notwithstanding the said
objections, agree to pass the same, it sliall, together with the objections,
be sent to the other branch of the legislature, wliere if shall also'be
reconsidered', and if approved by two-tiiirds of the members present,
it shall have the force of a law, but in all such ca>es, the votes of both
houses shall be determined by yeas and nays, and the names of the
persons voting for or against the said bill, shall be entered on their
records; and in order to prevent unnccessaiy delays, if any bill shall
not be returned by the governor within days after it shall
have been presented, the same shall be a law, unless the general as¬
sembly shall by an adjournment render a return within
days impracticable, in which case the bill shall be returned on the
first day of the meeting of the legislature, after the expiration of the
said days.
A secretary shall be elected by the joint ballot of the legishiáive
council and assembly, and shall be commissione'i by the governor for
the time being. He shall be keeper of the seals of the state, and
shall under the direction of a committee of both branches of the legis¬
lature, affix the seal to the laws when the same shall be enacted : > He
shall countersign all commissions signed by the governor, and all or¬
ders drawn by him on the treasury of the state, for monies appropria¬
ted, as well as all marriage ami tavern licenses, and perform the other
duties which may be enjoined on iiiin by the constitution or laws of
this commonwealth. He shall keep fair records of his proceedings,
to be laid before either house of the legislature, when called for,:and
shall attend the governor or either house when required.
That section 21 be altered, and stand amended as follows:
All commissions shall be in the name of the commouwealth of Penn¬
sylvania, sealed with the state seal, signed by the governor or the
ierson exercising the powers of governmeut for the time, and attested
y the secretary. , - -,
That section 22 be altered as follows :
Every officer of this commonwealth, whether judicial or executive,
shall be liable to impeachment by the assembly, either in oliice, or at
any time within twelve months after removal or resignation, formal-
administration; and all impeachments shall be before the legislative
council, who shall hear and determine the same.
The judges of the supreme court and of the respective courts of com¬
mon pleas, shall iiave fixed salaries ; shall be appointed and commis¬
sioned by the governor, and shall hold their appointments and salaries
during good behaviour; they may be removed by the governor, upon
the address of the general assembly, provided that two thirds of each
house agree to such address ; they shall not be capable of sitting in the
continental congress or general assembly, nor to bold any other office,
civil or military, nor shall they take or receive any fees or perquisites
of any kind.
That section SO be altered as follows : .
Justices of the ¡u'ace shall be elected by the freeholders of each city
and county respectively, that is say, two or more persons may be cho¬
sen for each ^yard, township or district, as the law shall hereafter di¬
rect, and their names shall be returned to the governor, who shall
commissionate one or more of them lor each ward, township or dis-
tiict so j;cturning, for seven years, removable by the governor on the
COTTNCrL OF CENSORS.
rr
address of the general assembly ; but if any city or county, ward, town '
ship 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
samo 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 resign his
commission, nor shall he be allowed to take any fees nor any allow¬
ance or salary, except such as are or may hereafter be granted by
law.*
That in section 51 "governor'' be inserted in the room of "presi¬
dent and council."
That in section 33 the folliuwing words be struck out, "unless alter¬
ed or abolished by the future legislature."
Because in our opinion the restriction should be absolute, and not
subject to the will of any future general assembly.
That in section 34, instead of " president and council," "governor"
be inserted.
•, That in section 40 the words " as established by the conven^pn,"
be left out.
That section 42 be amended as follows ;
Every fareigner of good character, who comes to settle in this state,
having first taken an oath or affirmation of allegiance to the same, may
purchase or by other just means acquire, hold and transfer land or
other-'real estate; and alter two years' residence shall be deemed a
free denizen thereof, except that he shall not be capable of being
elected a representative in assembly or in the legislative council, or
of being elected or appointed to any office of trust gntii he has resided
in the state five years.
That section 47 be left out.
. , Your committee beg leave to add, that the confused manner in
which the constitution is thrown together, is justly exceptionable; at
the same time to remark, that their report will be liable to the same
objections, because they have thought it their duty to follow the con¬
stitution in the order in which it stands, and to propose the alterations
and amendments to each in the same order.
Dissentient.
1. Because the report is a manifest violation of the 47th section of
the constitution under which we are appointed. We think it a duty
we owe to ourselves and our constituents, to state fully and circum¬
stantially the proceedings of this council, previously to the decision of
the present question, in order that our own characters may stand ac-
• In the report as made by the committee, the following was the proposed sub¬
stitute tor the 30th section : ' • •
■ "J iistices oftthe peace ishall be elected by the fiieeholders of each city and county
respectively, as the law sliall hereafter direct# and their names shall he returned t»
the,governor, shall coinmissionate one or more of them for each wai-d, town
"or.district so relui ning', for seven years, removable by the governor for misbeha¬
viour iri office, on the address of the general assembly. No justice of tlie peace shall
he'iillowed to take any fees, salary'or all'owance, except such as are grtoited by
law," This Was negatived in council, and tíie above'was agreed to. ' -
78
COUNCIL OP CENSORS.
quitted and that our constituents, whose,happiness, together with our
own, is so intimately connected with it, may be enabled to form ar
proper judgment. . , '
On the 4th December last, the council resolved itself into a ccunmit'
tee ofthe whole, to consider " wlietiier tiiere is a necessity of amend¬
ing any article of the constitution, which may be defcctive„cxplain-
ing such as may be thought not clearly expressed, and of adding sucii
as are necessary for the preservation of the rigiitsand happiness of the
people." On the 1st of January, instant, the committee of the whole
inaae report: " That some articles of tiic constitution of this common¬
wealth, are materially defective, and absolutely rei|uire amendment"
"Which was read thedirst time, and ordered to lie on the table. On
the 2d of January, the above report was iaken up for the second rea¬
ding, when it was fully debated, and previoasly to the question being
put on it, a member who voted against, and another who voted for the
report, expressly and repeatedly declared (which the whole council ac¬
quiesced in) " That the decision of this question was to determine ab¬
solutely, whether a convention was to be called or not." Upon the
question being put, it appeared that of all the members elected there
were nut twelve for adopting .the report, and ten who were present,
against it; and although the minutes ofthe council say it was carried
in the affirmative, yet, as the constitution expressly requires twotiiirds,
at least, of all the censors elected, wliich is eighteen, to concur in pro¬
posing changes in the frame of government; we are warranted in say¬
ing, it was deMrmined by more than the number rerpiired, that there
-does not exist a necessity of making any alterations. Therefoie, ive
teonsider the appointment of a committee, after thjs, to bring in prov
positions for altering the forni of government, and all the subsequent,
proceedings of the:Council on,the,subject, as factious, iUegal and estab¬
lishing an alarming precedent. \Ve cannot suppose that an appeal to
the people at large, is again intended,,for,this council is anthorised
40 deliberate and determine upon the piopriety of making changes.
Hesides, that appeal has been repeatedly made, and as often decided
with unexampled unanimity in favor pf the constitution. It is also in¬
consistent with the idea of representation, and subversive of all le^^al
and orderly government. If liowever, this appeal be intended from
the cotmcil toits constituents, we wish ittqbeso staled; if to the con¬
vention; we have already decided by the constitutional number, that no
convention is to be called.. Should good order and govermnenLUe un¬
hinged by this step.yve persuade ourselves, that we liave as little to
fear as those who so violently urge the present measure..
2. Because we consider it; as an essential principle in every consti¬
tution, that it shall not bp, lightly changed. Clogs and difficulties have
therefore, with great wisdom been thrown in the way of all attempts
to change fundamental principles, , In ours, the spirit of the constilu-
tiopi requires,,that,in the course of seven years, faults of so alarming a
tendency should be discovered, as to induce two thirds at least, of all
the censors elected, tp concur in proposiljytMig fpr.a change. This we
conceive to be a principle essential to the preservation of any consii-
tutipn, whatever; without it, we shall UcrSubject to continual lluctua-
tions, a,pd we fearTall.into anarchy or tyranny.
3. Because we are convinced, that the same departure from the
rule, which, is prescribed, by the constitution, fur., the calling of a
cDBventiou, will be perverted to authorise, that convention, when
COr>.ClL OF CENSORS.
79
á^ilembled (by wliatever means) to proceed to furtlicr and more èx-
1ravaj;:int innovations (if p(jssible) than any of those which have
been hitherto proposed, or at least avowed. If we suffer ourselves
to be carried away by the tide of the party prevailing in the place
where we happen at present to convene, we feartliat the state may be
jdirnged into inetricvable destruction, ^^'e may be happy in the pre¬
servation ot a free constitution; we tremble for the consequences of
so wild a departure from the very principles which many of us have
sworn to observe, and all of us profess to obey.
4. Because we recollect the present constitution was formed with
great harmony, at the most auspicious period of time, wiien the flame
of patriotism shone brightest, when the good people of the state were
impressed with no otiier idea than that of acquiring and maintaining to
themselves and tiieir posterity, equal liberty, wlicn no factions were
formed with ambitious or mercenary motives. AVe have seen it sun-
port the safety and happiness of the state against a most formidable
enemy without, with every embarrassment of a most indefatigable and
insidious party within. We hoped, as the constitution had pointed
out an orderly mode of reconsidering every part of our proceedings at
the end of seven years, that peace and hai inony would have prevailed
in the review, if we are disappointed, we must sscribe it to those who
have undertaken to propose articles for alteration, wlieh no legal body
is constituted for making those alterations, and when it has been al¬
ready decided, upon the principles of the constitution, that a conveur
tion shall not be called.
5. Because the present constitution, with all the pretended aulta
and imperfections, which have been so industriously searched out and
ascribed to it by men who wanted an excuse for real disaflection or fac¬
tious views, has stood the test of the most arduous trial, at a time when
vigor and energy were indispensably necessary in the execution of
measures essential to our safety, among a people of whose purity, in.
some parts of the state, we cannot boast.
6. Because the alterations proposed will introduce a form of go¬
vernment much more expensive, burthensome and cdmplicated. But
what we dread more than expense and delay, they tend to introduce
aii.ong the citizens new and aristocratic ranks, with a chief magistrate
at their head, vested with powers exceeding those which fall to the or¬
dinary lot of kings. We are sufficiently assured, that the good peo¬
ple of Pennsylvania, most ardently love equal liberty, and that they
abhor all attempts to lift one class of citizens above the heads of the
reast, and much more tiie elevating any one citizen to the throne of
royalty; and herein \^e are confident we speak not only the language
of our constituents, but that we proclaim also the voice of (jod and na-
ture.
r. Because we have been taught to believe, tlmt many free constifu-
lions have been destroyed for want of the means of reducing them at
fixed periods to their fjrst principles. This has been constanty recom¬
mended by the greatest and best political writers, is fully established
in the I4th section of our bill of rights, and has been wisely provided
for by tlie 47th section of our frame of government. This salutary pro¬
vision, among others, is now attempted to be destroyed, so that no
guard may remain .against innov.ations, no check may be left against tiie
encroachuients of power. Hereafter, if the present attempt should
succeed, no const]tution,al mp^c can be appealed to, upon the most at-
80
COÜNCIL OF CENS GUS.
trocious and alarming abuses of government. Nothing will remain to
the people, but the dreadful appeal to arms, to which so^many before
us have been reduced to the necessity of applying: An appeal treciuent-
ly unsuccessful, and always dangerous ; dangerous even m case o
victory, because the conquérors, even under the standard of liberty
have so often proved tyrants. A legal mode is inlinitely to be prelei-
red, and we think ought always to be preserved.
The following resolution w£fs adopted, yeas 13, nays 9.
Whereas the dissentients to the report of the committee appointed
to propose alterations and amendments in the ronstitution, have among
other things, stateil that on the 2d of January, when the report of a for¬
mer committee on the constitution was under consideration, "A mem¬
ber who voted against, and another who voted for the report, express¬
ly and repeatedly declared (which the council acquiesced in) that the
descision of this question was to determine absolutely whether a con¬
vention was to be called or not." Therefore,
Resolved, That the council did not then, nor at any time since,' ac¬
quiesce or agree in the opinion, that the vote of the 2d of January, de¬
termined the question as to calling a convention.
The following address was then presented to the chair, and on mo¬
tion, the same was read the second time and adopted, viz.
Friends and jellow citizens,
" ' Agreeably to the trust, reposed in" us, we have met and seri¬
ously deliberated upon those matters submitted to our consideration,
by the constitution of this state.
The most weighty subject that has come before us, is the constitutioti
itself. To that therefore, whilst we have not neglected the others, we
have principally directed our attention. We have examined it with
candor; we have compared it with the constitutions of other states; we
have discovered some of its defects; we have suggested the necessity
of abolishing such parts of it as are expensive and burthensome, and
dangerous to your liberties, and have with great deference thrown out,
for your consideration, such alterations as appear to us to be best cal¬
culated to secure to you the blessings of free and equal government.
By the report of bur committee which accompanies this address,
you will perceive that though the majority of this council approve of
the alterations, considering them essential to your existence as a free
people, it has not yet met with the concurrence of two-thirds of our
vvhole number, which the constitution has made necessary to enable us
to call a convention. We are' strangers to the motives of the minori¬
ty, for refusing to give you an opportunity to judge upon a matter, you
and we,and all our posterity are so deeply interested in, while by their
silence Upon the subject ot the report, they have confessed that the
constitution wants amendment. By refusing to indulge you in a con¬
vention tor that purpose, they hold up consequences from that meeting
that are dishonorable to freemen. They have indeed had the power to
Joseph Hart,
Samuel Smith,
John fVhitehill,
Simon Dreisbach
Baltzer Gehr,
John Smiley,
William Finleiji
James Edgar,
John JWDowelL
WEDNESDAY, January 21, 1784.
eOÜNCIL OP CENSORS.
81
prevent it for the present, in the manner pointed out by the constitu¬
tion:—But their sullen no in this couacil cannot rob you of your birth¬
right.
Is it that they were concerned in the framing of the constitution,
and therefore cannot bear that any fault should be found with it ? This
fondness for the productions of the brain, is a weakness mankind is
subject to But in so momentous a concern, passion and prejudice
should, as far as human nature is capable of it, be laid aside, and the
arguments offered, weighed with that cool deliberation the subject de¬
serves. Nor can it be in any case, much less in the intricate science
of government, upon which so few have had either leisure or opportu¬
nity to turn their thoughts, an impeachment of any man's judgment, to
say he is mistaken. If » rrors then have crept in, they ought to be cor¬
rected; if there are ambiguities, they should be explained, and if the
system itself is wrong ft-shoutd "be altered.
One cannot hesitate a moment in declaring that all these were na¬
turally to be expected from the time and circumstances under which
the present constitution was formed. Our political ktmwledge was in
its infancy. The passions of the state were unusually agitated. A
large body of inditia were busy in preparing to march to another state
to oppose the progress of the British army. Another body of citizens,
to the ainount of Eve thousand were absent, on the same service, in the
continental army. Amidst the din of arms and the dread of invasion,
and when many wise and able men were nccessa'-iiy absent, whose ad¬
vice and assistance would have been of great use, was it reasonable to
expect that a constitution could be formed proper for a great and grow¬
ing state? And if an improper one was formed, which is our decided
opinion, shall it not be altered or amended?
Let it not be said, that the constitution has carried us triumphant¬
ly through a perilous war; this is far Irom being the case. We owe
all the exertions of Pennsylvania to the virtue of the people. In times
of danger, it is well known, the constitution forsook us, and the will of
our rulers became the only law. It is well known likewise, that a
great part of the citizens of Pennsylvania, from a perfect conviction
that political liberty could never long exist under such a frame of go¬
vernment, were opposed to the establishment ofit, and that when they
did submit to it, a solemn engagement was entered into by its then
friends, that after seven years should be expired, and the enemy driv¬
en from our coasts, they would concur with tl\,em in making the wish¬
ed for amendments. The seven years have elapsed, and our country
now enjoys a peace, favorable to the most temperate deliberations on
the subject of government; but a minority in this council, which by
the absurdity of its constitution, can in this instance bind the majority,
say it is unnecessary. We appeall to your common sense, wliether
such a conduct is calculated to restore order and mutual conEdence.
It may be proper here to remark, that this very minority, although
near one half of the members present in this council, do not represent
one third of you; so that the voice of more than two thirds of the peo¬
ple, if the majority speak your sense, is sunk entirely; and, contrary to
all principles, the lesser number binds the greater. What do these
men fear from a convention? are they afraid to trust you with the ex¬
ercise of the inestimable power of choosing a government for yourselves?
You cannot, you will not injure yourselves in this business. If the
constitution in its present form is most agreeable, you have only to in-
COUNCIL OF CENSORS.
struct your representatives in the convention to adopt it in all its partsi.
You are the sovereigns of Pennsylvania. All the power of the state
is derived from your votes. Nothing can be obligatory on you which
is contrary to your inclinations, or repugnant to your happiness. We
do not quote any part of the bill of rights to prove to you that you
may call a convention, when and in what manner you please. This
privilege is your birth right and no power on earth can deprive you of
it. A e appeal to you therefore, to decide the great question, whether
Pennsylvania shall continue unhappy and distracted under her pres¬
ent constitution, or whether by calling a convention, and amending it,
you will restore harmony amongst yourselves and dignity to your go-
Ternment.
We recommend to your serious consideration, the report of our
committee, which has been adopted by this council and has become one
of its acts. Weigh the reasons upon which it is founded with coolness
and deliberation, and suffer not yourselves to be imposed upon, or your
passions inflamed by artful men, or by words without meaning. We
can have no interest separate from yours; and as to our political prin¬
ciples, when you recollect that all have been the constant opposera of our
British foes, and most of us have risked our lives and fortunes, during
the whole of the contest, you can entertain no doubt about them. The
proposed alterations are not experiments, but are founded on reason
and the experience of our sister states. .The future welfare of your
country is in your hands. If you give liera good government shg will
be great and free. If you mistake in this point, the die wilt be cast,
and you are sealed up to insigniflcance or misery.
We have not the most distant prospect, that the gentlemen in the
minority will concur in calling a convention to amend the constitution,
which we have thought, we hope not improperly, the most important
part of our business; and it is that you might have an opportunity to
instruct them on that subject, that we have at present suspended our
deliberations.
On motion, that the president sign the address, and that it be pub¬
lished with the report, the yeas and nays were as follow:
TEAS.
Samud Miles, Arthur St. Clair, Stephen Chambers William Irvine,
Thomas Fitzsimons, Anthony Wayne, Thomas Hartley, John Arndt.
Eredk A. .Muhlenberg, James Moore, Kidiai-d M'AUister, David Espjt.
J
NAYS.
Joseph Ihart, Bultzer Cehr, Johp Smiley, James Edgar,
Samuel Smith, Simon Dreisbacb,* William Finley, John M'TkitvcU.
John Whitehill, J.ames Head,
The convention then adjourned until 3 o'clock on Tuesday the 1st
ot June, next, P. M.
COUNCIL OF CENSORS.
83
CYia^teï 11.
Jl vii iv of the proceedings of the second session of the council of censors,
convened at Philadelphia, on the 1st of June, 1784.
TUESDAY, June i, 1784.
A number of the members met pursuant to adjournment, but there
not being a quorum present, they adjourned from day to day until
Friday June 4th, 1784, when a quorum appearing, they proceeded to
business, and were engaged until the 5th August following, in the con¬
sideration ol other subjects than those connected with the constitution.
TUESDAY, August 5, 1784.
Resolved, Timt the powers of this council do extend to all abuses
and deviations irom the constitution, which happen as well during the
existence of this council, as previous to its being constituted.
The committee appointed to enquire whether the constitution has
been preserved inviolate in every part, and whether the legislative and
executive branches of government have performed their duty, as guar¬
dians of the people, or assumed to themselves or exercised other or
greater powers than they are entitled to by the constitution,delivered
in a further report,® which was read and ordered to lie on the table.
WEDATESDAY, August 11, 1784.
It was resolved, that the council will on Monday the 16th instant,
take up for a second reading the said report. Monday the I6th of Au¬
gust, tiie council proceeded to the consideration of the reports of the
said committee, read the 17th «if January and the 5th of August, and
the same were considered by paragraphs, amended, and on the 3d of
August adopted, in the words following, viz.
The committee appointed to enquire " whether the constitution has
been preserved inviolate in every part, and whether the legislative or
«xecutive branches of government have performed their duty as guar¬
dians of the people, or assumed to themselves or exercised other or
greater powers than they are entitled to by the constitution," beg
leave to report :
That they have examined and investigated the proceedings of the
legislative body of this state, and that they find various and multiplied
instances of departure from the frame of government But conceiv¬
ing it to be the most important and at the same time the least disa¬
greeable part of the duty of the council of censors to bring the ad¬
ministration back to its first principles, they have selected such and so
many instances of deviation, as are necessary to illustrate and re-es¬
tablish the several leading principles of the constitution. These, for
perspicuity, they have arranged under the respective section. Or clause
of the section violated ; together with the opinion of the committee
Thec»mmitieereported»inparton the 17th January, 1783.
84f
COUNCIL OF CENSORS,
thereon, and their reasons for such opinion ; and they now submit the
whole to the council.
The journals of the general assembly and the laws passed since the
revolution, have furnished all the cases referred to ; because by the
second statute of this commonwealth, in section 3, the acts of assem¬
bly of the late provihce of Pennsylvania, are revived and declared to
be law within the state, so far only as they are not repugnant to, or in¬
consistent with the constitution.
In our enquiries we considered the constitution as a system, which,
in establishing the natural rights of individuals, founds all civil power
on the authority of the people, only, in whom the sovereignty resides,
and whose is that sovereignty in its several parts, as the same is dele¬
gated to different bodies of the citizens, as their trustees or servants^
The exercise of power in the greatest articles of it, those of making
laws, and carrying those laws into execution, is, by tbe three first sec¬
tions of this grand bulwark of equal liberty, so honorable to the found¬
ers of it, and so invaluable to the citizens, by a most marked and de¬
cided distribution, assigned to two great branches. The legislative
power is vested in the representatives of the people in general assem¬
bly, and the executive in a president and council ; and from this last,
for the greater security of the people, the,judicial, of which it is a part,
is again severed, and rendered independent of both. Thus wisely
precluding an accumulation of power and influence, in the hands of
one or of few, which the history of mankind evinces ever to have been
subversive of all public justice and private right, and intrcductive of the
capricious, unsteady domination of prejudice, party and self-interest,
instead of the government of laws prescribed, promulgated and known.
The legislative, executive and judicial powers of the people being
thus severally delegated to different bodies, the convention has care¬
fully guarded against any encroachment of one on the proper authority
of either of the other bodies, by making it a principal duty of a council
of censors every seventh year to enquire, " VVhether the constitu¬
tion has been preserved inviolate, and whether the legislative and
executive branches of government have assumed to themselves, or
exercised other or greater powers than they are entitled to by the con¬
stitution."
These observations your committee premise to their report, as they
are the clew by which they have been able to investigate the fabric.
The supposed doubts end difficulties, the contradictions and absurdi¬
ties imputed to the constitution, which have been industriously and
insidiously suggetsed to the people, as rendering it an impracticable
system of administration, and as justifying acts ofgovernment in viola¬
tion of it, have vanished before us as we proceeded. By thus recurring to
the source of all authority, and recognising the distribution of powers,
this frame of government, as established by the convention, appears to
your committee to be clear in its principles, accurate in its form, con¬
sistent in its several parts, and worthy of the veneration of tiie good
people of Pennsylvania, and of all the attachment they have formerly
and during this session of the council of censors shewn to it.
Your committee beg l^ave further to suggest, that the checks and
f;uards provided by the convention upon the proceedings of the legis-
ative body, carry with them a very strong implied censure against the
disposing of public money by vote; legislating for individuals, or in
any case, by summary resolutions, which should be considered as no
COUNCIL OP CENSORfe.
85
more than previous declarations of the sense of the house upon unfin¬
ished business ; a foundation whereon to raise the superstructure of
law, after mature deliberation, and clothed with the solemnities of
enacting, which give weight and dignity, as well as public notoriety to
the statute. This consideration is the more interesting, as the execu¬
tive powers, being no longer opposed to the popular interest, and
so restricted in this state that they cease to be objects of watchful
jealousy.
We believe, with the illustrious Montesquieu, that the representa¬
tive body is not fit for active resolutions, but for the enacting of laws,
and to see whether the laws be duly executed. This latter duty of
seeing whether the laws have been duly executed, the convention has
assigned to the council of censors : thus wisely providing for a dispas¬
sionate review of so important an object, at a distance of time when
animosities may have subsided, and calm reason may suffer the law of
the land to resume its proper exercise. And we are of opinion with
the great Locke, who, speaking of legislative power, lays it down as
the fundamental law of all commonwealths, " that the legislative
cannot assume to itself a power to rule by extemporary and arbitrary
decrees, but is bound to dispense law and justice, and to decide the
rights of the subject by promulgated, standing laws, and known au¬
thorised judges; and that men give up their natural independence to
the society with this trust, that they shall be governed by known laws;
otherwise their peace, quiet and property will be in the same uncer¬
tainty as in a state of nature."
This practice of entering into personal discussions and hasty votes,
too often in contradiction to express laws, solemnly enacted, we fear,
has been too much countenanced in some instances from a determina¬
tion that the people should experience, practically, what extravagan¬
cies a single legislature, unrestrained by the rules of the constitution, may
be capable of committing. And this while people were yet in some degree
under tne habits of the former vague, undefined and unsystematical
proprietary government of the province; when every increase of pow¬
er, obtained by their representatives from the executive, and every in¬
stance in which the force of law could be obtained to a resolve of
the house, seemed at least to be favorable to the public interest, have
not adverted to the dangerous effects arising to the community from
such proceedings, in our present circumstances.
However irregular and inconsistent it may be, in well formed gov¬
ernments, for the representative body to legislate by a hasty vote, and
to execute, or to appoint the officers who execute, yet every ^instance
in wiiich the representative body succeeded in such attempts, tended to
restrict or counterbalance the enormous influence of a proprietor, hav¬
ing an interest opposed to that of the people ; a negative on their or¬
derly proceedings in legislation in his own person, and another within
bis influence ; and having almost every officer (from the chief justice
of the supreme court downwards) the creature of his power, and the
servant of his will ; everv freeholder for his tenant, a rental from the
quit rents, and a fixed revenue for his deputies, which made him and
his governors independent of the people and their representatives ; and
millions of acres to dispose of, as his interest or ambition might
suggest. Thus circumstanced, every opportunity was anxiously em¬
braced of getting the public revenues into the disposition of the asseiu-
bly or of officers appointed by them ; and thus the same body who levi-
86
COUNCIL, OF CENSOIIS.
ed the nîoney from the subject, expended it in some instances by their-
resolves, without control or accountability. However dangerous the
iK)wers of the proprietor may have been, yet your committee be¬
lieve that these proceedings of the assembly were not the less irreg¬
ular. They were iiowever practised, and they have unfortunately ac¬
quired too great a sanction with tiie people from custom, and from tiie
popular character of the last assembly before the revolution, and ot
the committees and council of safety since that period, who, having
alone' the exercise of every power of government, continued the
practice of course.
From similar circumstances, and the continued opposition to the
alarming influence of tiie proprietary power, arose and has been handed
down, the usage in general assembly, through a committee of griev¬
ances, of extending their deliberations to the cases of individuals, wlio
have been taught to consider an application to the legislature as a
shorter and more certain mode of obtaining relief from bardsbips and
losses, than the usual process of law- For as the erecting of a court
of chancery would be adding to the weight of the proprietor, by giving
him new jurisdiction, as well as the appointment of a new corps of of¬
ficers, it was deemed expedient to retain the exercise ot equitable
power in the hands of the assembly ; and there is reason to tliink. that
favor and pan'iaiity have Irom the nature of public bodies of men, pre¬
dominated in the distribution of this relief. These dangerous proce¬
dures have been too often recurred to since the revolution.
Your committee further observe, that from the peculiar circumstan¬
ces attending the late struggle with great Britain, examples have been
set, which it will be extremely dangerous, and in some cases deroga¬
tory to the sovereignty of the state, tosufier to pass into precedents.
We are willing to leave the scale of depreciation and some other
acts, expost-facto, to be justified by th.e necessity of the case. But
law is well defined to be " a rule prescribed or made before band."
Public monies ought to be appropriated before they are levied. The
reward of services should be ascertained wiien they are prescribed,
and neitlier increased nor diminished afterwards, from tavor or preju¬
dice to the party. Innocence and guilt, and all demands by or
against the public, ought, in all instances, to be judged by the known
and usual course ol proceedings ; ever preserving, in case of doubts as
to fact and law, the sacred right of trial by jury, and the proper tribu¬
nals ; jury trial being the only instance of judicial power wliich the
people have reserved to themselves.
These considerations your committee offer to the council, <o be
recommended to tlie watchful attention of the citizens of the state, as
a standing protest of this council of censors against the many viola¬
tions of the constitution, which are now more generally hinted at, or
hereinafter particularly noticed.
We flatter ourselves tliat by recurring to the line of duty prescribed
to the several branches of government by the constitution, the expen¬
ses and hurthensoine lengtli of the sessions of the legislature may be
saved to the good people of Pennsylvania.
In some instances it is certainly true that tlie constitution has been
invaded through necessitj', in times of extienie danger, when this
country was involved in a very unequal struggle for life and liberty,
and when good men were induced to hazard all consequences, for the'
sake ot preserving our existence as a people. Yet in a calm review of
COUNCIL OP CENSORS.
87
these proceedings, we think it proper to advert even to such breaches
of tlie constitution, as have .been occasioned by the extremest necessi¬
ty, lest tliey should bo brought into precedent when no such necessity
Shall exist.
BILL OF RIGIirS.
Section 8. "That every member of society hath a right tobe pro¬
tected in the enjoyment of life, liberty and property, and is therefore
bound to contribute his proportion towards the expense of that pro¬
tection, &e.
It is the opinion of this committee, that the acts of assembly, passed
within this commonwealth since the revolution, for seizing and taking
the goods of the inhabitants of this state, for the use of the army, and
for setting prices thereon, are inconsistent with this article, and with
tlie rights of property. See vol. 1, chap. 47, 48, 129, ITOand 178.
Some of the acts of assembly, made to prevent forestalling, were
also unconstiutional invasions of the rights of property. See chapters
44, 62, 81, vol. I.
September 28, 1779, The general assembly resolve, " That the salt
within the city and liberties, beyond the occasion of a private family,
be taken from the proprietors, by the president and council, and that
-the price thereof be ascertained by council."
It is the opinion of this committee, that the attempts which have
been made to regulate the prices of commodities, were absurd and
imjmssible. They tended to produce the very opposite effects to those
which they were designed to produce, and were invasions of the right
of property. See vol. I, chap. 60.—Journals of assembly, Nov. 22,
1779 ; Dec. 16, 1777 ; Jan. 25 and Feb. 14, 1780.
Section to. " The people have a right to hold themselves, their
houses, papers and possessions free from search and seizure, and'
therefore warrants without oaths or affirmations first made, affording
a sufficient foundation for them, and whereby any messenger or officer
may be commanded or required to search suspected places, or to seize
any person or his property, not particularly described, are contrary to
that right, and ought not to be granted."
It is the opinion of this committee that the authority given by the
act for county levies and other tax laws, and by the excise laws
to the collectors of these taxes, to break open houses in the day
time, without oath or affirmation first made, shewing a sufficient foun¬
dation ibr them, is inconsistent with the 10th section of the bill of
rights.
Section 11. "That in all controversies respecting property, and in
suits betwee.n man and man, the parties have a right to trial by jury,
wbich ought to be held sacred."
In the third session of the present assembly, a law has been passed
to vest in Isaac Ausün a r eal estate in the city of Philadelphia, claim¬
ed and possessed by George Adam Baker, as bis freehold. This ex¬
traordinary act of assembly moreover commands the sheriff"to put Mr,
Austin in possession.
It is remarkable that the bill depending on this occasion, was passed
after it had been shewn to the bouse that au action of ejectinent, con¬
cerning part of the premises, was depending in the court ot commua
88
COUNCIIi OF CENSORS.
pleas of Philadelphia county j an attorney at law having appeared to
the action for the defendant, Isaac Austin.
So flagrant an infringement of the sacred rights of a citi/.en to trial
by jury, and so manifest, and withal so wanton a violation of the con¬
stitution of this commonwealth, calls for tlie severest censure of the
people and of this council. To their respective constituents it belongs
to enquire how their servants in assembly, individually, voted on this
occasion. From the journals of the house they will derive full infor¬
mation on the subject.
THE CONSTITUTION.,
Section 7, latter clause. " No member of the house of representa¬
tives, whilst he continues such, shall hold any other office, except ia
the militia."
It is the opinion of thia committee, that members of the general as¬
sembly may not hold the office of county treasurer. There have been
sundry instances of county treasurers sitting as members of the house
of representatives, since the revolution.
Section 9. " The members of tlie house of representatives shall have
power to prepare bills and enact them into laws."
It is the opinion of this committee, that acts of assembly to amend
titles to land, which may be defective from the loss of deed's, and from
the denial of deeds by the vendors, after the price has been paid, have
been too frequently passed, and have too decidedly barred all other
persons, who might have pretensions to the same ; that the practice is
dangerous, that it tempts to fraud, and that in either case they are sel¬
dom necessary, as the testimony upon which the house proceeds
may now be perpetuated, under a clause of the constitution, as well in
the courts of common pleas as in the supreme court, in order to have
the effect it ought" to have, and no greater. And perhaps it would be
better to lodge a chancery power with proper judges, to compel the spe¬
cific performance of bargains for lands in the latter case. See acts of
assembly, vol. I, chap. 122, to confirm landsofT. Beans.—Chap. 123,
to confirm lands of T. Summers.—Vol. II, chap. 94, to confirm lands
of Percifor Frazer. '
By these acts, all claims not made within one year after the passing
of them, are forever barred, saving only femes covert, infants, ^c.
Thus the loss of a deed becomes the advantage of the party, whilst,
through mistake, others may be injured by the relief intended by the
legislature to the applier, whose neglect in not recording his deeds, has
given occasion to the interposition of the house.
It is the opinion of this committee, that the dissolving of the banda
of marriage is another very improper exercise of legislative power, and!
an intrusion upon the judicial branch ; and that instead of passing acts
occasionally, there should be a power given to proper judges of deter¬
mining on such applications.
It is the opinion of this committee that acts of assembly for vacating
useless highways and roads, are also improper and unconstitutional.
There should be an authority lodged with proper courts, to vacate use¬
less roads.
Section 9. " The house of representetives shall have power to judge
of the qualifications of their own members,"
COUNCIL. OP CENSORS.
89
It is the opinion of this coirimittee, that the general assembly has
no right to expel one of its members, charged with crimes not
committed as a member, but as a public officer or in his private ca¬
pacity, until he shall be convicted thereof before hi> proper judges.
September 9, 1783, Mr. , a representative in the general
assembly for county, is, first declared guilty of notorious
frauds and other enormous crimes ; secondly, he is expelled from his
seat; thirdly, the attorney general is directed to institute actions
against him for fraud and perjury. After such denunciations, would
it be possible for the accused to obtain a fair trial ? Suppose one of
the members of the house were to kill a man, would it be just that the
■house should anticipate his sentence, and pronounce the homicide to
be a malicious murder ? Besides, after fixing such an odium on tlie
unhappy manslayer, every member concerned would be interested
against a fair hearing. But if, after all, the culprit should be acquit¬
ted by his peers, where would be the dignity of the legislature ? Ex¬
amples of, this' nature from the British house of commons will not
serve for precedents in Pennsylvania. The' proceedings against Sir
Robert Walpole and Sir Ricliard Steele, in the reign of Queen Ann,
and the expulsion of John Wilkes, in the days of George the third, for
a libel, reflected dishonor on none but the authors o( these violences.
Mr< I , whether guilty or not, was a citizen; the example
which his case has set is dangérous to all.*
* 'to this paragraph the following reasons of dissent and assent were inserted
Vipon the minutes of tiie council.
REASONS OF DISSENT.
We dissent, 1. Because the opinion of the commiUee, stated in the report, is
contrary to the spirit and to tlie Istierof the constitution. The 7lh section directs,
tliat "The house of representatives of the freemen of this common wealili shall con¬
sist of persons most noted for wisdom and virtue, to he chosen by the freemen of
every city and County respectively." And the 9Ui section declares, that " the ge¬
neral assembly of the freemen of Pennsylvania, shall judge of the election and
qualification of tlieir own members; and " may expel" (that is, shall have power
. to expel) " a member, but not a second time for tlie same cause." To give mean¬
ing and effect to these clauses, we must suppose the first contains a general direc¬
tion to the people, in the choice of tiieir represenlutives, and tliatthe second dele¬
gates a general power to the representative body, of judging in cases of election.
But tlie power of judging, necessarily involves tlie power of enquiring into the facts;
and for the assembly to remit that power to any inferior or otncr body, would be
to betray the trust.reposed in them by tlie people.
■The tenth sectibn requires an oa^h or affirmation of fidelity and allegiance to he
talccn, and à declaration of a certain religious belief to bç made and subscribed by
each member, before the general assembly proceed to business. The eighth section
limits the time any member shall be capable of filling, successively, the office of a
representative. These four sections, taken together, form the general system of
election and representation. A restriction upon the power of expulsion is provided
in the Very act of creating tliat power; they may expel a member, but not a second
time for tlie same cause This is giving an appeal to the people, from the seu-
terice of the asaembly. If the'eXpulsed member is re-elected, his a reversal of the
sentence, and tlie power as to him ceases.
The only qualifications then for a seat in tlie general assembly, that are'required
by the constitution, ai-e a genei:al good reputation (for tliat is what must be under¬
stood by persons most noted for wisdom and virtue) the taking an oath or afiirma-
tion of alfegiance, and a declaration of a religious nature. To judge of these is ex-
pi-essly referred to the general assembly for once and for once only, nor can they be
enquired of el.se where; neither, if they could be enquired of elsewhere, could that
conviction, that is supposed necessary to direct the judgment of the assembly, bg-
90
COUNCIL OP CENSOR».
Section 9. "The house of representatives may redress grievances.'»
It is the opinion of this committee that the general assembly, under
reports of the committees of grievances, in some instances, has ex¬
ercised powers inconsistent with the constitution.
had in some of the cases, in any of the courts of law, which arc by the report sup-
posed to be the proper judges,
2. Because, if it be allowed that the general assembly cannot expel a member,
until he has been convicted in a court of law, of want of any of the qualifications re¬
quired, the appeal to the people is defeated: For, from the regtdar and slow procee¬
dings in these courts, and the delays that can be created, the term must necessarily
be elapsed for which a person was elected, before it can be determined whetlier he
was entitled to a seat in that body or not; yet all the time it is depending he retains
his place, and exercises the greatest power that can be exercised, the power of ma¬
king laws to bind the community. This wouliTreally be to render both the gene¬
ral assembly and the courts of justice, ridiculous. The sentence of the court is ob¬
tained, on which expulsion is to take place, but the year is out, and it can have no
effect. The person may be returned again the succeeding year, and the same pro¬
cess is to be gone through, with the same ridiculous success. An explanation that
would thus destroy the purposes of tlie constitution, we say, ought not to be ad¬
mitted.
3. Because the proceedings of tlie general assembly, in the case of Mr. ,
which is an instance adduced to prove the impropriety of such a power being exer¬
cised by tlie general assembly, are not truly stated.
It is said in the report, " He was.first declared guil^ of notorious frauds and otha
er enormous crimes. 2. He is expelled from his seat. 3. The attorney general is
directed to prosecute bun for fraud and perjury." A recurrence to the journals of
the house, will shew that information had been given, that Mr. , one of
their members, and a public officer, had been guilty of forgery. On tJie 12th of
February 1783, a letter from the comptroller general, enclosing divers depositions
respecting the accounts and vouchers of Air. —— , was read, together
with the said depositions. On the 18th they were read a second time, and refer¬
red to a committee. On the 20th the committee reported. The 21st tlie report
was read a-second time, and adopted in the following words; " The committee to
whom was referred the report of the comptroller general, together with the deposi¬
tions of John Cannon and others, relative to the conduct of Mi-, i. —^,late pur¬
chasing commissioner of —— county, beg leave to report: That tlie charges
set fortli in the above mentioned depositions, and the report of the comptroller ge¬
neral, .against the said Mr. , respecting his passing forged receipts in set¬
tling his accounts, knowing them to be forged, are founded in part, oh tíie above
depositions and his own confession." Whereupon, commissioners were appointed
to make true enquiry into tlie matter, at the place where' it happened, and to hear
and examine such witnesses, on- oath or affirmation, as should produce in
his defence, and to report to the comptroller general, on or before the first day of
tlie ensuing session. Itwasfurtlier rssolved, that shoidd be furnished with
a copy of the above .appointment, and the speidxr was directed to command him to
.appear on the first day of the next session.
The 9th of September the business was again taken up, and the house expelled
Mr by an Unanimous vote, he having been guilty of frauds and other enor¬
mous crimes in the execution of his duty as commissioner, and the attorney gener^
was directed to institute actions againsfhim for fraud and jierjury. Thus there was
a regular chain of examination and enquiry, before tlie house proceeded to expul¬
sion. Having confessed the facts, and being in contempt of tlie house, as tlie re¬
presentatives of the people, it was tlieir right and their duty to expel him. As
guai'dians of tlie people, it was their duty to order the state officer to prosecute him.
As an unqualified and contemptuous member, Mr. , was expelled; asan
offender he was delivered over to the laws. It was tlie proper business of the judg¬
es ot the courts^ to try the mei-its of the complaint, and to inflict the punishment.
The trial by juiy was preserved in 's case, where it ought to be preserved;
that is, in cases where the municipal laws were transgressed; and the riglit of the
assembly was exerted, amwably to the constitution: And it is with s.atisfactlon we
see the principles of thç oill ot rights and the frame of govcnunçnt are consistent.
COUNCIL OF CENSOns.
April 7,*1781. The house took up the case of a militia fine, which,
as it appears, the president and council had refused to remit. See the
petition of Jane Smith.
but we cannot consider either, as paramount to the other. They are parts of one
V'lioie VIZ. the constitution. Tlie example which his case lias set, is not diuigerous
to all; that if it be I'olloweJ, as we hope it will be, it will effectually prevent per¬
sons of vile and profligate cliaraclers from imposing themselves upon the people,
and secure to them at all times, a proper and virtuous representation.
Frederick Â. Muhlenberg, John Jlnidf,
Anthony Wayne, Richard M'Allisler,
James Moure, Arthur St. Clair,
Thomas Fltzsimons, David Dspy.
IlEASONS OP ASSENT.
Lest there should be any misappreliesion concerning the principles upon which
We have proceeded, we give the reasons following, for our vote, in addition to those
augg-ested in tJie report.
Because we hold that every citizen of this state, upon resigning his natural lib¬
erty to the community, and becoming subject to its laws, has, by the ninth section
of the bill of rights, expressly stipulated for and reseiwedto himself, in case hebe
charged with crime, the inestimable privilege of trial by jury; or if he have taken
an office under the state, tlie same privilege, or at least a fair and solemn trial be¬
fore tlie president and council, upon specified and clear articles of impeachment;
tliat lie be confronted with the witnesses produced against him, be allowed to call
for witnesses in bis favor, aiid that lie have the aid of council, if he think them ne¬
cessary for his defence.
Because if we would admit of authority, in tlie general assembly, under pretence
of purging the house of scandalous characters, to enquire of and determine upon
such personal charges as. those made against Mr. , previously to trial
and conviction before the proper tribunal, such procedure would not only militate
against the aforesaid indefeasible right of the citizen, but would also undermine
tlie freedom ofspeech and independency of conduct of the members of the bouse,
so essential to tlie representatives of a free people.
Because it wiil amply suffice to preserve the honor the general assembly, if in
these cases, the liouse adopt the wise and humane idea of the common law, that eve¬
ry man is to be treated as innocent, till lie be pronounced guilty by his proper
jpdges.
Because the house of assembly, alone possessing the legislative power, and feel¬
ing itself unconfined, is not only incompetent to such personal discussions, but
would soon dishonor itself by prèjudiced, partial and mistaken judgments; an evil
to which large bodies of men are very fiable: For tlie leaders of popular assemblies,
less restrained than the members of standing tribunals, who are few, by the infa¬
my whicli often attends upon wrong decisions, are sometimes tempted to give a
loose to their passions, and even to their private resentments, whilst employed in
the public business.
It b indeed with an heart felt satisfaction, that we embrace tliis opportunity of thas
asserting and vindicatirig the principles of the bill of rights; that precious reposi¬
tory of die personal privileges of the freemen of tlie commonwealth, which we con-
aider as paramount to the frame of government. If the people of Englandhave suffer¬
ed their tnagna Charta, which was equally explicit and declaratory of the personal se¬
curity of the people, to be undermined and defeated, by the assumed power of the
house of commons to judge and punish arbitrarily, under pretence of undefined
privilege; yet the good people of Pennsylvania, we trust, will never submit, that
their representatives in general assembly, shall by a similar usurpation, so tar per¬
vert the constitution of this commonweaUh.
George Bryan, James Edgar,
John Smiley, John MDowell,
Simon Dreisbash, John Whitehill,
T^lliam Montgomery, Joseph Hart,
James M'Lene, James Bead,
William Finky, Samuel Smith,
BaUzer Gehr, James Potíer.
93
COUNCIL OF CENSORS.
The assembly .iletermine also that sioofls belonging to another, had
ill this case, been wrongfully distrained, and it is directed that they be
returned. ' ,
April 10, 1781. Upon the complaint of of Charles Wilpert, that he
had been illegally condemned to pay a militia fine, the House remit
the same. Here the legislature, have assumed the business of the
council, and of the courts of justice.
April 10, 1781. Isaac Austin sets up a claim to a forfeited estate,
late his brother's, alleges that he tendered payment, by offering the
president and council, a release of the demand of the administrators
of his mother upon this estate, and the House declare (hat his claim
ought to be allowed. It is plain, that if Isaac Austin had purchased,
and tendered the price, he might have brought his ejectmenl; and up¬
on equitable principles, which are admitted in our courts, he must
have recovered the house and lot. The legislature ought not to have
interposed.
Nov. 20, 1783. "William Pollard complains of the verdict of a ju¬
ry in the supreme court; the house refer his case to the commitee of
grievances, who report "that he is aggrieved".
Whereupon the same being instantly read again, the house resolves
"that the attorney general be desired to stop all law proceedings until
the next sitting of the general assembly."
If complaints like these can,be thus listened to, the laws of the
land will be corrupted, and the house must sit every day in the year.
And yet this summary relief would be in a great measure limited to such
of the citiieiis of the state, as reside in the vicinity of the seat of gov¬
ernment.
REMARK.
The word grievances seems to have changed its import. Fomerly the
excesses and oppressive proceedings of the executive power, and of
the courts of justice, were the grievances of England. Such as pur¬
veyance, or seizing in an arbitrary manner^ provisions and other sup¬
plies for the use of the kings household; extorted benevolences to the
crown ; compositions of knighthood ; ship money ; levying taxes,
after the laws which granted them were expired ; monopolies ; extra¬
judicial opinions of judges; denial of bail, where bail was of right; bil-
leling of soldiers; suspending of law by prerogative; proclamations to
alter "the law ; and such matters as, arising from the undue influence
of the crown, could not be remedied without the interposition of parlia¬
ment—not hardships which will always arise from the operatioTi of
general laws, nor even the misdeeds of particular officers, or private
men, for which there is an easy and legal remedy; much less inconveni¬
ences, to which the negligence of the sufterer himself has subjected him.®
* To tills paragraph tiie following' reasons of dissent were entered upon the min¬
utes of the council.
Althougii W e agree wltli the report, that the general assembly, under re¬
ports of the committees of grievances, liave in some Instances exercised powers
inconsistent with the constlUitlon, yet we dissent from tlie report in some of the
instances brought forward, and from the reasoning upon them. Because some of
■them were very proper objects for the interference of'the legislature, no ade¬
quate remedy being to be liad in any oUvçf w.iy i and because it seems absurd to
COUNCIL OP CENSOng.
93
Section 9th. "The general assembly may impeach state criminals.'*
It is the opinion of this" committee, that the proceedings and sen¬
tence of the general assembly (5th March, 1783,) by which ,
late secretary of the supreme executive council, was declared "un¬
worthy ofpuoiic trust and confidence," were unconstitutional.
was a public officer, holding at the pleasure of the
president and council; He was liable, as other civil officers to an im¬
peachment, and to trial (as an officer) for his misconduct, before the
supreme executive council; he was also amenable in the ordinary course
of justice. But the constitution of Pennsylvania countenances no un¬
defined and arbitrary powers ; such as the house assumed in his
case; powers, that may be-equally exerted to shelter a set of defaul¬
ters and peculators, and to destroy persons obnoxious to the predominant
party. In Mr. 's case there was neither summons, hearing,
charge or trial.. In short he was condemned uriheard.
Section 9. "The house of representatives, shall have all other
powers necessary for the legislature of a free commonwealth."
It appears to your committee that the act passed on the 21, January
1777, entitled "An act to enable-a smaller number of the members of
assembly, than a quorum to collect the absent members, and issue
writs for filling vacancies occasiond by neglect or refusal" and the
supplement thereto passed the 11 October, 1777, And the act "to a-
mend the several acts of tliis commonwealth, directing the mode of
electing members of the general assembly thereof," passed the 12th
September 1782, are deviations from the 9th and 12th sections of the
constitution, so far as respects the issuing writs for new elections,
and subjecting the members to the payment of charges incurred by
sending for absentees.
Section 10. "The members of the house of representatives shall,
each of them, before they proceed to business, take and subscribe,
as well the oath or affirmation of fidelity and allegiance hereinafter
directed, as the following oath or affirmation." Then follows the
oat!» of office.
say, that "If the complaints of the people are listened to by the leg-islatm-e, the
laws of the land will be con-ijpted; and .that the relief would be limited, in any de-
gi-ee, to such of the citiaens as reside in the vicinity of the seat of government,
and- the sessions of tire assembly be lengthened to an immoderate degree." The as¬
sembly are chósen by the people to do then- husmes.?, and they ought to sit as long
as that business requires. But the inconveniences that arise to the individuals, from
a long absence from their respcctive'houses, will always induce them to shorten their
sessioits as much as possible, and, from the pressure of tliat inconveniency there is
more danger of tlieir being .shortened too much; than of their being drawn out
to an unnecessary length. It is of no importance what the word grievmice meant,
or means, in England or elsewhere, it is very well understood here; and here
as well as in other countries, there may happen excesses, and oppressive procee¬
dings of the executive power, and of the courts of justice. W^hen they do happe«,
we trust the legislature will interfere and afford redress. But as it seems to he
intended that all powers should be lodged in tlie hands of the executive, and,
what the committee call, the judicial branch, it is a proper step to remove every
thing that lies in the way of its being accomplislied, and tlic interference of the
legislature might be a troubjesoJne resti-aint upon it. It is however .the right of
the people ui be redressed in this way, and it is a security to them, we hope,
tliey ivUl not part witli, nor sulTer to be explained away.
Mrthur St. Clair, David Dspi/,
Fred, M. Muhlenberg, ' Thomas Hartly,
John Arndt, Eichard M'Altister,
JaoKS Moore, Anthony Wayne,^
94
COUNCIL OF CENSORS.
The oath or affirmation of allf^ance is,
" I, A. B. do swear or affirm, that I will be true and raithful
"to-the commonvyealth of Pennsylvania ; and that I will not rlirectly
«'or indirectly do any act or thing prejudicfal or injurious to the com-
«'monwealth, or government thereof, as established by the conven¬
tion." See section 40.
It appears by the journals of the general assembly that on the 5th
day of November 1778, and on occasion of the first meeting of a new
house, divers members "expressed some scruples with respect to tak¬
ing the oath or affirmation of allegiance prescribed by the constitution,
apprehending they would be thereby precluded from taking measures
to obtain the sense of the people with respect to calling a conven¬
tion &c."
^^■hereforethe next day, (November 6th, ) it was "unanimously a-
greed that every member might' take said oath, with a reservation of
full liberty to himself to pursue such measures as he might Judge" ne¬
cessary for collecting the sentiments of the people, on the subject of
calling anew convention to revise, amend and confirm the constitu¬
tion ; and reserving also full liberty, of co-operating, as well with his
fellow citizens as with the said convention, if called."
It appears that twenty-five of the representatives in said assembly
adopted the reservation above mentioned.
By information which your committee rely on, it appears that some
of the members of the first assembly, alter the revolution, were admit¬
ted to take the oath of allegiance (section 40,) without the words "as
established by the constitution."
It is the opinion of this committee, that the admission of members of
general assembly in the above instances, upon taking the oaths and
affirmations required, with a reservation, were deviations from the
constitution of this state.
Section. 11 "No person who holds any office in the gift of con¬
gress, shall hereafter be elected to represent this commonwealth in
congress."
Benjamin Franklin F.sq. one of the commissioners of congress,-to
the court of France, being on the 10th of December 1777, elected to re¬
present Pennsylvania in congress, was a deviation from the above
clause.
Section 15th. "To the end that laws, before they are enacted, may
be more maturely considered, and the inconvenience of hasty deter¬
minations, as much as possible prevented, all bills of á public nature
shall be published, and, except' on occasions of sudden necessity,
shall not be passed into laws until the next session of the general
assembly."
"Very many bills have been passed hastily, in the same session, in
violation of this section
«Examples from a multitude.
Vol. 1. chap. 68, read flie 1st time. 19 Aug. 1778, enacted the 31, of same month,
chap. 70, read 19 Aug. 1778,, do. 31st,
chap. 18^ read. 16 Sep. 1780, do. 23.
chap 165, read. 22 May, 1780, do. 30.
chap. 136, read, 3 Nov. 1772, do# 25.
chap. 207; read. 7 April. 1781, do. 10.
chap. 130, reU to apprehending suspected persons and mcreasine certain
fines.
COUNCIL OF CENSORS.
95
An act relative to navigation and trade passed, 10th of September, 1778»
Vol. 2. chap. 43, re.ad. 6 Nov. 1782, do. 22. same rAonth.
chrfp. 84, read. 15 Sep. 1783, do. 23.
chap. 74, i^ad. 2 Sep. 1783, do. 9.
chap. 77, resoh-ed. 11 Sep. 1783, do. 17.
chap. 96, resolved. ^ 18 Sep. 1783, do. 25.
Thus this important and essential restraint upon the proceedings
of the legislature hafh been laid aside in many instances, without
any apparent necessity.
The postponing of bills to another sitting, is at length so much dis¬
regarded that of thirty nine acts of assembly, which were passed du¬
ring the last session of the present house thirty one of them origina¬
ted within the same sitting r and with respect to almost all these, so
far from any sudden necessity existing for thus hastily passing them,
there does not seem to be arty considerable motives for thus precipitating
more than two or three of them. If the act for regulating the choice
of justices of the peace, had become immediately necessary, it was
from the neglect of the house, to take up the business earlier.
It is theopinon of this committee, that the 15th section of the consti¬
tution, whereby the authority to legislate is laid u nder peculiar restraints,
has been evaded, and in a great measure defeated, by the exercise of
a power assumed by the general assembly to make laws, and to alter
laws, and to appropriate the lands, goods and money, of the com¬
monwealth, by resolve only; which, so far from being published for
consideration, and defe: red to the next session, is passed secretly im¬
mediately. J
Examples from a multitude.
Journals of. general assembly, 12th October, 1777.— On motion
resolved, that the salary of the vice president, instead of the sum
of five hundred pounds, shall be at the'rate of one thousand pounds
per annum, to be computed from the time of his entering upon the bu¬
siness of his said office.
December 5th, 1778. It being represented to the house by sundry
members that their necessary and unavoidable expenses greatly ex¬
ceed their allowance, during their attendance on the business of the
house.— Resolved, that each member of this house be allowed for his
attendance during the session, forty five shillings per diem, and six
pence per mile ; and that this house will, at their next sitting, make
a law to provide for the same, and for the future wages of mem¬
bers of assembly.—By act of assembly passed, December 27th, 1777,
Vol. 1 chapter 39th, the wages of the representatives in assembly,
were fixed at twenty-five shillings per diem.
Journals general assembly, vol. 1 page 454, March 25th, 1778. The
house resolve, that Mr. Bryan be allowed five hundred pounds for
extra services rendered by him, during the recess, and present sitting
of thehouse.
June Ist, 1780, page 502 resolved, that as this house have not time
»t this sitting, to complete and enac! the bill for the support ofcertuin
civil officers, the salaries and daily pay fixed by the resolve of Febru¬
ary 28th. to the civil officers therein mentioned, be continued from
the 9th of April last, to the end of thé next sitting of assembly : and
whereas the supreme executive council have appointed, and commis¬
sioned tlie honorable George Bryan, Esquire, as a third assistant
judge« resolved that he be entitled to, and receive the same pay, as
96
Council of censors.
the other assistant judges^ 'to commente from the time of his ap¬
pointment.
February 12, 1779, page 310¿ A letter from the president to the
speaker, setting forth, that in pursuance of a resolve of a former as¬
sembly, he had been applied to by council, to assist the attorney gene¬
ral in the prosecution of the state criminals, which services he had
faithfully performed, and assuring the house, that whatsoevfsr sum they
should order him tor his services, would be received by hina with all
due respect, was read; and the.house taking his important services in¬
to consideration, it was thereupon.
Ordered, That the speaker draw an order on the state treasurer, for
the sum of two thousand pounds, in consideration of the said services,
in favor of the president, which order was accordingly drawn and
signed at the table.
Note.—'These services were performed previously to his being a
member of the supreme executive council.
Page 517, September 22,1780. The committee appointedthis morn¬
ing, to consider the salaries of certain civil officers, and the wages of
the members of assembly. &c. made a report, which was read, and on
consideration^ the following part thereof was adopted, viz.
Your committee, taking into consideration the great attention of his
excellency the president, to the atiairs of this commonwealth, the small
allowance granted for his services, the variety of expenses he is ne¬
cessarily exposed to, and the propriety oí allowing him a compensa¬
tion in some measure proportioned to his services, are of opinion, that
the sum of one thousand poupds, state money, or the exchange at six¬
ty for one, be granted him as a gratuity, over and above the salary al¬
lowed him for the present year.
April 1, 1778. The general assembly resolve, that the president
and council draft the militia to fill up the Pennsylvania line, in thje
army of the United States,.and that the persons so drafted serve nine
months.
Septerabeç 9,1778. The general assembly resolve, that council place
«bains across Chesnut street, (a public highway) in Philadelphia city,
whilst congress, ike, be sitting, to prevent the passing of carriages.
December 6, 1777. The general assembly, by resolve, set aside all
civil authority, and invest general Washington and the president and
council, with extraordinary and unconstitutinnal powers.
February 25, 1779. The fees of grand jurors are increased by vote.
April 5tb, the rates of the city ferry over the Schuylkill, established
by act of assembly of the 80th March 1723, are increased by vote.
March 19, 1779. The wages of county commissioners, increased by
vote.
November 20, 1779, The house recommend to council to defer the
sale of a forfeited estate (late of the rev. Jacob Duche) and permit the
chief justice to reside therein.
December 20, 1780. Another resolution of the same import.
March 13, 1782. A salary of five hundred pounds per annum, is vo¬
ted to the judge of the admiralty,.inclusive of his fees as judge, to be
pa,id quarterly out of the treasury of the state.
May 26, 1780. Resolved, That Mrs. Ferguson l^old Grteme Park,
a forfeited estate, under the indulgepiice of the commonwealth, and free
of rent. « . . _ .
COUNCIL OF GENSOKS.
97
N. B. These forfeited estates, were by law, put under the direction
of the president and council, and were to be let for any term not ex¬
ceeding two years, for the highest rent.
October 9,1779. Resolved, That one hundred barrels of flour, be¬
longing to the state, be distributed among the distressed housekeep¬
ers, of the city of Philadelphia, giving preference to such as shall serve
on the present expedition.
March 1, 1781. The house, by resolve, enable council to appoint
additional auditors, to those who had been named in act of assembly.
Vol. 1. Chap. 185, for adjusting the depreciation of the military.
April 9, 1781. Resolved, That the property of a floating bridge,
now lying in the Schuylkill, near George Gray's, he invested in the said
Gray, upon his paying one hundred and flfty pounds (state money) in¬
to the treasury of the state.,
September 18, 1783. Major Kennedy, late of the militia of Bucks
county, being slain in taking burglers and robbers, and an act having
passed soon after his death, to reward those who should apprehend
these felons, and to recompense the families of such as mightbe killed in
these exertions; the house, by vote resolve, that the widow and chil¬
dren of major Kennedy, receive'three hundred pounds out of the pub¬
lic treasury.
September 1, 1783. The salary of the comptroller general, is by re¬
solve, increased three hundred pounds per annum. By chap. 15. vol.
2. sect. 18, this officer^s salary is flxed at five hundred pounds per an¬
num. - .
Captain Ore, of the ship Grand U'Estaing. had complained to the
liouse, that he was denied a drawback of the impost duty that he had
paid on his goods, which he designs to export again. '
September 11, 1783. The committee on the case of captain Ore, re¬
port, that the relief desired, cannot be given, unless by a new law; that
to pass such a retrospective act woiild contradict the legislative princi-
le; tliat his case is not singular, and that it would be unjust to relieve
im only. Yet September 22, the house upon motion, resolve, that
the naval officer refund the duties of such goods (being part of the ori¬
ginal cargo of the ship Grand D'Estaing) which captain Ore shall ex¬
port.
Sept. 24,1783. Resolved, That the sum of fifteen hundred pounds
be granted to the executors of the late president Thomas Wharton (in¬
cluding what is now due to them) for the use ofhis widow and children,
to be divided equally among them. Same day, Resolved, That major
general St. Clair, have a preference of right to about 5000 acres of
land on the Chesnut Ridge, in Westmoreland county, (described in
the journals) in consideration of his merits; subject to all prior claims,
and to the purchase money to which the same may be liable.
December 2,1783. The house appropriate by resolve, six hundred
pounds of the public money, to defray the charge of a triumphal arch,
and for providing illuminated paintings, to be exhibited in Market
street, Philadelphia, on occasion of the definitive treaty of peace, be-
'tween the United States of America and Great Britain. '
November 21,1783. Resolved, That the treasurer of this state, re¬
turn to captain Walter Finney, the depreciation certificates, by him
paid for land purchased; and that the comptroller general settle the in¬
terest due on such certificates, as though the said certificates had nev¬
er been paid on account of the said purchase. Captain Finney pur-
13
COUNCIL OF CENSORS,
chased a forreited real estate of the agents of council, and was aliow»
ed to return the same to the commonwealth.
April 1, 1784. The house by resolve, enable the supreme executive
council to let out the barracksj &c. at Lancaster, and to appoint a su¬
perintendant of the same.
The house determine and declare, by resolve, wWch county col¬
lectors of taxes, &c. have been robbed ot public money; and in like man¬
ner exonerate sundry of them of various sums, for which they were by
law accountable.
Levi Doan, accused of burglary, is taken by John Shaw, and others ;
he breaks jail before trial. The house upon hearing adjudged to these
men the reward of fifty pounds, which had been offered by proclama¬
tion in case of conviction. Journals 17th March 17S3.
March 13, 1781. The report of the committee appointed to confer
with a committee of council, respecting Hog island, in the river Dela¬
ware, being again read, Resolved, that the supieme executive council
be directed to prosecute the claims of this state to the said island, as
part of the estate of Joseph Galloway, an'attainted traitor. How un¬
justifiable was this intèrference of the legislative body! Must not such
an enquiry and declaration of the house, against the pretensions of the
possessors of this island, prejudice their cause with the court and jury.
August £5, 1783. The general assembly, by resolve, authorise the
delegates in congress of Pennsylvania, to consent to an alteration of
the great bond qf union between the states of Ameiica.
The plan had been digested and proposed by congress. It purport¬
ed an alteration in the mode of calculating the quotas of supplies of the
states respectively, to the common treasury, by substituting estimates,
derived from the number of inhabitants within each state, to valuations
of improved lands and buildings. The change may perhaps be advan¬
tageous for Pennsylvania. But, to precipitate such business, and es¬
pecially on a single resolve, to vest so important an authority in our
delegates in congress, must alarm and astonisli every citizen.
The president and council had transmitted this plan to the general
assembly on the l8th of the same month, recommending it strongly.
The house took it up on the 19th—On the £5th, the committee to whom
it had been referred reported. This report was read the second time
immediately, and the general assembly, on the same day, unanimously
adopted the proposition, and authorised their delegates in congress to
estaolish it. Thus this great transaction was taken up and finished in
the course of seven days, which could scarcely have happened, had the
alteration received, as it ought, the sanction and ratification of an act
of assembly.
September 25, 1783. The committee to whom the letter from the
comptroller general, respecting the debt due to this state by Baynton,
Wharton and Morgan, was referred, report: That after a due inves¬
tigation of the matter, they find as follows :
First, That the sum mentioned by the comptroller general, =§1407
4s. 7d. principal money, (besides interest,) is yet due to the state.
Second, That the commissioners of the late province of Pennsylvania,
(appointed by act of assembly of the 8th of April, 1758, for preventing
abuses in the Indian trade,) by an indenture under their hands, agreed
to accept of the trust conveyed by Baypton, Wharton and Morgan;
and three of the said commissioners, with Robert Morris, Esq. and
others, are trustees in the deed of cgnveyance, made and duly execu-
COUNCIL OF CENSOUS.
fed'by Biynton, Whartoa and Morj^n, for the sale af ^11 the estates,
and payment of all their debts, public and private. The eojnmission-
ers, therefore, acting in a |)ublic capacity, undoubtedly must be allow¬
ed to have knowledge tiiat the estate was §uflicient; otherwise they
would not have accepted it, but have applied to the sureties, who were
of acknowledged ability These considerations, therefore, induce the
committee to olVer the following resolution to the house :
Uesolved, That the comptroller general be directed to proceed no
further in the case of Baynton, Wharton and Morgan, the same being
already under the care of trustees,'in that case specially appointed.
The report was'accordingly adopted by the assembly, on the second
reading of it. The obligation by which the sureties of Baynton, Whar¬
ton and .Morgan are bound, as above mentioned, is dated Aug. 2, 1765.
Many of these cases are of the most deserving nature ; others qt
them applied strongly to the feelings and compassion of the house ; but
some ol them would hardly ha\4 passed, j^n the usual course of publica¬
tion, to the thiid reading. This loose and summary manner, however,
of appropriating the public estate by the legislative body, is very in-
• consistent with economy and safety. All these resolves were passed, if
not in the lace of law, yet without law. Every one of them is an in-
frmgemeut of the constitution, from the mode in which they have been
adopted:*
• .To this paragraph tlie following reasons of dissent were inserted upon tlie min¬
utes of the council.
Tliough we agree, that man}'laws have been brought in and passed in tlie same
session, for which there may not now appear any necessity, yet we dissent (rom the
opinion in the report upon tliis .section. " That an important and essential re¬
straint upon the proceedings of the assembly, has been laid aside." For the section
. cited, does expressly give a power to the assembly to pass laws, in the same ses¬
sion in wliich they shall be first considered in tlie form of bills, on occasions of sud¬
den necessity. Ofthat necessity the assembly are, and from the nature of the case;
must be the only judges; and for us to pictent to determine upon it, is arrogating-
a power we are incompetent to, and if we were competent, that is not vested in us
by tlie constiuition. lîut when we consider, of what very little use the publication of
bills is; how very few of the people compai-atively, ci er sec tliem, that it operates
rallier to deceive tlian inform tliem, and llic lieavy expense tllat attends it, we cabi¬
net lielp wishing lliis article was very materially altered. Hut, alterations, neces¬
sary additions or explanations, can be made by a coiivciitioii only.
VVe dissent frofti the second opinion upon tiiis section of the constitution like¬
wise, because we tliiiik it goes to res1;raining the assembly from proceeding by re¬
solve in all cases. The power, however,to proceed in that manner, seems to have
been clearly, in the view of the convention, as it is by the 20lh section of the con¬
stitution, made tlie express duty of the executive c luncil to forward the execution
of tlieir resolves. The words are, and they are remarkable, " They are to take care
tliat the laws be duly executed ; they ai-c to expedite the execution of such , meas-
UBCS as may be i-esolvcd upon by tlie general assembly." There is in the same sen¬
tence a pîain distinction taken betwixt laws and resolves ; indeed, they ai-e con¬
tra distinguished. The executive council arg to execute tlie laws ; tliey are to
expedite the execution of measures resolved upon by tlie general assembly. The
power of proceeding by resüh e is men clearly acknowledged, and the council have
a kind of concurrent power in the execution; or rather, they are to remove any
difficulties that may lie in tlie way of tlicir execution. But if no dirgctions had
been given to tlie executive council, tlie power of the assembly to proceed in that
Way iiiiihi liave, well enougli, been infcn-ed from the general words of the 9th sec¬
tions—" They shall have all .other powers necessary for the legislature of a free
state or commonwealth." From'the two toother there remains not the shadow
of a doubt. Had this cómmittee been appointed-to alter and amend the coiistitu.
tion, which tbey seem all along io have tliought their duty, we should have, readily
100
COUNCIL OP CENSORS.
•Section 17, last clause. '«The wages of the representatives in thé
general assembly, and all other state charges, shall be paid out of the"
state treasury,"
As to the hrst part j the vote of Nov. 27th, 1779, whereby an estate,
seized as forfeited, called Hale's stables, in Philadelphia, was appro¬
priated. and repaired for the reception of the horses of the members of
assembly, and hay and oats provided, was a violation of ihis section,
which directs that the representatives receive wages in money.: See
joiiFiials of Uie house, March 24, 1780 ; and the public accounts, par¬
ticularly the drafts of the speaker of the house on the treasurer of the
state, for these expenditures, in January, 1780.
Secondly, The act appointing commissioners to provide for the de¬
fence of the bay and river Delaware, (vol. 2, chap. 7, sect. 10,) enabled
these commissioners to draw the monies appropriated to this service,
from the naval officer who collected the same, without passing into the
treasury of the state. This was a direct infringement of this 17th sec¬
tion of the constitution. And by vote of general assembly of Septem¬
ber 22, 1783, the naval officer was constituted a sort of treasurer of
the state extraordinary, for certain monies then in his hands, or to
come to his hands. And the naval officer was subjected to drafts upon
him, to be made by the president and council, partly for speciged
purposes, partly for general use.
Sections 17 and 18; By these it is provided that each county shall
have representatives in the general assembly ; and by the I9th section,
clause 3, a councillor.
It is the opinion of this committee, that the setting off a new county,
and restraining the same from electing representatives in assembly, a
counoillor and censors, at the then next ensuing election, was a breach
of the constitution. See vol. II, chap. 101, passéd 26th Sept. 1783,
for erecting the county of Fayette.
Section 20. •' The president, and in his absence the vice-president,
with the council, five of whom shall he a quorum, shall have power to
appoint and commissionate judges, naval officers,judge of the admiral
ty,attorney general, and all other officers civil and military (except such
as are chosen by the general assembly or by the people,) agreeably to
this frame of government, and the laws that may be made hereafter«" :
The constitution (sections 2 and 3) states two great depositories of
the authority devolved by the people, through the iftediumof the"con¬
vention. First, a supreme legislative, lodged with the general assem¬
bly!—a supreme executive, in the hands of a president and^ouucil.
agreed with them tliat this loose and summary method of legislating is very in¬
consistent with economy and safety, and that it ought m most cases to be abol¬
ished It is, however, a part of tlie constitution, and as such, it is no assumed
power in the general assembly; neitlier were the resolves tliat have been detailed
by the committee, passed, as it is said in the report, " if not in tlte face of the law,
yet vnthout law." The constitution is tlie Law to govern the assembly, and they
are consistent with tlie constitution. But this power likewise stands in the way of
the exorbitant and unconstitutional powers intended for tlie executive council, ami
in that view it is a security for the people. It tlierefore became necessary to get
rid ofit one way or other.
Arthur St. Clair, James Mocre,
Fred. A. Muhlenberg, David Espy,
.inihony Wayne, Thamas Hartley,
John Arndt, Richard M'.illiister.
COUNCIL OF CENSORS.
101
AU power; therefore, not placed out of its proper hands belongs to the
legislative or the executive, according to its nature, but the appoint¬
ment of officers is an executive prerogative, and belongs to the council
in all cases, if it be not in express terms vested in the assembly or in
the people ; and all construction and interpretation of passages which
may seem dubious, shall be favorable to the proper branch, and nothing
beyond satisfying the words shall be intended, in case any authority
be misplaced or put out of its natural hands.
We further say, that the words above recited give the nomination of
all officers, civil and military, to council, unless in the reserved cases,
'i hat the expression, " except such as are chosen by the general assem¬
bly or by the people," ougiit to be considered as introduced by way
of parenthesis, and that it refers to the officers assigned to the as¬
sembly or the people, in other sections of the constitution, of whom
there are several ; and that the following words, *• agreeably to this
frame of government and the laws that may be má^de hereafter," de¬
fine the manner in which the appointment^ of council shall be made.
Thfus, for example, the judge of admiralty is by the constitution to be
named.by the president and council; but an act of assembly passed on
the 8th of March,-1780, requires that his commission be " for seven
years, in case he so long behave well." Council, therefore, must com-
missionate for seven years, agreeably to this law.
It is therefore the opinion of this committee, that the power of ap¬
pointing revenue and other officers, not expressly assigned to the house
of assembly or to the people, by the constitution, which has been ex¬
ercised by the general assembly, is a deviation from the constitution.
The notoriety of appointments to offices by the house, in cases not
expressly assigned to that body by the constitution, is too great to need
instances thereof to be given. We offer, however, one or two, for
example.
The first militia law, chap. 15, passed I7th March, 1777, assigned
to the legislature the choice of county lieutenants and sUb-lieu-
tenants.
The act to revive and continue the laws for regulating sales by
auction, in the city of Philadelphia and its vicinity, vol. 2, chap, 109,
is remarkable for taking to the house the appointment of the vendue
masters for once only. Future nominations remain with the presi¬
dent and council as before. And the nomination by act of assembly,
of a collector of the port of Philadelphia. See acts of assembly, vol.
II, chap. 122, sect. 8.*
• An act of assembly was passed on the 4th day of April, 1785, entitled " An
act to declare and establish tlie right of tlie executive council of this common¬
wealth, to appoint all officers, civd and military, except in the cases reserved by
the constitution to the general assembly, and to the people -, and to repeal tlie
laws whereby certain officers have been appointed contrary thereunto, &c."
The preamble of tliis law recites that part of the constitution, which delegates
the sqipointing power to the supreme executive council ; it also recites tlie opinion
ot die councd of cehsors, that the appointment of. revenue and all otlier officers,
not expressly assigned to tlie house of assembly or to the people, by the constitu¬
tion, which has been exercised by tlie general assembly, is a deviation from the
constitution.
The act provides that the election of the speaker and of the clerks of the
assembly, tlie delegates to represent this state in Congress, the
state, register of wills, recorders and trustees of the loan office, shall
lus
COUNCIL or CENSORS.
Thwe was an act of asscfnbly, vol. 1, chap. 35, by wliicli divers esr-
traordinary powers were vested in commissioners sent by congress
into the western country. This was derogatory from the riglits of the
president and-council, and oí the commonwealth'."*
cd to the general assembly ; and that all other officers necessary for tlie execution
of the laws, (except those tliat ai-e directed by tiie coiistitutio., to be otherwise
appointed,) are declared to lie in tlie nomination and ap¡)oiiumcnt of tlie t:j}ecutive
council.
The act also states that divers officers bold their o-ffices by having tlieir names
inserted in the body of the acts of assembly, whereby the same offices have been
constituted ; that the said acts have been enacted in derogation of the righls of the
executive council, and that the manner in whidi such officers hold thpir offices is
deemed improper. The act repeals so much of tlie ^ct of 13th April, 1782, as apr
jioiiits John Nicholson to the office of comptroller general; and so much of the act
of the 9th December, 1783, as autliorises the liouse of assembly to appoint tlic
iiuctioneers of the city of Philadelphia ; and so much of the act for regtilating the
port of Philadelphia, as provides for the appointment of tlie wardens and collectorî
and so much of the act of the 15lh Marcli, 1784, as apjmiiits Sliaip Delany CQlkct-
Ü1-; and generally all other acts of assembly vvlijch derogate . from llie rights and
privileges of the supreme executive council. The act also provides that die exe¬
cutive council shall make the appointments repealed witliin two montlis after tlie
]>assage of the act, and that the officers appointed by tlie assembly shall hold their
offices until otliers are appointed.
* To this paragraph of the report, touching the appointing power, the toUowing'
reasons of dissent were inserted upon tlie minutes of tlie council:
AVe dissent also from the opinion and reasoningpf tfie committee, as adopted by
the council, upon this section of tlie constitution. ,
First—Because it seems to us to be more necessary tliat the executive"branch
should, in the appointment of officers, be strictly confined to those expressly as¬
signed to tliem, than the legislature. The legislatire body is tlie proper depositi-
ciry of all power not expressly placed elsewhere; for tliere, every man in the com¬
munity is equally represented. In the executive council tliat is pot the case; iiei.-
ilier have the people the same control over tliem. They are permanent, and, not-
withstaiiding tlie rotation establislied, encroachments can be easibly reduced to
system, and a majority 1!o favot them, be ever found to exist. To die council is
given the appointment of judges, naval officers, judge of the admiralty, attoi-ney
general, and all other officers, civil and military, except such as are chosen by tlie
jieople, agreeably to the frame of government and the laws hereafter, to be made.
The appointment to certain offices is also given to tlie assembly. If this passage
ill the constitution ajipeared dark or doubtful, the committee might to, have so re¬
ported it, and left the e.xplanation to a convention, who alone have tliat power.
But it was going veiy much beside their duty to obtrude a conslruction that lias
the most dangerous tendency, and to iiiti-oduce the parenthesis, which is not to be
found in the original, to favor that construction. The clause stands fairly and in¬
telligibly in the constitution. They are to appoint judges, naval officers,' Etc. and
:dl other officers, civil and military. This is their general power, and a very e.x-
tensive one it is. AVhat follows is a limitation of that general power. "Except
such as are clwsen by the general ^ssenibly or the people, agreeably to the frame
iif governmefit and the laws hereafter to \je made." it; vecjaires iiîdeed some in-
genuity to mistake the seçse and design of it, and they liappily hit upon including
11 iiart of it in a parentliesis ; but by aUering and supplying in this piamrt!r,.it is
impossible that words can be so put together as that tlic plamest meaning mav not
be jierycrlcd.
Tlie convention gave to the people, to the assembly and to the council, respec¬
tively, the appointment of certain officers. The creation of other offices that might
be found necessary, and the appointment to Mkisc oJlices, when created, were left
to the laws tliat were to be made. In tiic laws tlien creating them, it could be no
infringement of llie constitution to name the officers ; because the power of ap¬
pointing to tlicm is, by the exception aliove meiitiom d, taken out of the general
powers (){ the crumcil, and placed no where else; and every power necessary fur
good govettunent, not placed some where_t>y the copstitjition, is vesleil in the aic
COUNCIL OP CENSORS.
It is the opinion of this committee, that the act for erecting the
tîounty of Washington, as far as the same declares the justiceiof the
peace oEçaid county to be justices of the court of common piras, is a
ileviation from the constitution.
Section 20. " The president and council shall supply every vacancy
in any office, occasioned by death, removal or disqualification, until
the office can be filled in the time and manner directed by law or this
constitution."
It is the opinion of tjiis committee, that chap. 24 of the 1st vol. of
the state laws. No. 2. enabling the president alone to appoint the offi¬
cers of the borough of Lancaster, in case the inhabitants neglect to
elect them, is a deviation from the constitution.
Section 20. " The president and council are to prepare such busi¬
ness as shall appear to them necessary, to lay, before the general
assembly."
It is the opinion of this committee, that these words give aright to
the president and council, and make it their duty, to lay forms of
bills before the general assembly. Nevertheless, we do not suppose
that the general assembly ought to admit of forms of money bills, pre¬
pared by the president and council.
The proper and peculiar business of the general assembly is to enact
laws, therefore this clause of the 20th section, capnot otherwise have
any meaning. •' Business got ready before hand," .is this passage im¬
ports, mustbe interpreted of sketches of bills; no less can be understood.
To prepare business then for the general assembly is, we say, to frame
drafts of bills. Not that the house is bound to adopt these drafts.
No, they may commit, alter, amend or reject them on reading, at theic
pleasure.
Such a practice, if once establishèd, would tend to despatch the le¬
gislative business, without lesseniug the right of the legislature to
prepare bills, (section 9,) and very much shorten the sessions o.f the
general assembly, the length of which is so justly complained of, for
the great expense thereby incurred.
sembly,as the representatives of tiie people. It was the right of the assembly then ,
eitlier by law to appoint those officers, or to empower the executive coiincii to ap¬
point them. In either way the constitution is satisfied, and there are many instan¬
ces both wa\.s." Hut we say, tliat as an increase of power in the hands ofan exe¬
cutive council, permanent though rotatory, and so little responsible for the use of
it as ours, is vei*y dangerous to the community; and that those assemblies"whicli
reserved to tliemselves ever-ytappointmeiit, where it was reconcilable to the consti¬
tution, have best adhered tb'its s])irlt, ánd shewed the greatest regard to the liber,
lies and to the safety of the people.
Secondly—Because, as we think the executive council have no power to appoint
to any offices besides those tliat are expressly named in the constitution, or givea
to them by law, if the meaning and construction itointed out by the committee
should obtain, the executive would acquire a very undue influencç upon the elec¬
tion of members of assembly; and we ai'e the more alarmed at it from reflecting
upon another part of the report of tjiis committee, which would give them great in¬
fluence on their deliberation.s. In s(iort, it seems to Be iijtended entirely to de¬
stroy tlie freedom of tlic assembly, and to tlirow into the hands of the executive
branch the whole power of the state. ^
Ttinnias Hartleu, David Espy,
Diehard M'JUtistÊr, Arthur Hi. Clair,
Fred. A. Muhlenberg, John Arndt.
Jantes Moore,
104
COUNCIL OF CENSORS.
The president and council, on the 5th of February, 1779, and some
days after, at a conference with the general as8erablj,,proposed to fur¬
nish tht form of a law, or heads of a bill, to the house, under the words
of the 20th section, which" authorises the board "to prepare such bu¬
siness as shall appear tO them necessary to lay before the general as-
sembly." These heads of a bill the assembly dèclined to receive.*
* To this paragraph of the report the following reasons of dissent were insMted
upon the minutes of the council : _ ...
We dissent from the opinion upon this article, because it appears to us to be. di¬
ametrically opposite to tlie 9th section of the constitution, whereby tlie power to
prepare bills and enact tliem into laws, is exi)ressly given to the assembly. In
the report of the committee it is said tliat these words, prepare business," give
a right to the president and council, and maké it their duty to lay forms of bills
before the general assembly ; nevertheless, say they, " we do not suppose that tlie
general assembly ought to admit of forms of money bills, prepared by the president
and council." If, under the words, prepare business/' the right and duty of the
comicil .to send bills to the general assembly can be supported, it is hard to ac¬
count for the distinction taken betwixt money bills, and those of anotlier nature.
But wlien money bills are enacted, they must be attended witli taxes ¡ and these,
however necessary they may be, are always odious. Let the representatives of the
petmle become as odious as may be, no matter, but také care of the council j bye
andbye it Will not be so necessary. When once the people have submitted'to the
new system, the council can consider tliese as their right and duty, under the
words, whenever they please. It would seem as if this had been the manner in
which they reasoned, when they made up their opinion. The proper and peculiar
business of the assembly is to enact laws ; to prepare business is to frame drafts of
bills, they say, "not tliat the assembly is bound to receive these di-afts. No, they
may commit, alter or amend them on the reading." Here then, tlie right and duty
of tJie executive council to originatssthe laws of the state, is asserted unequivocal¬
ly, and the duty of tlie legislature is pointed out, in a manner tliat caiinot be mis¬
taken. It is their proper and peculiar duty to enact laws. But if it be the right
and duty of the executive council to prepare bills, which is, in other words, to
originate laws, it must also be tlie duty of flie assembly to receive tliera, and this
tliey were perfectly sensible ofj and hâve endeavoured to explain it away. But
their " No, they m.ay commit, alter or amend them," will impose upon nobody but
those who are willing to be imposed upon. They cannot be cast aside, altered or
amended on the reading, unless they have that reading. The assembly are there¬
fore bound to receive them. Thus, by endeavouring to give a meaning to two
words, which, from the revolution to tlie present time, (one instance alone except¬
ed,) have been perfectly imderstood and acted under, the first formation of all
laws, money bills excepted, is to be given to the executive chuncil, and also a neg¬
ative upon the laws before débate. For, tliis doctrine once" established, it would
soon be an open and avowed claim, that*no law should pass that had not originated
with.the council; andif the assembly attempted it, they would not be executed; and
they might be told, " Gentlemen, you have transgressed the bounds assigned you
by the constitution ;—you are to enact laws, but they must originate with us.
This law, or these laws, we did not originate, it was business that was not prepa¬
red by us, and that you of yourselves could not take up. They want that essential
quality ; a prerequisite tliat cannot be dispensed with ; they are not laws, and can¬
not be executed."
The power endeavoured to be given to the execu;Uve, to wit, the appointment to
all offices ; the originating all laws, and a negative before debate, by the strange
explanation given to tliese two clauses of the 20th section of the- constitution, we
consider as of the most alarming and dangerous tendency, and, if acceded to, sub¬
versive of the liberties of the people ; but we trust they are too much enlightened,
and value them too much, to sufler themselves to be deprived of them by any arts,
much less by a forced explanation of words and sentences. It is, however, a duty
we owe to them, to waim them against the attempt, and to justify ourselves to the
present generation and to posterity, to protest against it in the most solemn man¬
ner; and we have the greater reason to be alm raed, as we find an attempt of a simi-
COÜNCiL Oï" CEXSORg,
ios
Sebtion üO. "The president and council shall have power to grant
pardons and remit fines, in all cases whatsoever, except in cases of
impeachment ; and in case of treason and murder shall have power to
grant reprieves, but not to pardon, till the end of t'ae next session of
assembly. But there shall be no remission or mitigation of pun¬
ishments on impeachment, except by act of the legislature."
The very strong and extensive words by which this executive author¬
ity is secured to the council, exclude all interference therein, unless
in the case excepted, viz. that of conviction on impeachment. The
stay of pardon in treason and murder, might be intended to save the
honor of the board from injury by hasty proceedings. The reference
here made to the end of tlie next session of the assembly, rather than
to a precise term, such as six months, might be witb design that the
representatives of the county, where the facts happened, coming to the
seat of government, the council might, have opportunity of informa¬
tion. But to suppose that the assembly have a right to intermeddle,
would take away the responsibility of council with respect to pardons,
(so very liable to abuse,) for the board would be apf to lean upon the
legislative body, in odious and difficult instances of forgiveness.
It is indeed one of the great advantages of our frame of government,
that there is in it a body so purely executive, that mercy can be ex¬
tended in proper cases, without that solecism which must arise where
those who make the laws, or those who judge, have the power of re¬
mission. Were the legislature to dispense remissions, it would tacit¬
ly condemn its own decrees. Were the persons who a^lminister jus¬
tice to undo their own -entences, such conduct would confound all
right and wrong. The people would not be able to discover whether
the prisoner was discharged for his innocence or through favor.
Two powers, in the same state, granting pardons, would defeat the
execution of the laws. Thehoilse of .assembly, by vote, recommended
the case of Mary Murray to the council. She had forfeited a hogshead
of rum, under the excise laws. See journal 25th May, 1780.
It is the opinion of this committee, that the transmitting the peti¬
tion of Matteo Bratelli, (who, with two other Italian seamen, had been
convicted of murdering captain Pickles,) by the president and coun¬
cil to the assembly, on the 13th of November, 1783, in order that the
house might allow of the immediate pardon of this murderer, and the
consequent vote of the house, "that council do pardon Matteo Bra¬
telli," were unauthorised proceedings, and infringements of the con¬
stitution. The pardon should have come from the council alone.
It appears by thejournals of assembly of 22d March, 1783, that the
house, by resolve, dismiss from imprisonment Thomas Hale, who was
under execution by summary process, from the late auditors, for set¬
tling the public accounts.
lar nature was made by the executive council, at a time when tlie gentleman who
drew up the report was vice-president, and warmly was contested with the assem¬
bly, doubtless for tlie puipose of establi.shiiig a precedent ; but the assembly
spumed at it with indignation, and asserted their rights, witli which the happiuesa
of the people w?* so intimately connected.
Arthur St- Clair,
Jiilin Arndt,
' Fred, A. Muhlenberg,
David Espy,
James Mume^
14
Thomas Hartly,
Richard M'AÙislatj
Anthony Wayne,
Thomas FlIzsijiKms.
108
COUNCIL OF C£NS0R8,
The sheriff; by this proceeding of the general assembly, must have
found himself in an irksome situation. On the one hand, should he
disregard this irregular mandate of the legislature, he would probably
liave incurred the resentment of the members, who might periiaps,
by another stretch of power, have made him fully sensible of their im¬
portance. On the other hand, in case he released Mr. Hale, he
might, under the influence of another assembly of a different com¬
plexion, be considered as having acted without authority, and as lia¬
ble for the demand of the state; for, though the release of the person
of the creditor would operate asaf^ull remission of the debt,yet the sheriff,
in rigor might be made to answer forthe money. Nothing less, we con¬
ceive, than a special act of insolvency was equal to this case. The prisoner
might have been thereby released from confinement, and the demands
of the commonwealth saved. That the house should, at the same
time, they thus exonerate Thomas Hale, direct his accounts 'to be
re-settled, is unintelligible.
Section 20. "The president and council are also to take care, that the
laws be faithfully executed ; they are to expedite the execution of
such measures, as shall be resolved upon by the general assembly."
It is the opinion of this committee that the act of assembly for de¬
fending the Bay, and river Delaware, (vol. 2, chap. T,) as to the powers
given to the commissioners, was an infringement of the constitution.
The proper powers of council were, by this act, transferred to com¬
missioners named by the house. These commissioners were authorised,
to fit out what sliips they saw fit; to continue them at their discretion,
unless otherwise directed by the house. Duties on imports were ap¬
propriated to this service and subjected to the drafts of the commission¬
ers on the officer who collected them; and lastly, the commissioners were
authorised to borrow money on their funds, not exceeding 25,000
pounds, and directed to re-pay the same. To the council however,
was reserved the nomination of the commander, and other officers
employed in the naval armament.
Section 20, "The president and council may draw upon the treás-
urer, for such sijins, as shall he appropriated by the house."
It is the opinion of this committee, that all appropriations of public
money ought to be, by laws passed by thé general assembly, and
that all drafts on the treasurer of the state, ought to be made by the
president and council.
The clause of section 2Gth last cited, is a limitation upon the prop¬
er authority of the executive branch to draw the public money. It is
thereby confined to such money as shall be appropriated. The vio¬
lations of this ri^t of the council to draw the public money have
been numerous. Drafts have been made by the house—by the audi¬
tors of public accounts,—by the justices of the supreme court and
some others. The instance following is remarkable ;
"Resolved that the treasurers of the several counties be empowered
*'and directed to draw on the state treasurer, f^ monies sufficient to
"discharge the allowance made to wounded solmers, and to .the wid-
"ows and orphans of officers killed in the public service ; the same
to he paid out of the one per centum impost by the act of December,
1780. Minutes of 28 December, 1788.
• To tlïis paragrapli of the report the following reasons of dissênt we*e cntercib
upon the m;uutes of tlic council.
COUNCIL OF CENSORS. 107
í'
Section 25. '»Tlie judges of the supreme court of judicature shall
have fixed salaries."
AUhoiigh wl- a^ee thai appropriations of public money ought, in genial to
be made by laws, yet* we dissent from the opinion, _that all drafis on the treasur¬
er ouglit to be made by tlie president and council" From the reasoning adduced
in the report, in support of that opinion, we conceive an unnecessary power
is intended to be lodged in the executive coimcil, and, vvlien this is taken into
tiew with soma other parts of the report, we tlimk it a most dangerous power.
The report expresses that, "the clause of the section cited, is a limitation of
the proper authority of council, to draw the public money," It is thereby confined.
"To such money as shall be appropriated." The proper authority of the execu¬
tive branch to draw for public money must be found in the constitution. But
we find no autliority given to them, for that purpose, in any part of it, except in
llie words of tlie 2o'th section. "They may draw for such sums as shall be appro¬
priated by the house." The powers of tlie house, and of the council over money,
are clearly contained in them, or to be deduced from tliem. For such sums of
money as ai*e apprejiriated, that is, set apart for particular purposes, the council are
to draw on the treasurer. This is tlie sole power over money given to them by
tlie constitution.—It is thei'efore their proper power ; and it is absurd to say that
the power itself, is a limitation of tlie propei; power. Such sums as are not ap¬
propriated, or set, apart for particular purposes, remaui,in the treasury, subject
to the orders of the house. The convention were the judges, what powers were
proper to be entrusted with each branch of government. To tlie council they gave
tlie power to draw for money ajipropriated only ; and to extend that power by con*,
slruction, is to alter the constitution.—. But to alter tlie constitution, is the sole
exclusive business of a convention .called for the purpose, and so, could not
fall witliin the duty of the committee: this ought therefore to have made nojpart of the
report.— It was necessary however, to the completion of the new system of govern¬
ment which would have been very inefficient without it. And as the inti-oduction
of that system, "seems to have been a favorite object, we now draw the scattered
jîarts of it, that lie up and down in the report, into one view, that the jieople may
judge, whether there is really that danger to be apprehended from it, we have held
forth J or that we have frightened ourselves witli a phantom of ourownrais-
ing.
The executive council are to appoint all officers, except the treasurer of the state
a register of wiUs, a recorder of deeds, the sergeant at arms and a doorkeeper,
The.se are left to tlie assembly.
The executive councd are to originate all the laws_ The assembly may indeed
commit, alter or amend tliem, but they must have nothing to do with them in the
first instances.— To prepare business is to form drafts of bills, but to form drafts
of bills, is the right and duty of the e;;cecutive council : therefore the assembly can
have nothing to do with them, until they have been formed by tlie council.
The assembly, because in some instances they may have gone too far, are not to
be allowed to redress grievances. The judicial branch, as it is called, is tlie proper
body for tliat pui-pose.—They would keep the laws pure, which the assembly would
corrupt, and do the business at less expense. The oppressions of executive and
judicial authority, however, are tlie great grievances of every country. It can not
be very consistent with liberty, or safety, to throw down that security, that fence
against the abuse of power.
The executive council are, by the last mentioned section, to have the command
of all the money also.—- Even tlieirown wages, the house of assembly, the legisla-
tui*e of f'ennsylvania, will have to apply for, to the council, and if they have hap¬
pened to be troublesome or ref'ractujy, may be told to call again.
If the committee really found this system to be the constitution of Pennsylvania,
it is astonishing, tliat it has not been discovered earlier, for the administration of
it has been, at times, in hands that were fond enough of power.— It is more aston¬
ishing still, tliat they should have bestowed so many encomiùms upon it. Can it
lie believed that any reasonable creature, will think it the great bulwai-k of equal
liberty ? is it not, what we have truly represented it.' the most complete system
of aristocratic tyranny, that has appeared in die world. But in order ta make it
d08
COUNCIL OB CENSORS.
The most important injunction of the convention lias not been
complied with as it ought. Permanent salaries should, without delay,
be established by act of assembly, for the justices' of the supreme
court, for, and during their respective continuance in office. Judges
should have nothing to hope or fear from any one." ,
Section 25th, "Trials shall be by jury as heretofore."
It is the opinion of this committee, that the act of the I6th of Sep¬
tember, 1777, entitled, " An act to empower the supreme executive
council of this commonwealth, to provide for the security thereof in
special cases, where no provision is already made by law," and the
act of January 2, 1778, to continue in force the former act, are devia¬
tions from the 9th, and lOth sections of the bill of rights, and the 9th,
lOtii, 20th, 25th and 40 sections of the frame of government.
It is the opinion of this committee, that the act of assembly passed
on the 2nd of January, 1778, chapter 41, section 2, vol. 1, and that
chapter 43, same vol. whereby persons charged with offences, might
be tried out of the proper county, were unconstitutional.
The law passed in the province of Pennsylvania, after the fact,
which declared Lazarus Stewart, and others, his confederates, to be
guilty of treacherously murdering Nathan Ogden, and which directed
that they be tried in the county of Philadelphia, ought to have no
weight as a precedent.
Chapter 45, vol. 2, passed December 8, 1782, enabling the presi¬
dent and supreme executive council, to direct the trial of those, who
should be charged with treasonably setting up a new and independent
government within Pennsylvania, to be in an other county than that
in which the facts were done, is unconstitutional.
The act of assembly constituting a council of safety, passed Oct.
13, 1777, in as much as it took away the right of trial by jury, and
transferred the executive and legislative authority to the council of
safety, were infringements of the 9th, and 10th, sections of the
bill of rights, and of the 9th, 10th, 20th, 25th and 46th sections of the
frame of government. '
The summary jurisdiction, whereby the president and council have
l,een authorised, to impose and levy fines, not exceeding five hundred
go down, it was necessary to speak favorably of it, and gull tlie people, that Oiey
might the more easily rèceive it. In other countries Üie government lias been drawn
from tlie popular, to the aristrocratic form, by slow and almost insensible changes.
The novelty of attempting to introduce an aristocracy, at ojie stroke of a pen, and
to pursuade tlte^ieopie that they ought always to have been so gqvemed—tliat it
was the constitution they had chosen fur tliemselves, was left for, the first council
of censors of Pennsylvania. But we trust the people are too enlightened to be so
easily imposed upon, and too high spirited, and too fond of liberty, to suffer tlieir
representatives to be degraded to the mere registers of the mandates bf tlieir
haughty and imperious masters. At any rate, foreseemg the evils attendant on tliis
new system, to discharge tlie duty we owe to the people, and ourselves, we do
again most solemnly protest against it.
When we consider, hoWever,' that on the comniitfee who formed, the repoi-t, tjiere
were two gentlenien, who had been vice presidents, and two who hud been mem¬
bers of the executive council, it is not to be mucli wondered at, that a desire to increase
its powers should have appeared. Yet we do them tlie justice to believe, that they
had not all considered the extçnt of the plan, nor seen tlie fatal consetptences tliat
would inevitably follow from its being adopted.
.flrlhur St. Clair, .fJiithuny IVayne, J)av!tl-Es^py.
Frederick A. Muhlmherg, John Arndt, Thomas ílurth-y.
./ames Moore, Thomas Fitzsimons, Jtiehard M'Attisierf
COUNCIL OF CENSORS.
109
pounds, on county commissioners, is neithçr the trial by jCiry, nor is
it the trial on impeachment, directed by the constitution. It isa
deviation from the constitution. See act of assembly, vol. 2, chapter
6, section 36, extended to the act for the federal supplies for 1783,
vol. 2, chapter 66, section 7.
The acts for settling the public accounts of this state, as well by the
late auditors, as tliat which constitutes the office of comptroller general
of this state, do not give trial by jury upon the disputes concerning
fact or law, which may arise in adjusting the public accounts, and are
therefore unconstitutional.
Trial by jury is taken away, in the case of harboring deserters from
the armies of the United States, and the oftenders subjected to sum¬
mary conviction and to whipping. Vol, 1, chapter 9, sections.
The same is done in case of harboring deserters from the ships of war,
of ids most Christian Majes^. The offenders are liable to a fine of
thirty pounds, on tlie summary judgment of two justices of the
peace, and the certiorari denied vol. 2, chapter 59, section 2.
Tiie jurisdiction of the court of admiralty, which proceeds without
a jury, is brought upon the land, and extended to the demands of
artificers who build or repair ships and vessels. Besides, it may with
justice be apprehended, that this new embarrassment upon this kind of
movable property, will deter foreigners from trusting their vessels into
our port. Vol. 2. cliapter 134.
Jury trial is denied in case ofships running foul of each other; and yet
an action of debt, for the damages awarded, is supposed to be neces¬
sary, vol, 2, chapter 143, sections.
Section 28, "All prisoner shall be bailable, by sufficient sureties, unless
for capital offences, when the proof is evident and the presumption
great."
It is the opinion of this committee, that the acts of assembly, which
restrained, fora time, the full operation of the writ of habeas corpus,
are infringements of the constitution.
These laws were intended to secure the persons, and restrain the
traitorous practices of the disaffected, when fegal evidence could not be
obtained against them. See vol. 1, chapter 130 section 2 and 8,
cliapter 137, of the same vol. section 3.
Section 28. "The persons of a debtor, where there is nota strong
presumption of fraud, shall not be continued in prison, after deliver¬
ing up, bona fide all his estate real and personal for the use of his credit¬
ors, in such manner as shall be hereafter regulated bylaw."
The frequent interpositions of ttie legislaturein behalf of particular
persons, held inexécution for debt, may all of them be justly branded
with tlie appellation of laws after the fact ; whereas this section calls
for general regulations by, a general law, which may be known before
the contracts be made. These acts of mercy to individuals, too of¬
ten dependent upon favor or prejudice, before large bodies of men,
will probably bring us into discredit, if not into debates, with foreign
nations. They ought to be abandoned immediately and a general law
provided.
Section 30. "Justices of the peace, shall be elected by the freehdl-
"ders of each city and county respectively ; that is to say, two or
"more persons shall be chosen for each ward, township or district, as
"the laws shall hereafter direct ; and their names shall be returned to
•»the president in council, who shall commission one or more of them.
110
COUNCIL OF CENSORS.
"for each ward &c. so returning, fpr seven years; but if any city,
"county, district &c. shall hereafter incline to chan;;c the manner of
"appointing their justices of the peace, as settled by this article, the
"general assembly may make laws to regulate tiie same, agreeable to
"the desire of the majority 8cc. so applying."
Itis the opinion of this committee that jiostices of the peace, othervyise
constituted, than is set forth above, are not according to the constitu¬
tion, unless the major number of the freeholders of the county, dis¬
trict or place, apply for another mode of appointing these magistrates,
and the general assembly allow thereof by law.
The Burgesses of Bristol, Chester and Lancaster, have been decla¬
red justices of the'pe;ice, wifliout su.cji application. Vol. 1, chapter 4,.
section 7.
By chapter 14, section 7, 8, 9, of vol. 1, the council were ena¬
bled, on the application of twenty inhabitants of Chester, or other
district, to appoint justices of the peace. Chapter I9th, authorised
the president and council, to appoint five persons, nut justices of the
peace, to hold the court of quarter ses'sions, of the peace of the city
tíf Philadelphia,
It the freeholders of Reading, or a.majprity of them, did apply for
another mode of appointing justices of the peace, yet the term of seven
years could not be altered. Such transitory magistrates, as the Bur¬
gesses of the borough of Reading, who are elected yearly, are too
dependent to be the justices of the peace required by the constitution.
tSee the act for incorporating the town of Reading, chapter 76, vol. %,
section 6, 7.
Section 30. "Justices of the peace shall be removable for misconduet;
by the general assembly.' ' s ,
It is the opinion of this committee that the misconduct of justices
of the peace, ought, .to be established elsewhere, before the general
assembly can proceed to remove them.
According to the principles already stated, the legislative bianch
can exercise no judicial authority, iliat is not expressly given to it.
These words can be fully satisfied, without supposing that the gener¬
al assembly is vested with j)ovver to try justices of the peace.. This
enables us to say, that the house has no right to determine concern¬
ing their misconduct. Such authority would contradict the first prin¬
ciples of the constitution, and assign to the general assembly a juris¬
diction, for which they are wholly incompetent, and would soon dis¬
honor the house. , For large bodies of men are so liable ito be tainted
by prejudice, favor and party, when employed in personal discus¬
sions, that justice is rarely attained by them. Resting therefore, on
our principle that this is an executive power, put out of its proper
place, we construe it literally, and carry it not beyond the words,.—
The solicitude shewn by the framers of the constitution, to render
these magistrates permanent for seven years, will not admit that their
misbehaviour be committed to a trial by sixty or seventy persons. See
journals of assembly, Nov. 27, 1779. Feb. 26, 1783, and March 1,
178.3.— But the 22d section has been adduced to support this claim
of the general assembly, to try justices of the peace, as well as to re¬
move them.— This section is as followeth viz. " Every officer of
"government whether judicial or executive, shall be liable tobe ira-
"peached, either when in office, or after his resignation, or removal
"ibr mal-administratiun."
COUNCIL OP CENSORS.
Hi
It has bfecrt contended ffon\ the words, "or removal formal-adminis¬
tration," that the general assembly may remove justices of the peace,
in order to impeach them, not considering that there is nothing in this
section to give any power to the house. If such power were indeed
designed at all, tiie council would take it, because it is executive
business. But the difliculty here arises'from the omission of a com¬
ma before mal administration. Restore this, and the impeachment
will be restrainetl, as it ought, toollicers in their publie capacity; and
removal will apply to such civil officers as hold at pleasure, and who may
be superseded ; and also to others, whose times expire ; as councillors
and sheriffs, who, upon the erroneous construction which we repro¬
bate, would not be liable to impeachment, if the malfeasances charg¬
ed upon them should happen not to be prosecuted till alter they were
out of place.
Section 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."
T/ie oath or affi.7'mation of allegiance.
" I, —: , do swear (or affirm) that I will be true and
faithful to the commonwealth of Pennsylvania; and that I will not di¬
rectly 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 exe¬
cute the office of for the of and I will
do equal right and justice to all men, to the best of my judgment and
abilities, according to law."
It is the opinion of this committee, that the act pf 17th of March,
1777, entitled " An act to regulate the militia of the commonwealth of
Pennsylvania," is a deviation from the 40th section of the constitu¬
tion, as it dispenses with the oath therein prescribed.
Section 47. " The council of censors shall have power to call a con¬
vention to meet within two years after their sitting, if there appear tw
them an absolute necessity of amending any article in the constitution,
which .may be defective, explaining such as may be thought not clear¬
ly expressed, and of adding such as are necessary for the preservation
of the rights and happiness of the people." But two thirds of the whole
number of censors elected must agree to this call.
The resolves of assembly of 17tli June 1777, for taking the sense of
the people; and those for the like purpose of 28th November 1778, were
violations of the constitution, yet we have no difficulty in declaring,
that according to the 5th section of the bill of rights, the community
have an indubitable, unalienable and indefeasible right to reform, al¬
ter or abolish government, in such manner as shall be by the commu¬
nity Judged most conducive to the public weal.®
• By tlie resolve of 17tlijuncl777, it was directed tliat the freemen of every
tOB-nship, ward, &c. should at their elections of inspectors for the ensuing election,
choose a respectable freeholder to bo calleel a commissioner, whose'^duty it
should be to go to tlie residence of every person entitled to vole for member of as¬
sembly, or take some other opportnity of meeting with them, and ask each and ev¬
ery of thesaid freemen whether he desired tliat a convention should be called. The
answer was t* be given in writing and i>ul into a bo* or bag, to be provided for tliat
il2
COUNCIL OF CENSORS.
It is the opinion of this committee, that the general assembly of
this state, in divers other instances, besides those already cited, have
not acted as faithful guardians of the rights of the people. We give
the following as examples thereof, viz.
It appears by the journals of the general assembly (December 29,
1777) that a committee was authorised by resolve, to open the chest of
the loan office, wherein were deposited the bills of credit, brought in to
purpose, which box or bag the commissioner was to keep shut, and in his own pos¬
session, and return tlie same to the sheriff of tlie proper county, on or before .tlie
30th day of November, then next. The sheriff and commissioners were to cast up
the number of votes, an account of which, under their hands and seals, was to be
returned to the next general assembly, at'their first sitting. The- resolve also pr>
Tided a particular form of oath to be taken by the commissioners and the sheriffs.
The resolve of the 28th November 1778, states that certain resolutions which
had theretofore been passed, for obtaining the sense and judgment of the people, in
relation to the defects of the constitution, had not been carried into effect, be¬
cause of the invasion of the state and other circumstances. And tlien resolves unani¬
mously, that the people qualified to vote, should meet at the usual places of hold¬
ing elections, on tlie 25th of March, then next, and choose judges and inspectors,
who should provide two boxes, &c. and that on the first Tuesday in April, the votes
of the freemen should be received for and against a convention, wliich should be
put in one of the boxes, in the other box tlie votes for members of the convention
should be placed. The boxes were to be delivered to the assembly by the prop¬
er officers. The house was to count the votes, and if there should be a majority
against a convention, then no further proceedings were to be had; but if a majority
of votes should be for a convention, then tlie assembly was to proceed and open.the
boxes containing the names of the members of tlie convention voted for, and de¬
clare the six highest from each city'and county to be the members to represent the
same in the convention, and that the assembly should direct the convention to
meet at Lancaster, on the 1st June, then next. The resolve then proceeds in the
following words. Viz.
" And the said convention having so met, shall judge of the qualifications of its
members, and then proceed to determine on these points, viz.
3. Whether the legislative power of the state shall be vested, as at the present, in a
single branch.
?. If the convention should be for a second branch of leppslation, then how tlie same
and tlie executive powers, for the admiiiisti-ation of government, shall be con¬
structed.
3. If tlie convention shall determine against a second branch of legislation, wheth¬
er any provision shall be made for tlie revisa! of laws (witliout any negatiye)
before tliey receive their final sanction.
4. Whether the appointment ofjudges and field officers of tlie militia shall be"vest¬
ed in the executive powers of government.
5. AVhetlier tlie council of censors shall beaboliahed.
6. Whether the president and vice president may not be eligible into council,, so
as to be capable of said offices after the expiration of three yews, if their con¬
duct shall render them worthy.
7. Whether the judges should not be made more independent by having their sala
ries fixed and certain. >
8. Whether, agreeable to the articles of confederation of the United States,'the
delegates in congress may not be eligible, three years successively.
9. In case any alteration shall be made by the convention in tlie above parts, how
the several oaths prescribed by the .constitution, shall be adapted thereunto.
And the said convention having finished, they shall publish their proceedings
and determinations, which shall be received and adopted by the inliabitants of this
state, at ^d after the next general election, as pai-t of the constitution by which
tliey are in future to be governed.
oo'u'xt" petitions of upwards of 13,000 inhabitants of the state, the resolve of
-8th November 1778, was rescinded by tlio.assembly on the 27th Februarv 1779.e-"
\eas 47, Nays 7. - '
COUNCIL Oí CENSORS.
113
be cancelled according to law, to take thereout thirteen thousand
pounds, and to deliver the same to the treasurer of the state, that thej
might be re-issued on order of the president and council. And by a
subsequent entry of 27th February 1778, it appears that this resolve
was executed. We consider this as a violation of public faith and
confidence, that scarcely any necessity can excuse.
Another is taken from the laws. By the "act for funding and re¬
deeming the bills of credit of the United States of America, &c." chap.
177, sect. 12, passed on the 1st June 1780, upon suspending the first
tender law, it was enacted and declared " that from and after the pas¬
sing of this act, all contracts hereafter to be made, shall take eíFect,and
be payable according to the special nature of such contract, any law
heretofore to the contrary notwithstanding." Yet the next house of
assembly, in breach of this solemn assurance, made other bills of cred¬
it "a legal tender to all intents and purposes whatsoever, and in sat¬
isfaction of all debts,.dues and demands." See chapters 186, 189 and
£04, vol. I.
By the first section of the act of assembly to incorporate the
bank of North America, passed the 1st of April 1782, the claim of
congress to erect incorporations, is acknowledged. Yet there is no
countenance given to this assumed authority, by the confederation.
Ifitbe necessary that the states severally, should yield further powers
to congress, they should do it professedly and in concert, not by such
an indirect and dangerous implication as this. Vol. 2, chap 9, sect. 1.
The act for an additional impost of one and an half per centum,
chap. 122, vol. 2, passed on the 15th of March 1784, has erected anew
and as we apprehend, unnecessary and burthensome ofiice, of great
emolument. This business has been hitherto executed by the naval
officer, without any complaint, as far as appears; but he is by the act
in question, so completely divested of all attention to these duties on
goods imported, that he is not suffered even to check the large sums
w hich come to the hands of the new collector. But if a check in this
case were necessary, surely it might be provided at a much cheaper
rate than the erecting of this office, which loads so heavily the com¬
merce of the commonwealth.
Here isa striking example of mischiefs, which would probably follow
from the appointing to offices by the assembly, in other cases than those
expressly assigned to the house by the constitution. The bill for this
purpose, as published, consisted of twenty-six lines only. It was read
a second time on the 21st of February last; read a third time on the
11th of March, when sundry new paragraphs were proposed. Thesa
were published as usual, on the 13th, and on the same day the bill
was ordered tobe engrossed, and it was enacted the 15th March. By
these additional paragraphs, the collectorship ot the port of Philadel¬
phia, was first brought into view. They have swelled the act to more
than two folio pages of the printed lawbooks.
On the question, will the council adopt the report ? the yeas and
nays were as follow:
YEAS.
George Biyan,
Samuel Smith,
Juhii WhiteUUl,
Xtmes Miene, William Montgomery,
James Bead, James Potter,
Baltzer (iehr, Joliu Smiley,
Simon Drcisbach,
William Fiiiley,
James Edgar,
Julm M'UowcU.
lié
COUNCII. or CENSORS.
NAYS.
Tilomas Fitzsimons, Anthony Wayne, Tliomas Hartley, Jolm Amtlt,
Fred A. Muhlenberg, James Moore, Uicbard M'Allister, David Espy.
Arthur St. Clah-,
The following reasons for and against the adoption of the report were
ëntered upon the minutes.
We dissent from the report of the committee as adopted by the coun¬
cil, generally; because, though there are some parts of it that meet our
approbation, it is in a great measure made up of matters that were nev¬
er submitted to them, and totally foreign to the nature and design of their
appointment. Their duty was plain and simple, "To enquire whether
the constitution had been preserved inviolate, in every part, and wheth-
the legislative and executive branches of government, had assumed to
themselyas, or exercised other or greater powers than they are enti¬
tled to by the constitution." As this is a report in part only, and con¬
fined to the legislative branch, the journals of the assembly and the
laws, f'll properly under their notice, as it was from them only it could
be discovered whether the legislative body had departed from their du¬
ty, or neglected the trust reposed in them. And had the committee
contented themselves with pointing out, and reprobating in the strong¬
est terms, the instances where these had happened, they would have
met our hearty concurrence. But when we see explanations of many
parts of the constitution introduced, which we think inconsistent with
the liberty and safety of the people, and a labored commentary upon it,
foisted into the report; it becomes a duty we owe to the people, to our¬
selves and to posterity, thus solemnly to protest against it in the gross, as
big with mischief in itself, and forming a most dangerous precedent. If
committees are at liberty to intioduce into their reports, matters dif¬
ferent from, and foreign to those submitted to them, public bodies may
be surprised into a decission.on the most important subjects, unexpect¬
edly, and unprepared for the discussion of them; or, as in the present
case, into matters that do not at all belong to them. The greatest partof
the report, which has taken up so much of the time of the council, be¬
ing the proper and exclusive business of a convention.
This will fully appear, from the observations we have made upon the
several parts which have received our negative. But in this place we
cannot help observing, that by the explanations given to various parts
of the constitution, the system of our government would be entirely
changed, and the executive branch acquire such an increase of power
and influence, as to make it easy for them^to establish the most oread-
ful tyranny.
David Espy, Arthur St. Clair,
Thomas Hartley, Fred. J. Muhlenberg^
Eichard M'dtltister, John .dmdt,
.dnthony Way ne, James Moore.
Thomas Fitzsimons,
For adopllngthe report, we think proper to assign the following vea-i
sons, in addition to those placed upön particular parts of it, viz.
We agree to the limit thereby set to the power of the house of re¬
presentatives, as to their right to judge of the qualifications of their
own members, viz. That the house has no right to expel one of them,
who may be charged with a crime net commUted in Ms official charac-
COUNCIL OF CENSORS.
115
ter, till he be convicted thereof by Ids proper judges; and we also
adopt the strictures made on the case of . At the same
time we reject, with indignation, all idea of sheltering persons guilty
of peculation and fraud.' It was because the sacred rights of the citi¬
zens had been violated, through this culprit, that we mentioned him,
an<l because we could not pass over such an enormous breach of the
constitution in silence.
Because tiiis construction of the power of the house over its mem¬
bers, allows of full scope to the general assembly, to determine concern¬
ing the legal and constitutional qualifications necessary, to entitle any
p.'i'son to sit therein; that is to say, whether the person returned by
the sheriff', hath given the proper evidence of his attachment to, and in¬
terest in the community; in other words, whether hefhath taken the test
in due time, and paid taxes; whether he hath resided in the county he
comes from two years before the election; whether he holds any office
other than in the militia; or hathsitten in the representative body more
than four years in seven, &c. This interpretation likewise admits of
the sole right of the house to judge and determine, without appeal, of
the merits of elections, and whether the person elected hath disabled
himself for the year ensuing, by giving or promising any reward to be
chosen into assembly. It is also consistent with the authority of the
house, to decide concerning the behaviour of the members individually,
and upon proper ground to expel any of them from his seat. Rut
the house cannot enquire whether the persons fairly chosen by the peo¬
ple, be the " men most noted" in their respective counties " for wis¬
dom and virtue," as called for by the 7th section of the frame of gov¬
ernment. This requisition is merely directory to the electors. And the
member expelled is capable of being immediately re-elected, unless
he has been guilty of bribery at his former election.
On this point we harmonise with the assembly of the late province
of Pennsylvania, of the year 1705, except perhaps as to the disabling of
the expelled, who, by act for regulating elections, have stated the judi¬
cial authority of the house of representatives,in the words following, viz.
" That no person shall be rejected or denied to sit, debate or act in the
general assembly, who shall be willing to make and subscribe the de¬
clarations required by law; provided nevertheless, that nothing herein
contained shall extend to debar or hinder the house of representatives
to reject such persons as shall be unduly elected members of assembly,
or such as the assembly shall see cause, from time to time, to expel or
disable to sit there, by reason of ill practice in elections or misbehavi
our in the house.
We say little of the right of assembly to punish for contempts, orto
restrain breaches of privilege. The house is certainly invested with
power to chastise those in a summery manner, who disturb or inter¬
rupt their proceedings. This is incident to every court of justice. We
contend however, that the authority of the assembly to judge, in the
cases stated above, was not given to them for their honor or advantage,
but because it could not, consistently with the public welfare, be trusted
in other hands. This, we say, is by no means the case in respect to
criminal charges against an assemblyman, not concerning his official
character. Here the freedom and independence of the house are not
affected, and the riglit of the citizen to trial by his peers remains entire.
He should therefore, be deemed innocent, till he be coavicted by hi»,
propetjudges.
116
COUNCIL OF CENSORS.
And inasmuch as the proceedings of the late house, dated Septemr
ber 9, Í7S3, in the case of Mr. , (one of the grounds
upon which we have voted for this report) may not reach our constit¬
uents, we copy them here verbatim, from the printed journals ot the
general assembly, in order to siiew that the proceedings in his case,
have been candidly abstracted in the report.
" Whereas Mr. , a member of this house, for the
county of —: , and late a commissioner of purchases for the same,
hath been guilty of notorious frauds, and other enormous crimes, in the
execution of his duty aforesaid."
" Resolved therefore unanimously. That the said Mr.
is hereby expel led this house, and that the attorney general be ditected
to institute actions against him for fraud and perjury."
And whereas, upon the express and clear words of the 15th section
of the frame of government, the report in substance, states that all laws
and alterations of laws, should be by bill, published for the considera¬
tion of the people, and, except in cases of sudden necessity, should not
be enacted into laws till the next session of the general assembly; and
that all appropriations of the lands, goods and monies of this common¬
wealth, by resolve, which is passed privately and immediately,are eva¬
sions of this 15th article, by which very peculiar restraints are impos¬
ed upon the power of legislating; yet a pretence hath been made tor
the house to proceed in this summary manner, from that part of the
constitution (Sect. 20,) which, having enjoined that " the president
and council shall take care that the laws be faithfully executed," de¬
clares that " they are to expedite the execution of such measures as
may be resolved upon by the general assembljf."
Upon this we remark, that the words last cited are manifestly intro¬
duced, to secure to the council the execution ofsuch measures as shall
be adopted by the legislature; and in order that the general assembly
shall not, by nominating commissioners in their acts, or otherwise ap¬
pointing officers, intercept this privilege of the board; but shall leave
the executive part in every case, whether it be the levying of troops,
the arming of ships of war, or other business whatever, to the proper
and constitutional body.
This passage relates not at all to the mode of exerting the authority
of the legislature. That iiad been too particularly and plainly descri¬
bed in the 15th section of the frame of government, to he unravelled
and contradicted by the words used here for a very different purpose.
Candor requires us to construe one part of the constitution by another,
so as to understand the whole as a consistent system, if R can be done
with fairness and justice; but forbids us to strain contradictions from
general words. If it was indeed proper to state any destinction be¬
tween "laws" and "measures resolved upon by the general assembly,"
the first might be referred to the standing laws of the state; the latter
might intend business of a local and temporary nature; to be establish¬
ed however, by act of assembly, passed with the usual solemnities, in
short, there is no countenance given by the 20th section, to legislating
by hasty resolve.
It is stated in the report, that the second exception in the 20th
section ot the frame of government, viz.. " Except such as are chosen
by the gdTleral assembly, or by the people," ought: to be considered as
introduced there, by way of parenthesis. This interpretation, which
sulvea. every seeming difficulty, and gives operation and consistent
COUNCIL OP CENSORS.
117
sense to the whole, sentence, has been reproached as adding to, or al¬
tering the constitution. But the ciiarge is groundless. The constitu¬
tion is still the same. We vote for the report, because nothing more is
meant in this part of the report, than that the passage in question is
to be read as if it were placed between the marks of a parenthesis; be¬
cause similar interpositions of this nature occur in the frame of govern¬
ment, which are parentheses in sense, tliough they be not marked as
such. Tlius section 15, Except on occasion ol'^sudden necessity.'*
Section 20, near the entrance " Five of whom sliall be a quorum." Sec¬
tion 24, " Besides the. powers usually exercised by such court," and
section 28. " Where tliere is not a strong presumption of fraud," are
instances of this kind. Far from being any strain on the words, this
construction gives the natural sense of the passage. Lastly, we adopt
the report, because the principles thereby established, tend to distin-
giiisii and sever the powers of government, and to prevent tyrannical
exercises of tliem. The assumption of the judicial and executive, into
the hands of the legislative branch, doth as certainly produce instan¬
ces of bad government as any other unwarrantable accumulation of au¬
thority. It is only whilst these are distributed, and kept separate from
each other, that liberty and safety can be expected.
We wish not to strip any of the branches of government, of the
proper and constitutional powers belonging to it, nor to exalt any of
them to the degradation of the rest; but persuaded as we are, that the
transcendantauthority of binding by law, together with the other clear
rights of the representative body, are quite enough to be entrusted to
any set of men, however qualified, we protest against the exercise of
any other by the same persons. And we are decided, that the gene¬
ral assembly, for above seven years past, hath greatly invaded and
dangerously usurped the business and powers of the other deposita-
hes of the devolved sovereignty of the people of Pennsylvania.
On the 16th of July, 1784, the petition of Thomas Mifflin and nina
others was presented, stating that they are members of an ancient
community, corporation and body politic, with continuance for ever,
by the name of " The trustees of the college, academy, and charitable
school of Philadelphia, in the province of Pennsylvania"; that they
aie entitled to certain estates, franchises, rights, &c. for the advance¬
ment of useful knowledge; that they conducted the seminary to the
satisfaction of its benefactors, and to the advantage ot the community,
and that their rights were confirmed by the 45th section of the con¬
stitution of the state. That without any misdemeanor, ottence, ne¬
glect of duty, orMireach of trust, proved against them as a body cor¬
porate, they were disfranchised and deprived of their trust, immunities
and estates in the said corporation, by a law of this commonwealth of
the 27th November, 1779. That no legislature can have autjjority to
divest them of their franchises, nor, without their consent, to 'take the
fruits of their labor, as the foundation upon which to establish an uni¬
versity. They tlierefore pray the council of censors to take the preini-
George Bryan,
Joseph Hart,
James Edgar,
William Montgomery,
John McDowell,
¡Samuel Smith,
John IVhitehill,
James M Lene,
William Finley^
James Potter,
Baltzer G ehr,
John Smiley.
418
COUNCIL OF CENSORS
ses under tlicir wise consideration, and do therein as justice and equity
shall direct.
In the original report, as made to the council by the committee ap¬
pointed to enquire whether the constitution has been preserved
inviolate in every part, &c. was contained the following paragraph,
viz.
That the act passed on the 27th November, 1779, entitled 'An act
to confirm the estates and interests of the college, academy and char¬
itable school of the city of Philadelphia, and to amend and alter the
charters thereof, conformably to the revolution and to the constitution
and government of this commonwealth, and to erect the same into an
university,' is a deviation from the constitution.
Upon the consideration of the report, the foregoing paragraph was
negatived by the council of censors ; and the following reasons for the
votes given upon the question^ were inserted upon the minutes;
Reasons of dissent from the decision of the Council.
1. Because charters granted to religious and charitable purposes,
are carefully guarded by the 45th section of the frame of government,
a clause introduced into the constitution, as is well-known, with a par¬
ticular view to the rights ofthis institution.
2. Because the suggestions in the act for seizing the charter of the
college, that the trustees in the year 1764 had, by a bye law, narrowed
the original broad and extensive plan of the institution, was not only
without evidence, but against complete evidence, as has been shewn in
council. We therefore consider this suggestion but as the specious
colouring to a scene of pre-determined injustice, which the actors
therein could not safely trust to a court of law, whose proceedings are
conducted under the check and solemnity of oaths, administered to the
occasion, and thus accounting why the proper tribunals were neglect¬
ed, and resort had to the less scrupulous decisions of the legislature.
3. Because tlie supplementary suggestion of some in the council,
that a forfeiture was, at a certain time subsequent to the revolution,
incurred, from a deficiency of qualified persons to conduct the busi¬
ness of the institution, is frivolous and equally unsupported. We
liave full evidence, that at no time whatever, was there a want of qual¬
ified trustees, or of teachers; and accordingly, in their bands, until
the war was brought immediately to their door, was the institution
conducted with a degree of reputation which, with all the extravagant
increase of endowment, and the imposing splendor of its new name,
it has not been able under other management to emulate.
( 4 Because the law, in our opinion, is in itself, and independent of
i ts immediate wrong, truly exceptionable. We consider the alteration
in the mode of constituting the board of trustees, as materially for
the worse. The care of education is best confined in private hands.
Servants of government, and even ministers of religion, have been in
all ages and in every country the interested tools and favorers of pow¬
er.^ To make any of these trustees ex officio, is to create a dangerous
alliance betvVeen the institution and the state, by which the dogmas of
a slavish obedience may come gradually to displace the pure and exalt¬
ed precept of liberty, and learning itself be made instrumental to
the purposes of tyranny and oppression.
COUNCIL OF CENSORS.
119
On the whole, we consider this act as a blind sacrifice to party, of
the rights of individuals, (many of whom had eminently served the
cause of this country in promoting our glorious revolution,) asan en¬
couraging example to future attempts, against whatever may be ima¬
gined t)est secured and fenced by the highest legal sanctions ; and as
a bold intraction of a constitution, held up by the advocates of this in¬
justice as a perfect model of political wisdom, and as such we protest
against the act, and against every measure and proceeding tending to;
its support and confirmation.
Thomas Fitzsimoris, John Jlrndf,
Thomas Hartley, Richard M Mlisler,
David Espy, Arthur St. Clair,
*Javies Read, Anthony fVayne.
*^Mr. Read would have it understood that he has sentiments
as favorable to the constitution as those held by those from whom
he here dissents.
Reasons for dismissing from the report of the committee appointed to
■ enquire whether the constitution has been preserved inviolate, &c.
the paragraph relative to the college, academy and charitable school
of the city of Philadelphia.
1. Because the corporation named "The trustees of the college,'
academy and charitable school of the city of Philadelphia, iuthe prov¬
ince of Pennsylvania," constituted by two charters, granted by the
late proprietors of Pennsylvania, the first bearing date the 13th of
July, 1753, and the second on the I4th May, 1755, had lost their ac¬
tivity, and were incapable of exercising their essential functions. The
power of appointing new trustees, and of appointing or discharging
the provost, vice provost and professors, or any of them, being long lost
before this act of assembly was made ; and thesè integral and vital parts
being e.vtinct, the body corporate, if not dissolved, was so far dead,
that it could not be reanimated or put again in motion by any power
of its own. For at the time the act of assembly aforesaid was passed,
there were but seven of the twenty-four persons named in the charter
of 1755, v;ho were not either dead, or who had not resigned their
trusts, to wit: - - - - _ . ,
the last of whom was civilly dead, he having been attainted of high
treason ; and upon a careful investigation of the minutes of the board,
we find that there were never present at the election of anew trustee,
from the date of the last charter, thirteen members, except on the lltli
January, 1757, when Benjamin Chew, Esq. was chosen to be one of
the trustees, so that with him there were but seven (were there no'
other objection) who were capable of doing any business.
By the last charter the trustees were enabled to fix the number ca¬
pable of doing business at a meeting, which number so met shall by the
majority of votes transact any particular affair or business,in as ample
and effectual a manner as if all the said trustees were present; ex¬
cepting always the nominating, constitutipg and discharging the pro¬
vost, vice-provost, professors or any of them, in all and every of which
acts there shall be thirteen members of the said corporation present and
consenting. If therefore thirteen members were not only required to
be present, but consenting to the nominating, constituting and dis¬
charging one of the professors, it seems reasonable to conclude
ISO
COUNCIL OF CENSORS.
ihat an equal number at least was requisite for the nominating and
constituting a trustee. However, as to the number necessary for
electing a trustee, the charter is silent, ant! therefore it appears to us.
that this act must be done agreeably to the rule of the common law,
which, in such case, always requires a majority of the whole society.
But be that as it may, it is exceedingly clear that thirteen members
were absolutely necessary to the appointing or removing the provost,
vice-provost or a professor, and if there were not the number sufficient
for these purposes, the vital parts of the body corporate were extinct.
On the Istof June, 1778, the names of those who were said to be trus¬
tees, wore, accord i ng to i niormation from the mm u tes of the board and oth¬
erwise, twenty-one in numbeP,ofwhom eleven were unable toexecute the
trust, by neglecting to take in due time the oath of allegiance and ab¬
juration, and three others were civilly dead, they having been attaint¬
ed of high treason; so that seven only remained who were capable of
executing any part of the trust, and of these, three had remained with
the British army in the city, and voluntarily put themselves under the
power and dominion of the enemy.
The following remarkable entry appears in the minute book of these
gentlemen, dated the l8th June, 1779; six members present;
"It was also resolved, that Mr. —— , not having for many
years appeared at the board, and being now removed to New York, his
place shall be supplied at this board by the choice of a new trnstee."
On this we shall only observe, that these gentlemen well knew that
i , and bad been attainted of treason
long before, of which they take no notice, but on the contrary, resolve
that the place of shall be supplied, determining by impli¬
cation, as far as they could, that the act of attainder was void and of no
effect,'and declaring, in the face of a law of their country, that his place
as a trustee was full, till vacated by his removing to New York ; for
we find that by charter going to live five miles from Philadelphia city,
vacated the seat of a trustee.
There appears another entry among the minutes of these persons, of
the 28th of June, 17r9, which is as followeth :
"Present eleven members. It being resolved, that the seats of
—— and are vacant, it is agreed to choose two new
trustees in their room on the third Tuesday in July, of which due no.
tice IS to be given to all the trustees as usual."
We remark on this proceeding that these gentlemen could not, nor
could any corporation vacate the seat of a member by a bare resolve,
but they did not choose to assign their attainder as a reason, and they
were now afraid to assign any other ; for this was done after the house
of assembly had heard of their inimical disposition towards the Amer¬
ican cause and the revolution, and bad appointed a comntittee to en¬
quire into their conduct and affairs.
2 Because no hew trustee could be elected and take bis seal at the
board, without taking an oath of allegiance to the king of Great Brit¬
ain, which was made a condition precedent by the charter.
3. Because the corporation passed a bye-law on the 14th âaj of
June, 1764, whereby the provost was always to be a member of the
church of England, and the vice-provost to be a person dissenting from
that church ; and »¿o persop afterwards elected a trustee was to beper-
vntted to take his seat at the board, until he subscribed the same. By
which the original plan and foundation of the seminary was narrowed.
COUNCIL OP CENSORS.
an addition made to the charters, contrary to their spirit, and in the
face of them ; and the trustees were bound in an arbitrary manner, to
support this bye-law. Viewing this bye-law in every light, and per¬
ceiving its tendency and operation, we conceive that it amounts to a
iorfeiture of the said charters.
4. Because the education of youth has been always considered by the
greatest philosophers and lawgivers, as the most certain source of the
ti*ani|uility and happiness both of private families and of states and.
empires. Youth are as the nursery of the state, and from among them
magistrates, ministers, and all persons placed in authority and influ¬
ence are taken ; and it is evident that the good education of those who
are one day to-fill those places, will have a powerful effect on the
whole body of the state, and stamp the spirit and general character of
the whole nation. The republic is as much interested in the proper
education of children as their parents, and therefore it behooves the
state to take care that in public seminaries and schools, they be early
inspired with a love of their country, respect for its laws, and a taste for
the principles and maxims of the state wherein the}-^ are to spend their
lives. The spirit and character of a republic is very different from
that of a monarchy, and can only be imbibed by education. From
these principles, we conceive it was the duty of the legislature of this
commonwealth, as guardians of the rights of the people, (and we have
no doubt of their power,) after so recent and great a revolution from
monarchy, to take'especial care of the education of the youth, in tiia
first seminary of the state; to place it under the direction of gentlemen
not only of education, but of known republican principles, and of tried
virtue; and by all means in their power to prevent the commonwealtii
from receiving any detriment, either from the influence of men hostile
to equal liberty, or inimical to the revolution and independence of this
state, or from any other cause. We doubt not that it appeared to the
assembly in 1779, which passed the act under consideptiOn, as it doth
to us, that the great majority of the late trustees of the college of Phil¬
adelphia were not only hostile to our independence, but abettors of the
cause of the king of Great Britain, and totally disqualified for such a
trust under our present government.
To remedy all these defects, incapacities, forfeitures and evils, legis¬
lative interposition became absolutely necessary. They accordingly re¬
animated the orphan seminary; gave it new guardians; secured its es¬
tates and'interests, which were very near being lost; re-established
the institution on its original broad bottom; provided it with new funds,
and bestowed on it a new name and additional honors. In this tlie
general assembly injured no man's property; they violated no part of
the constitution of the college, but they added new strength to it. The
qualified and worthy gentlemen among the former trustees, at any
rate, had buta naked trust in the estates of the college, uncoupled witli
any interest whatsoever. And upon the whole, so far from censuring
the assembly who passed the act referred to, they merit the warmest
thanks of their constituents for their wisdom, virtue and just attention
to the happiness of their country, displayed on this occasion.
5. Because, that although we highly reprobate all intermeddling of
the general assembly with the estates, interests or misdeeds of in¬
dividuals, who are by the bill of rights secured the privilege of trial
by jury, unless the matter be strictly within the cognizance of the
house, or be proceeded on by orderly impeachment, yet we have no
16
COUNCIL or i ENSORS.
idea that corporations, which are the creatures of society, can, under the
bill of rights, plead any exemption from'legislative regulation. Cases
may be supposed with the highest prohablity, wherein, without break¬
ing any law that may be devised, a body corporate might become not
only a nuisanee but dangerous ; and therefore we cannot concede that a
charter, obtained perhaps by fraud or imposition, or granted through
the facility of our representatives, cannot be altered or repealed by
any succeeding general assembly. Of this the university of Oxford,
left improvidently in the reign of William the third of England, iii
the hands of the clisaffccted, is a striking proof. If this doctrine were
true, and verdicts ascertaining the abuse of charters were previously
necessary, the extravagant inéquality of representation in the English
.parliament could never be reduced to original principles ; nor tbe rot¬
ten boroughs, as tiiey are called, be deprived ot their mischievous
privileges. For it is plain, that this can only be cured by a law, which
shall pass through all their charters. Nay, at this rate, should the
bank of North America or any other corporation, become a monster of
weight and influence, and be able to counteract and overrule our le¬
gislative proceedings, nothing less than a general rising of the people
vvould be equal to the exigency.
We consider that these imperia in imperio, these governments with-
m the government of the state, holding common estates of large value,
and exercising the power of making bye-laws, as against the spirit and
the policy of democracy, and only to be endurea in order to obtain
advantages which may greatly counterbalance the inconveniencies and
dangers which accompany them. In Pennsylvania we have not a sole
executive olfieer of permanency and weight, sufficient to restrain, and
whose interest it is to keep those communities in awe; they may
therefore gradually produce an indirect, yet firm aristocracy over the
state, before we be aware of the mischi' f.
In England, a charter misused may be dissolved in a court of law
upon the verdict of a jury ; and if the king be deceived by false sug¬
gestions of the grantees, the court of chancery has authority to repeal
the charter so obtained by fraud. But will it be said, that an act of
incorporation passed here can be forfeited or repealed for imposition
on the house, unless by the legislature? In fine, this doctrine, that
the general assembly ought not to interfere with a corporate body, till
a verdict of mis-user has been found against it, involves this absurdity,
that one house of general assembly can enact a law that no succeeding
general assembly can alter, auiQiul or repeal without the consent of
the corporators, who may be highly interested in opposiug the inter¬
position of the legislature.
By recurring to the journals of the general assembly, we find that
on the 29th and 30th of September and 1st of October, 1779, the said
trustees and pretended trustees were heard by counsel before the
house; and that a bill for the purpose of confirming the estates and for
new modeling tiie seminary was afterwards ordered, brought in and
read in assembly, but from want of time was recoiuinended to the early
attention oí the next house ; and that the succeeding general assembly
soon after its meeting, ordered a new bill t» be framed for the same
purpose, and that although they declined to hear counsel on this sub¬
ject, they appointed a committee to procure the evidence, papers,
iScc. necessary for the investigation thereof; and that Dr. William
COUNCIL OF CENSORS.
123
Smitli furaishcd to the house all tlie information of which he was
possessed.
George Bryan, John Smiley,
Joseph Hart, Simon JJreisbach,
James Votier, James Edgar,
Samuel Smith, TVilliam Áfontgomery,
James JVl^ene, John JPI)oiuell,
JfHliam Finley, Baltzer Gchr.
John Tfliitehill,
The preceding pages contain the reports &c. of the council of censors,
made under the power delegated to them, to enquire whether the con¬
stitution had been preserved inviolate ; and whether the legislative
and executive branches had performed their duty as guardians of the
people, or assumed to themselves or exercised other or greater pow¬
ers than they were entitled to, by the constitution.— They embrace,
it is apprehended, all the decisions of that body upon the constitution
which can be of any interest to the public. There was a report adop¬
ted relative to such proceedings of the supreme executive council, as
in the opinion of the council of censors were deviations from the frame
of government, but, the details relate principally to proceedings of the
executive council during the struggle for independence. Although
the report contains many serious reflections, and cites a great
many instances of deviations from the constitution, yet, as they
can generally be traced to the particular situation of the state and na¬
tion at that period, it is believed the insertion of the report here,
would not in any considerable degree serve to explain the powers of
tiie executive branch of the government.
Under the authority delegated to the council, a committee was
appointed to enquire whether the public taxes had been justly laid
and collected in all parts of the commonwealth; also a committee to
enquire in what manner the public monies had been disposed of, and
whether the laws had been duly executed. TJiese committees exam¬
ined with great minuteness the subjects referred to them ; their powers
were extensive, and their duties required great labor and research ;
they severally made detailed reports which were apparently discussed
very fully by the council, reasons for, and against various parts were
entercrl upon the minutes, and the consideration occupied much time.
These reports are not inserted here for the reason above stated, they
principally relate to transactions which sprung from the revolutionary
war, and being predicated upon an extraordinary state of things, to
which they almost exclusivly relate, their applicability is necessarily
limited to similar circumstances.
It is true the same remark applies to apart of the reports which have
fjccn inserted, but it was believed it would be more satisfactory to
the public to present these reports entire, though they do contain some
matters of a local character, than to destroy their connexion by mak¬
ing partial extracts.—
During the second session of the council, remonstrances signed by
tJpwards of 18,000 mhabitants of the state, against calling a convea-
tion were presented, the number of petitions did not amount to 300.
On the 16th of September 1784. The report of the committee of
the whole read on the preceding day, was taken up for a second read¬
ing. viz. The committee of, the whole report, that they have mature-
IM
COUNCIL OP CENSORS.
ly considered t'ie busineâs referred to them, and having agreed to the
following resolution they now submit the same to council viz.
Resolved that there does not appear to this council an absolute
necessity to call a convention, to alter explain or amend the consti¬
tution.
On the question will the council adopt this resolution, the yeas and
nays were as follow :
YEAS.
George Bryan,
Joseph Hart,
Samuel Smith,
John Whitehill,
Jh-mes M'Lene,
James Itead,
Baltzer Gehr,
Simon Dreisbach;
William Montgomery,
James Potter,
J'olm Smiley,
William Flnley.
James Edgar,
John M'Uowell,
NAYS.
Thomas Fitzsimons, Anthony Wayne, Thomas Hartley, John Arndt,
Fred. A. Muhlenberg, .Tames Moore, Itichard M'AUister. David Esp)',
Athur St. Clair, • Stephen Chambers,
On the 24th of September 1784. The following draft of an address
from the council to the fVeemen, of the commonwealth of Pennsylva¬
nia, was read the second time viz.
Having finished the period of our appointment, and having, as far
as we are able, completed the new and important business assigned
tous by the terras of the constitution, and the choice of the people, we
are about to return to our private employments. Refere we separate, n e
wi-h to address a few words to our constituents on this solemn and impor¬
tant occasion, when tiie guardianship of those sacred rights, which
belong tous as freemen is again devolved on the community at large.
In the first place you perceive that we have determined not to haz¬
ard the callingof a convention, for the purpose ofefFecting any changein
the frame of government, or bill of rights. To this determination the
remonstrances of great numbers of freemen, against a plan of alter¬
ation, which had been proposed at our former sitting, not a little
contributed. There is no human performance which might not be ca¬
pable of amendment, and it would therefore be great presumption to
say that our constitution is perfect ; but it certainly contains tiiose
great pi inciples of equal liberty, which in our opinion ought never to
be endangered. We have found also, that among the number of peo¬
ple who have been clamorous for alterations, very few could agree to¬
gether what alterations were proper to be made : Some have proposed
one thing, some another, and what one sett of.them approved, an¬
other sett rejected with abhorrence. Rut, what is of greater impor¬
tance, we found that some persons of high standing in life, and of great
iniluence, among whom were a considerable proportion of our own body,
had entertained ideas of government which they were struggling to
carry into effect, in our opinion highly pernicious, and utterly in¬
consistent with liberty. We did not think it by any means consistent
with our duty, for the sake of removing some pretended inconveni¬
ences, wliicii are either imaginary, or have flown from abuse, and not
from the constitution itself, to put to r isk, at a time when such active
and restless attempts were made to introduce an .arbitrary gov eiim-eiit,
the great fundamentals of our constitution, which hath hitherto proved,
.and we trust will long remain the palladium of liberty, in this opin¬
ion wc have the happiness to believe, that we are supported by the sense
COUNCIL OF CENSORS.
o our constituents. Wetrould add, thataftcr all which has been said
and written on the subject, we are firmly persuaded that the constitution
of Pennsylvania needs only to be faithfully administered by men, who
are honestly disposed to support it according to its true spirit and in-
téntion, tobe the best system of government in the world.
Another great task enjoined upon us by the constitution, which in¬
deed ought to have engaged our earliest attention, but which has been
postponed to the last, was to enquire, " Whether the constitution
has been preserved inviolate in every part, and whether the legisla¬
tive and executive branches of government have performed their duty
as guardians of the people, or have assumed to themselves or exer¬
cised other or greater powers than they are entitled to by the consti¬
tution." This ardous task we have undertaken and executed, we hope at
least with impartiality. We know that our power is at an end ; that
we are returning to the rank of private citizens, without any more
interestin the cohcernsofthe public than what belongs to every individ¬
ual in a free state ; that for seven years to come, the eensorial au¬
thority will he suspended; that during that period some of us in all pro¬
bability will be numbered with the silent dead; and that few, perhaps none
ot us, will ever again sit injudgment upon the constitution of the state,
and the administration of its servants. We known also, that the con¬
stitution has entrusted to us no power of enforcing our decisions. We
can only give our opinion, we can only recornmend. The good sense
and virtue of the people are entrusted with tlie execution. We leave
with you, therefore, our honest and^ well meant declarations, which
for your own sakes we are confident you will seriously attend to. The
last seven years which have elapsed since the formation of the consti¬
tution havebeen uncommonly tempestuous; we are sorry to say, but it
is too obvious to be concealed, that although the storm has abated, yet
the tossing of the waves has not subsided. The time we doubt not
however is at hand, when our proceedings will be calmly considered,
and fully attended.to by the good people of Pennsylvania. They will
then have that weight which the constitution requires them to have.
They are not calculated for the passion of a day ; but for permanent
regulation. We have freely censured deviations from the constitu¬
tion, by whomsoever committed; we have stated our sense of the true
construction of difterent clauses of the constitution ; we have borne
our testimony against the incroachments of one branch of government
upon another, and have endeavored to restore that balance between
the different branches which the constitution had wisely provided, and
which is so highly essential to constitutional liberty, but which it
was feared was in danger of being lost.
We are assured by the greatest writers on political law, and we
firmly believe, that if all the different branches of power were to be
centred in the hands of onebody of men, liberty would be atan end.
It is unfortunately too true, that we have not been unanimous in
our deliberations for the public good. It is well known that parties
have for a long lime run high on the question whether the constitution
should be continued or altered; whether a convention shouldbe called
«mot. We apprehend that it is an unfortunate circumstance thai thijs
question, about which we were sure to difter, was first of alf taken
up, though it be the last proposed for our consideration in that section
of the constitution which gives us ourauthoity and prescribes ourduty.
This unhappy question, imch at different times has done so much mis-
1S6
COUNCIL or CENSOIíS,
chief, kindled high «lebates in our council, consumed much of the
time, of our first session, and at last prndiiceti a direct appeal to the
people at large dining the adjournniont. No vender tliis transaction
excited some considerable degree of animosity, especially in those
vho have been disappointed in the decision of a question so important
in itself, and so eagerly contended This unhappy question, we are
convinced, has lain at tiiebottom of all our disputes. Indeed tins object
h,as never been out of sight; for wliilst one partof us lias laboured to
purge from the constitution the abuses that have crept in, others
have never ceased to hold up the pretended necessity of a convention.
Our di.-putfs have produced frequent appeals, in the form of rea¬
sons of assent and ilisscnt, some of them tiio much in the stile of ac¬
rimony. Our feihny citizens we trust will be able to distinguish be¬
tween the voice of reason and the language of disappointment. e
should have been happy to have agreed with our brethren ; we weie
obliged to (ILTer with them in opinion, especially on the great point
so often mentioned.
One ortwo objections have been stated iiy the miro?iiy, uInch de¬
serve a moment's cool attention. It is made an objection, that <■:-
planations of many parts of the constitution are introduced, which it
IS asserted is the exclusive business of the convention. The busi¬
ness of the convention, if a convention had been called, vvc appre-
iiend would have been to establish and confirm such amendmeui.-, ex¬
planations and auditions, as had been agreed upon by the council o! céu-
sors, and promulgated atleast six months before theeicction of the mem¬
bers of the convention. Our busi'tîess was to examine "whether the con¬
stitution had been preserved inviolate in ail its parts,and whetherthe leg¬
islative and executive branches of g-ovciinnent had assumed to tbein-
selvcs other or greater powers than they were entitled to by the con¬
stitution." It "was impossible to do this, without exp'aining what the
constitution meant in the difiercnt passages which came under consid¬
érai ion upon these questions ; as impossible as it would be to deter¬
mine wliether a man iiad walked in the right path, without examining
what the right path is. This is very difTerent from altering the consti¬
tution; as difiercnt as the duty of a judge is from fliat of a legisla¬
ture. Judges in every part of the world explain and declare what the
meaning of the law is ; but they cannot alter th« law. We must have
ileserted a great, ami perliaps the most important part of our duty,
that of examining into the deviations from the constitution, if we had
not umlerlaken to explain and understand what the constitution
meant. More need not be added on this head.
Another objection is taken to our construction of the 20th section
of the constitution, in that part which directs that the supreme exe¬
cutive council are to prepare such business as may appear to them ne¬
cessary to lay before the general assembly. We have supposed, and
liave no doubt that tliis section, wiiich directs the council to prcpaie
buch business as may appear to them necessary, directs them to pre-
j'are, among other things, sketciies, or draughts of bills, which area
pait oí thebusincss of the house, if on any occasion they should think
Mich business, (bat is to say such draughts of bills, necessaty. We
apprelieiid no other cunstniction can be put on the words. Yet it is
asserted' that this construction conveys a monstrous power to the cuun-
COUNCIL OF CENSOÎIS,
til, is an incroachment on the authority of tlie legisîafure, and a-
inouiits to the power of originating ail laws in the cotrncii. We trust
that candid iinii unprejudiced penide will think otherwise, Tf indeed no
bills could be brought before the assembly, but those of whicii the
council prepared tlie draughts, it would be attended with the dano-er-
ous consequences whiaîi have been urged against us : ßut, on°the
present construction, the legislature have the full power of bringing
in and rejecting what bills they please ; and as to any draughts which
may be prepared by council, the house, if they choorse, may even re¬
fuse to sulVer them to lie on the table. Ihe house have the whole con-
troul, the whole power. Council can only assist the house to expedite such
business as they choose to perform, and abi.ut which tl.cy are wiliinir
to receive the assistance of council. There is no danger of any in¬
croachment on the authority of the legislature. They arc supreme
and sovereign in their own department, and wholly independent of
the council. On the other hand council in many instances, particularly
as to salaries and pay, are and ought to be dependent upon them. In
preparing business to lay before the general assembly, the council will
act in subordination to the pleasure of the iioiise, without any autl.ority to
controul the legislature. As well might a servant, who is bound to aid
and assist his master, be suspected to have it in his power to cnshive him.
Other objections, in the heat of debate, have been urged and en¬
tered on our minutes against our proceedings. Amongst the rest we
are blamed for not approving of the power claimed by some persons
for the general assembly, of being at once the accusers and judges
of such as may be charged with misconduct in cilice* \Ve think tliis
a power of an odious nature, which no assemblymen would wish to ex¬
ercise; .and tiiat the only constitutional mode of trial for any supposed
crime is either by jury, or on impeachment by the assembly before the
council. We are conndent tliat the people of Pennsylvania will never
be averse to the fairest and fullest opportunity of defence that can be
allowed to a supposed criminal, and will in ordinary cases prefer the
mode of trial by jury; in e.xtraodinary, that of impeachment. We
think the constitution enjoins it.
But there would be no end to our address, if we v;ere to go into all
tiie disputes 1 hat have taken place among us. Good men will judge
of our proceedings with candor: intelligent men will refiectand deter¬
mine for themselves. The minutes of our proceedings are published
for the inspection of tiic world; and we wisii tliein to be impartially ex¬
amined. We have met with obstructions which we did not expect ;
but we wish not to inflame ; we wish the peace , of Pennsylvania. Ic
would crown our days with joy ; it tvouldaOord the most solid conso¬
lation to our declining years (fur the most of us have passed the meri¬
dian of life) should our endeavors contribute any thing towards re¬
storing the peace and happiness of this distracted state. Should w e be
disappointed, we shall still console ourselves with the reflection, that
we have used our best, our most honest endeavors. By you we were
appointed; and into your iiands we resign the sacred deposit of the
public welfare.
Before we take our final leave, however, we must intreat to be cn-
dulged a few words more respecting the conduct vvhicli we conceive to
be necessary for the preservation of public liberty, and witliout which
the forms of all constitutions are vain. We have seen tliis state ue^
no very distant periodj with her sister states, kindled into a flame ot
1S8
X30UNCIL OF CENSORS.
J)a,triotism, which enabled us to overlook mere personal consideration»,
and to consider the interests of the communitj as of more importance
than our own.—That glorious principle seems much obscured; but we
hope is not extinguished. If we could be induced to lay aside our
personal animosities and party prejudices, we are persuaded that
public spirit would revive, and the state would be happy.
The immediate effect of this spirit would be, that honest and able
men, men of known fidelity, would be employed in the service of the
public, and we should all be found promoring the good of each other, in¬
stead of quarrelling among ourselves, and hunting down and destroy¬
ing some ot the most faithful friends of the American cause. For sev¬
en years to come, the constitution cannot fie changed ; it may be ob¬
structed and opposed, abused and misapplied tobad purposes, as the
best things often are, and always may be. Should this unhappily be the
case, we shall continue to see days of tumult and confusion. But we hope
for better things. It is certainly our interest and duty as a people to be
at peace with each other, and not to be led away by persons who have
private and selfish,views, into scenes of discord and misery. If with
heart and hand united, we will all combine to support the cónstftu-
tion, and apply its injunctions to the best use of society, we shall find
it a sourse of the richest blessings. We would earnestly recommend
this to you. Give it a fair and honest trial ; and if, after all, at the
end of another seven years, it shall be found necessary or proper to
introduce any changes, they may then be brought in, and established
upon a full conviction of their usefulness, with harmony and good
temper, without noise, tumult or violence.
May the God of harmony and love deeply impress these senti,
ments on all our minds—Farewell.
On the question will the council adopt the said address, the yeas
and nays were as follow viz.
George Bryan,
Joseph Hart,
Samuel Smitli,
John Wliitehill,
James M'Lene,
James Bead,
YEAS.
William Montgomery,
James Potter,
Jolm Smiley,
NAYS.
William Finley,^
.lames Edgar,
Jolm M Do « eil.
Thomas I'itzsimons, Anthony Wayne, Stephen Chambers,
Fred. A. .Muhlenberg, James Moore, Thomas Hartley,
Arthur St. Clair,
SEPTEMBER 25th, 1784.
Richard Af.AUister,
David Espy,
The council at^journed till the day preceding the next general
election.
PROCEEDINGS»
169
PART IV.
C\\aY*leTc 1.
l^ROCEEDINGS RELATIVE TO CALLING THE CONVEN¬
TION OF 1789-90.
STATE OF FENNSYLVAmA.
IJ\ GENERAL ASSEAIBLY, ATarth 24, 1789.
The motion made by Mr Wynkoop, seconded by Mr. Schmyser,
March 20tn, containing an address on the subject of calling a conven¬
tion for the purposes therein mentioned, was read the second time.
It was moved by Mr. Lewis, seconded by Mr. Clymer,
To postpone the same, in order to introduce the following resolu¬
tions in lieu thereof, viz.
Resolved, That in the opinion of this house, alterations and amend¬
ments of the constitution of this state are immediately necessary.
And whereas, by the declaration of independence, it is declared as
a self-evident truth, "That all men are endowed by their Creator
with certain unalienable rights; that among these are life, liberty, and
the pursuit of happiness; that to secure these rights, governments are
instituted among men, deriving their just powers from the consent of
the governed ; that whenever any form of government becomes de¬
structive of these ends, it is the right of the people to alter or to abolish
it, and to institute new government, laying its foundation on such
principles, and organising its powers in such form, as to them shall
seem most likely to effect their safety and happiness And whereas
it is also declared by our own bill of rights, " That government is or
ought to be instituted for the common benefit, protection and security
of the people, nation or community, and not for the particular emolu¬
ment or advantage of any single man, family or set of men, who are a
part only ofthat community, and that the community hath an indubit¬
able, unalienable and indefeasible right to reform, alter or abolish gor-
ernmeht, in such manner as shall be by tiiat community judged most
conducive to the public weal From all which, as well as from the
nature of society and the principles of government, it manifestly ap¬
pears, that the people have at all times an inherent right to alter and
amend the form of government, in such manner as they shall lliink
proper; and also that they are not and cannot be limited to any certain
rule or mode of accomplishing the same, but may make choice of such
method as to them may appear best adapted to the end proposed.
And whereas the burdens and expenses of the present form of gov¬
ernment are with difficulty borne, and various instances occur wherein
tliis form is contradictory to the constitution of the United States,
which every member of the legislature and all executive and judicial
officers must be bound by oath or affirmation to support—circumstan¬
ces which will not admit of the delay of the mode prescribed in the
constitution—It is, therefore, further
Resolved, That it be and it is hereby proposed and earnestly recom-
znended by this house, in execution of their trust as faiflifhl, housst'
17
m
raocEEaiNcs.
representatives and suardlans of the people, to the citizens of this
commonwealth, that they take this important subject into their serions
consideration. And should they concur in opinion with this house,
(it being the right of the people alone to determine on this interesting
question,) that a convention, for the purposes of revising, altering and
amending the constitution of the state, is necessary, it is hereby sub¬
mitted to their decision, whether it will not be most convenient and
proper for them to elect menlibers of convention, of the same numbers
and in the like proportions for the city of Philadelphia and the several
counties with those of their representatives in assembly, on the day
of the next general election, at the'places and in the man.ner pre¬
scribed in cases of elections of members of assembly by the laws of
the state. •. ..
That this house, on the pleasure of the people in the premises being
signified to them at their next sitting, will provide by law for the ex¬
penses which will necessarily be incurred by the proposed convention,
and will, if requested, appoint the time and place for the meeting thereof.
And that the supreme executive council be, and they are hereby re¬
quested to promulgate this recommendation to the good people of this
state, in such way and manner as to them shall seem most) expedient
for the purposes herein intended.
Which was carried in the affirmative.
And the said resolutions being '^by special order read the second
time.
On the question,—"Will the house adopt the said resolutions?"—
the yeas and nays were called by Mr. M'Lene and Mr. Kennedy, and
were as follow, viz.
George Clymer,
Thomas Fitzsimons,
Jacob Hiltzheimer,
Lawrence Sickle,
"William Lewis,
William M'Pherson,
John Salter,
George Logan,
Wm. Robinson, jr.
Gerardus Wynkoop,
John Chapman,
Valentine Upp,
Samuel Foulke,
Richard Thomas,,
David Mitchell,
Thomas Kennedy,
Thomas Beale,
Jonatlian Höge,
.lohn Ludwig,
John Piper,
YEAS.
James Moore,
Mark Wilcox,
John M'Dowell,
Caleb James,
Richard Downing, jr.
Alexander Lowrey,
James Cunningham,
Henry Dering,
Thomas Clingaii,
Thomas L'Jley,
Michael Schmyser,
Henry Tyson,
Joseph Sands,
Daniel Broadliead,
NAYS.
Samuel Macla)',
James Barr,
William Todd,
James Marshall,
James Allison,
John Gilchreest,
Beter Trexler, jr.
Conrad Ihrie, jr.
Stephen Balliot,
Jacob Baylor,
John White,
John Irwin,
Alexander Wrigh^
Robert Lollar,
Jacob Reiff,
Peter Richards,
Jonathan Roberts,
John Carson,
Obadiah Gore.
41
Theophllus Philips,
James M'Lene,
James Julmson,
Jacob Miley,
Adam Orth. 17
So it was carried in the affirmative, and the resolutions adopted.'
PROCEEDINGS.
181
^casons for dissenting from the resolutions of the 24i/i March, res¬
pecting the calling a convention.
We dissent for the following reasons:—
1. For that the constitution of this state has wisely provided for a
peaceable and orderly reformation of our government, if it shall be
thought to require it, by a council of censors, who are to be elected
once in every seven years, and whose stated time of election and
meeting will be in the next year: and although we admit that in our
government, as well as in ail others, the community hath a right to
reform, alter or abolish the government, in such manner as a majority
of the people shall think right; yet the people themselves are suffi¬
ciently able to judge when the necessity of a revolution shall arrive;
and we think it highly improper, to say no more, that the servants of
the p'eople, appointed under the copstitution, for the purpose of main¬
taining, supporting and executing the constitution, who are bound by
the solemnity of an oath to maintain the rights of the people, as de¬
clared in the constitution, should undertake a measure like the pres¬
ent, which is evidently calculated, as far as the power and influence
of this house can extend, to subvert and destroy the constitution.
2. For that every government acquires respect and force from age,
qnd the people are more disposed to obedience, more pleased and
moie happy, when, added to the authority.of laws, their government
has acquired the sanction of ancient examples, and the veneration
which all men are disposed to pay to the opinions and practice of an¬
tiquity; and it is therefore of infinite consequence to form a good
constitution in the beginning, and to adhere to it when formed. Fre¬
quent changes in government naturally destroy that respect which is
so essential to its weight and energy ; one change leads to another, and
frequent changes are too apt to end in the contempt of laws, confusion
and anarchy, even where they are effected in the most peaceable man¬
ner: but this is not all—the precedent established on this occasion
will be introductory of a ruinous fluctuation in the principles of gov¬
ernment ; its consequences may be feuds and factions. As few revolu¬
tions are brought about without bitter and lasting animosities, con¬
tentions and violence, we cannot apprehend that anticipating one sin¬
gle year, or even two years, in the attempt to change the form of gov¬
ernment, is worth the endangering the peace of the community, and
the risk-nf bringing all government into irreparable contempt.
3. For that we cannot apprehend the present constitution of this
state to be in any wise inconsistent with the new federal constitution.
The government of the United States we know to be paramount to
our own, and that our laws cannot be suffered to interfere with theirs:
But we cannot conceive that our constitution is calculated to clash
with that of the United States, any more than those of the other states
in the Union ; and we do not find that the other states have yet deem¬
ed it necessary to change their constitutions. Ours, as well as theirs,
will be confined perhaps to fewer objects, and our laws will be more
subject to controul than heretofore, but the constitution of the United
States neither needs nor demands the alteration of the state constitu¬
tions. The constitutions of the individual states and that of the Uni¬
ted States may move each in its own sphere, without clashing, for any
thing we can discover to the contrary. The judges of Pennsylvania
will not be empowered to contradict the laws of the United Stàtes,
but judges of the separate states will be boupd by the laws of the Uni-
PEOCEEDINGS.n
ted States; and tlie judges of the United States will be sufficiently
authorised by the expiess terms of their constitution, to prevent the
interference of our laws with theirs ; For by the sixth article of the
federal constitution, that constitution and "the laws of the United
States which shall be made in pursuance thereof, and all treaties
made, or which shall be made, under the authority of the United
States, shall be the supreme law of the land, and the judges in every
state shall be a bound thereby, any thing in the constitution or laws of
any state to the contrary noitwithstanding." This reason therefore
appears to us to be a mere pretence;—the fact is, that we are not au¬
thorised to judge of the extent of the powers and jurisdiction of the
federal government; these are to be determined elsewhere, and no¬
thing that one state alone can do, will either extend or abridge them ;
nor can we pretend to frame a government which shall quadrate with,
theirs. They will be bounded by no limits that we can prescribe, but
will exercise their powers in their own way, and in whatever extent
may appear necessary to them. Nothing less than the combined au¬
thority of all the states can set bounds to the powers of the federal go¬
vernment ; and if a convention of this state were to attempt it, they
might be f^ound to, vary from the opinion of the United States. Be¬
sides, it is by no means improbable that the federal government* may
yet receive very material amendments, and that speedily ; so that if
alterations were at all proper to be made in our government, in order
to comply with the federal constitution, it would, even in that case, be
our duty to wait the meeting of the new congress, and the result of
the applications from different states for amendments.
4. For that we apprehend one part of the preamble to the second
resolution, and that part which will probably excite the most attention,
which declares " the burthen and expenses of the present form of gov¬
ernment are with difficulty borne,'' is unfounded m fact. By the
statement of the comptroller general, the expenses of government, in¬
cluding incidental expenses, is estimated at tiventy-eight thousand
pounds per annum; and this in future will be considerably lessened.
The expenses of government in Virginia are annually upwards of for¬
ty thousand pounds, and in that of Massachusetts Bay upwards of
ihÍTti/[thousand pounds; in each of them considerably greater than that
of Pennsylvania. And the true way of judging whether or not the pres¬
ent form of government is unfriendly to economy is, by comparing it
with that of other states, of the same, or nearly the same extent and
number of inhabitants : Nor can we conceive that creating another
branch of the legislature (which is the avowed object of those who
wish for an alteration of the constitution) by which two sets of men
are to be maintained in the legislature instead of one, can lessen the
expense of government. The defect in the former system of conti¬
nental government consisted in the want of power in the United States,
and not merely in the form of government. The states under tlie old
confederation had denied to congress the power to fulfil its engage¬
ments either with foreigners or its own citizens ; of collecting money,
or regulating trade; in short, it was destitute of authority :—And if
that authority, which was deficient;, itself, had been divided into
two (^r three branches, or into two or three and twenty, it never could
have mended the matter. A body without strength would be weak
with an hundred hands. If the expenses of government are too great, ic
is in the power of thç legislature to lessen them, and títere is no neces-
PROCEEDINGS.
<33
sity for caVling a convention for this purpose; nor can we conceive it
to be a sufficient reason for tearing the government in pieces, and risk¬
ing more important evils.
5. For that we are firmly persuaded the government and constitu¬
tion of Pennsylvania has discovered as few faults upon trial as any on
the continent. A number of people have watched from the beginning
for every opportunity to decry it, and every mischief which they could
possibly discover or occasion has been too often ascribed to the sys¬
tem. Under the present constitution, Pennsylvania has preserved her
credit, and paid the interest of her debts, with more punctuality, "n<l to a
greater amount than any other state in the union; and has since the peace
been able to sink a very considerable part of the aggregate debt ac¬
cumulated by her in the course af the late war; besides ail this, Penn¬
sylvania is oneof the fore most states in complying with ti e demands of
the United States; she has paid her quotas of tke requisitions of Con¬
gress fully to the year 1786, and hath advanced to the United States
to the value of several millions of dollars in specie dnringthe late war.
A defect has undoubtedly existed in the federal plan of union ; the
constitutions of the states have been much less defective. Ours we
believe to be one of the best. It may have defects, and those defects
may be remedied in a constitutional way. But if we begin to tear up
foundations, we are persuaded a much more dangerous system will be
established in its stead.
Thomas Kennedy, William Todd,
James Mlison, James Marshall,
John Ludwig, Thomas Reale,
James Johnson, John Gilchreest,
Jacob Miley, Theophiltts Philips,
James M^Lene, John Piper,
Jonathan Höge, Mam Orth,
David Mitchell, James Barr.
IJ\r GEJKERJL ASSEMBLY, September 15, 1789,
THE committee of the whole, on the business referred to them res¬
pecting a convention to alter and amend the constitution of this state,
report-
That having taken effectual measures for satisfying themselves of
the sense of the good people of this commonwealth thereon, they are
well assured, from the petitions referred to them, from enquiries
made, and from information given by the several members, that a
large majority of the citizens of this state are not only satisfied with
the measures submitted to them by the house at their last session, but
are desirous that the same should be carried into effect, in preference
to the mode by the council of censors, which is not only uneqal and
unnecessarily expensive, but too dilatory to produce the speedy and
necessary alterations, which the late change in the political union
and the exigencies of the state require : And as the bill of rights de¬
clares it to be "An indubitable,' unalienable and indefeasible right of
the community, to reform, alter or abolish government, in such man¬
ner as shall be by that community judged most conducive to the pub¬
lic weal," 80 on this occasion your committee are perfectly satisfied,
that a very great majority of them are desirous to exercise that
right in the mode proposed.'
PROCEEQINGS«
The petitions in favor of the measure, though numerous and res¬
pectable, have not altogether inllupnced this opinion. The subject
has engaged much ot the public attention. Members have mixed with
their constituents in all parts of the stattfand have had full time and op¬
portunity to learn their sentiments; they have, in a committee of the
whole, severally communicated the knowledge which thcy had acquired,
and the result has been, a full and thorough conviction that the voice of
the great majority of the people calls for the measure, and that nothing
but the slender opposition which it has met with, and an opinion of its
being generally agreeable, has prevented more petitions in its favor.
The committee combine with these considerations a conviction that
the measure is in itself right and necessary ; that it will tend to pro¬
mote the wishes of every good citizen, by settling a question which
bas long agitated the public mind, and thereby restore harmony, mu¬
tual confidence and good order, on the most solid foundations.
In addition to this, it is tiie fortunate season when all our citizens
are on an equal footing to elect their members of convention, and are
for the most part within the state, which was not the case when the
constitution was framed. The convention too will possess every ad¬
vantage which time and experience have unfolded, from the forms of
government in other states, and the examples of improvement they
have shewn, as well as from the excellent model, so far as it applies,
exhibited in the constitution of the United States: The committee,
therefore, in obedience to the wishes of the people, submit to the house
Ihe following resolutions, to wit.
Resolved, That, in the opinion of this house, it is expedient and prop¬
er for the good people of this commonwealth to choose a convention,
for the purpose of reviewing, and, if they see occasion, altering and
amending the constitution of this state ; that in the opinion of this
assembly, the said convent! in should consist of the like number of
members from the city of Philadelphia, and the several counties in
this commonwealth, as compose this bouse, and be chosen on the same
day, in the same manner, by the same persons, at the same plafces,
and under the same regulations, as are directed and appointed by the
election laws of this state, save that the returns should be made to the
co?ivention so chosen ; and that the said convention should meet at
Philadelphia on the fourth Tuesday in November next.
Resolved, That, in the opinion of this house, a convention being
chosen and met, it would be expedient, just and reasonable, that the
convention should publish their amendments and alterations for the
consideration of the people, and adjourn at least four months previous
to confirmation.
Resolved, That it be and it is hereby recommended to the succeed¬
ing house of assembly, to provide, by law, for the expenses incurred
by the said election and convention.
Ordered, That 7000 copies in the English, and 3000 in the German
language, of the foregoing resolutions, be printed, and distributed for
the information of the citizens of this state.
The resolution relative to publishing the amendments and altera¬
tions of the constitution for the consideration of the people, was moved
as an amendment, and adopted with but one dissenting voice. Mr.
Lewis, who voted in the negative, entered the following reasons upon
the journal :
PROCEEDINGS.
135
I dissent, because, although I admit, in the fullest extent, that it will
be proper for ihe convention to submit to the consideration of the peo¬
ple the plan of government which may be formed, and although I fer¬
vently wish that sufRcienttiine will be aftbrded them to deliberate there¬
on, I am so far from being satisfied of the right of this house to enter
into any resolutions respecting it, that I cannot but consider them as
unwarrantable assumptions of power. The resolution agreed to must
be intended to have some weight and influence with the convention, or
it would not have been proposed, and as that weight and influence, so
far as they operate, must tend to prevent the unbiassed exercise of
their own minds, in a matter submitted to them by the people, and not
by this house, they must be highly improper. An adjournment by the
convention is a thing in itself so desirable, that were its members to be
appointed by this House, and to derive their authority from it, I should
noLonly be for recommending, but directing the measure. But the
convention must be chosen by the people, in whom alone the authority is
lodged, and, will derive all their powers from them. Tney will set, and
they ought to act, both as to adjournments and in all other respects,
independent of this house, and should not in the one case, any more
than in others, be influenced by it. Being to be chosen by the same
people with ourselves, it is rather assuming in us to suppose that their
wisdom, virtue or discretion will be less than our own,and unless we
distrust their prudent exercise thereof, it does not become us, to whom
the business does not appertain, to dictate to those to whom it belongs.
They will doubtless receive from their constituents, and duly respect,
such instructions and recommendations as they may think proper to
give, but ought not to receive any from us, who, as a body, have no right
to interfere, and who, as individuals, will have a voice with other mem¬
bers of the community. The people may think that an adjournment
of four months is too long or too short, and may recommend as they
may think proper, but we have no right to think or. to act for them. If
we have a rightto resolve that an adjournment is proper, we must have
an equal right to resolve that it is improper, or that any matter in the
formation of the government is right or wrong, according to the prevail¬
ing ideas in this house. In our resolution respecting the election, and
the meeting of the convention, we are authorised by the wishes ofThe
people, manifested to us, but we have no authority of our own, and ai e
not warranted by them to proceeded further. When the convention
meet, they will look to. the source of their authority for instructions
and recommendations, both as to adjourning and as to other matters,
and act with a prudent discretion therein; and as that discretion ought
not to be biassed by any supposed influence of this house, I dissent from
the resolution, as being calculated to intrench on the rights of the peo¬
ple, and on the free deliberations of their representatives in conven¬
tion, and have recorded my reasons, in justification of my conduct.
The yeas and nays on the adoption of the resolutions for calling a
convention were as lollow :
YEAS.
WM. LEWIS,
JaCf>b Hi!t^heimc^,
Lawrence Sickle,
Willisnn Lewis»
William M'Pherson,
John Salter,
AViHiam Bofiinson, jr.
Gerardos Wynkoop,
John Chapman,
Valentine Vpp,
136
PROCEEDINGS.
YEAS.
Samuel Foulke,
Ttichard Thomas,
.iaines Moore,
Mark Wilcox,
John M'Dowell,
Caleb James,
Kichard Downing, jr.
Alexander Lowrey,
Jacob Erb,
Henry Deai-ing,
John Ludwig,
Peter Trexler,
I'eter Ealer, '
Henry Tyson,
Joseph liead,
Joseph Sands,
Daniel Broadhead,
Thomas Clingan,
Miciiael Schmyser,
Conrad Ihrie, jr.
Stephen Balliot,
Jacob, Say lor,
John White,
John Nevil,
Jacob'Reiff,
Peter Richúds,
Jonathan Roberts,
John Carson,
Obadiah Gore,
Hugh Davidson. 39'
KAYS.
•George Logan,
David Mitchell,
Thomas Beale,
Jonathan Höge,
Gabriel Hiester,
Thomas Kennedy,
John Piper-,
»James Barr,
John Irwin,
William I'odd,
James Allison,
Alexander Wright,
John Gilchreest,
James M'Lene,
James Johnson,
Jacob Miley,
Adam Ortli.
17-
Seasons of dissent from the measures for calling a convention.
We dissent from the measures adopted by this house for calling a
convention,
1st. Because we are of opinion that this house is not competent to
the subject. We are delegated for the special purposes of legislation,
agreeably to the constitution! Our authority is derived from it, and
limited by it. We are bound by the sanction of our solemn oaths to do
nothing injurious to it, and the good people of Pennsylvania have in the
constitution decláred the only mode in which they will exercise " the
right of a community to refoVm, alter or abolish gevernment," as be¬
ing the manner most conducive to the public weal.
2d. Because we are of opinioo that if this house were competent to
the subject, they have not sufficient grounds for adopting this measure.
It is clear to us that a majority of the good people ot the state are
averse to it. This house originated it from their own mere motion,
without any application from their constituents, and invited the peo¬
ple to signify their assent. After an effort of several months, sup¬
ported by the greatest exertions of legislative influence, and without
any considerate interference to oppose them, this assent has been ex¬
torted from not more than (about) one seventh of the people; and tliis,
we are authorised to assert from our own knowledge and the best in¬
formation, was effected by the most deceptions means, and that in ma¬
ny instances the petitioners supposed the object of the application to
this house was the obtaining amendments to the federal constitution,
and for the lowering of the taxes in this state. These re.asoiis, so far
as they are grounded on the small number of petitioners, are strengthened
by the information given in this house from, and of the ipost wealthy
and populous parts of the state, that, since the petitions were signed,
great changes have taken place in the wishes of the people on this sub¬
ject.
3d. Because, when an attempt was lately made to effect the same
measure, a majority of the good people of the state interposed, deny-
ing the right or power of their representatives to int^fere, and gave a
most decided and unambiguous evidence of their attachment to the
pqH^nt constitution.
MINUTES OF THE CONVENTION OF 1789-90'. 137
4th. Because the supreme executive council have not been advised
with nor had any concurrence in the measure proposed, but have given
am unequivocal mark of" their disapprobation, and yet they are equally
interested, and equally representatives of the good people of the
State.
5th. Because the time proposed to the people for electing members
of the intended convention is too soon to admit of that general infor¬
mation and full consideration which so important a measure deserves.
Sheriffs and coroners have been months canvassing for their com¬
paratively trifling offices, and in a case of inconceivable importance
to every member of the community and their posterity for ages, a
knowledge of which should be carried to the doors of every house, but
little more time is given than is sufficient to ride to the doors of the
county court-houses of the state.
6th. Because this measure at once infringes the solemn compact
entered into by the people of this state with each other, to be ruled by
fixed principles ; will render every form of government precarious
and unstable; encourage factions, in tlicii beginning contemptible for
numbers, by a persevering opposition to any administration, to hope
for success ;• and subject the lives and liberties of the govid people of
this commonwealth, and all law and government, to uncertainty ; ren¬
der every thing that is dear subject to the caprice of a factious and
corrupt majority in the legislature ; destroy all confidence in our gov¬
ernment, and prevent foreigners from giving that preference to Penn¬
sylvania, as an asylum from oppression, which we have hitherto ex¬
perienced.-
James JWLene, John Gilchreest,
John Piper, James Barr,
Jonathan Höge, James ■Allison,
James Johnson, Thomas Beate,
Alexander Wright, Thomas Kennedy.
CViopteT 11.
MINUTES OF THE CONVENTION,
'Of the eommonwealth of Pennsylvania, commenced at Philadelphia, on
Tuesday the twenty-fourth day of November, in the year of our Kord
one thousand seven hundred and eighty-nine.
TUE SB AY. jyovember 24, 1789, P. M.
This being the day appointed by the legislature of this state for the
meeting of the convention, a number of gentlemen, delegated for that
purpose, met accordingly at the state house, but not being suflScient
to constitute a quorum, they adjourned until three' o'clock to-inor-
row, P. M.
WEBXESDAV, Mvember 25, 1789, P. M.
A number of gentlemen, elected to serve in the convention, suffi-
öent to constitute a quorum met, whereupon, on paotion, the retura#
18
138
MINUTES, OF THE
of the elections held for the city of Philadelphia, and the several coan«
ties of this state, were read, by which it appeared that the follow ng
gentlemen were returned as delegates for the said city and counties
respectively, viz.
For the city of Philadelphia'
James Wdson,
Hilary Baker,
George Roberts,
William Lewis,
Thomas M'K.ean.
For the county of Philadelphia.
Thomas Mifflin,
George Gray,
William Robinson, junr.
Robert Hare,
Enoch Edwards.
For the county of Bucksi
Samuel Ogden,
Thomas^enks,
John Barclay,
Abraham Stout.
For the county of Chester.
William Gibbons,
Thomas Bull,
Thomas Ross,
James Boyd.
i or the county of Lancaster,.
Edward Hand,
Robert Coleman,
Sebastian Gratf,
William A.tlee,
John Hubley,.
John Breckbill.
For the county of York,
Henry Miller,
Henry Siegle,
William Reed,
Benjamin Tyson,
Benjamin Pedan,
Matthew Dill.
For the county of Cumberland,
Robert Whitehill,
William Irvine,
James Power.
For the county of Berks.
Joseph Hiester,
Christian Lower,
Abraham Lincoln,
Paul Groscop,
Baltzer Gehr.
For the county of iDTorthamptoni
Samuel Sitgreaves,
Thomas Mawhorter,
John Arndt,
Peter Rhoads.
For the county of Bedford.
Joseph Powell,
John Piper,
For the county of Westmoreland
William Findley,
William Todd,
For the county of Washington^
Alexander Addison,
John Höge,
David Reddick,
James Ross.
For the county of Fayette.
John Smilie,
Albert Gallatin.
For the county of Franklin,
James N'Lene,
George Matthews.
For the county of dkontgomery^
James Morris,
Samuel Potts,
Lindsay Coates,
Jonathan Shoemaker.
lor the county of Dauphin.
John Gloninger,
William Brown,
Jacob Cook.
For the county of Luzerne.
Timothy Pickering.
For Hie county of Huntingdoii.
Andrew Henderson^
For the county of Delaware,
John Sellers,
Henry Hale Graham.
Note.—^No returns have been received from the counties,of Nor¬
thumberland and Allegheny.
The return from the county of Mifflin appearing to be double, was
read as iollnws, viz.
CONVENTION OF 1789-90.
lHiïFLiN County, ss.
Aiïrecablj to returns this «lay received from the followinî; elect
tion districts in this county, viz; trom an election held at this place,
for the townships of Derry, Wayne and Armagh; from an election held
at the house of Enoch Hastings, for the townships of Bald Eagle and
Potter's, and from an election held at the house of Thomas Wilson,
for the townships of Fermanagh and Milford, the undermentioned
persons were highest in votes for members of convention, elected agree¬
ably to a resolution of the general assembly of this state, passed Sep¬
tember 15th, 1789.
VVilliam Brown, six hundred and ten votes, 610 votes.
Thomas Beale, five hundred and sixteen votes, 516
There were also received this day returns of elections held at the
house of widow Stackhoie, for the township of Lack, and at the house
of Henry M'Connel, for Greenwood township, in this county, the le¬
gality of electing at these places being disputed by a part of the judg¬
es, the law authorising said elections not being present, we have
"thought proper to forward to your honorable body a statement of the
election both with and without the returns from these townships of
Greenwood and Lack; if the elections of these two townships are legal as
to the place of holding the same, and their votes are admitted, the per¬
son highest in votes will be as follows, if not, it will be as above:
Thomas Beale, for convention, six hundred and fifty seven, 657 votes.
William Brown, for ditto, six hundred and ten, 610
We the subscribers, jmiges of the election afore-mentioned, do cer¬
tify, that the above statement is just and true. Given under our hands
and seals, at the house of Arthur Buchanan, in the county oí Mifflin,
this fifteenth day of October, 1789.
Samuel Osborne, [l.
William Corbet, [z. s ]
Thomas JWIlroy, [z. s.j
Joseph Mender,
John Henderson Coor,
George Bratten, jr.
[z. s.]
[z. s.]
C^- s.]
MEMBERS PRESENT.
James Wilson,
Hilary Baker,
William Lewis,
Thomas M'Kean,
Thomas Mifflin,
George Gray,
John Breckbill,
Henry Miller,
Henry Siegle,
William Reed,
Benjamin Tyson,
Benjamin Pedan,
William Robinson, jr. Matthew Dill,
Robert Hare, Robert Whitehill,
Enoch Edwards,
Samuel Ogden,
Tilomas Jenks,
John Barclay,
Abraham Stout,
James Boyd,
Edward Hand,
Robert Coleman,
Sebastian GraS*,
John Hubley,
James Power,
Joseph Hiester,
Christian Lower,
Abraham Lincoln,
Paul Groscop,
Samuel Sitgreaves,
Thomas Mawhorter,
John Arndt,
Peter Rhoads,
John Piper,
William Findley,
Alexander Addison,
John Höge,
David Reddick,
James Ross,
John Smilie,
James M'Lene,
George Matthews,
James Morris,
Samuel Potts,
Lindsay Coates,
Jonathan Shoemaker,
John Gloninger,
Timothy Pickering,
Andrew, Henderson,
John Sellçrs,
Henry Hale Graham.
Joseph Powell,
The convention proceeded to elect a president, and the ballots being
taken, it appeared that his excellency Thomas Mifflin,, Esquire, was du¬
ly dlectea.
140
MINUTES OF THE
A letter from Samuel Bayard, and a memorial from John Miller, were
read, severally requesting to be appointed secretary to this convention'.
Ordered to lie on the table.
Petitions from James Martin, Frederick Snyder and Nicht.las Wea-'
ver, were read, severally praying to be appointed messenger to the con¬
vention.
Ordered to lie on the table.
A petition from Joseph Fry, was read, praying to be appointed door¬
keeper to the" convention.
Ordered to lie'on the table;
Petitions from Frederick Doublebower, John Dixon, William Red-
diger, John George Lohrman.'Christian llubbart, Jacob Gideon and
William Crispin, were read, severally praying the convention to grant,
them the appointment of messenger or door keeper.
Ordered to lie on the table. ■
On motion of Mr. M'Lene, seconded by Mr. Smilie, Resolved, That
this convention will on Friday next, proceed to the election of a secre¬
tary, and that the nomination may continue, and applications be made,
until the time of election. • '
Ordered, That Friday next be assigned for the election of a messen¬
ger and door keeper.
Adjourned until ten o'clock on Friday next, A. M.
FRIDAY, JVovember 27, 1789, A.M.
The convention met pursuant to adjournment. "
A member stated to the chair, a question lipon which the opinion of
the convention was requested, previous to taking the votes for a secre¬
tary, viz. Whether the votes of a majority of all the members'preèent
should be essential to the choice? "
The sense of the convention being taken upon the question, it was
resolved in the affirmative. '
Agreeably to the order of the day| the convention proceeded to the
election of a secretary, and the ballots being taken, it appeared that
Joseph Redman, Esq. was duly elected;'
The convention then proceeded to the election of a messenger and
doorkeeper, and the ballots being taken, it appeared that Frederick
Snyder was duly elected messenger, and Joseph Fry duly elected door¬
keeper. " "
A motion was made by Mr. Hare, seconded by Mr. (^den, that a
committee be appointed to prepare adi aft of rules and regulations for
the government of this convention,
it was then moved by Mr. Smilie, seconded by Mr. Findley, to post¬
pone the consideration of the said motion for the purpose of reading the
resolutions, passed by the general assembly, on the 24th of March,
1789, and on the I5tn of September, 1789, for calling a convention,
which was carried in the affirmative, and the said resolutions were ac¬
cordingly read.
On motion of Mr. M'Kean, seconded by Mr. Sitgreaves, ordered,
that the resolves of the general assembly of'the24tli day of March last,
and of the I5th day of :>uptember, 1789, preface the minutes of the con¬
vention
• A he motion hjadc by Mr. Hare, seconded by Mr. Ogden, recurring,
thereupoQ
CONTENTION OF 1789-00.
iéí
Resolved, That a committee be appointed to prepare a draft of rules
and regulations for conducting the business of the convention.
Ordered, That Mr. Wilson, Mr. Lewis, Mr. Hare, Mr. Hand and
Mr. Whitehili, be a committee for the purposes contained in the fore¬
going resolution.
On motion of Mr. Lewis, seconded by Mr. Wilson,
Resolved, That the general assembly be requested to furnish this
convention with two sets of the acts and minutes of the general assem¬
bly of this commonwealth, to be returned at the end of the present ses¬
sion of the said convention; and also that they permit this convention
to have the use of the library during the said session.
On motion of vir. Vl'Kean, seconded by Mr. M'Lene,
Resolved, That the doors of the convention shall be kept open, ai
well in committee of the whole as in convention.
Adjourned until ten o'clock to-morrow, A. M.
SATURDAY, November 28, ir89. A. M.
The convention met pursuant to adjournment.
The committee appointed to draft rules and regulations for conduc¬
ting the business of this convention made report, which was read, and
ordered to lie on the table.
On motion of Mr. Lewis, seconded by Mr. Wilson,
Resolved, That the president of this convention draw a warrant on
the state treasurer, for one hundred pounds, in favor of the secretary,
to be by him applied towards defraying the incidental expenses of
the said convention, and for which he shall account.
On motion of Mr. Sitgreaves, seconded by Mr. Thomas Ross, the
draft of rules and regulations for conducting the business of this
convention, was by special order, read the second time, as follows,
viz.
The committee appointed to report rules for conducting the busi¬
ness of the convention, beg leave to submit the following ones to the
consideration of the house:—
I. When the president assumes the chair, the members shall take
tlieir seats.
II. At the opening of the convention each day, the minutes of the
preceding day shall be read, and shall then be in the power of tlie con¬
vention to be corrected.
III. A motion made and seconded shall be repeated by the presi¬
dent. A motion shall be reduced to writing if the president or any
member requires it. A motion may be withdrawn by the member
making it, before amendment or decision.
IV. Every motion, either in the house or in a committee of the whole
house, shall be entered on the journals, together with the names of the
members making and seconding it.
V. No member speaking shall be interrupted but by a call to order
by the president, or by a member through the president.
VI. No member shall be referred to in debate by name.
VII. The president himself, or by request, may call to order any
member who shall transgress the rules.
VIII. Every member attending the convention shall be in his place
at the time to which the'convention stands adjourned, or within
half an hour of that time,
44S
miNUTES OF THE
TX. The yeas and nays shall be called and entered on the minutes
of the house, or of the cununittee of the whole house, when any 7iiem-
ber requires it.
X. The rules of proceedings in the house shall, so far as they may
be applicable, be observed in committee of the whole.
And in debating the ninth section of the foregoing rules and regula¬
tions, it was moved by Mr. Lewis, seconded by Mr Boyd, to strike
out the words " member requires," and in lieu thereof to insert the
•words " two members require."
On the question, will the convention agree to the amendment?
It was carried in the negative; and thereupon - the rules and regula¬
tions, as reported by the committee, were adopted. .
On motion of Mr. Lewis, seconded by Mr. M?Kean,
Resolved, That it be the order of the day for Tuesday next, to ap¬
point a printer to this convention in the English, and an other in the
Clerman language.
On motion of Mr. Lewis, seconded by Mr. Smilie,
Resolved, That the secretary take measures to have this convention
supplied with six sets of each of the public news-papers printed in this
city, during the sitting of the convention.
On motion of Mr. M'Kean, seconded by Mr. Miller, the constito-
tion of this commonwealth, was read. [For which see page 54 of thi®
volume.^
A letter from the honorable the speaker of the general assembly, was
read as follows, viz.
IJ\r ^SSEMBL V, JSTovember 28,1789.
SIR,
I have the honor to enclose the resolution of the house of assem¬
bly, agreeing to the request of the convention on thé subject of copies
of the laws and minutes, and the use of the library.
1 have the honor to be.
With great respect and esteem.
Your very obedient servant.
RICHARD PETERS.
tiis excellency, Tliomus 3IiJßin,
President of the honorable convention of the state.
STATE OF PENNSYLVANIA.
Jn General .Assembly, JVovember 28, 1789.
A letter from his excellency the president of the state convention
was read, with its enclosure, as follows, viz.
JiV* COJ^VEJ^TIOJ^\ Philadelphia, JSTovember 28,1789.
SIR,
I have the honor to enclose to you a resolution of the convention
of the tvrenty-seventh instant, which I request you to lay before the
general assembly.
With great respect I have the honor to be sir,
Your most obedient and most humble servant,
... THOMAS MIFFLIN.
Honorable Richard Peters, Esquire,
Sqteaker of the General Jlssembly.
CONVENTION OP 1789-90.
143
STATE OF PENNSYLVANIA.
IN CONVENTION. November 27, 17ÖÖ.
On motion of Mr. Lewis, seconded by Mr. Wilson,
Resolved, That the General Assembly be requested to furnish this
convention with two sets of the acts and minutes of the general assem¬
bly of this commonwealth, to be returned at the end of the present ses¬
sion of the said convention; and also that they permit this conventioa
to have the use of the library during the said session.
Extract fromthe minutes,
JOSEPH REDMAN, Secretary.
And on motion, and by special order, the same were read the second
time, whereupon.
Resolved, That the request contained in the said resolution, be com¬
plied with.
Extract from the minutes,
PE1 ER Z. LLOYD,
Clerk of the general assembly.
A letter from Hall and Sellers, was read, soliciting the appointment
of printers to this convention. Ordered to lie on the table.
A motion was made by Mr. M'Kean, seconded by Mr. Höge, in the
words following, viz.
Resolved, That the convention will, on Monday next, resolve itself
into a committee of the whole, to take into consideration tliat pirt of
the constitution which relates to the department of legislation, and to
report whether any or what alterations shall be made therein.
It was then moved by Mr. Sitgreaves, seconded by Mr. M'Kean, to
strikeout the Words " that part of the constitution which relates to
the department of legislation, and to report whether any or what alter¬
ations shall be made therein," and in lieu thereof to insert the follow¬
ing words, viz. " whether and wherein the constitution of this state
requires alteration or amendment."
Which was carried in the affirmative, and the resolution as amended
was adopted, viz.
Resolved, That this convention will on Monday next, resolve itself
into a committee of the whole, to take into consideration, whether and
wherein the constitution of this state requires alteration or amendment.
Adjourned until three o'clock on Monday next, P. M.
MON DAY, November SO, 1789, P. M,
The convention met pursuant to adjournment.
The returns of the elections held in the counties of Northumberland
and Allegheny, for members to represent the said counties in this con¬
vention, were read, by which it appeared that Charles Smith and Simon
Snyder, Esquires, were duly elected and returned for the said county
of Northumberland, and John Gibson, Esquire, duly elected and re¬
turned for the county of Allegheny, aforesaid.
And the said members appearing in couvention, were severally ad-
initted to take their seats.
144>
MINUTES OF THE
PetitionB and lette."8 from Pritchard and Hall, Zachariah Poulson, jr.
Thomas Bradford and Francis Bailey, severally soliciting the appoint¬
ment of printer to this convention, in the English language, were read
and ordered to lie on the table.
A petition from Michael Steiner, was read, praying he may be ap¬
pointed to print thebusinessof this convention» in the (iennan language.
Ordered to lie on the table.
The order of the day being^read, viz. the resolution adopted on the
twenty-eighth instant, as follows:
Resolved, that this convention will, on Monday next, resolve it¬
self into a committee of the whole, to take into consideration, wheth.
cr and wherein the constitution of this state requires alteration or a-
mendment. ,
It was moved by Mr, Hand, seconded by Mr. Irvine, to re-consid¬
er the said resolution, in order to introduce, in lieu thereof, the fol¬
lowing, viz.
Resolved, that in the opinion of this convention it is expedient
and proper to alter and amend the constitution of this state. ^ ,
On the question—" Will the convention agree to re-consider the
resolution for the aforesaid purpose ?" It was carried in the negative.
The order of the day then recurring—It was on motion of Mr. Smi-
lie, seconded by Mr. Edwards, ordered that the same be postponed
until to-morrow.
On motion of Mr. Lewis, seconded by Mr. Wilson, ordered, that
the seats on the right and left of the chair be reserved for the members
of congress, and of the legislature, supreme executive council and
judges.
Adjourned until ten o'clock to-morrow, A. M.
TUESDAYy December Isi, 1789. A, J\í»
The convention met pursuant to adjournment,
A letter from James Pemberion was read as follows, viz.
EhteemedJriend.
The Pennsylvania society for the aboUtionof slavery, &c. request
the favour oí the president to present to each member of the state con-
-vention a copy of the description of a slaves'ship lower deck, and of
the address to the public, and plan annexed to it for the improve¬
ment of the condition of the free blacks, of each of which seventy cop¬
ies are herewith sent.
I am, respectfully.
Thy real friend,
JAMES PEMBERTON.
fhiladelfhia. Isi. of ttveJßh month, 1789.
THOMAS MIFFLIN, EsqUirC,
The return of the election held in the county of Mifflin, fora mem¬
ber to represent said county in this convention, was again read, by
which it appeared, that Thomas Beale, Esquire, was duly elected,
who appearing in convention was admitted to take his seat.
Agreeably to the order of the day the convention proceeded to the
election of a printer, in the English language, and tne ballots being
CONVENTION OP 1789--90.
14i5
takea it appeared that Za:har¡ali Poulson, junior, was duly elect¬
ed.
It was then, on motion of Mr. Edwards, seconded by Mr. Boyd,
Resolved, that Melchior Steiner be and is hereby appointed printer
to this convention in the german language.
Agreeably to the order of the day, the convention resolved itself in¬
to a committee of the whole, to take into consideration, whether and
and wherein the constitution of this state requires alteration oí
amendment. "
The president left the chair, and the honorable Mr. M'Kean, as
chairman, was placed therein.
After some time spent in discussing the business referred to them.
The chairman quitted the chair aud the president resumed it.
The chairman then reported, that the committee had made some
progress in the business, but, not having completed the same, re-i
quested leave to sit again to morrow in nning. Leave was according¬
ly granted.
Adjourned until ten o'clock to-morrow, A. M.
ifEl)J^Ei>DAY, December 2nd, 1789. 43. M.
The committee of the whole reported further progress and obtained
leave to set again.
Adjoutned until ten o'clock to-morrow, A. M,
THURSnJV, December 3rd, 1789. Jl. M.
The convention met pursuant to adjournment.
Amotion was made by Mr. M'Kean, seconded by M. Lewis, to
re-consider the fourth rule for conducting the business of this conven¬
tion, viz.
" Every motion, either in the house or in a committee of the whole
" house, shall be entered on the journals, together with the names of
•' the members moving and seconding it,"
In order to introduce the following amendment, viz.
Every motion in the house shall be entered on the journals, to¬
gether with the names of tlie members moving and seconding it.
And on the question—"Will the convention agree to te-consider
the fourth rule, to introduce the said amendment?"—The yeas and
nays being called by Mr. Wilson, were as follow, viz.
YEAS.
Mr. Lewis
M'Kean
Mr. Wilson
Roberts
Robinson,
Hare
Edwards
Ogden
Jenks
Mr. Boyd
Smilie
Mr. Coates
NAYS.
Mr. Barclay
Stout
Gibbons
Bull
T. Ross
Hand
Colemaa
Mr. Graff*
Hubley
Breckbill
Miller
Siegle
Reed
Tyson
19
Mr. Morris
Mr. Pedan
Dill
Whitehill
Irvine
Power
Hies tec
J»owet
146
MIífüTES OP TIIE
Äfr, Lincoln
Groscop
Sitgreaves
Mawhortei-
GcHr
Mr. Powell Mr. Höge
Piper Redick
' Smith J. Ross
Snyder M'Lene
Findiey Matthew»
Todd Potts
Addison Shoemaker
Mr. Gloninger
Brown
Pickeriog
Henderson
Arndt
Rhoads
Graham
Gibson
Beale
Seilers
57
So it was determined in the negative,
On motion of Mr. M'Kean seconded by Mr. Lincoln, Ordered, that
the journals of the committee of the whole be kept separate from
those of tiie convention.
On motion of Mr. Ogden, seconded by Mr. Hand,
Resolved, that the secretary be impowered to employ a clerk.
Agreeably to the order of yesterday, the convention resolved itself
into a committee of the whole. And after some time reported further
progress and obtained leave to sit again.
Adjourned until ten o'clock to-morrow, A. M.
The convention met pursuant to adjournment.
On motion of Mr. Thomas Ross, seconded by Mr. Gibbons, Re¬
solved, that the printer to this convention, in the english language, be
directed to strike two thousand copies of the minutes of the conven¬
tion, and the like number of the minutes of the committee of the
whole;—and that the printer in the german language be directed t»
strike one thousaud copies of each of the minutes aforesaid.
On motion of Mr. Ogden, seconded by Mr. Hand, Resolved, that
a committee be appointed to superintend the printing of the journals in
the english language, and a committee to superintend the printing of
the journals in the german.
Ordered that Mr. Hare, Mr. Smilie and Mr. Miller be a commit¬
tee to superintend the printing of the journals in the english language ;
and Mr. Graflf, Mr. Gehr and Mr. Arndt be a committee tu superin¬
tend the printing of the journals in the german language.
Agreeably to the order of yesterday, the convention resolved itself
into a committee of the whole. And, after some time reported fur¬
ther progress and obtained leave to sit again.
Adjourned until ten o'clock to-morrow, A. M.
SATURDAY, December 5tb, 1789. A. M.
The committee of the whole made further progress and obtained
leave to sit again
Adjourned until three o'clock on Monday next, P. M.
MONDAY, December 7th, 1789. P. M.
The convention met pursuant to adjournment.
A motion was made by Mr. Gloninger, seconded by Mr. Brown,
in the following words, viz.
Resolved, that it be recommended to the freemen of the county of
FRIDA Y, December 4th, 1789. A. M,
CONVENTION OF 1789-90.
147
Dauphin, who are by the election laws of this coramonwealtli quali¬
fied to vote for members of the general assembly, to hold an election,
at the same places and under the same rules and regulations prescri¬
bed by the said laws, on the first d ly of March next, for a member of
this convention, to supply the vacancy occasioned by the death of Ja¬
cob Cook, Esquire. .
Resolved, that it be recommended to the same officers and persons
who conducted the last general election,, to attend, conduct and reg¬
ulate the election hereby recommended to be iield for the purpose
aforesaid, in like manner as is directed by the election laws of this
«täte, and make return thereof to this convention ; and in case of the
death, absence or inability of any of the said officers or persons, that
others be chosen or appointed in iheir stead, befare the opening of the
said election.
Resolved, that one hundred copies in the english, and seventy cop.
ies in the german language of the foregoing resolutions, be printed
and distributed for the information of the citizens of the said county.
It was moved by Mr. M'Kean, seconded by Mr. Thomas Ross, to
strike out the words " first day of Marph next,'' in the first of the
foregoing resolutions, and in lieu thereof to insert " the seventeenth
day of December,'' instant.
A motion was then made by Mr. Lewis, seconded by Mr, Brown,
to postpone the consideration of the foregoing resolutions, together
with tiae proposed amendment, until to-morrow.
On the question- Will the convention agree to the postponement?
It was carried in the affirmative.
Whereupon, agreeably to the order of the fifth of December, the
convention resolved itself into a committee of the whole.
The president left the, chair, and the chairman was placed therein.
After some time spent in th« business before the committee, the
cliairman left the chair, and the president resumed it. The chairman
then reported, that the committee had made further progress in the
business committed to them, and requested leave to sit again to-mor¬
row. L eave was accordingly granted-
A motion was made by Mr. Sitgreaves, seconded by Mr. Ogden,
in the following words, viz.
A question of order, whether it shall arise in convention or com¬
mittee of the whole, shall in the first instance, be determined from the
chair— from which determination an appeal may be made, on the
requisition of arty one member, to the convention or committee of the
whole ; but on such appeal no argument shall be had.
Adjourned until ten o'clock to-morrow, A. M.
TUESDAY, December 8íA, 1789. A. M.
Tlie convention met pursuant to adjournmet.
And having resumed the consideration of the resolutions moved
vesterday by Mr. Gioninger, seconded by Mr. Brown, together with
the amendment proposed by Mr. M'Kean and Mr. Thomas Ross, on
the subject of holding an election for a member to represent the coun.
ty of Dauphin in this convention, in the room oí Jacob Cook, Esquire,
deceased.
Mr. M'Kean withdrew his amendment and offered the following as
»substitute, viz.
148
MtNÜtES OF THÈ
To strike nut the words "first day of March next," and in lieu there»
of to insert these words; " twenty-second day of December," instant.
Which was carried in the affirmative, and the resolutions, with the
amenilnient, adopted as follow, vi/>.
Resolved, that it be recommended to the freemen of the county of
Daupiiin, who are by the election laws of this commonwealth quali¬
fied to vote for members of the general assembly, to hold an election,
at the same places and under the same rules and regulations pi escri¬
bed by the said laws, on the twenty-second day of December, instant,
for a member of this convention to supply the vacancy occasioned by
the death of Jacob Cook, lîsquire.
Resolved, that it be recommended to the same officers and persons
who conducted the last general election, to attend, conduct and reg¬
ulate the election hereby recommended to be held for the purpose
aforesaid, in like manner as is directed by the election laws of this
state, and make return thereof to this convention ; and in case of the
death, absence or inability of any of tiie said officers or persons, that
others be chosen or appointed in their stead before the opening of the
said election.
Resolved, that one hundred copies in the english and seventy cop¬
ies in the german language of the foregoing resolutions, be printed and
distribu ted for the Inforihation of the citizens of said county.
Mr. Sitgreaves called up his motion of yesterday, viz.
A question of order, whether it shall arise in convention or com¬
mittee of the whole, shall, in the first instance, be determined from
the chair—from wliich determination an appeal may be made, on the
requisition of ary one member, to the convention or committee of the
whole ; "but on such appeal no argument shall be had."
It was moved by Mr. Lewis, seconded by Vir. Smilie, to strike
Out the words " but on such appeal no argument shall be had," and in
lieu thereof to inserttnese words: "but no debate shall be had with¬
out such appeal." Which was determined in the affirmative, and the
motion, as amended, was adopted, viz.
A question of order, whether it shall arise in convention or com¬
mittee of the whole, shall, in the first instance, be determined from
the chair—from which detennination an appeal may be made, on the
requisilion of any one member, to flic convention or committee of the
whole; but no debate shall be bad without such appeal.
A motion was made by Jlr. Findley, seconded by Mr. Wilson, to
re consider the ninth rule for conducting the business of this conven¬
tion, viz.
" The yeas and nays shall be called and entered on the minutes of
the house, or of the committee of the whole iiouse, when any mem¬
ber requires it," for the purpose of amending the same, so as to read
as follows, viz.
The yeas and nays shall be called and entered on the minutes of
the liouse, "or of the committee of the whole house," if any member
shall require it before the house shall have been devided.
On the question, will the convention agree to the proposed amend¬
ment ?
It was determined in the affirmative.
It was then moi-ed by Mr. Pickering, seconded by Mr. Smilie, to
strike out the words " or of the committee of the whole house," con-
Utiaed in the foregoing rule.
CONTENTION OF 1780-90.
149
On the question. Shall those words be struck out.
The jeas and nays being called by Mr. Wilson, were as follow, viz.
YEAS.
Mr. Lewis Mr. Lower Mr. Findley Mr. Coates
M'Kean Lincoln Höge Shoemaker
Gray Groscop Smilie Gloninger
Robinson Gehr Gallatin Brown
Edwards Mawhorter M'Lene Pickering
Irvine Powell Matthews Gibson
Power Piper Morris Sellers
Hiester Snyder Potts Graham 32
NAYS.
Mr. Wilson Mr. Bull Mr. Siegle Mr. Rhoads
Roberts T. Ross Reed ,Smith
Hare Boyd Tyson *Todd
Ogden Coleman Pedan Addison
Jenks Graff Dill Redick
Barclay Hubley Whitehill J. Ross
Stout Breckbill Sitgreaves Henderson
Gibbons Miller Arndt Beale 32
And the votes appearing to be equal the president gave his casting
vote in the negative.
Agreeably to the order of yesterday the convention resolved itself
into a committee of the whole. And after some time reported further
progress and obtained leave to sit again.
Adjourned until ten o'clock to-morrow, A. M.
WEDJVESDAY, December 9th, 1789. .3. M.
The convention met pursuant to adjournment.
Agreeably to the order oí yesterday, the convention resolved itself
into a committee of the wlioie.
The president quitted the chair, and tiie chairman was placed there¬
in. The chairman after some time left the chair, and the president
resumed it. The chairman then made the following report, viz.
I. That the legislative department of the constitution of this common¬
wealth requires alterations and amendments, so as to consist of more
than one branch, and in such of the arrangements as may be necessa¬
ry for the complete organization thereof.
II. That the executive department of the constitution of this com¬
monwealth should be altered and amended, so as that the supreme
executive power be vestedin a single person, subject however to prop¬
er exceptions,
HI. That the judicial department of the constitution of this com¬
monwealth should be altered and amended, so as that the judges of
the supreme court should hold their commissions during good behav-
ienr, and be independent as to their salaries, subject however to such
restrictions as may hereafter be thought proper.
IV. That the constitution of this commonwealth should be so amed-
lÔO
MINUTES OF THE
id as that the supreme executive department should have a quali¬
fied negative upon the legislature.
V. That that part of Sie constifution of this commonwealth, called
"A declaration of the rights of the inhabitants of the commonwealth or
state of Pennsylvania," requires alterations and amendments, in such
manner as that the rights of the people, reserved and excepted out
of the general powers of government, may be more accurately defined
and secured, and the same and such other alterations and amendments
in the said constitution as may be agreed on, be made to correspond
with each other.
Adjourned until ten o'clock to-mortow, A M.
'THURSDAY, December lOi/i, 1789. A. ÄL
The convention met pursuant to adjournment.
The report of the committee of the whole read yesterday, was read
the second time.
And on the question. Will the convention agree to the following
resolution? viz.
" Resolved, that the legislative department of the constitution of this
commonwealth requires alterations and amendments, so as to consist
of more than one branch, and in such of the arrangements as may be
necessary for the complete organization thereof,"
The yeas and nays were called by Mr. Wilson, and were as follow,
viz.
YEAS.
Wilson
Mr. T. Ross
Mr. GrOscop
Mr. Gallatin
Baker
Boyd
Gehr
M'Lene
Roberts
Coleman
Sitgreaves
Matthews
Lewis
Graft'
Mawhorter
Morris
M'K,ean
Hubley
Arndt
Potts
Gray
Breckbill
Rhoads
Coates
Hare
Miller
Smith
Shoemaker
Edwards
Siegle
Snyder
Gloninger
Ogden
Reed
Find ley
Brown
Jenks
Tyson
Addison
Pickering
Barclay
Pedan
Huge
Henderson
Stout
Dill
Redick
Gibson
Gibbons
Irvine
J. Ross
Sellers
Bull
Lower
Smilie
Graham 56
NAYS.
Mr. Whitehill Mr. Power Mr. Piper Mr. Beale
Lincoln 5
So it was determined in the affirmative.
And in debating the following resolution, viz.
Resolved, That the executive department of the constitution of this
commonwealth should be altered and amended, so as that the supreme
executive power be vested in a single person, subject however to
proper exceptions.
CON\'ENTION OF 1789-90.
151
On the question—Will the convention agree to the same?—The
yeas and nays being called by Mr. Wilson, were as follow, viz.
YEAS.
Wilson
Mr. Boyd
Mr. Groscop
Mr. Smilie
Baker
Coleman
Gehr
Gallatin
Roberts
Graff
Sitgreaves
M'Lene
Lewis
Hubley
Mawhorter
Matthews
M'Kean
Breckbill
Arndt
Morris
Gray
Miller
Rhoads
Potts
Robinson
Siegle
Powell
Coates
Hare
Reed
Piper
Shoemaker
Edwards
Tyson
Smith
Gloninger
Ogden
Pedan
Snyder
Brown
Jenks
Dill
Findley
Pickering
Barclay
Whitehill
Todd
Henderson
Stout
Irvine
Addison
Gibson
Gibbons
Power
Höge
Beale
Bull
Lower
Redick
Sellers
T. Ross
Lincoln
J. Ross
Graham 64
So it was unanimously determined in the affirmative.
And in debating the following resolution, viz.
Resolved, That the judicial department of the constitution of this
commonwealth should be altered and amended, so as tliat the judges
of the supreme court should hold their commissions during good beha¬
viour and be independent as to their salaries, subject however to such
restrictions as may hereafter be thought proper.
On the question—Will the convention adopt the resolution?—The
yeas and nays were called by Mr. Sitgreaves, and were as follow,
viz.
YEAS.
Mr. Wilson
Baker
Roberts
Lewis
M'Kean
Gray
Robinson
Hare
Edwards
Ogden
Jenks
Barclay
Stout
Gibbons
Mr. Bull
Coleman
Graff
Hubley
Breckbill
Miller
Siegle
Reed
Tyson
Pedan
Dill
Whitehill
Irvine
Power
Mr.'Lower
Lincoln
Groscop
Gehr
Sitgreaves
Mawhorter
Arndt
Rhoads
Powel
Smith
Snyder
Findley
Todd
Addison
Mr. Höge
J. Ross
NAYS.
Mr. Piper
Redick
Mr. T.Ross
Boyd
So it was determined in the affirmative.
Mr. Gallatin
M'Lene
Smilie
Morris
Potts
Coates
shoemaker
Gloninger
Brown
Pickering
Henderson
Gibson
Sellers
Graham 56
Mr. Matthews
Beale 8
MINUTES OF THE
And in debating tlie following resolution, viz.
Resolved, I'lial the constitution of this com mon wealth should be so-
amended as that the supreme executive department should have a
qualified negative on the legislature.
On tlie question—Will the convention adopt the resolution?—The
yeas and nays were called by Mr. Wilson, and were as follow, viz.
YEAS.
Mr. Wilson
Baker
Roberts
Lewis
M'K.eaa
Gray
Robinson
Hare
Edwards
Ogden
Jenks
Barclay
Stout
Gibbons
Bull
Mr. T. Rosa
Boyd
Coleman
GraflF
Hubley
Breckbill
Miller
Siegle
Reed
Tyson
Pedan
Dill
Irvine
Lower
Lincoln
Mr. Groscop
Gehr
Sitgreaves
Mawhorter
Arndt
Rhoads
Powell
Smith
Snyder
Find ley
Todd
Addison
Höge
Redick
J. Ross
Mr. Smilie
Gallatin
M'Lene
Matthews
Morris
Potts
Coates
Shoemaker
Gloninger
Brown
Pickering
Henderson
Gibson
Sellers
Graham 60
NAYS.
Mr. Whitehill Mr. Power Mr. Piper Mr. Beale 4
So it was determined in the affirmative.
And in debating the following resolution, viz.
Resolved, That that part of the constitution of this commonwealth,
called Jl declaration of the rights of the inhabitants of the common'
wealth or state of Pennsijlvania, requires alterations and amend¬
ments, in such manner as that the riglits of the people, reserved and
excepted out of the general powers of government, may be more ac¬
curately defined and secured, and that the same and such other alter¬
ations and amendments in the said constitution as may be agreed on,
be made to correspond with each other.
On the question. Will the convention adopt the resolution ? The
yeas and nays were called by Mr. Wilson, and were as follow, viz.
YEAS.
Mr. Wilson
Baker
Roberts
Lewis
M'Kean
Gray
Robinson
Hare
Edwards
Ogden
Jenks
Mr. Barclay
Stout
Gibbons
Bull
T. Ross
Boyd
Coleman
Graff
Hubley
Breckbill
Miller
Mr. Siegle
Reed
Tyson
Pedan
Dill
Whitehill
Irvine
Power
Lower
Lincoln
Groscop
Gehr
Sitgreaves
Mawhorter
Arndt
Rhoads
Powell
Piper
Smith
Snyder
Findley
Todd
CONVENTION OP 1780-90.
153
YEAS.
Mr. Addison Gallatin Coates Henderson
Hege M'Lene Shoemaker Gibson
Redick Matthews Gloninger Beale
J. Ross Morris Brown Sellers
Smilie , Potts Pickering Graham 64
And it was unanimously determined in the affirmative.
Whereupon, A motion was made by Mr. Lewis, seconded by Mr.
Sitgreaves, viz..
Resolved, That a committee of nine members be chosen, by ballot,
to take into consideration the constitution of this commonwealth, with
such alterations and amendments as may be necessary therein ; and to
report a draught of a proposed constitution, altered and amended as
aforesaid, and that the resolutions reported by the committee of the
whole, and adopted by the house, shall be instructions to the said
committee so far as they extend.
It was then moved by Mr. Findley, seconded by Mr. Boyd, to post¬
pone the consideration of the said resolution in order to introduce the
following, viz.
Resolved that every freeman of the age of twenty-one years, having
resided years in the United States, or years
in this commonwealth, one of which at least in the county or district,
next before the election where he claims his vote, and who hath been
possessed, in freehold estate or other taxable property, to the value
of for the space of ene whole year next before the elec¬
tion, and the sons of freeholders, qualified with respect to age and resi¬
dence as is described above, shall have a right to vote for either branch
of tlie legislature.
On the question. Will tire convention agree to the postponement for
the aforesaid purpose? The yeas and nays were called by Mr. Findley,
and were as follow, viz.
YEAS
Mr. Edwards Mr. Gehr Mr. Todd Mr. Matthews
Gibbons Mawhorter Addison Coates
T. Ross Powell Höge Shoemaker
Boyd Piper Reaick Gloninger
Whitehill Smith Smilie Brown
Power Snyder Gallatin Henderson
Lower Findley M'Lene Beale
Lincoln 29
NAYS.
Mr. Wilson Mr. Jenks Mr. Siegle Mr. Ilhoads
Baker Barclay Reed J.Ross
Roberts Stout Tyson Morris
Lewis Bull Pedan Potts
M'K.ean Coleman Dill Pickering
Gray Graff Groscop Gibson
Robinson Hubley Sitgreaves Sellers
Hare Brçckbill Arndt Graham
Ogden Miller 34
So it was determined in the negative,
20
MINUTES or TÉTÊ
And tlie original resolution, made by Mr. Lewis, seconded by Mr.
Sitgreaves, adopted.
Whereupon, On motion of Mr. Smilie, seconded by Mr. M'iCean,
Ordered, That to-morrow be assigned for the election of a commit¬
tee for the purposes contained in the said resolution, and that it be the
order for that day.
Adjourned until ten o'clock to-morrow, A. M.
FRIDÂY, December 11, 1789. wî. Jfl.
The convention met pursuant to adjournment.
Agreeably to the order of yesterday, the convention proceeded to
the election of a committee " To take into consideration the constitu¬
tion of this commonwe^th, with such alterations and amendments as
may be necessary therein, and to report a draught oí a proposed con¬
stitution, altered and amended as aforesaid, &c. and that the resolu¬
tions reported by the committee of the whole, and adopted by the
house, shall be instructions to the said committee so fer as they ex¬
tend," and the ballots being taken, it appeared that Mr. Findley,
Mr. Hand, Mr. Miller, Mr. Wilson, Mr. Irvine, Mr. Lewis, Mr.
James Ross, Mr. Smith and Mr. Addison, were duly elected.
Whereupon, On motion of Mr. Whitehill, seconded by Mr. Findley,
Adjourned until Tuesday next, three o'clock, P. M.
TUESDAY, December 15, 1789. P. M.
The convention met pursuant to adjournment.
The committee elected on the 11th instant, not being prepai'ed to
report. On motion.
Adjourned until Friday next, three o'clock, P. M.
FRIDAY, December IS, 17S9. P.AÍ.
The convention met pursuant to adjournment.
A letter from Samuel Sitgreaves, Esq. was read in excuse for his
non-attendance. Ordered to lie on the table.
The chairman of the committee, appointed on the 11th of December,
inst. to take into consideration the constitution of this commonwealth,
&c. and report a draught of a proposed constitution, informed the con¬
vention, that thèy were not ready to report, and requested that the
committee might be instructed to order a certain number of copies of
their report, when complete, to be printed for the information of the
members. Whereupon,
On motion of Mr. M'Lene, seconded by Mr. Irvine,
Resolved, That the said committee be instructed to have one hun¬
dred and thirty-eight copies of their report printed for the use of the
members.
Adjourned until three o'clock on Monday next, P. Ml
«CONVENTION OF 1789-90.
MONDAT, December 21, 1789. F. M.
Tlic Convention met pursuant to adjournment.
The committee appointed on the 11th of December, instant, to take
into consideration the constitution of this commonwealth, &c. and re-
fiort a draught of a proposed constitution, made report, in part, as
ollows, viz.
We, the people of the commonwealth of Pennsylvania, or¬
dain and establish this constitution for its government.
ARTICLE I.
i?ection I. The legislative power of this commonwealth shall be
Tested in a general assembly, which shall consist of a Senate and
House of Representatives.
II. The representatives shall be chosen annually by the citizens of
the city of Philadelphia, and of each county in the state respectively,
r.n the Tuesday of October.
III. No person shall be a representative, who shall not, at the time of
his election, haVe been, the three years next preceding, an inhabitant
of the state, and one year next preceding an inhabitant of the city or
county in which he shall be chosen.
IV. "The representatives from the city of Philadelphia and the
several counties shall be in proportion to the number of taxable inhab¬
itants ; provided that the number of representatives shall never be
fewer than sixty nor more than one hundred : But each county shall
have at least one representative. An enumeration of the taxable in¬
habitants shall be made within three years after the first meeting of the
general assembly, and within every subsequent term of ten years, in
such manner as they shall, by law, direct. Until such enumeration
shall be made, the city of Philadelphia and the several counties of the
state, shall be respectively entitled to choose the same number of rep¬
resentatives as is now prescribed by law.
V. The senate shall consist of not fewer than sixteen, nor more
than thirty-two members, chosen in districts, in proportion to the num¬
ber of taxable inhabitants in each district.
VI. The city of Philadelphia and the several counties of this state,
shall be formed into districts, containing each, as nearly as may be,
such a number of taxable inhabitants as shall be entitled to elect one
senator; but where that cannot be done, then such a number of adjoin¬
ing counties shall be formed into one district, as shall be entitled to
elect not more than three senators.
VII. The citizens of the city of Philadelphia and of the several
counties in this state, qualified to elect representatives, when assem.
bled for that purpose, shall, if occasion require, at the same time, at
the same places, and in the same manner, for every representative,
elect two persons resident within their city or county respectively,
as electors of the senator or senators of their district.
Vril. Within days after their election, the electors of
each district shall meet together at some convenient place within the
district, and elect the senator or senators for their district.
156
MINUTER OF THE
IX. The senators shall be chosen for four yearg. But immediatiily
after they shall be assembled in consequence of the first election, they
siiall be divided, as equally as may be, into four classes. The seats of
the senators of the first class shall be vacated at the expiration of the
first year; of the second class, at the expiration of the second year; of
the third class, at the expiration of the third year; and of the fwrtli
class, at the expiration of tue fourth year : So that one-fourth may be
chosen every year.
X. No person shall be elected a senator, who shall not have resided
four years next before his election in the state, the last year whereof
shall have been in the district, for which he is chosen. No man sbalL
be a senator who shall not have attained to the age of thirty years.
And no elector thall be chosen a senator.
XI. No person shall be chosen an elector, who shall not have resi¬
ded in the district three years next before his election. And no per¬
son shall be chosen an elector who is a member of the legislature, or
who holds any ofiice in the appointment of the executive department.
XII. Until the enumeration before mentioned shall be made, the
number of senators shall be sixteen.
XIII. The general assembly shall meet at least once in every year;
and such meeting shall be on the Tuesday of November.
XIV. Each house shall choose its speaker and other officers ; and
the senate shall also choose a speaker pra tempore, when the speaker
shall exercise the office of governor.
XV. Each house shall be the judge of elections, returns and quali¬
fications of its own members ; and a majority of each house shall con¬
stitute a quorum to do business; but a smaller number may adjourn
from day tu day, and may be authorised to compel the attendance of
absent members, in such manner, and under such penalties as the
house may provide.
XVI. Each house may determiné the rules of its proceedings, pun¬
ish its members fo;- disorderly behaviour, and, with the concurrence of
two-thirds, expel a member : And shall have all other powers neces¬
sary for either branch of a free legislature.
XVir. Each house shall keep a journal of its proceedings, and,
from time to time, publish them, excepting such parts as may, in their
judgment, require secrecy : And the yeas and nays of the members of
either house, on any question, shall, at the desire of ,
be entered on the journal.
XVIII. The doors of each house shall be open, unless when the bu¬
siness shall be such as, in their judgment, ought to be kept secret.
XIX Neither house shall, without the consent of the other, adjourn
for more than three days, iior to any other place than that in which
the two houses shall be sitting.
XX. The senators and representatives shall receive a com{}ensation
for their services, to be ascert " .
breach of the peace, be privileged from arrest, during their
attendance at the session of the respective houses, and in going to
and returning from the same; and for any speech or debate in either
house they shall not be questioned in any other place.
XXI. No senator or representative shall, during the time fur which
he was elected, be appointed to any civil office, under the authority
of this commonwealth, which shall have been created, or the einolu-
commonwealth.
CONVENTION OF 1789-90.
157
menís of vviñch shall have been increased during such time : And no
person holding any office, except in the militia, under this common¬
wealth or the United States, shall be a member of either house during
his continuance in office.
XXII. When vacancies happen in either house, the speaker of that
liousb shall issue writs of election to fill such vacancies.
XXIII. All bills for raising revenue shall originate in the house of
representatives; but the senate may propose or concur with amend»
incnts, as in other bills.
XXIV. No money shall be drawn from the treasury, but in conse¬
quence of appropriations madé by law.
XXV. Every bill which shall have passed the house of representa¬
tives and the senate, shall, before it become a law, be presented to the
governor. If he approve, he shall sign it; but if he shall not approve
it, he shall return it, with his objections, to that house in which it shall
have originated, who shall enter the objections at large upon their jour¬
nal, and proceed to re-consider it. If after such re-consideration, three-
fiftlis of that house shall agree to pass the bill, it shall be sent togeth¬
er with the objections, to the other house, fiy which it shall likewise
be re-considerçd, and if approved by three-fifths of that house, it shall
become a law. But in all such cas"s, the votes of both houses shall
be determined by yeas and nays, and the names of the persons voting
for or against the bill shall be entered upon the journals of each house
respectively. If any bill shall not be returned by the governor within
ten days (Sundays excepted) after it shall be presented to him, the
same shall be a law in like manner as if he had signed it, unless the
general assembly, by their adjournment, prevent its return, in which
case it shall not be a law.
XXVI. Every order, resolution or vote, to which the concurrence of
the senate and house of representatives may be necessary (except on
a question of adjournment) shall be presented to the governor, and be¬
fore the same shall take effect, be approved by him; or, being disap¬
proved by him, shall be re-passed by three-fifths of the senate and
house of representatives, according to the rules and limitations pre¬
scribed in case of a bill.
ARTICLE II.
Section I. The supreme executive power of this commonwealth shall
be vested in a governor.
II. He shall hold his office during the term of three years; and shall
be chosen on the Tuesday of October, in every third year,
by the citizens throughout the commonwealth, at the places Where
they shall respectively vote for representatives.
III. He shall not be capable of holding his office longer than nine
years successively; nor shall he be capable of being elected again till
three years after the nine successive years shall have been expired.
IV. He must be, at least, thirty years of age; and he must have
been an inhabitant of this state during seven years before his election.
V. No person shall be capable of exercising the office of governor
who, at the same time, shall hold any other office under this state, or
any office under the United States.
VI. The govfernor shall, at stated times, receive, for his services a
compensation, which shall neither be increased or diminished during
the period for which he shall have been elected.
MINUTES or THE
VII. He s!iall be commatiiler in cliief of the army anJ navv of this
commonvvcaKli and ot the militia, except when they shall be called in¬
to the actual scvice of ihe United States.
VIII. Ho shall appoint the chancellor, judges, prothonofaries, clerks,
and all other ollicers of this citmmonwealth, whose offices .ire estab¬
lished by this constitution or shall be estalilislied by law, and whose ap¬
pointments are not hereiti othei wise provided for; but no person shall
De appointed to an office within any county who shall not bave resided
therein one year next before his appointment.
IX. The governor shall commission all the officers of this common¬
wealth.
X. He may require the opinion, in writing, of the officers in each of
the executive departments upon any subject relating to the duties of
their respective offices.
XI. He shall from time to time, give to the general assembly infor¬
mation of the state of the commonwealth, and recommend to their con¬
sideration such measures as he shall judge necessary or expedient.
XÍÍ. He ma)', on extraordinary occasions, convene both houses;
and in case of disagreement between them with respect to the time of
adjournment, lie may adjourn them to such time as lie shall think prop¬
er.
XIII. He shall take care that the laws be faithfully executed.
XIV. In case of the removal of the governor from office, or of his
death or resignation, it shall devolve on the speaker of the senate un¬
til the next annual election of representatives, when another governor
shall be chosen in the manner hereinbefore mentioned.
XV. The state treasurer shall be appointed in the manner prescri¬
bed by the twenty-sixtli section of the first article of this constitution;
All subordinate officers in the treasury department, election officers,
officers relating to the poor and highways, constables and other lown-
ship officers shall be appointed in such mannçr as shall be directed by
law.
ARTICLE III.
Section I. In elections by the citizens every freeman of the age of
twenty-one years, having resided in the state two years next before the
days of the elections respectively, and paid taxes within that time,
shall enjoy tlie rights of an elector. The sons of freeholders, of the
age aforesaid, shall be entitled to vote, though they have not paid tax¬
es.
II. All elections shall be by ballot, except those by persons in their
representative or public capacities, which shall beniv« voce.
ill. If elections are not properly attended; attendance on them
shall be enforced by law.
ARTICLE IV.
Section I. The bouse of representatives shall iiave the sole power of
impeachment.
il. All impeachments shall be tried before the Senate; and the chan¬
cellor of the commonwealth shall preside therein. When sitting for
ffiat purpose, the senate shall be on oath or affirmation: No person
CONVENTION OF (789-90.
159
sliall vbe convicted without the concurrence of two-thirds of the mem¬
bers present.
III. Judgment in cases of impeachment shall not extend further
than to removal from ollice, and disciualiñcation to hold any office of
honor, trust or profit under this commonwealth; l)ut the party convict¬
ed shall nevertheless be liable to indictment, trial, judgment and pun¬
ishment according to law.
ARTICLE V.
Section I. The judicial power of this commonwealth shall be vested
in a higii court of chancery and a supreme court, the jurisdiction of
each cf which shall extend over the state; in the courts ol chancery
and of oyer and terminer and general jail delivery. Hereinafter men¬
tioned; in a court of common pleas, orphans' court, register's court and
court of quarter sessions for each county; and in such other courts as
the legislature may, from time to time esiablisli. But no special com¬
mission of oyer and terminer or jail delivery siiail be issued.
II. Tlie chancellor of the commonwealth, thejudgesof the supreme
court, and the judges of the several courts of common pleas shall be
commissioned and hold their offices during good behaviour; and shall,
at stated times, receive for their services, a compensation, which shall
not be diminished during their continuance in office: But the governor
may remove any of them on the address of two-thirds of each branch of
the legislature.
III. The chancellor, in addition to the other powers and duties of
his o.ffice, shall causé to be tried, by a jury, such material facts as eith¬
er party shall require to be so tried; provided a specification of the
facts be made in writing.
IV. The supreme court and the several courts of common pleas shall,
besides tiie powers usually exercised by such courts, have the powers
of a court of chancery, so far as relates to the obtaining of evidence
from places without the state.
V. Until it shall be otherwise directed by the legislature, the seve¬
ral courts of common pleas shall be established in tlie following man¬
ner: The state shall, by law, be divided into circuits, any of which
shall include not more than nor fewer than counties: A
president shall be appointed for the several courts in each circuit, who,
during his continuance in office, shall reside within such circuit; and
one judge shall be appointed from every county within such circuit,
who.during his continuance in olficc, shall reside within such county:
Such president and judges, or any three of them, shall be the judge»
who shall compose the several courts of common pleas.
VI. The judges of the courts of common pleas respectively, during
their continuance in office, shall, the president being one of them, j)e
justices of oyer and terminer and general jail delivery, for the trial of
capital and other offenders, for each of the counties within the said cir¬
cuits respectively: But they shall not hold a court of oyer and termi¬
ner and general jail delivery in any county when the judges of the
supreme court, or some of them shall be sittingin the same county.
VÍI. The judges of the courts of common pleas respectively, shall du¬
ring their continuance in office, be justices of the courts of quarter ses¬
sions lort;achof the counties within the said circuits respectively; And
they shall, when sitting in g ceunty, compose the orphans' court and,
160
MINUTES OP THE
register's court for that county: But the judge, who shall reside there¬
in, and tlie register of wills may, at all other times, hold such courts,
subject to the revision and decrees of the orphans' court upon appeal
or otherwise.
VIII. The judges of the courts of common pleas shall have the like
powers with the judges of the supreme court to issue writs of certiora¬
ri to the justices of the peace within the several counties respectively,
and to cause their proceedings to be brought before them, and the like
right and justice to be done.
IX. The judges of the courts of common pleas shall be conservators
of the peace within the several counties of the circuits, in which they
shall be empowered to hold courts.
X. A court of chancery shall be establishd within each of the said
circuits, except that in which the high court of chancery shall be stea¬
dily held, and the president of the said courts of common pleas respec¬
tively, shall hold the same, and be stiled the chancellor of such circuit:
He shall possess and exercise therein the like powers with the chancel¬
lor of the commonwealth, except the power bf granting injunctions to
stay the proceedings or suspend the judgments of any common law
courts: The mode of proceeding shall jie the same as shall be used in
the high court of chancery. From any interlocutory or final decree
in the chancery of any circuit, there shall be an appeal to the chan-
cellor of the commonwealth.
XI. A competent number of justices of the peace for each county,
shall from time to time, be ascertained bylaw; and the citizens of each
county respectively, shall at the general election, choose double that
number, or of the vacancies that may happen, and return their names
to the governor, v/ho shall appoint and commission, for years, if
so long they behave themselves well, half the numberso elected and re¬
turned: But this mode of appointment may be altered as the legisla¬
ture shall by law direct.
XII. 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.
XIII. Protnonotaries, 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 shall be
officers. And circuit officers shall keep their offices in some county
town within tlieir circuits respectively. - '
XIV. The stile of all process shall be The commonwealth of Pennsyl¬
vania: All prosecutions shall be carried on in the name and by the
authority of the commonwealth of Pennsylvania, and shall conclude,
gainst the peace and dignity of the same.
ARTICLE VI.
Section I. Sheriffs and coroners shall, at the places of the election
of representatives, be chosen for three years, by the citizens of each
county respectively; two persons shall be chosen fur each office, one
of whom fur each shall be commissioned by the governor; no person
shall continue in the office of sheriff more lhan three years successively.
II. The freemen of this commonwealth shall be armed and disciplin¬
ed for its defence; the militia officers shall be appointed in such man¬
ner, and for such time as shall be by law directed.
CONVENTION OF 1789-90.
161
ARTICLE VIL
All debts contracted am] engagements entered into, before the estab-
lishibent of tills constitution, shall be as valid against the common¬
wealth, under this constitution, as they have been heretofore.
ARTICLE VIII.
Section I. A school or schools shall be established in each county
for the instruction of youth, and the state shall pay to the masters such
salaries as shall enable them to t>^'ach at low prices.
II. The arts, sciences and all useful learning shall be promoted in
one or more universities.
.III. Religious societies and corporate bodies shall be protected in
their rights, immunities and estates.
Ordered to lie on the table.
■Whereupon, on motion of Mr. Findley, seconded by Mr. James Ross,
Ordered, That ednesday next be assigned for the second reading of
the said report, and that it be the order of that day.
Adjourned until Wednesday next, at ten o'clock, A. M.
WEBXESDAY, December 1789. A. M.
The convention met pursuant to adjournment.
The committee appointed the eleventh of December, made a fur-
fher report, which was read as follows, viz.
ARTICLE IX.
That the great and essential principles of liberty and free
government may lie recognised and unalterably established,
WE DECLARE,
I. That all men are born equally free and independent, and have
certain inherent and indefeasible rights, among which are those of en¬
joying and defending lite and liberty, of acquiring,"possessing and pro¬
tecting property ahd reputation, and of pursuing their own happiness.
II. That all power being originally vested in is derived from the
people, and all free governments originate from their will, are founded
on their authority, and instituted for their common peace, safety and
happiness; and for the advancement thereof, they have at all times, an
unalienable and indefeasible right to alter, reform or abolish their gov-
ernmant, in such manner as they may think proper,
III. That all men have a natural and indefeasible right to worship Al¬
mighty God according to the dictates of their own consciences, and
that no man ought, or of right can be compelled to attend any reli¬
gions worship, or to erector support any place of worship, or to main¬
tain any ministry against his free will and consent; and that no hu¬
man-authority can controul or interfere with the rights of conscience
in any case whatever; nor shall any preference ever be given, by law,
to any religious establishments or modes of worship.
IV. That no person who acknowledges the being of a God and a
future state of rewards and punishments, shall, on account of his reli-
21
162
MINUTES^OF THE
gious sentiments, be (lisqualiñed to hold any office or place of trust or
profit under ihis l ominonwealth.
V. Tliat elections shall be free and equal.
VI. That trial by jury shall be as heretofore, and the rigi)t thereof
shall remain inviolate.
Vn. That the printing presses shall hefree'to every person who un¬
dertakes to examine the proceedings of the legislature or any bjranjtli
of government, and no law siiall ever be made restraining the /ight
thereof. The free communication of thoughts and opinions is one of
the most invaluable rights of man, and every citizen may freely speak,
write and print, being responsible for the abuse of that liberty.
VIII. Tiiat the people shall be secure in their persons, houses, pa¬
pers and possessions against unreasonable searches and seizures, and
no warrant shall issue to search any place, or to seize any person or
tilings, but on probable cause, supported by oath or affirmation, and de¬
scribing them as nearly as may be.
IX. That in all criminal prosecutions the accused hath a right to be
heard by himself and his counsel; (o demand the cause and nature of
the accusation; to meet the witnesses face to face; to have compulso¬
ry process for obtaining witnesses in his favor, and a speedy public
trial by an impartial jury of the vicinage; nor can he be compelled to
give evidence against himself; nor can any man be deprived of his life,
liberty or property but by the judgment of his peers or the law of the
land.
X. That no persons shall be proceeded against by information for
any indictable offence, except in cases arising in the land or naval for¬
ces, or in the militia when, in actual service in time of war or public
danger; nor shall any person, for the same ofience, be twice put in
jeopardy of life or limb; nor shall any man's property be_,taken, or ap¬
plied to public use, without the consent of his representatives, and on
just compensation being made.
XI. That all courts shall be open, and every freeman for an injury
done liim in his lands, goods, person or reputation, shall have remedy by
the due course of the law, and right and justice administered to him
without sale, denial or delay.
XII. That no power of suspending laws, or the execution thereof,
shall he exercised, unless by the legislature or by the authority there-
of.
XIII. That excessive bail shall not be required, nor excessive fines
imposed, or cruel punishments inflicted.
XIV. That all prisoners shall be bailable by sufficient sureties, un¬
less for capital offences, when the proof is evident or presumption
great, and the privilege of the writ of habeas corpus shall not be sus¬
pended unless when, in cases of rebellion or invasion, the public safe¬
ty may require it.
XV. That the person of a debtor, where there is not a strong pre¬
sumption of fraud, shall notbe continued in prison after delivering up
all his estate for the benefit of his creditors, in such manner as shall
be proscribed by law.
XVI. That no ejcpost facto law, or law impairing contracts shall be
made.
XVII. That no person shall be attainted of treason or felony by the
législature*
CONVENTIOÍI Oí? 1789-'90.
i63
XVIII. Tliat no attainder shall work corruption of blosd or forfeit-
lire of real estate, except during the life of the oBender.
XIX. That the right of the citizens to bear arms in defence of them¬
selves and the state, and to assemble peaceably together, and apply in
a decent manner, to those invested with the powers of government,
for redress of grievances or other proper purposes, shall not be ques¬
tioned.
XX. That those who conscientiously scruple to bear arms shall not
be compelled to do so, but shall pay an equivalent for personal service.
XXI. That no standing army shall, in time of peace, be kept up
without the consent of the législature, and the military shall, in all cases
and at all times, be kept in strict subordination to the civil power.
XXII. 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.
XXIII. That the legislature shall, at no time, create any office the
appointment to which shall be for a longer term than during good be¬
haviour.
XXIV. That emigration from the state shall not be prohibited.
XXV. To guard against transgressions of the high powers which we
have delegated, WE DECLARE, That every thing in this article ex¬
pressed, is excepted out of the general powers of legislation, and shall
lor ever remain inviolate.
And on-motion, and by special order, tire same was read the second
time, whereupon.on motion of Mr. Addison, seconded by Mr. Hare,
Resolved, That the convention resolve itself into a committee of the
whole, to take into consideration the report of the said committee.
Whereupon the president left the chair, and Mr. M'Kean was placed
therein.
After some time spent in the business referred to them, the chair¬
man left the chair, and the president resumed it.
The chairman then reported, that the committee of the whole had
made progress in the business referred to them, and requested leave to
sit again to-morrow. J.eave was accordingly granted.
Adjourned until ten o'clock, to-morrow, A.M.
On Thursday, December the 24th, Saturday the 25th, Monday the
28th, Tuesday the 29th, and on Wednesday the 30th, the convention
in committee of the whole reported further progress in the business re¬
ferred to them on the 23d.
THURSDAY, December 31, 1789. A. M.
The convention met pursuant to adjournment.
A return of an election held within the county of Dauphiu, of a
mem*ber to represent the said connty in this convention, in the room of
Jacob Cook, Esq. deceased, was presented to the jchair and read, by
which it appeared that Alexander Graydon, Esq. was duly elected,
who appearing in the house was admitted to take his seat.
' A letter from Jonas Phillips, in behalf of himself and others, Israel¬
ites, was read, and ordered to lie on the table.
Agreeably to the order of the day the convention resolved itself into
a committee of the whole. And after some time the committee re¬
ported further progress and obtained leave to sit again.
Adjourned until ten o'clock to-morrow, A. M.
MINUTES OF THE
FRIDAY, January 1, 1790, A. M,
The convention n^et pursuant to adjournment.
A letter was presented to the chairfrom John BreckBrll, Esq. a mem¬
ber of this convention for the county of Lancaster, in excuse for his
non-attendance. Ordered to lie on the table.
Agreeably to the order of the day the convention resolved itself into a
committee of the whole; and after some time the committee reported
further progress and obtained leave to sit again.
Adjourned until ten o'clock to-morrow, A. M.
On Saturday, January 2d, 1790, Monday, January 4th, Tuesday,.
January 5th, Wednesday, January 6lh, Thursday, January 7th, Friday,
January 8th,** Saturday January 9th, Monday, January 11th, Tuesday,
January I2thi Wednesday, January lSth,Thur8day, January 14th, Fri¬
day, January 15th, Saturday, January 16th, Monday, January 18th,
Tuesday, January l9th,t Wednesday, January 20th, Thursday, Janua¬
ry 21st, and Friday, January 22d, the convention in committee of the
wnole, made further progress in the business referred to them on the
23d December.
SATURDAY, JanvLary'zZ.xr'ÜQ. A. M.
The convention met pursuant to adjournment.
On motion of Mr. Findley, seconded by Mr. Vl'Kean,
Resolved, That a committeee be appointed to prepare a schedule
for jujtting the government into operation.
Ordered that Mh Wilson, Mr. Lewis, Mr. Hand, Mr. Findley and
Mr. James Ross, be a committee for the purpose contained in the fore¬
going resolution.
Agreeably to the order of the day, the convention resolved itself
into a committee of the whole, and after some time the committee re¬
potted further progress and obtained leave to sit again.
Adjourned until three o'clock on Monday next, P. M.
MOA'DAY, January ^5,17^0, P. M.
The convention met pursuant to adjournment.
Agreeably to the order of the day thcconvention resolved itselfinto a
committee of the whole, and after some time the committee reported
furtiicr progress, and obtained leave to sit again. ;•
On motion of Mr. Sellers, ordered, that Mr. Roberts, Mr. Gray, Mr.
Gibbons, Mr. Thomas Ross and Mr. Sellers, be a committee to attend
the funeral of Henry Hale Graham, Esq. deceased, late a member of
this convention for the county of Delaware, to-morrow morning at elev¬
en o'clock.
Adjourned until ten o'clock to-morrow, A. M.
• ui) üic all, .Mr. Wilsoiv obtained leave of absence untllTucsdsy ne.\t.
j On the 19iii, a letter from WilUaiu Irvific, Esq. a jncmbcr of tlic convention
from the county of Cumberland, was read, in çxcuse for his nou attcudauce.
CONVENTION OF 1789--90.
163
TÜESDJIY, January 26, 1790. Â. Jh»
The convention met pursuant to adjournment.
Mr. M'Rcan, chairman of the committee of the whole, iiiformerl the
convention that business of a public nature would necessarily oblige
him to be absent for a few days, and requested leave of absence; which
was accordingly granted.
Agreeably to the order of thé day the convention resolved itself in¬
to a committee of the whole; the president left the chair, and Mr.
Hand was placed therein as chairman pro tempore^
After some time spent in the business referred to them, the presi¬
dent resumed tiie chair; the chairman then reported, that the commit¬
tee iiad made further progress in the business referred to them, and re¬
quested leave to sit again to-morrow. Leave was accordingly grant¬
ed.
Adjourned until ten o'clock to-morrow, A. M.
WEBJSTESDJY, January S7, 1790, Jl. M.
The convention met pursuant to adjournment.
Mr. Wilson informed the convention that business of a public nature
would require his attendance at New York, and requested leave of ab¬
sence; which was accordingly granted.
On motion, ordered, that Mr. Sitgreaves be added to the committee
appointed on the 23d of January, instant, to prepare a schedule for
putting the government into operation, in the room of Mr. Wilson.
Mr, Roberts of the committee appointed to attend the funeral of
Henry Hale Graham, Esquire, reported, that they had performed
that service.
Agreeably to the order of the day the convention resolved itself in¬
to a committee of the whole. And after some time the reported fur¬
ther progress, and obtained leave to sit again.
A motion was made by Mr. Sellers, seconded by Mr. Bull, and
adopted as follows, viz.
Resolved, That it be recommended to the freemeu of the county of
Delaware, who aéeby the election laws of this commonwealth qualified
to vote for members of tiie general assembly, tu hold an election at the
same places and under the same rules and regulations prescribed by the
said laws, on Wednesday the third day of February next,for a member
of this convention to supply the vacancy occasioned by the death of
Henry Hale Graham, Esquire.
Resolved, thatitbe recommended to the same officers and persons
who conducted the last general election, to attend, conduct and reg¬
ulate the election hereby recommended to be held for the purpose
aforesaid, in like manner as is directed by the election laws of this
state, and make return thereef to this convention ; and in case of the
death, absence or inability of any of the said officers or persons, that
others be chosen or appointed in their stead, before the opening of the
said election.
Resolved, that one hundred copies oftheforegoingresolutionsbe prin¬
ted and distributed for the information of the citizens of the said county.
Adjourned until ten o'clock to-morrow, A. M.
106
MINrTES OP TME
TnUIlSJhli\ January 9.Sth, 1790. Ji. JT.
The convention met pursuant to adjournment.
Mr. ilubley, a member of this convention for the couufy of Lancas¬
ter, asked" leave of absence, which was accordingly granted,
Agreeably to the order of the day the convention resolved itself into
a committee of tlie whole. And after sometime the committee re¬
ported further progress, and obtained leave to sit again.
Ajuurned until ten o'clock to -morrow, A. M.
FRIDAY, January mh, 1790. M.
The convention met pursuant to adjournment.
Mr. M'Kean, chairman of the committee of the'whole, informed
the house that the state of his health rendered it inconvenient for him
to resume the chair.
Agreeably to the order of the day the convention resolved itself into
a committee of the whole.
The president left the chair, and Mr. Hand was placed therein as
chairman ofthe committee of the whole.
After some time spent in tlie business referred to theth, the presi¬
dent resumed tlie chair.
The chairman then reported, that the committee had made further
progress in the business' referred to them,' and reijuesteJ leave to sit
again to morrow, l.eavewás accordingly granted.
Adjourned until ten o'clock to-morrow. A. M.
On Saturday, January SOth, 1790, Monday, February 1st, Tues¬
day, February 2d, Wednesday, February Sd, and Thursday, Feb¬
ruary 4tb, f'onvention, in the committee of the whole, made lurther
progress in the business referred to tUein on the 23d December.
FRIDJIY, February 5th, 1790. -3. M.
The convention met pursuant to adjournment.
Agreeably to thé order of thè day the convention resolved itself in--
to a committee of the whole.
The president left the chair, and the chairman was placed therein.
After some time spent in the business referred to them, the president
resumed the chair.
The chairman then reported, that the committee of the whole, to
whom was referred the report of the committee of nine, Iml agreed to
the following plan of government, which was presented to the chair and
read, viz.
We, the people of Pennsylvania, having hy our reprcsen-
tatives, freely 'ihosen and in convention met, altered and
amended the constitution of this communwealtli, do ordaiu
and establish as follows ;—
ARTICLE 1.
Section I. The legislative power of this commonwealth shall be
CONVENTION OF 1789-90.
167
in a general assembly, which shall consist of a senate and house
of representatives.
Section II. The representatives shall be chosen annually by the
citiyeiis of the city of Philadelphia, and of each county respectively,
on the second Tuesday of October.
Section III. No person shall bv;a repre^^cntative who shall not have
attained the age of twenty-one years, and have been, the three years
next preceding his election, a citi/.en and inhabitant of the state, and
the last year thereof an inhabitant of the city or county in which he
shall be chosen.
Section IV. The number of representatives shall, at the several
periods of making the enumeration in this section mentioned, be tixed
by the legislature, and apportioned between the city ot Philadelphia
and the several counties, according to the number of taxable iniiabit-
ants in each, and shall never be less than sixty, nor more than one
hundred ; and that it shall be increased at the time of making each
enumeration, except the first, in the same proportion which the in¬
crease of the number of taxables shall bear to the then number of repre¬
sentatives, until the same shall amount to one hundred. But each coun¬
ty shall have, at least, one representative; provided that no new
county shall be entitled to aseparate representation, until a sufficient
auinber of taxable inhabitants shall be contained within the limits there¬
of, to entitle them to at least one representative, agreeably to the ratio
which shall then be established for the city of Philadelphia and the
several counties; an enumeration of the taxable inhabitants shall be
made within three years after the first meeting of the general assembly
and within every subsequent term of seven years, in such manner,
as shall be, by law, directed. Until sucli enumeration shall be made,
tlie city of Philadelphia and the several counties shall be respectively
entitled to choose the same number of representatives as is now pre¬
scribed by law.
Section V. The senators shall be choosen for four years by the
citizens of the city of Philadelphia and of each county respectively,
at the same time, in the same manner and at the same places where
they shall respectively vote for representatives.
Section VI. The number of senators shall, at the several periods
of making the enumeration mentioned in the fourth section, be fixed by
the legislature, and apportioned between the districts formed as here¬
inafter mentioned, according to the number of taxable inhabitants in
eacli, and shall never be less than one-fourth, nor more than one-third
of the number of representatives.
Section VII. The senators shall be chosen in districts, tobe form¬
ed by the legislature, containing eacli, as nearly as may be, such a
number of taxable inhabitants as shall be entitled to elect one sena¬
tor; but where that cannot be done, then such number of adjoining
counties shall be formed into one district as shall be entitled to elect
not more than four senators ; provided that neither the city of Phil¬
adelphia, nor any county, shall be divided in forming a district.
Section VÍII. No person shall be a senator who shall not have at¬
tained to the age of twenty-five years, and who shall not have been a
citizen and inhabitant of the state four yeats next,before his election;
the last year whereof shall have been in the district for which he shall
be chosen.
Section IX. Immediately after the senators shall be assembled ia
168
MINUTES OF THE
consequence of the first election, they shall be divided, by lot, as
equally as may be, into four classes. The seats of the senators of
the first class, shall be vacated at the expiration of the first year ;
of the second class, at the expiration of the second year ; ot the third
class, at the expiration of liie third year; and of the fourth class, at
the expiration of tiie fourth year ; so that one-fourth may be chosen
every year,
Section X. The fçeneral assembly shall meet at least once in ev¬
ery year ; and such meeting shall be on the first Tuesday of Decem¬
ber.
Section XI. Each house shall choose its speaker and other officers ;
and the senators shall also choose a speaker pro tempore, when the
speaker shall exercise the office of governor.
Section XII. Each house shall be the judge of the qualifications of
its own members; but in case of contested elections the same shall be
judged of, and determined bv a committee, to be selected from the
house in such manner as shall be, by law, directed : and a majority
of each house shall constitute a quorum to do business ; but a smaller
number may adjourn from day to day, and may be authorised to
compel the attendance of absent members in such manner, and un¬
der such penalties, as the house may provide.
Section Xlll. Each house may determine the rules ofits proceed-
ings, punish its members for disorderly behaviour, and, with the
concurrence of two-thirds, expel a member, but not a second time for
the same cause, and shall have all other powers necessary for either
branch of the legislature of a free state.
Section XIV. Each house shall keep a journal of its proceeding»,
and publish them weekly, excepting such parts as may, in theirjudg-
ment, require secrecy : and the yeas and nays of the members of ei¬
ther house, on any question, shall, at the deéire of any two of them,
be entered on the journals.
Section XV. Tlie doors of each house shall be open, unless when
t!ie business siiall besuch as, in their judgment, ought to be kept
secret.
Section XVI. Neither house shall, without the consent of the
other, adjourn for more than three days, nor to any other place than
that ill which the two houses shall be sitting.
Section XVII. i'he senators and representatives shall receive a
compensation for their services, to be ascertained by law, and paid out
of the treasury of the commonwealth. They shall, in. all cases, ex¬
cept treason, lelony and breach of the peace, be privileged from arrest,
during their attendance at the session of the respective bouses, and
in going to and returning from the same ; and for any speech or de¬
bate in either house, they shall not be questioned in any other place.
Section XVllI. No senator or representative shall, during the
time for which he was elected, be appointed to any civil office, under
the authority of this, commonwealth, which shall nave been created,
or the emoiunients of which shall have been increased during such
time: and no member of congress, or other person, holding any ot-
ficc, except in the militia, under this commonwealth or the United
States, shall be a inember of either house during his continuance in
congress or in office.
Section XiX. When vacancies happen in either house the spea«
ker of that house shall issue writs of election to fill such vacancies.
CONVENTION OP 1789-90.
169
Section XX. All bills for raising revenue shall originate in the
house of representatives ; but the senate may propose or concur with
amendments, as in other bills.
Section XXÍ. No money shall be drawn from the treasury, but
inconsequence of appropriations made by law.
Section XXII. Every bill, which shall have passed the house of re¬
presentatives and the senate, shall, before it become a law, be pre¬
sented to the governor. 11 he approve, he shall sign it, but if he shall
not approve it he shall return it with his objections, to that house in
which it shall have originated, who shall enter the objections at large
upon their journals, and proceed to re-consider it. If, after such re¬
consideration, two-thirds of that house shall agree to pass the bill, it
shall be sent, together with the objections, to the other house, by
which it shall likewise be re-considered, and if approved by two-thirds
of that house it shall become a law But in all such cases, the votes of
both houses shall be determined by yeas and nays, and the names of
the persons voting for or against the bill shall be entered on the jour¬
nals of each house respectively. If any bill shall not be returned by
the governor within ten days (Sundays excepted) after it shall be
presented to him, the same shall be a law in like manner as if he had
signed it, unless the general assembly, by their adjournment, pre¬
vent its return, in which case it shall be a law, unless sent back with¬
in three days after their next meeting.
Section XXIII. Every order, resolution or vote, to which the con¬
currence of the senate and house of representatives may be necessary
(except on a question of adjournment) shall be presented to the gover-
nor, and before the same shall take effect, be ajrproved by him ; or,
being disapproved by him, shall be re-passed by two-thirds of the sen-,
ate and house of representatives, according to the rules and limita¬
tions prescribed in case of a bill.
ARTICLE 11,
Section I. The supreme executive power of this coramonwealtJi
shall be vested in a governor.
Section II. I'he governor shall be chosen on the second Tuesday
of October, by the citizens throughout the commonwealth, at the
places where they shall respectively vote for representatives. The re¬
turns of every election for governor shall be transmitted to the seat
of government, directed to tiie speaker of the senate, who shall opea
and publish the same in the presence of botii houses of the legislature.
The person having the highest number of votes shall be governor;
but if it should so happen that any two or more should be equal and
higimst in votes, the general assembly shall choose one of them for
governor by the joint vote of both houses. In case of contested elec¬
tions, the same shall be judged of and determined by a committee to
be selected from both houses of the legislature, in such manner as
shall be, by law, directed. During the trial of contested elections the
speaker of the senate shall exercise the office of governor.
Section III. The governor shall hold bis office during the term of
three years from the third Tuesday of December next ensuing his
election, and shall not be capable of holding ids office longer than
nine years in any term of twelve years.
Section XV. He must be, at least, thirty years of age ; and must
)iave been a citizen and inhabitant of tliis state seven years next before
26
170
jiljNUTES OF THE
Iiis election. Provided, that no person absent on public business of
this state, or of tha United States, shall thereby be disqualitied.
Section V. No person shall be capable of e.\ercÍ8Íag the office of
governor who, at the same time, shall be a member of congress, or
hold any other office under this state, or any office under the United
States.
Section VI. The governor shall at stated times, receive for his
services a compensation, which shall neither be increased nor diminish¬
ed during the period for which he shall have been elected.
Section VII. He shall be commander in chief of the army and
navy of this commonwealth and of the militia, except when they shall
be called into the actual service of the United States.
Section VÍII. He shall appoint all officers of this commonwealtlw
whose offices are established by this constitution,or shall be establish¬
ed by law, and whose appointments are not herein otherwise provi¬
ded lor; but no person shall be appointed toan office within any
county, who shall not have resided therein one year next before his
appointment. No member of congress from this state, nor any per¬
son holding or exercising any office of trust or profit under the Uni¬
ted States, siiall, at the same time, hold and exercise any office
whatever, otherwise than in the militia, in this state.
Section IX, The governor shall commission all the officers of this
commonwealth.
Section X. He shall have power to remit fines, and grant reprieves
and pardons for crimes and ofi'ences, except in cases of impeachment.
Section XI. He may require the opinion, in writing, of the officers
in each of the executive departments upon any subject relating to the
duties of their respective offices.
Section XII. He shall, from time to time, give to the general as¬
sembly information of the state of the commonwealth, and recommend
to their consideration such measures as he shall judge necessary or
expedient.
Section XIII. He may on extraordinary occasions, convene the
general assembly, and in case of disagreement between the two hou¬
ses with respect to the time of adjournment, he may adjourn them to
such time as he shall think proper, not exceeding four mouths.
Section XIV. He shall take care that the laws be faithfully exe¬
cuted.
Section XV. In case of the death or resignation of the governor, or
of his removal from office, it shall devolve on the speaker of the senate
until the next annual election of representatives, when another gov¬
ernor shall be chosen in the manner hereinbefore mentioned, and un-
il such newly elected governor shall be duly qualified and commence
the exercise of his office.
Section XVI. The state treasurer shall be appointed annually by the
joint vote of both houses. All other officers in the treasury depart¬
ment, election otficers, officers relating to taxes, to the poor and nigh-
ways, constables and other township officers shall be appointed in such
manner as is or shall be directed by law.
Section XVII. A secretary shall be appointed and commissioned
by the governor. He shall be keeper ot the seals of the state, and
shall, under the direction of a committee of both branches of the legis¬
lature, affix the seal to the laws when the same shall be enacted. He
âliull countersign all commissions, charters of pardon, and patents for
CÍONYENTION OF 1789-90.
171
funds, signed by the governor, as well as marriage, tavern and other
licences. He shall have the custody of all public acts, official docu¬
ments and state papers which shall be addressed or belong to the exe¬
cutive department, to be laid before the governor or either house when
called for. He shall attend the governor or either house when requi¬
red, and shall perform all such other duties as shall be enjoined on
him by future acts of the legislature.
ARTICLE III,
Section I. In elections by the citizens every freeman of the age of
twenty-one years, having resided in the state two years next before
the days of the elections respecti vely, and paid state or county taxes
within that time, which tax shall have been assessed upon him at least
six months before the election, shall enjoy the rights of an elector.
Section II. All elections shall be by ballot, except those by persons
in théir representative or public capacities, which shall be viva voce.
Section III. Electors shall be privileged from arrests in all cases
except treason, felony and breach of the peace, during their attend¬
ance on elections and ingoing to and returning from die same.
ARTICLE IV.
Section 1. The house of representatives shall have the sole power
of impeachment.
Section II. All impeachments shall be tried by the senate ; when
sitting for that purpose, the senators shall he on oath or affirmation :
no person shall be convicted without the concurrence of two-thirds of
the members present.
Section III, Judgment in cases of impeachment shall not extend
further than to removal from office, and disqualification to hold any
office of honor, trust or profit under this commonwealth ; but the par¬
ty convicted shall nevertheless be liable to indictment, trial, judg¬
ment and punishment according to law.
ARTICLE V.
Section I. The judicial power of this commonwealth shall be vested
in a supreme court, in courts of oyer and terminer and general goal
delivery, in a court of common pleas, orphans' court, register's
court, and court of quarter sessions for each county, injustices of the
peace and in such other courts of law and equity as the legislature
may, from time to time, establish.
Section IL The judges of the supreme court and the judges of the
several courts of common pleas shall be commissioned and hold their
offices during good behaviour; but 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 ad¬
equate compensation, which shall not be diminished during their con¬
tinuance in office : but they shall hold no other office of profit in this
commonwealth.
.Section HI. The jurisdiction of the supreme court shall extend
over the whole state. The judges of the same court shall, by virtue of
their offices» be justices of oyer and terminer and general gaol deliv-
m
MINUTES OF THE
cry intlic several counties. No special commission of oyer and termi¬
ner or gaol delivery shall be issued.
Section IV. The several courts of common pleas, for tlie present,
shall be established in the following mariner : I he governor shall ap¬
point a number of judges in each county, not less than three and not
exceeding four, who, during their continuance in oflice, shall reside
within such count)'. The state shall, by law, be divided into cir¬
cuits, any of which shall include not more than six, nor fewer than
three counties. A president shall be appointed for the several courts
in each circuit, who, during his continuance in office, shall reside
within such circuit. Such president and Judges, or any two of them, shall
be the judges who shall compose the respective courts of common pleas.
Section V. Thejudges of the courtsof common pleas in each county,
or any two of them—the president being one, shall be justices of oyer
and terminer and general gaol delivery for the trial of capital and
other oflenders in their respective counties : but they shall not hold a
court of oyer and terminer and general gaol delivery in any county,
when thejudges of the supreme court, or some of them, shall be sit¬
ting in the same county. But the parties accused, as well as the com¬
monwealth, may remove the indictment and proceedings into the su¬
preme court at any time before trial.
Section VI. The supreme court and the several cjurts of com¬
mon pleas shall, beside the powers heretofore usually exercised by the
said courts, have the power of a court of chancery so far as relates to
the perpetuating testimony, obtaining evidence from places not within
the state, and the care of the persons and estates of those who a.re non
compotes mentis. And the legislature shall, as soon as conveniently
may be, after their first meeting under this constitution, vest in the
said courts such other powers to grant relief in equity in all cases to
which common law proceedings are not competent: and shall regu¬
late the exercise thereof, and, from time to time, enlarge, diminish,
or vest the same in such other courts as they shall judge necessary for
the due administration of justice.
Section Vll. Thejuilges of the courts of common pleas shall com¬
pose the courts of quarter sessions and orphans' court in their respec¬
tive counties, any two of whom shall be a quorum ; and the register
of wills, together with the said judges, oran? two of them, shall com¬
pose the register's court in the respective counties.
Section VIII. The judges of the courts of common pleas shall have
the like powers with thejudges of the supreme court to issue writs of
certiorari to the justices of the peace within tiieseveral counties respec¬
tively, and to cause tiieir proceedings to be brought before them and
the like right and justice to be do;ie.
Section IX, The president of the court of each circuit shall be con¬
servator of the peace within such circuit ; and thejudges of the court
of common pleas shall be conservators of the peace within their respec¬
tive counties.
Section X. The governor shall appoint and commission a competent
number of justices of the peace in convenient districts in each county,
to be fixed in such manner as shall be, by law, directed. They shall
bo commissioned liiiringgood beliaviour; but may be removed on con¬
viction of misbehaviour in ollice or any inlamnus crime, or on the ad¬
dress of both houses of the legislature.
CONVENTION OF 1789-90.
17a
Section XI. 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.
Section XII. 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 respective¬
ly shall be officers.
Section XIII. The stile of all process shall be "The commonwealth of
Pennsylvania : all prosecutions shall be carried on in the name and by
the anthority of the commonwealth of Pennsylvania, and shall con¬
clude, against the peace and dignity of the same.
ARTICLE VI.
Section I. Sheriffs and coroners shall, at the places of the election
of representatives, be chosen by the citizens of each county respectively;
two persons shall be chosen (or each office, one of whom for each
shall be commissioned by the governor ; they shall hold their offices
for three years and until a successor be duly qualified. But no per¬
son shall be twice chosen or appointed sheriff in any term of six years.
Section II. The freemen of this commonwealth shall be armed and
disciplined for its defence ; the militia officers shall be appointed in
such manner, and for such time, as shall be, by law, directed.
ARTICLE VII.
That the great and essential principles of liberty and
free government may be recognized and unalterably estab¬
lished, WE DECLARE—
Section 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, poses-
sing and protecting property and reputation, and of pursuing their
own happiness.
Section II. That all power being originally vested in, is derived
from, the people, and all free governments originate from their will,
are founded on their authority, and instituted for their common peace,
safety and happiness ; and for the advancement thereof, 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.
Section III. That all men have a natural and indefeasible right to
worship Almighty God according to the dictates of their own con¬
sciences, and that no man can of right be compelled to attend any re¬
ligious worship, or to erect or support any place of worship, or to
maintain any ministry against his free will and consent ; and that no
human authority can controul or interfere with the rights of con¬
science in any case whatever; nor shall any preference ever be given,
by law, to any religious establishment or modes of worship.
Section IV. That no person who acknowledges the being of a God
anda future state of rewards and punishments, shall, on account of
Iiis religious sentiments, be disqualified to hold any office or place of
trust or pro^t under this commonwealth.
174
MÏNCTEB OP TIIË
Sccti,an V. Tliat elections shall be free and equal.
Section VI. That trial by jury shall be as heretofore, and the right
thereof shall remain inviolate.
Section VII. That the printing presses shall be free to every per¬
son who undertakes to examine the proceedings of the legislature or
any branch of government, and no law shall ever be made restraining
the l ight 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
ot that liberty. But upon indictments fur the publication of papers
investigating the conduct of individuals in their public capacity, or of
those applying or canvassing for office, the truth of the facts may be
given in evidmice in justification upon the general issue.
Section vMl. That the people shall be secure in their persons,
houses, papers and possessions, against unreasonable searches and sei¬
zures, and no warrant shall issue to search any place, or to seize any
person or things, but on probable cause, supported by oath or affirma¬
tion, and describing them as nearly as may be.
Section IX. That in all prosecutions by indictment the accused
hath a right to be heard by himself and his counsel; to demand the
cause and nature of the accusation; to meet the witnesses faceto face;
to have compulsory process for obtaining witnesses in his favor, and a
speedy public trial by an impartial jury of the vicinage; nor can he
be compelled to give evidence against himself; nor can any man be
deprived of his life, liberty or property but by the judgment of hii
peers or the law of the land-
Section X. That no person shall be proceeded against by informa¬
tion for any indictable offence, 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 ; nor shall any person, 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
on just compensation being made.
Section XI. That all courts shall be open, and every freeman for
an injury done him in his lands, goods, person or reputation, shall
have remedy by tiie due course of the law, and right and justice ad¬
ministered to him without sale, denial or delay.
Section XII. That no power of suspending laws, or the execution
thereof, shall be exercised, unless by the legislature or by the authori¬
ty thereof.
Section XIII. That excessive bail shall not be required, nor exces¬
sive fines imposed, or cruel punishments inflicted.
Section XiV. That all prisoners shall be bailable by sufficient sure¬
ties, unless for capital offences, when the proof is evident, or pre¬
sumption great, and the privilege of the writ of habeas corpus shall
rot be suspended unless when, in cases of rebellion or invasion, the
public safety may require it.
Section XV. That the person of a debtor, where there is not a
strong presumption of fraud, shall not be continued in prison after de¬
livering up all his estate for the beneflt of his creditors, in such man¬
ner as shall be prescribed by law.
Section XI1. That no e.vpost facto law, or law impairing contracts,
shall be made.
CONVENTION OF 1789-90.
175
Section XVtl. That nu person shall be attainted of treason or fel-
dny by the legislature.
Section XVIII. That no attainder shall work corruption of blood
or forfeiture of estate to the commonwealth; the estates of such per¬
sons as shall destroy their own lives shall go as in the case of natural
death. And if any person shall be killed by casualty or accident
there shall be no forfeiture by reason thereof.
Section XIX. That the citi/.ens have a right to asseniblc together
in a peaceable manner for their common good, and to apply to those
invested with the powers of government. Cor redress of grievances or
other proper purposes, by petition, address or remonstrance.
Section XX. That the right of the citizens to bear arms in defence
of themselves and the state shall not be questioned. But those who
conscientiously scruple to bear arms shall not be compellable to do so,
but shall pay an equivalent for personal service.
Section XXI. 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 kept in strict subordination to the
civil power.
Section XXn. 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.
Section XXIII. That the legislature shall, at no time, grant any
title of nobility or hereditary distinction, nor create any office the ap¬
pointment to which shall be for a longer term than during good be¬
haviour.
Section XXIV. That emigration from the state shall not be pro¬
hibited.
Section XXV. To guard against transgressions of the high powers
which we have delegated, VVÈ DECLARE, That every thing in this
article expressed, is excepted oat of the general powers of legislation,
and shall for ever remain inviolate.
Whereupon, On motion of Mr. Smith, seconded by Mr. Smilie,
Ordered, That to-morrow be assigned for taking into consideration
the said plan of government reported by the committee of the whole.
On motion of Mr. Miller, seconded by Mr. Henderson,
Ordered, That one hundred and fifty copies of the said plan of gov¬
ernment be printed for the use of the members.
A return of an election held within the county of Delaware, of a
member to represent the said county in this convention, in the room
of Henry Hale Graham, Esquire, deceased, was presented to the chair
and read, by which it appeared that Nathaniel Newlin, Esquire, was
duly elected.
Adjourned until half past nine o'clock to-morrow, A. M.
SATURDAY, Februarij 6th, 1790. A. M.
The convention met pursuant to adjournment.
A motion was made by Mr. Thomas Ross, seconded by Mr. Boyd;
as follows, viz.
No member shall speak more than twice to the same question on tlie:,
eame day, without leave of the convention,
176
MINUTES OU THE
' It was then tnoved by Mr. Smith, seconded by Mr. Power, to strike
out the word " twice," and in lieu thereof, to insert the words " once,
unless to explain."
VVliich was determined in tlie negative, and the motion of Mr.
Thomas Ross, seconded by Mr. Boyd, adopted.
Agreeably to the order of the day, the convention proceeded to take
into consideration the plan of government reported by the committee
of the whole.
The first section of the first article of the said plan of government
being under consideration, the same was adopted as follows, viz.
The legislative power of this commonwealth shall be vested in a
general assembly, which shall consist of a senate and house of repre¬
sentatives.
The second section of the said first article being under considera¬
tion, viz.
The representatives shall be chosen annually by the citizens of the
city of Philadelphia and of each county respectively, on the second
Tuesday of October.
A motion was made by Mr. Pickering, seconded by Mr. Gray, to
add the following words to the said section, viz. To serve for one
year from the day preceding the first Tuesday of December next fol¬
lowing their election.
On the question, Will the convention agree to the said amendment?
It was determined in the negative.
It was then moved by Mr. Sitgreaves, seconded by Mr. Arndt, to
strike out the word "second," and to insert in lieu thereof the word
first."
Which was determined in the negative, and the said second section^
as reported by the committee of the whole, adopted.
The third section of the said first article being under consideration,
the same was adopted as follows, viz.
No person shall be a representative who shall not have attained the
age ot twenty-one years, and have been, the three years next preceding
his election, a citizen and inhabitant of the state, and the last year
thereof an inhabitant of the city or county in which he shall be chosen.
The fourth section of the said first article being under considera¬
tion, viz.
The number ot representatives shall, at the several periods of ma¬
king the enumeration in this section mentioned, be fixed by the legis¬
lature, and apportioned between the city of Philadelphia and the sev¬
eral counties, according to the number of taxable inhabitants in each,
and shall never be less than sixty, nor more than one hundred; and
that it shall be increased at the lime of making each enumertion, ex¬
cept the first, in the same proportion which the increase of the num¬
ber of taxables shall bear to the then number of representatives, until
the same shall amount to one hundred. But each county shall have at
least one repiesentative ; provided that no new county shall be enti¬
tled to a separate representation, until a sufficient number of taxable
inhabitants shall be contained within the limits thereof to entitle them
to at least one representative, agreeably to the ratio which shall then
be established for the city ot Philadelphia and the several counties ;
an enumeration of the taxable inhabitants shall be made within three
years after the first meeting of the general assembly, and within eve¬
ry subsequent term of seven years in such manner as Shall be, by
CONTENTION OP 1789-9®.
law, directed. Until such enumeration shall be made, the city of
Philadelphia and the several counties shall be respectively entitled to
choose the same number of representatives as is now prescribed by
law.
A motion was made by Mr. Thomas Ross, seconded by Mr. Siegle,
to strike out the word " sixty," and in lieu thereof, to insert the words
"forty.five."
On the question, Will the convention agree to the same ? The yeas
and nays being culled by Mr. Miller, were as follow, viz.
YEAS.
Mr. Roberts
Lewis
M'Kean
Gray
Barclay
Stout
Mr. Baker
Robinson
Hare
Boyd
Hand
Atlee
Pedan
Dill
Whitehill
Power
Mr. Bull
T. Ross
Graft"
Breckbill
Miller
Mr. Siegle
Reed
Tyson
Sitgreaves
Arndt
Mr. Potts
Coates
Graydon
Sellers
Newlin
21
Mr. M'Lene
Matthews
Shoemaker
Gloninger
Brown
Pickering
Henderson
Gibson
Beale
S8
NAYS.
Mr. Hiester Mr. Snyder
Lower Findley
Lincoln Todd
Groscop Addison
Gehr Höge
Mawhorter Redick
Rhoads J. Ross
Powell Smilie
Piper Gallatin
Smith
So it was determined in the negative.
It was moved by Mr. Gallatin, seconded by Mr. Smilie, to insert,
after the words "shall amount to one hundred," the words "which
number shall then be continued forever." Which was determined in
the negative.
A motion was then made by Mr. Pickering, seconded by Mr. Mil¬
ler, to strike out the words " except the first, in the same proportion
which the increase of the number of taxables shall bear to the then
number of representatives, until the same shall amount to one hun¬
dred," and in lieu thereof to insert the following, viz. "After the first,
in such proportion to the increase of taxables that the next preceding
ratio of representation, increased by twenty-five taxables, shall be the
new ratio of representation, until the number of representatives shall
amount to one hundred."
Adjourned until half past nine o'clock on Monday next, A. M.
MOJ^DÂY, February 8, ITftO. A. M.
The convention met pursuant to adjournment.
The fourth section of the first article of the plan of government be¬
ing under consideration, together with the aqjiendinept proposed by^
Mr. Pickering, seconded Mr. Miller.
aâ "
i78
minutes of thb
Mr. Pickering then withdrew his motion.
The original section, as reported by the coramitee of the whole,
recurring,
It was moved by Mr. Pickering, seconded by Mr. Brown, to strike
out tiie words "and that it shall be increased at the time of making,
each enumeration, except the first, in the same proportion whjch tlie
increase of the numher of taxables shall bear to the then number of
representatives, until tiie same shall amount to one hundred."
Which was unanimously determined in the affirmative.
A motion was then made by Mr. Pickering, seconded by Mr. Hen¬
derson, to strike out the word "new," and insert after the word
"county," the words "hereafter erected "
Which was determined in the affirmative.
It was moved by Mr. Henderson, seconded by Mr. Todd, to strike,
out tlie word " seven," and in lieu thereof, to insert the word "five."
On the qitcstion. Will the convention agree to the same? The yeas
and nays being called by Mr. Smith, were as follow, viz.
YEAS.
Mr. Boyd Mr. Powell Mr. Höge Mr. M'Lene
Reed Pi[ier Redick Matthews
Dill Snyder J. Ross Hendersoa-
Whitehill Findley Smilie Gibson
Power Todd Gallatin Beale
Groscop Addison 22
NAYS.
Mr. Roberta Mr. Graff Mr. Lower Mr. Smith
I.ewis Atlee Lincoln Coates
M'Kean Breckbill Gehr Gloninger
Robinson Siegle Sitgreaves Graydon
. Barclay Tyson Mawhorter Brown
Stout Pedan Arndt Pickering
Bull Hiester Rhoads Sellers
Hand 29
So it was determined in the negative.
A motion was then made by Mr. James Ross, seconded by Mr:
Smith, to strike out the following words from the said section, viz.
" Until such enumeration shall be made, the city of Philadelphia and
the several counties shall be respectively entitled to choose the same
number of representatives as is now prescribed by law."
Which was determined in the affirmative, and the said fourth sec¬
tion adopted as follows, viz.
The number of representatives shall, at the several periods of ma¬
king the enumeration in this section mentioned, be fixed by the legis¬
lature and apportioned between the city of Philadelphia and the seve¬
ral counties according to the number of taxable inhabirants in each,
and shall never be less than sixty nor more than one hundred. But
each county shall iiave at least one representative; provided that no
cowuty hereatter erected, siiall be entitled to a separate representa¬
tion until a sufilcient number of taxable inhabitants shall be contained
within the iiinits thereof to entitle them to at least one représentative«
CONVENTION OF 1789-90.
179
agreeably to the ratio which shall then be established for the city of
I^iladelphia and the several counties; an enumeration of the taxable
inhabitants shall be made within three years after the first meeting of
the general assembly, and within every subsequent term of seven
years, in such manner as shall be, by law, directed.
The fifth section of the said first article being under consideration.
It was moved by Mr. M'Kean, seconded by Mr. Sellers, to ad¬
journ the debates on the said section.
Which was determined in the negative, and the said section there¬
upon adopted as follows, viz.
The senators shall be chosen for four years by the citizens of the
city of Philadelphia and of each county respectively, at the same
time, in the same manner, and at the same places where they shall
respectively vote for representatives.
The sixth section of the said first article being under consideraiion,
the same was adopted as follows, viz.
The number of senators shall, at the several periods of making the
enumeration mentioned in the fourth section, be fixed by the legisla¬
ture and apportioned between the districts, formed as hereinafter
mentioned, according to the number of taxable inhabitants in each,
and shall never be less than one-fourth, nor more than one-third ot
the number of representatives.
The seventh section of the said first article being under considera¬
tion, the same was adopted as follows, viz. ,
The senators shall be cilo^en in districts to be formed by the legis¬
lature, containing each, as nearly as may be, such a number of taxa¬
ble inhabitants as shall be entitled to elect one senator, but where that
cannot be done, then such number of adjoining counties shall be form¬
ed into one district as shall be entitled to elect not more than four
senators ; provided that neither the city of Philadelphia, nor any
county, shall be divided in forming a district.
The eighth section of the said first article being under consideration,
it was moved by Mr. Lewis, seconded by Mr. M'Kean, to strike out
the word "to." Which was determined in the negative.
A motion was then made by Mr. Pickering, seconded by Mr. Lew¬
is, to strike out the words " whereof shall have been," and to insert
after tiie word "election," the word "and," and in lieu of the words
moved to be struck out, the following: " thereof a resident."
Which was determined in tlie negative. Whereupon,
On motion of Mr. Gallatin, seconded by Mr. M'Kean, the said
eighth section was adopted as follows, viz.
No person shall be a senator who shall not have attained to the age
of twenty-five years; and who shall not have been a citizen and inhab¬
itant of the state four years next before his election, and the last year
thereof an inhabitant of the district fur which he shall he chosen.
A motion was made by Mr. M'Kean, seconded by Mr. Redick, to
insert the following as the ninth section of the said first article, viz.
No person shall be capable of being cliosen a senator who is not
seized, in fee simple, of five hundred acres of land within this com¬
monwealth, or possessed of real and personal estate to tiie value of
five hundred pounds. Which was determined in the negative.
The ninth section of the first article of the said plan of government
being under consideration, it was moved by Mr. Sitgreaves, seconded
bjr Mr,, Lewis, to amend the said section so aa to read as follows, via
MINUTES OF THE
Immediately after tlie senators shall be assembled in consequence
of the first election subsequent to the first enumeration hereinbefore
mentioned, they shall be divided, by lot, as equally as may be, into
four classes. The seats of the senators of the first class shall be va¬
cated at the expiration of the first year; of the second class, at the
expiration of the second year; of the third class, at the expiration of
the third year ; and of the fourth class, at the expiration of the fourth
year; so that one-fourth may be chosen every year.
Which was determined in the affirmative, and the said section, as
amended, adopted.
The tenth section of the said first article being under consideration,
it was moved by Mr. Pickering, seconded by Mr. Hare, to amend the
said section so as to read as follows, viz.
The general assembly shall meet on the first Tuesday of December
in every year, unless sooner convened by the governor.
Which was determined in the affirmative, and the said section, as
amended, adopted.
The eleventh section of the said first article being under conside¬
ration, the same was adopted as follows, viz.
Each house shall choose its speaker and other officers ; and the sen¬
ate shall also choose a speaker pro tempore, when the speaker shall
exercise the office of governor.
The twelfth section of the said first article being under considera¬
tion, the same was adopted.
A motion was then*" made by Mr. M'Lene, seconded by Mr.
M'Kean, to re-consider the said section, in order to amend the same
so as to read as follows :
Each house shall be the judge of the qualifications of its own mem»
bers; but in case of contested elections the same shall be judged of
and determined by a committee, to be selected from the house in such
manner as shall be, by law, directed : And a majority of each house
shall constitute a quorum to do business ; but a smaller number may
adjourn from day to day, and may be authorised to compel the atten¬
dance of absent members in such manner, and under sucn penalties as.
may, by law, be provided.
Which was carried in the affirmative, and the said section, as
amended, adopted.
The thirteenth section of the said first article being under conside¬
ration, it was moved by Mr. Smilie, seconded by Mr. Findley, to strike
out the words "punish and" in order that the section may read as follows:
Each house may determine the rules of its proceedings, and
may, with the concurrence of two-thirds, expel a member for disorder¬
ly behaviour, but not a second time for the same cause, and shall
have all other powers necessary for either branch of the legislature of
a free state.
On the question^ Will the convention agree to the said section as
amended?
The yeas and nays being called by Mr. Smilie, were as follow, \h,z.
YEAS.
Mr. Whitehill Mr. Piper
Power Findley
Lincoln Todd
Mawho^ter^ Addison
Powel
Mr. Höge Mr. M'Lene
Redick Matthewr
Smilie Gloninger
Gallatin Beale
CONVENTION OF 1789-90,
18!
NAYS.
Mr. Baker
Roberts
Lewis
M'Kean
Gray
Hare
Barclay
Stout
Bull
Boyd
Mr. Hand
Graff
Atlee
Breckbill
Miller
Siegle
Reed
Tyson
Pedan
Mr. Dill
Hiester
Lower
Groscop
Gehr
Sitgreaves
Arndt
Rhoads
Smith
Mr. J.Ross
Morris
Coates
Brown
Grayd^n
Pickering
Henderson
Gibson
Sellers
So it was determined in the negative.
And the thirteenth section adopted as follows, viz.
Each house may determine the rules of its proceedings, punish its
members for disorderly behaviour, and may, with the concurrence of
two-thirds, expel a member, but not a second time for the same causé,
and shall have all other powers necessary for either branch of the
legislature of a free state.
The fourteenth section of the said first article being under conside¬
ration, viz.
Each house shall keep a journal of its proceedings, and pub¬
lish them weekly, excepting such parts as may, in their judgment,
require secrecy : And the yeas and nays of the members of either
house, on any question, shall, at the desire of any two of them, be en¬
tered on the journals.
It was moved by Mr. Lewis, seconded by Mr. M'Kean, to strike
out the word " weekly," and in lieu thereof, to insert the words " at
the end of each session."
Which was determined in the negative.
A motion was then made by Mr. Hare, seconded by Mr. Sitgreaves,
to strike out the word "weekly," and in lieu thereof, to insert the
following, viz. " as frequently as may be."
Which was determined in the negative, and thereupon the original
section, as reported by the committee of the whole, adopted.
The fifteenth section of the said first article being under conside¬
ration, the same was adopted as follows, viz.
The doors of each house shall be open, unless when the business
shall be such .as, in their judgment, ought to be kept secret.
The sixteenth section of the said first article being under considera¬
tion, the same was adopted as follows, viz.
Neither house shall, without the consent of the other, adjourn
for more than three days, nor to any other place than that in which
the two houses shall be sitting.
The seventeenth section of the said first article being under consid¬
eration, the same was adopted as follows, viz.
The senators and representatives shall receive a compensation
for their services, to be ascertained by law, and paid out of the treas¬
ury of the commonwealth. They shall, in all cases except treason,
-felony and breach of the peace, be privileged from arrest, during their
attendance at the session of the respective houses, and in going toi
and returning from the same ; and for any speech or debate in either
house they shall not be questioned in any other place:
18â
MINUTES OF THE
The eighteenth section of the said first article being under conslds-
vation, viz.
No senator or representative shall, during the time for which he
was elected, be appointed to any civil office, under the authority of
this commonwealth, which shall have been created, or the emolu¬
ments of which shall have been increased during such time : And no
member of congress or other person holding any office, except in the
militia, under this commonwealth or the United States, shall be a
member of either house during his continuance in congress or in office.
A motion was made by Mr. Sitgreaves, seconded by Mr. Graydon,
to strike out the words " member of congress, or other," as well as
tlie words "in congress or "
Which was determined in the negative, and the said eighteenth
section, as reported by the cummitteee of the whole, adopted.
The nineteenth section of the said first article being under consid.
eration, the same was adopted as follows, viz.
When vacancies happen in either house, the speaker of that house
ahall issue writs of election to fill such vacancies.
The twentieth section of the said first article being under consider¬
ation, the same was adopted as follows, viz.
All bills for raising revenue shall originate in the house of repre¬
sentatives; but the senate may propose or concur with amendments,
as in other bills.
The twenty-first section of the said first article being under consid¬
eration, the same was adopted as follows, viz.
No money shall be drawn from the treasury, but in consequence
of appropriations made by law.
The twenty-second section of the said first article being under con-
«ideration, viz.
Every bill, which shall have passed the house of representatives
and the senate, shall, before it become a law, be presented to the
governor. If he approve, he shall sign it; but if he shall not approve
it,he shall return it, with his objections, totliat house in which it Shalt
have originated, who shall enter the objections at large upon their jour¬
nals, and proceed to re-consider it. If, after such re-consideration, two-
thirds of that house shall agree to pass the bill, it shall be sent, togeth¬
er with the objections, to the other house, by wliich it shall likewise
be re-considered, and if approved by two-thirds of that house, it shall
become a law. But in all such cases, the votes of both houses shall
be determined by yeas and nays, and the names of thé persons voting
for or against the bill shall be entered on the journals of each house
respectively. If any bill shall not be returned by the goverúor within
ten days (Sundays excepted) after it shall be presented to him, the
same shall be a law in like manner as if he had signed it, unless the
general assembly, by their adjournment, prevent its return, in which
case it shall be a law, unless sent back within three days after their
next meeting.
It was moved by Mr. Smith, seconded by Mr. Henderson, to strike
out the words "in which case it shall be a law, unless sent tack,"
and in lieu thereof to insert the following : " and in that case, if not
sent back by the governor, with his objections thereto," and to add,
after the words " next meeting," the words " of the legislatur^j it shall
be a law in like manner as if he had signed it,"
Which was determlaed iq the negative.
convention of 1789-90.
183
A motion was tlien niade by Mr. M'Lene, seconded by Mr. Brown,"
to strike out the words " enter the objections at large upon their
journals."
Wluch was determined in the negative, and the said twenty-second
section, as reported by the committee of the whole, adopted.
The twenty third section of the said first article being under con¬
sideration, the same was adopted as follows, viz.
Every order, resolution or vote, to which the concurrence of
the senate and house of representatives may be necessary (except on,
a question of adjournment) shall be presented to the governor, and be¬
fore the same shall take effect, be approved by him; or, being disap¬
proved by him, shall be re-passed by two-thirds of the senate and
house of representatives, according to the rules and limitations pre¬
scribed in case of a bill.
The first section of the second article of the said plan of govern¬
ment being under consideration, the same was adopted as follows, viz.
The supreme executive power of this commonwealth shall be vested
in a governor.
The second section of the said second article being under consid¬
eration, viz.
The governor shall be chosen on the second Tuesday of October,
by the citizens throughout the commonwealth, at the places where
they shall respectively vote for representatives. The returns of eve¬
ry election for governor shall be transmitted to the seat of government,
directed to the speaker of the senate, who shall open and publish the
same in the presence of both houses of the legislature. The person
having the highest number of votes shall be governor; but if it should so
happen that any two or more should be equal and highest in votes, the
general assembly shall choose one of them for governor, by the joint
vote of both houses. In case of contested elections, the same shall be
judged of and determined by a committee to be selected from both
houses of the legislature, in such manner as shall be, by law, directed.
During the trial of contested elections, jthe speaker of the senate
shall exercise the office of Governor.
It was moved by Mr. M'Kean, seconded by Mr. Smilie, to insert af¬
ter the words " in the presence of" and after the words " by the joint
vote of," respectively, the following: " the members of." Which was
determined in the affirmative.
A motion was then made by Mr. Lewis, seconded by Mr. M'Kean,
to amend the said section so as to read as follows, viz.
, The governor shall be chosen on the second Tuesday of October, by
the citizens throughout the commonwealth, at the places where they
shall respectively vote for representatives. The returns of every elec¬
tion for governor shall be transmitted to the seat of government, direct¬
ed to the speaker of the senate, who shall open and publish the same
in the presence of the members of both houses of the legislature. The
person having the highest number of votes shall be governor; but if two
or more shall be equal and highest in votes, one of them shall be cho¬
sen governor by the joint vote of the members of both houses. In case
of contested elections, the same shall be judged of and determined by a
committee to be selected from both houses of the legislature, in such
manner as shall be, by law, directed.
Which was determined in the affirmative, and the said section as
amended, adopted.
184 anNVTES OF THE
The third section of the said second article being under considéra'
tion, viz.
The governor shall hold his office during the term of three years
from the third Tuesday of December next ensuing his election, and
shall not be capable of holding his office longer than nine years in any
term of twelve years.
It was moved by Mr. Findlay, seconded by Mr. Smilie, to strike out
the words "nine" and" twelve," and to insert, in lieu of the former«
the word " six," and in lieu of the latter, the word " nine."
On the question. Will the convention ^ree to the same?
The yeas and nays being called by Mr Power, were as follow, viz/
YEAS.
Robinson, Mr. Hiester Mr. Piper Mr. Smilie
Hare Lower Findley Gallatin
Stout Lincoln Todd M'Lene
Boyd Groscop Addison Matthews
Reed Gehr Höge Henderson
Whitehill Mawhorter Redick Beale
Power Powell 26
NAYS.
Mr. Baker Mr. Graff Mr. Sitgreaves Mr, Coates
Roberts Atlee Arndt Gloninger
Lewis Breckbill Rhoads Brown
M'Kean Miller Smith Gráydon
Gray Siegle Snyder Pickering
Barclay Tyson J. Ross Gibson
Bull Pedan Morris Sellers 30
Hand Dill
So it was determined in the negative,-
Whereupon, on the question, will the convention agree to the said
third section as reported by the committee of the whole?
The yeas and nays being called by Mr. Sitgreaves on the last claus^
were as follow, viz.
YEAS.
Mr. Roberts
Robinson
Hare
Barclay
Stout
Bull
Boyd
Hand
Graff
Breckbill
teller
Siegle
Mr. Reed
Tyson
Pedan
Dill
Whitehill
Power
Hiester
Lower
Lincoln
Groscop
Gehr
Mr. Rhoads
Powell
Piper
Smith
Snyder
Findley
Todd
Addison
Hoee
Remck
J. Ross
Mr. Smilie
Gallatin
M'Lene
Matthews
Morris
Coates
Gloningen
Brown
Henderson
Gibson
Beale 411
CONVENTIOÍN OF 1789-90.
185
NAYS.
Mr. Baker Mr. Gray Mr. Mawhorter Mr. Pickering .
Lewis Atlea Arndt Sellers '
., M'Kean . Sitgreaves Graydon 11
So it was determined in the affirmative, and the said section adopt¬
ed.
The fourth section of the said second article being under considera¬
tion, a motion was made by Mr. Sitgreaves, seconded by Mr. James
Ross, to amend the saiil section by striking out the word " thereby,"
and to add, after the words " be disqualified," the words " by reason
of such absence."
It was then moved by Mr. Lewis, seconded by Mr. Whitehill, to
amend the said section so as to read as follows, viz.
He must be, at least, thirty years of age; and must have been a citi¬
zen and inhabitant of this state seven years next before his election;
but no person who shall have been absent from this state on the public
business thereof, or of the United States, shall on account of such ab¬
sence, be disqualified.
Which was determined in the affirmative, and the said section
adopted.
The fifth section of the said second article being under considera¬
tion, viz.
No person shall be capable of exercising the office of governor, who
at the same time, shall be amemberof congress or hold any other office
under this state, or any office under the United States.
It was moved by Mr. Robinson, seconded by Mr. Sitgreaves, to
strike out the words "be a member of congress or," as well as the
words "under this state, or any office under the United States."
Which was determined in the negative, and the original section, as
reported by the committee of the whole, adopted.
The sixth section of the said second article being under considera¬
tion, the same was adopted as follows, viz.
The governor shall, at stated times, receive for his services a com¬
pensation, which shall neither be increased nor diminished during the
period for which he shall have been elected.
The seventh section of the said second article being under conside¬
ration, the same was adopted as follows, viz.
He shall be commander in chief of the army and navy of this com¬
monwealth, and of the militia, except when they shall be called into
the actual service of the United States.
The eighth section of the said second article being under considera^
tion, on motion.
Adjourned until half past nine o'clock to-morrow, A. M.
TUESDAY. February 9, 1790, w2. M.
The convention met pursuant to adjournment.
The committee appointed on the 28d of January last, to prepare a
schedule for putting the government into operation, made report,
which was read as follows:
24
180
MINUTES OP THE
That no inconvenience may arise from the altcratiojis and amendments
in the constitution of this commonwealth, and iñ,orJer'Jo carry the
same into complete operation, it is hereby declared and ordained,
1. That all laws of this commonwealth, in force at the time of ma¬
king the sai'l alterations and amendments in the said constitution, and
not inconsistent therewith, and all rights, actions, prosecutions, claims
and contracts, as well of individuals as of bodies corporate, shall con¬
tinue as if the said alterations and amendments had not been made.
2. That all officers in the appointment of the executive depart¬
ment, shall continue in the exercise of the duties of their respective
offices until the day of unless their com¬
missions shall sooner expire by their own limitations, or the said offices
become vacant by death or resignation, and no longer, unless re-ap¬
pointed and commissioned by the governor. Except that the judges of
the supreme court shall hold their offices for the terms in their com¬
missions respectively expressed.
3. That justice shall be administered in the several counties of the
state, until the period aforesaid, by the same justices, in the same
courts, and in the same manner as heretofore.
4. That thepresidentvand supreme executive council shall continue
to exercise the executive authority of this commonwealth as heretofore,
until the third Tuesday of December next; but no intermediate vacan¬
cies in the council shall be supplied by new elections.
5. That until the first enumeration shall be made, as directed in the
fourth section of the first article of the constitution established by this
convention, the city of Philadelphia and the several counties shall be
respectively entitled to elect the same number of representatives as is
now prescribed by law,
6. That the first senate shall consist of seventeen members, to be
chosen in di.ítricts formed as follows, to wit: The city of Philadelphia,
the county of Philadelphia, and the county of Delaware, shall be a dis¬
trict, and shall elect three senators; the county of Chester shall be a
district, and shall elect one senator; the county of Bucks shall be a dis¬
trict, 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 district, and shall elect two senators;
the counties of Cumberland and Huntingdon shall be a district, and
shall elect one senator; the counties of Northumberland, Luzerne and
Miffiin shall be a district, and shall elect one senator; the counties of
Bedford and Franklin shall be a district, and shall elect one senator;
the counties of Westmoreland, Fayette and Allegheny shall be a dis¬
trict, and shall elect one senator; and the county of Washington shall
be a district, and shall elect one senator; which senators shall serve
until the first enumeration before mentioned shall have been made,
and the representation in both branches of the legislature sTiall be es¬
tablished by law, and chosen as in the constitution is directed. Any
vacancies which shall happen in the senate within the said time, shall
be supplied as prescribed in the nineteenth section of the first article.
7. That the elections of senators shall be conducted, and the returns
thereof made to the senate, in the same manner as is prescribed by
CONVENTION OF 1789-90.
187
the election jaws of the state for conducting and making return of the
elections of representatives. In those districts which consist of more
than one countv, the judges of the district elections within each coun¬
ty, after Tiaving formed a return of the whole election within that coun.-.
ty, in such manner as is directed by law, shall send the same, by one
or more of their number, to such place, hereinafter mentioned, within
the district of which such county is a part; where the judges, so met,
«hail compare and cast up the several county returns, and execute,
under their iisads and seals, one general and true return for the whole
district, th tt is to say, the judges of the district composed of the city
of Piiiladeiphia and of the counties of Philadelphia and Delaware, shall
meet at the state house in the city of Philadelphia; the judges of the
distfict'coraposed of tlie counties of Lancaster and York, shall meet at
the judges of the district composed of the
counties of Berks and Dauphin, shall meet at
the judges of the district composed of the counties of Cumberland
and Huntingdon, shall meet at the judges
of the district composed of the counties of Northumberland, Luzerne
and Mifflin, shall meet at the judges of the
Tlistiict composed of the counties of Bedford and Franklin, shall meet
at and the judges of the district composed
of the counties of Westmoreland, Fayette and Allegheny, shall meet
at on the. third.Tuesday of October respec¬
tively. for the purpose aforesaid.
8. That tlie election of the goverpor shall be conducted in the seve¬
ral counties in the manner prescribed by the laws of the state for tlie
elections of representatives, and the returns in each county shall be
sealed up by the judges of the elections, and transmitted to the speak¬
er of the senate as soon after the election as may be.
, The eighth section of the said secon^ article recurring, viz.
He shall appoint all officers of this commonwealth, whose offices are
established by this constitution or shall be established by law, and whose
appointments are not herein otherwise provided for; but no person shall
be appointed to an office within any county who shall not have resi¬
ded tlierein one year next before his appointment: No member of con¬
gress from this state, nor any person holding or exercising any office
of trust or profit under the United States, shall, at the same time, hold
and exercise any office whatever, otherwise tlian in the militia, in this
state.
It was moved by Mr. Ogden, seconded by Mr. Brown, to strike out
the word " resided," and, in lieu thereof to insert the following, "been
a citizen and inhabitant" Which was determined in the affirmative.
A motion was made by Mr. Lewis, secpnded by Mr. Hand, to strike
ont the words " of this commonwealth.'* Which was carried in the
affirmative.
It was then moved by Mr. Lewis, seconded by Mr. Sitgreaves, to
insert after the word " appointment," the following, viz. "If the coun¬
ty shall have been so long erected^ but if it shall not have been so long
erected, then within theiimits of the county from which it shall have
been taken."
A motion was made by Mr. M'Lene, seconded by Mr. Lower, to
strike out from the said amendment, the words " from which it shall
have been taken," and to insert, after the words ^ of the county," the
words " BO divided."
188
MINUTES OF THE
f It was moved bj Mr. James Ross, seconded by Mr. M'Lene, to
strike out the remainder of the section after the words " hold and ex¬
ercise," viz. " the office of sheriff, or any office in the gift of the go¬
vernor other than in the militia or commission of the peace."
A motion was then made by Mr. Robinson,seconded by Mr. Galla¬
tin, to insert in the last amendment before the word " governor," the
words " legislature or." Which was determined in the affirmative.
It was moved by Mr. Hand, seconded by Mr. Sitgreaves, to strike
out from the amendment, moved by Mr James Ross, the words " the
office of sheriff or." Which was determined in the negafive.
A motion was made by Mr. M'Kean, seconded by Mr. Lewis, to
add, after the word " peace," the words " notary public and sworn in¬
terpreter of languages." Which was determined in the affirmative.
It was moved by Mr. Ogden, seconded by Mr. Sfout, to add the fol¬
lowing words to the said amendment, viz, " Judges of the common
pleas." Which was determined in the negative.
A motion was then made by Mr. Lewis, seconded by Mr. Sitgreaves,
to insert after the words " interpreter of languages," the words " and
wood rangers." Which was determined in the negative. ^
It was then moved by Mr. Pickering, seconded by Mr. M il I er, to ad¬
journ the di bates on the said eighth section and amendments.
On the question. Will the convention agrée to the same? The house
being equally divided the president gave his casting vote in the affir¬
mative.
The ninth section of the said second article being under considera-
tlon, viz.
Tlie governor shall commission all the officers of this' common-
wealth.
On the question. Will the convention adopt the same?' It was'de¬
termined in the negative.
The tenth section of the said second article being under considera¬
tion, viz.
He shall have power te remit fines, and grant reprieves and pardons
for crimes and offences, except in cases of impeachment.
It was moved by Mr Lewis, seconded by Mr. Thomas Ross, to insert
after the word •• fines," the words " and forfeitures."
Whereupon, on motion.
Adjourned until half past nine o'clock to-morrow, A. M.
lfEl)J^E!SDâ¥, February 10. 1790. Jl. M.
\
The convention met pursuant to adjournment.
The tenth section of the said second article of the proposed plan of
government, together with the amendment moved yesterday by Mr.
Lewis, seconded by Mr. Thomas Ross, recurring, the same section,
with the amendment, was adopted as follows, viz.
He shall have power to remit finesand forfeitures, and grant reprieves
and pardons for crimes and ofiences, except in cases of impeacnment.
The convention then resumed the consideration of the bth section,
postponed yesterday, as well as the several amendments.
A motion was made by Mr. Lewis, seconded by Mr. Edwards, to
substitute tiie following in lieu of the amendment proposed by liim and
seconded by Mr. Sitgreaves, viz.
eONVENTlON OF 1789r-90.
189
If it shall have been so long erected, but if that shall not be the casé,
then within the limits of the originabcounty or counties out of which it
shall have been taken^
Which'was determined in the affirmative.
Whereupon, on the question, Will the convention agree to the fol¬
lowing part of the said eighth section ? viz. •
He shall appoint all officers whose offices are established by this con¬
stitution, or shall be established by law, and whose appointments are
not herein otl".erwise provided for, but no person shall be appointed to
an office v/ithin any county who shall not have been a citizen and in¬
habitant therein one year next before his appointment, if it shall have
been so long erected, but if that shall not be the case, then within the
limits of the original county or counties out of which it shall have
been taken.
The yeas and nays being called by Mr. Sitgreaves, were as follow,
viz.
YEAS.
Mr. Baker Mr. Siegle Mr. Powell Mr. Matthews
Roberts Tyson Smith Morris
Lewis Whitehill Snyder Coates
Gray Power Findley Shoemaker
Edwards Hiester Todd Gloninger
Gibbons Lower Addison Brown
Bull Lincoln Höge Graydon
T. Ross Groscop Redick Pickering-"
Boyd Gehr J. Ross Gibson
Hand Sitgreaves Smilie Beale
Graff Arndt Gallatin Sellers
Breckbill Rhoads M'Lene Newlin
Miller 49
NAYS.
Mr. M'Kean Mr. Barclay Mr. Reed Mr. Mawhorter
Robinson Stout Pedan Piper
Ogden Atlee Dill Henderson
Jenks 2^
So it was determined in the affirmative.
A motion was made by Mr. Robinson, seconded by Mr. James Ross,
to amend the motion made yesterday by Mr. James Ross, seconded by
Mr. M'Lene,by adding after the word "governor," the words " nor
shall hold and exercise any office in the department of the treasury, or
any office relating to the revenue.
It was then moved by Mr. Pickering, seconded by Mr. M'Kean, to
postpone the said amendments in order to introduce the following' in
lieu thereof: ' -
No person holding an office or place of trust under thé United States
shall, at the same timé, be a judge of the supreme court or other court
of general jurisdiction, or president of any court of common pleas, or
hold any otiier office under this state which any future legislature shall.
190
MINUTES OF THE
by law, declare to be incompatible or jmproper to be held and «xerct-
aed therewith.
On the question. Will the convention agree to the postponement for
the aforesaid purpose?
The yeas and nays being called by Mr. Lewis, were as follow, viz.
YEAS.
Mr. Baker
Roberts
Lewis
M^Kean
Gray
Mr. Ofden
Stout
Gibbons
T. Ross
Graff
Mr. Atlee
Miller
Siegle
Sitgrcaves
Arndt
Mr. Graydon
Pickering
Hendec^son
Sellers
Newlin 20
NAYS.
Mr. Robinson
Mr. Pedan
Mr. Powell
Hare
Dill
Piper
Edwards
Whi'tehill
Smith
Jcnks
Power
Snyder
Barclay
Hiester
Findiey
Bull
Lower
I'odd
Boyd
Lincoln
Addison
Hand
Groscop
Höge
Breckbill
Gehr
Redick
Reed
Mnwhorter
J. Ross
Tvson
Rhoads
Smilie
Mr. Gallatin
M'Lene
Matthews
Morris
Coates
Shoemaker
Gloninger
Brown
Gibson
Beale
43
So it was determined in the negative, and the amendment moved
by Mr. Robinson, seconded by Mr. James Ross, recurring.
On the question, Will the convention agree to the same? It was de¬
termined ill the negative.
The motion made yesterday by Mr. James Ross, seconded by Mr.
M'Lene, again recurring, the same was adopted.
And in debating the following part ef the said eighth section as
amended, viz.
No member of congress from this state, nor any person holding or
exercising any office of trust or profft under tb« United States shall,
at the same time, hold and exercise the office of sheriff, or any office in
the gift of the governor, other than in the militia, or commission of the
peace, notary public and sworn interpreter of languages in this state.
A motion was made by Mr. Sitgrcaves, seconded by Mr. Ogden, to
strike out the words " member of congress from this state nor any."
On the question, Will the convention" agree to strike out the said
words?
The yeas and nays being called by Mr. Sitgrcaves, were as follow,
viz.
YEAS.
Mr. Baker
Lewis
M'Kean
Gray
Hare
Mr. Ogden Mr. Miller Mr. Giaydon
Stout Sitgrcaves Pickering
Gibbons Arndt Henderson
Graff Smith Sellers
Atice - Shoemaker 19
CONVENTION OP 17B9--90.
191
NAYS.
Mr. Roberts
Robitvson
Edwards
Jenks
Barclay
Bull
■ Boyd
Hand
Breckbill
Siegle
Reed
Mr. Tyson
Pedan
Dili
Whitehill
Power
Diester
Lower
Lincoln
Groscop
Gehr
Mawhorter
Mr. Rhoads
Powell
Piper
Snyder
Fiiidley
Todd
Addison
Hoçe
Redick
J. Ross
Mr. Smilie
Gallatin
M'Lene
Matthews
Morris
Coates
Gloninger
Brown
Gibson
Beale
42
So it was determined in the negative.
Whereupon, on the question, Will the convention agree to the latter
part of the said section?
The yeas and nays being called by Mr. Lewis, were as follow, viz,'
YEAS.
Mr. Robinson
Mr. Whitehill
Mr. Piper
Mr. M'Lene
Hare
Power
Snyder
M atthcws
Edwards
Hiester
Findley
Todd
Morris
Jenks
Lower
Coates
Barclay
Lincoln
Addison
Gloninger
Boydl
Groscop
Höge
Brown
Breckbill
Gehr
Redick
Gibson
Reed
Mawhorter
J. Ross
Bealc
Pedan
Rhoads
Smilie .
Newlin
Hill .
Powell
Gallatin
39
NAYS.
Mr. Baker Mr. Stout Mr. Atlee Mr. Smith
Roberts Gibbons Miller Shoemakcr
Lewis Bull Siegle Giaydon
M'Eean T. Ross Tyson Pickering
Gray Hand fiitgreaves Henderson
Ogden Graff Arndt Sellers 24
So it was determined in the affirmative, and the said eighth section
adopted as follows, viz.
He shall appoint all officers whose offices are established by this con*
stitutiou or shall be established by law, and whose appointments are
not herein otherwise provided fur, but no person shall be appointed to
an office within any county, who shall not have been a citizen and in¬
habitant therein one year next before his appointment, if it. shall have
been so long erected, but if that shall not be the case, tiien within the
limits of the original county or counties out of which it shall have been
taken. No member of congress from this state, nor any person liold-
ing or exercising any office of trust or profit under the United States,
shall at the same time, hold and exercise the office of sheriff, or any
office in the gift of the legislature or of the governor, other than in the
militia, or commission of the peace, notaries public and sworn inter¬
preter of languages in this »täte.
MINUTES OF THE
A motion was made by Mr Thomas Ross, seconded by Mr. Smilie,
to re-ciinsider the ninth section of the said second article, viz.
The governor shall commission all the officers of this commonwealth.
Which was determined in the affirmative.
It was moved by Mr. Ogden, seconded by Mr. Stout, to strike out
the remainder of the said section, after the word " commission," and
in lieu thereof, to insert "such officers of this commonwealth as he shall
ap|>oint under this constitution, or who shall be appointed by the laws
of this state." V\ hich was determined in the negative.
A motion was made by Mr. Sitgreaves, seconded by Mr. Tyson,to
strike out the word " all." Which was determined in the negative.
A motion was then made by Mr. Smith, seconded by Mr. Addison,
to amend the said ninth section so as to read as follows, viz.
All commissions shall be in the name and by the authority of the
commonwealth of Pennsylvania, sealed with the state seal and signed
by the governor. Which was carried in the affirmative.
It was moved by Mr. Pickering, seconded by Mr. Roberts, to insert
the following as the eleventh section of the said second article, viz.
Every candidate applying for an office in the appointment of the go¬
vernor, or of the legislature, or of either branch thereof, shall make his
application only in writing; every application otherwise made, either
by the candidate himself or any person for him, at his request, shall
disqualify such candidate for the office requested.
Which was determined in the negative.
The eleventh section of the said second article being then under con¬
sideration, the same was, on motion of Mr. Sitgreaves, seconded by
Mr. M'Lene, adopted as follows, viz.
He may require information, in writing, from the officers in the exec¬
utive department upon any subject relating to the duties of their re¬
spective offices. Í,
The twelfth section of the said second article being under conside¬
ration, the same was adopted as follows, viz. *-
He shall from time to time, give to the general assembly information
of the state of the commonwealth, and recommend to their considera¬
tion, such measures as he shall judge necessary or expedient.
The thirteenth section of the said second article beings under con¬
sideration, the same was adopted as follows, viz.
He may, on extraordinary occasions, convene the general assembly,
and incase of disagreement between the two houses with respect to the
time of adjournment, he may adjourn them to such time as he shall
think proper, not exceeding four months.
The fourteenth section of the said second article being under con-
sideralion, the same was adopted as follows, viz.
He shall take care that the laws be faithfully executed.
The fifteenth section of the said second article being under consid¬
eration, the same was adopted as follows, viz.
In case of the death or resignation of the governor, or of his re¬
moval from office, it shall devolve on the speaker of the senate until
the next annual election of representatives, when another governor
shall be chosen in the manner hereinbefore mentioned, and until such
newly elected governor shall be duly qualified and commence the ex-
ercisje of his office.
On motion, ordered that Mr. James Ross have leave of absence.
Adjourned until half past nine o'clock to-morrow, A. M.
CONVENTION OF 1789-90.
193
THURSDAY, February ilth, 1790. A. M.
> ■ '
The convention met pursuant to adjournment. ,
The sixteenth section of the second article of the proposed plan of
government being tinder consideration.
It was moved by Mr. Pickerinsr, seconded by Mr. M'Lene, to
amend the same so as to read as follows, viz.
The state treasurer shall be appointed annually, by the joint vote of
the members of both houses. All other officers iii the treasury de-
fiartment, election officers, officers relatif to taxes, to the poor and
lighways, constables and other township officers, shall be àpp'ointed in
such manner as is or shall be directed by law.
On the question, Will the convention agree to the section as amend*
cdr It was determined in the affirmative.
The seventeenth section being under consideration, viz.
A secretary shall be appointed and commissioned by the governor.
He shall be keeper of the seals of the state, and shall, under thé direc¬
tion of a committee of both branches of the legislature, affix the seal to
the laws when the same shall be enacted. He shall countersign all
commissions, charters of pardon, and patents for land, signed by the
governor, as well as marriage, tavern and other licenses. He shall
have the custody of all public acts, official documents and state papers,
which shall be addressed or>belong to the executive department, to be
laid before the governor or either house when called for He shall at¬
tend the governor or either house when required, and shall perform
all such other duties as shall be enjoined him by future acts of the le¬
gislature.
It was moved by Mr. Sitgreaves, seconded by Mr. Mawhorter, to in¬
sert after the word " appointed," the words " by the joint vote of the
members of both houses of the legislature."
It was then movedby Mr. Lewis, seconded by Mr. Addison, to post*
pone the amendment offered, in order to introduce the following after
the word "appointment," viz. " Who shall hold his commission du¬
ring the governor's continuance in office, if he shall so long behave
himself well." Which was determined in the affirmative.
It was then moved by Mr- Ogden, seconded by Mr. Hand, to post¬
pone the amendment moved by Mr. Lewis, seconded by Mr. Addison,
together with the seventeenth section, in order to introduce the follow-
ing:
The governor shall keep fair and exact recordsof all his proceedings
in the executive department, and shall lay the same before either
house of the legislature when required, and shall deliver the same to
his successor in office, complete.
And on the.question. Will the house agree to postpone for the afore*
said purpose?.
The yeas and nays being called by Mr. Gallatin, were as follow, viz.
YEAS.
Mr. Pgden
. Jenks
Barclay
Stout
Gibbons
Mr. Royd
Hand
Graff
Breckbill
lieed
Mr. Mawhorter Mr. Snyder
Arndt
Rlioads
Smith
35
Höge
Shoemaker
Henderson
Id'
MINUTES OF THE
NAYS.
Mr. Baker
Roberts
Lewis
M'Kean
Gray
Robinson
Hare
Edwards
Bull
T. Ross
Atlee
Mr. Siegle
Tyson
"Vedan
Dill
Whitehill
power
liiester
Lower
Lincoln
Groscop
Mr. Gehr
Sitgreaves
Powell
Piper
Findlej
Todd
Addison
Redick
Smiiie
Gallatin
Mr. M'Lene
Matthews
Coates
Brown
Graydon
Pickering
Gibson
Beale
Sellers
Newlin
41
So it was determined in the negative. t
A motion was then mode by Mr. bitgreaves, seconded by Mr. Low¬
er, to amend the amendment offered by Mr. Lewis, by inserting after
the word "appointed," the words " who shall hold his commission
during good behaviour." Which was determined in the negative.
The original section, as ñrst amended, then recurring, on the ques¬
tion, Will the house agree to the first clause thereof? viz.
A secretary shall be appointed, who shall hold his commission^du-
ring the governor's continuance in office, if he shall so long behave
himself well.
The yeas and nays were called by Mr. Lewis, and were as follow :
YEAS.
Mr, Baker
Roberts
Lewis
M'Kean
Gray
Edwards
Stout
Bull
T. Ross
Atlee
Mr. Robinson
Hare
Ogden
Jenks
Barclay
Gibbons
Mr. Siegle
rii
Tyson
Pedan
Dill
Whitehill
Power ■
Hies ter
Lower
Lincoln
Groscop
Mr. Gehr
Powel
Piper
Findley
Todd
Addison'
Redick
Smiiie
Gallatin
Mr. M'Lene
Matthews
Coates
Brown
G ra; don
Pickering
Beale
Sellers
Newlin
NAYS.
Mr. Boyd
Hand
Graff
Breckbill
Miller
Reed
Mr. Sitgreaves
Mawhorter
Arndt
Rhoads
Snyder
Höge
Sg
Mr. Morris
Shoemaker
Gloninger
Henderson
Gibson
fiS
So it was determined in the affirmative.
It was then moved by Mr. Lewis, seconded by Mf- Addison, to a-
mend the second clause of the aforesaid section, by inserting, after tire
worda " behave himself well," the following:
He shall be keeper of the great and lesser seals of the state, and
shall affix the same as occasion may require. He shall keep a fair w-
CONVENTION OF 1789-90.
195
gísterof all the official acts and proceedings of the executive depart¬
ment, and shall when required, lay the same and all papers, minutes
and 'vouchers relative thereto, before either branch of the legislature,
and shall perform all such other duties as shall be enjoined him by law.
On the (|uestiun. Will the House agree to the first part of the said
amendment?
Ha shall be keeper of the great and lesser seals of the state, and
shall affix the same as occasion may require. It was determined in the
negative.
And the remainder of the said amendment being adopted, on the
question. Will the convention agree to the clause as amended, viz.
A secretary shall be appointed who shall hold his commission during
the governor's continuance in office, if he shall so long behave himself
well: He shall keep a fair register of all the official acts and proceed¬
ings of the executive department, and shall, when required, lay the
same and all papers, minutes and vouchers relative thereto, before eith¬
er branch of the legislature, and shall perform all such other duties as
shall be enjoined him by law. ;
The yeas and nays being called by Mr. Ogden, were as follow, viz.
YEAS.
Mr. Baker Mr. Miller Mr. Groscop Mr. Gallatin
Roberts Siegle Gehr M'Lene
Lewis Tyson Powell Matthews
M'Kean Pedan Piper Coates
Gray Dill Findley Brown
Edwards hitehill Todd Graydon
Bull Power Addison Pickering
T. Ross lliester Redick Beale
Atlee Lower Smilie Sellers 36
NAYS.
Mr. Robinson Mr. Gibbons Mr. Sitgreaves Mr. Morris
Hare Boyd Mawhorter Shoemaker
Ogden Hand Rhoads Gloninger
Jenks Graff Snyder Henderson
Barclay Breckbill Höge Gibson
Stout Reed 22
So it was determined in the affirmative.
A motion was made by Mr. M'Kean, seconded by Mr. Höge, to add
the following section to the said second article:
The governor and every person appointed or commissioned to any
executive, judicial, military, or other office under the government,
shall, before he enters on the discharge of the business of his place or
office take and subscribe the following oaths or affirmations, viz.
1 do swear, that I will be faithful and bear true allegiance to the
commonwealth of Pennsylvania, as a free and independent state; and
that I will not, at any time, willfully and knowingly do any matter or
thing prejudicial or injurious to the' freedom and independence there¬
of. so help me God.
I, A. B. do solemnly swear, that I will faithfully and impartially
discharge and perform all the duties incumbent on me as
19.6
MINUTES OF THE
according to tlic best of mj abilities and itaderslanding, agreeably to
the rules and regulations of the constitution and the laws of this com¬
monwealth. So help me God.
And if the persons aforesaid are not christians, the oaths shall'be ad¬
ministered in the manner most usual and solemn among those of their
religious persuasion. Any person who shall publicly declare, that he
is conscientiously scrupulous of taking an oatli in any case, shall take
and subscribe his affirmation in the foregoing form, omitting the words
swear and so help ine Godj and those who are now, by law, indulged
to take an oath in any other form, may take the oaths aforesaid, in the
words commonly used.
Adjourned until half past nine o''clock to-moriow, A M.
FRIDAY, February 12, :\790, A. M.
The convention met pursuant to adjournment.
The motion made yesterday by Mr. M'Kean, being withdrawn, it
was moved by Mr. Lewis, seconded by Mr. Sitgreaves, to re-consider
the fifteenth section of the second article, viz.
In case of the death or resignation of the governor, or of his removal
from office, it shall devolve on the speaker of the senate until the next
annual election of representatives, when another governor shall be
chosen in the manner hereinbefore mentioned..
A.nd to amend the same by inserting after the words " removal frortl
office," the words " the speaker of the,senate shalhexercise the office
of governor until thi office shall be filled agreeably to this constitution.
Mr. Sitgreaves withdrew his seconding the motion made by Mr.
Lewis, and Mr. Addison, in place thereof, seconded the motion.
On the question, Will the convention agree to re-consider the fif¬
teenth section of the second article?
It was determined in the affirmative.
It was thereupon moved by Nlr. Smith, seconded by Mr. M'Lene, to
adjourn the debates on the motion ot Mr. Lewis and Mr. Addison, in
order to introduce the following, viz.
The speaker of the senate shall exercise the office of governor until
a new governor, who shall in such case, be chosen at the next annual
election, shall be duly qualified and commence the exercise of his office;
and if the trial of a contested election shall continue longer than the
third Tuesday in December, next ensuing the election of a governor,
the speaker of the senate shall in like manner exercise the office until
the determination of such contested election. VV'hich was carried in
the affirmative.
A motion was then made by Mr. Pickering, seconded by Mr. Lewis,
to postpone the motion of Mr. Smith, and to insert, in lieu, of the fil-
teenth section, the following ;
During a vacancy in the office of governor the powers th^ eof shall
be exercised by the speaker of the senate.
It was then moved by Mr. Hare, seconded by Mr. Höge, to amend
the said motion by adding the following words, viz.
)3ut at such times he shall notbé eligible to fill such office. ,
Which was determined m the óegaiive.
The motion made by Mr. Pickering then recurring, on the question,
\Tiil the convention agree to the same? It was determined in the ne¬
gative.
CONVENTION OF 1789--90.
It was moved by Mr. Sitgreaves, seconded by Mr. Ogden, to amend
the amendment oftered by Mr. Smith, by inserting after the wocda
•' election of governor," the following:
The governor of the last ;^etir, or the speaker of the senate, which
ever may be in the exercise ot the executive authority, shall continue
therein until the determination of such contested election, and until a
governor shall be qualified as aforesaid.
A motion was then made by Mx. Edwards, seconded by Mr. Picker¬
ing, to adjourn the debates on the amendment as well as on the fif¬
teenth section. Which Avas determined in the negative.
The amendment moved by Mr. Sitgreaves, seconded by Mr. Ogden,
then recurring. ' ''
On the question. Will the convention agree to the same r
The yeas and nays being called by Mr. Ogden, were as follow, viz
^ YEAS.
Mr. Baker Mr. Reed Mr. Mawhorter Mr, Redick
Ogden Pedan Arndt Smilie
Jenks Dill Rhoads Gallatin
Barclay Whitehill Powell M'Lene,
Stout Power" Piper Matthews
Gibbons Lincoln Snyder Shoemaker
Bull Groscop Findley Gloninger
T. Ross Gehl- Todd Brown
Boyd Sitgreaves Höge Beàle 36
■NAYS.
Mr. Roberts Mr. Hand Mr. Tyson Mr. Graydon
Lewis Graflf Hiester Pickering
M'Kean Atlee Lower Henderson
Gray Hubley Smith Gibson
Robinson Breckbill Addison Sellers
Hare Miller Morris Newlin
Edwards Siegle Coates 27
So it was determined in the affirmative.
The amendment of Mr. Smith and Mr. M'Lenc, as amended by
Mr. Sitgreaves and Mr. Ogden, then recurring.
On the question, will the convention agree to the same?
The yeas and nays being called by Mr. Ogden, were as follow, viz,
YEAS.
Mr. Baker Mr. Pedan Mr. Mawhorter Mr. Höge
Roberts Dill Arndt Redick
Ogden Whitehill Rhoads Smilie
Jenks Power Powell M'Lene
Barclay Hiester Piper Matthews
Stout Lincoln Smith Shoemaker
Gibbons Groscop Snyder Gloiiinger
Bull Gehr Findley Brown
Boyd Sitgreaves Todd Beale
Reed 57
MINUTES OF THE
NAYS,
Mr. Lewis
Mr. Ilaml Mr. Tyson
GraT Lpwer
Atlee Addison
lluldoy Gallatin
Breckbill Morris
Miller ^ Coates
Siegle
Mr. Graydoti
Pickerinjg
Henderson
M'Kean
Gray
Robinson
Hare
Gibson
Sellers
Newlia
Yd wards
T. Ross
26
So it was determinccl in the affirmative, and the section adopted as
follows, viz. ,
In case of the death or resignation of the governor, or his removal
from office, the speaker of the senate «hall exercise the office of govern¬
or until a new governor, who shall, in such^case, be chosen at the next
annual election, shall be duly qualified and commence the exercise of
his office. And if the trial of a contested election shall continue long¬
er than the third Tuesday in December, next "ensuing the election of a
governor, the governor of the last year, or the speaker of the senate,
■whichever may be in the exercise of the executive authority, shall
continue therein until the'determination of such contested élection,
and until a governor shall be qualified as aforesaid!
A motion was made by Mr. Edwards, seconded by Mr. Gallatin, to
re-consider the third section of the first article, in order to add the
following words, viz.
But the inhabitants of the city of Philadelphia shall not be entitled
to vote for or be elected members for the county of Philadelphia, nei¬
ther shall the . inhabitants of the county of Philadelphia, out of the
limits of the said city, be entitled to vote for or be elected represent¬
atives for the said city.
Tiie question being taken, it was agreed to re-consider.
It was then moved by Mr. Lewis, seconded by Mr. Sitgreaves, to
postpone the said motion of Mr. Edwards.
Adjourned until half past nine o'clock to-morrow, A. M.
The convention met pursuant to adjournment.
Mr. Smith and Mr.'Henderson, members of this convention, asked
and obtained leave of absence.
The motion m<ade yesterday by Mr. Edwards, seconded by Mr.
Gallatin, recurring, as well as the motion for postponement,'made by
Mr. Louis, seconded by Mr Sitgreaves.
On the question. Will the convention agree to postpone? It was
determined in the negative.
The original motion made by Mr. Edwards, seconded by Mr. Gal¬
latin, again recurring, and after some debate thereon,
' It was moved by Mr. Lewis, seconded by Mr. Robinson, to post¬
pone the consideration of the said motion until Tuesday next.
Which was determined in the affirmative.
The first section of the third article of the proposed plan of govern¬
ment being under consideration, viz.
SATURDdV, February \2),\7^0. M.
CONVENTION OF 1789-90.
199
In elections by the citizens every freeman of the age of twenty-one
years, having resided in the state two years next before the days of
the elections respectively, and paid state or county taxes within that
time, whichitax shall have been assessed upon him at least six mouths
before tlie election, shall enjoy the rights of an elector.
It was moved by Mr. Lewis, seconded by Mr. Shoemaker, to strike
out the word "tax."
Wiiicli was carried in the aíErmative.
A motion was then made by Mr. Pickering seconded by Mr. Lew¬
is, to amend the said section so as to read as follows, to wit.
In elections by the citizens every freeman of the age of twenty-one
years, having resided in the state two years next before the days of
the elections respectively, and within that time paid a state or county
tax, which shall have been assessed upon him at least six months be¬
fore the election, shall enjoy the rights of ári elector.
Which was determined in the affirmative.
A motion was made by Mr. Sitgreaves, seconded by Mr. Mawhor-
ter, to add the following proviso to the said section as amended, viz.
Provided tliat the sons of persons qualified as aforesaid, between
the age of twenty-one and twenty-two years, shall be entitled to vote
although they shall not have paid taxes.
It was then moved by Mr. Ogden, seconded by Mr. Hand, to amend
the said proviso by striking out the word " persons," and in lieiT there¬
of, to insert the word " freeholders."
And on the question. Will the conv(|ption agree to the same ?
The yeas and nays being called by Mr. Ogden, were as follow, viz.
YEAS.
Mr. Baker
Ogden
Jenks
Mr. Roberts
Lewis
M'Kean
Gray
Hare
Bull
T.Ross
Boyd
Hand
Graff
Atlee
Hubley
Mr. Barclay
Gibbons
Hiester
Mr. Gehr
Arndt
Rhoads
Mr. Höge
lied ick
Shoemaker
NAYS.
12
Mr. Breckbill
Miller
Siegle
Reed
Tyson
Pedan
Dill
Whitehill
Power
Lower
Lincoln
Groscop
Sitgreaves
Nr. Morris
Mawhorter
Potts
Powel
Coates
Piper
Gioninger
Smith
Brown
Snyder
Graydon
Todd
Pickfi iug
Sinilie
Henderson
Gallatin
Beale
M'Lene
Sellers
Matthews
Newlin
46
So it was determined in the negative.
And the proviso moved by Mr. Sitgreaves, seconded by Mr. Ma
horler, recurring,
On the question. Will the convention agree to the same ? T
yeas and nays being called by Mr. Sitgreaves, were as follow, viz.
sou Minutes op the
YEAS.
Mr. Gray Mr, Dill Mr. Maviterter Mr. Smilie
Boyd Whitchill Puwel M Lene
Graff. Power Piper Matthew*
Miller Lower Smith Gloninger
Siegle Lincoln Snyder Browii
Reed Groscop Todd Hendergpn
Tyson Gehr Höge Gibson
Pedan Sitgreaves Redick Reale S2
NAYS.
Mr. Baker Mr. Jenks Mr. Breckbill Mr. Potts
Roberts Barclay Hiester Coates
Lewis Gibbons Arndt Shoemaker
M'Kean Bull Rhoads Craydon
Robinson T.Ross Addison Pickering
Hare Hubley Gallatin Sellers
Edwards Hand Morris Newlin
Ogtlen Atlee 30
So it was determined in the affirmative.
A motion was then made by Mr. Lewis, seconded by Mr. Hubley, to
strike out the words of the original section ' In elections by the citizens.'
Which was determined in the negative, and the said first section
thereupon adopted with the amendments, as follows, viz.
In elections by the citizens every freeman of the age of twenty-
one years, having resided in the state two years next betöre the days
of the elections respectively, and within that time paid a state or
county tax, which shall have been ^.assessed upon him at least six
months before the election, shall enjoy the rights of an elector ; provi¬
ded that the sons of persons qualified as aforesaid, between the age of
twenty-one and twenty-two years, shall be entitled to vote although
they shall not have paid taxes.
The second section of the said third article being under considera¬
tion, viz.
All elections shall be by ballot, except by persons in their represen¬
tative or public capacities, which shall be viva voce.
It was moved by Mr. Lewis, seconded by Mr. Smilie, to insert after
the words " which shall," the following, viz. " unless in the choice of
committees and their own officers."
Which was determined in the «affirmative, and the said section, as
amended, adopted.
The third section of the said third article being under consideration,
it was moved by Mr. Pickering, seconded by Mr. Lewis, to amend
the said section so as to read as follows, viz.
Electors, during their attendance on elections, shall be privileged
from arrests in all cases except treason, felony and breacht-'Of • the
peace, and in going to and returning from the same.
On the (]uestion, Will the convention agree to the same ? It was de¬
termined in the negative, and the original section, as reported by the
committee of the whole, adopted.
The first section of the fourth article of the proposed plan of gov¬
ernment being under consideration.
CONVENTION OF 1789-90.
SOI
On motion of Mr. Pickering, seconded by Mr. Jenks, the said sec¬
tion was adopted as follows, viz..
The house of representatives shall have the sole power of impeach«
ing.
The second section of the said fourth article being under consid¬
eration, the same was adopted as follows, viz.
All impeachments shall be tried by the senate ; when sitting for that
urpose, the senators shall be on oath or affirmation. No person shall
e convicted without the concui rence of two-thirds of the members
present.
The third section of the said fourth article being under considera¬
tion, it was moved by Mr. Lewis, seconded by Mr. M'K.ean, to
amend the same so as to read as follows, viz.
The governor and all civil officers under this commonwealth, shall
be liable to be impeached for any misdemeanor in office, and, on
conviction thereof, to be punished agreeably to law.
A division of the section being called, viz.
The governor and all civil officers under this commonwealth, shall
be liable to be impeached for any misdemeanor in office.
On the question. Will the convention agree to that part of the said
proposed section? It was determined in the affirmative.
And the question being taken on the remainder of the said amend¬
ment, it was determined in the negative.
It was then moved by Mr. \ddison, seconded by Mr. Miller
to add the following to the said amendment, as adopted, viz.
But judgment on conviction thereof shall not extend further than
to removal from office, and disqualification to hold any office of
honor, trust or profit under this commonwealth ; but the party convict¬
ed shall nevertheless be liable to indictment, trial, judgment and pun¬
ishment according to law.
A division of the said amendment being called for,
• On the question. Will the convention agree to the first part there¬
of, viz.
But judgment on conviction thereof shall not extend further than
to removal from office and disqualification to hold any office of honor,
trust or profit under this commonwealth ?
It was determined in the affirmative.
And on the question. Will the convention agree to the latter part
thereof, viz.
But the party convicted shall nevertheless be liable to indictment,
trial, judgment, and punishment according to law?
The yeas and nays being called by Mr. Lewis, were as follows, viz.
YEAS.
Gallatin
M'Lene
Matthews
Brown
Pickering
Henderson
Gibson
Beale
Sellers
Newlin 4Q
Mr. Roberts Mr. Tyson Mr. Mawhortcr Mr.
Cray Pedan Rhoads
Robinson Dill Powell
Hare WhitehiJl Piper
Jenks Power Smith
Barclay Hiester Snyder
Boyd Lower Findley
Miller Lincoln Addison
Siegle Groscop Höge
Reed Gehr Smilie
26
MINUTES OP THB =
NAYS.
Mr. Baker
Mr. Bull
Mr. Atlee
Huble
Mr« Potts
Lewis
M'Kean
Gibbons
T.Ross
Hand
Graff
fiubley
Breckbill
Redick
Shoemaker
Gloninger
So it was determined in the affirmative. >
Tt was then moved by Mr. M'Kean, seconded by Mr. Shoemaker,
to insert, after the words " in office," the words " withifa two yeara
after the oftence shall have been committed."
Which was determined in the > negative, and thereupon the said
third section, as amended, adopted as follows :
The governor and all civil officers under this commonwealth shall
be liable to be impeached for any misdemeanor in office ; but judg¬
ment, on conviction thereof, shall not extend further than to remo¬
val from office and disqualification to hold any office of honor, trust
or profit under this commonwealth : the party convicted shall, never¬
theless, be liable to indictment, trial, judgment and punishment ac«
cording to law.
The first section of the fifth article of the proposed plan of gov¬
ernment being under consideration. It was moved by Mr. Smilie, sec-«
onded by Mr. Findley, to.strike out the words " of law and equity."
' Which was carried in the affirmative.
Whereupon, on motion of Mr. Lewis,, seconded by Mr. Thomas
Ross, the said first section was adopted in the following words ;
The judicial power of this commonwealth shall be vested in a su¬
preme court, in courts of oyer and terminer and general gaol deliv¬
ery, in a court of common pleas, orplians' court, register's court and
a court of quarter sessions of the peace for each county, injustices of
the peace, and in such other courts as the legislature may, from time
time, establish.
The second section of the said fifth article being under considera¬
tion, viz.
The judges of the supreme court and the judges of the several
courts of common pleas shall be commissioned and hold their offices
during good beliaviour ; but the governor may remove any of them on
the address of two-thirds of each branch of the legislature. The judg¬
es of the supreme court and the president of the several courts of com¬
mon pleas shall, at stated times, receive fur their services an edequate
compensation, which shall not be diminished during their countinu-
ance in office : .but they shall hold no other office of profit in this com¬
monwealth.
It was moved by Mr. Leivis, seconded by Mr. Thomas Ross, to
strike out the words " the judges" after the word and," as wéll aa
the words "be commissioned .and."
Which was carried in the affirmative.
A motion was then made by Mr. Lewis, seconded by Mr. M'Kean,
to strike out the word "but" after the words " continuance in office."
Which was determined in the affirmative.. -
It was moved by Mr. M'Lene, seconded by Mr. Smilie, to strike
out the word " may" after th% word "governor," and, in lieu thereof»
to insert the word "shall."
Whereupon, On motion. Adjourned until hrif past nine o'clock on
Monday next, A. xM.
CONVENTION OF 1789-9Ü.
S09
MONDAY, February I5th, 1790. A. M.
Th# convention met pursuant to adjournment,
îlie second section of the fifth article of the proposed constitution,
as amended, being again under considération, together with the
amendment moved by Mr. M'Lene. seconded by Mr. Smilie« the
thirteenth of February, instant, viz.
To strike out the word "may," and, in lieu thereof, to insert the
word "shall."
Mr, M'Lene then withdrew his amendment.
A motion was made by Mr.: Lewis, seconded by Mr. Pickering, to
amend the said section so as to read as follows, viz.
The judges of the supreme court and of the several courts of com¬
mon pleas shall liold tlieir offices daring good behaviour ; but the gov¬
ernment may, for any reasonable cause which shall not be sufficient
ground .of impeachment, remove any of them an the address of two-
thirds of each branch of tiie 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 edequate compensation,
to be fixed by law, which shall not be diminished during their contin¬
uance in office ; they shall hold no other office of profit in this com¬
monwealth.
Which was determined in the affirmative.
A motion was then made by Mr. Findley, seconded by Mr. Gal¬
latin, to strike out the words "two-thirds of each branch," and, in
lieu thereof, to insert " both houses.." ,
On the question. Will the convention agree to the same ? The yeas
and nays being called by Mr. Hubley, were as follow, viz.
YEAS.
Mr, Whitchill
Power
Mr. Lincoln
Piper
Mr. Findley
Todd
Mr. Gallatin
Beale
NAYS.
Mr. Wilson
Baker
Roberts
Lewis
M,Keaa
Gray
Robinson
Hare
Edwards
Jenks
Barclay
Stout
Gibbons
Mr. Bull
T. Ross
Boyd
Hand
Graft"
Atlee
Hubley
Breckbill
Miller
Siegle
Reed
Tyson
Pedan
Mr. Dill
Hiester
Lower
Groscop
Géhr
Mawhorter
Arndt
Rhoads
Powell
Snyder
Addison
Hogc
Mr. Redick
Smilie
M'Lean
Potts
Coates
Shoemaker
Gloninger
Brown
Graydon
Pickering
Gibson
Newlin
^ 50
So it was determined in the negative.
It was then moved by Mr. Whitehill, seconded by Mr. Findley, to
strike out the words " and the president Of the several courts of com¬
mon pleas."
Which was determined in the negative.
30^
MINUTES OF THE
A motion was made by Mr. Lßwis, seconded by Mr, Edwards, t«
amend the said section so as to read as follows, vi/,.
The judges of the supreme court and of the several courts of com¬
mon pleas shall hold their offices during good behaviour: but the «ov-
vernor may, for any reasonable cause which shall not be sufficient
ground of impeachment, 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 edequate compensation
to be fixed by law, which shall not be diminished during their contin¬
uance in office^: Hut 'hey shall receive no fees or perquisites of office,
nor hold any other office of profit in this commonwealth.
On the question, Will the convention adopt the said section as
amended ?
It was determined in the affirmative. i .
The third section of the fifth article of the said proposed plan of
government being under consideration, viz..
The jurisdiction of the supreme court,shall extend over the whole
state, and the judges thereof shall, by viatue of their offices, be justi¬
ces of oyer and terminer and general gaol delivery in the several coun¬
ties. Ño special commission of oyer and terminer and gaol delivery
shall be issued.
It was moved by Mr. Lewis, seconded by Mr. M'Kean, to amend
the first part of the said section so as to read as follows :
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 gaol delivery.
Which was determined in the affirmative.
And the latter part of the said section being under consideration,
\\z.
No special commission of oyer and terminer and gaol delivery shaU
be issued.
It was, on motion of Mr. Lewis, seconded by Mr. Pickering, Or¬
dered, that the consideration thereof be postponed.
A motion was then made by Mr. Pickering, seconded by Mr. Lew¬
is, to re-consider the second section of the said fifth article in order to
strike out the word "compensation," and, in lieu thereof, to insert
the word " salaries.
On the question, AVill the convention agree to re-consider?
It was determined in the negative.
Adjourned until half past nine o'clock to-morrow, A. M.
TUESDAY, February 16fA, 179P A* M.
The convention met pursuant to adjournment.
Agreeably to the order of the day of the,thirteenth instant, the motion
made by Mr. Edwards, seconded by Mr. Gallatin, to atnend the third
article, recurring.
It was moved by Mr. Lewis, seconded by Mr. Sitgreaves, to post¬
pone the naotion made by Mr. Edwards, in order to add the following
words to the said section, viz.
And no person residing icithin any city, town or borough, which
shall be entitled to a separate representation, shall vote for,or be elected
a member of any county; nor shall any person residing without thelinsf
CONVENTION OF 1789-90.
its of any such city, town or borough vote for orbe elected a member
thereof.
On the question, Will the convention agree to the postponement
for the aforesaid purpose ?
It was detennihed In the affirmative.
Amotion was then made by Mr. Gallatin, seconded by Mr. White-
hill, to strikeout tlie words "And no person residing within," as well
as the words "residing without the limits of any," and, in lieu of the
former insert "no inhabitant of," and of the latter the words "who is
not an inhabitant of."
Which was determined in the negative, and Mr. Lewis' motion re¬
curring.
It was moved by Mr, Bobinson, seconded by Mr. M'Lene, to post¬
pone the motion made by M. Lewis, in order to introduce the follow¬
ing, in lieu thereof, viz.
And no fierson shall represent a county, including any city, town
or borough which may be entitled to a separate representation, un¬
less, during the year preceding such election, he shall haye resided
without the limits of such cifV, town or borough.
Mr. Lewis then withdrew his motion, and moved, seconded by Mr.
Edwards, to amend the motion made by Mr. Robinson, by adding the
following words, viz.
Nor shall any persdn represent any such city, town or borough un¬
less he shall have refeided therein for the time aforesaid.
Which was determined in the negative', and on the question. Will
the convention agree to the amendment moved by Mr. Robinson ? .
It was determined in the negative, and the original section adopted.
The fourth section of the fifth article of the proposed plan of gov¬
ernment being under consideration, viz.
The several courts of common pleas,/or the f resent, shall be es-
'fabltshed in the following manner: The governor shall appoint a num¬
ber of judges in each county, not less thgp, three and not exceeding
four, 'mho, during their continuance in office, shall reside within such
county. The state shall, by law, be divided into circuits, any of which
shall include not more than six nor fewer than three counties, A pre¬
sident shall he appointed for the several courts in each circuit, who,
during his continuance'in office, shall reside within such circuit. Such
president and judges, or any two of them, shall be tlje, judges who
sitall compose the respective courts of common pleas.
The same being divided into propositions, and tlie first being under
consideration, viz.
The several courts of common pleas, for the present, shall be estab¬
lished in the following manner : the governor shall appoint a number
of judges in each county, not less thaq tijree nor exceeding four,
who, during their continuance in office, shall reside within such
county.
It was moved by Mr. Lewis, seconded by Mr. Addison, to amend
the first part of the said proposition so as to read as follows :
Until it shall be otherwise directed by law, the several courts of
common pleas shall be established in the following manner:
A motion was made by Mr. Sitgreaves, seconded by Mr. Ogden, to
amend tlie motion of Mr, Lewis, so as to read as follows, viz.
The several courts of common pleas shall be established in the follow¬
ing manner :
Minutes of the
Which was determined in the negative. And on the question, Will
the convention agree to the amendment moved by Mr..Lewis?
It was determined in the affirmative.
The second part of the said first proposition being under consider«
ation, it was moved by Mr. Lewis, seconded by Mr. Hubley, to a-
mend the same so as to read as follows :
The governor shall appoint not fewer than three nor more than four
judges in each county, who, during their continuance in office shall
reside therein.
Which was carried in the affirmative,
A motion was made by Mr. Ogden, seconded by Mr. Jenks, to strike
out the wotd "four," and, in lieu thereof, to insert the word "five."
Which was determined in the negative, and thereupon the said
first proposition, as amended-, adopted.
The second proposition being under consideration, viz.
The state shall, by law, be divided into circuits any of which shall
include not more than six nor fewer than three counties.
It was moved by Mr. Lewis, seconded' by Mr. Hubley, to strike
out the word "any,'' and, in lieu thereof, to insert "none."
Which was determined, in the affirmative, and the said proposition,
as amended, adopted.
The third proposition being under consideration, viz
A president shall be appointed for the several courts in each circuit,
who, during his continuance in office, shall reside within such circuit.
It was moved by Mr. Lewis, seconded by Mr. Pickering, to strike
out/the words "within such circuit," and in lieu thereof, to insert
therein.'' *
Whicli was determined in the affirmative,' and the said propositinn,
after striking out the word "several," as amended, adopted.
The fourth proposition being under consideration, viz.
Such president and judges, or any two of them, shall be the judges
who shall compose the respective courts of common pleas.
It was moved by Mr. Sitgreaves, seconded by Mr.^WiUonito amend
the same so as to -read as follows«
Such president and judges shall compose the respective courts of
common pleas, any two of whom shall be a quorum.
Which was determined in the affirmative.
And tlie said fourth section of the fifth article was adopted as foN
lows, viz.
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 not fewer than three nor more than four
judges in each county, who, during their continuance in office,shall
reside therein. The state shall, by law, be divided into circuits, none
of which shall include more than six nor fewer than three counties.
A president shall be appointed for the courts in each circuit, who, du¬
ring his continuance in office, shall reside therein. Sach president
and judges shall compose the respective courts of common pleas, any
two of whom shall be a quorum.
The fifth section of the said fifth article being under consideration,
viz.
The judges of the courts of common pleas in each county, or
any two of them, the president being one, shall be justices of oyer
and terminer and general gaol delivery for the trial of capital and
CONVENTION OP 1789-90.
other offenders in their respective counties ; but they shall not hold a
court of oyer and terminer and general gaol delivery in any county,
when the judges of the supreme court, or some of them, shall be sit-
tin^in.4he same county. But the parties accused, as well as the com.
moDwealth, may remove the indictment apd proceedings into the sut
preme court at any time before trial.
On motion of Mr.*Sitgreavea,
Ordered, That the word "but," be struck out from the last clause.
It was moved by Mr. Lewis, seconded by Mr. Pickering, to strike
out the words "the parties accused, as well as the commonwealth,
may remove the indictntent and proceedings into the supreme court at
any time before trial."
A motion was then made by Mr. Pickering, seconded by Mr. Gray,
to postpone the consideration of the said section and amendment.
Which was determined in the affirmative.
The sixth section of the said fifth article being under consideration,
viz.
The supreme court and the several courts of common pleas
shall, beside, the powers heretofore usually exercised by the said
courts, have the power- of a court of chanoery so far as relates toi
the perpetuating testimony, obtaining 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, as soon as conveniently
may be, after their first meeting under this constitution, vest in the
eaid courts such other powers to grant relief in equity in all cases to
which common law proceedings are not competent: and shall regu.
late the exercise tliereof, and, from time to time, enlarge, diminish,
or vest the same in such other courts as they shall judge necessary for
the due administration ofjustice.
It was moved by Mr. Lewis, seconded by Mr. Pickering, to insert, afr
ter the words "in equity," the words '• as shall be found necessary,"
and to strike out the words " shall regulate the exercise thereof, and,"
and the word " necessary," and in lieu of the former, to insert the word
" may," and of the latter the word "proper," so ais that the latter part
of the said section read as follows, viz.
And may from time to time enlarge, diminish or vest the same in
such other courts as they shall Judge proper for the due administra¬
tion of justice.
A division of the question on the latter part of the section, as far as
the word necessary, being called for by Mr. Addison,
On the question, Will the convention agree to the same as amend¬
ed by Mr. Lewis ? It was determined in the affirmative.
It was then moved by Mr. Sitgreaves, seconded by Mr. Graydon, to
re-consider the said amendments of Mr. Lewis, in orderte restore the
words " shall regulate the exercise thereof."
On the question. Will the convention agree to re-consider for the
aforesaid purpose P It was determined in the negative.
A motion was made by Mr. Wilson, seconded by Mr. Boyd, to
strike out the words " after their first meeting^under this constitution."
Which was determined in the affirmative, and the said sixth section,
as amended, adopted as follows, viz.
The supreme court and the several courts of common pleag shall,
beside the powe.'-s heretofore usually exercised by the said courts,
have the power of a court of chancery so far as relates to the perpetua*
ting of testimony, obtaining evidence from places not within the state.
ailNüTES ©F THH
and the care of the persons and estates of those who are non compotes
mentis. And the legislature shall, as soon as conveniently may be,
vest in the said courts such other powers to grant relief in equity as
shall be found necessary: and may, from time time, enlarge, diminish
or vest the same in such other courts as they shall judge proper for
the due administration of justice.
Adjourned until half past nine o'clock to-morrow, A. M.
WEH^ESBAY, February 17, 1790. A. M.
The convention met pursuant to adjournment.
The convention resumed the consideration of the fifth section of the
fifth article of the proposed plan of government postponed yestertky,
viz.
The judges of the courts of common pleas in each county, or any
two of them, the president being one, shall be justices of oyer and ter¬
miner and general jail delivery, for the trial of capital and other of¬
fenders in their respective counties : But they shall not hold a court
of oyer and terminer and general jail delivery in any county when the
judges of the supreme ciurt, or some of them, shall be sitting in the
same county. The parties accused, as well as the commonwealth,
may remove the indictment and proceedings into the supreme court
at any time before trial.
It was moved by Mr. Pickering, seconded by Mr. Lewis, to amend
the same by striking out the words " at any time before trial," and to
add the following to the said section in lieu thereof, viz. " But no
writ of removal presented by the party accused, shall be allowed
by the court, where the indictment shall have been found, without
the consent of the attorney general, or special cause shown, unless
the same shall have been specially awarded by the supreme court or
one of the justices thereof."
On the question. Will the .convention agree to the said amendment?
The yeas and nays being called by Mr. Boyd, were as follow viz.
YEAS.
Mr. Lewis
Mr. Wilson
Baker
Roberts
Gray
Robinson,
Hare
Edwards
Ogden
•lenk s
Barclay
Stout
Gibbons
Bull
T. Ross
Boyd
Mr. M'Kean
NAYS.
Mr. Pickering 3
Mr. Hand
Graft'
Atlee
Hubley
Breckbill
Miller
Siegle
Reed
Tyson
Dill
Whitehill
Power
Lower
Lincoln
Groscop
Mr. Gehr
Sitgreaves
Mawhorter
Arndt
Rhoads
Powell
Piper
Snyder
Findley
Todd
Addison
Hoge
Reuick
Smilie
Mr. Gallatin
M'Lene
Matthews
Morris
Potts
Coates
Shoemaker
Glonioger
Brown
Graydon
Gibson
Beale
Sellers
Newliu
So it was determined in the negative.
<íO?<VBWTlüN oIP ÍT^'-OO.
A môtiftlï was mátle'bj'Afk A<í<t!s«n,- seconded byMr. Wilson, to
HTnehd the last clatise of the said'fiflb section so as to read âs fol¬
lows, si*.
• The '^aftiü^ aecnsed, aV well as the óómtrtónwealth, may, under
such r(»gnl!rtloT)s as "shall 'bcprcscnbed by law, remove the indictment
and proceedings into the supreme court.
Which was d'eternfinéíl in'the affirmative.
It was then moved by Mr. Lewis, seconded by Mr. Pickering, to
insert after the word " proceedings," the words "or tratiscripts there¬
of." Which was determined in the affirmative.
A motion was »nade by^Mr. Lewis, seconded' by Mr. Pickering, tO
amend' the t\'vb first clauses of the said filth section so as to read as
foUorws, vre. ■ '
'Ph® président of the courts of common ¡)leas for each coun'ty, ami
such other justice thereof äs shall be appointed and commissioned for
tint purpose, shall, during their continuance in office, be justices of
oyer anil terminer ami jail delivery, for the trial of capital and
other oftenders therein ; but tlicy shall not act as such when the justi¬
ces of the suprenie coni't or any of them shall be sitting in the same
county ;'nor shall any commission of oyer and termifiey or jail delivery
be issued to any other pei son.
On the question, Will the convention agree to the said amendment?
ft was determined in the negative.
Ami the said fifth section being then under consideration, as
amended, viz.
The judg«s of tiie courts of common pleas in each county, the
"¡wesident being one, shall be justices of oyer and terminer and gen¬
eral jail delivery, for the trial of capital and other oilenders in their
respective counties; bntthey shall not hold a court of oyer and termi¬
ner and general jail deli very in anycbunty when the judges" of the sii-
preme court, or some of them, shall be sitting in the same countj-
The party accused, as well as tiie commonwealth, may, under such
regulations as shall be presciibed by law, remove the itidictmeöt and
proceedings, or transcripts t'lcreof, into thé supreme court.
On the questron,- Will the convention adopt thé saine as the fifth
section of the fifth .article of the plan of government? The yeas and
bays being called by Mr. Whitehill, were as follow, viz.
YEAS
Mr. Wilson
Mr. Graffi
'At lee
fiubiey
Mr. Power Mr. Potts
Baker ~
M^Kean
Gra V
Arndt' Gloninger
Rhoads Graydon
Jenics
llrvchhill
Miller
Siegle
Toi Id GibsaA
Addisoo Beale
Höge Sellers
Reilick Newlin
Findley Pickering
Barclay
Btout
Reed
Tvson
Dill
T. Ross
Hand
Mr. jlotwrls Mr. Robinaon Mr, Kdwswals Mr, Gibbons
Lewis Hare Ogden ^ Boyd
ar
minutes op thé
NAYS.
Mr. Whitehill Mr. Sitgreaves Mr. Smilie Mr. Morris
Lower Mawhorter Gallatin Coates
liincoln Powell M'Lene Shoemaker
Groscop Piper Matthews Brown
Gehr Snyder 26
So it was determined in the affirmative.
The last clause of the third section of the said fifth article, postpo¬
ned the 15th of February, recurring, viz.
No special commission of oyer and terminer or jail delivery shall
be issued.
On ti)e question. Will the convention agree to the same ? It was
determined in the negative, and the said third section adopted as fol¬
lows :
The jurisdiction of the supreme court shall extend over the state,
and the judges thereof shall, by virtue of their ofiSces, be justices of
oyer and terminèr and general jail delivery in the several counties.
A motion was made by Mr. Sitgreaves seconded by Mr. Wilson, to
re-consider the fifth section of the^said fifth article, in order to amend
the same so as to read as follows, viz.
The judges of the courts 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 whom, the president being one, shall be a quorum ; but they
shall not hold a court of oyer and terminer and jail delivery in any
county when the judges of the supreme court, or some of them, shaft
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 transcripts thereof,
into the supreme court. Which was determined in the affirmative.
The seventh section of the said fifth article being under conside¬
ration, a division of the said section was called by Mr. Addison, and
the first proposition being under consideratun, viz.
The judges of the courts of common pleas shall compose the courts
of quarter sessions and orphans' court in their respective counties, any
two of whom shall be a quorum.
On motion of Mr. Lewis, Ordered, that the words "of the peace,"
be inserted after " quarter sessions."
It was moved by Mr. Sitgreaves, seconded by Mr. Arndt, to amend
the same so as to read as follows, viz.
The judges of the court of common pleas in each county shall com¬
pose the courts of quarter sessions of the peace and orphans' court
therein, any two of whom shall be a quorum.
Which was determined in the affirmative, and the second proposi¬
tion being agreed to, the said seventh section was thereupon adopted
as follows, viz.
rhe judges of the courts of common pleas in each county shall
compose the court of quarter sessions of the peace and orphans' court
therein, any two of whom shall be a quorum; and the register of wills,
together with the said judges, or any two-of them, shall compose the
register's court in the respective county.
The eighth section of the said fiftli arúcle being under considera¬
tion,
CONVENTION OF 1789--90.
Sil
It was moved by Mr. Lewis, seconded by Mr. Pickering, to amend
the said section so as to read as follows, viz.
The jadges of the courts of common pleas shall, within their
respective counties, have the like powers with the judges of the su¬
preme 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 ri^ht and justice to be done.
It was moved by Mr. Pickering, seconded by Mr. Lewis, to add
the word "therein" after " peace "
Which was determined in the negative.
On the question, Will the convention agree to the said amendment
as the eighth .section ?
It was determined in the affirmative.
The ninth section of the said fifth article being under consideration,
A motion was made by Mr. Sitgreaves, seconded by Mr. Wilson, to
amend the said section so as to read as follows, viz.
The president of the courts in each circuit, shall within such cir¬
cuit, and the judges of the courts of common pleas shall, within their
respective counties, be justices of the peace so far as relates to crimi¬
nal causes.
On the question, Will the convention adopt the same as the ninth
section of the said fifth article?
It was determined in the affirmative.
The. tenth section of the said fifth article being under consideration,
viz.
The governor shall appoint and commission a competent number
of justices of the peace in convenient districts m each county, to
be fixed in such manner as shall be, by law, directed. They shall
be commissioned during good behaviour ; but may be removed on con¬
viction of misbehaviour in office or any infamous crime, or on the ad¬
dress of both houses of the legislature.
A motion was made by Mr. M'Kean, seconded by Mr. Arndt, to
introduce the following as the tenth section, viz.
The judges of the supreme court and of the several county courts
of common pleas, shall have the appointment of the profhonotaries or
clerks of the said courts respectively, who shall hold and enjoy their
said offices during their good behaviour.
On the question. Will the convention agree to the same ?
It was determined in the negalive.
It was moved by Mr. M'Lene, seconded by Mr. Piper, to substitute
the following in lieu of the said tenth section, viz.
A competent number of justices of the peace for eacli county shall
be ascertained by law, and elected by the citizens of each county qual¬
ified to vote for representatives. Each county shall, by the legisla¬
ture, be divided into districts; two of the persons so elected to be in¬
habitants in the district for which they shall be chosen ; the governor
shall commission one of each two, who shall be a justice of the peace
in the county.
A motion was made by Mr. Findley; seconded by Mr. M'Lene, to
postpone the said section with the proposed substitute.
Which was determined in the negative.
Mr. M'Lene's motion then recurring.
On the question. Will the convention agrée to the same? The yéas
and nays being called by Mr. Gibbons, were as follow, yiz.
MïNUÏ'liiSfcOi' TBÍt>K
YE.VS.
Mr. P^>Iiin3oa
Ueed
Whiteliill
Power
Mawhorter
Mr.
Rhoafls
l'owéU
Pipev
FiiitUe^f
Tod J
ir.
Saillie
üali.it.'.a
MM.iine
MattliewÄ
Morris
Mr.
Contes
S^iuuiuaker
dasinger
Brown
Bealc 20
NAYS. ,
Mr. Wilson Mr. Barclay Mr. BrecEbill Mr.^Snyder
Jîaker Stout Miller Addison
Koborts Gibbons Siegle Höge
Lewis Bull Tvson Redick
M'Kean, T. Ross Dill Potts
iîraj,.. Boyd Lowei' Graydori
Hare Hand Groscop Pickeriiig
Edwards Grafl" Gehr Gibson
Ogden Atlee Sitgreaves Sellers
Jenks Hubley Arndt Nevvlin 4u
So it was determined in tbe negative.
'J'he original section again recurring, a division was called for.
And on the question. Will the convention agree to the first pact
thereof, viz,.
The governor shall appoint and commission a competent number or
justices of the peace in convenient districts in each ooiinty, to be fixed
in such manner as shall be, by law, directed"
It was determined in the aflirràative, and the second^pfirt of the
said temth section being under consideration, viz.
They shall be commissioned during good behaviour, but may be re¬
moved on conviction of misbehaviour in office, or any infamous crime,
or on the address of both houses of the legislature.
It was moved by Mr. Sitgreaves, seconded by Mr. Hare, to strike oql
the words "during good behaviour," and in lieu tltei-cof, tp insert "for.
the term of years."
On the question, Will, the Convention agree to the same?'"'
The yeas and nays being called l)y Mr. Edwards, were as follow,
viz.
YEAS.
Mr. Lower Mr. Mawhorter Mr. Piper
Sitgreaves Suydei Gloningei
9
Sir. Hare
Edwards
Jenks
Mr. Wilsbn
Baker
Roberts
Lewis
M'Kean
Gray
Robinson
C¿den
Mr. Barclay
Stoat
Gibbons
Bull
T. Ross
Boyd
Hand
Graff
NAYS.
Mr. Atlee
Hubley
Brpckbill
Miller
Siegle
Reed
Tysofl
Hill
Mr. Whitebili
Power
Gruseop
Gehr
Arndt
Rhuads
Powell
Eindiey
CONVENTION OP i7®9-90.
NAÏS.
Mr. Todd Mr, Gallatin Mr. Coates Mr. Gibson-
Addison M'Lene Shoemaker Bsale
Ho»c Matthews Brown Sellers
lledick Morris Graydon Newiiri
Smilie Potts Pickering ' 51
So it was determined in the negative,
And the said tenth section-of the fifth article," as reported by the
•ommittee of the whole, adopted.
Gn application of Zachariah Poulson, jr. it was on motion of Mr.
Hare, seconded by Mr. M'K.ean,
Resolved, That tiie president draw an order on the treasurer of the
state in favor of Zachariah Poulson, jr. as printer to this convention; for
the sum of one hundred pounds, he being accountable, therefor in the
settlement of ids account.
Adjourned until half past nine o'clock to-morrow, A. M.
THUR&DAY, Febrimry 18, ir90. J. M.
The convention met pursuant to adjournment.
1 he eleventh section of the fifth article of the proposed constitution
being under consideration, the same-was adopted as follows, vix.
A register's office for tlie probate of wills and granting letters of ad¬
ministrations and an office fin- tlie recording of deeds shall be kept in
each county.
The twelfth section of the said fifth article being under considera¬
tion, viz.
Prothonotaries, clerks of the peace arid orphans' court®, recorders
of deeds, registers of wills and sherilfs shall keep their offices in the
county town of the county in which tiiey respectively shall be ofiictrs.
It was moved by Mr. Ogden, seconded by .Mr. Shoemaker, to add
the following proviso to the said section, viz. '• Provided the county
town shall have been established years."
Amotion was then made by Mr. Sitgreaves, seconded by Âîr. Thona¬
as Ross, lo-postpone the proviso moved by .Mr. Ogden, and to strike
out all the words in the original section after the words "shall keep
their offices," and in lieu thereof; to insert the following words, \iz.
'• Within of the court house or other place where the
courts of the proper county shall be held, except when the governor
shall, in special cases, dispense therewith."
•On tlie question. Will the convention agree to the postponement?
It was determined in the affirmative.
Mr. Wilson then called for a division of the question on the said
amendment.
And the question being taken on the first clause of the said amend¬
ment, viz. '
Within of the courthouse or other place wliere the courts
of the proper county shall be held.
It was determined in the negative.
And the question being taken on the latter part of the said amcnd-
rneot, viz. '
214
MINUTBS OP THE
Except when the governor shall in special cases, dispense therewith.
It was determined in the affirmative.
It w#8 then movçd by Mr. Redick, seconded by Mr. Todd, to subr
stitute the followingin lieu of the twelfth section as amended, viz.
The legislature snail, as soon as conveniently may be, make provi*
sion by law for keeping all public county offices in the several county
towns respectively; as also for the preservation of the papers and re¬
cords belonging to such offices.
On the question, Will the convention agree to the same ?
It was determined in the negative.
A motion was then made by Mr. Pickering, seconded by Mr. Ogden,
to add the following words to the second part of the amendment moved
by Mr. Sitgreaves and adopted, viz.
During the term of years after the town shall have been erected.
Which was determined in the negative.
Whereupon, on the question. Will the convention agree to jthe sec¬
tion as amended? viz.
Prothonotaries, clerks of the peace and orphans'courts, recorders of
deeds, registers of wills, and sheriffs shall keep their offices in the coun¬
ty town of the county in which they respectively shall be officers, ex¬
cept when the governor shall, in special casers,. dispense therewith.
The yeas and nays being called by Mr. Sitgreaves, were as follow:
YEAS.
Mr. Wilson Mr. T. Ross Mr. Miller Mr. Höge
Baker Boyd Siegle Morris
Gray Hand Tyson Potts
Hare Graff Gehr Coates
Edwards Atle© Sitgreaves Shoemaker
Gibbons Hubley Snyder Pickering
Bull Breckbill 2b.
NAYS.
Mr. Roberts Mr. Dill Mr. Rhoads Mr. Gallatin
Lewis Whitehill Powell M'Lene
M'Kean Power Piper Matthews
Robinson Iliester Find ley Gloninger
Ogden Lower Todd Brown
Jenks Lincoln Addison Gibson
Barclay Groscop Redick Beale
Stout Mawhorter Smilie Newlin]
Reed Arndt 81
So it was determined in the'negative.
The thirteenth section of the said fifth article being under conside¬
ration, the same was adopted as follows, viz.
The stile of all process shall be The commonwealth of Penns¡/hania:
«11 prosecutions shall be carried on in the name and by the aflthority of
the commonwealth of Pennsylvania, and shall conclude, e^mmt the
peace and dignity of the same.
The first section of the sixth article being under consideration, viz.
CONVENTION OF 1789'"90.
S^heriftsand coroners shall, at the places of the election ofrepresen-
tatives, be chosen by the citiz.ens of each county respectively; two per¬
sons shall be chosen for each oflice, one of whom fur each shall be
commissionecl by the governor ; they shall hold their offices for three
years and until a successor be duly qualified. But no person shall be
twice chosen or appointed sheriff'in any term of six years.
It was moved by Mr. Hubley, seconded by Mr. M'Lene, to strike
out the word "three," and to insert after the words " representatives,
be chosen," the word " annually."
Mr* M'Lene called for a division of the section, and the question
being taken on the first clause, as amended by Mr. Hubley; it was
determined in the negative.
A motion was then made by Mr. Addison, seconded by Mr.
Brown, to insert after the word respectively," the words "on the se¬
cond Tuesday of October." Which was determined in the negative.
It was then moved by Mr. Findley, seconded by Mr. Beale, to add
the following words to the said section, viz.
The sheriffs shall not enter upon the duties of their office sooner
than three months after they shall be elécted.
Which was determined in the negative, and the original section as
reported by the committee of the whole, adopted.
A motion was made by Mr. Addison, seconded by Mr. M'Kean, to
insert the following as the second section, viz.
ProthonOtaries, clerks of the peace and clerks of orphans' courts,
recorders of deeds and registers of wills, shall hold their commissions
during good behaviour; they shall be removed on conviction of misbe¬
haviour in office or any infamous crime, or may be removed for any
other cause on the address of both houses of the legislature.
hereupon, ordered, that the consideration of the said motion be
postponed.
The second section of the said sixth article, reported by the com¬
mittee of the whole, being under consideration, viz.
The freemen of this commonwealth shall be armed and disciplined
for its defence ; the militia officers shall be appointed in such manner
and for such time as shall be by law directed.
A division of the section was called for by Mr. Ogden, and the
question being taken on the clauses separately, they were agreed to.
VVhereupon, on the question. Will the convention agree to the
said second section as reported by the committee of the whole?
The yeas and nays being called by Mr. Roberts, were as follow, viz
YEAS.
Mr. Wilson
Baker
Lewis
M'Kean
Gray
Robinson
Hare
Barclay
Gibbons
Bull
T. Ross
Boyd
Hand
Mr. Graff
Atlee
Hubley
Miller
Siegle
Reed
Tyson
Dill
Whitehill
lliester
Lower
liincoln
Mr.^^Groscop
Gehr
Sitgreaves
Mawhorter
Rhoads
Powell
Piper
Snyder
Findley
Todd
Addison
Höge
Mr. Redick
Smilie
Gallatin
M'Lene
Matthews
Morris
Potts
Coates
Gloninger
Pickering
Gibson
Beale
ifl
MQiTwssaaiii r'PMi:
• .ÛAïâ. .
Mr. Robert» Mr. ,îçtiks Mr. Sihoemakcc Mf.
Î^TtUvards' ^iiout tírovvji .;J^^lin,
Ugden ^ . RrrckbUl ' 10,
So it, w.a» determined in the afTirmative. „ . ä > ,
ît wns (lien moved by Mr. Mr'Kénn, seconded by Sir.' Gallatap, tv
connect the l'ollowing with the sixth article of the prop0|ed, plin «í
government: ->■■■■
That such alterations and áifiéndment» in the Toregoing system, or
iorm of government' may made in a regular aWtf orderly^ w»/. so as^
to render it^till thore conducive to the'secarity and happiness of the
society, the general assembly, frpm time J.p time, vyhep experience
shall make it necessary, ibeiy, and they arc hereby authorised and
powered to prepare and, pass a bill tor, that purpose,, sgepjfyin^lhc
parts or particulars proposed to be changed,' altered or amende^apd
causé the same, to bç printed and pi¿!isbed for' the, conshlfration^of
the fteople' at least three month's ècfbré''a hèw election, an J if the same
shall be ratified and confirmed by fi^ve parts in seven.of the whole i^uni,^
her of the house of representatives, and six pa; ts in seveti of the sen¬
ate, in the first sessidn after such new election,, the same'sht^l become,
constitutionally obligatory upon the goveih'mcht'and' peo'ple of this
commonwealth.
'Ordered, That thé consideration thereof he postponed.
It was moved by Mr. Robinson, seconded by Mr. Sitgreaves, to con¬
nect the'following with the said sixth article, vii.
_ Members of the genera! assembly and ajl ojBcers, executive anil ju¬
dicial, shall be bound by hath or affirmatiph to support'tbe constitu¬
tion of this commonwealth, and <o perform the' duties of théîr respec¬
tive offices with fidelity! '
(Jnlered, riiat the consideration tbereof bé postponed.
On motion, Orclcrecl fbat Mr. AVilscin, Mr. Lewis and Mr. Findley
be a committee to revise and correct go much of the report of tl\e com¬
mittee ol tlie xvhole as has beep adopted by this'convention; '
Adjourned until half past oifiO.o'cloc'k to-morrow, A. M.
Fj\'ID.ß}''. February 19, ITQO, .i. il/i
The convention met pursuant to adjournment.
On motion, ordered, that Mt": Thomag Ross, have leave of absence.
The first section of the bill of rights, reported by the committee of
the whole, being, under consideiation, thea^nie was adopted, as follows,
VÍ7.. '■
That all men are born equally free aqd independent, and have
cei tain, inherent ,pnd indefep^ibje rights, among wlüch ace those of
enjoying and defending life and liberty^.jiir acqqiring, posesqÍ9ff'.4md
protecting property and reputation, and of pmrsuing their own nappi-
ness. - ¿ _
The second scctionof the said bill of rights, being under canádera-
t'OH«' . Í -iv' ..he '
It was^m<*^'f d by seconded by Mir. Jenks, to amend the
same so ^ to rtad as foljowe, vi/,.
CONVENTION OF 1789-90.
That all power being originally vested in, is derived from the peo¬
ple, and all free governments are founded on their authority and insti¬
tuted for their common peace, safety and happiness, the majority of
whom have, at all times, an unalienable and indefeasible right to alter,
reform or change their government in such manner as may be condu¬
cive to obtain those ends.
On the question, Will the convention agree to the said amendment?
It was determined in the negative, and the second section, as report¬
ed, adopted as follows, viz.
That all power being originally vested in, is derived from, the
people, and all free governments originate from their will, are found¬
ed on their authority, and instituted for their common peace, safety
and happiness; and for the advancement thereof, they have, at all
times, an unalienable and indefeasible right to alter, reform or abol-
ish their government, in such manner as they may think proper.
The third section of the bill of rights being under consideration, the
same was adopted as follows, viz.
That all men have a natural and indefeasible right to worship
Almighty God according to the dictates of their own consciences,
and that no man can ot right be compelled to attend any religious
worship, or to erect or support any place of worship, or to main¬
tain any ministry against his free will aqd consent ; and that no
human authority can controul or interfere with the rights of con¬
science in any case whatever; nor shall any preference ever be given,
by law, to any religious establishments or modes of worship.
The fourth section of the said bill of rights being under considera¬
tion, viz.
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.
A motion was made by Mr. Robinson, seconded by Mr. Redick, to
adopt the following as the fourth section, viz.
As civil society is instituted for the purposes of enforcing a dis¬
charge of the relative duties and preventing the violences of men to¬
wards each other, so the great author of their existence can a'one de¬
termine the truths of religious opinions, therefore no power shall be as¬
sumed ofdepiiving a citizen of the privilege of serving his country, in
office, on account of his religious belief.
On the question. Will the convention agree to the same?
The yeas and nays being called by Mr. Robinson, wete as follow,
viz.
YEAS.
Mr. Robinson Mr. Ogden Mr. Höge Mr. Redick
Edwards Sitgreaves C
NAYS.
, f
Mr. Wilson Mr. M'Kean Mr. Barclay Mr. Boyd
Baker Gray Stout Hand
Roberts Hare Gibbons Graft'
Lewis Jenka Bull Atlec
S8
Hjjnute« op the
NAYS.
. Hubley
Mr. Lower
Mr. Findley
Mr. Shoemaker
Breckbill
Lincoln
Todd
Gloninger
Miller
Groscop
Addison
Brown
Siegle
Gehr
Smilic
Graydon
Reed
Mawhorter
Gallatin
' Pickering
Tyson
■ Dill
Arndt
M'Lene
Gibson
Rhoads
Matthews
Beale
Whitehill
Powel
Morris
Sellers
Power
Piper
Potts
Newlin
Hiester
Snyder
Coates
55
So it was determined in the negative.
It was moved by Mr. Wilson, seconded by Mr. M'Kean, to strike
out the words, in the original section, " of rewards and punishments."
A motion was then made by Mr. lloberts, seconded by xMr. Robinson,
to postpone the said fourth section, together with the proposed amend*
ment,in order to introduce the following as the fourth section:
No religious test shall ever be required as a qualification to any of¬
fice or public trust under this constitution.
On the question, Will the convention agree to the postponement for
the aforesaid purpose?
The yeas and mays being called by Mr. Roberts, were as follow;
YEAS.
Mr. Roberts Mr. Hare Mr. Breckbill Mr. Redick
Gray Edwards Sitgreaves Morris
Robinson Ogden Höge 11
NAYS.
Mr. Wilson Mr. Miller Mr. Mawhorter Mr. Matthews
liaker Siegle Arndt Potts
Levvis Reed Rhoads Coates
M'Kean Tyson Powell Gloninger
Jenks Dill Piper Brown
Barclay Whitehill Snyder Graydon
Stout Power Findley Pickering
Gibbons Hiester Todd Gibson
Bull Lower Addison Beale
Hand Lincoln Smilie Sellers
Graft' Groscop Gallatin Newlin
liubley Gehr M'Lene 47
So it was determined in the negative.
It was moved by Mr. Lewis, seconded by Mr. Potts, to postpone
the amendment moved by Mr. Wilson, in order to insert after the word
" God,' the following: •• the rewarder ofthe ^od and punisKer of the
wicked," and to strike out the words " and a tqture state of rewards
and punishments." Which was determined in the negative.
Amotion was then made by Mr. Sitgreaves, seconded by Mr. Ogden,
to postpone the amendment of Mr. Wilson,in order to strike out the
CONVENTION or 1789-90.
S19
words "who acknowledges the being of a God and a future state of re¬
wards and punishments."
On the question, Will the convention agree to postpone in order to
strike out the said words?
It was determined in the negative, and the said fourth section as
reported by the committee of the whole, adopted.
The tifth section of the said hill of rights being under consideration,
the same was adopted as follows:
That elections shall be free and equal.
The sixth section of the said bill of righfs being under considera¬
tion, the same was adopted as follows:
That trial by jury shall be as heretofore, and the right thereof shall
remain inviolate.
The seventh section of the said bill of rights being under conside¬
ration, viz.
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 restraining
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. But upon indictments for the publication ot papers
investigating the conduct of individuals in their public capacity, or of
those applying or canvassing for office, the truth of the facts may be
given in evidence in justification upon the general issue.
A division of the section was called for by Mr. Ogden and Mr.
Hare, and the question being taken on the several clauses as far as
the word "liberty," it was determined in the affirmative.
A motion was made by Mr. M'Kean, seconded by Mr. Roberts, to
strike out the words " or of those applying or canvassing for office,"
contained in the last clause of the said section.
A motion was then made by Mr. Edwards, seconded by Mr. Findley,
to postpone the said clause and amendment in order to introduce the
following as a substitute, viz.
But upon indictments for the publication of libels the truth of the
facts may be given in evidence in justification upon the general issue.
Adjourned until half past nine o'clock to-morrow, A. M.
SATURDAY, February 20, 1790. A.M.
The convention met pursuant to adjournment.
The motion madeby Mr. Edwards,seconded by Mr. Findley, on the
nineteenth instant, recurring, viz.
To postpone the last clause of the seventh section of the bill of
rights, together with the amendment offered thereto, in order to intro¬
duce the following in lieu thereof, viz.
But upon indictments fur the publication of libels the truth of the
facts may be given in evidence in justification upon the general issue.
After considerable debate thereon, on motion.
Adjourned until half past nine o'clock on Monday next, A. M.
MOMDAT, February 22, 1790. A. M.
The convention met pursuant to adjournment.
Mr. Edwards withdrew his motion of the ninteenth instant to post¬
pone.
S20
MINUTES OF THE
A motion was made by Mr. Addison, seconded by Mr. M'Lene, to
postpone the last clause of the seventh section,*together with the
amendment oftered by Mr, Wilson, in order to introduce the following
as a substitute, viz.
In prosecutions for libels their truth or design may be given in evi¬
dence on the general issue, and their nature and tendency, whether
proper for public information or only for private ridicule or malice, be
determined by the jury.
The yeas and nays, on postponing, being called by Mr. Ogden, were
as follow, viz.
YEAS.
Mr. Wilson Mr. Whitehill Mr. Snyder Mr. M'Lene
Hare Power B'indley Matthews
Edwards Lower Todd Gloninger
Gibbons Lincoln Addison Brown
Bull Groscop Höge Graydon
Boyd Gehr Redick Gibson
Reed Mawhorter Smilie Beale
Dill Powell Gallatin 31
NAYS.
Mr. Baker Mr. Jenks Mr. Breckbill Mr. J. Ross
Roberts Barclay Miller Potts
Lewis Stout Siegle Coates
M'Kean Hand Tyson Shoemaker
Gray Graß' Sitgreaves Pickering
Robinson Atlec Arndt Newlin
Ogden Hubley Rhoads 27
So the question was determined in the affirmative.
A motion v/as then made by Mr. M'Kean, seconded by Mr. Atlee,to
amend the substitute of Mr. Addison, by inserting after the words "for
libels," the following: "against public officers respecting their official
conduct," and after "jury," to insert " under the direction of the
court as in other cases."
The yeas and nays being called, on the first part of the amendment,
by Mr. Ogden, were as follow, viz.
YEAS.
Mr. Baker Mr. Barclay Mr. Hubley Mr. J. Ross
Roberts Stout Breckbill Potts
Lewis Bull Tyson Coates
M'Kean Hand Sitgreaves Shoemaker
Gray Graff Arndt • Pickering
Ogden Atlee Rhoads Newlin
Jenks 25
NAYS.
Mr. Wilson Mr. Edwards Mr. Boyd Mr, Reed
Hare Gibbons Siegle Dill
Whitehill Qehr Addison^ Matthews
CONVENTION OF IfSQ-QO,
NAYS.
Mn Power Mr. Mawhorter Mr. Hege
Hiester Powel Redi-ck
• Lower Snyder Smilie
Lincoln Findley Gallatin
Groscop Todd M'Lene
Mr. Gloninger
Brown
Gray don
Gibson
Beale S3
Soit was determined in the negative, and the second part of the
said amendment being under consideration
On the question. Will the convention agree to the same?
The yeas and nays being called by Mr. M'Kean, were as follow, viz.
YEAS.
Wilson
Mr. Bull
M r. Lower
Mr. J. Ross
Baker
Hand
Lincoln
Gallatin
Roberts
Graff
Groscop
M'Lene
Lewis
Atlee
Gehr
Matthews
M'Kean
Hubley
Sitgreaves
Potts
Gray
Breckbill
Mawhorter'
Coates
Robinson
Miller
Arndt
Shoemaker
Hare
Siegle
Rhoads
Gloninger
Edwards
Reed
Powell
Brown
Ogden
Tyson
Snyder
Graydon
Jenks
Dill
Findley
Pickering
Barclay
Whitehill
Todd
Gibson
Stout
Power
Höge
Beale
Gibbons
Hiester
Redick
Newlin 56
NAYS.
Mr. Boyd Mr. Addison Mr Smilie 3
So it was determined in the affirmative.
Whereupon, on the question, Will thè convention agree to the sub¬
stitute as amended? viz.
In prosecutions for libels their truth or design may be given in evi¬
dence on the general issue, and their nature and tendency, whether
proper for public information, or only for private ridicule or malice, be
determined by the jury, under the direction of the court as in other
cases.
The yeas and nays being called by Mr. Lewis, were as follow:
YEAS.
Mr. Wilson Mr. Whitehill Mr. Mawhorter Mr. Gallatin
Hare Power Snyder M'Lene»-
Edwards Hiester Findley Matthews
Gibbons Lower Todd Gloninger
Boyd Lincoln Addison Brown
Breckbill Groscop Höge Graydon
Reed Gehr Reuick Gibson
Hill Powel Smilie Reale 3fi
222
minutes or THE
NAYS.
Mr. Baker Mr. Jenks Mr. Hubley Mr. J. Ros»
Roberts Barclay Miller Potts
Lewis Stout Siegle Coates
M'Kean Bull Tysou Slioemaker
Gray Hand Sitgreaves Pickeiing
Robinson Graft' Arndt Newlin
Ogden Atlee Riioads 27
So it was determined in the affirmative, and the seventh section of
the bill of riglits,as amended, was then adopted.
Adjourned until half past nine o'clock to-morrow, A. M.
TUESDAY, February £3, 1790. A, jb-.
The convention met pursuant to adjournment.
The eighth section of the seventh article of the proposed plan of
government being under consideration, the same was adopted as fol¬
lows, viz.
That the people shall be secure in their persons, houses, papers
and possessions, against unreasonable searches and seizures, and no
warrant shall issue to search any place, or to seize any person or
things, but on probable cause, supported by oath or affirmation, and
describing them as nearly as may be.
The ninth section of the said seventh article being under considera¬
tion, viz.
That in all prosecutions by indictment the accused hath a right
to be heard by himself and his counsel; to demand the cause and
nature of the accusation; to meet the witnesses face to face; to
have compulsory process for obtaining witnesses in his favor, and a
speedy public trial by an impartial jury of the vicinage; nor can he
be compelled to give evidence against himself; nor can any man be
deprived of his life, liberty or property but by the judgment of his
peers or the-law of the land.
It was moved by Mr. Lewis, seconded by Mr. James Ross, to insert
the word "criminal" before the word prosecutions," and strike out the
words " by indictment," and to insert after the words " favor and'*
the following: " in all proceedings by indictment to."
A division of the question on the said amendments was called for
by Mr. Smilie, and the same being taken the amendments were adopt¬
ed.
A motion was then made by Mr. Wilson seconded by Mr. Atlee, to
re-consider the last of the said amendments, viz. " in all proceed¬
ings by indictment to," in order to strike out the words " all proceed¬
ings," and in lieu thereof to insert the word " prosecutions."
Which was determined in the affirmative, and the said ninth'Sec-
tion thereupon adopted as follows:
That in all criminal prosecutions the accused hath a right to be heard
by himself and his council; to demand the cause and nature of the ac¬
cusation; to meet the witnesses face to face; to have compulsory pro¬
cess for obtaining witnesses in his favor, and in prosecutions by in¬
dictment to a speedy public trial by an impartial jury of the vicinage;
nor can he be compelled to give evidence against himself; nor can any
CONVliNTIOÎî OF 1789-90.
S33
man be deprived of his life, liberty or property but by the judgment of
his peers or the law of the land.
The tenth section of the said seventh article being under considera¬
tion, viz.
That no person shall be proceeded against by information for any
indictable offence, except in cases arising in the land or naval for¬
ces, or in the militia when in actual service in time of war or
public danger ; nor shall any person, 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
on just compensation being made.
A motion was made by Mr. M'Kean, seconded by Mr. Sitgreaves,
to insert after the the words " by information," the words "exofficio."
Which was determined in the negative.
It was then moved by Mr. Lewis, seconded by Mr. Pickering,
to strike out the words "for any indictable offence," and, in lieu
thereof, to insert, after the word " except," the words "for specific pe¬
nalties or forfeitures, or in matters merely civil, or."
Whereupon, on motion of Mr. M'Kean, seconded by Mr. Sitgreaves,
Ordered, That the further consideration of the said section and
amendment be postponed.
The eleventh section of the said seventh article being under conside¬
ration, viz.
That ail courts shall be open, and every freeman for an injury done
him in his lands, goods, person or reputation, shall have remedy by the
duecourse of the law, and right and justice administered to him with¬
out sale, denial or delay,
It was moved by Mr. Wilson, seconded by Mr. Smilie, to strike out
the word "freeman," and, in lieu thereof, to insert the word "man."
Which was determined in the affirmative, and the said section, as
amended, adopted.
The twelfth section of the said seventh article being under conside¬
ration, the same was adopted as follows, viz.
That no power of suspending laws, or the execution thereof, shall be
exercised, unless by the Legislature or by the authority thereof.
The thirteenth section of the said seventh article being under con¬
sideration, viz.
That excessive bail shall not be required, nor excessive fines impos¬
ed, or cruel punishments inflicted.
It was moved by Mr. Sitgreaves, seconded by Mr. Arndt, to strike
out the word " or," and, in lieu thereof, to insert the word " nor."
Which was determined in the affirmative, and the said thirteenth
section, as amended, adopted.
The fourteenth section of the said seventh article being under con¬
sideration, the same was adopted as follows, viz.
That all prisoners shall be bailable by sufficient sureties, unless for
capital ofiences, when the proof is evident or presumption great, and
the privilege of the writ of Habeas Corpus shall not be suspended un¬
less when, in cases of rebellion or invasion, the public safety may re¬
quire it.
A motion was made by Mr. Wilson, seconded by Mr. Power, to in¬
sert the following as the fifteenth section of the said seventh arti¬
cle, viz.
224f
MINUTES OF THB
That no commission of oyer and terminer or gaol delivery shall be
issued.
Which was determined in the affirmative.
The fifteenth section of the said seventh article, as reported by
the committee of the whole, being under consideration, the same was
adopted as the sixteenth section of the said article, as follows, viz.
That the person of a debtor, where there is not a strong presumption
of fraud, shall not be continued in prison after delivering up all his es¬
tate for the benefit of his creditors, in such manner as shall be prescri¬
bed by law.
The sixteenth section of the said seventh article being under con¬
sideration, the same was adopted as the seventeenth section, viz.
That no expost facto law, or law impairing contracts shall be made.
The seventeenth section of the said seventh article being under con¬
sideration, the same was adopted as the eighteenth section, viz.
That no person shall be attainted of treason or felony by the Le¬
gislature
The eighteenth section of the said seventh article being under con¬
sideration, viz.
That no attainder shall work corruption of blood or forfeiture of es¬
tate, to the commonwealth; the estates of such persons as shall de¬
stroy their own lives shall go as in the case of natural death; and if
any person shall be killed by casualty or accident there shall be no
forfeiture by reason thereof.
It was moved by Mr Lewis, seconded by Mr. Boyd, to insert,^after
the word " commonwealth," the words " except during the life of the
offender."
On the question. Will the convention agree to the amendment?
The yeas and nays being called by Mr. Wilson, were as follow, viz.
YEAS.
Mr. Lewis
Roberts
Gibbons
Bull
Boyd
Hand
Graff .
Allee
Mr. Miller
Siegle
Reed
1)111
Whitehill
Lower
Lincoln
Groscop
Mr. Sitgreaves
Arndt
Rhoads
Snyder
Findley
Todd
J. Ross
Mr. Gallatin
M'Lene
Matthews
CcHtes
Gloninger
Gibso n
Beale
NAYS.
Mr. Wilson Mr. Ogden Mr. Hiester Mr. Redick
Baker Jenks Gehr Smilie
Roberts Barclay Mawhorter Potts
M'Kean Stout Powell Shoemaker
Gray Hubley Addison Brown
Hare Breckbill Höge - Graydan
Buwards Power 26
So it was determined in the affirmative, and the same adopted as the
nintcehth section of tlie said article.
CONVENTION OF 1789-90.
i-he nineteenth section of tlie saiü.article being under consideration.
The same was, on motion of Mr. Sitgreaves, seconded by Mr. Mare,
adopted as the twentieth section, as follows,.viz.
'ihat the citizens have a right, in a peaceable manner, to assemble
together for their common good, and to aj'plv to those invested with
the powers of government, for redress of grievances or other proper
purposes, by petition, address or remonstrance.
The twentieth section of the seventh article being under consider¬
ation, viz.
That the right of the citizens to bear arms in defence of themselves
and the state shall not be questioned. But those who conscientious¬
ly scruple to bear arms shall not be compellable to do so, but shall pay
an equivalent for personal service.
it was moved by Mr. Ogden, seconded by Mr. Jenks, to strike out
the remainder of the said second section after the words "shall not
be-questioned.*'
On the question. Will the convention agree tostiikeout the samoi
The yeas and nays bgitig called by Mr. Roberts, were as follow, viz.
YEAS.
Mr. Roberts Mr. Jenks Mr. Breckbill Mr. Shoemaker
Gray Stout Potts Newlin
Ogden 9
NAYS.
Mr. Wilson Mr. Hubley Mr. Mawhorter Mr. Smilie
M'Kean Miller Arndt Gallatin
Robinson Siegle Khoads M'Lene
Hare Reed Powell Matthews
Barclay Dill Snyder Morris
Gibbons \\ hitehill Findley Coates
Bull Power Todd Gloninger
Boyd liiester Addison Brown
Hand Lincoln Redick Beale
Graft" Groscop J. Ross Sellers
Atlee Gehr 42
So it was determined in the negative, and the said section adopted
as the twenty-first of the seventh article.
The twenty-first section of the said seventh article being under con¬
sideration, the same was adopted as the twenty second-section, viz.
That no standing army shall, in time of peace, be kept up with¬
out the consent of the legislature, and the military shall, in all cäses,
and at all times, be kept in strict subordination to the civil power.
The twenty-second section of the said article being under consider¬
ation, the same was adopted as the twenty-third section, as follows,
viz.
That DO 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.
The twenty-third section of the -said article being under considera¬
tion, the same was adopted as the twenty-four^ SilÇtityi/ ag foUpws,
viz. '
39
MINUTES OP THE
That the lejïislalure shall, at no time, grant any title of nobility «r
hcrediti^ry distinction, nor create any office the appointment to which
shall be (nr a longer term than during good behaviour.
The twenty-fourth section of the said article being'under consider*
ation, the same was adopted as the twenty-fifth section, as follows :
That emigration from the state shall hot be prohibited.
The twenty-fifth section of the said article being under considera¬
tion, viz.
To guard against transgressions of the high powers which we have
delegated, WE DECLARE—
That every thing in this article expressed, is excepted out of the
general powers of legislation, and shall for ever remain inviolate.
It was moved by Mr. Wilson, seconded by Mr. Hare, to strike out
the word "legislation," and, in lieu thereof, to insert the word " gov¬
ernment" Which was carried in the affirmative, and the same as
amended, adopted as the twenty sixth section of the said seventh •ar¬
ticle.
Mr, M'Kean renewed his motion, made the eighteenth instant, sec¬
onded by Mr. Gallatin, and the same being.under consideration,
A motion was made by Mr. Pindley, seconded by Mr. Gibbons, to
postpone, the consideration thereof until Thursday next.
It was then, on motion of Mr. Sitgreaves, seconded by Mr. Gallatin,
Ordered, That the further consideration thereof be postponed until
to-morrow.
The tenth section of the said seventh article being again under con¬
sideration, it was movecl by Mr, Lewis, seconded by Mr. James Ross,
to amend the same so as to read as follows :
That no person shall, for any indictable offence, be proceeded
against criminally by information, except in cases arising in the land
and naval forces, or in the militia when in actual service in time of
war or public danger; nor shall any person for the same offence be
twice put in jeopardy of life or lintb ; nor shall any man's property be
taken, or applied to public use, without the consent of his representa¬
tives, and on just compensation being made.
And on tie qoe-tion. Will the convention agree to the same?
It was (letermined in the affirmative, and the said section edopted.
Mr. Addison withdrew his motion of the 18th instant, seconded by
Mr. M'Kean.
Adjourned until half past nine o'clock to-morrow, A. M.
TfED^EiiDAY, February 04, 1790. .Í. M.
The convention met pursuant to adjoumtlient.
A letter from Melchior Steiner, printer to this convention, in the
German language, was read, prayingasum of money may be advanced
him on account; and on motion, and by special order, the same was
read the second time. Whereupon,-
Resolved, That the president be directed to draw an order on the
state treasurer, in favor of Melchior Steiner, for the sum of «eventy-
fiv« ponnds, he being acconntahle therefor.
CONVENTION OF 17S9--Ö0.
The committee appelated die eighteenth oC February« instant, to re¬
vise and correct the report of the committee of the whole, so far as
die same has been amended and adopted in convention, made report
of the following
PLAN OF GOVERNMENT.
ARTICLE I.
^ction I. The legislative power of this commonwealth shall be vest¬
ed'in a general assembly, which shall consist of a senate and house
of representatives.
Sect. II. The representatives shall be chosen annually, by the citi¬
zens of the city of Philadelphia, and of each county respectively, on
the second Tuesday of October.
Sect. III. No person shall be a representative, who shall not have
attained the age of twenty-one years, and have been a citizen and in-
liabitant of the state three years next preceding his election, and the
last year thereof an inhabitant of the city or county in which he shall
be chosen.
Sect. IV. Within three years after the first meeting of the general as¬
sembly, and within every subsequent term of seven years, an enume¬
ration of the taxable inhabitants shall be made, in such manner as shall
be directed by law. The number of representatives shall, at the
several periods of making such enumeration, be fixed by the legis¬
lature and apportioned among the city of Philadelphia and the seve¬
ral counties according to the number of taxable inhabitants in each,
and shall never be less than sixty nor more than one hundred.
Each county shall have, at least, one representative; buttio county
hereafter erected, shall be entitled to a separate representation until
a sufficient number of taxable inhabitants shall be contained within it,
to entitle them to at least one representative, agreeably to the ratio
which shall then be established.
Sect. V. The senators shall be chosen for four years by the citizens,
of Philadelphia and of each county respectively, at the same time, in
the same manner, and at the same places where they shall vote for
representatives.
Sect. VI. The number of senators shall, at the several periods of
making the enumeration before mentioned, be fixed by the legislature,
and apportioned among the districts, formed as hereinafter directed,
according to the number of taxable inhabitants in each ; and shall never
be less than one-fourth, nor mure than one-third of the number of rep¬
resentatives.
Sect. VII. The senators shall be chosen in districts to be formed by
the legislature, each, containing as nearly as may be, such a number of
taxable inhabitants as shall be entitleil to eject one senator: Where that
cannot be done, then such number of adjoining counties shall be form¬
ed into one district as shall be entitled to elect not more than four
senators ; but neither the city of Philadelphia, nor any county, shall
be dividcui in forming a district.
Sect. VIII. No person shall be a senator who shall not have attain¬
ed the age of twenty-five years; and have been a citizen and inhab¬
itant of the state four years, next before his election, and the last year
thereof an inhabitant of the district for which he shall bq chosen.
MINUTES OP THE
Sect. IX. Immediately after the senators sliall be as&emUed in
consequence of the first election subsequent to the first enumera¬
tion, they shall be divided, by lot, as equally as may be, into
four classes. The seats of the senators of the first class shall be va¬
cated at the expiration of the first year; of the second class, at the
expiration of the second year; of the third class, at the expiration of
the third year; and of the fourth class, at thè expiration of the fourth
year; so that one-fourth may be chosen every year.
Sect. X. The general assembly shall meet on the first Tuesday of
December in every year, unless sooner convened by the governor.
Sect. XI. Each house shall choose its speaker and other officers
and the senate shall also choose a speaker pro tempore, when the
speaker shall exercise the office of governor.
Sect. XII. Each house shall judge of the qualifications of its own
members; but contested elections shall bedetermi led by a committee,
to be selected in such manner as shall be directed by law: A majori¬
ty of each house shall constitute a quorum to do business; but a
smaller number may adjourn from day to day, and may be authorised,
by law, to compel the attendance of absent members in such manner,
and under such penalties, as may be provided.
Sect. XIII. Each house may determine the rules of its proceedings,
punish its members for disorderly behaviour; and with the concurrence
of two-thirds, expel a member, but not a second time for the same cause,
and shall have all other powers necessary for either branch of the
legislature of a free state.
Sect. XIV. Each house shall keep ajournai of its proceedings, and
publish them weekly, except such parts as may, in their ju^ment,
require secrecy; And the yeas and nays of the members, on any
question, shall, at the desire of any two'of them, be entered on the
journals.
Sect. XV. The doors of each house shall be open, unless when the
business shall besuch as, in their judgment, ought to be kept secret.
Sect. XVI. Neither house shall, without the consent of the other,
adjourn for more than three days, nor to any other place than that in
which the two houses shall be sitting.
Sect. XVII. The senators and representatives shall receive a com¬
pensation for their services, to be ascertained by law, and paid out of
the treasury of the commonwealth. They shall, in all cases except trea¬
son, felony and breach of the peace, be privileged from arrest, during
their attendance at the session of the respective houses, and in going to
and returning from the same ; and for any speech or debate in either
house they shall not be questioned in any other place.
Sect. XVIII. No senator or representative shall, during the time for
which he was elected, be appointed to any civil office, under the author¬
ity of this commonwealth, which shall have been created, or the emolu¬
ments of which shall have been increased during such time : And no
member of congress or other person holding any office, except in the
militia, under the United States or this commonwealth, shall be a
member of either house during his continuance in congress or in office.
Sect. XIX. When vacancies happen in either house, the speaker of
that house shall issue writs of election to fill such vacancies.
Sect. XX. All bills for raising revenue shall originate in the house
of rgpresentatives ; but the senate may propose or concur with amend¬
ments, as in other bills.
COm'ENTION OF 1^89-90.
Sect. XXI. No monejr shall be drawn? from tiie treasury, but in
consequeACe of appropriations made by law.
Sect. XXII. Every bill, which shall have passed the house of repre¬
sentatives and the senate, shall, before it become a law, be presented to
the governor. If he approve, he shall sign it; but if he shall not approve
it, he shall return it, with his objections, to the house in which it shall
have originated, who shall enter the objections at large upon their jour¬
nals, and proceed to re-consider it. If, after such re-consideration, two-
thirds of that house shall agree to pass the bill, it shall be sent, togeth¬
er with the objections, to the other house, by which it shall likewise
be re-considered, and if approved by two-thirds, of that bouse, it shall
become a law But in all such cases, the votes of both houses shall
be determined by yeas and nays, and the names of the persons voting
for or against the bill shall be entered on the journals of each house
respectively. If any bill shall not be returned by the governor within
ten days (Sundays excepted) after it shall have been presented to
him, it shall be a law in like manner as if he had signed it; unless the
general assembly, by their adjournment, prevent its return, in which
case it shall be a law, unless sent back within three days after their
next meeting.
Sect. XXill. Every order, resolution or vote, to which the concur¬
rence of the senate and house of representatives may be necessary (ex¬
cept on a question of adjournment) shall be presented to the governor,
and before the same shall, take eflfect, be approved by him; or, being
disapproved shall be re-passed by two thirds of the senate and house
of representatives, according to the rules and limitations prescribed
in case of a bill.
ARTICLE II.
Section I. The supreme executive power of this commonwealth
shall be vested in a governor.
Sect. IL The governor shall be chosen on the second Tuesday of Oc¬
tober, by the citizens throughout the commonwealth, at the places where
they shall respectively vote for representatives. The returns of every
election for governor shall be transmitted to the seat of government, di¬
rected to the speaker of the senate, who shall open and publish them
in the presence of the members of both houses of the legislature. The
person having the highest number of votes shall be governor; but if two
or more shall be equal and highest in votes, one of them shall be cho¬
sen governor by the joint vote of the members of both houses. Con¬
tested elections shall be determined by a committee to be selected from
both bouses of the legislature, in such manner as shall be directed
by law.
Sect. III. The governor shall hold hisoflSce during three years from
the third Tuesday of December next ensuing his election, and shall
not be capable of holding his office longer than nine in any terra of
twelve years.
Sect. IV. He shall be, at least, tiiirty years of age; and have been a
citizen and inhabitant of thi.s state seven years next before his elec¬
tion ; unless he shall have been absent on the public business of the
United States, or of this state.
Sect. V. No jnember of congress, or person holding any office un¬
der the United States or this state, shall be capable of exercising the
office of governor.
S30.
MINUTES OF THE
Sect. VI. Thegovernor sliall, atstated times, receive for hia services
a compensation', whicli shall be jaeither increased nor diminished du>
ring the period for whici» he shall have been elected.
Sect. VlL He shall be commander in chief of the army and navy of
this commonwealth, and of the militia, except when they shall be cal¬
led into the actual service of the United States.
Sect. Vm. He shall appoint all officers whose offices are established
by this constitution or shall be established by law, and whose appoint¬
ments are not herein otherwise provided for; but no person shall bje
appointed toan office within any county, who shall not have been a cit¬
izen and inhabitant therein one year next before his appointment, if it
shall have been so long erected, but if that shall not be the case, then
within the limits of the original county or counties out of which it shall
have been taken. No member of congress from this state, nor any per¬
son holding or exercising any office of trust or profit under the United
States, shall at the same time, hold and exercise the office of sheriff,
or any office in the gift of the legislature or of the governor, other than
in the militia, or commission of the peace, notaries public and sworn
interpreter of languages in this state.
Sect, IX. AH 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.
Sect. X. He shall have power to remit fines and forfeitures, and
grant reprieves and pardons, except in cases of im{teachment.
Sect. XI. He may require information, in writing, from,the officers
in the executive department upon any subject relating to the duties of
their respective offices.
Sect. XII. He shall from time to time, give to the general assembly
information of the state of the common wealth, and recommend to their
consideration such measures as he shall judge necessary or expedient,
Sect. Xlll. He qiay, on extraordinary occasions, convene the gene-
yal assembly, and in case of disagreement between the two houses with
respect to the time of adjournment, adjourn them to such time as he
shall think proper, not exceeding four months.
Sect. XIV. He shall take care that the laws be faithfully executed.
Sect. XV. In casq of thq death or resignation of the governor, or of his
^-emoval from office, the speaker of the senate shall exercise the office of
governor, until another governor, who shall in such case, be chosen at the
next annual election, §hgll be duly qualified and commence the exercise
of his office- And if the trial of a contested election shall continue
longer than uptil tl\y third Tuesday in December next ensuing the
election of a governor, the governor of the last year, or the speaker of
the senate, who may be iii the exercise of the executive authority, shall
continue therein until the determination of such contested election,
and until a governor shall be qualified as aforesaid.
Sect Xyi. The state treasurer shall be appointed annually, by the
joint vote of the members of both houses. AU other officers in the
treasury department, election officers, officers relating to taxes, to the
poor and highways, constables and other township officers, shall be ap¬
pointed in such manner as is or shall be directed by law.
Sect XVII. A secretary shall lie appointed and commissioned during
the governor's continuance in office, if he shall so long behave himself
well. He shall keep a fair register of all the official açts and proceed¬
ings of the executive department, and shall, when required, lay the
CONVENTION OF 1789-9Q.
331
same and all papers, minutes and vouchers relative thereto, bcrore eith¬
er branch «f the legis:ature, and shall perform such other duties as
shall be enjoined him by law.
ARTICLE III.
Section I. In elections by the citizens every freeman of the age of
twenty-one years, having resided in the state two years next before the
days of the elections respectively, and within that lime paid a state or
county tax, which shall have been assessed upon him at least six
months before the election, shall enjoy the rights of an elector ; provi¬
ded that the sons of persons qualihed as aforesaid, between the age of
twenty-one and twenty-two years, shall be entitled to vote altliougli
they shall not have paid taxes.
Sect. IL All elections shall be by ballot, except those by persons in
their representative or public capacities, who shall vote viva voce, un¬
less in the choice of committees and their own officers.
Sect. III. Electors shall, in all cases, except treason, felony and
breach of the peace, be privileged from arrest during their attend¬
ance on elections, and in going to and returning from thfm.
ARTICLE IV.
Section I. The house of representatives shall haVe the sole power of
impeaching.
Sect. IL All impeachments shall be tried by the senate : When sit¬
ting for that purpose, the senators shall be on oath or affirmation. No
person shall be convicted without the concurrence of two-thirds of the
members present. ^
Sect III. The governor and all other civil officers under this com¬
monwealth shall be liable to impeachuient for any misdemeanor in of¬
fice ; but judgment, in such cases, shall not extend furtheV than to re¬
moval from office and disqualification to hold any office of honor, trust
or profit under this commonwealth : the party convicted shall, never¬
theless, be liable to indictment, trial, judgment and ponisbment ac¬
cording to law,.
ARTICLE V.
Section I. The judicial power of this commonwealth shall be vested
in a supreme court, in courts of oyer arid terminer and general gaol de¬
livery, in a court of common pleas, orphans' court, register's court and
a court of quarter sessions of the pea'cefor each county, injustices of
the peace, and in such other courts as tlie legislature may, from time
time, establish.
Sect. II. The judges of the supreme court and of the several courts
of common pleas shall hôld their oliices during good behaviour: but for
any reasonable cause which sháll not be sufficient ground of impeach¬
ment. the governor may remove any of them on the address of two-
Rilrds of each branch of tiie 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 ari edequatc compensation
to be fixed by law, which Shall not be diminished during their contin¬
uance in office': Rut they shall receive no fees or perquisites ofoffico,
nor hplü any other office of profit under this^ommonwoaUh.
23S
MINUTES OF THE
Sact. III. The jurisdiction of the supreme court shall extend oTer
the state, and the judges tliereoi shall, by virtue of their offices,
be justices of oyer and terminer and general gaol delivery, in the seve¬
ral counties.
Sect. IV. Until it shall be otherwise directed by law, the several courts
of common picas 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, by law, divided 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, du¬
ring his continuance in office, shall reside therein. The president and
judges aforesaid, any two of whom shall be a quorum, shall compose
the respective courts of common pleas.
Sect. V. The judges of the court of common pleas in each county
shall, by virtue of their offices, be justices of oyer and terminer and gen¬
eral jail delivery for the trial of capital and other offenders therio; and
any two of whom, the president being one, shall be a quorum; but they
shall not hold a court of Oyer and terminer or jail tielivery in any
county when the judges of the supreme court, or ahy of them, shall
be sitting in the same county. The party accuseil, 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.
Sect. VI. The supremo court and the several cour s of common pleas
shall, beside the powers heretofore usually exercised by them, have
the power of a court of chancery so far as relates to the perpetuating of
testimony, the obtaining ofevidence 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, as soon as conveniently may be, vest in the
said courts such other powers to grant relief in equity as shall be
found necessary: and may, from time time, enlarge or diminish those
powers; or vest them in such other courts as they shall judge proper
tor the due administration of justice.
.Sect. VII. The judges of the court of common pleas in each county,
any two of whom shall be a quorum; shall compose the court of quar¬
ter sessions of the peace and orphans' court therein : And the register
of wills, together with the said judges, or any two of them, shall com¬
pose the register's court in the respective counties.
Sect. VIII. 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 tlie justices of the peace,
and to cause their proceedings to be brought before tliem and
the like right and justice to be done.
Sect. IX. Tiie president of the courts in each circuit shall, within
such circuit, and the judges of the courts of common pleas shall, with¬
in their respective counties, be justices of the peace so far as relates
to criminal matters.
Sect. X. The governor shall appoint and commission a competent num¬
ber of justices of the peace in convenient districts in each county, to
be fixed in" such manner as shall be directed by law. They shall
be commissioned during good behaviour ; but may be removed on con-
victiuo of misbehaviour in office or of any intamous crime, or on the ad¬
dress of both houses of the legislature.
CONVENTION pp 1789-90.
Sect. XL A register's office for the probate of wills and granting let¬
ters of adpiinistration, and an office for the recording of deeds sh^l be
kept in each county.
Sect. XII. Prothonotaries, clerks of the peace and orphans' courts,
recorders of deeds, registers of wills and sheriff's shall keep their of-
f\pe8 in the county town of the county in which they respectively shall
be officers.
Sect. XIII. The stile of all.process shall be Tke commonwealth of
Pennsylvania : all prosecutions shall be carried on in the name and by
the anthority of the commonwealth of Pennsylvania, and conclude,
against the peace and dignity of the same.
ARTICLE VI.
Section I. Sheriff's and coroners shall, at the places of election of
representatives, be chosen by the citizens of each county respectively.
Two persons shall be chosen for each office, one of whom for each shall
be commissioned by the governor. They shall hold their offices for three
years and until a successor be duly qualified ; but no person shall be
twice chosen or appointed sheriflfin any term of six years.
Sect. II. The freemen of this commonwealth shall be armed and
disciplined for its defence : The militia officers shall be. appointed in
such manner and for such time as shall be directed by law.
It was moved by Mr. Lewis, seconded by Mr. Whitehill, to re-coir*.
aider the fifteenth section of the said first article, in order to insert be¬
fore the words " shall be open," the words "and of the place where
they shall respectively sit in a committee of the whole."
Which was determined in the affirmative, and the said fifteenth
section, as amended, adopted.
A motion was made by Mr. Lewis, seconded by Mr. Edwards, to
re-consider the twenty-second section of the said first article, in order
to amend the same so as to read as follows, viz.
Section XXII. Every bill, which shall have passed the house of rep¬
resentatives and the senate shall, before it become a law, be presented
to the governor. If he approve, he shall sign it ; but if he shall not ap¬
prove it, he shall return it, with his objections, to that house in which
it shall have originated, who shall proceed to re-consider it. If, after
such re-consideration, two-thirds of that house shall agree to pass the
bill, it shall be sent, together with the objections, to the other house,
by which it shall likewise be re-considered : And, if approved by two-
thirds of that house, it shall be again sent, with the reasons of both
houses, to be agreed on by a joint committee from each of them, tothq
governor, who shall sign it if he approve of it ; but if he does not ap¬
prove of it, he shall again send it to the house in which it originated j
and if it shall be approved of by two thirds of each house, become a
law. But in all such cases, the votes of both houses shall be deter¬
mined by yeas and nays, and the names of the persons voting for or
against the bill shall, together with the objections and reasons, be en¬
tered on tjie journals of each house respectively. If any bill shall not
be returned by the governor within ten days (Sundays excepted) after
it shall be presented to him, the same shall be a law in like manner
as if he had signed it, unless the general assembly, by their adjourn¬
ment, prevent its return, in which case it shall be a law, unless sent
back within three days after their next meeting.
no
WJNUTES OP THE
On the question, Will the convention agree to re-consider the
said section for the aforesaid purpose ? The yeas and nays being call¬
ed by Mr. Lewis, were as follow, viz.
YEAS.
Mr. Lewis Mr. Edwards Mr. Mawhorter Mr. M'Lene
M'liean Gibbons Find ley lîeale
Gray Iliester Redick 11
NAYS.
Mr. Wilson Mr. Atlee- Mr. Gehr Mr. Matthews
Baker Ilubley Sitgreaves Moiris
Roberts Breckbill Arndt Potts
Robinson Miller Rhoads Coates
Hare Siegle Powell Shoemaker
Ogden Reed Snyder Gloninger
Jenks Tyson Todd Brown
Barclay Dill Addison Graydon
Stout Wbitehill Höge Pickering
Bull Power J.Ross^ Gibson
Boyd Ijower Smilie Sellers
Hand Lincoln Gallatin Newlin
Graff Groscop 50
So it was determined in the negative.
A motion was made by Mr. Pickering, seconded by Mr. Wilson, to
adopt the following title to the plan of government, viz.
The constitution of the commonivealth of Pennsylvania, as altered and
amended by the convention for that purpose freely chosen and assem¬
bled, and by them proposed for the consideration of their constituents.
We, the people of the commonwealth of Pennsylvania, ordain and estab¬
lish this constitution for its government.
On the question, Will the convention agree to the same ? It was
determined in the affirmative. M'hereupon,
On motion of Mr. Lewis, seconded by Mr. Lower,
Resolved, That three thousand five hundred copies in the English,
and one thousand five hundred in the German language, of the con-
stitutution of this commonwealth, as altered and amended, be printed
for the information of the citizens and inhabitants of this state.
On motion, Ordered, That Mr. Wilson be added to the committee
appointed to superintend the press.
It was moved by Mr. Wilson, seconded by Mr. Findley, to re-con¬
sider the second section of the second article of the said proposed plan
of government, in order to insert, after the word " transmitted," the
words " under seal." Which was determined in the affirmative.
On motion of Mr. Addison, seconded by Mr. Höge,
The order of the day for taking into consideration the motion of Mr.
M'K-ean, seconded by Mr. Gallatin, made the eighteenth instant, was
postponed.
A motion was made by Mr. Wilson, seconded by Mr. Hubley, to
transpose the twelfth section of the fiftli article so as to institute it as
the third section of the sixth urtUle of the proposed plan of govern-
incut; viz.
CONVENTION OP 1789-90.
2BS
l?i*othonotaries, clerks of the peace and orphans' courts, recorders
of deeds, registers of wills anil sheriffs, shall keep their offices in the
county town of the county in which they respectively shall be oflicers.
It was moved by Mr. Lewis, seconded by Mr. Pickering, to add
the following clause to the said section, viz.
Unless when the governor shall, for special reasons, dispense there¬
with for any term not exceeding years after the county shall
Itave been erected.
A motion was then made by Mr. Robinson, seconded by Mr. Sit-
greaves, to strike out the following words contained in the said
amendment, viz. " for any term not exceeding years after
the county shall have been erected."
On the question. Will the convention agree to strike out the said
words ? It was determined in the negative, and the additional clause
to the said section, proposed by Mr. Lewis, adopted
On motion of Mr. Shoemaker, Ordered, That the blanlt be filled
with the word "five."
On the question. Will the convention agree to the section as
amended, viz,
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 there¬
with for any term not exceeding five years after the county shall have
been erected r"
The yeas and days being called by Mr. Wilson, were as follow, viz.
YEAS.
Mr.
Wilson
Mr. Stout
Baker
Gibbons
Roberts
Bull
Lewis
Hand
Hare
Graff
Edwards
Atlee
Ügden
Hubley
Jenks
Breckbill
Barclay
Miller
Mr.
Siegle
T yson
Dill
Sitgreaves
Snyder
Addison
lloge
J. Ross
Mr.
Potts
Coates
Shoemaker
Gloninger
Graydon
Pickering
Sellers
JNewlin
34
NAYS.
Mr. M'Kean Mr. Hiester Mr. Rhoads Mr. M'Lxne
Gray Lower Powell Matthews
Robinson, Lincoln Findley Morris
Boyd Groscop Todd Brown
Reed Gehr Redick Gibson
Whitehill Mawhorter Smilie Beale
Power Arndt Gallatin 27
So it was determined in the affirmative, and the same adopted as
the third section of the said sixth article.
The convention then took into consideration the schedule, as re-
.ported by the committee of five, for putting the government into ope¬
ration, and the first section being under consideration, the same was
adopted as follows, viz.
MÏKUTES OP l'HE
I. That all laws of this cnmmonwealtli, in force at the time of ma*
king the saiti alterations and amendments in the said constitution, and
liot'inconsistent therewith, and all rights, actions, prosecutions, claims
and contracts, as well of individuals as of bodies corporate, shall con¬
tinue as if the said alterations and amendments had not been made.
The second section of the said schedule being under considera¬
tion, viz.
II. That all officers in the appointment of the executive depart¬
ment, shall continue in the exercise of the duties of their respective
offices until the day of unless their com¬
missions shall sooner expire by their own limitations, or the said offices
become vaf ant by death or resignation, and no longer, unless re-ap¬
pointed and commissioned by the governor. Except that the judges of
the supreme court shall hold their offices for the terms in their com¬
missions respectively expressed.
It was moved by Mr. James Ross, seconded by Mr. Sitgreaves, to
fill the blank with the word " first,'' and to add, after the words "day
of," the following, "September, one thousand seven hundred and
ninety-one."
Which was determined in the affirmative, and the said section, as
amended, adopted.
The third section of the said schedule being under consideration,
the same was adopted as follows, viz.
III. That justice shall be administered in the several counties of the
state, until the period aforesaid, by the same justices, in the same
courts, and in the same manner as heretofore.
The fourth section of the said schedule being under consideration,
the same was adopted as follows, viz.
IV. That the president and supreme executive council shall continue
to exercise the executive authority of this commonwealth as heretofore,
until the third Tuesday of December next; but no intermediate vacan¬
cies in the council shall be supplied by new elections.
The fifth section of the said schedule being under consideration,
the same was adopted as follows, viz.
Y, That until the first enumeration shall be made, as directed in the
fourth section of the first article of the constitution established by this
convention, the city of Philadelphia and the several counties shall be
respectively entitled to elect the same number of representatives as is
now prescribed by law
The sixth section of the said schedule being under consideration,
viz.
VI That the first senate shall consist of seventeen members, to be
chosen in districts formed as follows, to wit: The city of Philadelphia,
the county of Philadelphia, and the county of Delaware, shall be a dis¬
trict, and sliall elect three senators; the county of Chester shall be a
district, and shall elect one senator; the county of Bucks shall be a dis¬
trict, 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
und York shall be a district, and shall elect three senators; the counties
of Berks and Dauphin shall be a district, and shall elect two senators;
the counties ot Cumberland and Huntingdon shall be a district, and
«hail elect one senator; tlie counties of Northumberland, Luzerne and
Mifflin shall be a district, and shall elect one senator; the cuuuties of
CONVENTION OP 1789-90.^ 237
Bedford and Franklin shall be a district, and shall elect one senator;
the counties of Westmoreland, Fayette arid Allegheny shall be a dis¬
trict, and shall elect one senator; and the county of Washington shall
be a district, and shall elect one senator; which senators shall serve
until the first enumeration before mentioned shall have been made,
and the representation in both branches of the legislature shall be es¬
tablished by law, and chosen as in the constitution is directed. Any
vacancies which shall happen in the senate within the said time, shall
be supplied as prescribed in the nineteenth section of the first article.
It was moved by Mr. Gallatin, seconded by Mr. Matthews, t»
strike out the word " seventeen," and, in lieu thereof, to insert the
words "twenty-three."
On the question. Will the converttion agree to the same ? The
yeas and nays being called by Mr. Gallatin, were as follow, viz.
YEAS.
Mr. Reed
Dill
Whitehill
Hiester
Lower
Lincoln
Mr. Wilson
Baker
Roberts
Lewis
M'Kean
Gray
Robinson
Hare
Oïden
Mr. Groscop
Gehr
Mawhorter
Powell
Snyder
Findley
Mr.
Todd
Addison
Redick
Smilie
Gallatin
M'Lene
Mr. Jenks
Barclay
Stout
Gibbons
Bull
Boyd
Hand
Graff
Atlee
Mr. Matthews
Gloninger
Brown
Gibson
Beale
23
NAYS.
Mr. Hubley
Breckbill
Alliier
Siegle
Tyson
Power
Sitgreaves
Arndt
Rhoàds
Mr. J. Ross
Morris
Potts
Coates
Shoemaker
Graydon
Pickering
Sellers
Newlin 36
So it was determined in the negative.
Amotion was then made by Mr. Sitgreaves, seconded by Mr. Wil¬
son, to strike out the word "seventeen," and, in lieu thereof, to insert
the word "eighteen."
On the question. Will the convention agree to the same? The yeas
and nays being called by Mr. Reed, were as follow, viz.
YEAS.
Mr. Wilson
Baker
Roberts
M'Kean
Gray
Robinson
Hare
Edwards
Ogden
Jenks
Barclay
Mr. Stout
Gibbons
Boyd
Hand
Atlee
Hubley
Breckbill
Miller
Siegle
Tyson
Mr^ Power
Lower
Lincoln
Sitgreaves
Arndt
Rhoads
Powell
Snyder
Todd
Addison
Mr. Höge
Redick
J. Ross
Smilie
Gallatin
M'Lene
Morris
Coates
Graydon
Pickering
4t
S38
MINUTES«F THE
NAYS.
Mr. Lewis Mr. Wliitehill Mr. Findiey Mr. Gibson
Bull Hiester Matthews Beate
Graft" Groscop Shoemaker Sellers
Heed Gehr Gloninger Newiin 19
Dill Mawhorter Brown
So it was determined in the affirmative.
It was moved by Mr. Sitgreaves, seconded by Mr. Çlraydon, to
transpose the words "Mifflin" and "Huntingdon," in the said sec¬
tion.
Which was determined in the affirmative.
It was then moved by Mr. Sitgreaves, seconded by Mr, Ogden, to
insert, alter the word "Westmoreland," the word "Washington; "
and, before the words "and the county of Washington," to strike oOt
the words "one senator," and insert, in lieu thereof, "three senators;"
and strike out the words "andthe county of Washington shall be adis-
ti ici, and shall elect one senator" so as that the same should read "And
the counties of Westmoreland, Washington, Fayette and Allegheny
shall 'be a district, and shall elect three senators."
A motion was then made by Mr. James Ross, seconded by Mr Red-
ick, to amend the said section by striking out the word "one," after
the words "and the county of vVashington shall be a district, and shall
elect," and to insert, in lieu thereof, the word " two," and to trans¬
pose the word "Fayette" so as to read "Washington and Fayette."
Wliereupon, on motion. Ordered that the further consideration of
the said section and amendments, be postponed.
On motion,-Ordered that Mr. Baker, Mr. Barclay"ad Mr. Glaning-
er be a committee treasurer to settle and adjust the accounts of the
accaunts of the expenses of this convention.
Adjourned until half past nine o'clock to-morrow, A. M.
TIlUItSBAY, February 25//;, 1790. Jl. M.
The convention met pursuant to adjournment.
The schedule for the organiz.ation of the proposed government l)e-
ing under consideration.
It was moved by Mr. Wilson, seconded by Mr. M'Lene, to post¬
pone tiie further consideration thereof.
Which was determined in tiie ailirmative.
Amotion was then made by Mr. James Ross, seconded by Mr.
M'Keau, to re-consider the eighth section of the second article, in
order to strike out the last clause thereof, and, in lieu thereof, to in¬
sert the following, viz..
No member of congress from this state, nor .any person holding
or exercising any office of trust or proftt under the United States, shall,
at the same time, hold or exercise the office of judge, secretary,
treasurer, prothonotary, register of wills, recorder tf deeds, sheriff,
or any office in the state to which a salary is by law annexed, or any
other office which future legislatures shall declare incompatible with
offices or appniniments under the United States.
On the question, Will the convention agree to re-consider for the
aforesaid purpose ? —The yeas and nays being called by Mr. Wilson^
were as follow, viz.
CONVENTION OP 1789-90. S39
YEAS.
Mr. Wilson
Mr. Stout
Mr. Reed
Mr. Gallatin
Baker
Gibbons
Tyson
M'Lene
Roberts
Bull
Dill
Potts
Lewis
Boyd
Sitgreaves
Coates
M'K.e;m
Hand
Snyder
Shoemaker
Gray
Graft"
Findley
Gloninger
Robinson
Atlee
Todd
Brown
Edwards
Ilubley
Addison
Graydon
Ogden
Breckbill
Huge
Gibson
Jenks
Miller
Redick
Sellers
Barclay
Siegle
J. Ross
Newlin 44
NAYS.
Mr. Whitehill
Mr. Lincoln
Mr. Rhoads
Mr. Matthews
Power
Groscop
Powell
Morris
Diester
G ehr
Piper
Beale 15
Lower
Arndt
Smilie
So it was determined in the affirmative.
It was then moved by Mr. Wilson, seconded by Mr. M'Kcan, to
strike out the words contained in the amendment, vi/,. "Member of
congress from this state, nor any.*'
Which was determined in the negative.
A motion was then made by M. Lewis, seconded by Mr. Edwards,
to strike out the word "judge," and, in lieu thereof, to insert the
words "jutices of any court."
Which was determined in the negative, and the said eighth section
of the second article, as amended, adopted.
Whereupon, on motion of Mr. Sitgreaves, ordered, that the .sec¬
ond article of the proposed plan of government be transcribed for the
press.
On motion of Mr. Addison, seconded by Mr. Power, ordered, that
the third, fourth, fifth, and sixth articles of the said plan of govern¬
ment be transcribed for the press.
Tlie scliedule for the organization of the proposed government, a-
gain recurring, and tlie sixth section thereof being under considera¬
tion, Mr. Sitgreaves withdrew his amendment proposed yesterday.
Whereupon, the amendment moved yesterday by Mr. James Uoss,
seconded by Mr. Redick, recurring, the same, with the section as
amended, was adopted as follows, viz.
VI. That the first senate shall consist of eighteen members, to be
chosen in districts formed as follows, viz. Tlie city of Philadelphia,
the county of Philadelphia, and the county of Delaware shall be a dis¬
trict, and shall elect three senators ; the county ofChester shall be a
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 Northamp¬
ton shall be a district, and shall elect one senator; the counties of
Lancuwter and York shall be a district, and shall elect three senators ;
the counties of Berks and Dauphin shall be a district, and shall eleoc
S40
MINUTES OP THE
two senators; the counties of Cumberland and Huntingdon shall be a
district, and elect one senator; the counties of Northumbeiland,
Luzerne and Mifflin shall be a district, and shall elect one senator; the
counties of Bedford and Franklin shall be a district, and shall elect
one senator; the counties of Westmoreland and Allegheny shall ^ a
district, and shall elect one senator ; and the counties of Washing¬
ton and Fayette shall be a district and shall elect two senators: which
senators shall serve until the first enumeration before mentioned
shall have been made, and the representation in both branches of the
legislature shall be established by law, and chosen as in the consti¬
tution is directed. Any vacancies which shall happen in the senate
within the said time, shall be supplied as prescribed in the nine¬
teenth section of the first article.
The seventh section of the said schedule being under considera¬
tion, the same was adopted as follows :
VII. That the elections of senators shall be conducted, and the re¬
turns thereof made to the senate, in the same manner as is prescri¬
bed by the election laws of the state for conducting and making re¬
turns of the elections of representatives. In those districts which,
consist of more than one county, the judges of the district elections
witliin each county after having fonneJ a return of the whole election
within that county, in such manner as is directed by law, shall send
the same, by one or more of their number, to such place, herein after
mentioned, within the district of which such county is a part; where
the judges, so met, sliall compare and cast up the several county re¬
turns, 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 of the counties of
Philadelphia and Delaware shall meet at 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 borough 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, in the county of Cumber¬
land, at the house now accupied by David Miller; the judges of the
district composed of the counties of Northumberland, Luzerne and
Huntingdon shall meet at the court house in the town of Sunbury ; the
judges of tue district composed of the counties of Bedford and Frank¬
lin shall meet at the house now occupied by John Dickey, in Air town¬
ship, Bedford county; the judges of the district composed of the
counties of Westmoreland and Allegheny shall meet at the courthouse
in the town of Grecnsburough, in Westmoreland county; and the judg¬
es of the district composed of the counties of Washington and Fay¬
ette shall meet at the court house in the town of Washington, in
Washington county, on the third Tuesday of October respectivly,
for the purpose aloresaid.
The eighth section of the said schedule being under consideration, it
was moved by Mr. Hand, seconded by Mr. bitgreaves, to amend the
same so as to read as follows, viz.
VIII. 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 up by the judges of the elections, and trasmitted to the presi-
CONVENTION OP í78í)-90.
^41
tîènt ul" the supreme executive council, directed to the speaker of the
senate as soon after the election as may be.
Which was determined in the affirmative, and the said section, as
amended, adopted.
A motion was made by Mr. Hubley, seconded by Mr. Addi¬
son, to insert the following as the fifth section of tlae said schedule, viz.
That no person now in commission as sheritf shall be eligible at the
next election for a longer term than will, witii the time which he shall
have served in the said office, complete the term of three years.
M'hich was determined in the affirmative, and the said section adop*
ted.
It was moved by Mr. Wilson, seconded by Mr. Hubley, to insert
the following sections as the seventh article of the proposed plan of
government, viz.
Section I. A school or schools shall be established in each county
for the instruction of youth, and the state shall pay to the masters
such salaries as shall enable them to teach at low prices.
Section II. The arts and sciencesshall be promoted in one or more
seminaries of learning.
Seotion III. Religious societies and corporate bodies shall be pro¬
tected in their rights, privileges, immunities and estates.
On motion. Ordered, that the fourth section of the said schedule be
transposed-and placed as the second section, therein.
A motion was made by Mr. James Ross, seconded by Mr. Sit-
greaves, to re-consider the seventh section of the bill of rights in or¬
der to amend the same by striking out the last clause, viz.
In prosecutions for libels, their truth or design may be given in evi¬
dence on the general issue, and their nature and tendency, whether
proper for public information, or only for private ridicule or malice,
be determined by tiie jury. And to insert the foilowingin lieu thereof:
"But upon indictments for the publication of papers investigating
the conduct of individuals in their public capacity^ or of those apply¬
ing or canvassing for office, the truth of the facts may be given in ev¬
idence in justification upon the general issue, and the jury shall have
the same right to determine thereon as in other cases."
On the question. Will the convention agree to re-consider for the
aforesaid purpose? The yeas and nays being called by Mr. Ogden,
were as follow, viz.
YEAS.
Mr, Baker
Roberts
Lewis
M'Rean
Gray
Robinson
Hare
Ogden
■Mr, Wilson
Edwards
Gibhon.s
Mr. Jcnks
Barclay
Stout
Bull
Hand
Graft'
Atlee
Mr. Hubby
Miller
Siegle
Tyson
Sitgreaves
Arndt
Rhuads
Mr. J. Ross
Morris
Coates
.Shoemaker
Bickering
Sellers
Kewhn 29
NAYS.
Mr. Boyd Mr. Dill Mr. Heister
Breckbill Whitehill Lower
Reed Power Lincoln
:î1
MINUTES OP THE
NAYS.
Mr. Findley Mr. Stnilie Mr. fijrown
I'odd Gallatin Graydon
Addison M'Lene Gibson
Höge Matthews Bealç
liedick Gloninger SI
So it was determined in the negative.
A motion was made by Mr. James Ross, seconded by Mr. M'Kean,
to re-consider the nineteenth section of the bill of rights, in order to
amend the same so as to read as follows, viz.
That no attainder shall work corruption of blood or, except daring
the life of the efitndir, forfeitiii e oí estate to the commonwealth.
Which was carried in the affirmative, and the said section adop¬
ted.
Adjourned until half past nine o'clock to-morrow. A- M.
FRIDAY, February 26íA, 1790, A. M,
The convention met pursuant to adjournment.
The committee Of three appointed for the purpose of revising and
correcting the proposed plan of government reported the declaras
tion of rights, as amended, viz.
That the great and essential principles of liberty and
free government may be recognized and unalterably estab¬
lished, WE DECLARE—
Section I. 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, posses¬
sing and protecting property and reputation, and of pursuing their
own happiness.
Section II. That all power is originally vested 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
nave, at all times, an unalienable and indefeasible right to alter, re¬
form, or abolish their government, in such manner as they may think
proper.
Section III. That all men have a natural and indefeasible right t®
worship Almighty God according to the dictates of their own con¬
sciences ; that no man can, of right, be compelled to attend or erect,
or support any place of worship, or to maintain any ministry against
his consent ; that no human authority can, in any case whatever, con¬
trol 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.
Section IV. 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.
Section V. That elections shall be free and equal.
Section VI. That trial by jury shall be as heretofore, and the right
thereof shall remain inviolate.
Mr. Groscop
Gehr
Powel
Piper
Snyder
CONVENTION OF 1789-90.
S43
Section VII. That the printing press shall be free to every person
Avho undertakes to axamine the pniceedings of the legislature or any
branch of government : And no law shall ever be made restraining the
right thereof
The free communication of thoughts and opinions is one of the in¬
valuable rights of man, and every citizen may freely speak, write and
print on any subject, being responsible for the abuse of that liberty. In
prosecutions for libels, their trutii or design may be given in evidence
on the general issue, and their nature and tendency, whether proper
for public information, or only for private ridicule or malice, be de¬
termined by the jury, under the direction of the court, as in other
cases.
Section VIII. That the people shall be secure in their persons,
houses, papers and posses-ions from unreasonable searches and sei¬
zures; and that no warrant to search any place, or to seize any per¬
son or things, shall issue without describing them as nearly as may be,
nor without probable cause, supported by oath or affirmation.
Section IX. Tiiat' n all criminal prosecutions the accused hath a right
to be heard by himself .and his council; 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, a speedy public trial by an impartial jury
of the vicinage ; that he cannot be compelled to give evidence agafnst
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.
Section X. That no person shall, for any indictable offence, be
proceeded against, criminally, by information ; except in cases aris¬
ing in the land or naval forces, or in the militia when in actual ser¬
vice in time of war or public danger; Nor shall any person,fpr tlie
same offence, be twice put in jeopardy of life or limb; nor shall any
man s property be taken, or applied to public use, witiiout the consent
ofhis representatives, and without just compensation being made.
Section XI. 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.
Section XII. That no power of suspending laws, or the execution
thereof, shall be exercised, unless by the legislature, or its authority.
Section XIII. That excessive bail shall not be required, nor exces¬
sive fines imposed, nor cruel punishments inflicted.
Section XIV. That all prisoners shall be bailable by sufficient sure¬
ties, unless for capital oftences, when the proof is evident or pre¬
sumption 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.
Section XV. That no commission of oyer and terminer or jail de¬
livery shall be issued.
Section XVI. That the person of a debtor, where there is not a
strong presumption of fraud, shall not be continued in prison after de¬
livering up all his estate, for the benefit of bis creditors, in such man¬
ner as shall he prescribed by law.
Section XVII. That no expost facto law, nor any law impairing
contracts, shall be made.
S44
MINUTES OF THE
Section XVIII. That no person shall be attainted ol treason or fel¬
ony bjtlielcgislatpre.
Section XIX. 'That no attainder shall work corniption of blood, nor,
except during the life of the oftender, forfeiture of estate to the Com¬
monwealth; that the estates of such persons as shall destioy tlieir
own lives shall go as in case of natural death ; and il any person shall
be killed by casualty or accident there snail be no forfeiture by rea¬
son thereof.
Section XX. That the citizens have a right, in a peaceable manner,
to assemble together for their common good, aud to apply to those in¬
vested with the powers of government, for redress of grievances or
other proper purposes, by petition, address or remonstrance.
Section XXI. That the right of the citizens to bear arms in defence
of themselves and the state shall not be questioned : 13ut those who
conscientiously scruple to bear arms, shall not be compelled to do so,
but shall pay an equivalent for personal service.
Section XXII. 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 kept in strict subordination to
the civil power.
Section XXIII. That no soldier shall, in time of peace, be quar¬
tered in any house without the consent of the owner, nor in time of war,
butin the manner tobe prescribed by law.
Section XXIV, That the legislature shall not grant any title of no¬
bility or hereditary distinction, nor create any office, the appointment
to which shall be for a longer term than during good behaviour.
Section XXV. That emigration from the state shall not be prohibit¬
ed.
Section XXVI. To guard against transgressions af the high powers
which we have delegated, WE DECLARE, that every thing in this
article, is excepted out of the general powers ofgovernmenf, and shall
for ever remain inviolate.
A motion was made by Mr. M'Kean, seconded by Mr. Atlee, to in¬
sert the word "general" before the word "great," in the preamble to
the said declaration of rights.
Wliich was determined in the affirmative.
And the report, as amended, was then adopted by tliis convention.
On motion, ordered, that Messrs. Duniap and Claypoolehe lurnish-
ed w ith a transcript of the plan of government, together with the sdied-
ule, in order to publish seven hundred copies thereof, in their daily pa¬
per of to-morrow, for the use of the members of this convention.
I'he motion of Mr. ^Vilson, seconded by Mr. Hubley, on the twen-
ty-üfth instant, recurring.
A motion was made by Mr. M'Kcan, seconded by Mr. Findley, to
insert at (he end of the first section, Jind the poor, gratis.
It was then moved by Mr. Pickering, seconded by Mr. Edwards,
to postpone the said section in order to introduce the folluwiiig in lieu
thereof:
The legislature shall provide, by law, for the establishment ofschnols
throughout the state, in such manner that the poor mav he taught
gratis.
And the question on postponement being taken, it was determined
IB Iheaflirinative.
CONVENTION OP 17&B--90.
S45
A motion was then made by Mr. M'Lene seconded by Mr. Lincoln,
to insert, after "legislature," the following : "As soon as convenient¬
ly may be." -
W hich was agreed to, and the section, as amended, adopted.
The second section, as moved by Mr. Wilson and Mr. Ilubley,
was then adopted as follows, viz.
The arts and sciences shall be promoted in one or more semin¬
aries oflearning.
The third section, as moved by Mr. Wilson, being under consid¬
eration, a motion was made by Mr. Sitgreaves, seconded by Mr. Og-
den, to insert the word "just," so as to read "protected in their just
rights."
Which was determined in the negative.
It was moved by Mr. I.ewis, seconded by Mr. Roberts, to amend
the third section ofl'ered by Mr. Wilson, so as to read—the rights,
privileges, immunities and estates of religious societies and corporate
bodies shall remain as heretofore.
A motion was then made by Mr. Findicy, seconded by Mr. M'Kean,
to amend the amendment offered by Mr. Lewis, by, striking out "as
heretofore," and by inserting, after "remain" the following : "As if
the constitution of this state bad not been altered or amended."
W'hich was carried in the affirmative, and the section, as amended,
adopted.
Whereupon, Ordered, that the three sections, as agreed to, be in¬
serted as the seventh article of the proposed constitution.
The motion made by Mr. Robinson, seconded by Mr. Sitgreaves,
on the eighteenth instant, recurring, viz.
Members of the general assembly and all officers, executive and ju¬
dicial, shall be bound by oath or affirmation to supportthe constitu¬
tion of this commonwealth, and to perform the duties of their respec¬
tive offices with fidelity.
It was then moved by Mr. Lewis, seconded by Mr. Hare, to amend
the motion of Mr. Robinson as follows, viz.
Members of the general assembly and other officers,executive and
judicial, shall be bound by oath or affirmation to bear faith and true
allegiance to the cominonwealtli of Pennsylvania, and to perform the
duties of their respective offices with fidelity.
W^hich was determined in the negative.
And the motion of Mr, Robinson and Mr. Sitgreaves was adopted
as the eighth article of the proposed plan of govennnenf.
Mr. M'Kean withdrew his motion of the 18th, instant, seconded by
Mr. Gallatin.
The committee of accounts made the following report, viz.
Tliat Zachariah Poulson, junior, printer to this convention, in the
English language, has received the sum of one hundred pounds, and
that Melchior Steiner, printer to this convention, in the German lan¬
guage, has received tiie sum of seventy-five pounds, on account of
printing ; but that the amount of their respective accounts can'not
now be ascertained, therefore, as probably they may have occasion
for further sums of money to enable them to exjiedite the printing of
the minutes and the proposed constitution, your committee beg leave
to submit the following resolution, viz.
Resolved, that the president draw an order, in favor of the secre¬
tary, on the state treasurer, for the sum of one hundred and fifty
MINUTES OF THE
pounds, to be applied towards defraying the expenses of printing, and
that he account f^nr the same at the next sitting of this convention.
The committee further beg leave to report, that they have examin¬
ed the accounts of Joseph Redman, Esquire, secretary, respecting the
expenditure of the sum of one hundred pounds, drawn by him at the
treasury, per order of this convention, for the purpose of defraying
the contingent expenses, and ñnd a balance in his hands of twenty-
seven pounds, fifteen shillings and ten pence ; and beg leave to sub¬
mit the following resolution, viz.
Resolved, that the president draw orders on the state treasurer as
follows, viz,
In favor of Joseph Redman, Esquire, for the sum of sixty-seven
pounds, four shillings and two pence, which, together with the above
mentioned balance of twenty-seven pounds, fifteen shillings and ten
pence (amounting in the whole to ninety .five pounds) is the sum due
to him for his services as secretaiy, during the sitting of the conven¬
tion; and for the further sum of pounds for his extra services,
during the recess, in superintending the printing and distributing the
minutes and proposed constitution.
In favor of Jacob Shallus, Esquire, for the sum oí ninety five pounds
for his services as assistant secretary, during the sitting of the con¬
vention, and for the further sum of pounds for services to be
performed by him during the recess.
In favor of Frederick Snyder, messenger, for the sum of fifty pounds
for his wages, including five days extra services.
In favor of Joseph Fry, door keeper, for the sum of fifty pounds for
his services, including five days extra service.
A motion was made by Mr. James Ross, seconded by Mr. Sit-
greaves, to till the first blank with " seventy-five.'?
which was determined in the afiirmative.
It was moved by Mr. Findley, seconded by Mr. Baker, to fill the
second blank with " fifty."
Which was determined in tlie affirmative, and thereupon the re¬
port, as amended adopted.
A motion was made by Mr. Wilson, seconded by Mr. Findley, that
the following question be taken, viz.
" Shall the constitution, as agreed to in convention, be published
for the consideration of the good people of Pennsylvaniar"
The names of the members being called over, it appeared that the
question was unanimously determined in the affirmative.
On motion, Ordered, that Mr. Kobens and Mr. Baker be added to
the committee appointed to superintend the press.
On motion of Mr. M'K.ean, seconded by Mr. M'Lene, it was unan¬
imously determined, that the thanks of this convention be given to
bis excellency Thomas Mifflin, Esquire, for his able and impartial
conduct as president thereof.
The convention then adjourned to Monday, the ninth of August
next, at three o'clock, P. M.
CONTENTION OF 1789-90»
S47
Clia^tcr 111..
MINUTES
•Gf the second session of the convention of the commonwealth of Penn'
sylvania, which commenced at Philadelphia, on Jixonday the ninth
rday fíf ßkugust, in the year of our Lord one thousand seven hundred
and ninety^
MOiNDAY, August 9,1790, P. AL
A number of members met pursuant to adjournment, but not being a
quorum.
Adjourned until three o'clock to-morrow, P. M.
TUESDAY, August 10, 1790. P. M.
A number of members sufBcient to constitute a quorum met pursu.
ant to adjournment.
On motion of Mr. M'Kean, seconded by Mr. Whitehill,
Adjourned until three o'clock to-morrow, P. M.
WEDJVESDAY, August 11, 1790, P. M.
The convention met pursuant to adjournment.
A letter from Samuel Ogden, Esq. in excuse for his non-attendance
was read, and ordered to lie on the table.
On motion of Mr. M'Kean, seconded by Mr. Boyd, the first section
of the first article of the constitution published for the consideration
of the citizens oí this commonwealth was read.
It was then moved by Mr. Smiiie, seconded by Mr. Gallatin, to ad¬
journ, which was carried in the affirmative.
Adjourned until ten o'clock to-morrow, A. M.
THURSDAY, August 12, 1790. A. M.
The convention met pursuant to adjournment.
A letter from Melchior Steiner, printer of the minutes in the German
language, was read, in excuse fur not having completed the business.
Ordered to lie on the table.
The first section of the first article of the constitution published for
the consideration of the citizens of this commonwealth recurring, the
same was adopted as follows:
Section I. The legislative power of this commonwealth shall be vest¬
ed in a general assembly, which shall consist of a senate and house
of representatives.
The second section of the said first article being under considera¬
tion, the same was adopted as follows, viz.
Sect. H. The representatives shall be chosen annually, by the citi¬
zens of the city of Philadelphia, and of each county respectively, on
the second Tuesday of October.
3IINUTES OF TBE
The third section of the said first article being under consideratioo,
viz.
Sect. III. No person shall be a representative, who shall not have
attained the age of twenty-one years, and have been a citizen and in¬
habitant of the state three years next preceding his election, and the
last year thereof an inhabitant of the city or county in which he shall
be chosen.
A motion was made by Mr. M'Kean, seconded by Mr. Lewis, to
strike out the word " year," and in lieu thereof, to insert the words
six " months." Which was deterrftined in the negative.
A division of the section being called for by Mr. Sitgreaves and Mr.
M'Kean, viz.
No person shall be a representative, who shall not have attained the
age of twenty-one years, and have been a citizen and inhabitant of the
state three years next preceding his election.
On the question, Will the convention agree to that part of the said
section? It was determined in the affirmative. •
And on the question. Will the convention agree to the remainder
of the section, viz. And the last year thereof an inhabitant of the city
or county in which he shall be chosen?
It was determined in the affirmative.
A motion was then made by Mr. Edwards, seconded by Mr. M'-
Leiie, to amend the said section by adding the following words, viz.
And no person residing within any city, town or borough which shall
be entitled to a separate representation, shall vote for or be elected a
member for any county; nor shall any person residing without the lim¬
its of any such city, town or borough vote for or be elected a member
tliereof.
It was then moved by Mr. Robinson, seconded by Mr. Hare, to strike
out from the said amendment, the words " vote for or."
Which was determined in the affirmative.
And on the question. Will the convention agree to the motion of
Mr. Edwardsand Mr. M'Lene, as amended?
The house being equally divided the president gave his casting vote
in the affirmative, and the said section, with theamendment, was there¬
upon adopted as follows:
Section III. No person shall be a representative, who shall not
have attained the age of twenty-one years, and have been a citizen and
inhabitant of the state three years next preceding his election, and the
last year thereof an inhabitant of the city or county, in which he shall
be chosen; and no person residing within any city, town or borough,
which siiall be entitled to a separate representation, shall be elected a
member for any county; nor shall any person residing without the liin-
i:s of any such city, town or borough be elected a member thereof.
The fourth section of the said first article being under considera¬
tion, the same was adopted as follows, viz.
Sect. IV. Witnin three years after the first meeting of the general as¬
sembly, and within every subsequent term of seven years, an enume¬
ration of the taxable inhabitants shall be made, in such manner as shall
be directed by law. The number of representatives shall, at the
several periods of making such enumeration, be fixed by the legis¬
lature and apportioned among the city of Philadelphia and the seve¬
ral counties according to the number of taxable inhabitants in each,
and shall never be less than sixty nor more than one hundred.
CONVENTION OF 1789-90.
¡849
Each coawty shall have, at leajt, one representative; but no county
hereafter erected, sliall be entitled to a separate representation until
a suiScient number of taxable inhabitants shall be contained within it,
to entitle them to at least one representative, agreeably to the ratio
which shall then be established.
The fifth section of the said first article being under consideration,
it was moved by Mr. M'Kean, seconded by Mr. Gray, to postpone
the consideration of the same, together with the sixth, seventh, eighth
and ninth sections of the said article, until Thursday next.
On the question. Will the convention agree to the postponement?
It was determined in the affirmative.
The tenth section of the said first article being under consideration,
viz.
Sect. X. The general assembly shall meet on the first Tuesday of
December, in every year, unless sooner convened by the governor.
Amotion was made by Mr. Gray, seconded by Mr. Coleman, to strike
out the words " first Tuesday of December," and to insert in lieu
thereof, "second Tuesday of November." / Which was determined in
the negative, and the original section adopted.
The eleventh section of the said first article being under considera¬
tion, the same was adopted as follows, viz.
Sect. XI. Each house shall choose its speaker and other officers ;
and the senate shall also choose a speaker pro tempore, when the
speaker shall exercise the office of governor.
The twelfth section of the said first article being under consideration,
the same was adopted as follows, viz.
Sect. XII. Each house shall judge of the qualifications of its own
members; but contested elections shall be determined by a committee,
to be selected in such manner as shall be directed by law : A majori¬
ty of each house shall constitute a quorum to do business; but a
smaller number may adjourn from day to day, and may be authorised,
by law, to compel the attendance of absent members in such manner,
and under such penalties, as may be provided.
The thirteenth section of the said first article^being undpr consider¬
ation, the same was adopted as follows, viz.
Sect. XIII. Each house may determine the rules of its proceedings,
punish its members for disorderly behaviour; and with the concurrence
of two-thirds, expel a member, but not a second time for the same cause,
and shall have all other powers necessary for eitlicr branch of the
legislature of a free state.
The fourteenth section of the said first article being under consider¬
ation, the same was adopted as follows, viz.
Sect. XIV. Each house shall keep a journal of its proceedings, and
publish them weekly, except such parts as may, in their judgment,
require secrecy : And the yeas and nays of the members, on any
question, shall, at the desire of anj two of them, be entered on the
journals. i
The fifteenth section of the said first article being under considera¬
tion the same was adopted as follows, viz.
Sect. XV. The'doors of each house of the places where they shall
respectively sit in committee of the whole, shall be open, unless when
the business shall be such as, in their judgment, ought to be kept secret.
The sixteenth section of the said fir^t article being under consider-
a.ion, tlie same was .adopted as follows, viz.
3;','
á50
MINUTES OF THE
Sect. XVI. Neither house shall, without the consent of the other,
adjourn tor more than three days, nor to any other place than that in
which the two houses shall be sitting.
Adjourned until ten o'clock to-morrow, A. M.
FRIDAY. August 13, 1790,-«. M.
The convention met pursuant to adjournment.
The seventeenth section of the first articte of the constitution pub¬
lished for the consideration of the citizens of this commonwealth, be¬
ing under consideration, the same was adopted as follows, viz.
Sect. XVII. The senators and representatives shall receive a com¬
pensation for their services, to be ascertained by law, and paid out of
the treasury of the commonwealth. They shall in alt cases, except trea¬
son, felony and breach of the peace, be privileged from arrest, during
their attendance at the session of the respective houses, and in going to
and returning from the same; and for any speech or debate in eiwer
house they shall not be questioned in any other place.
The eighteenth section of the said first article being under consider¬
ation the same was adopted as follows, viz.
Sect. XVIII. No senator or representative shall, during the time for
which he was elected, be appointed to anyxivil office, under the author¬
ity of this commonwealth, which shall have been created, or the emolu¬
ments of which shall have been increased during such time : And no
member of congress or other person holding any office, except in the
militia, under the United States or this commonwealth, shall be a
member of either house during his continuance in congress or in office.
The ninteenth section of the said first article being under consider¬
ation, the same was adopted as follows, viz.
Sect. XIX. When vlicancies happen in either, house, the. speaker of
tliat house shall issue writs of election to fill such vacancies.
The twentieth section of the said first article being under considera¬
tion, the same was adopted as follows, viz.
Sect. XX. All bills for raising revenue shall originate in the house
of representatives; hut the senate may propose or concur with amend¬
ments, as in other bills.
The twenty-first section of the'said first article being under consider¬
ation, the same was adopted as follows, viz.
Sect. XXI. No money shall be drawn from the treasury, but la
consequence of appropriations made by law.
The twenty-second section of the said first article being under con¬
sideration, the same was adopted as follows, via.
Sect. XXII. Every bill, which shall-have passed the house of repre-
sentatives and the senate, shall, before it become a law, be presented to
the governor. If he approve, he shall sign it; but if he shall not approve
it, he shall return it, with his objections, to the house in which it shall
have originated, who shall enter the objections at large upon their jour¬
nals, and proceed to re-consider it. If, after such re-consideration, two-
Ihirds of that house shall agree to pass the bill, it shall be sent, togeth¬
er with the objections, to the other house, by which it shall likewise
be re-considered, and if approved by two-thirds of that house, it shall
become a law. But in all such cases, the votes of; both houses shall
be determined by yeas and nays, and the names of the persons voting
for or against the bill shall be entered on the journals of each, housu
CONVENTION OF 1789-90.
S51
respectively. If any bill shall not be ceturned by the governor within
ten days (Sundays excepted) after it shall have been presented to
him, it shall be a law in like manner, as if he had signed it; unless the
general assembly, by their adjoornment, prevent its return, in which
case it shall be a law, unless sent back within three days after their
next meeting, .»■ %, ;
The twenty-third section of the said first article being under consider¬
ation, the same was adopted as follows, viz.
Sect. XXIII. Every order, resolution or vote, to which the concur¬
rence of the senate and house of representatives may be necessary (ex¬
cept on a question of adjournment).shall be presented to the governor,
and before the same shall take efiect, be approved by him; or, being
disapproved shall be re-passed by two-thirds of the senate and house
of representatives, according to the rules and limitations prescribe^
in case of a bill.
The first section oTfhe second article being under consideration, the
same was adopted as follows, viz.
Section I. The supreme executive power of this commonwealth
shall be vested in a governor.
The second section of the said second article being under consider¬
ation, the same was adopted as follows:
Sect. II. The governor shall be chosen on the second Tuesday of Oc¬
tober, by the citizens throughout the commonwealth, at the plaoea vvhere
they shall respectively vote for representatives. The returns of every
election for govet norshall be transmitted,uader sea!,to the seat of gqvjerii-
meni, directed to the speaker of the senate, who shall open and publish
them in the presence of the members of both houses of the legislature. Thë
person having the highest number of votes shall be governor; but if two
or more shall be equal and highest in votes, one of them shall be cho¬
sen governor by the joint vote of the members of both houses. Con¬
tested elections shall be determined by a committee tobe selected from
both houses ot the legislature, in such manner as shall be directed
by law.
The third section of the said ^cond article being under considera¬
tion, the same was adopted as follows:
Sect. III. The governor shall hold his office during fhree years from
the third Tuesday of December next ensuing his election, and shall
not be capable of holding his office longer than nine in any term of
twelve years.
The fourth section of the said second article being under considera¬
tion, viz.
Sect. IV. He shall be, at least, thirty years of age; and have been a
citizen and inhabitant of this state seven years next before his elec¬
tion ; unless lie shall have been absent on the public business of the
United States, or of this state.
It was moved by Mr. Roberts, seconded by Mr. M'Kean, to amend
the said section by adding the following words:
"And he shall be legally seized and possessed of a clear real and per¬
sonal estate within this commonwealth of the value of four thousand
dollars, six months previous to his election."
A motion was made by Mr. Hare, seconded by Mr. Edwards, to strike
out from the said amendment, the words* ^'.«and personal" Whick
was determined in the affirmative,
MINUTES OF THE
It was moved by Mr. Pickering, seconded by Mr. Barclay; to strike
out the word "six," and in lieu thereof to insert the word " tvvelv e'
Whicii was determined in the negative.
A motion was then made by Mr. Sitgreiures, seconded by Mr. M'-
Kean, to strike out the words "and possessed." Which was determin¬
ed in the aifirmative. • •
It was moved by Mr. Wilson, seconded by Mr. Pickefing, to post¬
pone the consideration of the said fourth section, together with the
amendment as amended.
On the question. Will the convention agree to the pos'ponement?
It was determined in the affirmative.
The fifth section of the said second article being under consider¬
ation, the same was adopted as follows, viz.
Sect. V. No member of congress, or person holding any office un¬
der the United States or this state, shall be capable of exercising the
office of governor.
The sixth section of the said second article being under consider¬
ation, the same was adopted as follows, viz.
Sect. VI. Thegovernor shall, at stated times, receive for his services
a compensation, which shall be neither increased nor diminished du¬
ring the period for which he shall have been elected.
The seventh section of the sait! second article being under consi^r-
ation, the same was adopted as follows:
Sect. Vil. He shall be commander in chief of the army and navy of
this commonwenitii, and of the militia, except when they shall be cal¬
led into the actual service of the United States.
The eighth section of the said second article being under consider¬
ation, the same was adopted as follows:
<jiSect. VIÍÍ. He shall appoint all officers whose offices are established
by this constitution or shall be established by law, and whose appoint¬
ments are not herein otherwise provided for ; but no person shall be
appointeil toan office Within any county, who shall not h^ive been a cit¬
izen and inhabitant therein one year next before bis appointment, if the
county shall have been so long erected, but if that shall not be the case,
then wtthin the limits of the original county or counties out of which it
shall have been taken. No member of congress fi ora this state, nor anv
person holding or exercising any oliiceof trustor profit under the United
States, shall at the same time, hold or exercise the office of judge,
secretary, treasurer, prothonotary, register of wills, recoriler of deeds,
shciiff, or any oHice in this state, to which a salary is by lavvannexetl;
or any other oflice whicn future legislatures shall declare iucomp.li-
ble with offices or appointments under the United States. ,
The ninth section of the said second article being under consider¬
ation, VIZ.
Sect. IX. All commissions shall be in the name and by the authority
of the commonwealtfi of Pennsylvania, and be sealed with the state
seal, and signed by (he governor.
A motion was made by Mr. M'Kean, seconded by Mr. Addison, to
strike out the woiais •' and by the authority." Which was deter-
niined m the negative, and the original sectiim adopted.
The tenth section of tiie saiil second article being under considera¬
tion, the same was adopted as follows:
Sect. X. He shall have power to remit fines and forfeitures, and
graut reprieves and pardons, except in cases of impeachment.
CONVENTION OP 1789-90,
â53
The elwfenth section of the said feecond article bcingunder eonsider-
ation, the same was adopted as follows:
Sect. XI. He may require information, in writing, from the officers
in the executive department upon any subject relating to the duties of
their respective''offices.
The twelfth section of the said second article beihg under consider¬
ation, the same was adopted as follows:
Sect. XII. He siiall from time to time, give to the general assembly
information of the state of the commonwealth, and recommend to their
consideration such measures as he shall judge necessarjror expedient.
The thirteenth section of the said second article being under con¬
sideration; the same was adopted as follows:
Sect XIII. He may, on extraordinary occasions, convene the gene¬
ral assembly, and in case of disagreement between the two houses with
respect to the time of adjournment, adjourn them to such time as he
shall think proper, not exceeding four months.
The fourteenth section of the said second article being under con¬
sideration, the same was adopted as follows:
Sect XIV. He shgll take care that the laws be faithfully executed.
The fifteenth section of the said second article being under consider¬
ation, the same was adopted as follows:
Sect. XV. In case of the death or resignation of the governor, or of his
removal from office, the speaker of the senate shall exercise the office of
governor, until another governor, who shall in such case, be chosen at the
next annual election, shall be duly qualified and commence the exercise
of bis office. And if the trial of a contested election shall continue
longer than until the third Tuesday in December next ensuing the
election of a governor, the governor of the last year, or the speaker of
the senate, who may be in the'exercise of the executive authority, shall
continue therein until the determination of such contested election,
and until'a governor shall be qualified as aforesaid.
The sixteenth section of the said second article being under con¬
sideration, the same was adopted as follows:
Sect. XVI. The state treasurer shall bq appointed annually, by the
joint vote of the members of both houses. All other officers in the
treasury department, election officers, officers relating to taxes, to the
poor and highways, constables and other township officers, shall be ap¬
pointed in such manner as is or shall be directed by law.
The seventeenth section of the said second article being under con¬
sideration, a motion was made by Mr. Silgreaves, seconded by Mr.
Jenks, to postpone the consiileration of the said «ection. Which was
determined in the negative, and after some debate it was, on motion of
Mrl Wilson and Mr. Coleman, ordered, that the debates on the said
section be postponed.
The first section of the third article being under consideration, the
same was adopted as follow^ viz.
Section I. In elections by the citizens every freeman of the age of
twenty one years, having resided in the state two years next before the
days of the elections respectively, and within that time paid a state or
county tax, which shall have been assessed upon him at least six
months before the election, shall enjoy the rights of an elector; provi¬
ded that the sons of persons qualified as aforesaid, between the age of
twenty-one and twenty-two years, shall be entitled to vote although
they siiall not have paid taxes.
Shnutes of the
The second «ection of the said third article being" under considera¬
tion, viz.
Sect. II. All elections shall be by ballot, except those by persons in
their representative or public capacities, who shall vote viva voce, un¬
less m the choice of committees and their own officers.
Mr. Addjson called for a division of the question on the said section
to the word viva voce inclusive.
And o"n the question, Vt'ill the convention agree to the first part of
the said section? It was determined in the affirmative.
The second part of the said section recurring, a motion was made by
Mr. M'Kean, seconded by Mr. James Ross, to strike out the words
" committees and." Which was determined in the affirmative.
And on the question, Will the convention agree to the second part
of the said section as amended? It was determined in the negative.
The third section of the said third article being under considera¬
tion, the same was adopted as follows, viz.
Sect. III. Electors shall, in all cases, except treason, felony and
breach of the peace, be privilegied from arrest during their attend¬
ance on elections, and in going to and returning from them.
The first section of the fourth article being under consideration, the
same was adopted as follows, viz.
Section I. The house of representatives sliall have the'sole power of
impeaching.
The second section of the said fourth article being under coqsider-
ation, viz.
Sect. II. All impeachnients shall be tried by the senate : When sit¬
ting for that purpose, the senators shall be on oath or affirmation. No
person shall bfe convicted without the concurreaiie of two-thirds of the
members present.
A motion was made hy Mr. Sitgreaves, seconded by Mr. M'Kean,
to insert after the word " affirmation," the words " taking to their as¬
sistance, for advice only, the judges of the supreme court."
It was then on motion of Mr. M'Kean, seconded by Mr. Find-
ley, Ordered, that the further consideration ofthesaid section, togeth¬
er with the proposed amendment be postponed.
Thë thiini section of the said fourth article being under considera
tien, viz.
Sect. III. The governor and all other civil officers under this com-
Jnonwealth shall be liable to impeachiuent for any misdemeanor in of¬
fice ; but judgment, in such cases, shall not extend further than to re¬
moval from office and disqualification to hold any office of honor, trust
or profit under this commonwealth : the party convicted shall, never¬
theless, be liable to indictment» trial, judgment and punishment ac¬
cording to law.
A motion was made by Mr. Wilson, seconded l^y Mr. Addison, to
amend the said section by inserting before^the word " convicted," the
word'"whether," and after the trord " convicted," the words " or ac¬
quitted." Which was carried m tlie affirmative, and the seotion as
amended, adopted.
Adjourned until ten o'clock to morrow, A. M.
CONVENTION OF 178^90,
255
SATURDAY, August 14,1790. A. M.
The convention met pursuant to adjournment.
A letter from.Zachariah Poulson, jr. printer of the minutes, in the
English language, to this convention, was read, requesting an addi¬
tional sum of money. Whereupon,
Resolved, that the president be authorised and requested to draw
an order in favor of Zachariah Poulson, jr. for the sum of two hun¬
dred pounds, on account.
A motion was made by Mr. M'Kean, seconded by .Mr. Newlin, to
re-consider the third section of the fourth article, adopted yesterday,
in order to add the following amendment thereto, viz.
No impeachment shall be sustained against any person unless com¬
menced within years after the oifence shall have been commit¬
ted.
. On motion of Mr. Sitgreaves, seconded by Mr. M'Kean, Ordered,
That the further consideration of the said motion be postponed.
The first section of the fifth article of the constitution published for
the consideration of the citizens of this commonwealth, being undar
consideration, the same was adopted as follows, viz.
Section I The judicial power of this commonwealth shall be vested
in a supreme court, in coui|*ts of oyer and terminer and general gaol de¬
livery, in a court of common pleas, orphans' court,.register's court and
a court of quarter sessions of the peace for each county, injustices of
the peace, and in such other courts as the legislature may, from time
time, establish.
The second section of the said fifth article being under considera¬
tion, viz.
Sect. II. The judges of the supreme court end of the several courts
of common pleas shall hold their offices duringgpod behaviour: but for
any reasonable cause which shall not be sufficient groond of impeach¬
ment, the governor may remove any of them on the, :.ddress 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 contin¬
uance in office': But they shall receive no fees or perquisites of office,
nor hold any other office of profit under this commonwealth.
A motion was made by Mr James Ross, seconded by Mr. Redick,
to strike out the words " receive no fees or perquisites of office, nor,"
and in lieu thereof to insert the word "not," in order tlmt the sec¬
tion may read:
The judges of the supreme court and of the several courts of com¬
mon pleas-shall hold their offices during good behaviour: But, for any
reasonable cause, which shall not Lie sufficient ground of impeachment,
tlie governor may remove any of them on the address of two-thirds of
each branch qf the legislature. The judges of the supreme court and
tiie president^ of thefcyeral courts of common pleas shall, at stated
times, receive for their services, an adequate compensation, to be fixed
by law; but they shall not hold any other office of profit under this
common W( al th.
Adjourned until three o'clock on Monday next, P. M.
MINUTES OP THE
MOJ^DAY, August 16, 1790. P. M.
The convention met pursuant to adjournment.
The second section of the fifth article, with the amendment propo¬
sed on Saturday last by Mr. James Ross, seconded by Mr. Redick,
recurring, Mr. Redick withdrew his seconding tlie motion, and there¬
upon the original section was adopted as follows:
Sect. II. The judges of the supreme court and of the several court»
of common pleas shall hold their offices during good behaviour: But,
for any reasonable cause, which shall not be sufficient ground of im^
peachment, the governor may remove any of them on the address of
two-thirds of each branch of the legislature. The judges of the su¬
preme court and the presidents of the several courts of common pleas,
shall, at stated times, receive for their services, an adequate compen¬
sation, to be fixed by law; which shall 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.
The third section of the fifth article being under consideration,
the same was adopted as follows, viz.
Sect. III. 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 gaol delivery, in the seve¬
ral counties.
The fourth section of the fifth article being under consideration, the
same was adopted as follows, viz.
Sect. IV. 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, by law, divided 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, du¬
ring his continuance in office, shall reside therein. The president and
judges aforesaid, any two of whom shall be a quorum, shall compose
the respective courts of common pleas.
The fifth section of the fifth article, being under consideration, the
same was adopted as follows, viz.
Sect. V. The judges of the court of common pleas in each county
shall, by virtue ot their offices, bo justices of oyer and terminer and gen¬
eral jail delivery for the trial ol capital and other oflenders therein; and
any two of them, the president being one, shall be a quorum; but they
shall nut 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.
The sixth section of the fifth article being under consideration, viz.
Sect. VI. The supreme court and the several courts of common pleas
shall, beside the powers heretofore usually exercised by them, have
the power of a court of chancery so far as relates to the perpetuating of
testimony, the obtaining of evidence from places no| within the state, and
thccarcofthc personsoind estates of those who are non compotes mentis.
CONVENTION OF 1789"90.
Anil the legislature shall, as soon as conveniently may be, vest in the
said courts such other powers to grant relief in equity as shall be
found necessary: and may, from time time, enlarge or diminish those
powers; or vest them in such other courts as they shall judge proper
tor the due administration of justice.
A motion was made by Mr. Sitgreaves, seconded by Mr. Gallatin,
to strike out the words " beside the powers heretofore usually exerci¬
sed by them."
On the question. Will the convention agree to strike out the said
words? It was determined in the negative, and the original section
adopted.
The seventh section of the fifth article being under consideration, the
same was adopted as follows, viz.
Sect. Vri. The judges of the court of common pleas in each county,
any two of whom shall be a quorum; shall compose the court of quar¬
ter sessions of the pence and orphans' court therein : And the register
of wills, together with the said judges, or any two of them, shall com¬
pose the register's court in the respective counties.
The eighth section of tiie fifth article being under consideration, tiie
same was adopted as follows, vii.
Sect. VIII. 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. <
The ninth section of the fifth article being under consideration,
viz.
Sect. IX. The president of the courts in each circuit shall, within
such circuit, and the judges of the courts of common pleas shall, with¬
in their respective counties, be justices of the peace so far as relates
to criminal matters.
A motion was made by Mr. Pickering, seconded by Mr. M'Kean,
to amend the said section to read as follows:
The president of the courts in each circuit, within such circuit, and
the judges of the courts of common pleas, within their respective coun¬
ties, shall be justices of the peace, so far as relates to criminal matters.
On file question. Will the convention agree to the amêmlment? It
was determined in the negative, and thereupon liie original section
adopted.
The tentii section of the said fifth ai tide being under consideration,
a motion was made by Mr. Addison, seconded by Mr. Henderson, to
amend the section to read as follows:
Sect. X. The governpr shall appointacorapetent number of justices of
the peace in such convenient districts m each county, as are, or siiall
be directed by law. They shall be commissioned during good beha¬
viour; but may be removed on conviction of misbehaviour in office, or
of any infamous crime, or on the address of both houses of the legis¬
lature.
On the question. Will the convention agree to the amendment? It
was determined in the affirmative, and the said section as amended
adopted.
Ihe eleventh section of tiie fifth article beinjj^under considci atien;
the «ame was adopted as fallows:
S58
MINUTES or THE
Sect. XL A register's office for the probate of wills and grantingleN
ters of ailministration, and an office for the recording of deeds shall be
kept in each county.
The twelfth section of the fifth article being under consideration,
the same was adopted as follows:
Sect. XII. The stile 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.
A motion was made by Mr. James Ross, seconded by Mr. Smith, to
re-consider the second section of the fifth article in order to strike out
the word " and," before the words " the presidents," and to insert
after the word " presidents," the words " and judges."
It was moved by Mr. Addison, seconded by Mr. Smilie, to postpone
the consideration of the said motion, whereupon, on motion,
Adjourned until ten o'clock to-moriow, A M.
TUESDAY, August 17, 1790. A. M.
The convention met pursuant to adjournment.
The motion made yesterday by Mr. James Ross, seconded by Mr.
Smith, tore-consider the second section of the fifth article in order to
amend the same, recurring.
' On the question. Mill the convention agree to re-consider the said
section for the purpose contained in the said motion? It was determi¬
ned in the negative.
The first section oT the sixth article being under consideration, the
same was adopted as follows, viz.
Section I. Sherifts and coroners shall, at the places of election of
representatives, be chosen by the citizens of each county respectively.
Two persons shall be chosen for each office, one of whom, for each, shall
be commissioned by the governor. They shall hold their offices for three
years and until a successor be duly qualified ; but no person shall be
twice chosen or appointed sherift'in any term of six years.
The second section of the sixth article being under consideration,
viz.
Sect. II. The freemen of this commonwealth shall be armed^ and
disciplined for its defence : The militia officers shall be appointed in
such manner and for such time as shall be directed by law.
Amotion was made by Mr. Roberts, seconded by Mr. Shoemaker,
to strikeout after the word "commonwealth," the word "shall," and in
lieu thereof to insert the word " may."
On the question, Will the convention agree to the amendment?
It was determined in the negative, and the original section adopted.
The third section of the sixth article being under consideration,
viz.
Section III. Prothonotaries, clerks of the peace and orphans' courts,
recorders of deeds, registers of wills and sheriffs, shall keep their offi¬
ces in the county town of the county in which they respectively shall
be officers; unless when the governor shall, for special reasons, dis¬
pense therewith for any term not exceeding five years after tíie coun¬
ty shall have been erected.
A motion was made by Mr. Redick, seconded by Mr. Mawhorter, to
insert after the words " register of wills," the words " county treasu¬
rers." M'hich was determined in the negative.
CONVENTIOX OP 1789--90.
Q59
it was thou moved by Mr. M'Kean, seconded by Mr, Henderson, to
insert after tbe word "officers," the words " or within one mile there¬
of."
On the question, Will the convention a^ree to the said amendment?
It was determined in the negative, and the original section adopted.
A motion was made by Mr. Addison, to re-consider the first section
of the sixth article, as adopted, in order to annex the following amend¬
ment thereto, viz.
In case of a vacancy in the office of sheriff or coroner by death, re¬
signation, removal or otherwise, the governor shall appoint one until
a sheriff or coroner, who shall be ciiosen at the next general election,
shall enter on the exercise of his office.
On the question, Will the convention agree to re-consider the said
section for the aforesaid purpose? It was determined in the negative.
Tne first section of tlie seventh article being under considera^
tion, tlie same was adopted as follows, viz.
Section I. The legislature shall, as soon as conveniently may be,
piovide by law for the establisiiinent of schools throughout the state,
in such manner that the poor may be taught gratis.
The second seciion of the seventh article, being under consideration,
the same was adopted as follows, viz.
Section II. The arts and sciences shall be promoted in one or more
seminaries of learning. >■
A motion was made by Mr. Sitgreaves, seconded by Mr. Arndt, to
insert the following as the third section of the said seventh article,
vl/,. Í
The legislature shall, by law, regulate and ascertain the fees of the
courts and public officers throughout the commonwealth; fees shall be
adequate, but moderate
On the question. Will the convention adopt the same as the third
sec'ion of llie severith article? It was determined in the negative.
The third section of the seventh article being under consideration,
the same was adopted as follows:
¡Section III. The rights privileges, immunities and estates of reli¬
gious societies and corporate bodies shall remain as if the constitu-
liuu of this state liad not been altered or amended.
The eighth article being under consideration the same was adopted
as follows:
Members of the general assembly and all officers, executive and ju¬
dicial, shall be bound by oath or affirmation to support the constitu-
tion of this commonwealth, and to perform the duties of their respec¬
tive offices with fidelity.
Tlie first section of the ninth article being under consideration the
same was adopted as follows:
Section I. Tliat 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, posses¬
sing and protecting property and reputation, and of pursuing their
own happiness.
The second section of the ninth article being under consideration,
the same was adopted as follows:
Section II. That all power is originally vested 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
MINUTES OP THK
have, at all times, an unalienable and indefeasible right to alter, le-
form, or abolish their government, in such manner as they may think
proper. _ . • ■
The third section of the ninth article being under consideration, the
same was adopted as follows:
Section III. That all men have a natural and indefeasible right to
worship Almighty God according to the dictates of their own con¬
sciences ; that no man can, of right, be compelled to attend or erect,
or support any place of worship, or to maintain any ministry against
his consent ; that no human authority can, in any ease whatever, con¬
trol or interfere with the rights of conscience; and that no preference
shall ever be given, by law, to any religious establishments or modes
of Wurship.
The fourth section of the ninth article being under consideration,
the same was adopted as follows, viz.
Section IV. 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.
The fifth section of the ninth article being under consideration, the
same was adopted as follows, viz.
Section V. That elections shall be free and equal.
The sixtii section of the ninth article being under consideration, the
same was adopted as follows:
Section VI. That trial by jury shall be as heretofore, and the right
thereof shall remain inviolate.
The seventh section of the ninth article being under consideration,
it was moved by Mr. Lewis, seconded by Mr. ügden, to postpone the
consideration thereof until Friday next.
On the question. Will the convention agr,eeto the postponement? It
was determined in the affirmative.
The eighth section otthe ninth article being under consideration, the
same was adopted as follows:
Section VIII. That the people shall be secure in their persons,
houses, papers and possessions from unreasonable searches and sei¬
zures; and that no warrant to search any place, or to seize any per¬
son or things, shall issue without describing tliein as nearly as may be,
nor without probable cause, supported by oatli or affirmation.
The ninth section of the ninth article being under consideration, the
same was adopted as follows:
Section IX. That in all criminal prosecutions the accused hath a right
to be heard by himself and his council; to demand the nature and cause
of the accusation against him ; to meet the witnesses face to face ; to
Imvc compulsory process for obtaining witnesses in his favor ; and, in
prosecutions by indictment, a speedy public trial by an impartial jury
of the vicinage ; that he cauiiut be compelled to give evidence against
himself; nor can he he deprived of his life, liberty or property, unless
by tile judgment of his peers, or the law of the land.
The tenth section ol tim ninth article being under consideration,viz.
Section X. That no person shall, for any itidictable oll'ence, be
proceeded against, criminally, by information ; except in cases aris¬
ing in tiie land or naval lorces, or in the militia when in actual ser¬
vice intime ot war or public danger: Nor shall an>y person, for the
same offence, be twice put in jeopardy of life or limb ; n.or shall any
CONVENTION OF 1789*-90.
inan-s property be taken, or applied to public use, without the consent«
ofhis representatives, and without just compensation being made.
It was moved by Mr. Lewis, seconded by Mr. Sitgreaves, to amend
the said section to read as follows:
Section X. That no person shall, for any indictable offence, be pro¬
ceeded against criminally by information; except for oppression or mis¬
demeanor in office, and in cases arising in the land or naval forces, or
in the militia when in actual service in time of war or'public danger ;
nor shall any person for the same offence be twice put in jeopardy
of life or limb ; nor sliall any man's property be taken, or applied to
public use, without the consent of his representatives, and without just
compensation being made.
On the question. Will the convention agree to the amendment? It
was determined in the affirmative, and the section as amended, adop¬
ted.
The eleventh section of the ninth article being under consideration,
the same was adopted as follows:
Section XI. 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.
The twelfth section of the ninth article being under consideratioTii
viz.
•Section XII. That no power of suspending laws, or the execution
thereof, shall be exercised, unless by the legislature; or its authority.
A motion was made by Mr. Addison, seconded by Mr. Smith, to
strike out the words " or the e'xecution thereof." Which was determi¬
ned in the affirmative.
It was then moved by Mr. Smith, seconded by Mr. Ogden, to strike
out the words "or its authority." Which was determined in the nega¬
tive, and tlie said section as amended, adopted as follows:
Section XII I'liat no power of suspending laws shall be exercised,
nnless by the legislature, or its authority.
Adjourned until nine o'clock to-morrow, A. M.
WEDJ^ESDäY, August 18, 1790. A. M.
The convention met pursuant to adjournment.
A motion was made by Mr. Wilson, seconded by Mr. Smith, to re¬
consider the tenth section of the ninth article adopted yesterday, and
qfter-some debate, it was, on motion of Mr. Wilson, seconded by Mr.
M'Lene, ordered, that the further consideration of the said motion be
postponed until Saturday next.
The thirteenth section of the ninth article being under consideration,
the same was adopted as follows, viz.
Section XIII. That excessive bail shall not be required, nor exces¬
sive tines imposed, nor cruel punishments inflicted.
The fourteenth section of the ninth article being under consideration
the same was adopted as follows, viz.
Section XIV. That all prisoners shall be bailable by sufficient sure¬
ties, unless for capital offences, when the proof is evident or pre¬
sumption great: and the privilege of the writ of habeas corpus shall
nut be suspended, unless when, in oases of rebellion or invasion, the
public salety may require it.
MIN I THS OF THE
The fil'teeiith section of the ninth article being under cons deratintf,
the same was adopted as ftdlows, viz.
Section XV. That nocomiuissiun of oyer and terminer or jail ile-
livery shall be issued.
The sixteenth section of the ninth article being under consideration,
the same was adopted as follows, viz.
Section XVÍ. That the person of a debtor, where there is not a
strong presumption of fraud, shall not be continued in prison after de¬
livering up all his estate, for the benefit of his creditors, in such man¬
ner as shall be prescribed by law. '
tJ The seventeenth section of the ninth article being under considera¬
tion, the same was atlopted as follows, viz. • "
Section XVII. That no expost facto law, nor any law impairing
contracts, shall be made.
The eighteenth section of the ninth article being under considera¬
tion, the same was adopted as follows:
Section XVIII. That no person shall be attainted of treason or fel¬
ony by the legislature.
The nineteenth section of the ninth article being under considera¬
tion, viz.
Section XIX. That no attainder shall work corruption of blood, nor,
except during the life of the ottender, forfeiture of estate to the com-
inonwealth ; that the estates of such persons as shall destroy their
own lives shall go as in case of natural death ; und if any person shall
be killed by casualty or accident there «hall be no forfeiture by rea¬
son thereof.
A motion was m.adc by Mr. Smith, seconded by Mr. Lewis, to strike
ont the word "go," and insert in lieu thereof, the words "descend or
vest.'" Which was determined in the aflirinative.
It was moved by Mr. Pickering and Mr. M'Kean, to strike out tlie
words "or accident."
Which was determined in the affirmative.
A motion was then made by Mr. Lewis, seconded by Mr. Sit-
gicaves, to insert, between the words "forfeiture of," and the word
"estate," the word "real."
On the question, Will the convention agree to the said amend¬
ment? It was determined in the negative.
It was moved by Mr. Sitgreaves, seconded by Mr. Ogden, to amend
tlie said section to rear! as follows:
That, no attainder shall work corruption of blood, nor, exceptio ca¬
ses of treason, forfeiture of estate to the commonwealth, and then only
during the life of the oHeiuler; that the estates of such persons as
shall destroy their own lives shall descend or vest as in case of natu¬
ral deatli ; and if any person shall be killed by casualty there shall be
no forfeiture by reason thereof.
On the (juestioii. Will the convention agree to the amendment ?
It was determined in the negative, and the said nineteenth Section,
as iimeiuled, adopted as follows :
Section XIX. That no attainder slmll work corruption of blood, nor,
except during the life of the offender, forfeiture of 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 deatii 5 and if any per¬
son sh.all be killed by casualty tinjre shall be no forfeiture by reason
thereof.
CONVENTION OF 1789--90.
S63
TFie twenliefh section of the ninth article being under considera¬
tion, the same was adopted as follows, viz.
Section XX. 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, l^or redress of grievances or
other proper purposes, by petition, address er remonstrance.
The twenty-first section of the niuth article being under considerii-
tion, viz.
Section XXr. That the right of the citizens to bear arms in defence
of themselves and the state shall not be questioned. Rut those who
conscientiously scruple to bear arms siiall not be compelled to do so,
but shall pay an equivalent for personal service.
Mr. M'K.Fan called for a division of the question on the said sec¬
tion, to the word "questioned."
And on the question, Will the convention agree to the first part of
the said section ? It was determined in the affirmative.
The second part of the said section being under consideration, viz.
But those who conscientiously scruple to bear arms shall not be
compelled to do so, but shall pay an equivalent for personal service-
Amotion was made by Mr. Lev/is, seconded by Mr. Ogdeii, to
strike out, after the word "but," the word "shall," and ins.ert, in lieu
thereof, " may be obliged to." Which was determined in the negative.
A division of the question on the said second part of the section be¬
ing called for by Mr. Rewis, to the words " to do so."
On the question. Will the convention agree to that part of (he said
section? It was determined in the affirmative.
And on the questipn, Will the convention agree to the remainder of
the said section, viz. But shall pay an equivalent for personal ser¬
vicer The yeas and nays being called by Mr. lioberts, were as fol¬
low, viz.
YEAS.
m
re J*»'
Mr. Wilson
Baker
Lewis
M'K.ean
Gray
Robh
Hare'
Edwards
Barclay
Bull
Boyil
Hand
Coleman
Graff
Mr. Hubley
Miller
Siegle
Reed
Tyson
Pedan
Hill
Whitehill
Irvine
Power
Hiester
Lower
Lincoln
Groscop
Mr.
Gehr Mr.
Mawhorter
Arndt
líhoads
Powell
Piper
Smith
Snyder
Finrliey
Todd
Addison
Huge
Redick
J, Ross
Smilie
Gallatin
M'Lenè
Matthew«
.Morris
Coates
Gloninger
Brown
G ray don
Pickering
Henderson
Gibsüú
^4
NAYS.
Mr. Stout
T. Ross
Mr. Breckbill
Sitgreaves
Mr. Shoemaker
Newlin 9
Mr. Roberts
Ogden
Jenks
So it was determined in the affirmative, and the said section adopt¬
ed as follows, viz.
Section XXI. That the right of the citizens to bear arms in defence
of themselves and the state shall not be questioned : But those who
S64
MINUTES OF THE
conscientiously scruple to bear arms, shall not he compelled to dosOf
but shall pay an equivalent for personal service.
The twenty-second section of the ninth article being under coQsid'
eration, the same was adopted as follows, viz.
Section XXII. 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 kept in strict subordination to the
civil power.
The twenty-third section of the ninth article being und^rconsider-
tion, the same was adopted as follows, viz.
Section XXIÏI. I'hat no ^oldier shall, in time of peace, be quarter¬
ed in any house without the consent of the owner, nor in time of war,
but in a manner to be prescribed by law.
The twenty fourth section of the ninth article being under consid¬
eration, the same was adopted as follows, viz;
Section XXIV. That the legislature shall not. grant any title of
nobility or hereditary distinction, nor create any office the appoint¬
ment to which shall be fon a longer term than during good behaviour.
The twenty-fifth section of the ninth article being under considera¬
tion, viz, ,
Section XXV. That emigration from the state shall not be prohib¬
ited.
A motion was made by Mr. M'Kean, secopded by Mr. Lewis, to
amend the said section by adding the following words: "unless in
time of war."
Which was determined in the negative, and the original section
adopted.
The twenty-sixth section of the ninth article being under consider¬
ation, the same was adopted as follows, viz.
Section XXVI. 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 inviolate.
Adjourned until nine o'clock to-morrow, A. M.
THURSDAY, August Q5lh, 1790. M.
The convention met pursuant to adjournment.
Agreeably to the order of the twelfth instant, the fifth section of
the first article recurred, viz.
Sect. V. The senators shall be chosen for four years by the citizens
of I'hiladelphia and of each county respectively, at the sam^time, in
the same manner, and at the same places where they shall vote for
representatives.
A motion was made by Mr. Hare, seconded by Mr. Shoemaker, t»
amend tiie said section by adding the following words, viz.
All the citizens of tills commonwealth shall be entitled to vote in
the election of oacii senator.
- Ordered to lie on the table.
A motion was then made by Mr. M'Xean, seconded by Mr. Lewis,
to substitute the following in lieu of the fifth sectiou, viz;
Tiie citizens of the city of Philadelphia and of the several countiea
of this state qualified to elect representatives, when assembled for that
coNVÊNTiON or 1789"90.
purpose, shall, if occasion require, at the same time, at the same pla¬
ces, and in the same manner, for every representative, elect two per¬
sons resident within their said city or county respectively, as electors
of the senator or senators of their district.
On the question, Will the convention agree to the said substutite?^
The yeas and nays being called by Mr. Wilson, were as follow, vi^.
YEAS.
Mr. Roberts
Lewis
M'Kean
Gray
Mr. Wilson
Baker
Robinson
Ogden
Jenks
Barclay
Stout
Gibbons
T. Ross
Boyd
Graft'
Hubley
Breckbill
Mr. Hare
Bull
Hand
Mr. Coleman
Miller
Siegle
Mr. Smith
J Ross
Pickering
NAYS.
Mr." Reed
Tyson
Pedan
Dill
Whitehill
Irvine
Power
Hiester
Lower
Lincoln
Groscop
Gehr
Sitgreaves
Mr. Mawhorter
Arndt
Uhoads
Powell
Piper
Snyder
Findley
Todd
Addison
Höge
Redick
Smilie
Gallatin
Mr. M'Lene
Matthews
Morris
Coates
Shoemaker,
Gloningec
Brown
Graydon
Henderson
Gibson
Sellers
Newlin
51
So it was determined in the negative.
And the original section, with the amendment moved by Mr. Hare
and Mr. Shoemaker, recurring, it was, on motion of Mr. Wilson and
Mr. Graydon,
Ordered, That the further consideration thereof be postponed until
to-morrow.
The sixth section of the first article, postponed the twelfth instan^
being under consideration, viz..
Section VI, The number of senators shall, at the several periods of
making the enumer.ttion before mentioned, be fixed by the legislature«
and apportioned among the districts, formed as hereinafter directed,
according to the number of taxable inhabitants in each; and shall
never be less than one-fourth nor more than one-third of the number
of representatives,
A motion was made by Mr. M'Kean, seconded by Mr. Lewis, to
amend the said section so as to read as follows;
The number of senators shall, at the several periods of making the
enumeration before mentioned, be fixed by the legislature, and appor¬
tioned among the districts, formed as hereinafter directed, in a ratio
compounded of the number of taxable inhabitants in, and the quota of
state taxes assessed upon, each district, estimating the total amount of
the state taxation and the whole number of taxable inhabitants as equ%l
to each other, and shall never be less than one-iburth nor more that*
one-third of the number of representatives.
On the quesiian. Will the convention agree to the amendment?
The yeas and nays being called.by Mr. M'Kean, were as follow ê
34
S66
MINUTES OP THE
YEAS.
Mr. Ogdea Mr. Graff Mr. Pickering
Jenks Hubley Sellers
Stout Morris Newlia
Bull Shoemaker !$■
NAYS.
Mr. Baker
Lewis
M'Kean
Robinson
Mr. Wilson
Gibbons
T. Ross
Boyd
Hand
Coleman
Breckbiil
Miller
Siegle
Reed
Tyson
Pedan
Mr. Dill
Whitehill
Irvine
Power
Hiester
Lower
Lincoln
Groscop
Gehr
Sitgreaves
Mawhorter
Mr. Arndt
Rhoads
Powell
Piper
\ Smith
Snyder
Findley
Todd
Addison
Höge
Redick
Mr. J. Rofs
Smilie
Gallatin
M'Lene
Matthews
Cocites
Gloninger
Brown
Graydon
Henderson
Gibson
45
So it was determined in the negative.
Adjourned until nine o'clock to-morrow, A. M.
FRIDAY, August 20, 1790. A. M.
The convention met pursuant to adjournment.
Agreeably to the order of" the day, the fifth section of the first arti¬
cle, with the amendment proposed yesterday by Mr. Hare and Mr.
Shoemaker, being under consideration, f
A motion was made by Mr. Smith, seconded by Mr. Edwards, to
postpone the consideration of the fifth as well as the sixth sections of
the first article, in order to take into consideration the seventh sec¬
tion.
Mr. Hare withdrew his motion made yesterday.
On the question, Will the convention agree to the postponement
moved by Mr. Smith and Mr. Edwards?
It was determined in the affirmative.
The seventh section of the first article being then under considera¬
tion, VÍ7.
Sect. VII. The senators shall be chosen in districts to be formed by
the legislature, each containing, as nearly as may be, such a number of
taxable inhabitants as shall be entitled to elect one senator: Where that
cannot be done, then such number of adjoining counties shall be form¬
ed into one district as shall be entitled to elect not more than four
senators ; but neither the city of Philadelphia, nor any county, shall
be divided in forming a district.
A motion was made by Mr. Lewis, seconded by Mr. Sitgreaves, to
amend the said section so as to read as follows, viz.
The senators shall be chosen in districts, not fewer than three nor
more than six in number, to be formed of adjoining counties by the
legislature, in such manner as that each shall contain, as nearly as
maybe, an equal number of taxables: But neither the city of Phila¬
delphia nor any county shall be divided in forming a district.
CONVENTION OP Í789-90.
267
And on the •question, Will the convention agree to the amendment?
The yeas and nays being called by Mr. Smilie, were as follow, viz.
YEAS.
Mr. Wilson
Baker
,tRoberts
Lewis
M'Kean
Gray
Robinson
Hare
Mr. Edwards
Ogden
Jenks
Barclay
Stout
Gibbons
Bull
Graft'
Mr.
Hubley
Miller
Siegle
Tyson
Sitgreaves
Smith
Morris
Mr,
Coates
Shoemaker
G raydon
Pickering
Henderson
Sellers
Newlin
30
NAYS.
Mr. T.Ross Mr. Irvine
Boyd
Hand
Coleman
Breckbill
Reed
Pedan
Dill
VVhitehill
Power
H lester
Lower
Lincoln
Groscop
Gehr
Mawhorter
Arndt
Mr. Rhoads
Powell
Piper
Snyder
Findley
Todd
Addison
Höge
Redick
Mr. J. Ross
Smilie
Gallatin
M'Lene
Matthews
Gloninger
Brown
Gibson
35
So it was determined in the negative.
It was then moved by Mr. Gallatin, seconded by Mr. Höge, to
amend the said section to read as follows :
The senators shall be chosen in districts, to be formed of adjoining
counties by the legislature, each containing such a number of taxable
inhabitants as shall be entitled to elect not more than four senators:
But neither the city of Philadelpliia nor any county shall be divided
in forming a district.
On the question, Will the convention agree to the section as amend¬
ed ? The yeas and nays being called by Mr. Sitgreaves, were as
follow r
YEAS.
Mr. Wilson
Baker
Roberts
Lewis
M'K.ean
Gray
Robinson
Hare
Ogden
.Tenks
Barclay
Stout
Mr. Gibbons
T. Ross
Dill
Whitchill
Power
Mr. Bull
Boyd
Hand
Coleman
Graft'
Hubley
Breckbill
Miller
Siegle
Reed
Tyson
Pedan
NAYS.
Mr. Hiester Mr, Gphr
Dower Rhoads
Lincoln Findley
Groscop
Mr. Irvine
Sitgreaves
Mawhorter
Arndt
Powell
Smith
Snyder
Addison
Höge
Redick
Smihc
Mr. Gallatin
Morris
Coates
Shoemaker
Brown
Graydon
Pickering
Henderson
Gibson
Sellers
Newlin
4a
Todd
Mr. J. Ross
M'Lene
Mathews
Gloninger
«68
MINUTES OF THE
So it was determined in the afErmative, and the section, as amend«
ed, adopted.
The fifth section of the first article recurring, viz.
Section V. The senators shall be chosen for four years by the citi¬
zens of Philadelphia and of each county respectively, at the same
time, in the same manner and at the same places where they shall
vote for representatives.
A motion was made by Mr. Lewis, seconded by Mr. M'Kean, to
strike out the word "four," and insert, in lieu thereof, the word
six."
On the question. Will the convention agree to the same ? The yeas,
and nays being called by Mr. Lewis, were as follow:
YEAS.
Mr. Baker
Lewis
M'Kean
Mr. Wilson
Roberts
Robinson
Edwards
Ogden
Jenks
Barclay
Stout
Bull
Boyd
Hand
Coleman
lîubley
Breckbill
Mr. Gray
Hare
Mr. Gibbons
T. Ross
NAYS.
Mr. Miller
Siegle
Reed
Tyson
Pedan
Dill
Whitehill
Irvine
Power
Hiester
Lower
Lincoln
Groscop
Gehr
Mr. Silgreaves
Mawhorter
Arndt
Rhoads
Powell
Piper
Smith
.Snyder
Findley
Todd
Addison
Höge
Redick
J. Ross
Mr. Graff
Newiin
Mr. Smilie
Gallatin
M'Lene
Matthews
Morris
Coates
Shoemaker
Gloninger
Brown
Graydon
Pickering
Henderson
Gibson
Sellers 56
So it was determined in the negative, and the original section
adopted.
The sixth section of the first article recurring, the same was adopt¬
ed as follows :
Sect. VI. The number of senators shall, at the several periods of
making the enumeration before mentioned, be fixed by the legislature,
and apportioned among the districts, formed as hereinafter directed,
according to the number of taxable inhabitants in each ; and shall never
be less than one-fourth, nor more than one-third of the number of rep¬
resentatives.
The eighth section of the first article being under consideration, viz.
Sect VIII. No person shall be a senator who shall nut have attain¬
ed the age of twenty-five years, and have been a citizen and inhab¬
itant of the state four years next before his election, and the last jear
thereof an inhabitant of the district for which he shall be chosen.
A motion was made by Mr. James Ross, seconded by Mr. Thomas
Ross, to add the following words to the said section :
Unless he shall have been absent on the public business of the Uni¬
ted States or of this state.
^Vhich was determined in the affirmative^
■CONVENTION OF 1789-90.
369
It was moved by Mr. M'Kean, seconded by Mr. Sellers, to add the
following words to the said section, viz.
Nor unless he shall be seized, in fee simple, at the time of his elec¬
tion, of five hundred acres of land within this commonwealth, or pos¬
sessed of real and personal estate to the value of five hundred pounds.
On the question. Will the convention agree to the same?
The yeas and nays being called by Mr. M'Kean, were as follow, viz-
YEAS.
Mr. M'Kean
Mr. Siegle
Mr. Sellers
Jenks
Morris
Newlin
9
NAYS.
Mr. Hubley
Mr. Gehr
Mr. Redick
Breckbill
Sitgreaves
J. Ross
Miller
Mawhorter
Smilie
Reed
Arndt
Gallatin
Tyson
Rhoads
M'Lene
Pedan
Powell
Matthews
Dill
Piper
Coates
Hiester
Smith
Shoemaker
Whitehill
Snyder
Brown
Irvine
Findley
Graydon
Power
Todd
Pickering
Lincoln
Addison
Henderson
Groscop
Höge
Gibson 52
Mr. Baker
Roberts
Lewis
Mr. Wilson
Gray
Robinson
Edwards
Barclay
Stout
Gibbons
Bull
T. Ross
Boyd
Hand
Coleman
Graft'
So it was determined in the negative.
A motion was made by Mr. Pickering, seconded by Mr. M'Kean,
to add the following words to the said sectinn, viz.
Nor unless he is seized of a clear real estate of the value of five hun¬
dred pounds.
Which was determined in the negative, and the said eighth sec¬
tion, as amended, adopted as follows :
Section VÍII. No person shall be a senator, who shall not have at¬
tained the age of twenty-five years, and have been a citizen and inhab¬
itant of the state four years next before his election, and the last year
thereof an inhabitant of the district for which he shall be chosen, un¬
less he shall have been absent on the public business of the United
States or of this state.
Mr. M'Kean withdrew his seconding the motion of Mr. Roberts,
made the thirteenth instant, to amend the fourth section of the second
article.
The ninth section of the first article being under consideration, the
same was adopted as follows, viz.
Sect. IX. Immediately after the senators shall be assembled in
consequence of the first election subsequent to the first enumera¬
tion, they shall be divided, by lot, as equally as may be, into
four classes. The seats of the senators of the first class shall be va¬
cated at the expiration of the first year ; of the second class, at the
expiration of the second year; of the third class, at the expiration of
the third year ; and of the fourth class, at the expiration of the fourth
year; ao that ene-fourth may be chosen every year,
miíUTES OP THE
A motion was made by Mr. James Ross, seconded by Mr. Thomal
Ross, to l e-consider the third section of the first article, viz.
Sect. III> No person shall be a representative, who shall not have
attained the age of twenty-one years, and have been a citizen and in¬
habitant of the state three years next preceding his election, and the
last year thereof an inhabitant of the city or county in which he shall
be chosen ; and no person residing within any city, town or borough,
which shall be entitled to a separate representation, shall be elected a.
member for any county ; nor shall any person residing without the
limits of any such city, town or borough, be elected a member
thereof.
In order to insert, after the words " in which he shall be chosen,"
the words " unless he shall haveöeen absent on the public business of
the United States or of this state."
On the question, \Vill the convention agree to the amendment ?
It was determined in the affirmative, and the section, as amended,
adopted.
Adjousned until nine o'clock to-morrow, A. M.
SÂTURD^r, Mgust 21, 1790. A. M.
The convention met pursuant to adjournment.
A memorial from the religious society of people called Quakers was
presented to the chair, and read as follows :
To the convention now sitting in Philadelphia :
Tlie memorial of the people called Quakers,
Respectfully sheweth,
That ever since the establishment of our religious society we have
professed and declared to the world our faith in a divine principle,
wliicli breathes peace on earth and good will to men, and have
been thereby constrained to bear testimony against wars and blood¬
shed, for which our conscientious persuasion, we have sufiered Both
by imprisonment and great spoiling of goods.
That our ancestors, who had deeply suffered in their native land,
and well knew the inestimable value of liberty of conscience, encoun-
tereil the dangers and difficulties of settling and improving, at their
own expence, this then a wilderness country, in hopes of enjoying,
without molestation, those immunities and privileges which they be¬
lieved to be divinely authorised ; and, as a security therefor, our then
worthy prpprietor, William Penn, in his charter of privileges, declares
and grants as follows:
" Because no people can be truly happy, though under the greatest
enjoyment of civil liberties, if abridged of the freedom of their con¬
sciences, as to their religious profession and worship: And Almighty
God being the only Lord of conscience, father of lights and spirits,
and the author as well as object of all divine knowledge, faith and
worship, who only doth enlighten tiie minds, and purspade and con¬
vince the understandings of people ; I do hereby grant and declare.
That no person or persons, inhabiting in this province or territories,
who shall confess and acknowledge one Almigh^ God, the creator,
upholder and ruler of the world, and profess him or themfillves obli¬
ged to live peaceably under the civil governmenti shall be in any case
CONVENTION CE 1789-90. S71
tholested or prejudiced in his or their person or estate, because of his
or their conscientious persuasion or practice, nor be compelled to fre¬
quent or maintain any religious wor8hi|), place or ministry, contrary
to his or their mind, nor do or suflerany other act or thing, contrary
to their religious persuasion."
W ith the sentiments expressed in this charter, the third section of
the ninth article of your proposed constitution coincides; but, we ap¬
prehend, the twenty-first section of the same article materially affects
our religious liberties, which proposes that those who conscien¬
tiously scruple to bear arms shall pay an equivalent for personal ser¬
vice ; such an equivalent it is well known we cannot, consistent with
our principles, voluntarily pay, and therefore become subjected either
to distraint on our estates or imprisonment of our persons, so that un¬
der such a clause we are liable to suffer fine'or imprisonment on ac ¬
count of our religious persuasion.
And as we believe there is a disposition in the convention to avoid
and discourage persecution, we trust you will see the impropriety of
retaining such a parapraph in the proposed constitution.
With desires that Divine Wisdom may direct you in the very
weighty business on which you are convened.
We are your FRIENDS.
Signed in, and on behalf of, a meeting representing
our religious society in Pennsylvania, ^'c. held in
Philadelphia, the &Oth day of the 8th month, 1790.
JAMES PEMBERTON, Clerk at this time.
Ordered to lie on the table.
The fourth section of the second article being under consideration,
the same was adopted as follows, viz.
Sect. IV. He shall be, at least, thirty years of age ; and have been a
citizen and inhabitant of this state seven years next before his elec¬
tion ; unless he shall have Leen absent on the public business of the
United States or of this state.
The seventeenth section of the second article being under consid¬
eration, viz.
SectXVII. A secretary shall be appointed ami commissioned during^
the governor's continuance in office, if he shall so long behave himself
well. He shall keep a fair register of all the official acts and proceed¬
ings of the executive department, and shall, when required, lay the
same and all papers, minutes and vouchers relative thereto, before eith¬
er branch of the legis atme, and shall pciiorm such other duties as
shall be enjoined him by law.
A motion was made by Mr. Wilson, seconded by Mr. Findlev, to
strike out the words "during the governor's continuance in office, if
he shall so long behave himself Well," and, in lieu thereof, to insert
the words "by the governor.''
Which was determined in the negative.
On the question. Will the convention adopt the original section ^
The yeas and nays being called by .Mr. ügden, were as lollow :
YEAS.
Mr. Baker Mr. M'Kean Mr. Gibbons Mr. Coleman
Roberts Gray T. Ross Hubley
Lewis Edward's Hand Miller
567«
MINUTES OF tHE
Mr. Siegle
Tyson
Pedan
Dill
Whitehill
Irvine
Power
Lower
YEAS.
Mr. Lincoln Mr. Todd
Groscop
Gehr
Mawhorter
Powel
Piper
Smitli
Findley
NAYS
Addison
Reclick
J. Ross
Smilie
Gallatin
M'Lene
Matthews
Mr. Morris
Coates
Shoemaker
Brown
Graydon
Pickering
Gibson
Newlin 44
Mr. Snyder.
Höge
Henderson
Sellers
Mr. Wilson Mr. Stout Mr. Hiester
Robinson Bull Sitgreaves
Hare Boyd Arndt
Ogden Breckbill Rhoads
Barclay Reed 18
So it /Was determined in the affirmative.
The Gonvéntion resumed the consideration of the second section of
the fourth article, with the amendment proposed by Mr. Sitgreaves,
seconded by Mr. M'Rean, the 13th instant.
On the question, Will the convention agree to the proposed amend-
ment ? The yeas and nays being called by Mr. Lewis, were as fol¬
low :
YEAS.
Mr. Baker
Lewis
M'lCean
Robinson
Gibbons
Bull
Mr. Wilson
Roberts
Gray
Hare
Edwards
Ogden
Barclay
Stout
T. Ross
Boyd
Breckbill
Mr. Hand
Coleman
Hubley
Miller
Siegle
Mr. Tyson
Sitgreaves
Arndt
Rhoads
Powell
NAYS.
Mr. Redick
Coates
Shoemaker>
Brown
Henderson
21
Mr. Reed
Pedan
Dill
Whitehill
Irvine
Power
Hiester
Lower
Lincoln
Groscop
Gehr
Mr. Mawhorter Mr. Gallatin
Piper
Smith
Snyder
Findley
Todd
Addison
Höge
J. Ross
Smilie
M'Lene
Matthews
Moi ris
Gloninger
Graydon
Pickering
Gibson
Sellers
Newlin
42
So it was determined in the negative, and the orignal section adopts
ed as follows:
Section 11. All impeachments shall be tried by the senate: When
sitting for that purpose, the senators shall be on oath or affirmation.
No person shall be convicted without the concurrence of two-thirds of
the members present.
'J'he convention resumed the consideration of the motion made by
Mr. i^iid Mr. Newlin, the fourteenth instant, to re-consider
the third section of the fpurth article, in order to add the following
w ords thei^to, viz.
CONVENTION OP 1789-90.
No impeachment shall be sustained against any person unless com
menced within years ai'ter the offence shall have been committed.
On the^uestion, Will the convention agree to re-consider the said
section for the aforesaid purpose í
It was determined in the negative.
A motion was made by Mr. Sitgreaves, '^seconded by Mr. Lewis,
to re-consider the section, viz.
Section III. The governor, and all other civil officers under this
cömmonwealth, shall be liable to impeachment for any misdemettnor
in office. But judgment, in such cases, shall not extend further than
to removal from office and disqualification to hold any office of honor,
trust or profit under this commonwealth ; the party, whether convict¬
ed or acquitted, shall, nevertheless, he liable to indictment, trial, judg-.
ment and punishment according to law.
In order to strike out the words " the party, whether convicted or
acquitted, shall, nevertheless, be liable to indictment, trial, judgment
and punishment according to law."
On the question. Will the convention agree to rp-consider the sec-,
tion, for the aforesaid purpose ? The yeas and pays bail's called by
Mr, Sitgreaves, were as follow, viz;, *
YEAS,
^r. Baker Mr, Gray «Mr. Redick Mr. Graydon
M'Kean Sitgreaves Morris f
NATS.
Mr. Lower
Lincoln
Qroacop
Gehr
Mawhorter
Arndt
Khoad^
Powell
Piper
Smith
Snyder
Find ley
Addison
Mr. Höge
Smiiie
Gallatin
M'Lene
Matthews
Coates
Brown
Pickering
Gibson
Henderson
Sellers
Neyvlin
Mr. Wilson Mr, Graff
Roberts Hubley
Robinson Breckbill
Hare Miller
Edwards Siegle
Barclay Reed
Stout Tyson
Gibbons Pedan
Bull Dill
T- Ross Whitehill
Boyd Irvine
Hand Power
Coleman Hiester Addison
So it was determined in the negative.
On motion. Ordered, That Mr. Wilson, Mr. Lewis, Mr. Smith, Mr,
Findley and Mr. Addison, be a cpmmittee to revise, correct and ar¬
range so much of the constitution for the government of this common¬
wealth as hath been adopted by this convention.
A motion was made by Mr. Findley, seconded by Mr. Gallptin, to
re-consider the seventeenth section of the first article so far as the
same relates to the privileges of the members of the senate and of the
house of representatives, Whereupon,
On motion. Ordered, Tbat the consideration of the said motion
postponed.
On motion of Mr. Smiiie, seconded by Mr. Shoemaker,
Ordered, That Monday next be assigned for the second reading of
the memorial of the religious society called Quakers.
Adjourned uutii three o'clock on Monday next, P. M,
35
m
MINUTES UF THE
MONDAY, August 23,1790, P. M.
The cónvention met pursuant to afljounment.
Agreeably to the order of the day, the memorial of the religious so¬
ciety of the people called Quakers, was read the second time.
Whereupon, On motion,
Ordered, That the further consideration thereof be postponed.
A motion was made by Mr. Lewis, seconded by Mr. M'K.ean. to re»
consider the twenty-first section of the ninth article, viz.
Setítion XXI. That the right of the citizens to bear arms in defence ,
of themselves and the state shall not be questioned : Rut those who
conscientiously scruple to bear arms, shall not be compelled to do so,
but shall pay an equivalent for personal service.
On the question, Will the convention agree to re-consider the said
section ? The yeas and nays being called by Mr. Kedick, were as fol¬
low, viz.
YEAS.
Mr. Wilson Mr. Robinson Mr. Stout Mr. Morris
Baker Hare T. Ross Oraydon
Roberts Edwards Graff Pickering
Lewis Ogden Breckbill Sellers
M'Kean Jenks Tyson Newlin
Gray Barclay Sitgreaves 23
NAYS.
Mr. Bull Mr. Whitehill Mr. Powell Mr. Gallatin
Boyd Irvine Piper M'Lene
Hand Power Smith Matthews
Coleman Hiester Snyder Coates
Hubley Lower Findlcy Gloninger
Miller Lincoln Addison Brown
Siegle Groscop Höge Henderson
Reed Gehr Redick Gibson
Pedan Mawhorter J. Ross Beale
Dill Rhoads Smilie 39
So it was determined in the negative.
Adjourned until nine o'clock to-morrow, A. M.
TUESDAY^ August 24, 1790. A, M.
The convention met pursuant to adjournment.
The seventh section of the ninth article being under consideration,
viz.
Section VI1. That the printing press shall be free to every person
who undertakes to asamine the proceedings of the legislature or any
branch of government : Ami no law shall ever be made restraining 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 an^ subject, being responsible for the abuse
of that liberty. In prosecutions for libels, their truth or design may
be ^vcn in evidence on the general issue, and their nature and ten¬
dency, whether proper lor public information, or only for private ridi-
CONVENTION OF 178ír--90.
cule or malice, be determined by the jury, under the direction of the
court, as in other cases.
A motion was made by Mr. Lewis, seconded by Mr. M'Kean, to
strike out the remainder of the section after the words " for libels,"
and in lieu thereof, to insert *' the jury siiall have the same riglit to de¬
termine tiic law and the fact, under the direction ol the court, as in
other cascs.^'
It was moved by Mr; Wilson, seconded by Mr. Gallatin, to amend
the amendment by inserting, before the words " the jury," the words
"their truth or design may be given in evidence on the general issue."
A motion was then made by Mr. Smith, seconded by Mr. M'Lene,
to postpone the consideration of the said motions, in order to amend
the said section to read as follows, viz.
Section VII. That the printing press 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 restraining 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. Upon indictments for the publication of papers investigating
the conduct of individuals in their public capacity, or of tho^e apply¬
ing or canvassing for office, the truth of the facts alleged may be given
in evidence on the general issue. And the jury shall have the same
right to determine the law and the fact, under the direction of the
court, as in other cases.
On the question. Will the convention agree to the postponement
for the aforesaid purpose ? The yeas and nays being called by Mr.
Ogden, were as follow:
YEAS,
Mr. Baker Mr. Stout Mr. Sitgreaves Mr. Morris
Lewis Coleman Arndt Coates
M'Kean Hand Rhoads Brown
Gray Graff Smith Pickering
Robinson Hubley Redick Gibson
Ogden Breckbill J- Ross Sellers
Jenks Miller M'Lcne Newlin
Barclay Tyson 30
NAYS.
Mr. Wilson Mr. Reed Mr. Lincoln Mr. Todd
Roberts Pedan Groscop Addison
Hare Dill Gehr Höge
Edwards Whitehill Mawhorter Smilie
Bull Irvine Powell Gallatin
T. Ross Power Piper Matthews
Boyd Hiester Snyder Gloninger
Siegle Lower Findley Graydon 32
So it was determined in the negative.
The motion made by Mr. Wilson, seconded by Mr. Gallatin, then
recurring.
On the quetion, Will the convention agree to the same? The yeas
and nays being called by Mr, M'Kean, were as follow ;
¡MINUTES OU THE
TEAS.
Mr. Wilson Mr. Irvine Mr. Piper Mr. Gallali*
Hare Power Snyder M'Lene
Edwat'ds Lowei^ Findley Matthews
IJoyd Linteln Tbdd Gloninger
Reed Groscöp Addison Brown
Pedan Gehr Höge ' Gravdon
Dill Mawhortcr Smilio' Bealc
Whitfehill Powell 80
NAYS.
Mr. Baker Mr. Barclay Mr. Breckbili Mr. Redick
Roberts Stout Siegle J. Ross
Lewis Bull Miller Morris
M'Kean T.Ross Tyson Coates
Gray Hand Sitgreaves Pickering
Robinson Coleman Arndt Gibson
Ogden Graff Bhoadk Sellers
Jenks Hubley Smith Newlin 3â
So it was determined in the negative.
Adjourned until nine o'clock to-morrow, A. Mi
WEBJ^ESDAY, August 25, 1790, A. M
"ïbe convention mtet pursuant to adjournment.
The seventh section of the ninth article, with the amendment moV-
'cd yesterday by Mr. Lewis, seconded by Mr. M'Kean, recurring,
A motion was made by Mr. Redick^ seconded by Mr. Reed, to
postpone the consideration of Mr. Lewis and Mr. M'Kean's motion,
in order to amend the section as follows, viz.
Section Vtl. That the printing press shall be free to every person
who undertakes to exaiftine the proceedings of the legislature or any
branch of government: And no law shall èver be made restraining
the right tliereof. The Tree 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
m that liberty. In p-osecutions for libels, their truth may be given
in evidence on the general issUe, and their nature and tendency,
whether proper for public and useful information, or whether calcula¬
ted for ridicule ot private malice, to be determined by the jury, under
the direction of the court, as in other cases.
On the question. Will the house agree to the postponement for thè
aforesaid purpose ? The yeas and nàys being called by Mr. Lewis,
Were as follow :
YEAS.
Mr. Wilson Mr. Hiester Mr. Powell Mr. Gallatin
Hare Lower Piper M'Lene
Boyd Lincoln Addison Matthews
Reed Groscop Redick < Graydon
i>id 'Gellt SmïKe 'Beale
jPowér
tOïîVENTION OF 1789-90.
«77
Mr. Baker
Mr. Bull
Mr. Whitehill
Roberts
T. Rosfl
Irvine
i,ewis
Hand
Arndt
M'Kean
Breckbill
Rhoads
Gray
Hubley
Smith
Robinson
Graff
Snyder
Ogden
Miller
Findley
Jenks
Siegle
Todd
Barclay
Tyson
Höge
Stout
Pedan
J. Ross
NAYS.
Mr. Morris
Coates
Shoemaker
Gloninger
Brown
Pickering
Henderson
Gibson
Sellers
Newlin 40
So it was determined in the négative, and thei'eupon the amend¬
ment moved yesterday by Mr. Lewis, seconded by Mr. M'Kean,
ndopted, VÍ7..
To insert,-after the words in the original section, " In prosecutions
Tor libels," the words "the jury shall have the same right to deter¬
mine the* law and the facts, under the direction of the court, as in
nther cases." '
A motion was made by Mr. Addison, seconded by Mr. Wilson, fur¬
ther to amend the last proposition as follows
In prosecutions for the publication of papers investigating the con¬
duct of officers or men in a public capacity, or where the matter pub»^
lished is necessary or proper for public information, the truth thereof
may be given in evidence, in justification, on the general issue ; 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.
It was moved by Mr. Lewis, seconded by Mr. M'Kean, to post¬
pone the consideration of the said motion in order to introduce the
following in lieu thereof, viz.
In indictments for the composing, making or publishing of papers
investigating the conduct of individuals in their official capacity, the
truth of the facts may be given in evidence and in all prosecutions
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.
On the question, Will the convention agree to the postponement
for the aforesaid purpose ? The yeas and nays being called by Mr.
Wilson» were as follow :
YEAS.
Jïr. Baker
Roberts
Lewis
M'Kean
Gray
Robinson
Ogden
Mr. Wilson
Hare
Edwards
Bull
T. Ross
Mr. Jenks
Barclay
Stout
Coleman
Graff
Hubley
Miller
Mr. Boyd
Hand
Breckbill
tleed
Tyson
Mr. Siegle
Sitgreaves
Arndt
Smith
J. Ross
Morris
NAYS.
Mr. Pedan
Dill
Whitehill
Irvine
Powor
Mr. Coates
Shoemaker
Pickering
Henderson
Sellers
Newlin
26
Mr. Hiester
Lower
Lincoln
Groscop
Gehr
MINUTES OF THE
NAYS.
Mr. Gallatin
M'l/cne
Mattt\ews
Gioiiinger
Mr. Brown
Grayilon
Gibson
Ueale
Mr. Rhoarls Mr. Todd
Powell Addison
Pi pel Huge
Snyder Kedick
Findley Smilie 38
So it was determined in the negative.
The motion made by Mr. Addison, seconded by Mr. Wilson, re¬
curring, a motion was then made by JSlr. Lewis, seconded by Mr.
M'Kean, to insert the word "official" betöre the word " conduct."
Which was determined in the affirmative.
It was moved by Mr. Lewis, seconded by Mr. M'Kean, to strike
out the words "on the general issue."
Which was determined in the aßirmative.
A motion was made by Mr. Sitgreaves, seconded by Mr. Lewis, to
strike out the words "in justification."
On the question. Will the convention agree to the same? The
yeas and nays being called by Mr. Lewis, were as follow, viz.
YEAS.
Mr. Baker
Roberts
Lewis
M'Kean
Gray
Robinson
Ogden
Jenks
Stout
Mr. Wilson
Hare
Edwards
Barclay
Boyd
Breckbill
Reed
Pedan
Mr. Bull
T. Ross
Hand
Coleman
Graff
Hubley
Miller
Siegle
T
yson
Mr. Sitgreaves
Arndt
Khoads
Smith
Todd
Redick
J. Ross
Morris
Coates
NAYS.
Mr. Hill
Whitehill
Irvine
Power
Hiester
Lower
Lincoln
Mr. Groscop
G ehr
Powell
Piper
Snyder
Findley
Addison
Mr. Shoemaker
Brown
Graydon
Pickering
Henderson
Gibson
Sellers
Newlin
35
Mr. Höge
Smilie
Gallatin
M'Lene
Matthews
Gloninger
Beale '
29
So it was determined in the affirmative.
On the question, Will the convention agree to the amendment mov¬
ed by Mr. Addison, seconded by Mr. Wilson, as amended, viz.
In prosecutions for the publication of papers investigating the offi¬
cial conduct of officers or men in a public capacity, or where the
matter published is necessary or proper for public information, the
truth tlicreof may be given in evidence ; and in all indictments for li¬
bels the jury shall have a right to determine the law and the facts un¬
der the direction of the court, as in other cases r"
The yeas and nays being called by Mr. Thomas Ross, were as
follow, A [/-..
CONVENTION OF 1789--90,
S97
YEAS.
Mr. Wilson
Baker
Roberts
I^ewis
M'Kean
Gray
Robinson
H aie
Edwards
Jenks
Barclay
Stout
Bull
T. Ross
Boyd
Hand
Mr. Coleman
Graft"
Hubley
Breckbill
Miller
Siegle
Reed
Tyson
Pedan
Hill
Whitehill
Irvine
Power
Hiester
Lower
Lincoln
Mr. Groscop
G ehr
Arndt
Rhoads
Powell
Piper
Smith
Snyder
Findley
Todd
Addison
Höge
Redick
J. Ross
Sinilie
Mr. Gallatin
M'Lene
Matthews
Morris
Coates
Shoemaker
Gloninger
Brown
Graydon
Pickering
Henderson
Gibson
Beale
Sellers
Newlin 62
NAYS.
Mr. Ogden Mr .Sitgreaves 2
So it was determined in the affirmative, and the seventh section of
the ninth article adopted as follows, viz.
Section VII. That the printing presses shall be free to every per¬
son, who undertakes to examine the proceedings of the legislature or
any branch of government : and no law shall ever be made restrain¬
ing the right thereof. The free, communication of thoughts and opin¬
ions 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 prosecutions for the publication of papers,
investigating the official conduct of officers, or men in a public ca¬
pacity, or where the matter published is necessary or proper for pub¬
lic 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.
Adjourned until nine o'clock to-morrow, A JÑI.
THÜRS IMF, August mth, 1790. A. M.
The convention met pursuant to adjournment.
Agreeably to notice given the twenty-first instant, Mr. Findley
moved to re-consider the seventeenth section of the first article, sec¬
onded by Mr. Gallatin. On the question, Will the convention agree
tore-consider ?
It was determined in the affirmative.
And the seventeenth section being under consideration, viz.
Section XVII The senators and representatives shall receive a
compensation for their services to be ascertained by law, and paid out
of the tre.isu ry of the commonwealth. They shall in all cases, except
treason, felony and breach of the peace, be privileged ftom arrest du¬
ring their attendance at the session of the respective houses, and ingo¬
ing to and returning from the same ; and for any speech or debate in
either house they shall not bé questioned in any other place.
MINÚTE8 OF TBB
A motion was made by Mr. Findley, seconded by Mr. Gallatin, tn
amend the section by inserting after the word "hïtach," the worda
«'or surety."
It was moved by Mr. Let^s, seconded by Mr. Bull, to postpone the
consideration of the said motion in order to introduce the following
amendment in lieu thereof, viz.
Breaches of the peace for which surety of the peace may be requi¬
red.
On the question, Will the convention agree to the amendment of
Mr. Lewis and Mr. Bull ?
It was determined in the negative.
And thereupon the amendment moved by Mr. Findley, seconded by
Mr. Gallatin, recurring, it was, on motion of Mr, Wilsoíf, seconded
by Mr. M'Lene, Ordered, that the further consideration thereof be
postponed until to-morrow.
A letter from the Reverend William Smith, D. D. was read, to¬
gether with an address enclosed , and ordered to lie on the table.
A motion was made by Mr. Wilson, seconded by Mr. Lèwis to re¬
consider the tenth section of the ninth article, viz.
Section X. That no person shall, for any indictable offence, be
proceeded against, criminally, by information ; except Jbr oppression
or rnisdemeanor in office, and in cases arising in the land or navaf
i'erces, or in the militia when in actual service in time of war or pub¬
lic danger ; nor shall any person, for the same offence, be twice put ii\
jeopardy of life or limb j 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,
Which was determined in the affirmative.
A motion was then made by Mr. Lewis, seconded by Mr. M'Kean,
to amend the section to read as follows, viz.
Section X. That no person shall, for any indictable offence, be
proceeded against, criminally, by information ; except in cases aris-
ing^ in the land or naval forces, or in the militia when in actual ser¬
vice in time of war or public danger, or, by leave of the court, for
oppression or mlcdemeanor in office ; Nor shall any person, for the
same oflence, be twice put in jeopardy ot life or limb ; nor shall any
man's property be taken, or applied to public use, without the consent
tifhis representatives, and without just compensation being made.
Which was determined in the affirmative.
It was moved by Mr. Wilson, seconded by Mr. Smith, to strike
out the words "for oppression or misdemeanor in office."
On the question. Will the convention agree to strike out the words?
The yeas and nays being called by Mr. Wilson, were as follow, viz.
VEAS.
Mr. Wilson Mr. Piper Mr. Addison Mr. M'Lene
Stout Smith Höge Matthewa
Whitehill Snyder Redick Gloninger
Irvine Findley Smilie Graydon
Power Todd Gallatin Peale 21
G ehr
NAYS,
Mr. Baker Mr. M'Kean Mr. Ogden Mr* Gibbons
Roberts Robinson Jenks Bull
Lewis Jîdwards Barclay T. Rosa
CONVENTION OF 1789-00.
NAÏS.
Mr. Ba3rd Mr. Reed Mr. Silgreaves Mri ßrowa
Hand Tyson Rhoads Pickering
Coleman Pedan Powell Henderson
Graff Dill J.Ross Gibson
Hubley Hiester Coates Sellers ■
Breckbill Grosoop Shoemaker Newlin 36
So it was determined in the negative, and the section, as amended
by Mr. Lewis and Mr. MfKean, recurring, on the question. Will the
convention adopt tiie same ?
It was determined in the affirmative.
Ailjourned until nine o'clock to-morrow, A. M.
FRIDAY, August 27, 1790, M,
The convention met pursuant to adjournment.
A letter from Michael Billmeyer was read as follows, viz.
SIR,
Having been informed that Melchior Steiner, who is appointed to
print the minutes of the convention, in the German language, has it not
in his power to accomplish the business so soon as the convention wish
to have it done, I am willing (if the convention shall think proper to
appoint me) to undertake the printing of the minutes of the commit¬
tee of the whole, consisting of 101 pages, which I will engage to fin¬
ish against the fifth day of October next, and to print the minutes of
the present session (if they shall be ordered to be done) with an equal
degree of expedition.
I have the honor to be, most respectfully,
SIR,
Your very humble servant,
MICHAEL BILTxMEYER.
His excellency the president of the
convention of Pennsylvania now convened.
A motion was made by Mr. Ogden, seconded by Mr. Sitgreaves, as
follows, viz.
Resolved, that Michael Billmeyer be appointed to print the minutes
of the committee of the whole, of the last session, in the German lan¬
guage, and to do the future printing to the convention in the said
language; and that the former resolution appointing Melchior Steiner,
printer of the convention be rescinded so far as respects the business
BOW assigned to Michael Billmeyer.
A motion was made by Mr. Redick, seconded by Mr. Smilie.
To postpone the resolution moved by Mr. Ogden and Mr. Sit¬
greaves, in order to introduce a motion, that the committee appoin¬
ted to superintend the printing of the journals in the German language
take orde^in the premises-
On the 'l|uestion, Will the convention agree to the postponement
for the aforesaid purpose ?
It was determined in the negative, and thereupon the motion of
Mr. Ogden and Mr. Sitgreaves adopted.
36
MINUTES OF THE
A motion was made by . Mr. Wilson, seconded by Mr. M'Kean, io
re-consider tl>e clevenjh section of tlie ninth article, viz.
Section XI. That all courts shall he open, and every man for an
injury done hiiu 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.
In order to add the following amendment thereto, viz.
Suifs may hf brought against the commonwealth as well as against
other bodies corporate and individuals.
On the question, Will the convention agree to the amendment?
It was determined in the affirmative and the section, as amended,
adopted as follows :
Section XT. 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 as well as gainst other bodies corporate and individuals.
Agreeably to the order of the day the seventeenth section of the
first article recurring, viz.
Sect- XVII. The senators and representatives shall receive a com¬
pensation for their services, to be ascertained by law, and paid out of
the treasury of the commonwealth. They shall in all cases, except trea¬
son, felony and breach of the peace, be privileged from arrest, during
their attendance at the session of the respective houses, and in going to
and returning from the same ; and for any speech or debate in either
bouse they shall not be questioned in any other place.
Sogether with the amendment proposed by Mr. Findley and Mr.
atin, to insert, after the word "breach,'' the words "or surety."
On the question, Will the convention agree to the amendment? The
yeas and nays being called by Mr. Henderson, were as follow: viz.
YEAS.
Mr. Wilson Mr. Irvine Mr. Piper Mr. Matthews
Edwards Power Findley Morris
Hard ay Heister Todd Coates
T. Ross Lower Addison Gloninger
Boyd Lincoln Redick Brown
Pedan Groscop Smiiie Graydon
Dili Gehr Gallatin Gibson
Whitehill Powell M'Lcnc Beale ■ Sâ
NAYS.
Mr. Baker Mr. Jenks Mr. Miller Mr. Höge
Roberts Stout Tyson J. Ross
Lewis Gibbons Reed Shoemaker
M'Kean Bull Sitgreaves Pickering
Gray Hand Arndt Henderfon
Robinson llubley Rhoads Sellers
Hare Breckbili Smith Newlin SO
Ogdcn Siegle
So it was determined in the affirmative, and the section as amen¬
ded, adopted.
A motion was made by Mr. Lewis, seconded by Mr. Redick, to
re-consider the sixteentn section of the second article, viz,.
convention of 1789-90.
Sect. XVI. The state treasurer shall be appointed annually, by the
joint vote of the members of both houses. All other officers in the
treasury department, electron officers*, oificers relating to taxes, to the
poor and highways, constables and other township officers, shall be ap¬
pointed in such manner as is or shall be directed by law.
In order to amend the same by adding, after the word "depart¬
ment," the words "attornies at law."
On the question. Will the convention agree to the amendment?.
It was determined in the affirmative, and the section, as amen¬
ded, adopted as follows, viz.
Section XVI. 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
relating to taxes, to the poor and highways, constables and other town¬
ship officers shall be appointed in such manner as is or shall be direc¬
ted by law.
A motion was made by Mr. Edwards, seconded by Mr. Boyd, to re-
cohsider the thiiteenth section of the ninth article, viz.
Section XIII. That excessive bail shall not be required, nor exces¬
sive fines imposed, nor cruel punishments inflicted.
In order to add the following amendment thereto, viz.
And in all ciminal prosecutions no person, if acquitted, shall pay costs.
On the question. Will the convention agr^e tore-consider the sec¬
tion for the aforesaid purpose í
It was determined in the negative.
A motion was made by Mr Smith, seconded by Mr. Lewis, to re¬
consider the nintli section of the ninth article, viz.
Section IX. That in all criminal prosecutions the accused hath a right
to be heard by himself and his council; 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, 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 deprived of his life, liberty or property, unless
by the judgment of his peers, or the law of the land.
In order to insert, after the word "indictment," the words "or in¬
formation."
On the question. Will the convention agree to re-consider for the
aforesaid purpose ?
It was determined in the affirmative, and the section, as amended,
adopted as follows, viz.
Section IXf That, in all criminal prosecutions, the accused hath a
right to be heard by himself and his council, 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 public
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.
A motion was made by Mr. Lewis, seconded by Mr. M'Kean, to re¬
consider the sixteenth section of the ninth article, viz
Section XVI. That the person of a debtor, where there is not
strong presumption of fraud, shall not be continued in prison after do-
ÄIINÜTES OF TUE
livèring up all Iiis estate for the benefit of his creditors in such man-
ner as shall be prescribed by law.
In order to strike out the word "all."
Which was determined in the affirmative, and the section, as amen¬
ded, adopted.
A motion was made by Mr. Lewis, seconded by Mr. Smilie, to re¬
consider the twelfth section of the first article, vi^.
Sect. XII. Each house shall jmlge of the qualifications of its own
members ; but contested elections shall be determined by a committee,
to be selected in such manner as shall be directed by law : A majori¬
ty of each house shall constitute a quorum to do business; but a
smaller number may adjourn from day to day, and may be authorised,
by law, to compel the attendance of absent members in such manner,
and under such penalties, as may be provided.
In order to insert, after the word " selected," the words " formed
and regulated.
Which was determined in the afiBrmative, and the section, as amen¬
ded, adopted.
A motion was made by Mr. Lewis, seconded by Mr. Smilie. to re¬
consider the second section of the second article, viz.
Sect. II The governor shall be chosen on the second Tuesday of Oc¬
tober, by the citizens throughout the commonwealth, at the places where
they shall respectively vote for representatives. 1 he returns of every
election for governorshall be transmitted,under sea],to the seatofgovern¬
ment, directed to the speaker of the senate, who shall open and publish
thern in the presence of the members ofbotb houses of the legislature. The
person having the highest number of votes shall be governor; but if two
or more shall be equal and highest in votes, one of them shall be cho¬
sen governor by the joint vote of the members of both houses. Con¬
tested elections shall be determined by a committee to be selected from
both houses of the legislature, in such manner as shall be directed
by law.
In order to insert, after the words "from both houses of the legis¬
lature," the words "and formed and regulated."
On the question. Will the convention agree to re-consider for the
aforesaid purpose ?
It was determined in the affirmative, and the section with the
amendment, adopted.
The first section of the schedule for the organization of the govern¬
ment of this commonwealth being under consideration, the same was
adopted as follows, viz.
I. That all laws of this commonwealth, in force at the time of ma¬
king the said alterations and amendments in the said constitution, and
uot inconsistent therewith, and all rights, actions, prosecutions, claims
and contracts, as well of individuals as of bodies corporate, shall
continue as if the said alterations and amendments hud not been
made.
The second section of the said schedule being under considera¬
tion, viz.
II. That the presi<ient and supreme executive council shall continue
toexercise the executive authority of this commonwcaUli as licretofure,
until the third Tuesday td'December next; but no ¡(itermcdiat.e vacan¬
cies in the council shutl be supplied by new elections.
CONVENTION OF 1789-90.
285
A motion was made by Mr. Addison, seconded by Mr. Wilson, to
strike out the words "the tliird Tuesday of December next," and, in
lieu thereof, to insert the words "the governor, who shall be chosen at
the next general election, shall enter upon the duties of his office."
Which was determined in the affirmative, and the section, as amen¬
ded, adoptod.
The tliird section of the schedule being under consideration, the
same was adopted as follows, vi£.
III. That all officers in the appointment of the executive depart¬
ment, shall continue in the exercise of the duties of their respective
offices until the first day of September, one thousand seven hundrei'
and ninety.one, unless their commissions shall sooner expire by their
own limitations, or the said offices become vacant by death or resig¬
nation, and no longer, unless re-appointed and commissioned by the
governor. Except that the judges of the supreme court shall hold their
offices for the terms in their commissions respectively expressed.
The fourth section of the schedule being under consideration, the
same was adopted as follows, viz.
IV. That justice shall be administered in the several counties of the
state, until the period aforesaid, by the same justices, in the same
courts, and in the same manner as heretofore.
The fifth section of the said schedule being under consideration, viz.
V. 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 of three years.
On motion of Mr. Findley and Mr. Todd, the further consideration
was adjourned.
The sixth section of the said schedule being under consideration,
the same was adopted as follows, viz.
VI. That until the first enumeration shall be made as directed in
the fourth section of the first article of the constitution established by
this convention, the citv of Philadelphia and the several counties shall
be respectively entitleá to elect the same number of representatives
as is now prescribed by law.
The seventh section of the said schedule being under consideration,
viz.
VII. That the first senate shall consist of eighteen members, to be
chosen in districts formed as follows, viz. The city of Philailelphia,
the county of Philadelphia, and the county of Delaware shall be a dis¬
trict, and shall elect three senators ; the county of Chester shall be a
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 Northamp¬
ton 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 district, and shall elect
two senators ; the counties of Cumberland and Mifflin shall be a dis¬
trict, and shall elect one senator; the counties of Northumbei land, Lu¬
zerne and Huntingdon shall be a district, and shall elect one senator ;
tlie counties of Bedford and Franklin shall be a district, and shall
elect one senator; the counties of Westmoreland and Allegheny shall
be a district, and shall elect one senator ; and the counties of Wash¬
ington and Fayette shall be a district and shall elect two senators :
wliich senatois shall serve until the first enumeration before mentioned
S86
MINUTES OF 1.1 A
shall be made, and the representation in both houses of the Ic^s-
lature shall be establislied by law, and chosen as in the constitu¬
tion is directed. Any vacancies which shall happen in the senate
within the said time, shall be supplied as prescribed in the nine-
teenth section of the first article.
A motion was made by Mr. W ilson, seconded by Mr. Hare, to post¬
pone the consideration of the said section.
On motion, Adjourned until nine o'clock to-morrow, A. M.
SÂTURDJiV, August 28. ITDO. A. M.
The convention met pursuant to adjournment.
The seventh section of the schedule, under consideration yesterday,
recurring.
A motion was made by Mr. Robinson, seconded by Mr. M'Kean,
to amend the section by striking out the words " the county of Ches¬
ter shall be a district and shall elect one senator; the county of Bucks
shall be a district and shall elect one senator; the county of Montgo¬
mery shall be a district and shall elect one senator;" and in lieu there¬
of to insert " the counties of Chester, Bucks and Montgomery shall be
a district and shall elect three senators."
A motion was made by Mr. Sitgreaves, seconded by Mr. Gallatin,
to postpone the said section, with the amendment proposed by Mr.
Robinson and Mr. M'K.eau, in order to re-consider the seventh sec-
tiort of the first article, viz.
Sect. VII. Th^ senators shall be chosen in districts, to be formed
of adjoining counties by the legislature, each containing such a num¬
ber of taxable inhabitants as shall be entitled to elect not more than
four senators: But neither the city of Philadelphia nor any county
shall be divided in forming a district.
In order to strike out the words " of adjoining counties," and to in¬
sert after the words " four senators," the following, "Where a dis¬
trict shall be composed of two or more counties they shall be adjoin-
ing."
On the question. Will the convention agree to re consider for the
aforesaid jiurpose?
It was determined in the affirmative, and the section, as amended,
adopted as follows :
Sect. VII. The senators shall be chosen in districts, to be formed
by the legislature ; each containing such a number of taxable inhab¬
itants as shall be entitled to elect not more than four senators : Where
a district shall be composed of two or more counties, they sliall.be
adjoining. But neither the city of Philadelphia nor any county shall
be divided in forming a district.
The seventh section of the said schedule, with the amendment
moved by Mr. Robinson, seconded by Mr. M'Kean, recurring.
On the question. Will the convention agree to the amendment?
The yeas and nays being called by Mr. Ogden, were as follow, viz^
YEAS.
Mr. Wilson
Mr. Cray Mr. Bull
Robinson Hublcy
Hare Morris
Edwards Cuates
Mr. GJoninger
G raydoti
Henderson
Sellers
Newlin 20
Baker
Eilberts
l.ewis
-M'Kean
Gibbons Shoemaker
CONVENTION OF 1789—90.
387
NAYS.
Ml", Ogclen Mr, Tîced
Jeiiks Tj'son
Barclay Pedan
Mr. Gelir
Silgreaves
Mr. Höge
Stout Dill
T. Ross "Wliitehill
Boyd Irvine
Hand Power
Coleman Diester
Graff Lower
Breckbill Lincoln
Mill er Groscop
Siegle
Arndt
Rhoads
Powell
I'iper
Smith
Todd
Addison
Snyder
Findley
Redick
J. Ross
Smilie
Gallatin
M'Lene
Matthews
Brown
Pickering
Gibson
Beale
45
So it was determined in the negative, and tlie original section
adopted.
The eighth section of the said schedule being under consideration, viz.
VIÍI. That the election of senators shall be conducted, and the re¬
turns thereof made to the senate, in the same manner as is prescri¬
bed by the election laws of the state for conducting and making re¬
turn of the election for représentatives. In those districts which
consist of more than one county, the judges of the district elections
within each county after having formed a return of the whole election
within that county, in such manner as is directed by law, shall send
the same, by one or more of their number, to such place, hereinafter
mentioned, within the district of which such county is a part; where
the judges, so met, shall compare and cast up the several county re¬
turns, and execute, under their hands and seals, one general and
true return for the whole district, that isio say, Fhe judges of the
district composed of the city of Philadelphia and the counties of
Philadelphia and Delaware shall meet in the state house in the city of
Philadelphia ; the judges of the district composed 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 Cumberland,
at the house now occupied by David Miller; the judges of thedis-
trict composed of the counties of Northumberland, Luzerne and
Huntingdon shall meet at the court house in the town of Sunbury ; the
judges of the district composed of the counties of Bedford and Frank¬
lin shall meet at the house now occupied by John Dickey, in Air town¬
ship, Bedford county; the judges of the district composed of the
counties of Westmoreland and Allegheny shall meet in Westmoreland
county, at the court house in the town of Greensborough; and thejudg-
es of the district composed of the counties of Washington and Fay¬
ette shall meet at the court house in the town of Washington, in
Washington county, on the fhird Tuesday in October respectively,
for the purposes aforesaid.
Amotion was made by Mr. Smith, seconded by Mr. Miller, to
strike out the words "at the court house," after the words " Hunt¬
ingdon shall meet."
On the question. Will the convention agree to strike out the words?
It was determined in the affirmative, and the section, as amended,
adopted.
ggg MINUTES OP TH»
The ninth section of the said schedule being under consideration,
the same was adopted as follows, viz. «
IX. 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 transmitted to the presi¬
dent of the supreme executive council, directed to the speaker of the
senate, as soon after the election as may be.
A motion was made by Mr. Wilson, seconded by Mr. Edwards, to
amend the first section ot the said schedule, viz.
I. That all laws of this commonwealth, in force at the time of ma-
king the said alterations and amendments in the said constitution,
and not inconsistent therewith, and all rights, actions, prosecutions,
claims and contracts, as well of individuals as of bodies corporate,
shall continue as if the said alterations and amendments had not
been made.
By adding the following words thereto, viz.
Nor shall any person, now a citizen of this commonwealth, who has
resided in a city or county one year next preceding an election, be
deprived, on account of the said alterations and amendments, of any
right or privilege of electing or being elected into any ofiice for the
same to which he is entitled by the present constitution ; except so
far as is hereinbefore provided in the eighteenth section of the first
article respecting members of congress and other persons holding any
office under the United States or this state.
A motion was then made by Mr. M'Kean, seconded by Mr. Lewis,
to amend the motion of Mr. Wilson, seconded by Mr. Edwards, by
striking out the words "who h^s resided in a city or county one year
next preceding an election, be deprived on account of the said altera¬
tions and amendments, of any right or privilege of electing or being
elected into any office for the same, to which he is entitled by the
present constitution," in order to insert the following words, in lieu
thereof, viz. " be deprived, at the next general election, on account of
the said alterations and aniendments, of any right or privilege of elect¬
ing or being elected into office."
On the question. Will the convention agree to the amendment mov¬
ed by Mr. ÑrK.ean and Mr, Lewis í It was determined in the negative.
And on the question. Will the convention agree to the amend¬
ment moved by Mr. Wilson and Mr. Edwards ?
It was determined in the negative, and the original section there¬
upon adopted.
The fifth section of the said schedule, postponed yesterday, being
under consideration, viz.
Y. That no person now in commission as sheriff shall be eligible at
the next election for a longer term than will, with the time wnich he
shall have served in the said office, complete the term of three years.
On the question, Will the convention agree to the same? The yeas
and nays being called by Mr. Smith, were as follow, viz.
YEAS.
Mr. Jenks Mr. Hubley Mr. Pedan Mr. Lower
Barclay Breckbill Dill Lincoln
Stoat Miller Irvine Groscop
Gibbons Siegle Power Gehr
Graf Reed Hiester Sitgreavas
eoífVE'Ñ'í'ioN or 178Ô--00.
Mr. Arndt
Powell
Piper
SiniÜx
YEAS.
Mr. Snyder Mr. Smilie
Addison
lloo;e
Redick
Gallatin
M'Ecne
Mr. Mattliews
Gloninger
Brown
34
NAYS.
Mr. Tyson
Rhoads
Findluy
Tüdd
Morris
Coates
Shoemaker
Mr. Graydoin
Pickering
Henderson
Gibson
Beale
Sellers
Newlin 28
Mr. Wilson Mr. Hare
Baker Edwards
Roberts Bull
J/ewis T. Ross
M'Kean Boyd
Grajr H and
Robinson Coleman
So it was determined in the affirmative, and the section adopted.
A motion was made.by Mr. Sitgreaves, seconded by Mr. Hender¬
son, to add the following section to the schedule, viz.
That persons now in commission as sheriffs and coroners, shall con¬
tinue in the execution of the said offices until the governor shall be
duly qualified and commence his administration.
On the question. Will the convention agree to the same? It was
determined in thfe negative.
A motion was made by Mr. M'Kean, seconded by Mr. Pickering,
to re-consider the eighteenth section of the first article, viz.
Sect. XVIII. No senatoror representative shall, during the time for
which he was elected, be appointed to any civil office, under the author¬
ity of this commonwealth, wtiich shall have been created, or the emolu¬
ments of which shall have been increased during such time: And n»
member of congress or other person holding any office, (except ia
The militia,) under the United States or this commonwealth, shall be a
inemljer of either house during his continuance in congress or in office.
In order to insert, after the word " èxcept," the words " attornies
at law and corporation officers."
Mr. M'Lene called for a division on the amendment, on the words
"attornies at law." Which was determined in the affirmative.
And on the question. Wilt the convention agree to the second part
of the said amendment, viz. "and corporation officers ?"
It nas determined in the negative, and the section thereupoa
adopted as follows:
Sect. XVI11. No senator or representative shall, during the time for
which he shall have been electeif, be a¡»poiuted to any civil office, un¬
der the authority of this commonwealth, which shall have been cre¬
ated, or the emoluments of which shall have been increased during
such time; and no member of congress or other person holding any
office (except attornies at law and officers in the militia) under the
United Slates or this commonwealth, shall be a member of eitliej;
house during his conlinuance in congress or in office.
Adjourned until three o'clock on Monday next, P.M.
MOJ^DAY, August SO, 1790. P. M.
Ike convention met pursuant to adjournment.
The committee appointed the xilst installât to revise, correct arid ar-
range so much of the constitution for the government of this common-
37
S90
JVIINUTES OP THE
wealth as hath been appointed by this convention, made report* And
the several sections adopte<l,,except the third section of the third article.
A motion was made by Mr. Sitgreaves, seconded by Mr, Hand, to
postpone the consideration of the said third section, as reported bj
the committee of arrangement, in order to introduce a motion to re¬
consider the seventeenth section of the first article, to strike from it
the words "for surety,"
On the question, V^iH the convention agree to the postponement for
the aforesaid purpose?
The yeas and nays being called by Mr. Hand, were as follow, viz.
YEAS.
Mr. Höge
J. Ross
Shoemaker
Pickering
Henderson
Sellers
Newlin
30
Mr. Baker Mr. Jenks Mr. Siegle
Roberts Stout. Tyson
Lewis Hand Sitgreaves
M'Kean Coleman Arndt
Gray Graft" Rhoads
Robinson Hubley Smith
Hare Breckbill,' Snyder
Ogden Miller
NAYS.
Mr.' Matthews
Morris
Coates
Gloninger
Brown
Graydon
Gibson
Beale 32
Mi*. Wilson Mr. Irvine Mr. Piper
Edwards Power Findley
Barclay Hiester Todd
Boyd Lower Addison
Reed Lincoln Redick
Pedan Groscop Smilie
1)111 Gehr Gallatin
Whitehill Powell M'Lene
So it was determined in the negative.
A motion was then made by Mr. James Ross, seconded by Mr. Lew¬
is, to re-consider the said seventeenth section of the first article, in or¬
der to strike out the following words, viz. " They shall in all cases
except treason, felony and breach of surety of the peace, be privileged
from arrest during their attendance at the session of the respec|ive,
houses and in going to and returning from the same.
On the question. Will the convention agree to re-consider for the
aforesaid purpose?
The yeas and nays being called by Mr. Smilie, were as follow, viz.
YEAS.
Mr. Roberts
Lewis
M'Kean
Gray
Robinson
Mr. Wilsoi^
Baker
Hare
Edwards
Barclay
Mr. Ogden
Jenks
Stout
Coleman
Grad'
Mr. Boydi
Hand
Miller
Siegle
Reed
Mr. Hubley
Breckbill
Sitgreaves
J.Ross
Morris
NAYS.
Mr. Tyson
Pedan
Dill
Whitehill
Irvine
Mr. Shoemaker
Gloninger
Pickering
Sellers
Newlin 20
Mr. Power
Hiester
Lower
Lincoln
Groscop
CONVENTION OF 1780->9O.
NAYS.
Bfc Gehr Mr. Addison Mr. M'Lene Mr. Findley
Arndt Hom Matthews Todd
Rhoads Redick Coates Henderson
Powell Smilie Erown Gibson
Piper Gallatin Graydon Beale 40
So it was determined in the negative. .
On motion of Mr. W ilson, seconded by Mr. Coleman, ordered, that
the secretary be directed to have so much of the constitution transcri¬
bed as is passed by this convention.
Adjourned until ten o'clock to-morrow, A. M.
TUESDAY, August 31, 1790. A. M.
The convention met pursuant to adjournment.
A motion was made by Mr. James Ross, seconded by Mr. M'Lene,
to re-consider the eleventh section of the ninth article, viz.
Section XI, That all courts shall be open, and every man for an In¬
jury 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 com¬
monwealth as well as against other bodies corporate and individuals.
Id order to jstrike outthe words " as well as against other bodies cor¬
porate and individuals," and in lieu thereof to insert the words " in
such manner, in such courts and upon such contracts as the legislature
shall, by law direct."
On the question. Will the convention agree to re-consider the said
section? It was determined in the affirmative, and the amendment
moved by Mr. James Ross, seconded by Mr. M'Lene,being under con¬
sideration.
A motion was made by Mr, Lewis, seconded by Mr. M'Kean, to
postpone the consideration of the said amendment in order to substi¬
tute the following in lieu thereof, viz. " In such courts and under such
regulations as shall be prescribed by law." Which was determined in
the negative, aud the amendment moved by Mr. James Ross, seconded
by Mr. M'Lene, recurring.
It was moved by Mr. Lewis, seconded by Mr. Pickering, to strike
out from the said amendment the words " upon such contracts," and
in lieu thereof, to insert the words " in such cases." Which was de¬
termined in the affirmative.
On the question. Will the convention agree to the amendment as
amended? viz.
In such manner, in such courts and in such cases as the legislature
shall, by law, direct.
Tiie yeas and nays being called by Mr. Wilson, were as follow, viz.
YEAS.
Mr. Roberts Mr. Boyd Mr. Tyson Mr. Hiester
Lewis Hand Pedan Lower
Hare Hubley Bill Lincoln
Ogden Miller Whitehill Groscop
Jenks Siegle Irvine Gehr
Barclay Reed Power SÜ^reaves
â9S MINUTES OF THE
YEAS.
Mr. Arndt Mr. Todd Mr. GaUatin Mr. Gloninger,ff,
Rhoads Addison M'Lene Brown
Powell Höge Matthews Henderson
Piper Rediclc Morris Gibson
Smith J. Russ Coates Beale
Snyder Smilie Shoemaker 47
NAYS.
Mr. Wilson Mr. Gray Mr. Stout Mr. Pickering
Baker R.obinson Breckbiil Sellers
M'Kean Edwards Graydon Ifevdin 12
So it was determi|)ed in the affirmatiw, and the section adopted as
follows, viz.
Section XI. That .all courts shall be open, and every man, for an
injury done him in his lauds, goods, person or reputation, shafl have
remedy by the due course of law, and right and justice administered
■without sale, denial or delay. Suits may be brought against the com¬
monwealth in such manner, in such courts and in such caaA as the
legislature shall, by law direct.
A motion was made by Mr. Lewis, seconded by Mr. G/^(i^n, to re¬
consider the eighth section of the second article, viz.
Sect. VIII. He shall appoint all oiGcers whose offices are established
by this constitution, or shall be established by law, and whose appoint«
ments are not herein otherwise provided for; but no person shall be
appointed toan office within any county, who shall not have bpetr a cit¬
izen and inhabitant therein one year next before his appointffienfî 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,
nor any person holding or exercising any office of trust or profit under tlie
United States, shall at the same time, hold or exercise the office of
judge, secretary, treasurer, prothonotary, register of wills, recortler of
deeds, sheriff, or any office in this state, to which a salary is by law
annexed; or any other office which luture legislatures shall declare
incompatible with offices or appointments under the United States.
On the question, Will the convention agree to re-consider?
The yeas and nays being called by Mr. Lewis, were as follow, viz.
VEAS.
Mr. Wilson Mr. M'Kean Mr. Sitgreaves Mr. Pickering
Baker Gray ' Arndt Henderson
Roberts Hare Shoemaker "Sellers
Lewis Hubley Graydon Newlin 16
NAYS.
Mr. Robinson Mr. Hand Mr. Hill Mr. Gehr
Edwards Breckbiil - Whitchill Rhoads
Ogden Miller " Irvine Powell
Jenks Siegle Power Piper
Barclay* Reed Hiester Snyder
Stout Tyson Lincoln Findley
Boyd Pedau Groacop Todd
CONVENTION OF 1789-90.
S93
Mr. Addison
Hose
Redick
J.Ross
NAYS.
Mr. Smilic Mr. Mathews
Gallatin Gloninger
M'Lene Brown
Mr. Lower
Gibson
Beale
41
So it was determined in the negative.
A motion was made by Mr. Addison, seconded by Mr. Hare, to re¬
consider the fourteenth section of the second article, viz.
Sect. XIV. In case of the death or resignation of the governor, or of his
removal from office, the speaker of the senate shall exercise the office of
governor, until another governor, who shall in such case, be chosen at the
next annual election, shall be duly qualified And if the trial of a con¬
tested election shall continue longer, than until the third Tuesday in
December next ensuing the election of a governor, the governor of the
last year, or the speaker of the senate, who may be in the exercise of
the executive authority, shall continue therein until the determination
of such contested election, and until a governor shall be qualified as
aforesaid.
In order to^ strike out the words " who shall in such case be chosen
at the next annual election."
On the" question. Will the convention agree to re-consider for the
aforesaid purpose?
It was determined in the affirmative, and the section as amended,
adopted as follows.
Section XIV. In case of the death or resignation of the governor, or
of his removal from office, the speaker of the senate shall exercise the
office of governor, until another governor shall be duly qualified. And if
the trial of a contested election shall continue longer than until tlie third
Tuesday in December, next ensuing the election of a governor; the go¬
vernor of the last year, or the speaker of the senate, who may be in
the exercise of the executive authority, shall continue therein, until
the determination of such contested election, and until a governor shall
be qualified as aforesaid. '
The committee appointed the twenty first instant to revise, correct
and arrange so much of the constitution for the government of this com
monwealth, as hath been agreed to by this conveption, made further re¬
port, in part, which was adopted.
[See article ninth of the constitution as adopted.]
A motion was made by Mr. Lewis, seconded by Mr. Smith, to re¬
consider the first section of the sixth article, viz.
Section L Sherifl's and coroners shall, at the times and places of
election of representatives, be chosen by the citizens of each county:
Two persons shall be chosen for each office, one oí whom for each re¬
spectively shall be appointed by the governor. They shall hold their
offices for three years, if they shall so long behave themselves well, and
until a successor shall be duly qualified; but no person shall be twice
chosen or appointed sherift'in any term of six years.
In order to amend the same to read as follows, viz.
Section I. Shenfts and coroners shall, at the time and places of elec¬
tion of representatives, be chosen by the citizens of each oounty: ;Two
persons shall be chosen for each office, one of whom for each respec¬
tively shall be appointed by the governor. They shall hold their of¬
fices for three years, if they shall so long behave themselves well, and
MINUTES OF THE
until a successor be duly qualified; but no person bIiî,!! be twice cho¬
sen or appointed sherifTin any term of s^x years. Yácancies in either
of the said offices, shall be filled by a new appointment to be made by
the govei'uor) to continue until the next general election, and until a
successor shall be chosen and qualified as aforesaid.
On the question. Will the convention agree to re-consider for the
aforesaid purpose?
It was determined in the affirmative, and the first section as amend¬
ed, adopted.
A motion was made by Mr. Wilson, seconded by Mr. M'Lene,
and adopted as.follows, viv-
Resolved, That a committee be appointéd to arrange the order of
procession at the proclamation of the constitution.
Ordered, That Mr. Barclay, Mr. Miller and Mr. Sitgreaves, be a
committee for the purpose contained in the foregoing resolution.
On motion, the convention agreed to re-oonsider the title of the con¬
stitution, viz.
The constitution af the commonwealth of Pennsylvania, as altered
and amended by the conventidta for that purpose freely chosen and as¬
sembled.
A division of the question on tlie title being called for, viz. on the
words "the constitution of the commonwealth of Pennsylvania."
On the question. Will the convention agree to the same? It was
determined in the affirmative.
And on the question. Will the convention agree to the latter part of
the said title? It was determined in the negative, and the title adopt¬
ed as follows:
The constitution of the commonwealth of Pennsylvania.
Whereupon, ordered that the constitution as agreed to by this con;
vention, be engrossed.
Adjourned until nine o'clock on Thursday next, A. M.
THURSDAY, September 2, 1790. A M.
The convention met pursuant to adjournment
A letter from John Arndt, Esq. a member for the county of North¬
ampton, was read, stating the immediate necessity of leaving the con¬
vention on account of the indisposition of his family; and requesting
the secretary or one of his colleagues may be permitted to sign the con¬
stitution of the commonwealth of Pennsylvania, as adopted, in his be¬
half.
On the question, Will the convention agree to the said request?
It was unanimously determined in the affirmative, and Mr. Sit¬
greaves directed to subscribe the name of Mr. Arndt, accordingly#
The constitution, as adopted by the convention, having been brought
in engrossed, the same was compared at the table.
A motion was then made by Mr. Wilson as chairman of the commit¬
tee of arrangement, that the folbwing words be adopted as the con¬
cluding part of tlie constitution, viz.
DOJ^'E in convention, the second day of September, in tíu year of our
I^rd one thousand seven hundred ana nituty, and of the independence
of the United States of JÍmerica, thefifteenth. IJr TESTIMONY
wnereof we have hereunto subscribed our namei.
CONVENTION OP 1789-90.
S9$I
\
On the question, Will the convention agree to annex tljiO same to
the constitution of the eommon wealth of Pennsylvania? It was deter¬
mined in the affirmative, and thereupbn ordered, that the same be en¬
grossed and annexed to the constitution already compared.
The committee appointed the thirty-first of August to arrange the
order of procession for proclaiming the constitution of this common¬
wealth, made report, which was adopted as follows, viz.
Order of procession for the proclamation of the constitution of the
commonwealth of Pennsylvania.
Constables with their staves;
Sub-Sheriffs with their wands;
High-Sheriff and Coroner with their wands;
Judges of the supreme court and Judges of the high court of errors and
appeals;
Attorney General and Prothopotaij of the supreme court;
Warilens of tiie port of Philadelphia;
Treasurer, Comptroller General and Register General;
Secretary of the Land Office;
Receiver General and Surveyor General;
Justices of the Peace;
Prothonotary of the court of common pleas, and Clerk of the court of
quarter sessions;
Clerks of the Mayor's court and of the corporation;
Mayor, Recorder and Aldermen;
Common council;
Master of the Roils and Register of Wills;
Register of German passengers, and Collector of excise of the c.ity
and county;
Messenger of the convention;
Secretary and Assistant Secretary of the convention;
President of the convention;
Members of the convention two and two;
Doorkeeper of the convention ;
Secretary and Assistant Secretary of council;
Vice president of the executive council;
Members of council two and two;
Doorkeeper of council;
Sergeaiit-at-arms with the mace;
Clerk of the general assembly;
Speaker of the general assembly ;
Members of the general assembly two and two;
Doorkeeper of the general assembly;
Provost and faculty of the university;
Provost and faculty ofthe college and academy of Philadelphia;
Officers ofthe militia.
Citizens.
The constitution, with the addition movéd by Mr. Wilson, being
before the convention.
On the question. Will the convention ratify the same as the con¬
stitution of the commonwealth of Pennsylvania?
The yeas and nays being called by Mr. Wilson, were as follow, v|g.
S96
MINUTES ÓF niE
YEAS.
Mr. Wilson Mr. Coleman Mr Groscop
Baker, Graff Gehr
Lewis Hubley Sitgreavcs
M'Kean Bréckbill Rhoads
Cray Miller Powell
Robinson Siegle Piper
Hare Reed Smith
Edwards Tyson Snyder
Ogden Pedan Findley
Jenks Dill Todd
Barclay Irvine Addison
Stout Power Höge
Gibbons Hiester Redick
Bull Lower J. Ross
Boyd Lincoln Smilie
Hand
NAYS.
Mr. Roberts
So it was determined in the affirmative, and ratified and confirmed
by the members present as follows, viz.
THE CONSTITUTION OF THE COMMONWEALTH OF
PENNSYLVANIA.
Mr. Gallatin
M*Lene
Matthews
Morris
Coates
Shoemaker
Gloninger
Brown
Graydon
Pi(;kering
Henderson
Gibson
Beale
Sellers
Newlin C'l
We, the people of the commonwealth of Pennsylvania, or¬
dain and establish this constitution for its government»
ARTICLE 1.
Section T. The legislative power of this commonwealth sliall be
vested in a general assembly, which shall consist of a senate and house
of representatives.
Section II. The representatives shall be chosen, annually, by the
citizens of the city of Philadelphia, and of each county respectively,
on the second Tuesday of October.
Section HI. No person shall be a representative, who shall not have
attained the age of twenty-one years, and iiave been a citizen and in¬
habitant of the state three years next praceding ids election, and the
last year thereof an inhabitant of the city or county in which he sliall
be chosen ; unless he shall have been absent on the public businasa- of
the United States or of this state. No person residing within any city,
town or borough, which shall be entitled to a separate representation,
shall be elected a member for any county; nor shall any person residing
without the limits of any such city, town or borough, be elected a mem¬
ber thereof.
Section IV. Within three years after tlic first meeting of the ge¬
neral, assembly, and within every subsequent term ot seven years, an
enumeration of the taxable inhabitants shall be made, in such manner
as shall be directed by law. The number of representatives shall, at
the several periods of making such enumeration, be fixed by the legis¬
lature, and apporUoned among the city of Philadelphia, and the seve¬
ral èounties according to the number of taxable inhabitants in eachi
CONVENTION OP 178Ö--90.
Jihd shall never be less than sixty, nor greater than one hundred. Each
county shall have at least one representative; but no county hereafter
erected, shall be entitled to a separate representation, until a sufficient
number of taxable inhabitants shall be contaiined within it to entitle
them to one representative, agreeable to the ratio which shall then be
established.
Sect. V. The senators, shall be chosen for four years by the citi¬
zens of Philadelphia and of the several counties, at the same time,
in the same manner and at the same places where they shall vote
for representatives.
Sect. VI, The number of senators shall, a.t the several periods of
making the enumeration before mentioned, be fixed by the legislature,
and apportioned jamong the districts, formed as hereinafter directed,
according to the number of t;ixable inhabitants in each; and shall nev¬
er be less than one-fourth, nor greater than one-third of the number of
representatives.
Sect. VII. The senators shall be chosen in districts to be formed by
the legislature, each district containing such a number of taxable
inhabitants as shall be entitled to elect not more than four senators :
When a district shall be composed of two or more counties they shall
be adjoining. Neither the city of Philadelphia, nor any county, shall
be divided in forming a district.
Sect. VIII. No person shall be a senator, who shall not have at¬
tained the age of twenty-five years, and have been a citizen and inhab¬
itant of the state four years next before his election, and the last year
thereof an inhabitant of the district for which he shall be chosen, un¬
less he shall have been absent on the public business of the United
States or of this state.
Sect. IX. Immediately after the senators shall be assembled in
consequence of the first election subsequent to the first enumera¬
tion, they shall be divided, by lot, as equally as may be, into
four classes. The seats of the senators of the first class shall be va¬
cated at the expiration of the first yeat ; of the second class, at the
expiration of the second year ; of the third class, at the expiration of
the third year; and of the fourth class, at the expiration of the fourth
year; so that one-fourth may be chosen every year.
Sect X. The general assembly shall meet on the first Tuesday of
December, in every year, unless sooner convened by the governor.
Sect. XI. Each house shall choose its speaker and other officers;
and the senate shall also choose a speaker yro tempore, when the
speaker shall exercise the office of governor.
Sect. XII. Each houseshall judge of the qualifications of its mem¬
bers. Contested elections shall he determined by a committee to be
selected, formed and regulated in such manner as shall be directed by
law. A majority of each house shall constitute a quorum to do busi¬
ness; but a smaller number may adjourn from day to day, and may be
authorised, by law, to compel the attendance of absent members in
such manner and under such penalties as may be provided.
Sect. XIIL Each house may determine tiie rules of its proceedings,
punish its members for disorderly behaviour; and with the concurrence
of two-thirds, expel a member, but not a second time for the same cause,
and shall have all other powers nçcessary for a, brandfi of tho^
legislature of a free state.
38
MINUTES OP THÉ
Sect. XIV. Eacli, house shall keep a journai of its proceedings, and
publish them weekly, except such parts as may require secrecy;
And the yeas and nays of the members, on any question, shall, at
the desire of any two of them, be entered on the journals.
Sect. XV. The doors of each house aiid of committees of the whole,
sliall be open, unless when the business sliall be such as ought to be kapt
secret.
Sect. XVI. Neither house shall, without the consent of the other,
adjourn Ibr more than three days, nor to ahy other place than that in
which the two houses shall be sitting.
Sect XVII. The senators and representatives shall receive a
compensation for their services to be ascertained by law, and paid out
of the treasury of the commonwealth. They shall in all cases, except
treason.felonyand breach or surety of the peace be privileged from arrest
during their attendance at the session of the respective houses, and in
going to and returning from the same ; and for any speech or debate
in either house they shall not be questioned in any other place.
Sect. XVÍII. No senator or representative shall, during the time
for which he shall have been elected, be appointed to any civil office,
under this commonwealth, which shall have been created, or the
ijmoiuments of which shall have been encreased, during such time;
and no member of congress or other person holding any office (except
of attorney at law and in the militia) under the United States or this
commonwealth, shall be a member of either house during his continu¬
ance in congress or in office.
Sect. XIX. When vacancies happen in either house, the speaker
shall issue writs of election to fill ^uch vacancies.
Sect. XX. Ail bills for raising revenue shall originate in the house
of representatives ; but the senate may propose amendments, as in
other bills.
Sect. XXI. No money shall be drawn from the treasury, but in
consequence of appropriations made by law.
Sect. XXII. Every bill, which shall have passed both houses shall be
presented to the governor. If he approve, he shall sign it; but if he shall
not approve it, he shall return it, with his objections,to the house in which
it shall have originated, who shall enter the objections .it large upon their
journals, and proceed to re-consider it. If, after such re-consideration,
two-thirds of that house shall agree to pass the bill, it shall bo seat,
with the objections, to the other house, by wnich likewise it shall
be re-considered, and if ^approved by two thirds of that house, it shall
be a law. But in such cases, the votes of both houses shall be
determined by yeas and nays, and the names of the persons voting
for or against the bill shall be entered on the journals of each house
respectively. It any bill shall not be returned by the governor within
ten days (Sundays excepted) after it shall have been presented to
him, it shall be a law in like manner as if he had signed it; unless the
general assembly, by their adjournment, prevent its return, in which
case it shall be a law, unless sent back within three days after their
next meeting,
Sect. XXlil. Every order, resolution or vote, to which the concur¬
rence ol botli houses may be necessary (excepten aquestiun of adjourn¬
ment) shall be presented to the governor, and before it shall take effect,
be approved by him; or, being disapproved shall be re-passed by two-
CONVENTION OF 1789-90.
thirds of both houses, according to the rules and limitations prescri¬
bed ill case of a bill.
AIi riCLE II.
Section I, The supreme executive power of this coiiiinonwealth
shall be vested in a governor.
'Sect. 11. The governor shall be chosen on tlie second Tuesday of
October, by the citizens of. the commonwealth, at the places where
they shall respectively vote fur repi esentatives. The returns of every
election for governor shall be sealed up and transmitted to the seat of
government, directed to the speaker ofthe senate, who shall open and
publish tliem in the presence of the members of both houses of the
legislature. The person having the highest number of votes shall be
governor. But if two or more shall be equal and highest in votes, one
of them shall be chosen governor by the joint, vote of the members of
both houses. Contested elections shall be determined by a committee
to.be selected from both houses of tlie legislature, and formed and reg¬
ulated in such manner as shall be directed by law.
• Sect. ill. The governor shall iiold his oflice during three years from
the third Tuesday of December next ensuiug his election, and shall
not be capable of holding it longer than nine in any term of twelve
years. 4
Sect. IV. He shall be, at least, thirty years of age; and have been a
citizen and inliabitant of this state seven years next before his elec¬
tion ; unless he shall have been absent ou the public business of the
United States, or of this state.
Sect V. No member 0! congress, or person holding any office un¬
der the United States or this state, shall exercise the office of gover¬
nor.
Sect. VI.,Thegovernor^hall, at stated times, receive for his services
a compensation, which shall be neither increased nor diminished du-
ring.th^period for which he shall have been elected.
Sect. VIL He shall be commander in chief of the army and navy of
this commonwealti), and ofthe militia, except when they shall be cal¬
led into the actual service of the United States.
Sect. VHI. tie shall appoint all officers, whose offices are estab¬
lished by this constitution, or shall be established by law, and whose
appuiatments are not herein otherwise provided for; hut ¿,no person
shall be appointed to an office within any county, who shall not have
tMeen a citizen and inhabitant therein one year next bßtore his appoint-
ment, 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 coun¬
ties, out of which it shall have been taken. No member of congress from
4bis state nor any person holding or exercising any office of trust or proñt
under the United Btates, shall at the same time, hold or exeycise the of¬
fice of judge, secretary, treasurer, prothonotary, register of willsand re¬
corder of deeds, sheritf, or any office in this state, to which a salary is
by law annexed, 01 any other ollice, whicli.future legislatures shall
declare incumpa^ble with offices -or appointments under the United
States.
«-Sect. IX. He shall have power to remit fines and forfeitures, and
grant reprieves and pardons, except in cases of impeachment.
Sect. X. He may require iniormation, in writing, from the officers
in the executive department upon any subject relating to the duties of
their respective offices.
800
MINUTES OF THE
Sect. XI. He shall from time to time, give tp the general assembly
information of the state of the couimonvvealth, and recommend to their
consideration such measures as he shall judge expedient.
Sect. XII. He may, on extraordinary occasions, convene the gene-,
ral assembly, and in case of disagreement between the two houses with
respect to the time of adjournment, adjourn them to such time as he
shall think proper, not exceeding four months.
Sect. XIII. lie shall take care that the laws be faithfully executed.
Sect. XIV. In case of the death or resignatipn of the governor, or
ofiiis removal from office, the speaker of the senate shall exercise the
office of governor, until another governor shall be duly qualified.
And if the trial of a contested election shall continue longer than un¬
til the third Tuesday in December next ensuing the election of a go¬
vernor, the governor of the last year, or the speaker of the senate, who
maybe in thé exercise of the executive authority, shall continue there¬
in, until the determination of sucn contested election, and until a go¬
vernor shall be qualified as afore.said.
Sect. XV. A secretary shall be appointed and commissioned during
the governor's continuance in office, if he shall so long behave himself
■well. He shaJl keep a fair register of all the official acts and proceed¬
ings of the governor, and shall, when required, lay .the same and all
papers, minutes and vouchers relative thereto, before either branch of
the legislature, and shall perform such other duties as shall be enjoin¬
ed him by law. .
ARTICLE III.
Section I. In elections by the citizens every freeman of the age of
twenty one years, having resided in the state two years next before,
the elections, and within that time paid a state or county tax,
■which shall have been assessed at least six mouths before the elec¬
tion, shall enjoy the rights of an elector; provided that the sons of
persons qualified as aforesaid, between the age of twenty-one and twen¬
ty-two years, shall be entitled to vote although tliey shall not have
paid taxes.
Sect. II. All elections shall be by ballot, excejit those by persons in
their representative capacities, who shall vote viva voce.
Sect. III. Electors shall, in all cases, except treason, felony and
breach of surety of the peace, be privileged fçoin arrest during their at¬
tendance on elections, and in going to and returniug from them.
ARTICLE iv.
Section I. The house of repvcsentatiyes shall have the sole power of
impeaching.
Sect. II. All impeachments shall bo tried by the senate : AVhen sit¬
ting for ll at purpose, the senators shall be upon oath m affirmation- X'o
person shall be convicted without the concurrence of two-thuds of the
members present
Sect. HI. The governor and all other civil officers under this com¬
monwealth shall be liable to impeachment for any miademeatior in of¬
fice ; but judgment, in such cases, shall not extend further than to re¬
moval from office and disqualificatiuo to hold any office of homjr, trust
CONVENTION OF 1789-90. BOl
or profit under this commonwealth : the party whether cônvicted or
acquitted, shall nevertheless, be liable to indictment, trial, jud^^ment
and punishment according to law.
ARTICLE V.
' • s
Section I. The judicial power of this commonwealth shall be vested
in a supreme court, in courts of oyer and terminer and general gaol de¬
livery, in a court of common pleas, orphans' court, register's court and
a court of quarter sessions of the peace for each county, injustices of
the peace, and in such other courts as the legislature may, from time
time establish.
Sect. n. The judges of the supreme court and of the several courts
of common pleas shall hold their offices during good behaviour; But,
foe any reasonable cause, which shall not be sufficient ground of im¬
peachment, the governor may remove any of them on the address of
two-thirds of each branch of the legislature. The judges of the su¬
preme court and the presidents of the several courts of common pleas,
shall, at stated times, receive for their services, an adequate compen¬
sation, tot« fixed by law; which shall 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.
Sect. nr. 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 gaol delivery, in the seve¬
ral counties.
Sect. IV. 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, by law, divided 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, du-
ring'his continuance in'office, shall reside therein. The president and
judges, any two of whom shall be a quorum, shall compose the respec¬
tive courts of common pleas.
Sect. V. The judges of the court of common pleas in each county
shall, by virtue of their offices; be justices of oyer and terminer and gen¬
eral jail delivery for the trial of capital and other offenders therein; any
two of the saidjudires, the president being one, shall be a quorum;
but they shall not hold a court ofoyerandterminer or jail delivery in any
county when the judges pf the supreme court, or any of them, shall
be sitting in the same county. The party accused, as well as the
comnaonwealth, may, under such regulations as shall be prescribed by
law, remove the indictment and proceedings or a transcript thereof^
into the supreme court.
Sect. VI. The supreme court and the several courts of common pleas
shall, beside the powe.-s heretofore usually exercised by them, have
the powers of a court of chancery so far as relates to the perpetuating of
testimony, the obtaininp; of evidence from places not within the ^tate, and
the care of the persons and estates of those who arp non compotes mentis.
And the législature shall vest in the said courts such other powers
to granf'rehef in equity as shall be found necessary: and may, from
time to time, enlarge or diminish those powers; or vest them iq such
MINUTES OF THE
other courts as they shall judge proper for the due administration of
justice. /
Sect. VII. The judges of the court of common pleas of each county,
any two of whom shall be a quorum ; shall compose the court of quar¬
ter sessions of the peace and orphans' court thereof: And the »gister
of wills, together with the said judges, or any two of them, shall com¬
pose the register's court of each county.
Sect. VIÍ1. 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.
Sect. IX. The president of the court in each circuit withifi
such circuit, and the judges of the courts of common pleas with¬
in their respective counties, shall be justices of the peace so far as
relates to criminal matters.
Sect. X. The governor,shall appointacompetent number of justices of
the peace in such convenient districts in each county, as are, or shall
be directed bylaw. They shall be commissioned during good beha¬
viour; but may be removed on conviction of misbehaviour in office,.or
of any infamous crime, or on the address of both houses of the legis¬
lature.
Sect. XI. 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.
Sect. XII. The style of all process shall be Tfte commonwfalth ef
Fennsylvania : all prosecutions shall be carried on in tlie nameahd by
the authority of the commonwealth of Pennsylvania, and conclude,
against tiie peace and dignity of t/ie same.
ARTICLE VI.
Section I. Sheriffs and coroners shall, at tlie times and places of
election of representatives, be chosen by the citizens ot each county.
Two persons shall be chosen ior each office, one of whom, for each, re¬
spectively, shall be appointed 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 cho¬
sen or appointed sherift'in any term of six years. Vacancies in either
of the said offices, shall be filled by a new appointment to be mad»
by the governor, to continue until the next general election and until a
successor shall be chosen and qualified as aforesaid.
Sect. II. The freemen of this commonwealth shall be armed and
disciplined for its defence : Those who conscientiously scruple to
bear arms, shall not be compelled fo do so, but shall pay an equiva¬
lent for personal service. The militia officers shall be appointed in
such manner and for such time as shall be directed by law.
Sect. III. Prothonotaries, clerks of the peace and orphans' courts,
recorders of deeds, registers of wills and sheriffs, sluill keep tlieir offi¬
ces in the county town of the county in which they respectively shall
be officers; ijnless when the governor shall, for special reasons, dis¬
pense therewith for any term not exceeding five years after the coun¬
ty sball have been erected.
CONVENTION OP 1789-90,
303
Sect. IV. 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.
Sect. V. The slate treasurer shall be appointed annually, by the
joint vote of the members ot both houses. All other officers in the
treasury department, attornies at law, election officers, officers rela¬
ting to taxes, to the poor and highways, constables and other township
officers shall be appointed in such manner as is or shall be directed by
law.
ARTICLE VII.
Section I. 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.
Sect. IF. The arts and sciences shall be promoted in one or more
seminaries ofléarning.
Sect III. The rights, privileges, immunities and estates of reli¬
gious societies and corporate bodies shall remain as if the constitu¬
tion of this state iiad not been altered or amended.
ARTICLE VIII.
Members of the general assembly and all officers, executive and ju¬
dicial, shall be bound by oath or affirmation to support the constitu¬
tion of this commonwealth, and to perform the duties of their respec¬
tive offices with Edelity.
ARTICLE IX,
That the general, great and essential principles of liberty
and free government may be recognised and unalterably es¬
tablished, WE DECLARE,
Section I. 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, posses¬
sing and, protecting property and reputation, and of pursuing their
own happiness.
Sect. II. 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 bf those ends, they
have, at all times, an unalienable and indefeasible right to alter, re¬
form, or abolish their government, in such manner as they may think
proper.
Sect III. That all men have a natural and indefeasible right to
worsiiip Almighty God according to the dictates of their own con¬
sciences ; that no man ciin, 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, con¬
trol or interfere with the rights of conscience ; and that no preference
shall ever be given, by law, to any religious establishments or moijes
of worship.
3^)4
MINUTES OF THR
Sect. IV. That no person who acknowledges the being of a God
end a future state of rewards and punishments, shall, on account of
his religious sentiments, be disqualified to hold anj office or place of
trust or profit under this commonwealth.
Sect. V. That elections shall be free and equal.
Sect. VI. That trial^ by jury shall be as heretofore, and thetight
thereof remain inviolate.
Sect. VII. That the printing presses shall be free to every per¬
son, 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 opin¬
ions 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 prosecutions for the publication of papers.
Investigating the olficial conduct of officers, or men in a public ca¬
pacity, or where the matter published is proper for public in¬
formation, 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.
Sect. VIII. That the people shall be secure in their persons,
houses, papers and possessions from unreasonable searches and sei¬
zures; and that no warrant to search any place, or to seize any per¬
son or things, shall issue without describing them as nearly as may be,
nor without probable cause, supported by oath or affirmation.
Sect. IX. That in all criminal prosecutions, the accused hath a
right to be heard by himself and his council, 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 public tri¬
al 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. ' • • '
Sect. X. That no person 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 oppression and mis¬
demeanor in office.No person shall for tlie same oftbuce be twice put
in jeopardy of life or limb; nor shall any man's property be taken, or
applied to pubjiic use, without the consent of his representatives, and
without just compensation being made.
Sect. XI. That all courts shall be open, and every man for an in¬
jury done him in his lands, goods, person or reputation, shall have re¬
medy by the due course of law, and Tight and justice administered
without sale, denial or delay. Suits may be brought against the com¬
monwealth in such manner, in such courts and in such cases as the
legislature may, by law, direct.
Sect. XII. That no power of suspending-laws shall be exercisedn
unless by the legislature, or its' authority.
Sect. XIII. That excessive bad shaU not be required, nor exces¬
sive fines imposed, nor cruel punishments inflicted. • ■
Sect. XIV. i'hat all prisoners shall be bailable by sufficient sure-
tiçs, unless for capital offences, when the proof is evident or pre-
gumptioD great : aud the privilege of the writ of habeas corpus snail
60NVÈNTIÔN OP l780--90i
305
not be suspended, unless wheUj in cases of rebellion ot invasion, the
public safety may require it.
Sect. XV. That no commission of oyer and terminer or jail de¬
livery shall be issued.
Sect. XVI. That the person of a debtor, where there is Hot
strong presumption of fraud, shall not be continued in prison after de¬
livering up his estate, for the benefit of his creditors, in such man¬
ner as shall be prescribed by law.
Sect. XVII. That no expost facto law, nor any law impairing
contracts, shall be made.
■ Sect. XVIII. That no person shall be attainted of treason or fel¬
ony by the legislature.
Sect. XIX. That no attainder shall work corruption of blood, nor,
except during the life of the olTender, forfeiture of 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 per¬
son shall be killed by casualty there shall be no'forfeiture by reason
thereof.
Sect. XX. That the citizens have a right, in a peacéable manner,
to assemble together for their common good, and to apply to those
invested with the powers of government, for redress of grievances oí
other proper purposes, by petition, address or remonstrance.
Sect. XXI. "That the right of the citizens to bear arms Jin defence
of themselves and the state shall not be questioned.
Sect. XXII. Thai no standing army shall, in time of peace, bé
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.
Sect. XXIir. That no soldier shall, in time of peace, bebuarter-
ed in any house without the consent'of the owner, nor in time of war,
but.in a manner to,bé prescribed by law.
Sect. XXIV. That the legislature shall not grant any title of
nobility or hereditary distinction, nor create any office, the appoint¬
ment to which shall be for a longer term than during good behaviour.
Sect. XXV. That emigration from the state shall not be prohibited.
Sect. XXVI. 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
tor ever remain iiiiiolate,
SCHEDULE;
That no inconvenience may arise from the alterations and amendments
ill the constitution of this commonwealth, and in order to carry the
same into complete operation, it is hereby declared and ordained.
, I. That all laws of this commonwealth, in force at ¿the time of ma¬
king the said alterations and amendments in the said constitution, and
not inconsistent therewith, and all rights, actions, prusecations, claims
and contracts, as well of individuals as of bodies corporate, shall
continue as if the said alterations and amendments had not been
made.
II. That the president and supreme executive council shall continue
toexercise the executive authority of this commonweal in as heretofore,
until the third Tuesday of December next; but no intermediate vacan¬
cies in the council shall be supplied by new elections.
89
306
MINUTES OF THE
III. That all ofEcers in the appointment of the executive depart'
ment, shall continue in the exercise of the duties of their respective
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 oflUces become vacant by death or resig¬
nation, and no longer, unless re-appointed and commissioned by the
governor. Except that the judges of the supreme court shall hold their
offices for the terms in their commissions respectively expressed. '
IV. That justice shall be administered in the several counties of the
state, until the period aforesaid, by the same justices, in the same
courts, and in the same manner as heretofore.
V. That no person now in commission as sherifi* 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 of three years.
VI. That until the first enumeration shall be made as directed in
the fourth section of the first article of the constitution established by
this convention^the citv of Philadelphia and the severarcounties shaft
be respectively entitled to elect the same number of representatives
as is now prescribed by law.
VII. That the first senate shall consist of eighteen members, to be
chosen in districts formed as follows, viz. The city of Phifàdelphia,
and the' counties of Philadelphia and Delaware shall be a dis¬
trict, and elect three senators ; the county of Chester shall be a
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 Northamp¬
ton 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 district, and shall elect
two senators ; the counties of Cumberland and Mifflin shall be a dis¬
trict, and shall elect one senator; the counties of Northumberland, Lu¬
zerne and Huntingdon shall be a district, and shall elect otie senator ;
the counties of Bedford and Franklin shall be a district, and shall
elect one senator; the counties of Westmoreland and Allegheny shall
be a district, and shall elect one senator ; and the counties of Wash¬
ington and Fayette shall be a district and shall elect two senators :
which senators shall serve until the first enumeration before mentioned
shall be made, and the representation in both houses of the legis¬
lature shall be established by law, and chosen as in the constitu¬
tion is directed. Any vacancies which shall happen in the senate
within the said time, shall be supplied as prescribed in the nine¬
teenth section of the first article. '
VIII. That the elections of senators shall be conducted, and the re¬
turns thereof made to the senate, in the same manner as is prescri¬
bed by the election laws of the state for conducting and making re¬
turn of the election of representatives. In those districts wdiich
consist "of more than one county, the judges of the district elections
within each county, after having formed a return ofthe whole election
within that 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 which such county is a part ; where
the judges, so met, shall compare and cast up the several county re¬
turns, 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 tf the city of Philadelphia and the counties of
CONVENTION OP 1789*90.
307
Philadelphia and Delaware, shall meet in the state house in the city of
Philadelphia ; the judges of the district composed of the counties ot
Lancaster and York, shall Yneet at the court house in the county of
Lanhaster; the judges of the district composed of the counties of Berks
apd Dauphin, shall meet at Middletown, jn the county of Berks; the
judges of tiie district composed of the counties of Cumberland and
Mifflin, shall meet in (ireenwood township, county of Cumberland,
at the house now occupied by David Miller ; the judges of the dis¬
trict composed of the counties of Xorthumberland, Luzerne 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 town¬
ship, Bedford county ; the judges of the district composed of the
counties of Westmoreland aud Allegheny, shall meet in Westmpreland
county, at the court house in the town of Green^borough; and thejudg-
es of the district composed of the counties of Washington and Fay¬
ette, shall meet at the court house in the town of Washington, in
Washington county, on the third Tuesday in October respectively,
for the purposes atoresaid.
IX. That the election of the governor shall be conducted in the
several counties in the manner prescribed by the laws of thé state for
the election of representatives, and the returns in each county shall be
sealed by the judges of the elections, and transmitted to the presi¬
dent of the supreme executive council, directed to the spgaker of the
senate, as soon after the election as may be.
DO^E in convention,the second day of September, in the; year of our
Jjord one thousand seven hundred and ninety, and of the indepen¬
dence of the United States of America, the fifteenth. IN TESTI-
MO N'y whereof we have hereunto subscribed ournames.
'I'HUMAS MIFFLIN,President.
Jámes Wilson,
Hilary Baker,
William Lewis,
Thomas M'Kean
George Gray,
Henry Siegle,
William Reed,
Benjamin Tyson,
Benjamin Pedan,
Matthew Dill,
William R(minson,jr. William Trvine,
Robert H^re, James Power,
Enoch Edwards,
Samuel Ogden,
Thomas Jenks,
John Barclay,
Abraham Stout,
TViUiam Gibbons,
Thomas Bull,
James Boyd,
Edward Hand,
Robert Coleman,
Sebastian Graff,
John Hubley,
John Breckbill,
Henry Miller,
Joseph Hiesler,
Christian Lower,
Abraham Lincoln,
Paul Groscop,
Balt:?.er Gehr,
Samuel Sitgreàves,
John Arndt,
Peter Rhoads,
Joseph Powell,
John Piper,
Charles Smith,
Simon Siy^der,
William Find ley,
William Todd.
Alexander Add¡8t>»,
John Höge,
David Redick,
James Ross,
John Smilie,
Albert Gallatin,
James M'Lene,
George Matthews,
James Morris,
Lindsay Coates,
Jonathan Shoemaker,
John Gluninger,
WilHam Brown,
A'exunder Graydon,
Timothy Pickering,
Andrew lleudersun,
John Gibson,
Thomas Beale,
John Sellers,
Nathaniel Newlin.
Attest—Joseph Redman, Secretary.
S^ALLua, Assistant Secretaryt
MINUTES OP THE
On motion, ordered, that three thousand five hundred copies of the
said constitution be printed in the English language, and one thousand
five hundred of the same in the German language, for the information
of the citizens of this state.
Tlie convention then, agreeably to the order of procession, proceed*
ed to the court house in Market street, .to make proclamation of the
constitution, and having returned to their chainber, it was on motion,
ordered, that the secretary be directed to deliver the engrossed copy
of the constitution of the cojmintfnwealth ,of Pennsylvania, to the mas¬
ter of the rolls, in order that the same may be recorded.
M'liich was accordingly done in the presence of the convention.
Whereupon, on motion of Mr. Lewis, seconded by Mr. Miller,
Resolved, That the thanks of this convention be"presented to his ex¬
cellency the presldènt for his able and upright discharge of the duties
of his station.
The convention' then rose sine die.
Claaçti&T lY.
MINUTES
Of the grand committee of the whole convention df the commonwealth-
of Pennsylvania^ which commenced at Philadelphia, on Tuesday the
twenty fourth day of iN'ovepibev, in the year of our iord, one thou¬
sand seven hundred and eighty-nine.
TUESDAY, December, 1, ITSQ. .3. M.
The honorable Mr. M'Y^ean in the chair. .
A motion was made by Mr. Hare, seconded by Mr. Edwards, in the
following words, viz.
Resolved, That in the opinion of this committee it is. expedient that
the constitution of this state be altered.
It was then moved by Mr. Robinson, seconded by Mr. Smilie, to
postpone the consideration of the said resolution.
On the question, "Will the committee agree to the postponement?*
It was carried in the affirmative.
It was moved by Mr. Lewis, seconded by Mr. M'Lcne, that the
committee rise, report progress and ask leave to sit again to-morrow;
which was carried in the affirmative.
The.committee rose, and the chairman reported, that the committee
had made some progress in the busine^ referred to them, but, nut
having completed the same, requested leave to sit again to-morrow.
Which was agreed to.
WEDNESDAY, Dßce-mber S, 1789. A. M.
Amotion was made by Mr. Wilson, seconded by Mr. Hand, in the
following words, viz.
Resolved, as the opinion of this committee, that the legislature of
this state should consist of more than one branch.
And after some debate, it was moved by Mr. Addison, seconded by
Mr. SfnUie, to postpone the proposed résolution, in order to introduce
the following, viz.
CONVENTION OF 1789--90,
390
Whether that part of the constitution which relates to the legislative
part of the government ought to be altered?
A motion was made by Mr. M'Lene, seconded by Mr. Smilie, that
the committee rise, report progress and ask leave to sit again; which
was determined in the negative.
' And on the question "Will the committee agree to the postpone¬
ment for the aforesaid purpose?"
It was determined in the negative.
Whereupon, a motion was made by Mr. Thomas Ross, seccfnded by
Mr. Sitgreaves,
Resolved, That the committee rise, report progress in the business
committed to them, and request leave to sit again to-morrow.
Which was accordingly done.
THURSDAY, December 3, 1789. A, Mi
The motion made yesterday by Mr. Wilson, seconded by Mr. Hand,
recurring, it was moved by Mr. Thomas Ross, seconded by Mr.
Coates, to postpone the consideration thereof, in order to introduce
the following, viz.
Resolved, That the constitution be read by articles and sections,
and the sense of this committee be taken on each article and section,
whether it be necessary to make any alteration and amendment therein,
and what.
And on the question—"Will the committee agree to postpone for
the purpose above mentioned?" It was determined in the negative.
It was then moved by Mr. Lewis, seconded by Mr. Rd wards, to
postpone the motion of Mr. Wilson, in order to introduce the follow-
ing in lieu thereof, to wit.
Resolved, That in the opinion of this committee the legislative de¬
partment of the constitution of this commonwealtiv requires altera¬
tions and amendments, so as to consist of more than one branch, and
in such of the arrangements as may be .necessary for the complete
organization thereof; which was carried in the affirmative.
And on the question—"Will the .committee agree to the proposed
resolution?"—The yeas and nays being called by Mr. Lewis, were as
foHow, viz.
YEAS.
Mr. Wilson
Roberts
Lewis
M'Kean
Mifflin
Gray
Robinson
Hare
Edwards
Ogden
Jenks.
Barclay
Stout
Gibbons
Bull
Mr. Ross ,
Boyd
Hand
Coleman
.Graft"
Breckbill
Miller
Siegle
Reed
Tyson
Pedan
Dill -
Irvine
Powçr,
Hülster
Mr, Lower
Groscopy
Gehr
Sitgreaves
Mawhorter
Arndt
Rhoads
.Smith '
Snyder
Findley
'lodd
Addison
Höge
Redick
J. Ross
'. Sinilie
M'Lene
Matthews
Morris
Potts
Coates
Shoemaker
Gloninger
Brown
Pickering
Henderson
Gibson
Beale
Sellers
Graham—do
310
lyilKVTES OF THE
NAYS.
Mr. Whitehill Mr. Lincoln . Mr. Powell Mr. Piper—4.
So it was determined in the affirmative.
On motion, ordered, that the committee rise, report progress and re«-
quest leave to sit again to-morrow. Which was done.
FRIDtâY, December 4, 1789. M.
On motion of Mr. Wilson, seconded by Mr. Sitgreaves,
Resolved, unanimously, That in the opinon of this committee the
executive department of the constitution of this commonwealth should
be altered and amended, so as that the supreme executive power be
vested in a single person; subject however to proper exceptions. "
A motion Was made by Mr. Wilson, seconded by Mr. Pickering, in
the following words, viz.
Resolved, That in the opinion this committee the judicial de¬
partment of the constitution of this commonwealth should be altered
and amended, so as that the judges of the supreme court hold their com¬
missions durihg good behaviour and be independent as to their salaries.
The committee then rose, reported progress and asked leave to sit
to-morrow.
Which was accordingly granted.
SJîTURD^Y, December 8^ 1789.
The motion made yesterday by Mr. Wilson, seconded by Mr. Pick¬
ering, recurring, viz.
Resolved, That in the opinion of this committee the judicial depart¬
ment of the constitution of this commonwealth should be altered and
amended, so as that the judges of the supreme court hold their com¬
missions during good behaviour and be independent as to their salaries.
It was moved by Mr. Thomas Ross, seconded by Mr! Lewis, that
the following words be added to the said motion, viz.
Subject however to such restrictions as may hereafter be thought
proper.
Which was carried in the affirmative.
A motion was then made by Mr. Smilie, seconded by Mr. Findley,
to postpone the consideration of the resolution, as amended, in order
to introduce the following, viz.
Resolved, that in the opinion of this committee the judicial depart¬
ment of the constitution of this commonwealth should be altered and
amended, so as that the judges of the supreme court be rendered
more independent.
On the question "Will the. committee agree to the postponement
for the aforesaid purpose? It was determined in the negative.
And the original resolution, as amended, adopted, viz.
Resolved, lhat in the opinion of this committee the judicial depart¬
ment of the eonstitution of this commonwealth should be altered and
amended, so as that the judges of the supreme court hold their com-
mfsVions during good behaviour and be independent as to their salaries,
subject however to such restrictions as may hereafter be thought proper.
A motion was made by Mr. Wilson, seconded by Mr. Hare, in the
following words, viz.
CONVENTION OP 1789-90.
311
Resolved, That in the opinion of this committee the supreme ex¬
ecutive department should have a. qualified negative on the legislature.
The committee then rose, reported progress and asked leave to sit
again on Monday. Which was accordingly granted.
MOJS'DâT, December 7, 1789. P. M.
The motion made'by Mr. Wilson, seconded by Mr.' Hare,.Decem¬
ber 5, recurring, and the same having been amended, so as to read as
follows, viz.
Resolved, That in the opinion of this committee the constitution of
this commonwealth should be so amended as that the supreme execu¬
tive jdepartment should have a qualified negative on the legislature.
Qn the question—"Will the committee agree to the resolution as
amended?" The yeas and nays were called by Mr. Wilson, and were
as follows, viz.
YEAS.
Mr. J. Ross
Smilie
Gallatin
M'Lene
Matthews
Morris
Potts
Coates
Shoemaker
Gloninger
Brown
Pickering
Henderson
Gibson
Sellers
Graham 64
So it was determined in the affirmative.
The committee then rose, reported progress and asked leave to sit
to-morrow.
Which was accordingly granted.
TUESDJir, December 8, 1789. M.
It was moved by Mr. Sitgreaves, seconded by Mr. Ogden, that the
committee rise and make report of their proceedings to the convention.
A motion was then made by Mr. Findley, secpnded by Mr. Smilie,
to postpone the motion of Mr. Sitgreaves, in order to introduce the
following, viz.
Resolved, That the hill of rights be now taken up for the considera¬
tion of the committee.
The committee then rose, reported progress and ask^ed leave to sit
again to-morrow. Which was accordingly granted.
Mr. Wilson
Mr.^T. Ross
Mr. Lincoln
Baker
Boyd
Groscop
Roberts
Hand
Gehr
Lewis
Coleman
Sitgreaves
M'Kean
Graflf
Mawhorter
Miffiin
Hubley
Arndt
Gray
Breckbill^
Rhoads
Robinson
Miller
Powell
Hare
Siegle
Piper
Edwards
Reed
Smith
Ogden
Tyson
Snyder
Jenks
Peilan
Findley
Barclay;
Dill
Todd
Stout
Irvine
Addison
Gibbons
Hies ter
Höge
Bull
Lower
Redkk
NAYS.
Mr.-Whitehill
Mr. Power
Mr. Beale 3.
31S
MINUTE i OP THE
WEVJVMSDÂr, December 9, 1789. JL M.
'* The motion made yesterday by Mr. Sitgreaves, seconded by Mr. Og-
den, viz. That the committee rise and make report of their proceed¬
ings to the convention, recurring,
A motion was then made by Mr. James Ross, seconded by Mr. Pick¬
ering, to postpone the consideration of the said motion, in order to in¬
troduce the following resolutiort, viz.
Resolved, That that part of the constitution of this commonwealth,
called A declaration of the rights of the inhabitants of the common¬
wealth or state of Pennsylvania, requires alterations and amendments,
in such manner as that the rights of the people, reserved and excepted
out of" the general powers of government, may be more accurately de*
fined and secured, and the same and such other alterations and amend-
mènts as may f)e made in .the said constitution, be made to correspond
with each other.
On the question, "Will the committee agree to the postponement for
the aforesaid purpose ?
It was carried in the affirmative, and the proposed resolution unan¬
imously adopted.
The motion made by Mr. Si^reaves, seconded ,by Mr. Ogden, a-
gain recurring, that the committee rise and make report of their pro¬
ceedings to the convention.
It was carried ii) the affirmative.
And the report of the committee of the whole agreed to as follows,
viz. I _ _
I. That, in the opinion, of this committee, the legislative de{»rt-
ment of the constitution of this commonwealth requires alterations
and amendments, so as to consist of more than one branch, and in such
of the arrangements as may be necessary for the complete organiza¬
tion thereof.
II. I'hat, in the opinion of this committee, the executive depart¬
ment of the constitution of this commonwealth should be altered, and
aii'iended, so as that the supreme executive power be vested in a sin¬
gle person, subject however to proper exceptions.
III. That, in the opinion of this committee, the judicial department
of the constitution of tins commonwealth should be altered and amen¬
ded, so as that the judges of the supreme court hold their commissions
during good behaviour, and be independent as to their salaries, subject
however to such restrictions as may hereafter be thought proper.
IV. That, in the opinion of this committee, the constitution of this
commonwealth should be so amended as that the supreme executive
department should have a qualified negative upon the legislature.
V. That in the opinion of this committee, that part of the constitu¬
tion of this commonwealth, called a declaration of the rights of the in¬
habitants of the commonwealth or state of Pennsylvania, requires al¬
terations and amendments, in such manner as that the rights of the
people, reserved and excepted out of the general powers of govern¬
ment, may b,e more accurately defined and secured, and the same
and such alterations and amendments in the said constitution as may
be agreed on, be made to correspond with each other.
The committee of the whole then rose for the purpose of making the
said report.
CONVENTION OF 1789-90.
31$
TfEUJVEiiDAr, December 23, 1789. Ji. M.
The honorable Mr. M'Kean in the chair. '
The committee of the whole proceeded to take into consideration
the draft of a proposed constitution, as reported by the committee ap.
pointed on the eleventh day of December, instant, for that purpose.
And after debating the first section of the first article of the pro¬
posed constitution. On the question. Will the committee agree to the
same ?
It was determined in the affirmative.
And in debating the second section of the first article of the pro¬
posed constitution, viz.
II. The representatives shall be chosfen annually, by the citizens of
the city of Philadelphia, and of each county in the state respectively,
on the , Tuesday of October.
It was moved by Mr. Irvine, seconded by Mr. Smith, to fill the
blank with |he word ."second."
Which was carried in the affirmative, and the section unanimously
adopted.
And in debating the third section of the first article of the proposed
constitution, viz.
III. No person shall be a representative, who shall not, at the time
of his election, have been, the three years next preceding, an inhabi¬
tant of the state, and one year next preceding an inhabitant of the city
or county in which he shall be chosen.
It was moved by Mr' Lewis, seconded by Mr. Piper, to strike out
the words "one year next preceding," and iii lieu thereof to insert
the words "at the time of his election."
And on the question. Will the convention agree to strike out the
words for the aforesaid purpose ?
The yeas and nays were called by Mr. Coleman, and were as fol¬
low, viz.
YEAS,
Mr, Wilson
Mr. Roberts
Mr. M'Kean
Mr. Robinson 7
Baker
Lewis
Gray
NAYS.
Mr. Mifflin
Mr. Hubley
Mr. Gehr
Mr. M'Lene
Hare
Breckbill
Mawhorter
Matthews
Edwards
Miller
Powell
Morris
Ogden
Siegle
Piper
Potts
Jenks
Reed
Smith
Coates
Barclay
Tyson
Snyder
Shoemaker
Stout
Pedan
Findley
Gloningei"
Gibbons
Dill
Todd
Brown
Bull
Whitehill
Addison
Pickering
T. Ross
Irvine
Höge
Henderson
Boyd
Power
Redick
Gibson
Hand
Hiester
J. Ross
Beale
Coleman
Lower
Smilie
Sellers
Graft"
Lincoln
Gallatin
Graham 2 3
Atlee
Groscop
So it was determined jn the negative.
40
314»
MINUTES OF THE
It was then moved by Mp. Lewis, eeconded by Mr. Pickering, to
amend the said resolution, so as to read as follow;, viz.
Ill No person sliall be a representative who shall rfbt have attained
the age of twenty one years, and have been three years next preceding
Iiis election a citizen and inhabitant of the state, and the last year
thereof aninhabitant of the city or county in which he shall be chosen«
It was tliereupon moved by Mr. Ogden, seconded by Mr. Edwards,
to add the following words to the said section, viz. "and shall hold,
in his own right, a freehold estate of tile value of one hundred pounds."
The committee then rose in order to report, that they had made
some progress in the business committed to them, and to ask leave to
sit again.
Which was accordingly done.
THURSDAY, December 24, 1789. ,A. M.
The third section of the first article of the proposed consiitutioii
for the government of this commonwealth, together with the several
amendments made thereto, again recurring, viz.
No person shall be a representative who shall not have attained the
age of twenty-one years, and have been, three years next preceding
his election, a citizen and inhabitant of the state, and the last year
thereof an inhabitant of the city or county in which he shall be cho¬
sen, and shall hold, in his own right, a freehold estate of the vaiufof
one hundred pounds.
Mr. Ogden withdrew his amendqfient, proposed yesterdáy, in the
the following words :
•- And shall hold, in his own right, a freehold estate of the value of
one hundred pounds.
It was moved by Mr. Henderson, seconded by Mr. Boyd, to add
after the word "chosen," the following : "Nor shall he be capable of
serving as a representative longer than years in any term of
years."
On the question. Will the committee agree to the proposed amend¬
ment ?—The yeas and nays being called by Mr. Ogden, were as fol¬
low, viz.
YEAS.
Mr. Gibbons Mr. Lower
Boyd
Breckbill
"Whitehill
Power
Hrtster
Mr. Wilson
Baker
Roberta
Lewis
M'Kean
Mifllin
Gra^
Robinson
Hare
Lincoln
Groscop
G ehr
Mawhorter
Mr. Powell
Piper '
Findley
Addison
Huge
NAYS.
Mr. Edwards
Ogden
Jenks
Barclay
Stout
Bull
T. Ross
Hand
Coleman
Mr. Graff
Atlee
Hubley
Miller
Siegle
Reed
Tyson I
Pedan
Dill
Mr. Redick
Smilie
M'Lehe
Matthews
Henderson
21
Mr. Irvine
Smith
Snyder
Todd
J. Ross
Gallatin-
Morris
Potts
Coates
CONTENTION OF 1789-90.
310
NAYS.
Mr. Shoemaker Mr. Brown Mr. Gibson Mr. Graham
Gloninger Pickering Sellers 43
So it was determined in the negative.
And thereupon, the third section of the first article of the said pro-
tmsed constitution, as amended, was unanimously agreed to as fol-
ows, viz.
III. No perspn shall be a representativcrjvho shall not have àttain-
ed the age of twenty-one years, ar>d have been, three years next pre-
ceditig his election, a citizen and inhabitant of the state, and the last
year thereof an inhabitant of the city or county in which he shall be
chosen.
The fourth section of the first article of the proposed constitution
havingieen read.
The c<tminit.ee rose in order to report further progress in the busi¬
ness referred to them, and to request leave to sit again.
SATURDAY, December 26, 1Z89. A.M.
The fourth section of the first article of the proposed constitution,
recurring, viz.
IV. The representatives from the city of Philadelphia and the sev-
al counties shall be in proportion to the number of taxable inhabi¬
tants ; provided that the number of repres'^ntativts shall never be few¬
er than sixty, nor more than one hundred : But each county- shall
have, at least, one representative. An enumeration of the taxable in¬
habitants siliall be made within three years after the first meeting of the
general assembly, and within every subsequent term of ten years, in
such manner as they shall, by law, direct Until such enumera¬
tion shall be made, the city of Philadelphia and the several çounties
of the state, shall be, respectively, entitled to choose the same number
of representatives as is now prescribed by law.
A motion was. made by Mr. Addison, seconded by Mr. Matthews, to
strike out the wofd "ten" in order to insert the word "five,"
It was then moved by Mr. Smith, seconded by Mr. Miller, to post¬
pone the consideration of tlte said motion in order to introduce the
following amendment, viz.
After the words "general assembly, and" to add the words "within
every seven years afterwards, until the term of twenty-one years shall
have elapsed, and then."
On the question. Will the committee agree to the postponement
for the aforesaid purpose r
It was determined in the negative.
The original motion then recurring, On the question. Shall the
word "ten" be struck out ?—The yeas and nays being' called by Mr.
Smith, were as follow, viz.
YEAS.
Mr. M'Kean
T. Ross
Boyd
Hand
Coleman
Mr. Atlee
Miller
Keed
Tyson
Pedan
Mr. Dill
'Whitehill
Irvine
Power
Hiester
Mr. Lower
Groscop
Lincoln
Gehr
Mawhorter
316
MINUTES OP THE
YEAS.
Mr. Powell Mr. Adilisoa Älr. Gallatin Mr. Gloninger
Piper Höge M'Lene Brown
Smith Reilick Matthews Pickering
Snjder J. Ross Coates líendersan
Findley Smilie Shoemaker Gibson
Todd 41
NAYS.
Mr. Wilson Mr. Gray Mr. Barclay Mr. Hubley
Baker Robinson Stout Siegle
/Roberts Hare Bullí Sellers
I.ewis Ogden Graff Graham
Mißlin Jenks 18
So it was carried in the aflirmative.
A motion was then made by Mr. Pickering, seconded by Mr. Wil¬
son, to postpone the question for ñlling up the blank in order to in¬
troduce the following amendment: to strike out the words "and with¬
in every subsequent term of years," and in lieu thereof to in¬
sert the words "and afterward« as often as once in ten jears and not
oftener than once in five years."
On the question. Will the committee agree to the postponement for
the aforesaid purpose ?
The yeas and nays being called by Mr. Wilson, were as follow,
viz.
YEAS.
Mr. Wilson
Mr. T. Ross
Mr. Pickering
Mr. Sellers
NAYS.
•
Mr. Baker
Mr. Hand
Mr.
Hiester
Mr. Reilick ,
Roberts
Coleman
Lower
J. Ross
Lewis
Graff
Lincoln
Smilie
M'Kcan
Atlee
Groscop
Gallatin
Milliin
■Hubley
Gehr
M'Lene
Gray
Miller
Mawhorter
Matthews
Robinson
Siegle
Powel
Coates
Hare
Reed
Piper
Shoemaker
Ogden
Tyson
Smith
Gloninger
Jenks
Pedan
Snyder
Brown
Barclay
Dill
Findley
Henderson
Stout
Wiiitehill
Todd
Gibson
Bull
Irvine
Addison
Graham
Boyd
Power
Höge
55
So it was determined in the negative.
Tt was moved by Mr. Miller, seconded by Mr. Colçman,. to fill the
blank in'the foregoing resolution with the word "seven."
Whereupon, a question was taken, viz. "Shall the vote ba taken oq
the word "five" previous to the word "seven?"
Which was carried in the affirmative.
The original motion then recurring, to fill the blapk with "five."
On the question. Will the convention agree to the same? The yeai
and nays bcbg called Mr. Wilson, were as follow;, viz.
CONVENTION OF 1789-90.
YEAS.
Mr. M'Kcan
T. Ross
Boyd
Reed
Pcdati
Dill
Whifehill
Power
Mr. Wilson
Raker
Roberts
Lewis
M i filia
Gray
Robinson
Hare
Mr. Lower
I.incoln
Groscop
Gehr
Mawhorter
Powell
Piper
Mr. Snyder
Findley
I'orid
Addison
Höge
Redick
J. Ross
Mr. Ogden
Jenks
Barclay
Stout
Bull
Hand
Coleman
GrafF
NAYS.
Mr. Atlee
Hubley
Miller
Siegle
Tyson
Irvine
Diester
Mr. Smilic
Gallatin
M'Lene
Matthews
Gloninger
Henderson
'Gibson
29
Mr. Smith
Coates
Shoemaker
Brown
Pickering
Sellers
Graham
30
So it was determined in the negative.
The motion made by Mr Miller then recurring, viz. shall the blank
be filled with the word "seven ?"
It was unanimously carried in the affirmative.
A motion was thereupon mafie by Mr. Lewis seconded by Mr.
Miller, to strike out the word'"sixty" and the words '-one hundred,"
and to insert instead of tiie word "sixty" the words "forty-five," and
in lieu of the words "one hundred" the word "ninety."
The committee then rose, reported progress and asked leave to
sit again.
MONDAY, Deceniher 28th, 1789. A. M.
Mr. Lewis withdrew his motion made on Saturday last, viz. to
strike out of the fourth section of the first article of the proposed con¬
stitution the words "sixty" and "one hundred," and in lieu thereof to
insert the words "forty-five" and "ninety."
The fourth section again recurring, with the proposed amendments,
it was moved by Mr. Lewis, seconded by Mr. Wilson, to amend the
section so as to read as follows, viz. *
' The number of representatives shall, at the several periods of mak¬
ing the enumeration in this section mentioned, be fixed by the legis¬
lature, and apportioned between the city of Philadelphia and the sev¬
eral counties, according to the number of taxable inhabitants in each;
and shall never be less than sixty, nor more than one hundred : But
each county already established shall, during its contiquance, have,
at least one representative. An enumeration of the taxable inhabi¬
tants shall be made within three years after the first meeting of the
general assembly, and within every subsequent term of seven years,
in such manner as shall be, by law," directed. Until such enumera¬
tion shall be made, the city of Philadelphia and the several counties
«hall be. respectively, entitled to choose the same number of repre¬
sentatives as is now prescribed by law.
A motion was then made by Mr. Irvine, seconded by Mr.'M'Lene, to
insert in the said proposed section, after the words "at least one repre-
318
MINUTES OF THE
sentative," the words "provided that no new countj shall be estab¬
lished unless there be taxable inhabitants therein."
It was moved by Mr. Pickering, seconded by Mr. Thomas Ross, to
amend the said section by inserting after the words "at least one re¬
presentative," the following, viz. "but no county, hereafter erected,
shall be entitled to a separate representation until it contains such á
number of taxable inhabitants as constitutes the ratio by which repre¬
sentatives are apportioned in the counties already established."
Mr. Lewis then moved, seconded by Mr. Irvine, to strikeout the
words contained in the section proposed by him this forenoon, viz.
"already established shall, durpig its continuance," in order to insert
the following proviso, after the word "representative." Provided,
that no new county shall be erected until a sufiicient number Of taxa-
able inhabitants shall be contained within the limits thereof, to enti¬
tle them to at leastone representative, agreeably to the ratio which shall
then be established for the city of Philadelphia and the several coun¬
ties."
It was then moved by Mr. Wilson, seconded by Mr. Irvine, to add
the words in the said section proposed by Mr. Lewis, viz. " already
established and during their continuance."
Thereupon, On motion of Mr. Findley, seconded by Mr. Wilson,
Ordered, that the further consideration of the said section, together
with the several amendments, be postponed.
The fifth section of the first article of the proposed constitution
coming under the consideration of the committee, viz.
V. The senate shall consist of not fewer than sixteen, nor more
than thirty-two members, chosen in districts, in proportion to the
number of taxable inhabitants in each district
It was moved by Mr. Hare, seconded by Mr. Redick, to strike out
the words " not fewer than sixteen, nor more than thirty-two,"
A motion for an amendment was then made by Mr. Findley, secon¬
ded by Mr, M'Lene, to strike out the words contained in the said
section, viz. "the senate, shall consist of not fewer than sixteen, nor
more, than thirty-two members," and in lieu thereof to iusert the fol¬
lowing words, "the number of senators shall be in the proportion of
one senator to every three representatives.
Whereupon, it was moved by Mr. Pickering, seconded by Mi-
Thomas Ross, to postpone the consideratiop of the said section, to¬
gether with the several aiuendiuents proposed, in order to ¡ntrodiice
tne following as a substitute for the section under considération, as
well as the sixth section of the first article of the said proposed con¬
stitution, viz.
The number of senators shall not be less than one-fourth, nor more
than one-third of the number of representatives, and chosen in dis¬
tricts into which the commonwealth shall, from time to time, be divi¬
ded by the legislat|;re; and the number of senators assigned to each
district shall be in proportion, as nearly as may be, to its quota of
fiublic taxes; provided that no district shall be so large as to be entit-
ed to choose more than senators.
A motion was made by Mr. Hare, seconded by Mr. Ogden, that the
committee rise, Veport progress in the business referred to them, and
ask leave to sit again.
On the question. Will the committee agree to the motiob ?
It was determined in the negative.
CONVElîTION OF 178Ö-90.
819
After a considerable debate—the same motion was renewed by Mr.
Wilson, seconded by Mr. Gray.
On the question. Shall the committee now rise, report further pro¬
gress in the business referred to tbem, and ask leave to sit again ?
The members appearing to be equally divided—the chairman gave
his casting vote in the alBrmative, and the committee accordingly
rose, reported progress and asked leave to sit again.
TUESDAY, December 2^tk, 1789. Jt. M.
The committee resumed the consideration of the fourth section of
the first article of the proposed constitution, with the several amend¬
ments, postponed yesterday, and adopted the proviso moved by Mr.
Lewis and Mr. Irvine, so that the said section read as follows, viz.
The number of representatives shall, at the several periods oí mak¬
ing the enumeration in this section mentioned, be fixed by the legis¬
lature, and apportioned between the city of Philadelphia and the sev¬
eral counties according to tlie number of taxable inhabitants in each,
and shall never be less than sixty, nor more than one hundred : But
each county shall have, at least, one representative; provided that
no new county shall be erected until a sufficient number of taxable in¬
habitants shall be contained within the limits thereof, to entitle them to
at least one representative, agreeably to the ratio which shall then be
established for the city of Philadelphia and the several counties. Ati
enumeration of the taxable inhabitants shall be made within three years
after the first meeting of the general assembly, and within every sub¬
sequent term of seven years, in such manner as shall be, by law, di¬
rected. Until such enumeration shall be made, the city qf Philadel¬
phia and the several counties shall be, respectively, entitled to choose
the same number of representatives as is now prescribed by law.
Whereupon, A motion was made by Mr. Gallatin, seconded by Mr.
Smilie, to re-consider the said section, as amended, in prder to strike
out the words "and shall never be less than sixty, nor more than one
hundred and in lieu thereof to insert the following, viz. allow¬
ing one representative for every taxable inhabitant, "until the
whole number of representatives amounts to which number shall
then be kept forever."
On the question. Will the committee agree to re consider for the
aforesaid purpose ?
It was determined in the affirmative.
It was then moved by Mr. Gallatin, seconded by Mr. Findley, to
fill the blank in the said amendment with the words " twelve hun¬
dred," and to fill the second blank m the said amendment With the
words "one hundred and twenty."
On motion of Mr. Lewis, seconded by Mr. Smilie, Ordered, that
the further consideration of the said section, together with the sever¬
al amendthents, be postponed.
The fifth seqtion of the first article of the proposed constitution,
with the several amendments, recurring,
On the question. Will the committee agree to the postponement
moved yesterday, by Mr. Pickering, seconded by Mr. Thomas Ross,
in order to take into consideration the following, as a substitute fur
the fifth and sixth sections of the first article of the proposed consti¬
tution, viz.
820
MINUTES OF THE
Tlie number of senators shall not be less than one-fourth, nor moie
than one-third of the number of representatives, apd chosen in districts
into winch the commonwealth shall, from time to time, be divided by
the legislature; and the number of senators assigned to each district
shall be in proportion, as nearly as may be, to its quota ol public taxes;
provided that no district shall be so large as to be entitled to choose
more than senators."
And the yeas and nays being called by Mr. Whitehill, were as foi*
low, vin.
YEAS.
Mr. Robinson Mr» Pickering
NAYS.
Mr. Wilson
Baker
Roberts
Lewis
M'Kean
Mifflin
Gray
Hare
Edwards
Ogden
Jenks
Barclay
Stout
Gibbons
Bull
Mr. Boyd
Hand
Coleman
Graff
Atlee
Hubley
Miller
Siegle
Reed
Tyson
Pedan
Dill
Whitehill
Irvine
Power
Mr. Hiester
Lower
Lincoln
Groscop
Gehr
Mawhorter
Powell
Piper
Smith
Snyder
Findley
Todd
Addison
Höge
Redick
Mr. J. Ross
Smilie
Gallatin
M'Lene
Matthews
Morris
Potts
Coates
Shoemakei:
Gloninger
Brown
Henderson
Gibson
Sellers
Graham 60
So it was determined in the negative.
The motion made by Mr. Findley, seconded by Mr. M'Lene, then
recurring, viz..
To strike out the words "the senate shall consist of not fewer thaft
sixteen, nor more than thirty-two members," and in lieu thereof to in¬
sert the following, viz. "the number of senators shall be in the propor¬
tion of one senator to every three representatives."
After some debate the committee rose in order to report further pro¬
gress and ask leave to sit again.
i
WEDJ^E8DtS.Y, December 30, 1789. M.
The fourth section of the first article of the proposed constitution,
as amended, together with the amendment moved yesterday by !Mr.
Gallatin, seconded by Mr. Smilie, recurring.
It was mqved by Mr. Lewis, seconded by Mr. Potts, to insert after
the words "one hundred," these words ; "and that it shall be increa¬
sed at the time of making each enumeration, except the first, in the
same proportion which the increase of the number of taxables shall
bear to the number of representatives, until the same shall amount to
one hundred."
A fiuestion was then taken, whether the committee will agree that
the number of representatives shall not be fewer than sixty?
It was unanimously carried in the affirmative.
A question was taHen, Shall the words "one hundred" be struck
CONVENTION OP 1789-90.
Mr. Lincoln
Mr. Todd
Mr. Gallatin
Piper
Addison
M'Lene
Findley
Smilie
NAYS.
Matthews
12
Mr. Gibbons
Mr. Dill
Mr. Morris
Bull
Irvine
Potts,
Boyd
Hiester
Coates
Hand
Groscop
Shoemaker
Coleman
Gehr
Gloninger
Graff
Mawhorter
Brown
Atlee
Powell
Pickering
Hubley
Smith
Henderson
Miller
Snyder
Gibson
Siegle
Höge
Beale
Reed
Redick
Sellers
Tyson
3. Ross
Graham
Pedan
5a
otit for the purpose of inserting the words "one hundred and twenty r"
And the yeas and nays being called by Mr. Ogden, were as follow,
via.
YEAS.
Mr. Whitehill
Power
Lower
Mr. Wilson
Baker
Roberts
Lewis
M'Kean
Miifiin
Gray
Robinson
Edwards
Ogdt n
Jenks
Barclay
Stout
So it was determined in the negative.
The amendment moved by Mr. Lewis, seconded by Mr. Potts, re¬
curring, the same was unanimously adopted.
It was then moved by Mr, Ogden, seconded by Mr. James Ross, to
strike out the word "erected,'' in the amendment of Mr. Lewis and
Mr. Irvine, of the twenty-eighth instant, and in lieu thereof to insert
the following words, viz. " et.titled to a separate representation."
Which was carried in the aifirmative.
And thereupon, the said fourth section, as amended, agreed to a,s
follows, vi*.
Sect. IV. The number of representatives shall, at the several perL-
ods of making the enumeration in this section mentioned, be fixed by
the legislature, and apportioned between the city of Philadelphia and
the several counties, according to the number of taxable inhabitants
in each, and shall never be less than sixty nor more than one hundre.i;
and that it shall be increased at the time of making each enumeration,
except the first, in the same proportion which the increase of the num¬
ber of taxables shall bear to the then number of representatives, until
the same shall amount to one hundred. But each county shall have
at least one representative ; provided that no new county shall be en¬
titled to a separate representation, until a sufficient number of taxa¬
ble inhabitants shall be contained within the limits thereof, to entitle
tliem to at least one representative, agreeably to the ratio which shall
then be established for the .city of Philadelpliia and the several coun¬
ties; an enumeration of the taxable inhabitants shall be made within
three years after the first meeting of the general assembly, and within
every subsequent term of seven years in such manner as sliall be, by
law, directed. Until such enumeration shall be made, the city of
Philadelphia and the several counties shall be respectively entitled
to choose the saiue number of representatives as ig bow prescribed by
law.
41
MIKÜTES OP Tfim
The líftli section of the first article recurrinç, together with the
amendment proposed by Mr. Findley, seconded by Mr. M'Lenej th«
twenty-eighth instant.
It was moved by Mr. Smith, seconded by Mr. Miller, to postpone
the consideration of the said section and the sevejal amendments, in
Older to introduce the followins: as a substitute, viz.
That the senators shall be chosen in districts, in proportion to the
number of taxable inhabitants in each district, and shall consist of
members until the first enumeration, before mentioned, shall
be made, when, and at the several periods of making the enumeration
thereafter, the number of senators shall be fixed by the legislature, and
shall never be less than one-fourth nor more than one-third of the
number of representatives.
It was moved by Mr. Wilson, seconded by Mr. Findley, to post¬
pone the further consideration of the said fifth section with the several
amendments, as well as the substitute proposed by Mr. Smith and
Mr. Miller, together with the sixth section of the first article of the
said proposed constitution, in order to take into consideration that
part of the said proposed constitution which declares "That the sen¬
ators shall be chosen by electors."
On the question to agree to the postponement for the aforesaid pur¬
pose—It was determined in the negative.
And the substitute proposed by Mr. Smith, seconded by Mr. Miller*
was agreed to.
The sixth section of the first article of the proposed constitution be¬
ing next in order before the committee, viz.
The city of Philadelphia and the several counties shall be formed
into districts, containing each, as nearly as may be, such a number of
taxable inhabitants as shall be entitled to elect one senator; but where
that cannot be dpne, then such a number of adjoining counties shall
he formed into One district as shall be entitled to elect not more than
three senators.
It was moved hy Mr. Smilie, seconded by Mr. M'Lene, to strike
out the word " three" from the said section.
Which was carried in the affirmative. And thereupon the sixth
section adopted.
The seventh section of the first article of the said proposed consti¬
tution being the next in order before the committee, viz.
The citizens of the city of Philadelphia and of the several counties,
cmalified to elect representatives, when assembled for that purpose,
shall, if occasion require, at the same time, at the same places, and in
the same manner, for every representative elect two persons, resident
within their city ot coirnty respectively, as electors of the senator or
senators of their district.
A motion was made by Mr. James Ross, seconded by Mr. Picker¬
ing, to postpone the consideration of Uie seventh section in order to
re-consider the sixth.
Which was carried in the affirmative. '
It was then moved by Mr. Smith, seconded by Mr. Lewis, to amend
the sixth section so as to read as follows, viz.
The city of Philadelphia and the several counties shall be divided
into districts, any of which shall contain such a number of taxable ia^-
li^bitauls us shall be entitled to choose any number of seoators not ex-
CONVENTION OP <78U-90.
3S3
cccAing four ; but the city or any county shall not be divuled i,n form-
ing such districts. '
A motion was made by Mr. Hand, seconded by Mr. Boyd, to post¬
pone the consideration of the said amendment in order to add to the
said section the following words, viz. Provided that neither the city
of Philadelphia nor any county shall be divided in forming such dis¬
tricts.
On the question, Will the committee agcee to the postponement for
the aforesaid purpose ?
It was carried in the affirmative, and the sixth section, with the
amendments, adopted as follows, viz.
The city of Philadelphia and the several counties shall be formed
into districts, containing each, as nearly as may be, such a number of
taxable inhabitants as shall be entitled to elect one senator; but where
that cannot be done, then such a number of adjoining counties shall
be funned into one district as shall be entitled to elect not more than
senators ; provided that neither the city of Philadelphia nor
any county shall be divided in forming a district.
The seventh section then recurring, the following motion was made
by Mr. M'ilson, seconded by Mr. M'Lene, viz.
Resolved, That the senators be chosen by the citizens qualified to
elect representatives.
The committee then rose in order to report further progress and
ask leave to sit again.
THURSD^I, December 31, 1789. A.M.
The motion made yesterday by Mr. Wilson, seconded by Mr.
M'i .ene, recurring, viz.
To postpone the consideration of the seventh section of the first ar¬
ticle of the proposed constitution, in order to introduce the following,
resolution :
Resolved, That the senators be chosen by the citizens qualified to
elect representatives.
After considerable debate thereon, the committee rose, in ordeo to
report further progress and ask leave to sit again.
FRIDAY, January 1, 1790. A. M.
Mr. Wilson's motion of the thirtieth of December, again recur¬
ring, viz.
That the senators be chosen by the citizens qualified to elect
reipresentatives.
It was thereupon moved by Mr. Wilson, seconded by Mr. Smilie, to
re-consider the fifth and sixth sections of the first article of the propo¬
sed constitution, as adopted by this committee.
After considerable debate the committee rose, reported progress
and obtained leave to sit again to-morrow.
SATURDAY, January A. M.
The motion made yesterday by Mr. Wilson, seconded by Mr. Smi-
iie, to re-consider the fifth and sixth sectiops of the first article of the
proposed constitution, as adopted by this committee, again recurring.
MINUTES OF THE
On tlie question, Will the committee agree to re-consider the said
fifth and sixth sections? The yeas and nays being called by Mr.
Wilson, were as follow:
YEAS.
Mr. Wilson Mr. Pedan Mr. Mawhorter Mr. Gallatin
Baker Dill Arndt M'Lene
Gray Whitehill Powell Matthews
Robinson Power Piper Coates
Ogden Hiester Findley Shoemaker
Jenks Lower Todd Gloninger
Stout Lincoln Addison Brown
Gibbons Groscop Höge Graydon
Boyd Gehr Redick Henderson
Hublej SitgreaveS Smiiie Gibson
Reed 41
NAYS.
Mr. Roberts Mr. T. Ross Mr. Siegle Mr. Morris
Lewis Hand Tyson Potts
M'Kean Coleman Irvine Pickering
Mifflin Graff Smith Sellers
Hare Atlee Snyder Graham
Bull Miller J. Ross 23
So it was carried in the affirmative.
Whereupon, it was moved by Mr. Wilson, seconded by Mr. Hub-
iey, to substitute in lieu of the fifth, sixth, seventh, eighth, ninth, tenth
and eleventh sections of the first article of the proposed constitution,
the following, viz.
V. The senators shall be chosen for four years by the citizens of the
city of Philadelphia and of each county respectively, at the same pla¬
ces where they shall respectively vote for representatives.
VI. The number of senators shall, at the several periods of making
the enumeration mentioned in the fourth section, be fixed by the legis¬
lature, and apportioned between the districts hereinafter mentioned,
and shall never be less than, one-fourth, nor more than one-third ; and
that it shall be increased at the time of making each enumeration, ex¬
cept the first, in the same proportion which the increase of the num¬
ber of taxables shall bear to the then number of senators, until the
same shall amount to
VII. The senators shall be chosen in districts, to be formed by
ihe legislature ; in such a manner as that the citizens of each dis¬
trict shall be entitled to choose and not more than
senators. In forming districts, neither the city of Philadelphia nor
any county shall be divided.
VIII. No person shall be a senator, who shall not have attained to
the age of thirty years, and shall not have resided four years next be¬
fore his election in the state; the last year whereuf shall have been.in
the district for which he shall be chosen.
IX. Immediately after the senators shall be assembled in conse¬
quence of the first eleçtion, they shall be divided, as equally as may
be, Into four classes. The seats of the senators of the first class shall
be vacated at the expiration of the first year ; of the second class, at
CONVEITTTON OF 1789-90.
32S
the expiration of the second year ; of the third class, at the expiration of
the third year; and of the fourth class, at the expiration of the fourth
year; so that one-fourth may be chosen every year.
X Until the enumeration before mentioned shall be made the num¬
ber of senators shall be '
The committee then rose in order to report. That they had made
further progress in the business referred to them, and request leave to
sit again.
MONDA F, January 4, 1790. A. M.
The fifth section of the proposed substitutes offered by Mr. Wilson,
and seconded by Mr Hubley, recurring-
It was moved by Mr M'Lene, seconded by Mr. Thomas Ross, to
amend the said section so as to read as follows, viz.
Sect. V. The senators shall be chosen foi' four years by the citi¬
zens of the city of Philadelphia and of each county respectively, at the
same time, in the same manner and at the same places where they
shall respectively vote for representatives.
A motion was then made by Mr. Lewis, seconded by Mr. Ogden, to
postpone the consideration of the said section, with the proposed
amendments, in order to introduce the following in lieu thereof, v¡z.
The number of senators shall never be less than nor more
than and be chosen in districts into which the commonwealth
shall, from time to time,,be divided by the legislature; and the num¬
ber of senators assigned to each district shall be, as nearly as may be,
in the compound ratio of its number of taxable inhabitants and quota
of public taxes ; provided that no district shall be so large as to be
entitled to choose more than senators.
On the question, Will the committee agree to the postponement
for the aforesaid purpose ? The yeas and nays baing called by Mr.
Wilson, were as follow, viz.
YEAS.
Mr. Roberts
Lewis
M'Kean
Gray
Hare
Mr. Wilson
Miffiin
Robinson
Edwards
T. Ross
Boyd
Hubley
Reed
Dill
Whítehíll
Mr. Ogden
Stout
Bull
Hand
Coleman
Mr. Graff
Atlee
Miller
Siegle
Smith
Mr. J. Ross
Potts
Pickering
Sellers
19
Mr. M'Lene
Matthews
Coates
Gloninger
Brown
Graydon
Henderson
Gibson
Beale
38
NAYS.
Power
Mr. Piper
Hiester
Snyder
Lower
Findley
Lincoln
Todd
Groscop
Addison
Gehr
Höge
Sitgreaves
Redick
Mawhorter
Smilie
Arndt
Gallatin
Powell
So it was determined in the negative.
326
51INUTES OP THE-
The fifth section,, as amended bj Mr. M'Lene and Mr. Thomas
Ross, recurring.
On the question, Will the commUtee agree to the same?
The yeas and nays being called by Mr. Thomas Ross, were aß fol¬
low, viz.
YEAS.
Mr. Wilson
Baker
Robinson
Edwards
T. Ross
Boyd
Graflf
Hubley
Reed
Dill
Mr. Roberts
Lewis
M'Kean
Mifflin
Gray
Hare
Mr. Whitehill
Power
Diester
Lower
Lincoln
Groscop
Gehr
Sitgreaves
Mawhorter
Arndt
Mr. Powell
Piper
Findley
Todd
Addison
Höge
Redick
Smilie
Gallatin
Mr. M'Lene
Matthews
Coates
Gloninger
Brown
Graydon
Henderson
Gibson
Beala
SB
NAYS.
Mr. Ogden
Stout
Bull
Hand
Coleman
Mr. Atlee
M i 11 er
Siegle
Tyson
Irvine
Mr. Smith
Snyder
J. R^s
Potts
Pickering
21
So it was carried in the affirmative.
Tlie sixth section proposed by Mr. Wilson, seconded by Mr. Hub-
ley, thereupon being under the consideration of the committee,
It was moved by Mr. Sitgreaves, seconded by Mr. Ogden, to post¬
pone the consideration of the said sixth section lu order to amend the
same so as to read as follows, viz.
The number of senators shall, at the several periods of making the
enumeration hereinbefore mentioned, be fixed by the legislature, and
apportioned between the districts formed as hereinafter directed, in a
ratio compounded of the number of taxable inhabitants in, and the
quota of the state taxes assessed upon each district, estimating the to¬
tal amount of the state taxation and the whole number of taxable in¬
habitants as equal to each other. Provided that the number of sena¬
tors shall never exceed one-third, nor be less than one-fourth of the
number of representatives.
Whereupon, On motion, the committee rose in order to report.
That they had made further progvess in the business referred to them,
and ask leave to sit again.
TUESDAY, January 5, 1790. A. M.
The motion made yesterday by Mr. Sitgreaves, seconded by Mi^.
Ogden, recurring,
.^fter considerable debate< thereon, the committee rose in order to
report. That they had made further progress in the business referred
to then), and ask leave to sit again.
«ONVflÎîTlON OP 1789--90.
827
WEDNESDAY, January 6,1790. X M.
The motion made on the fourth day of January instant, by Mr. Sit-
greaves, seconded by Mr. Ogdcn, again recurring,
After considerable debate there'm, the committee rose in order to
report. That they had made further progress in the business referred
to them, and ask leave to sit again to morrow.
THURSDAY, January 7, 1790. A. M.
The thotion made on the fourth day of January, instant, by Mr. Sit-
greaves, seconded by Mr. Ogden, again recurring,
After considerable debate,
On the question, Will the committee agree to the postponement ?
The yeas and nays being called by Mr. Sitgreaves, were as follow, viz.
YEAS.
Mr. Baker
Roberts
Lewis
M'lCeañ
Gray
Robinson
Hare
Mr. Wilson
Mifflin
Gibbons
T. Ross
Boyd
Reed
Dill
Whitehill
Irvine
Power
Mr. Edwards
Ogden
Jenks
Stout
Bull
Hand
Coleman
Mr. Graff
Alle»
Hubley
Miller
Siegle
Tyson
Mr. Sitgreaves
Potts
Shoemaker
Pickering
Sellers
Graham
26
Mr. Matthews
Morris
Coates
Gloninger
Brown
Grayddn
Henderson
Gibson
Beale
39
Mr Hiester
Lower
Lincoln
Groscop
Gehr
Mawhorter
Arndt
Rhoads
PoweU
Piper
. Smith
Snyder
Findley
Todd
Addison
Höge
Redick
Smilie
Gallatin
M'Lene
So it was determined in the negative.
"Whereupon, Ôn motion, the committee rose in order to report.
That they had made further progress in the business referred to tham,
and ask leave to sit again.
FRIDAY, January 8, 1790. A. M.
The sixth section of the substitutes moved by Mr. Wilson, seconded
by Mr. M'Lene, recurring, viz.
VI. Itie number of senators shall, at the several periods of making
the enumeration mentioned in the fourth section, be fixed by the le¬
gislature, and apportioned between the districts formed as hereinafter
mentioned, and shall never be less than one-fourth nor more than
one-fhird of the number of representatives ; ,and that it shall be in¬
creased at the time of making each enumeration, except the first, in
the same proportion which the increase of the number Ojf taxable in?
habitants snail bear to the then number of senators.
MINUTES OP THE
Amotion was made by Mr. Lewis, seconded by Mr. Smilie, to
•trike out the remainder of the said section after the word "represent¬
atives."
Which was then carried in the affirmative.
It was then moved by Mr. Gallatin, seconded by Mr. Smilie, to in¬
sert after the words '• hereinafter mentioned," the follov/ing, viz. "ac¬
cording to the number of taxables in each."
On. the question. Will the committee agree to the proposed amend¬
ment ? The yeas and nays being called by Mr. Lewis, were as fol¬
low, viz.
YEAS.
Mr. Wilson
Mifflin
Gibbons
T. Ross
Boyd
Hand
Coleman
Graff
Atlee
Hubley
Miller
Siegle
Mr. Reed
Dill
Whitehill
Irvine
Power
Hiester
Lower
Lincoln
Groscop
Gehr
Sitgreaves
Mawhorter
Mr. Arndt -
Rhoads
Piper
Smith
Snyder
Find ley
Todd
Addison
Höge
Redick
J. Ross
Smilie
Mr.^ÇalIatin
M'Lene
Mathews
Morris
Potts
Coates
Gloninger
Brown
Graydon
Henderson
Gibson
Beale 48
NAYS.
Mr. Roberts Mr. Gray Mr. Jenks Mr. Sellers
Lewis Robinson Tyson Garham
M'Kean Edwaids Pickering 11
So it was carried in the affirmative.
,It was therenpon ordered. That the remainder of the said section
be struck out.
A motion was then made by Mr. Gallatin, seconded by Mr. Smilie,
to insert the following words in lieu thereof:
Provided that the number of senators shall never be less than thirty
after the number of representatives shall have arisen to one hundred.
On the question, Will the committee agree to the amendment ?
It was determined in the negative, and the sixth section adopted
as follows, viz.
Sect. VI. The number of senators shall, at the several periods of
making the enumeration mentioned in the fourth section, be fixed by
the legislature, and apportioned between the districts formed as here-
inatter mentioned, according,to the number of taxable inhabitants in
each, and shall never be less than one-fourth nor more than one-third
of the number of representatives.
The seventh section coming under the consideration of the^cnmmit-
tee, it was moved by Mr, Wilson, seconded by Mr. Hand, to amend
the same so as to read as follows, viz.
The senators shall he chosen from districts to be formed by the le¬
gislature jp euch a manner as that each district shall contain
and not more than , senators. In forming districts neither
the city of Philadelphia nor any county shall be divided.
On the question. Will the committee agree to the same ? The yeas-
and nays being calle^ by Mr. OolciQaD, were as foUow, viz.
COÎiinENTION OF 1789-90.
YEAS.
Mr. Wilson
Mr.
Hare
Mr. Atlee
Mr. Potts
Baker
Edwards
Hubley
Shoemaker
Roberts
Jenks
Miller
Graydon
Lewis
Gibbons
Siegle
Pickering
M'lCean
Hand
Tyson
Sellers
MifQin
Coleman
Morris
Graham
Gray
Graff
2Ô
NAYS.
Mr. Robinson
Mr.
Lower
Mr. Smith
Mr. Gallatin
T. Ross
Lincoln
Snyder
M'Lene
Boyd
Groscop
Findley
Matthews
Reed
Gehr
Todd
Coates
Dill
Sitgreaves
Addison
Gloninger
W hitehill
Mawhorter
Höge
Brown
Irvine
Arndt
Redick
Henderson
Power
Rhoads
J. Ross
Gibson
Hiester
Piper
Smilie
Beale S6
So it was determined in the negative.
The oommittee then rose in order to report. That they had made
further progress in the business referred to them, and request leave to
sit again.
SATURDAY, January 9, ir90. A. M.
The seventh section proposed by Mr. Wilson, seconded by Mr."
M'Lene, recurring, viz.
The senators shall be chosen in districts to be formed by the legis¬
lature, in such a manner as that the citizens of each district shall be
entitled to choose and not more than senators.
In forming districts, neither the city of Philadelphia nor any county
shall be divided.
It was moved by Mr. Robinson, seconded by Mr. Lewis, to strike
out the words " and not more than," and in lieu thereof to insert the
words "and not more than one-third nor less than one-eighth of the
whole number of".
On the question. Will the committee agree to the amendment?
The yeas and nays being called by Mr. Robinson, were as follow,
viz.
YEAS.
Mr. Baker
Roberts
Lewis
M'Rean
MifSin
Mr. Gibbons
T. Ross
Boyd
Hand
Graff
Pickering
Sellers
Graham
Mr. Gray Mr. Siegle Mr. Graydon
Robinson Gallatin
Hare Morris
Edwards Coates
Jenks Shoemaker
NAYS.
Mr. Atlee Mr. Irvine Mr. Groscop
Hubley Power Gehr
Reed Heister Sitgreaves
Dill Lower Arndt
'White.hill Ltpco^ Rhoads
- 42 - -
19
330
MINUTES OP THE
NAYS.
Mr. Piper Mr. Addison Mr. Smilie Mr. Brown
Smith Höge M'Lene Hendersoo
Snyder Rèdick Matthews Gibson
Findlev J. Ross Gloninger Beale
Todd ■ 37
So it was determined in the negative.
The original section, moved by Mr. Wilson, seconded by Mr.
M'Lene, again recurring—
It was moved by Mr. M'Lene, seconded by Mr. Brown, to fill the
first blank with the word •' one," and the second with the word
" four."
A motion was then made by Mr. Gallatin, seconded by Mr. Robin¬
son, to fill the first blank with the word " two."
Which was determined in the negative.
And the motion made by Mr. M'Lene, seconded by Mr. Brown,
adopted.
It was then moved by Mr. James Ross, seconded by Mr. Smith, to
amend the said seventh section so as to read as follows, viz.
Sect. VII. The senate shall be chosen in districts to he formed by
the legislature, containing each, as nearly as may be, such a number
of taxable inhabitants as shall be entitled to elect pne senator; but
where that cannot be done, then such number of adjoining counties shall
be formed into one district as shall be entitled to elect not more than
four senators: Provided that neither the city of Philadelphia, nor
any county, shall be divided in forming a district.
On the question. Will the committee agree to the section, as
amended ? The yeas and nays being called by Mr. Thomas Ross, vvere
as follow, viz.
YEAS.
Mr. T. Ross Mr. Dill Mr. Sitgreaves Mr. Höge
Boyd Whitehill Arndt J. Ross
Hand Irvine Rhoads Smilie
Coleman Power Piper M'Lene
Graff" Hiester Smith Matthews
Atlee Lower .Snyder Gloninger
îîubley Lincoln Findley Brown
Siegle Groscop Todd Gibson
Reed Gohr Addison Beale
Tyson S7
NAYS.
Mr. Baker Mr. Gray Mr. Gallatin Mr. Pickering
Roberts Robinson Morris Henderson
Lewis Hare Coates Sellers
M'Kean Jenks Shoemaker Graham
Mifflin Gibbons Graydon 19
So it was determined in the affirmative, and the seventh section,
as amended, adopted.
Tiic eighth section, proposed by Mr. Wilson, and seconded by Mr.
M'Lene, coming under the consideration of the committee, viz.
No person shall be a senator who shall not have attained to the age
of thirty years, and who shall not have resided four years next before
CONVENTION OF 1789t-90.
Iiis election in the state ; the last year whereof shall have been in the
district for which he shall be chosen.
It was moved by Mr. Smilie, seconded by Mr. Hand, to strike out
the word " thirty," and in lieu thereof to insert the words " twenty^
one."
A motion was then made Mr. Hand, seconded by Mr. Smith, to in¬
sert the words " twenty-five."
Which was carried in the affirmative.
It was thereupon moved by Mr. Hare, seconded by Mr. Graydon,
to amend the said section so as to read as follows, viz.
No person shall be a senator who shall not have attained to the age
of twent^-^-dve years, and who shall not have resided four years in the
state within seven years next before his election.
Which was determined in the negative.
It was then moved by Mr. Henderson, seconded by Mr. Piper, to
amend the said section so as to read as follows, viz.
No person shall be a senator who shall not have attained to the age
of twenty-five years, and have been four years a citizen of this state,
and have resided four years next before his election in the United
States ; the last year whereof shall have been within the district for
which he shall be chosen.
Which was determined in the negative.
A motion was then made by Mr. Smith, seconded by Mr. Thomas
Ross, to amend the eighth section so as to read as follows, viz.
No person shall be a senator who shall not have attained to the age
of twenty-five years, and have been a citizen of this state four years
next before his election ; the last year whereof he shall have been resi¬
dent in the district for which he shall be chosen.
Which was determined in the negative, and the eighth section, as
amended, adopted as follows, viz.
Sect. VIII. No person shall be a senator who shall not have attained
to the age of twenty-five years, and who shall not have been a citizen
and inhabitant of the state four years nex|i,before his election ; the
last whereof shall have been in the district for which he shall be
chosen.
The ninth section proposed by Mr. Wilson coming under the con¬
sideration of the committee, the same was adopted as follows, viz.
Sect IX. Immediately after the senators shall be assembled in con¬
sequence of the first election, they shall be divided by lot, as equally
as may be, into four classes. The seats of the senators of the first
class shall be vacated at the expiration of the first year; of the second
class, at the expiration of the second year ; of the third class, at the ex¬
piration of the third year ; and of the fourth class, at the expiration of
the fourth year; so that one fourth may be chosen every year.
The tenth section proposed by Mr. Wilson coming under the con¬
sideration of the committee, viz.
Until the enumeration before mentioned shall be made, the number
of senators shall be
It was moved by Mr. Sitgreaves, seconded by Mr. Addison, to fill
the blank with the words " twenty-three." Whereupon, On motion.
Ordered, That the further consideration of the said tenth section be
postponed.
The thirteenth section of the constitution reported by the commit¬
tee of nine coming under the consideration of this committee, viz.
332
3IINÜTES OF THE
The general assembly shall meet at least once in every year, and
such meeting shall be on the Tuesday of November.
It was moved by Mr. Findley, seconded by Mr. Smith, to strike
out the words " Tuesday of November," and to insert the words
" first Tuesday of December."
Which was carried in the affirmative.
A motion was then made by Mr. Lewis, seconded by Mr. Thomas
Ross, to add the following words, viz. " until the same shall be altered
by the legislature."
Which was determined in the negative.
And the said section was adopted by this comniittr e as the eleventh
section of the first article of the said proposed constitution, as fol¬
lows, viz.
Sect. XI. The general assembly shall meet at least once in every
year; and such meeting shall be on the first Tuesday of December.
The fourteenth section of the first article of the said proposed con¬
stitution coming under consideration, the same was adopted" as the
twelfth section, as follows, viz.
Sect. XII. Each house shall choose its speaker and other officers ;
and the senate shall also choose a speaker pro tempore, when the
speaker shall exercise the office of governor.
The committee then rose in order to report. That they had made
further progress in the business referred to them, and ask leave to sit
again.
MOA'DJIY, January 11, 1790. A, M.
The fifteenth section of the proposed constitution, as reported by
the committee of nine, being under the consideration of this commit¬
tee, it was moved by Mr. Lewis, seconded by Mr. M'Lene, to amend
the same so as to read as follows, viz.
Sect. XIII. Each house shall be the judge of the qualifications of
its own members ; but in case of contested elections the same shall be
judged of and determflied by a committee, to be selected from the
house in such manner ,18 shall be, by law, directed. And a n^ority of
each house shall constitute a quotum todo business; but a smaller
miinber may adjourn from day to day, and may he authorised to com¬
pel the attendance of absent members in such manner, and under such
penalties, as the house may provide.
On the question, Will the committee agree to the said amendment?
It was carried in the affirmative, and the said section adopted as
the thirteenth section of the first article of the said proposed consti¬
tution.
The sixteenth section of the first article of the proposed constitu¬
tion, as reported by the committee of nine, coming under the consid¬
eration of this committee, viz.
Each house may determine the rules of its proceedings, punish its
members for disorderly behaviour, and, with the concurrence of two-
thirds, expel a member; and shall have all other powers necessary lor
either branch of a free legislature.
It was moved by Mr. üallatin, seconded by Mr. Smilie, to strike
out the words" and with the cwicurrence of two thirrls, expel a mem¬
ber," and in lieu thereof to insert the following words, viz. " cither
4)y censure or expulsion; provided that no member be expelled with¬
out the concurrence of two-tliirds."
CONTENTION OF 1789--90.
333
Whereupflp» on motion of Mr. Smilie, seconded by Mr. Findley,
Ordered, That the further consideration of the said section, togeth¬
er with the proposed amendment, be postponed.
The committee then rose in order to report, that they had made fur¬
ther progress in the business referred to them, and ask leave to sit
again to-morrow.
TUESDÂV, January 12, 1790. M.
The sixteenth section of the constitution reported by the committee
of nine, together with the amendment proposed by Mr. Gallatin, se¬
conded by Mr. Smilie, recurring
It was moved by Mr. M'Lene, seconded by Mr. Gallatin, to insert
after the words " expel a member, " "but not a second time for the
same cause." Which was carried in the affirmative.
The section, with the amendment proposed yesterday, then recur¬
ring, a division of the question on the amendment was called for and
agreed to.
Whereupon, on the question. Will the committee agree to the first
part of the amendment proposed by Mr. Gallatin and Mr. Smilie, viz,
" either by censure or expulsion?"
The yeas and nays being called by Mr. Gallatin, were as follow, viz..
YEAS.
Mr. Edwards
Boyd
Whitehill
Power
Mr. Lincoln
Powell
Piper
Findley
Mr. Todd
Addison
Höge
Smilie
NAYS.
IMr. Wilson
Baker
Roberts
Lewis
M'Kean
Mifflin
Gray
Robinson
Hare
Stout
Gibbons
T. Ross
Mr. Hand
Coleman
Graft'
Atlee
Hubley
Ereckbill
Miller
Siegle
Reed
Tyson
Hill
Mr. Irvine
Hiester
Lower
Groscop
Gehr
Sitgreaves
Arndt
Rhoads
Smith
Snyder
Redick
Mr. Gallatin
M'Lene
Mattheyvs
Gloninger 16
Mr. J.Ross
Morris
Coates
Shoemaker
Brown
G ray don
Pickering
Henderson
Gibson
Sellers
Graham
So it was determined in the negative.
The original section reported by the committee of nine, then recur¬
ring as amended.
It was moved by Mr. Sitgreaves. seconded by Mr. Lewis, to insert
after the word " members," the words following, viz. " and others for
breach of privilege or."
On the question. Will the committee agree to the amendment? It
was determined in the negative.
A motion was then made by Mr. Findley, seconded by Mr. White-
hill, to strike out the words '• punish its members for disorderly beha¬
viour." Which was determined in the negative.
33^
MINUTES OF THE
It was moved by Mr. Hare, seconded by Mr. Wilsof, to amend the
Baid section so as to read as follows, viz.
Sect. XIV. Each house may determine the rules of its proceedings,
punish its members for disorderly behaviour; and with the concurrence
of two-thirds, expel a member, but not a second time for the same cause,
and shall have all other powers necessary for either branch of the
legislature of a free state.
Which was carried in the aflGrmativc.
On the question. Will the committee adopt the same as the four¬
teenth section of the first article of the proposed constitution?
The yeas and nays being called by Mr. Smilie, were as follow, viz.
YEAS.
Mr. Wilson
Baker
Roberts
Lewis
M'Kean
! Mifflin
Gray
Robinson
Hare
Edwards
S tont
Gibbons
T. Ros§
Mr. Boyd
Hand
Coleman
Graff
Atlee
Hubley
Breckbill
Miller
Siegle
Reed
Tvson
Dill
Irvine
Mr. Hiestcr
Lower
Lincoln
Groscop
Gehr
Arndt
Rhoads
Powell
Smith
Snyder
Todd
Addison
Höge
Mr. Redick
J. Ross
Morris
Coates
Shoemaker
Gloninger
Brown
Graydon
Pickering
Henderson
Gibson
Sellers
Graham 52
NAYS.
Mr. Whitehill Mr. Piper Mr. Smilie Mr. M'Lene
Power Findley Gallatin Matthews
Sitgreaves 9
So it was carried in the affirmative.
The seventeenth section of the first article of the proposed constitu¬
tion, as reported by the committee of nine, being under the consider¬
ation of this committee, viz.
Each house shall keep a journal of its proceedings, and from time to
time publish them, excepting such parts as may in their judgment, re¬
quire secrecy: and the yeas and nays of the members of either house,
on any question, shall at the desire of be entered on the
journal.
It was moved l)y Mr. Sitgreaves, seconded by Mr. Boyd, to fill the
blank with the words " an^ five of them in the representatives and two
in the senate." Which wps determined in the negative.
A motion was then made by Mr. Lewis, seconded by Mr. White-
hill, to fill the blank with the words <'any two of them."
On the question. Will the committee agree to the same? It was car¬
ried in the affirmative.
It was moved by Mr. Addison, seconded by Mr. Höge, to strike out
the word "their," and in lieu thereof to insert the word " the," and
after the word " judgment," to insert the words " of both." Which
was determined in the negative.
A motion was then made by Mr. M'Lene, seconded by Mr. Smilie,
to add the following words to the said section, viz. " with their reasons
at large."
CONVENTION OF 1789-90.
335
On the question, Will the committee agree to the same?
The yeas and nays being called by Mr, Wilson, were as follow, viz.
YEAS.
Mr. Findley
Mr. Lewis
Kd wards
Whitehill
Lower
Mr.
Mr. Lincoln
Mr. Gallatin
Groscop
Todd
M'Lene
Powell
Smilie
Mattliews
Piper
14
NAYS.
Mr. Hand
Mr. Power
Mr. Morris
Coleman
Gehr
Coates
Graft"
Sitgreaves
Shoemaker
Atlee
Arndt
Gloninger
Hubley
Rhoads
Brown
Breckbill
Smith
Graydon
Miller
Snyder
Pickering
Siegle
Addison
Henderson
Reed
Höge
Gibson
Tyson
Redick
Sellers
Dill
J. Ross
Graham
Irvine
46
Wilson
Baker
Roberts
M'Kean
Mifll'.n
Gray
Robinson
Hare
Stout
Gibbons
T. Ross
Boyd
So it was determined in the negative.
It was moved by Mr. Edwards, seconded by Mr. Smilie, to strike
out the words " from time to time," and in lieu thereof to insert the
word "and,"' and to insert after the words " publish them," the word
•• weekly." Which was determined in the affirmative.
The seventeenth section, as reported by the committee of nine, was
ilien adopted as the fifteenth section of thefirst article of the proposed
constitution, as follows, viz.
Sect. XV. Each house shall keep a journal of its proceedings, and
publish them weekly, excepting such parts as may, in their judg¬
ment, require secrecy: And the yeas and nays of the members, of
either house, on any question, shall, at the desire of any two of them,
be entered on the journal.
The eighteenth section, reported by the committee of nine, coming
under the consideration of this committee, the same was adopted as
the sixteenth section of the first article of the said proposed constitu¬
tion, as follows, viz.
Sect. XVI. The doors of each house shall be open, unless when the
business shall be such, as in their judgment, ought to be kept secret.
The ninteenth section of the first article of the proposed constitu¬
tion, reported by the committee of nine, being under the consideration
of this committee, the same was adopted as the seventeenth section of
the said first article, as follows, viz.
Sect. XVII. Neither house shall, without the consent of the other,
adjourn for more than three days, nor to any other place than that in
which the two houses shall be sitting.
The twentieth section of the first article of the said proposed con¬
stitution being under consideration, the same was adopted as the
eighteenth section of the said article, viz.
Sect. XVIII. The senators and representatives shall receive a
compensation for their services to be ascertained by law, and paid out
of the treasury of the commonwealth. They shall in all cases, except
336
MINUTES OF THE
treason, felony and breach of the peace be privileged from arrest during
their attendance at the session of the respective houses, and in going
to and returning from the same; and for any speech or debate in either
house they shall not be questioned in any other place.
The twenty first section reported by the committee of nine, being
then under consideration, it was moved by Mr. James Ross, seconded
by Mr. Findley, to amend tiie said section so as to read as follows,
viz.
Sect. XIX. No senator or representative shall, during the time
for which he was elected, be appointed to any civil office, under the
authority of this commonwealth, which shall have- been created, or
the emoluments of which shall have been increased, during such time;
and no member of congress or other person holding any office, except
in the militia, under this commonwealth, or the United States, shall be
a member of either house during his continuance in congress or in
office.
On the question. Will the committee agree to the amendment? It
was carried in the affirmative, and, with the amendment, adopted as
the ninteenth section of the first article of the said proposed consti¬
tution.
The twenty-second section of the said first article, reported by the
committee of nine, coming under the consideration of this committee,
the same was adopted as the twentieth section of the said article, viz.
Sect. XX. When vacancies happen in either house, the speaker
of that house shall issue writs of election to fill »uch vacancies.
It was then moved by Mr. Sitgreaves, seconded by Vir. Edwards, to
re-consider the eighteenth section of the first article adopted by this
committee, in order to introduce the following amendment; to insert
after the words "and paid," the following, viz. " to the representatives
out of the treasuiy of the city or proper county, and to the senators by
a rateable contribution from the treasuries of the counties which form
the districts by which they are respectively chosen, except the travel¬
ling charges which shall be paid."
On the question. Will the committee agree to re-consider for the
aforesaid purpose?
The yeas and nays being called by Mr. Sitgreaves, were as follow,
viz.
YEAS.
Mr. Hobertâ
Mr. Stout Mr. Arndt
Graft" Morris
Breckbill Shoemaker
Sitgreavue Gloninger
Mr. Brown
Sellers
Graham
Gray
Hare
Edwards
15
NAYS.
Mr. Wilson Mr. Hand
Baker Coleman
Lewis Atlee
M'Kean Hubley
, Mifllin Miller
Robinson Siegle
Gibbons Reed
T. Ross Tyson
Boyd Dili
Mr. Whitehill
Mr. Powell
Irvine
Power
Diester
Lower
Lincoln
Groscop
G ehr
Rhoads
Piper
Smith
Snyder
Findley
Todd
Höge
Redick
Addison
convention op lyôo oo«
337
NAYS.
Mr. J. Ross
SmlUe
Gällatin
Mr. M'Lene
Matthews
Coates
Air. Giaydon
Pickering
Mr. Henderson
Gibson
46
So it was determined in the negative.
The twenty-third section of the first article of the proposed constitu¬
tion being under the consideration of this committee, viz.
Sect. XXI. All bills for raising revenue shall originate in the house
of representatives; but the senate may propose or concur witli amenU-
inents, as in other bills. .
On the question, Will thecoramitree adopt the same as the twenty-
first section of the said article?
The yeas and nays being called by Mr. Edwards, were as follow,
viz.
Air. Wilson
Roberts
M'K.ean
Gray
Ilare
Stout
Gibbons
T. Ross
Boyd
Hand
Coleman
Graflf
Atlee
Mr. Hubley
Breckbill
Aliller
Siegle
Reed
T yson
Dill
Whitehill
Irvine
Power
Hiester
Lower
Lincoln
YEAS.
Mr.
Groscop
Gehr
Sitgreaves
Arndt
Uhoads
Powell
Piper
Smith
Snyder
Findley
Todd
Addison
Höge
Air. Redick
J. Ross
Sioilie
AÍ'Lene
Matthews
Al orris
Gioninger
Brown
G ray don
Henderson
Gibson
Sellers
Graham 52
NAYS.
Mr» Shoemaker
Pickering
8
Air. Baker Mr. Robinson Air. Gallatin
Mifilih Edwards Coates
So it was determined in the affirmative.
The twenty-fourth section of the first article of the said proposed
constitution being under consideration, the same was adopted as the
twenty second section of the said article, viz.
Sect. XXII. No money fhall be drawn from the treasury, but in
consequence of appropriations made by taw.
The committee then rose in order to report further progress in the
business referred to them, and request leave to sit again.
WEDNESDAY, January 13, 1790. A Jb.
The twenty fifth section of ihe first art cle of the proposed constitu¬
tion, reported by the committee of nine, being under the consideration
of this committee,
A motion was made by Mr Sitgreaves, seconded by Mr. Höge, to
strike out the words" three fifths," and in lieu thereof to insert, in the
respective places, the words " a majority of the whole number."
It was tnen moved by Mr. Findley, seconded by Mr. Gallatin, to
adjourn the debates ölf^the twenty-fifth section now under considera¬
tion, as wcfl as the twenty-sixtii section of the same article, in order tç;
4ß . r
a38
MINTTTP« /MB T-a a
take into consideration the second article of the said proposed consti*
tution.
Vilich was carried in the affirmative, and thereupon the first seci
tion of the second article of the said proposed constitution being under
consideration, viz.
The supreme executive power of this commonwealth shall be vested
in a governor.
It was moved by Mr. Findley, seconded by Mr. Addison, to add af¬
ter the word " governor," the words "and council."
On the question, Will the committee agree to the amendment ?
The yeas and nays being called by Mr. Thomas Ross, were as fol*
low, viz.
YEAS.
Mr. Boyd
Whitehill
Power
Hiester
Lower
Mr. Lincoln
Gehr
Powell
Piper
Findley
Mr. Todd
Addison
Höge
Redick
J. Ross
Mr. Smilie
Gallatin
M'Lene
Matthews
Beale 2D
Mr. Stout
Gibbons
T. Ross
Hand
Coleman
Graff
Atlee
Hubley
Breckbill
Miller
NAYS.
Mr.
Siegle
. Reed
Tyl&n
Pedan
Dill
Irvine
Groscop
Sitgreaves
Arndt
Smith
Snyder
Mr. Morris
'Coates
Shoemaker
Gloninger
Brown
Graydon
Pickering
Henderson
Gibson
Sellers
42
Mr. Wilson
Baker
Roberts
Lewis
M'Kean
Mifilin
Gray
Robinson
Hare
Edwards
Barclay
So it was determined in the negative, and the original section adopt¬
ed as follows, viz.
Section I. The supreme executive power of this commonwealtli
shall be vested in a governor.
The committee then rose in order to report, that they had made
further progress in the business referred to them, and request leave
to sit again.
THURSDAY, January 14,1790. A. M.
The second section of the second article of the proposed constitu¬
tion being under the consideration, of this committee.
It was moved by Mr. Addison, seconded by Mr. Matthews, to¡post-
pone the consideration of the said section in order to resume the con¬
sideration of the tenth section, proposed by Mr. Wilson, seconded by
Mr. M'Lene, and postponed on the ninth day of January, instant.
Which was carried in the affirmative.
And the said tenth section being then under the consideration of this
committee, viz. " Until the enumeration before mentioned shall be
made the number of senators shall be " as well as the
motion made by Mr. Sitgreaves, seconded by Mr. Addison, to fill the
blank With the words" twenty-three.'^
CONVENTION OP 1789-90,
339
It was then moved by Mr. Wilson, seconded by Mr. Tyson, to fill
the blank with the word " eighteen."
A motion was made by Mr. Lewis, seconded by Mr. Wilson, to ad¬
journ the debates on the several amendments proposed to the said tenth
section in order to re-consider the fourth section of the first article of
the said proposed constitution.
Whereupon, on motion of Mr. James Ross, seconded by Mr. Addi¬
son, to resume the consideration of the twenty-fifth section of the first
article of the proposed constitution, with the amendments postponed
yesterday.
It was determined in the affirmative, and the said twenty-fifth sec¬
tion being under consideration.
The motion made by Mr. Sitgreaves, seconded by Mr. Huge, recur¬
ring, viz. To strike out the words " three-fifths," and in lieu thereof,
to insert, in their respective places, the words "a majority of the whole
number."
On the question. Will the committee agree to the áaid amendment?
The yeas and nays being called by Mr. Sitgreaves, were as follow,
viZt.
Mr. Whitehill
Power
Lower
YEAS.
Mr. Lincoln Mr. Piper
Groscop
Sitgreaves
Todd
Addison
Mr. Höge
Smilie
Matthews
NAYS.
Mr. Wilson
Mr. Gibbons
" Baker
T. Ross
Roberts
Boyd
Lewis
Hand
M'Kean
Coleman
Mifflin
Graft'
Gray
Atlee
Robinson
Hubley
Hare
Breckbiil
Edwards
Miller
Jenks
Siegle
Barclay
Reed
Stout
Tyson
Mr.^Dill Mr. M'Lene
Irvine Morris
Gehr Coates
Arndt Shoemaker
Rhoads Gloninger
Powel Graydon
Smith Pickering
Snyder Henderson
Find ley Gibson
Redick Beale
J. Ross Sellers
Gallatin Graham
50
So it was determined in the negative.
It was then moved by Mr. Wilson, seconded by Mr. James Ross, to
strike out the words " three-fifths," and in lieu thereof to insert, in
the respective places, the words " two-thirds."
On the question. Will the committee agree to the same?
The yeas and nays being called by Mr. Wilson, were as follow, viz.
YEAS.
Mr. Wilson Mr. Robinson Mr. T. Ross
Baker Hare Hand
Roberts Edwards Coleman
Lewis Jenks Graft'
M'Kean Barclay Atlee
Mifflin Stout Hubley
■Gray Gibbons Ereckbill
Mr. Miller
Siegle
Tyson
Pedan
Sitgreavifs
Atndt
jElhoads
§40 MINUTES OU THE
YEAS.
Mr. Piper Mr. Gallatin Mr. Pickering Mr. Seller«
Snyder Morris Gibson Graham
J. llosa Coates S8
NAYS.
Mr Boyd Mr. I.incoln Mr. Todd Air. Matthews
Heed Groscop Addison Shoemaker
Dili Gehr Höge Gioninger
Whitehill Powell lieoick Graydon
Irvine Smith Smilie Henderson.
Power Find ley M'Lene Beale
Lower 25
Soit was determined in the affirmative, and tiie amendment adopt¬
ed.
, A motion was then made by Mr Lewis, seconded by Mr. Edwards,
to strike out the word " not" before the words " be a law," and to add
the following, viz. <• unless sent back within three days after their next
meeting." Winch was carried in the affirmative.
And the said twenty-fifth section, with the several amendments,
ado)^d as the twenty third section of the said proposed constitution,
as fti^ws, viz.
Sect. XXHI. Every bill, which shall have passed the house of re¬
presentatives and the senate, shall before it become a law, be preserrted
totbegovernor. If he approve, he shall sign it; but if he shall not ap¬
prove it, he shall return it, with his objections, to that house in which it
shall have originated, who shall enter the objections at large upon theif
journal, and proceed to re-consider it. If, after such re-consideration,
two-thirds of" that house shall agree to pass the bill, it shall be sent,
together with the objections, to the other house, by which it shall
Iim: wise be re-considered, and if approved by two-thirds of that house it
shall become a law. But in all such cases, the votes of both houses shall
be determine'! by yeas and nays, and the names of the persons voting
for and against the bill shall be entered on the journals of each house
respectively. If any bill shall not be returned by the governor within
tei: (lays (Sundays excepted) alter it shall have been presented'to
him, the same shall be a law in like ma.mer as if he had signed it; un¬
less the general assembly, by their adjournment, prevent its retnrn, in
whici' case it shall be a law, unless sent back within three days after
their next meeling.
The twenty-sixth section of the first article of the proposed constitu¬
tion being under consideration, it was unanimously agreed to strike
out the words " three-fifths," and in lieu thereof to insert " two-
thirds.*'
Uu the question, Will the committee adopt the said section as
amended, as the twenty-fourth section of the first article of the said
proposed constitution?
The yeas and nays being called by Mr. Shoemaker, were as follow
XDZ'
YEAS.
Mr. Baker Mr. Mifflin Mr. Hare Mr. Stout
Lewis Gray Jenks Gibbons
M'Kean Robinson Barclay Boyd
CONVENTION OF 1789-90.
34)1
^r. Hand
Coleman
Mr. Siegle
YEAS.
Mr. Arndt
Mr. Pickering
Henderson
Graff
Atlee
Hubley
Miller
Reed
Tyson
Pedan
Dill
Sitgreaves
Rhoads
Snyder
Höge
Uedick
J. Ross
Gibson
Sellers
Graham
35
Mr. Wilson Mr. Power
Roberts Diester
ICd wards Ijower
NAYS.
Mr. Smith
Findley
Mr. Matthews
Morris
Coates
To'ld
Breckbill Gehr
Wliitehill Powell
Irving Piper
T. Ross Groscop
Addison
Smiiie
Gallatin
M'i.ene
Siioemaker
Gloninger
Reale
So it was determined in the affirmative, and the said section adopt¬
ed as follows, viz
Sect. XXIV, Every order, resolution or vote, to which the concur¬
rence of the senate and house of representatives may be necessarj|{ex-
ceptoD aquestion of adjournment) shall be presented to the governor,
and before the same shall take effect, be approved by him; or, being
disapproved by him, shall be re-passed by two thirds of the senate
and house of representatives, according to the rules and limitations
prescribed in case of a bill.
Whereupon, on motion of Mr. James Ross, seconded by Mr. M'Eene,
Ordered, that the secretary procure tAvo copies of the several sections
of the first article of the said proposed constitution to be printed for
the use of each member.
The committee then rose in order to report, that they had made fur-
tlier progress in the business referred to them, and ask leave to sit
again.
The second section of the second article of the proposed constitu¬
tion, postponed yesterday, recurring, viz.
He shall hold his office during tiie term of three years; and shall be
chosen on the Tuesday of October in every third year, by
the citizens throughout the commonwealth, at the places where they
sliall respectively vote for represematives.
It was, on motion of Mr. Hand, unanimously agreed to fill the blank
in the said section with llie word "second."
A motion was then made by Mr. Sitgreaves, seconrled by Mr. Ed¬
wards, to add the following words to the said section, viz. " But if it
should so happen tt«at no person should,have a majority of all the votes
given at any election for governor, or if any two or moie persons should
be highest and e^ual in votes,in such case tiiegeneral assembly shall by
joint ballot of both houses, elect one of those two who shall, be highest
in votes, at such election, to be governor for the ensuing three years."
It was moved by Mr. Addison, seconded by Mr. (ialfatin, to strike
out of Mr Sitgreaves' amendment the whole preceding the woi ds " if
any two or more." Which was carried in the affirmative.
FRIDAY. January 15, 1790,.^. M.
MINUTES OF THE
A motion Ttras then made by Mr. James Ross, seconded by Mr. Ad¬
dison, to strike out the word "ballot," contained in the said amendment
proposed by Mr, Sitgreaves, and in lieu thereof to insert the word
"vote."
On the question, Will the committee agree to strike out the word
" ballot" for the aforesaid purpose?
The yeas and nays being called by Mr. Wilson, were as follow, viz.
YEAS.
Mr. Wilson
Baker
Roberts
M'Kean
Mifflin
Gray
Robinson
Jenks
Barclay
Stout
Gibbons
T. Ross
Mr. Boyd
Hand
Coleman
Atlee
Hubley
Breckbill
Miller
Siegle
Reed
Tyson
Pedan
Dill
Mr. Irvine
Power
Hiester
Groscop
Gehr
Rhoads
Piper
Smith
Snyder
Findley
Addison
Höge
Mr. Redick
J. Ross
Gallatin
Matthews
Morris
Brown
Giwdon
Pickering
Henderson
Gibson
Sellers
Graham. 49
NAYS.
Idr. Lewis Mr. Whitehill Mr. Arndt Mr. M'Lene
Hare Lower Powell Coates
Edwards Lincoln Todd Shoemaker
Graff Sitgreaves Smilie Gloninger Í&
So it was carried in the affirmative, and the said second section
adopted as follows, viz.
Sect. 11. He shall hold his office during the term of three years; and
ahall be chosen on the second Tuesday of October in every third year,
by the citizens throughout the commonwealth, at the places where they
shall respectively vote for representatives: But if any two or more per¬
sons should be highest and equal in votes at any election for governor,
in such case the general assembly shall, by joint vote, elect one of them
to be governor for the ensuing three years.
The third section of the second article of the said proposed constitu¬
tion being under consideration, viz.
He shall not be capable of holding his office longer than nine years
successively; nor shall hebe capable of being elected again till three
years after the nine successive years shall have expired.
It was moved by Mr. M'Lene, seconded by'Mf. Redick, to strike
out the words " nine years successively," and in lieu thereof to insert
the following, viz. " six years in any term of nine years."
A motion was then made by Mr. Robinson, seconded by Mr, Gray-
don, to strike out the word " nine." and in lieu thereof to insert th»
word "twelve." Which was determined in the negative.
The question being taken on the motion made by Mr. M'Lene, se¬
conded by Mr. Redick, it was determined in the negative.
A motion was then made by Mr. Robinson, seconded by Mr. Smilie,
to amend the said third section of the second article of the proposed
constitution so as to read as follows, viz.
He shall not be capable of holding hU office longer than nine years
In any term of twelve years.
CONVENTION OF 1789-^0..
4he question, Will the committee agree to
The yeas a.-j n^ys being called by Mr. Wilson,
YEAS.
Mr. Mifflin
Robinson
Hare
Edwards
Jenks
Barclay
Stout
Gibbons
T. Ross
Boyd
Hand
Coleman
Breckbill
Mr. Wilson
Baker
Roberts
Lewis
Mr. Miller
Siegle
Reed
Tyson
Pedan
Dill
Whitehili
Irvine
Power
Hiester
Lower
Lincoln
Mr* o*-*,a£»,Qp
Gehr
Rhoads
Powell
Piper
Smith
Snyder
Findley
Todd
Addison
Höge
Redick
NAYS.
Mr. M'Kean
Gray
Graff
Atlee
Mr. Hubley
Sitgreaves
Arndt
Graydon
the same?
were as follow, vi®
Mr- -T. Ross
Smilie
Gallatin
M'Lene
Matthews
Morris
Coates
Shoemaker
Gloninger
Brown
Henderson
Gibson
40-
Mr. Pickering
Sellers
Graham
15-'
So it was carried in the affirmative.
The committee then rose, reported progress and asked leave to sit
SJITURDAY, January 16, 1790. Jl. M.
The fourth section of the second article of the proposed constitution,
reported by the committee of nine, being under consideration.
A motion was made by Mr. Hand, seconded by Mr. James Ross to
amend the same so as to read as follows, viz.
Sect. IV, He must be, at least, tiiirty years of age; and must have
been a citizen and inhabitant of this state seven years next before his
election. Provided, That no person absent on public business of this
state, or of the United States, shall thereby be disqualilicd.
On the question. Will the committee agree to the section as amend¬
ed? It was carried in the affirmative.
The fifth section of the said article being under consideration, a mo¬
tion was made by Mr. James Ross, seconded by Mr. Edwards, to
amend the said section so as to read as follows, viz.
Sect. V. No person shall be capable of exercising the office of gover¬
nor who at the same time, shall be a member of congress, or hold any
other office under this state, or any office under the United States.
On the (juestion, Will tiie committee .agree to the said section as
amended ?
It was carried in the affirmative.
The sixth section of the second article of the said proposed consti¬
tution being under the consideration of this committee, the same was
adopted as follows, viz.
Sect. VI The governor shall, at stated times, receive for his servi-
ces a compensation, which shall neither be increased nor diminished
during the period for which he shall have been elected.
344
JVIINÜTES OP THE
The seventh section of the said article being under considp"^'*"''^
same was unaniinousiy adopted as follows, viz.
Sect. VIL He shall be commander army anil navy
of this comnmnwealth an(l oftli^ ^'rrrtia, except when they shall be
called into the ovtunl arrviccrtsfthe United States.
The eighth section of the said article being then under considera¬
tion, viz.
He shall appoint the chancellor, judges, prothonotanes, clerks, and
all other ofBcers of this commonwealth, whose offices are established
by this constitution, or shall be established by law, and whose appoint¬
ments are not herein otherwise provided for ; but no person shall be
appointed to an office within any county, who shall not have resided
therein one year next before his appointment.
It was moved by Mr. Edwards, seconded by Mr. Brown, to strike
out the words "the chancellor, judges, prothonotarie.-, clerks, and,"
and the word "other" before the word "officers. '
V. hich was carried in the affirmative, and tiie section, as amended^
agreed to.
A motion was then made by Mr James Ross, seconded by Mr.
Höge, to add the following words to the said section, viz. JVo mem¬
ber of congress fr ora this state, nor any person holding or exercidng
my office of trust or profit under the United States, shall, at the same
time, hold and exercise any office whatever in the state.
Whereupon, On motion of Mr. Smilie, seconáf^d by Mr. Edwards,
Ordered, that the debates on the said eighth section be adjourned un¬
til Tuesday next.
The nintli section of the said article being under consideration, the
same was adopted as follows, viz.
Sect. IX. The governor shall commission all the officers of this com¬
monwealth.
A motion was made by Mr. Wilson, seconded by Mr. Thomas Ross,
to insert the following as the tenth section of the said proposed consti¬
tution, viz.
Sect. X. lie shall have power to remit fines, and grant reprieves
and pardons for crimes and otlences, except in cases of impeachment.
It was then moved by Mr. Sitgreaves, seconded by Mr. Boyd, to in¬
sert before the word "impeachment" the words "treason and."
Which was determined in tlie negative.
And the said section adopted.
The tenth section of the proposed constitution, as reported by the
committee of nine, being under consideration, the same was adopted
as the eleventh section of the second article, viz.
Sect. XI. He may require the opinion, m writing, of the officers in
each of the executive departments upon any subjec. ielating o the du¬
ties of their respective offices.
The eleventh section of tlie proposed constitution, reported by the
committee of nine, being under consideration, the same was adopted
as the twelfth section of the second article, viz.
Sect. XII. He shall, from time to time, give to the general as¬
sembly information of the state of the cominonwealtb, and recommend
to their consideration such measures as he shall judge necessary or
expedient.
The twelfth section of the second article of the proposed conslitU];
tion being under consideration,
CONVENTION OP 1789--90.
ît was moved by. Mr. Addison, seconded by Mr. Gallatin, to amend
the same so as to read as follows, viz.
He may, on extraordinary occasions, convene the general assem»
bly, and in case of disagreement between the two houses with res¬
pect to the time of adjournment, he may adjourn them to such time as
he shall think proper.
A motion was made by Mr. Sitgreaves,seconded by Mr. M'Lcne, to
add the following words to the said section, viz. "not exceeding nine¬
ty days."
A motion was then made by Mr. Lewis, seconded by Mr. Hender¬
son, to insert, in lieu of the words "ninety days," the words "four
months."
Which was carried in the affirmative.
And the said section adopted as the thirteenth section of the said sec*
ond article, as follows, viz.
Sect. XIII. He may, on extaordinary occasions, convene the gen¬
eral assembly, and in case of disagreement between the two houses with
respect to the time of adjournment, he may adjourn them to such
time as he shall think proper, not exceeding four months.
The thirteenth section of the second article of the said proposed con¬
stitution being under consideration, the same was adopted as the
fourteenth section, as follows, viz..
Sect. XIV. He shall take care that the laws be faithfully executed.'
The fourteenth section of the said article being under considera¬
tion, the same was, on motion of Mr. Pickering, seconded by Mr, Wit-
son, adopted as follows, viz.
Sect. XV. In case of the death or resignation of the governor, or
ofhis removal from office, it shall devolve on the speaker of the sen¬
ate until the next annual election of representatives, when another
governor shall be chosen in the manner hereinbefore mentioned.
The fifteenth section of the said article of the said proposed consti¬
tution being under consideration; viz.
The state treasurer shall be appointed in the manner prescribed by
the twenty-fourth section of the first article of this constitution : All
other officers in the treasury department, election officers, officers re¬
lating to the poor and highways, constables and other township officers
shall be appointed in such manner as shall be directed bylaw.
It was moved hySmilie, seconded by Mr. Lewis, to amend the first
sentence of the said section so as to read as follows, viz. "the state
treasurer shall be appointed by the joint vote of both houses."
Which was carried in the affirmative.
The following amendment was then moved by Mr. Ilubley, second¬
ed by Mr. Pickering, to add after tlie word "appointed" the word
•'annually."
W^hich Was carried in the affirmative.
A motion was made by Mr. Lewis, seconded by Mr. Findley, to ad¬
journ the debates on the second clause of the fifteenth section or the
second article.
Which was determined in the affirmative.
Jtwas then moved by Mr. Findley, seconded by Mr. Redick, to in¬
sert the following as the seventeenth section of the second article of
the said proposed constitution, viz.
A secretary shall be elected by the joint vote of both houses of the
general assembly and be commissioned by the governor, be shall coun-
44
846
MINUTES OF THE
tersign all commissions signed by the govomor, and all orders drawn
by him on the treasury of the state for monies appropriated, as well as
tavern and marriage licenses; he shall keep fair records of the pro¬
ceedings of the supreme executive department, to be laid before ei¬
ther house of assembly when called for, and shall attend the governor
or eithea ^ ouse when required.
Ordered, that the consideration of the said motion be adjourned.
The first section of the third article of the said proposed constitution
being under consideration, viz.
In elections by the citizens, every freeman of the age of twenty-one
years having resided in the state two years next before the days of the
elections respectively, and paid taxes within that time, shall enjoy the
rights of an elector. The sons of freeholders of the i^e aforesaid, shall
be entitled to vote though they have not paid taxes.
A motion was then made by Mr. Wilson, seconded by Mr. Tyson, to
strike out the word "two," and in lieu thereof to insert the word "one."
On the question, Will the committee agree to the same?
The yeas and nays being called by Mr. Wilson, were as follow,
viz.
YEAS.
Mr. Wilson
Mr. Tyson
Mr. Todd
Mr. Shoemaker
Baker
Pedan
Höge
Gloninger
Lewis
Power
Redick
Pickering
Gibbons
Powell
14
NAYS.
Mr. Roberts
Mr. Hand
Mr. H i ester
Mr. Addison
M'Kean
Coleman
Lower
J. Ross
Mifflin
Graff
Lincoln
Smilie
Gray
Atlee
Groscop
Gallatin
Robinson
Hubley
Gehr
M 'Lene
Hare
Breckbill
Sitgreaves
Matthews
Edwards
Miller
Arndt
Coates
Jenks
Siegle
Rhoads
Brown
Barclay
Reed
Piper
Henderson
Stout
Dill
Smith
Gibson
T. Ross
Whitehill
Snyder
Sellers
Boyd
Irvine
Findley
Graham 48
So it was determined in the negative.
It was moved by Mr. Sitgreaves, seconded by Mr. M'Lene, to in¬
sert after the word "paid" the words "public, state or county."
A motion was made by Mr. Pickering, seconded by Mr. T^ewis, to pos-t
pone the said amendment in order to introduce the following, viz. to
insert after the words "respectively, and paid," the words "a state or
county tax within that time,.which tax shall have been assessed upon
him at least six months before the election," and to strike out the word
"taxes'* after the words "and paid."
Which was carried in the affirmative.
A motion was made by Mr. Redick, seconded by Mr. Power, to in¬
sert before the words "the suns" the words "freeholders qualified as
aforesaid."
A motion was then made by Mr. Gallatin, seconded by Mr. Hose,
to strike out the words "the sons of freeholders of the age aforesaid,"
CONVENTION OF 1789-90.
847
and in lieu thereof to insert the fullowing, viz. "all those who are na¬
tives, or have resided ten years in the state, and have attained the age
of twenty-one years.
The committee then rose in order to report further progress and ask
leave to sit again.
MOJVD^F, January 18, 1790. F. M.
The first section of the third article of the proposed constitution,
together with the several amendments made thereto, being under con¬
sideration.
It was moved by Mr. Sitgreaves, seconded by Mr. Arndt, to amend
the said section, by adding, after the word "electors," the words "pro¬
vided that natural born citizens of this commonwealth, shall be en¬
titled to vote although they shall not have resided within the state two
years next before the election."
A motion was made by Mr. Findley, seconded by Mr Redick, to
adjourn the debates on the amendments proposed, as well as the re¬
mainder of the said section.
Which was carried in the affirmative.
The second section of the third article of the said proposed constitu¬
tion, being under consideration, the same was adopted as follows, viz.
Sect. II. All elections shall be by ballot, except those by persons in
their representative or public capacities, which shall be viva voce.
The third section of the third article of the proposed constitution, be¬
ing under coasi<leration, viz.
If elections are not properly attended ; attendance on them shall be
enforced by law. ^
It was then moved by Mr. Lewis, seconded by Mr. Pickering, to
amend the same so as to read as follows, viz.
Attendance upon elections sliall be enforced by law.
A motion was then made by Mr. Sitgreaves, seconded by Mr. Lin¬
coln, to strike out the word "shall," and in lieu thereof insert the
word "may."
The committee then rose in order to report, that they had made
further progress in the business referred to them, and ask leave to sit
again.
TUE S DâY, January 19, 1790. J. M.
Agreeably to the order of the day, the committee resumed the con¬
sideration of the amendment, moved by Mr. James Ross, seconded by
Mr. Höge, on the sixteenth day of January, instant, to the eighth
section of the second article of the constitution, reported by the com¬
mittee of nine, viz.
No member of congress from this state nor any person holding or
exercising any office of trust or profit under the United States, shall,
at the same time, hold and exercise any office whatever in this
state.
It was moved by Mr. James Ross, seconded by Mr. Höge, to insert
afterthe word "whatever," the words "otherwise than in the militia."
On the question. Will the committee agree to the same P
The yeas and nays being called by Mr. Wilson, were as follow«
viz.
348
minutés of the
YEAS.
Mr. Mifflin
Robinson
Hare
Edwards
Barclay
Stout
Gibbons
Bull
T. Ross
Boyd
iland
Coleman
Mr. Wilson
Baker
Roberts
Lewis
M'Kean
Mr. Atlee
Breckbill
Miller
Reed
Tyson
Pedan
Dill
Whitchill
Power
Diester
Lincoln
Groscop
Mr. Gehr
Rhoads
Powell
Piper
Smith
Snyder
Findley
Todd
Addison
Hoçe
Redick
NAYS.
Mr. Gray
Ogden
Jenks
Graff
Hubley
Mr. Siegle
Sitgreaves
Arndt
Potts
Shoemaker
Mr. j. Ross
Smilie
Gallatin
M'Lene
Mathews
MoiTjs
Coates
Gloninger
Brown
Gibson
Beale
46
Mr. Graydon.
Pickering
Henderson
Sellers
19
So it was carried in the aflirmative.
And the eighth section of the second article of the proposed consti¬
tution adopted as follows, viz.
Sect. VIÎI. He shall appoint all officers of this commonwealth,
whose offices are established by this constitution or shall be establish¬
ed by law, and whose appointments are not herein otherwise provi¬
ded for; but no person sha'l be appointed to an office within any coun¬
ty who shall not have resided therein one year next before his ap¬
pointment. No member of congress from this state, nor any person
holding or exercising any office of trust or profit under the United
States, shall, at the same time, hold and exercise[any office whatever,
otherwise than in the militia, in this state.
The motion made by Mr. Findley, seconded by Mr. Redick, the
sixteenth day of January, instant, relative to the appointment of a
secretary, recurring.
It was, on motion of Mr. Wilson, seconded by Mr. Addison, Or¬
dered, that the debates on the said motion be adjourned.
A motion was made by Mr. Pickering, seconded by Mr. Lewis, in
the following words, viz.
Any candidate applying for an office in the appointment of the gov¬
ernor, or the legislature, shall make his application only invviiting;
every application otherwise made, either by the candidate himself, or
any oiher person for him at his request, shall be deemed a disqualifi¬
cation of such candidate for the office requested.
it was unanimously agreed that the debates on the said motion be
adjourned'
A motion was made by Mr. Sitgreaves, seconded by Mr. Arndt, in
the iollowing words, viz.
Thejudges and inspectors or other officers, who are or shall be au¬
thorised by law to iiold elections and receive votes at the ditterent
places of election throughout the commonwealth, shall, at every elec¬
tion far governor, carefully seal up the tickets, ta lly lists and lists ofvo-
tersas heretofore, and deposit the same with the clerk of the peace of the
CONVENTION OF 1789--90.
349
proper county, and the judges and inspectors or other officers afore¬
said shall, in such manner as is, or shall be established by law, meet
together in their respective counties, and certify under their hands
and seals, the persons who shall be voted for in the said county for
governor, and the number of votes for each person, in words at length
and not in figures only, which certificates shall, as soon as may be,
be transmitted, sealed, to the seat of government of the state, directed
to the speaker of the senate. The speaker of the senate shall, in the
presence of the senate and house of representatives open all the certifi¬
cates. The votes shall then be counted ; the person having the great¬
est number of votes shall be declared governor.
It was then, on motion. Ordered, that the debates on the said mo¬
tion be adjourned.
The third section of the third article of the proposed constitution
recurring, together with the amendments, viz. the motion made by
Mr. Lewis and Mr. Pickering, yesterday, that the said section read as
follows: "Attendance on elections shall be enforced bylaw," and
the motion made by Mr. Sitgreaves, seconded by Mr. Lincoln, to
strike out the word " shall" and in lieu thereof to insert the word
"may."
On 'the question, "Will the committee agree to strike out the
word "shall" and insert the word "may r"
It was carried in the affirmative.
And on the question. Will the committee agree to the said third
section, as amended ?
The yeas and nays being called by Mr. Thomas Ross,, were as fol¬
low, viz.
YEAS.
Mr. Wilson Mr. Hubley Mr. Arndt
Baker Reed Powell
Lewis Dill Piper
Robinson Whitehill Findley
Hare Power Addison
Hand Lincoln
Höge
NAYS.
Mr. Roberts
M'Kean
Mifflin
Gray
Edwards
Ogden
Jenks
Barclay
Stout
Gibbons
Bull
Mr. T. Ross
Boyd
Coleman
Graff
Atlee
Breckbill
Miller
Siegle
Tysdn ■
Pedan
Mr. Hiester
Groscop
Gehr
Sitgreaves
Rhoads
Smith
Snyder
Todd
J. Ross
Gallatin
Mr. Redick
Smilie
Matthews
Shoemaker
Graydon
Pickering 24)
Mr. M'Lene
Morris
Potts
Coates
Gloninger
Brown
Henderson
Gibson
Beale
Sellers
41
So it was determined in the negative.
The committee then rose in order to report, that they had made
further progress in the business referred to them, and ask leave to sit
again.
850
MINUTES OP THE
WED^S'ESDAY, January 20, 1790» Jl. M.
A motion was made by Mr. Addison, seconded by Mr. Smitie, to
introduce the following as the third section of the third article of the
proposed constitutioni viz.
Sect. Ill Electors shall be priviledged from arrest in all cases ex¬
cept treason, felony and breach of the peace during their attendance
01) elections and in going to and returning from the same.
On the question. Will the committee agree to the same?
It was carried in the affirmative.
The first section of the fourth article of the proposed constitution
being under consideration, the same was adopted as follows, viz.
Sect. I. The house of representatives shall have the sole power of
impeachment.
The second section of the said articfle being under consideration, viz.
All impeachments shall be tried before the senate, and the chancel¬
lor of the commonwealth shall preside therein; when sitting for that
purpose the senate shall be on oath or affirmation: No person shall be
convicted without the concurrence of two-thirds of the members pres¬
ent.
It was moved by Mr. M'Lene, seconded by Mr. Sitgreaves, to strike
out the words "and the chancellor of the commonwealth shall preside
therein," and in lieu thereof to insert."who shall take to their assis¬
tance, for advice only, the judges of the supreme court."
Whereupon, On motion. Ordered, that the word "senate" before the
word "shall" be struck out, and the word "senators" be inserted in lieu
thereof, and thatthe fürther debates on the said section be abjourned.
The third section of the said fourth article being under considera¬
tion, the same was adopted as follows, viz.
Sect. III. Judgment in cases of impeachment shall not extend
further than to removal from office, and disqualification to hold any
office of honor, trust or profit under this commonwealth ; but the par¬
ty convicted shall nevertheless be liable to indictment, trial, judg¬
ment and punishment according to law.
The first section of the fifth article of the constitution, reported by
the committee of nine, being under consideration.
It was moved by Mr. Thomas Ross, seconded by Mr. Boyd, to
amend the same so as to read as follows, viz.
The judicial power of this commonwealth shall be vested in a su¬
preme court, in a court of oyer and terminer and general jail delivery
hereinafter mentioned;in a court of common pleas, orphans' court, reg-
isters's court and court of quarter sessions for each county; and in such
other courts as the legislature may, from time to time, establish: But
no special commission of oyer and terminer or jail delivery shall be is-
succj^
A motion was then made by Sitgreaves, seconded by Mr. Barclay,
to postpone the consideration of the whole of the said fifth article, in
order to introduce the following as a substitute, viz.
ARTICLE V.
Sect. I. The judicial power of this commonwealth shall be vested
in a supreme court, the jurisdiction of which shall extend over the
whole state, in a court of common pleas, orphans' court, register's
CONVENTION OF l789--fl0.
351
court and court of quarter sessions for each county, in justices of
the peace, and in such other courts as may be established by the leg¬
islature hereafter.
Sect. II. The judges of the supreme court, and the presidents of
of the several courts of common pleas shall be commissioned and hold
their offices during good behaviour: But the governor may remove
any of them ou the address of two-thirds of each branch of the legis¬
lature.
Sect. III. The judges of the supreme court shall at stated times
receive, for their services, a compensation honorable and adequate,
which shall not be diminished during their continuance in office.
Sect. IV. The judges of the supreme court shall, by virtue of their
offices, be justices of oyer and terminer and general jail delivery for
the whole state : But no special commission of oyer and terminer
and general jail delivery shall, at any time, be issued.
Sect. V. The state shall, by law, be divided into circuits, any of
which shall include not more than nor fewer than
counties, A president shall be appointed for the courts of common
pleas and quarter sessions in each circuit, and shall receive an ade¬
quate compensation for his services, to be raised by a tax on process,
or in such other manner as the legislature may provide.
Sect. VI. The judges of the courts of common pleas shall have the
like powers with the judges of the supreme court to issue writs of cer¬
tiorari to the justices of the peace within the several counties respec¬
tively, and to cause their proceedings to be • brought before them and
the like right and justice to be done.
Sect. Vir. The supreme court and the several courts of common-
pleas, beside the powers usually exercised by such courts, shall have
the powers of a court of chancery, so far as relates to the perpetua¬
ting testimony, obtaining evidence from places not within this state,
the care of the persons and estates ol those who are non compotes men¬
tis, compelling the execution of trusts and the specific perform¬
ance of agreements, issuing injunctions for the prevention of waste,
obliging parties to interplead in proper cases and to make answer up¬
on oath or affirmation respecting matters merely within their own
knowledge, and in such other cases as the future legislature may di¬
rect. Provided that, if at any future period a court of chancery should
be, by law, established within this commonwealth, from thenceforih
the extraordinary powers hereby given to the supr . me court and courts
of common pleas shall cease and determine, except as to the obtain¬
ing evidence from places not witiiin this state.
Sect. VIII. A competent number of justices of the peace shall be
appointed in each county for the conservation of the peace, and to
facilitate the administration of justice in controversies of small val¬
ue ; which justices shall be commissioned for years, they be¬
having themselves well. The president of the courts ol common pleas
and quarter sessions in each circuit, shall be a justice of the peace
within that circuit.
Sect. IX. A register's office for the probate of wills and granting
letters of administration, and an office fur recording of deeds, shall
be kept in each county.
Sect. X. i'he judges of the supreme court shall appoint commission¬
ers of bail in every county of the state, except those in which they
shall respectively reside.
35â
MINUTES OF THÊ
Sect, XI. 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.
Sect. Xil, 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 shall con¬
clude against the peace and dignity of the same.
On the question. Will the committee agree to the postponement for
the aforesaid purpose ?
It was determined in the negative.
The first section of the fifth article, with the amendment proposed
by Mr. Thomas Ross, recurring.
After some debate thereon, the committee rose in order to report,
further progress in the business referred to them, and request leave
to sit again.
THURSDAP, January 21, 1790. .i.M.
The first section of the fifth article of the constitution, reported by the
committee of nine, together with the amendment proposed yesterday
by Mr. Thomas Ross and Mr. Boyd, recurring.
A motion was made by Mr. Smilie, seconded by Mr. Matthews, to
amend the said first section so as to read as follows, viz.
The judicial powers of this commonwealth shall be vested in a su¬
preme court, and in such other courts as the legislature may, from
time to time, ordain and establish.
And after considerable debate, the committee rose in order to re¬
port, that they had made further progress in the business referred to
them, and request leave to sit again,
PRIDJÏY, January 9.2, 1790, .â. M
The first section of the fifth article of the constitution reported by
the committee of nine, together with the amendments proposed by Mr.
J. Ross and Mr. Smilie, on the twentieth and twenty-first of Janu¬
ary instant, recurring. ^
A motion was made by Mr. Ogden, seconded by Mr. Lewis, to
postpone the said amendments in order to amend the said fifth sec¬
tion so as to read as follows, viz. ,
The judicial power of this commonwealth shall be vested in a higli
court of chancery (provided that the said court shall not take cogni¬
zance of any cause, matter or thing for which there shall be a specific,
adequate and complete remedy in the courts of common law, and at
all times subject to such laws as may hereafter be enacted by the leg¬
islature of this commonv/ealth, respecting the jurisdiction of said
court ) and a supreme court, the jurisdiction of each of which shall
extend over the state; in the courts of chancery and of oyer and termi¬
ner and general jail delivery hereinafter mentioned ; in a court of
common pleas, orphans' court, register's court, and court of quarter
sessions for each county, and in such other courts as the legislature
may from time to time, establish. But no special commission of oy¬
er and terminer or jail delivery shall be issued.
CONVENTION OF 1789-90.
333
On the question. Will the committee agree to the postponement for
the aforesaid pui puMî ?
It was determiiid in the negative.
M hereopon, the motion of Mr. Thomas Ross, made on the twen?
tieth of January, instant, being under consideration.
On the question. Will the committee agree to tlie same.
^ The yeas and nays being called by Mr. Edwards, were as followj
viz.
YEAS.
Mr. Roberts
Mifflin
Edwards
Bull
T. Ross
Boyd
Hand
Coleman
Breckbill
Aliller
Reed
Mr. Wilson
Baker
Lewis
M'Kean
Gray
Robinson
Mr. Tyson
Pedan
Dill
Whitehill
Power
Diester
Lincoln
Groscop
Geh r
Sitgreaves
Arndt
Mr Rhoads
Powell
Piper
Snyder
Fjñdley
Todd
Addison
Redick
Smilie
Gallatin
Graff
Atlee
Plubley
Smith
Höge
Mr. M'Lene
Matthews
Morris
Coates
Shoemaker
Gloninger
Brown
Pickering ,
Gibson
Beale
42
Mr. J. Ross
Potts
Graydon
Henderson
Sellers'
21
NAYS,.
Mr. Hare Mr
Ogden
Jenks
Barclay
Stout
So it was carried in tlie affirmative.
The committee then rose in order to report, that they had made
further progress in the business referred to them, and request leave
to sit again.
SATURDAY, January 23, 1790. A. M.
»
The first section of the fifth article of the proposed constitution, as
amended, recurring viz.
The 'judicial power of this commonwealth shall be vested in a su¬
preme court, the jurisdiction of which shall extend over the state; in
courts ot oyer and terminer and general jail delivery hereinafter
mentioned; in a cou(t of common pleas, orphans'court, register's
court and court of quarter sessions for each county, and in such
other courts as the legislature may, from time to time, establish. But
no special commission of oyer and terminer or jail delivery shall be
issued.*
It was then moved by Mr. Sitgreaves, seconded by Mr. Shoemaker,
to postpone the first, second, tliird and fourth sections of the said
article.
Which was carried in the affirmative.
A motion was then made by Mr. Smilie, seconded by Mr. M'Ler.c,
to postpone the consideration of the whole of the said fifth atticle, in
order to introduce the following as a substitute, viz.
48
MINUTES OP TUB.
Tlip juflicial power of fhi'î ccmmonwçaith shall he vested in a su¬
preme Lourt, Vthich shall have jurisdiction throuirhout the state, in
the rou: ts of oyer and teiminer and general jail t'eliverv, andina
cniîi t of coinnîon pleás, an orphans' court, ceo t ol sessions of thtj
peace, and register's court in each county ; and the justices of the
peace of the several counties.sliall have right to decide concerning
small (le')fs and demands. ,
The judges of the supreme court, four at least in number, as the
legislature shall direct, shall be appointed and commissioned by the
governor for and during their good behaviour respectively ; and shall
receive a compensation which shall neither.be increased nor dimin¬
ished during their continuance in office; provided that the governor
may remove any of them on the address of two-thirds of each branch
of the legis'aiiire.
There shall be judges not exceeding five in each county, appoipted
and commissioned by the governor, who shall hold the court of com¬
mon pleas, who shall also compose the orphans' court and the court of
register of wills of the county.
The supreme court and the several courts of common pleas shall,
beside the powers heretofore usually exercised by the said courts, have
the power of a court of chancery, so far as relates to the perpetuating
of testimony, obtaining evidence from places not within the state,
and tlie care of the persons and estates of those who be non compotes
mentis, and such other powers as may be found necessary by future
general assemblies, not inconsistent with the constitution.
Courts of quarter sessions of the peace shall be holden by the justi¬
ces of the peace of each county respectively.
The legislature shall have power to establish all such other courts
as shall be found necessary.
On the question. Will the committee agree to the postponement for
the aforesaid purpose P
The yeas and nays being called by Mr, Smilie, were as follow,-
vi'z.
YEAS.
Mr. Smilie Mr. M'Lene Mr. Gloninger Mr. Brown
NAYS.
Mr. Wilson
Baker
Roberts
Lewis
M'Kean
Mifflin
Gray
Robinson
M ai e
Edwards
Ogden
Jenks
Barclay
.Stout
Gibbons
Mr. Bull
T. Ross
Boyd
Hand
Coleman
Grafl"
Atlee
Hubley
Ereckbill
Miller
Siegle
Reed
Tyson
Pedan
Dill
Mr. Whitehill
Power
Lincoln
Groscop
Gehr
Sitgreaves
Arndt
Rhoads
Powell
Piper
Smith
Snyder
Findley
Todd
Addison
Mr. Höge
Redick
J. Ross
Gallatin
Matthews
Potts
Coates
Shoemaker
G raydon
Pickering
Henderson
Gibson
Beale
Sellers
5J>
So it was determined in the negative.
OqiXYENTlON OP l7ß0«9O.
359
Tlie fiftli section of the fifth article of the constitution reported by
the committee of nine, being under consideration,
A motion was made by Mr. Wilson, seconded by Mr. Miller, to
fill the first blank with the word " six," and the second blank with
the word " tiiree."
Which was carried in the affirmative.
It was then moved by Mr. Sitgreaves, seconded by Mr. Smilie, to
postpone the said section in order to introduce the following in lieu
thereof, vi^.
The several courts of common pleas, for the present, shall líe estab¬
lished in the following manner : The governor shall appoint and com¬
mission a number of judges in each county, not less than nor ex¬
ceeding who, during their continuance in office, shall reside with¬
in such county. The state shall, by law, be divided into circuits, any
ol which shall not include more than six, nor fewer than three coun¬
ties : A president shall be appointed for the several courts in each
circuit, who, during his continuance in office, shall reside within such
circuii. Such president and judges, or any three of them, shall be the
judges who shall compose the respective courts of common pleas.
On the question. Will the committee agree to the postponement for
the aforesaid purpose? The yeas and nays being called by Mr, Og-
den, were as follow, vii.
YEAS.
Mr. Edwards Mr. Coleman Mr. Groscop Mr. Todd
Ogden Hubley Gehr Smilie
Jenks Breckbill Sitgreaves M'Lene
Barclay Siegle Arndt Matthews
Stout Reed Rhoads Coates
Gibbons Pedan Powell Shoemaker
Bull Dill Piper Gloninger
T. Ross Whitehill Snyder Brown
Boyd Power Findley Beale
Hand Lincoln SS
NAYS.
Mr. Wilson Mr. Gray Mr. Smith Mr. Potts
Baker Robinson Addison G ray don
Roberts Hare Höge Pickering
Lewis Graff Redick Henderson
M'Kean Atlee J. Ross Gibson
Mifflin Miller Gallatin Sellers 24
So it was carried in the affirmative.
And the said section, as amended being under consideration, it was
moved by Vir. Sitgreaves, seconded by Mr. M'Lene, to fill the blanks
with the words " three" and "five."
A motion was then made by Mr. Lewis, seconded by Mr. Addison,
to strike out the words "a number of judges in eacli county, not less
than nor exceeding " and in lieu thereof, to insert
" four judges in each county."
Whicn was determined in the negative.
"Whereupon, On the question. Will the ' committee agree to the
amendment proposed by Mr. Sitgreaves and Mr. M'Lene, viz. "to fiU.
the blank« with the words ' three' and 'five' ?"
356
MINÜfES OF THE
It was carried in the affirmative to fill the first blank with the word
*'three."
A motion was then made by Mr. Gallatin, seconded by Mr. Ed¬
wards, to'fill the second blank with the word "four."
Which was carried in the affirmative.
It was moved by Mr. Fidwards, seconded by Mr. Lewis, to strike
ont, after the words " or any," the word " three," and in lien thereof,
to insert the word "two."
Which was carried in the affirmative.
A motion was then made by Mr. Addison, seconded by Mr.
M'Lene, to add the following words to the said section, viz.
And any one of them may, in the absence of the others, open and
adjourn the court from day to day.
Which was determined in the negative.
And thereupon, the said filth section of the fifth article adopted as
follows, viz.
Section V. The several courts of common pleas, for the present,
shall be established in the following manner: The governor shall ap¬
point a number of judges in each county, not less than three nor ex¬
ceeding four, who, during their continuance in office, shall reside with¬
in such county. The state shall, by law, be divided into circuits, any
of which shall not include more than six, nor fewer than three coun¬
ties. A president shall be appointed for the several courts in each
circuit, who, during his continuance in office, shall reside within such
circuit. Such president, or any two of them, shall be the judges who
shall compose the respective courts of common pleas.
The commitiee then rose in order to report That they had made
further progress in the business referred to them, and request leave to
sit again.
MONDÄY, January 25, 1790. P. M.
The first section of the fifth article of the constitution reported by
the committee of nine, with the amendments, recurring,
A motion was made by Mr. Sitgreaves, seconded by Mr. Hare, to
postpone the further consideration thereof, in order to take up the
sixth section of the said article, viz.
The judges of the courts of common pleas respectively, during their
continuance in office shall, the president being one of them, be justi¬
ces of oyer and terminer and general jail delivery, for the trial of cap¬
ital and other otfenders, for each ol the counties within the said cir¬
cuits respectively; Itut^they shall not hold a court of oyer and termi¬
ner and general jail delivery, in any county, when the judges of the
supreme court, or some of them, shall be sitting in the same county.
W hich was carried in the affirmative.
And the said sixth section being under consideration, it was moved
l>y Mr. Kindley, seconded by Mr. Edwards, to postpone the consider-
ution of tlie said sixth section.
Which was determined in the negative.
A motion was made by Mr. Smith, seconded by Mr. Wilson, to
strike out, after the words "common pleas," the word " respectively,"
;ind insert, in lieu thereof, " in each county;" and to strike out the
words " fir each of the counties within the said circuits respectively."
Which was curried in the affirmative.
CONVENTION OF 4789-90.
357
A motion was then matle by Mr. Smith, seconded by Mr. Bull, to
strike out the words "during; their continuance in ofläce."
Which \va-< carried in the ^rm^tive.
A inetivin was made by Mr. Sitgreaves, seconded by Mr. Potts, to
add the foil iwing after the words " each county," " or any two of
them, the presid 'ot being one "
M hieb was determined in the affirmative.
It was moved bv Mr. Findley, seconded by Mr.Piper, to amend the
said Sectio-1 so as to read as follows, viz.
Section V i. The judges of the courts of common pleas in each
cou'iiy, or any two of them, the president being one, shall be justices
of oyer and terminer and general jail delivery, for the trial of capital
and other offenders ; but they shall not hold a court of oyer and ter¬
miner and general jail delivery in any county, when the judges of the
supreme court, or some of them, shall be sitting in the same county.
But the parties accused, as well as the commonwealth, may remove
the indictment and proceedings into the supreme court at any time
before trial.
On the question. Will the committee agree to the same ? The yeas
and nays being called by Mr. Findley, were as follow, viz.
YEAS.
Mr. Baker
Roberts
M'Kean
IVdfflin
Gray
Barclay
Stout
Gibbons
Bull
T. Ross
Boyd
Mr. Hand
Coleman
Graff
Hubley
Breckbill
Miller
Reed
Pedan
Dill
Power
Mr. Lincoln
Groscop
Gehr
Arndt
Rhoads
Powell
Piper
Smith
Snyder
Findley
Mr. Todd
Addison
Hbge
Gloninger
Brown
Graydon
Pickering
Henderson
Gibson
Sellers
41
NAYS.
Mr. Morris
Potts
Coates
Mr. Wilson Mr. Atlee Mr. Smilie
Robinson Siegle Gallatin
Hare Whitehill M'Lene
Edwards Sitgreaves Matthews 15
So it was carried in the affirmative, and the section, as amended,
adopted.
The seventh section of the fifth article of the proposed constitution
being under consideration.
It was moved by Mr. Addison, seconded by Mr. Sitgreaves, to
amend the same so as to read as follows, viz.
The judges of the courts of common pleas, or any two of them, shall
compose the courts of quarter sessions, orphans' courts and register's
courts for their respective counties.
The committee then rose in order to report. That they had made
further progress in the business referred to them, and request leave
to sit again.
358
MIXUTES OF THE
TUESDAFf January 26, 1790. JL M¡
The seventh section of the fifth article of the proposed constitutioi^
together with the amendment proposed yesterday by Mr. Addison,
seconded by Mr. Sitgreaves, rectirring,
A motion was made by Mr. M'Lene, seconded by Mr. Edwards, to
strikeout the words "quarter sessions'' from the said amendment.
It was then moved by Mr. Ogden, seconded by Mr. Stout, to post¬
pone the said section, with the several amendments, in order to take
into consideration the eleventli section of the said fifth article.
Which was determined in the negative.
Whereupon, the motion made by .Mr. M'Lene, seconded by Mr.
Edwards, to strike out the words " quarter sessions," recurring.
On the question. Will the committee agree to the same? The
yeas and nays being called by Mr. Wilson, were as follow, viz.
' YEAS.
Mr. Lincoln Mr. Findley
Groscop Smilie
Gehr M'Lene
Piper Matthews
Snyder Coates
NAYS.
Mr. Edwards
Pedan
Dill
Whitehill
Power
Mr. Wilson
Baker
Lewis
Mifflin
Robinson
Hare
Ogden
Jenks
Stout
Bull
Mr. Boyd
Hand
Coleman
Graff
Hubley
Breckbill
Miller
Siegle
Reed
Mr. Sitgreaves
Arndt
Rhoads
Powell
Smith
Todd
Addison
Höge
Redick
Mr. Shoemaker
Gloninger
Barclay
Beale
19
Mr. J* Ross
Gallatin
Morris
Potts
Brown
Gmydon
Pickering
Henderson
Gibson
sr
So it was determined in the negative.
Mr. Addison and Mr. Sitgreaves withdrew their motion made yes¬
terday. Whereupon,
The seventh section recurring, a motion was made by Mr. Smith
seconded by Mr. Henderson, to postpone the consideration thereof in
order to introduce the following as a substitute, viz.
The judges of the court of common pleas shall compose the courts
of quarter sessions and orphans' court in their respective counties, any
two of whom shall be a quorum; and the register esf .wills, together
witii the said judges, or any two of them, shall compose the register's
court in the respective counties.
On the question, Will the committee agree to the postponemeat?
It was carried in the affirmative. . - -
A motion was then made by Mr. Ogden. seconded by Mr. Morris,
to add the following words te the substitute proposed by Mr. Smith,
seconded by Mr.. Hi nderson, viz.
The justices of the peace shall sit in conjunction with the judges of
the common pleas and form the court of quarter sessions..
On the question. Will the committee .agree to the same ? Tt>e
yeas and nays being called by Mr. Ogden, were as |bllow, viz.
«ontçntion 1789-90.
359
YEAS.
Mr. Edwards Mr. Pedan Mr. firoscop Mr. M'Lcne
Ogilen Dill Gehr Morris
Jeiiks Whitehill Piper Shoemaker
Barclay Lincoln Sinilie Giouinger
Stout ir
NAYS.
Mr. Wilson Mr. Graff Mr. Uhoads Mr. Gallatin
Baker Hubley Powell Matthews
Lewis Breckbill Smith Potts
Mifflin Miller Snyder Coates
Bobinson Siegle Findley Brown
Hare Reed Todd Graydon
Bull Tyson Addison Pickering
Boyd Power Höge Henderson
Hand Sitgreaves Redick Gibson
Coleman Arndt J. Ross Beale 40
So it was determined in the negative.
And the substitute proposed by Mr. Smith, seconded by Mr. Hen-
derson, adopted as the seventh section of the fifth article of the said
proposed constitution.
The eighth section of the said fifth article being then under consid¬
eration, the same was unanimously adopted as follows, viz.
Section VIII. The judges of the courts of common pleas shall havèv
the like powers with the judges of the supreme court toissue writs of
certiorari to tlie justices of the peace within the several counties res¬
pectively, and to cause their proceedings to be brought before them,
and the like right and justice to be done.
The ninth section of the said fifth article being under consideration,
a motion was made by Mr. Sitgreaves, seconded by Mr. Wilson, to
amend the same so as to read as follows, viz
Section IX. The president of the court of each circuit shall be con¬
servator of the peace within such circuit; and the judges of the com¬
mon pleas shall be conservators of the peace within their respective
counties.
On the question, Will the comnaittee agree to the same?
It was carried in the afflriuative, and the said ninth section, as
amended, adopted.
The committee rose in order to report. That they had made further
progress in the business referred to them, and request leave to sit
again.
WEDJ^ESD/IY, January 27,1790. Jl. M.
The tenth section of the fifth article of the constitution reported by
the committee of nine being under consideration—
On the question. Will the committee agree to the same ?
It was determined in the negative.
The eleventh section of the fifth article of the said proposed consti¬
tution ciMning under consideration—
It was moved by Mr. Reilick, seconded by Mr. Höge, to postpone
the consideration of the said section, in order to iuiroduce tlie follow¬
ing in lieu thereof, vl^
360
MINUTES OP THE
The governor shall appoint anfli commissi on a competent number of
juslices of the peace in convenient districts, to be fixed in sucfe man¬
ner as shall be, by law, directed. They shall be commissioned for
'years, and may be removed for misconduct upon%e ad¬
dress of the legisla'tUre.
After áome debate a division of the question was called for.
And on the question. Will the committee agree to the first part
thereof? The yeas and nays being called by Mr. Sitgreaves, were as
follow, viz.
Mr. Wilson
Roberts
Mifflin
Gray
Edwards
Ogden
Jenks
Barclay
Stout
Gibbons
YEAS.
Mr. Bull
T. Ross
Hand
Coleman
Graff
Hubley
Breckbill
Miller
Slegje
Mr. Tyson
Dill
Siigreaves
Arndt
Rhoads
Powell <
South
>'8njder
Addison
Mr. Höge
Red ick
J. Ross
Pi'ttS
Gray don
Pickering
Henderson
Gibson
Sellers .
37
NAYS.
Mr. Power
Lincoln
Groscop
Gehr
Piper
Mr. Findley
Todd
Smilie
Gallatin
M'Lene
Mr. Matthews
Coates
Shoemaker
Gloninger
Brown
21
Mr. Baker
Robinson
Boyd
Reed
Pedan
Whitehill
So it was carried in the affirmative. ,
The second part of the said section being under consideration, viz.
They shall be commissioned for years, and may be removed
for misconduct, upon the address of the legislature.
It was moved by Mr. Findley, seconded by Mr. Todd, to strike oat
the words "for years," and to insert, in lieu thereof,"during
good behaviour."
A motion was then made by Mr. Edwards, seconded by Mr. Galla¬
tin, to add, after the word "legislature," the following, viz. "but
shall not take or receive fees or perquisites of any kind."
Which was determined in the negative.
The amendment moved by Mr. Findley, seconded by Mr. Todd, re¬
curring, viz. to strike out the words " for years," and in lieu
thereof to insert " during good behaviour."
On the question. Will the committee agree to the same? The yeas
and nays being called by Mr. Wilson, were as follow, viz.
YEAS.
Mr. Wilson Mr. Jenks Mr. Coleman Mr. Tyson
Baker Barclay Graff Pedan
Roberts Stout Huffley Dill
Lewis Bull Brecknill Whitehill
Gray T. Ross Miller Power
Robinson Bçyd Siegle Lincoln
Ogdes Hand Reed Groscop
CONTENTION OF 1780-90
36L
Mr. Gehr Mr. Todd
YEAS.
Mr. M'Lene
Mr. Brown
Rhoads Höge
Powell J. Ross
Smith Smilie
Findley Gallatin
Arndt Addison
Matthews
Morris
Potts
Coates
Shoemaker
Graydon
Pickering
Henderson
Gi'json
Sellers 52
NAYS;
Mr. Edwards
Gibbons
Mr. Sitgreaves Mr. Snyder Mr. Gloninger
Piper Redick
Redick
So it was carried in the affirmative.
A motion was made by Mr. Miller, seconded by Mr, Pickering, to
strike out the word " misconduct."
It was then moved by Mr. Sitgreaves, seconded by Mr. James Ross,
to add after the word " législature," the words " or upon the convic¬
tion of any crime."
A motion was made by Mr. Findley, seconded by Mr. Smilie, to
strike out the word "may," and in lieu thereof to insert the word
" shall."
Which was determined in the negative.
It was then moved by Mr. Addison, seconded by Mr. Höge, to strike
out the words "and may be removed for misconduct upon the address
of the legislature," and in lieu thereof to insert the following: " But
may be removed on conviction of misbehaviour in office or any infa>
mous crime, or on the address of both houses of the legislature."
Which was carried in the affirmative, and the second part of the
said section agreed to.
Whereupon, on the question. Will the committee adopt the said
section as amended, to be inserted as the tenth section of the said pro¬
posed constitution, viz. The governor shall appoint and commission a
competentnumber of justices of the peace in convenient districts, to
be fixed in such manner as shall be by law directed. "They shall be
commissioned during good behaviour; But maybe removed on convic¬
tion for misbehaviour "in office or any infamous crime, or on the addres,^
cf both houses of the legislature ?
It was determined in the affirmative.
The twelfth section of the fifth article of the proposed constitutiva
being under consideration, the same was adopted as the eleventh sec.¡
tion, viz.
Sect. XI. A register's office for the prohate of wills and granting let¬
ters of administration, and an office for the recording of deeds shall
be kept in each county.
The thirteenth section of the fifth article of the said proposed consti^
tution being under consideration.
A motion was made by Mr. Smith, seconded by Mr* Addison, to
amend the same so as to rëad as follows, viz.
Sect. XII. Prothonotaries, clerks of the peace and orphans' courts,
recorders of deeds, registers of wills and sheriffs, shall keep their of¬
fices in the county town of the county in which they respectively shalk
be officers.
"VV hieb was carried in the affirmative, and adopted as tija twçlfth
lection of tj^e said article,
36S
MINUTES OF THE
The fourteenth section of the fifth article of the said proposed con¬
stitution being under consideration, the same was adopted as the thir¬
teenth section of the said article, as follows, viz.
Sect. Xlil. The style of all process shall be The commonwealth of
Tennsylvania: All prosecutions shall be carrieil on in the name and by
the authority of the commonwealth of Pennsylvania, and shall con¬
clude Against the peace and dignity oj the same.
The committee then rose in order to report, that they had made
further progress in the business referred to them, and request leave te
sit again.
THUnSBÂY, January 28, 1790. J. M.
The fifth section of the first article of the proposed constitution,
as amended, recurring, viz.
The judicial power of this commonwealth shall be vested in a su¬
preme court, the jurisdiction of which shall extend over the state; in
the courts of oyer and terminer and general jail delivery, hereinafter
mentioned; in a court of common pleas, orphans' court, register'»
court and court of quarter sessions for each county, and in such other
courts as the legislature may, from time to time establish. But no
special commission of oyer and terminer or general jail delivery shall
be issued.
A motion was made by Mr. Wilson, seconded by Mr. Smith, to
amend the first section so as to read as follows, viz.
The judicial power of this commonwealth shall be vested in a su¬
preme court, in the courts of oyer and terminer and general jail de¬
livery, in a court of common pleas, orphan's court, register's court and
court of quarter sessions for each county, injustices of the peace, and
in such other courts as the legislature may from time to time establislv
It was moved by Mr. M'Kean, seconded by Mr. Wilson, to insert
the words "of law and equity" after the words " other courts."
\Vhich was carried in the affirmative.
And the section proposed by Mr. Wilson, together with the amend¬
ment of Mr. M'Kean, adopted as the first section of the said fifth ar¬
ticle.
The second section of the said fifth article recurring, it was moved
by Mr. Smith, seconded by Mr. M'Kean, to amend the said section so
as toread as follows, viz.
The judges of the supreme court and the several courts of common
pleas shall be commissioned and hold their offices during good beha¬
viour: But the governor may remove any of them on the address of
two-thirds of each branch of the legislature. The judges of the su¬
preme court and the presidents of the several courts of common pleas
shall at stated times, receive for their services an adequate compensa¬
tion, which shall not be diminished during their continuance in office.
A motion was made by Mr. Smilie, seconded by Mr. Stout, to insert
the words " increased or" before the word "diminished."
And the yeas and nays being called by Mr. Smilie were as follow,
viz.
YEAS.
Ml". Stout
Pioer
Mr. Smilie Mr. M'Lene Mr. Beale
Gallatin 6
CONVENTION OF 1789--90.
363
Mr. WiUon
lî.iker
Roberts
M'Kean
■M ¡min
Gray
Robinson
Hare
Edwards
O^den
Jcnks
Barclay
Gibbons
Bull
T. Ross
Mr. Boyd
Hand
Coleman
Graff
Atlee
Hubley
Breckbill
Miller
Siegle
Reed
Tyson
Pedan
Dill
Whitehill
NAYS.
Mr. Power
Linctiln
Groscop
Mr. Redick
J. Ross
M attire WS '
Morris
Potts
Coates
Shoemaker
Gloninger
Brown
Graydou
Pickering
Henderson
Gibson
Sellers
Gehr
Sitgreaves
Arndt
Rhoads
Powell
Srnith
Snyder
Findley
Todd
Addison
Höge
19
So it was determined in the negative.
It was moved by Mr. James Ross, seconded by Mr. Gallatin, to add
the following words to the said section, viz. " But they shall hold no
ether office of profit in this commonwealth."
Which was carried in the affirmative, and the said section as amende
ed, adopted as follows, viz.
Sect II. The judges of the supreme court and the judges of the se¬
veral courts of common pleas shall be commissioned and hold their of¬
fices during good behaviour: But 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 president of the several
courts of common pleas shall, at stated times, receive for their servi¬
ces an adequate compensation, which shall not be diminished during
their continuance in office: But they shall hold no other office of
profit within this commonwealth.
The third section of the fifth article of the said proposed constitu-
^on being under consideration.
On the question. Will the committee agree to the same?
It was unanimously determined in the negative.
A motion was then made by Mr. Sitgreaves, seconded by Mr. Wil^^
son, to introduce the following in the place of the said third section,
viz.
The jurisdiction of the supreme court shall extend over the whole
state, the judges of the same court shall, by virtue of their office, be
justices of oyer and terminer and general jail delivery in the several
counties. No special commission of oyer and terminer and general
jail delivery shall be issued.
On the question. Will the committee adopt the said section?
It was carried in the affirmative.
The fourth section of the fifth article of the said proposed constitu¬
tion being under consideration,
It was moved by Mr. Smilie, seconded by Mr. M'Lene, to post>
{»one the consideration of the said section in order to introduce the fol-
owing, in lieu thereof, viz.
The supreme court and the several courts of common pleas shall,
beside the powers heretofore exercised by said court, have the powers
of a court of. chancery, so far as relates to the perpetuating of testimo-
364j
aÜNXJTES OF TitÉ
ncy, obtaining evidence from places not within the state, and thé Carfe
of the persons and estates of those who be non compotes mentis, and
such, other powers .as may be found necessary by future general assem¬
blies, not inconsistent with this constitution.
A motion was then made by Mr. Addison, seconded by Mr. Galla-»
tin, to postpone the motion made by Mr. Smilie, in order to introduce
the following in lieu thereof, viz.
The supreme court and the several courts of common pleas of this
commonwealth, beside the powers usually exercised by such courts,
i.hall have the powers of a court of chancery, so far as relates to the
perpetuating testimony, obtaining evidence from places not within the
state, and a discovery of truth by the oath of the parties and the pro-
«iuction of their books and papers, the care of the persons and estates
of tliose who are von compotes mentis, the repealing letters patent, to
preventing waste and vexatious suits, to obliging proper persons to in¬
terplead, and to giving adequate and specific relief in cases of agree¬
ments, fr-auds, trusts, powers and accidents, The legislature may,Trom
time to time, regulate the exercise of the powers hereby given, and
may vest in the several Courts such other powers as may be necessary
and not inconsistent with this constitution.
The committee then rose in order to report. That they had made
further progress in the business referred to them, and ask leave to
feit again.
FRIDÄY, January £9, 1790. A. M.
Mr. Addison withdrew his motion of the twenty-eighth instant.
The motion made yesterday by Mr. Smilie, seconded by Mr. M'*
ï.ene, recurring.
A motion was made by Mr. Pickering, seconded by Mr. Miller, to
postpone the fourth section of the fifth article, together with the amend*
ment, proposed by Mr. Smilie, in order to introduce the following.
Viz.
The supreme court and the several courts of common pleas, beside
their usual powers, shall have the powers of courts of equity, to give
relief in those cases in which there would be a tadure of justice by an
adherence to the rules of the common law, but in all cases in equity,
proof by witnesses where their personal attendance may reasonably
be required, and the mode of proceeding in all other respects shall be
conformed, as far as may be, to the usual practice of the supreme
court and court of common pleas as courts of common law.
On the question. Will the committee agree to the postponement
for the aforesaid purpose?
It was determined in the iiegativè.
A motion was then made by Mr. Smith, seconded by Mc. Redick, to
fetrike out all the words contained in the motion made yèsterday by
Mr Smilie, after the words "non compotes mentis," and in lieu thereof
to insert the following, viz.
And the legislature shall, as soon as conveniently may be after their
first meeting under this constitution, vest in the said courts sucii oth¬
er powers to grant relief in equity in all cases to which common law
proceedings are not competent, and shall regulate the exercise there¬
of, and Irom time to time enlarge, diminish or vest the same in such
ether courts as they shall judge necessary for the due admimstralio*
t)t juaticC.
tOîiVENTlON Of iy89--90.
ît was moved by Mr. Addison, seconded by Mr. M'Kean, fd in¬
sert after the words "within the state," the following viz. "And from
parties to suits by their examination on oath or atfxrmatioiTl and the
production of their books and papers."
On the question, Will the committee agree to the said amendment?
The yeas and nays being called by Mr. Thomas Ross, were as fol¬
low, viz.
YEAS.
Mr. Baker
M'Kean
Atlee
Mr. Hubley
Bhoads
Mr. Addison
Pickeriug
NAYS.
Mr. Henderson
Sellers
Mr. Groscop
Gehr
Sitgreavee
Arndt
Powell
Pippr
Smith
Snyder
Findiey
Todd
Höge
Redicic
J. Ross
Smilie
Gallatin
M'Lene
Matthews
Morris
Potts
Coates
Shoemaker
Gloninger
Brown
Graydon
Gibson
Beale
53
fourth section
Mr. Roberts Mr. Hand Mr. Groscop Mr
Mifliin Coleman
Gray Graff
Robinson Breckbill
Hare Miller
Edwards Siegle
Ogden Reed
Jenks Tyson
Barclay Pedan
Stout Dill
Gibbons Whitehill
Bull Power
T. Ross Lincoln
Boyd
So it was determined in the negative, and the said
ÏIS amended, unanimously adopted as fallows, viz.
Sect. IV. The supreme court and the several courts of common pleas
ïhall, besides the powers heretofore exercised by the said courts, have
the power of a court of chancery, so far as relates to tlie perpetuating
of testimony, obtaining evidence from places not within the state, and
the care of the persons and estates of those who are non compotes men¬
tis: And the legislature shall, as soon as conveniently may be, after
their first sitting under this constitution, vest in the said courts such
other powers to grant relief in equity in all cases to which common
law proceedings are not competent, and shall regulate the exercise
thereof, and from time to time enlarge, diminish or vest the same in
such other courts as they shall judge necessary for the due adminis-
tvation of justice.
Whereupon, on motion of of Mr. Sitgreaves, seconded by Mr. Og-
den.
Ordered, That the said section be placed as the sixth section of the
said fifth article.
The first section of the sixth article of the proposed constitution be¬
ing under consideration¿ viz.
Sheriifs and coroners shall, at the places of the election of represen¬
tatives, be chosen for three years by the citizens of each county re¬
spectively; two persons shall be chosen for each office, one of whom
for each shall be commissioned by the governor; no person shall con-
linue in the office of sheriff more than three years successively."
â66
MINUTES OF THE
Amotion was made by Mr. Hubley, seconded by Mr. Coleman, to
strike out the words "for threi2 years," and in lieu tliereof to insert tba
word " íiinuálly^" '
On the question, Will the commUtéb agree to the same?*
The yeas and nays being called by Mr. Hubley, were*Ís followi
viz.
YEAS.
Mr. Baker
Gray
Jenks
Stout
Coleman
Graff
Hubley
Mr. Roberts
Lewis
M'Kean
Mifflin
Robinson
Hare
Edwards
Ogden
Gibbons
Mr. Breckbill
Tyson
Pedan
Dill
Whitehill
Power
Lincoln
Mr. Groscop
Gehr
Arndt
Powell
Piper
Smiiie
M'Lene
NAYS.
Mr. T. Ross
Boyd
Hand
Atlee
Miller
Siegle
Reed
Sitgreaves
Rhoads
Smith
Snyder
Findley
Todd
Addison
Höge
Reuick
J. Ross
Mr. Matthews
Morris
Coates
Shoema&ér '
Glonínger
Beale
ar
Mí*. Gallatin
Potts
Brown
Graydon
Pickering
Henderson
Gibson
Sellers
S4
So it was detertnined in the negative.
A motion was made be Mr. Sitgreaves, seconded by Mr. Smith, to
strike out the word " successively," and in lieu thereof to insert the
words " in any term of nine years."
It was moved by Mr- Addison, seconded by Mr. Miller, to insert
the words " in any term of six years."
It was then unanimously agreed to strike out the word "succes¬
sively."
On thç question. Will the committee agree to insert the words " in
any term of nine years"?
The yeas and nays being callad by Mr. Sitgreaves, were as follow,
viz.
YEAS.
Mr. Robinson
Mr. Whitehill
Mr. Powell
Mr.
Redick
Hare
Power
Piper
Morris
Edwards
Sitgreaves.
Smith
Graydon
Graff
Arndt
Findley
15
NAYS.
Mr. Baker
Mr. Stout
Mr. Miller
Mr.
Rhoads
Roberts
Gibbons
Siegle
Snyder
Lewis
T. Ross
Reed
Todd
M'Kean
Boyd
Tyson
Addison
Mifflin
Hand
Pedan
Hogo
Gray
Coleman
Ddl
J.Ross
Ogden
Atlee
Lincoln
Smiiie
Jenks
Hubley
Groscop
Gallatin
Barclay
Breol^biU
G^r
M'Leno
CONVENTION OF 1780-90.
367
NAYS.
Mr. Mathews Mr. Shoemaker Mr. Pickering Mr. Beale
Pntts Gloninge Henderson Sellers
Coatçs Brown Gibson 47
So it was determined in the negative.
On the question, Will the committee agree to insert the words " in
any terra of six years?
It was carried in the affirmative, and the said section as amend¬
ed adopted as follows, viz.
Sect. I. Sheriffs and coroners shall, at the places of the election of
representatives, be chosen for tiireeyears, by the citizens of each coun¬
ty respectively; two persons shall be chosen for each office, one of
whom for each shall be commissioned by the governor; no person shall
exercise the office of sheriff more than three years in any term of six
yea«^.
The second section of the sixth article of the said proposed consti¬
tution being under consideration, the same was adopted as follows, viz.
Sect. II. The freemen of this commonwealth shall be armed and
disciplined for its defence: The militia officers shall be appointed in
such manner, and for such time, as shall be, by law, directed.
On motion, oi-dered, that two copies of the fifth and sixth articles of
the said proposed constitution be printed for the use of each member.
The seventh article being then under consideration, viz-
All debts contracted and engagements entered into before the es¬
tablishment of this constitution shall be as valid against the common¬
wealth under this constitution, as they have been heretofore.
It was moved by Mr. Lewis, seconded by Mr. M'Lene, to strike out
the words " against the commonwealth under this constitution."
Which was carried in the affirmative.
It was then moved by Mr. Pickering, seconded by Mr. M'Kean, to
prefix the following words to the said article, viz. " That there may be
no doubt relative to the force of former engagements, it is declared,
that."
Whereupon, on motion of Mr. Lewis, seconded by Mr. M'Kean, or¬
dered, that the debates on tiie said article be adjourned.
On motion of Mr. Ogden, seconded by Mr. Edwards,
Resolved, unanimously, that the thanks of this committee be given
to the honorable Mr. M'K.ean for his able and impartial conduct while
chairman thereof.
The committee then rose in order to report. That they had made
further progress in the business referred to them, and request leave to
sit again.
SATURDAY, January SO, \7'è0. A. M.
The following note was received, addressed to the chairman, from
the honorable Mr. M'Kean, viz.
Permit me, sir, to acknowledge the grateful sense I entertain of the
favorable opinion expressed by this honorable committee respecting
my conduct while in the chair, and to assure them, as it shall always
be my study to merit, so it will afibrd me the sincerest pleasurè to ob¬
tain, their approbation.
The seventh article recurring, together with the several amend
menta.
368
MINUTES OP THE
A motion was made by Mr. Addison, seconded by Mr. Henderson, to
reconsider the first section of the sixth article of the said proposed con-
gtitntion adopted yesterday in order to strike out the words '-for three
years," and to insert after the word "governor," the following, viz.
They shall hold their oflßces for three years, and until a successor be
duly qualified. But no person shall be twice chosen or appointed as
sheriff in any term of six years.
On the question, "Will the committee agree to re-consider for the
aforesaid purpose?'.' It was determined in the affirmative.
And the said section adopted as follows, viz.
Section I. Sheriffs and coroners shall, at the places of the election
of represenratives, be chosen by the citizens of each country respef-.
tively; two persons shall be chosen for each office, one of whom for each
shall be commissioned by the governor; they shall hold their offices
for three years, and-until a successor be duly qualified. But no per¬
son shall be twice chosen or appointed as sheriff in any term of sig
years.
A motion was made by Mr. Addison, seconded by Mr. Graydon, to
introduce the following as the second section of the said sixth article,
viz.
In case of the resignation, death, or removal from office of the sher-.
iff or coroner of any county, the governor may appoint a successor to
hold his office until one of two persons who shall be elected at the en¬
suing general election, shall be duly appointed.
It was then moved by Mr. Thomas Ross, seconded by Mr. Gibbons,
to postpone the consideratioh of the motion made by Mr. Addison,
seconded by Mr. Graydon, in order to introduce tjie following in lieu
thereof, viz.
The general assembly shall make provision for supplying vacant
cies in the offices of sheriBs or coroners, occasioned by death, resignar
tion or disqualification.
On the question, "Will the committee agree to the postponement
for the aforesaid purpose?" It was determined in the negative.
The seventh article of the said proposed constitution again recurring,
it was, on motion of Mr. Findley, seconded by Mr, Ogdeii, ordered.
That the debates thereon be postponed.
The first section of the eighth article of the proposed constitutiqa
being under consideration, viz.
A school or schools shall be established in each county for the in¬
struction of youth, and the state shall pay to the masters such salaries
as shall enable them to teach at low prices.
It was moved by Mr. M'ICean, seconded by Mr. Findley, to add the
following words to the said section, viz. "and the poor gratis."
A motion was then made by Mr. Pickering, seconded by Mr. Sit-
greaves, to postpone the consideration of the said first section, with
the amendment proposed by Mr, M'ICean, in order to introduce the
following in lieu of the first and second sections of the said eighth ar¬
ticle, viz.
Knowledge generally diffused among the people being essential to
the preservation of their rights, it shall be the duty of the legislature
to provide for the instruction of children and youth, by the establUh-
luent of such schools in the several counties titroughout the common¬
wealth. -And the arts, sciences and all useful levning shall be further
promoted in one or more universities.
CONVENTION OF 1789-90.
^69
On the question, Will the comniittee agree to the postponement for
Ihe aforesaid purpose? It was determined in the negative.
the llTSt section ol the said eighth article recurring, together with
the amendment proposed by Mr. M'lvean, On the question, Will the
committee agree to tlie same? It was determinetl in the negative.
Ihc second section of the said eighth article being under consider-'
ation, viz. *
The arts, sciences, and all useful learning shall be promoted in one
or more universities.
On the question, "Will the committee agree to the same?" It was
determined in the negative.
^ The third àection of the said eighth article being then under con¬
sideration, It was. on motion ot Mr. Smilie, seconded by Mr. Galla¬
tin, ordered, that the further considération thereof be postponed.
The committee then resumed the consideration of the fifteenth sec¬
tion of the second article of the said proposed constitution, postponed
•on the sixteenth of January, viz.
The state treasurer shall be appointed annually, by tJie joint
vote of both "houses" all subordinate ofiicers in the treasury depart¬
ment, election officers, officers relating to the poor and high-ways, con¬
stables "and other" township officers shall be appointed in such man¬
ner as siiali be directed by law. i
It was moved by Mr. M'Lene, seconded by Mr. Shoetnaker, to
amend the said section by adding after the words "and other," the fol¬
lowing: "county and," which was determined in the negative.
A motion was then made by Mr- Pickering, seconded by Mr. Ogden,
to amend the said section by striking out the remainder after the word
"houses," and in lieu thereof to insert the following, viz. All other
officers in the treasury department, election officers, officers relating
to taxes, to the poor and Jiighways, constnbles and other township offi¬
cers shall be appointed in such manner as is or shall be directed by law.
Which was carried in the affirmative, and the said section adopted as
follows, viz.
Section XV. The state treasurer shall be appointed annually by
the joint vote of both houses: All other officers in the treasury depart¬
ment, election officers, officers relating to taxes, to the poor and high¬
ways, constables and other township officers shall be appointed in such
manner as is or shall be directeil by law.
The second section of the fourth article being under consideration,
it vvas moved by Mr. Pickering, seconded by Mr. Sitgreaves, to strike
out the word "before," and insert in lieu the word "by," which was
carried in the affirmative, and the words "the chancellor of the com¬
monwealth shall preside therein" unanimously agreed tobe struck out.
And thereupon the said section was adopted as follows, viz.
Section II. All impeachments shall be tried by the senate. Whea
sitting for that purpose the senators shall be on oath or affirmation:
No person shall be convicted without the concurrence of two thirds of
the members present.
A motion was made by Mr. Redick, seconded by Mr. M'Lene,
to re-consider the third section of the said fourth article, in order to
insert after the word "commonwealth," the words "tor such term as
the senators shall determine." Which was deterndned in the negative.
47
MIJíütES OP TIIË
The first section of the thirri article being under xonsideration, «
motion was made by Mr. Addison, seconded bjr Mr. Smilie. to post¬
pone the debates on the said section until Tuesday next. Which was
determined in the affirmative.
It was moved by Mr. Addison, seconded by Mr. Miller, to re-con¬
sider the second and third sections of the second article of the propo¬
sed constitution, in order to introduce the following in lieu thereof,
viz.
vSection II. The governor shall be chosen on the second Tuesday
of October, when occasion shall require, by the citizens throughout the
state, at the places where they shall respectively vote for representa¬
tives. Hefurns of election for governor shall be made to the general
assembly, and when two or more are equal and highest in votes, the
general assembly shall, by joint vote of both houses, choose one of
them to be governor for the ensuing three years. In case of contest¬
ed elections, the same shall be judged of and detern|ined by a commit¬
tee to be selected from both houses of the legislature, in such manner
as shall be by law directed. During the trial of contested elections,
the speaker of the senate shall exercise the oflBce of governor.
Section III. The governor shall hold his ofiRce during the term of
three years, from the first Tuesday of flecember next ensuing his
election, and shall not be capable of holding his office longer than nine
years in any term of twelve years.
The committee then rose in order to report, that they had made fur¬
ther progress in the business referred to them, and request leave to sit
again.
J\IOJ\^DAr. February 1, 1790. -5. .If.
The motion made by Mr. Addison, January SO, to re-consider the
second and third sections of the second article of the proposed con¬
stitution, recurring. «
On the question, ' Will the committee agree to re-consider in or¬
der to take into consideration the sections proposed to be inserted in
lieu of the said second and third sections? It was determined in the
affirmative, and the said sections moved by Mr. Addison being under
consideration, viz.
Section II. The governor siiall be chosen on the second Tuesday
of October, when occasion shall require, by the citizens tiiroughout the
commonwealth, at tiie places where they shall respectively vote for
representatives, lleturns of election for governor shall be made to
the general assembly, and when two or'more are equal and highest in
votes, the general assembly shall, by joint vote of both houses, choose
one ol them to be governor for the ensuing year. In case of contest¬
ed elections, the same shall be judged of and determined by a commit¬
tee to be selected from both houses of the legislature, in such manner
as shall be by law diiected. During the trial of contested electionSf
the speaker of tiie senate shall exercise the office of governor-
Section III. The governor shall hold his office during the term of
three years, from the first Tuesday of December next ensuing his elec¬
tion, and shall not be capable of holding his office longer then nin«
years in any term of twelve years.
CONVENTION OF l^SO-OO.
871
It was moved by Mr. Pickering, seconded by Mr. M-Kean, to strike
out, in the seond section, the words " when occusiuu shall require.'^
Winch was carried in the affirmative.
A motion was then, made by .Mr. Pickering, seconded by Mr.
M'tean, to amend the said section so as to read as follows, viz.
Section It. rile governor shall be chosen on the secohd Tuesday of
October by the citizens throughout the commonwealth, at the places
where they shall respectively vote for representatives. The returns
ot every election for governor shall be transmitted to the scat of gov¬
ernment, directed to the speaker of the senate, who shall open and
putilish tlie same in the presence of both houses of the legislature.
The person having the highest number of votes shall he governor^
but if it should so happen that any two or more slxall he equal and
highest in votes, the general assembly shall choose one of them for
governor by the joint vote of both houses. Which was determined in
the affirmative.
It was moved by Mr. Sitgreaves, seconded by Mr. Smith, to insert in
thesaid second section, afterthe words "during the trial of contested
elections," the words "the governor of the last year or," and after
the word "senate" the following, "as the case may be." Which
was determined in the negative, and the section, with the amendment
proposed by Mr. Pickering, seconded by Mr. M'Kean, adopted.
The third section of the second article, proposed by .Mr. Addison,
being under consideration, it was moved by Mr. M'Kean, seconded
by Mr. Sellers, to strike out the word "first," and to insert in lieu
thereof the word " third." VVIiich was carried in the affirmative,
and the said section, as amended, adopted.
A motion was made by Mr. Pickering, seconded by Mr. Smilie, to
re consider the fifteenth section of the second article of the proposed
constiiution, viz.
in case of the death or resignation of the Governor, or of his remo¬
val from office, it shall devolve on the speaker of the senate until the
'next atlnual election of representatives, when another governor shall
be chosen in the manner herein before mentioned.
On the question. Will the committee agree to re-consider the said
section ? It was determined in the affirmative.
A motion was made by Mr. Pickering, seconded by Mr. M'Kean,
to add the following words to the said section, viz. "And until such
newly elected governor shall be duly qualified and commence the ex¬
ercise of his office." Which was carried in the affirmative, and the said
third section, as amended adopted.
Mr. Findley then called for his motion made the sixteenth day of
January last, respecting the appointment of a secretary, and the same
being under consideration, it was moved by Mr. M'Kean, seconded by
Mr. Findley, to amend the same so as to read as follows, viz.
A secretary shall he coinmissioiied by the governor. He shall coun¬
tersign all commissions signed by the governor, and all orders drawn
by^hiin on the treasury of the state for monies appropriated, as well
as tavern and marriage licences. He shall keep fair journals of the
proceedings of the sqpreme executive department, to be laid before
either house of the assembly when called for, and shall attend the
official orders of the govfpnor, or either house when required. Which
was* carried in the affirmative.
MINUTES' OP TUB
It'was then moved by Mr. M'Lene, seconded by A*r. M'Kean, to
insert after the words "asecreta'V shall be," the vvoi'ds "appointed
and " Whicli was determined in the affirmative.
A motion was then made by Mr. tiray,'seconde«! by Mr. Henderson,
to postpone the debates on the said section. Which was determined
in the negative.
It, was then moved by Mr. Sitgreaves, seconded by Mr. Findley, to
amend the said third section so as to read as follows, viz.
A secretary shall be appointed and commissioned by the governor.
He shall be keeper of the seals of the state, and shall, under the di¬
rection of a committee of both branches of tiie legislature, affix the
seal to the laws when the same shall be enacted. He shall counter¬
sign and register all commissions signed by the governor, and all or¬
ders drawn by him for monies appropriated, as well as marriage, tav¬
ern and other licences. He shall have the custody of all public acts,
oHicial documents and state papers which shall be addressed, or be¬
long, to the legislative and executive departments, to be laid before the
governor or either house when called for. He shall attend the go¬
vernor Or either house when recjuireil, and shall perform all such other
duties as shall be enjoined him by future acts of the legislature.
It was moved by Mr. M'Kean, seconded by Mr. Pickering, to insert
after the word " commissions." the words " charters ol pardon, and
patents for land." Which was carried in the affirmative,
A motion was made by Mr. M'Kean, seconded by Mr. Pickering,
to strike out the words " and register," and the words "and all or¬
ders drawn by him for monies appropriated," Which was carried in
the affirmative.
It was thereupon moved by Mr. Smith, seconded by Mr. Brown, to
strike out the words "legislàtive and." Which was determined in
the affirmative. ,
The section, as amended, being then under consideration, viz.
Section XVII. A secretary shall be appointed and commissioned by,
the governor. He shall be keeper of the seals of the state, and shall,
under the direction of a committee of both branches of the legislature,
affix the seal to the laws when the same shall be enacted. He shall
countersign all commissions, charters of paction, and patents for land,
signed by the governor, as well as marriage, tavern and other licences.
He shall have the custody of all public acts, oIKcial documents and
state papers which shall be addressed, or belong to the executive de¬
partment, to be laid before the governor or either house when called
for. He shall attend the governor or either house when required, and
shall perform all such other duties as shall be enjoined him by future
acts of the legislature.
On the-question, "Will the committee agree to the same?" The
yeas and nays being called by Mr. Smith, were as follow, viz.
YEAS.
Mr. Roberts
Whitehill
llclstes
M'Kean
Mifflin
Attee
Siegle
Pedan
Mr. I.incoln Mr. Höge Mr. Morris
Gehr Kedirk Tóales
Rhoads J. Koss Gluiiiiiger
Powell Siiilie Brown
Piper G;i|kitin Graydoii
Findiey MTjece ,1'ickeiing
'J'odd Matthews , Eealc—èîO.
Addison
«ONVENTION OP Ü/SP-OO.
373
ür. Baker Mr. Gibbons
Gray T. Ross
Robinson, Bnycl
liare Hand
Jenks Graff
Barclay Breckbill
Stout
NAYS.
Mr. Miller
Mr. Smith
Reed
Tyson
Dill
Henderson
Gibson
Sellers—25.
Snyder
Power
Sitgreaves
Arndt
So it was determined in the aßirmative, and adopted as the seven¬
teenth section of the «econd article of the proposed constitution.
A motion was made by Mr. Gallatin, seconded by Mr. Smilie, as
follows, viz.
I he stale shall be divided into districts for the purpose of electing
members of the house ot representatives of the United States, in
such manner that the citizens of each district shall be entitled to elect
not more than representatives: And the number of representa¬
tives to be elected by the state, shall be apportioned between the said
districis in proportion to the number of taxable inhabitants contained
in each.
It was then moved by Mr. Gallatin, seconded by Mr. Smilie, to ad¬
journ the debates on the said motion.
Whereupon, on motion, the committee rose in order to report, that
they had made further progress in the business referred to them, and
reijuest leave to sit again.
The first section of the third article of the proposed constitution,
together with the amendments postponed on the eighteenth of January
last, being under consideration, a motion was made by Mr. M'Kean,
seconded by .Mr. M'Lene, to postpone the said section, with the amend¬
ments. in order to introduce the following, in lieu thereof, viz.
Every male cilizen being twenty-one years of age, who has resided
in the state two years next before the days of election, and paid state
or county taxes within that time, which shall have been assessed at
least six months before the said election, or having n freehold estate
within the city or county of the. annual income of three pounds, or
any estate of the value of fifty pounds, though he may not have paid
taxes, shall enjoy the right of an elector ; and every male person, of
the age aforesaid, who shall have been born in any of the United
States, and resided in this state for one year next before the election,
having either of the qualifications aforesaid, shall also be entitled to
the right of an elector.
It was moved by Mr. Lewi«, seconded by Mr. Smilie, to strike out,
from the said proposed amendment, the words or having a freehold
estate within the city or county of the annual income oj three pounds,
or any estate of ike value of fifty pounds, though he may not have
paid taxes. Which was determined in the affirmative.
A motion was then made by Mr. Addison, seconded by Mr. Galla¬
tin, to strike out the word "citizen" and the words " has resided,"
and, in lieu of the former, to insert '• inimbitant," and of the latter,
the words " has been a resident citizen " Which was determined in
tlie affirmative, and thereupon agreed to strike out the remainder of
the said section after the words •' shall enjoy the right of an elector."
TUESDAY, Eehruary 2, 1790. A. M.
374
MINUTES OF THE
It was moved by Mr. Pickering, seconded by Mr. M'Kean, to insert
after the words "of age," the following: "who is a native of tho
United States, and has resided one year in this state, and every other
male inhabitant." Which was determined in the negative.
On the t|uestion. Will the committee agree to the section as
amended ? It was determined in the negative.
The committee then resumed the consideration of the said section
as reported by the committee of nine, together with the amendments
postponed on the eighteenth of January last, viz.
In elections by (he citizens, every freeman of the age of twenty
one years, having resided in the state two years next before the days
of election respectively, and paid public state or county taxes within
that time, which tax shall have been assessed-upon him at least six
months before the election, shall enjoy the right of an elector. Thé
sons of freeholders of the age aforesaid, shall be entitled to vote>
though they have not paid taxes.
A motion was made by Mr. Sitgreaves,;seconded by Mr. Smith, to
amend the second clause of the said section, so as to read as fol¬
lows, viz.
The sons of freeholders, qualified as aforesaid, between the egos of
twenty-one and twenty-two years, shall be entitled to vote although
they have not paid taxes. Which was determined in the negative.
On the question. Will the committee agree to the latter part of
the said section? It was determined in the negative, an^ the first
part, as amended, adopted as the first section of the third article of
the said proposed constitution, as follows, viz.
Section I. In elections by the citizens every freeman of the a^e of
twenty-one years, having resided in the state two years ne^t before
the days of election respectively, and paid public state or. county
taxes within that time, which tax shall have been assesseil upon hita
at least six months before the election, shall enjoy the right of an
elector.
The motion made yesterday by Mr. Gallatin, seconded by Mr. Smi-
lie, to divide the state into districts for the purpose ol electing mem¬
bers of the house of representatives of the United States, being with¬
drawn, the committee proceeded to take into consideration the hill of
rights, being the ninth article of the proposed constitution reported by
the committee of nine, and the first section being under debate the
same was adopted as follows, viz.
Section I. That all men are born equally free and independent, and
have certain inherent and indefeasible rights, among wiiich are those
ol enjoying and defending life and liberty, of acquiring, possessing
and protecting property and reputation, and of pursuing their own
happiness.
The second section of the said ninth article, or bill of rights, being
under consideration, viz.
That all power being originally vested in, is derived from the peo¬
ple, and all free governments originate from their will, are founded
on their authority, and instituted for their common peace, safety and
happiness ; and for the advancement thereof, they have, at all times,
an unalienable and indefeasible right to alter, reform or abolish their
goverhnicnt, in such manner as they may think proper.
It was moved by Mr. M'Lene, seconded by Mr, Graydon, to strike
CONVETîîTION OP 1789--90.
875
Dut the word vested, and, in lieu thereof, to insert the word inherent.
Which was determined in the iietativc.
A motion was made by Mr. M'Kean, seconded by Mr. Sitgreaves,
to stritce out the words " and for the advancement tiiereoF," and, in
lieu thereof, to insert tlie following, viz.. "And wlien the form thereof
«hall become destructive of these ends "
On the question, Will the committee agree ta strike out for the
aforesaid purpose ? The yeas and nays being called by Mr. Sit-
greaves, were as follow, viz.
YE^S.
Mr. Baker Mr. M'Kean
Mr. Sitgreaves
Mr. Höge—4.
NAYS.
Mr. Graff
Atlee
Breckbill
Miller
Siegle
Reed
Mr. Roberts
Lewis
Mifflin
Gray
Robinson
Hare
Ogden Tyson
Jenks Pedan
Barclay Dill
Stout Whitehill
Giobons Power
T. Ross ' Heister
Boyd Lincoln
Hand Gehr
So it was determined in the negative.
It was then moved by Mr. M'Kean, seconded by Mr. Roberts, to
insert, after the words " and indefeasible right," the words " in a
peaceable and orderly way."
On the question. Will the committee agree to the same ? The
yeas and nays being called by Mr. Roberts, were as follow, viz.
YEAS.
Mr. Mawhorter
Arndt
Rhoads
Powell
Smith
Snyder
Find ley
Todd
Addison
Redick
J. Ross
Smilie
Gallatin
M'Lene
Mr. Matthews
Morris
Potts
Coates
Shoemaker
Gloninger
Brown
Graydon
Pickering
Henderson
Gibson
Beale
Sellers—55-
Mr. Roberts
M'Kean
Ogden
Mr. Jenks
Stout
Mr. Atlee
Breckbill
NAYS.
Mr.
Mr. Baker Mr. Siegle
Lewis Reed
Mifflin Tyson
Gray Pedan
Robinson Dill
Hare Whitehill
Barclay Power'
Gibbons Heister
'1'. Ross Lincoln
Boyd Gehr
Hand Mawhorter
Graff Arndt
Miller Rhoads
So it was determined in the negative,
Adopted as reported by the committee of nine<
Powell
Piper
Smith
Snyder
Findley
Todd
Addison
Höge
Redick
J. Ross
Smilie
Gallatin
M'Lene
and the
Mr. Sitgreaves
Snoemaker-9
Mr, Matthews
Morris
Potts
Coates
Gloninger
Brown
Graydon
Pickering
Henderson
Gibson
Beale
Sellers—51.
said second section
876
MINUTES OP TBí?
The committee (hen rose in order to report, that they lad made
furtlicr progress in the business referred to them, and request leave to
sit again.
irEÜJ\''ESDJlF, Februartj 3, 1790. A. J\[.
The third section of the bill of rights being under considera¬
tion. viz. ' ~
Tha,t all men have a natural and indefeasible right to worship Al¬
mighty God acrording to the dictates of their own consciences, anil
that no man ought or of right can be compelled to attend any reli¬
gious worship, or to erect or support any place of public worship, or
to maintain any ministry, against his free will and consent ; and that
no human authority can controul or interfere with the rights of con¬
science in any case wha'tever ; nor shall any preferénce ever be given,
by law, to any religious establishments or modes of worship.
It was moved by Mr. Pickering, seconded by Mr. Smith, to strike
out the words •'ought or," and to transpose the word " can" before
the words " of right-" Which was carried in the affirmative, and the
said section, as amended, adopted. . , ,
The fourth section of the,said bill of rights being under considera¬
tion, viz.
That no person who acknowledges the being of a God, and a future
state of reivards and punishments, shall, on account of his religious
sentiments, be disqualified to hold any office or place of trust or profit
under this commonwealth. . -
It was moved by Mr. Robinson, seconded by Mr. Graydon, to strike
out the words" and a future state of rewards and punishments."
A motion was then made by Mr. Robinson, seconded by Mr. Sit-
greaves, to strike out the words "who acknowledges the being of a
God, and a future state of rewards and punishments."
On the question. Will the committee agree to strike out the
words ?" The yeas and nays being called by Mr. Brown, were as fol¬
low, viz.
YEAS.
Mr. Robinson Mr. Iloge Mr. Gallatin
Hare Redick Potts
Ogden J. Ross Graydon
Sitgreaves
Mr. Pickering
Henderson
Sellers—IS.
Mr. Baker
Mr. Boyd
NAYS.
Mr. Power Mr. Todd
So It was determined in the negative,
Mifflin
Gray
Jenks
Stout
Gibbons
Bull
T. Ross
Roberts
Lewis
Barclay
M'Kean
Hand
Graff
Atlee
Miller
Siegle
Reed
Tyson
Pedan
Dill
Breckbill
Whitehill
Heister Addison
Lincoln Smilie
Gehr M-Lene
Mawhorter Matthews
Arndt Cuates
Rhoada Shoemaker
Powell Gloninger
Piper Brown
Smith Gibson
Snyder Beale—47.
Findlej
CONTENTION OF 1789-90.
877
tt was Ihen moved by Mr. Pickering, seconded by Mr. Ogden, fo
adjourn the debates on the said fourth section in order to introduce
the foUowing in lieu thereof, viz.
That the members of the legislature and ail executive and judicial
officers shall be bound by oath or aflirmation to support the constitu¬
tion of this state: But no religious test shall ever be required asa
qualifícation to any oflice or public trust under this state.
On the question. Will the committee agree to the postponement
for the aforesaid purpose ? It was determined in (he negative, and
the said fourth section, as reported by the committee of nine, adopted.
The fifth section of the said bill of rights being under considera¬
tion, viz.
That elections shall be free and equal.
It was moved by Mr. Pickering, seconded by Mr. Shoemaker, to
strike out the words " and equal." Which was determined in the
negative.
A motion was then made by Mr. M'Kean, seconded by Mr. Tyson,
to add the following words to the said section, viz. '• to every person
entitled to vote." Which was deteimined in the negative.
It was moved by Mr. Gallatin, seconded by Mr. Smilie, to add the
following words to the said fifth section, viz. And that all freemen,
having a sufficient common interest in, and attachment to, the commu¬
nity, be entitled to vote. Which was determined in the negative, and
the section adopted as reported by tlie committee of nine.
The sixth section of the said bill of rights being under considera¬
tion, viz.
That trial by jury shalllSe as heretofore, and the right thereof shall
remain inviolate.
On the question, Will the committee adopt the same? It was
determined in the aflirmative.
The seventh section of the said bill of rights being under considera-
tion, viz.
The printing presses shall be free to every person who undertakes
to examine the proceedings of the legislature or any branch of govern¬
ment, and no law shall ever be made restraining the right thereof.
The free communication of thoughts and opinions is one of the most
invaluable rights of man, and every citizen may freely speak, write
tod print, being responsible for the abuse of that liberty.
A motion was maile by Mr. Pickering, seconded by Mr. M'K.ean, to
strike out the word " most" contained in the said section. Which,
was determined in the affirmative.
It was then moved by Mr, Thomas Ross, seconded by Mr. Boyd, to
amend the said section by adding the following words: And in case
of indictments for libels the truth of the accusation may be pleaded
in bar of the bill.
A motion was made by Mr. Findley, seconded by Mr. Hare, to post¬
pone the said section, with the amendment. Which was determined
in the negative.
Mr. T. Ross then withdrew his motion to amend the said section.
It was then moved by Mr. Smith, seconded by Mr. Findley, to in¬
sert the words "on any subject" after the won! "-print," and to add
the following words to'the said seventh section, viz. Upon indictment
tor the publication of papers investigating the conduct of individuals
in their public capacity, or of those applying or canvassing for office,
48
MINUTES OP THE
the truth oF the facts may be given in evidence in justification upon the
general issue.
Whereupon,.on motion of Mr. Findley, seconded by Mr. Addison,
Ordered, That the said section, together with the amendments, be
postponed.
The eighth section of the said bill of rights being under considera¬
tion, the same was adopted as follows, viz
That the people shall be secure in their persons, houses, papers and
possessions against unreasonable searches and seizures, and no war¬
rant shall issue to search any place, or to seize any person or things,
but on probable cause, supported by oath or affirmation,and descrtinng
them as nearly as may be.
The ninth section of the said bill of rights being under considera¬
tion, viz.
That in all criminal prosecutions the accused hath a right to be
heard by himself and his counsel; to demand the cause and nature of
the aocusatioii ; to meet the witnesses face to face ; to have compul¬
sory process for obtaining witnesses in his favor, and a Sfjeedy public
trial by an impartial jury of the vicinage; nor can he be compelled to
f;ive evidence against himself; nor can any man be deprived of his
ife, liberty or property but by the judgment of his peers or the law
®f the land.
A motion was made by Mr. Gallatin, seconded by Mr. Smilie, to
insert, after the word " vicinage," the following, viz. '* Without the
unanimous consent of which jury he cannot be found guilty."
On the question. Will the committee agree to insert the same.^
It was determined in the negative.
It was then moved by Mr. M'Kean, seconded by Mr. Edwards, te
strike out the word " criminal," and to insert, after the word " prose¬
cutions," the following, viz. "by indictment." Which was determin¬
ed in the affirmative, and the said ninth section, as amended, adopted-
The tenth section of the said bill of rights being under considera¬
tion, the same was adopted as follows, viz.
That no person siiall be proceeded against by information for any
indictable offence, except in cases arising in the land or naval forces,
or in the militia when in actual service in time of war or public dan¬
ger; nor sh ill any person, for the same offence, be twice put into jeo¬
pardy of life or limb ; nor shall any man's property be taken, or appli¬
ed to public use, without the consent of his representatives, amd oa
just compensation being made.
The eleventh section of the said biil of rights being under consid¬
eration, the same was adopted as follows, viz.
That ail courts shall be open, and every freeman for an injury done
him in his lands, goods, person or reputation, shall have remedy by
the due course of the law, and right and justice administered to hint
without sale, denial or delay.
The twelfth section of the said bill of rights being under considera¬
tion, the same was adopted as follows, viz.
That no power of suspending laws, or the execution thereof, shall
be exercised, unless by the legislature or by the authority thereof.
The thirteeiitli scciion of the said bill of rights beiug under consid¬
eration, the same was adopted as follows, viz.
That excessive bail shall not be required, nor excessive fineaimpp-
$ed, or cruel punishutents infficled.
CONVENTION OI» 1789-90.
379
The fourteenth section of the said bill of rights being under consid»
Aration, the same was adopted as follows, viz.
That all prisoners shall be bailable by sufficient sureties, unless for
cápital offences, when the proof is evident or the 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.
The fifteenth section of the said bill of rights being under consider¬
ation, the same was adopted as follows, viz.
That the person of a debtor, where there is not a strong presump¬
tion of fraud, shall not be continued in prison after delivering up all
his estate for the benefit of his creditors, in such manner as shall be
prescribed by law.
The sixteenth section of the said bill of rights being under consid-
«ration, the same was adopted as follows, viz.
That no ear^ïosi/acio law, or law impairing contracts shall be made.
A motion was made by Mr. Smith, seconded by Mr. Henderson, to
insert, as the 17th section of the said bill of rights, the following, viz.
That religious societies and corporate bodies shall be protected in
their rights, immunities and estates.
The committee rose in order to report, that they had made furtbér
progress in the business referred to them, and request leave to sit again.
THURSDAY, February 4, 1790. A.
The motion made yesterday by Mr. Smith, to be inserted as the
seventeenth section of the bill of rights, being withdrawn.
A motion was made by M r. Smith, seconded by Mr. Sitgreaves, to
insert the following, as the seventeenth section of the said bill of
rights, viz.
That religious societies or bodies of men united or incorporated for
the advancement of religion and learning, or for other pious and char¬
itable purposes, shall be protected in the enjoyment of their just pri¬
vileges, immunities and estates.
It was moved by Mr. Lewis, seconded by Mr. M'Kean, to adjourn
the debates on the said motion, in order to introduce the following, viz.
That the rights, immunities and estates of religious societies and
corporate bodies shall be as valid under this constitution as they have
heretofore been.
A motion was made by Mr. M'Kean, seconded by Mr, Pickering,
to adjourn the debates on the several propositions before the committee.
On the question. Will the committee agree to the same ? The yeas
and nays being called by Mr. Sitgreaves, were as follow, viz.
YEAS.
Mr. Graft' Mr. Gehr Mr.
Atlee
Mr. Baker
Lewis
M'Kean
Mifflin
Gray
Robinson
Ogden
Jeuks
Barclay
Stout
Bull
Boyd
Breckbill
Miller
Siegle
Reed
Tyson
Pedan
Dill
Whitehill
Heister
Lower
liXBCola
Gehr
Mawhorter
Uhoads
Powell
Piper
Findley
Todd
Addison
Höge
J. Ross
Smilie
M'Lene
Matthews
Morris
Potts
Coates
Shoemaker
Gloiiinger
Brown
Graydon
Pickering
Henderson
Gibson
380
MINUTES OT TUB
NAYS.
JWr. Roberts Mr. Power Mr. Smith Mr. Redick
Gibbons Si f greaves Snyiler Gallatin—10
T. Ross Arndt
So it was determined in the affirmative, and the debates adjourned.
The seventeenth section of" the said bill of rights, as reported by
the committee of nine, coming under consideration, the same was
adopted-as follows, viz.
That no person shall be attainted of treason or felony by the legis¬
lature.
The eighteenth section of tiie said bill of rights being under con¬
sideration, viz.
That no attainder shall work corruption of blood, or forfeiture of
real estate, except duiivg the life of the offender.
A motion was made by Mr. Addison, secon<ied by Mr. Gallatin, to
adil the following words to the said section, viz.
I'he estates of such persons as destroy their own lives shall go to
their representotives as in the case of natural death ; and if any per¬
son shall be killed bv casualty or accident there shall be no torfeilure
by reason thereof. Which was carried in the affirmative.
It was then moved by Vir. Ogden, seconded by Mr. Power, to strike
out the word "real" before the word "estate," and the words "du¬
ring the life of the offender," and to insert the woids "to the com-r
moil weal til" after the word " estate." Which was carried in the af¬
firmative, and the said eighteenth section, with the amendments, adopt¬
ed as follows, viz.
That no attainder shall work corruption of blood or forfeiture of es¬
tate to the commonwealth; the estates of such persons as shall de¬
stroy their own lives shall go to their representatives as in the case of
natural death. Vnd if any person shall be killed by casualty or acci¬
dent there shall he no forfeiture by reason thereof.
The nineteenth section of the said bill of rights being under con¬
sideration, a motion was made by Mr. Roberts, seconded by Mr. Shoe¬
maker, to insert the following in lieu tiiereof, viz.
That the citizens have a right to assemble together in a peaceable
manner to consult for their common good and apply to those invested
with the powers of government for redress of grievances or other por-
per purposes, by petition, address or remonstrance. Which was de¬
termined in the affirmative.
The twentieth section of the said bill of rights being under consid¬
eration, it was moved by Mr. Piikerlng, seconded by Air. M'Kean, to
amend the same so as to read as follows, viz.
That the right ot the citizens to bear arms in defence of themselves
and the stats shall not be questioned ; but those who conscientiously
scruple to bear arms shall not be compellable to do so, but shall pay
an equivalent for personal service. VVIiich was carried in the affirma¬
tive, and the said sectio' as amended, adopted.
The twenty-first section of the said bill of rights being under con¬
sideration, the same was adopted as follows, vi-z.
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 kept in strict subordination to the civil power.
CONVENTION OP .1789--90.
381
The twenty-second section of the said bill of rights being under
consideration, the same was adopted as follows, viz.
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 man¬
ner to be prescribed by law.
The twenty-third section of the said bill of rights being under con¬
sideration, viz.
That the legislature shall at no time create any ollice the appoint¬
ment to which shall be for a longer term than during good behaviour.
It was moved by Mr. Gallatin, seconded by Mr. Smilie, to insert,
after the word " time," the following, viz. " grant any title of nobili¬
ty or hereditary distinction, nor." VVhich was carried in the affirma¬
tive, and the said section, as amended, adopted.
A motion was then made by Mr. M'Lene, seconded by Mr. Hen¬
derson, to insert the following as the twenty-fourtii section of the said
bill of rights, viz.
That perpetuities and monopolies are contrary to the nature of a
republican government, and ought not to exist.
On the question, " VVill the committee agree to the same?" The
yeas and nays being called by Mr. Lewis, were as follow, viz.
Sir. Boyd
Whitehill
Lower
Sir. Piper
Findley
Todd
YEAS.
Mr. Addison
Smilie
Gallatin
NAYS.
Sir. M'Lene
Matthews
Henderson
12.
Mr. Baker
Roberts
Lewis
M'Kean
Mifflin
Gray
Robinson
Ogden
Jenks
Barclay
Stout
So it was determined in the negative.
A motion was then made by Mr. Pickering, seconded by Mr. Red-
jck, to insert the following as the twenty-fourth section of the said
bill of rights, viz.
That estates-tail, being repugnant to the principles of republican
government, shall not be supported ; but tenants in tail shall be deem-
«d the absolute owners thereof, in fee simple.
On the question, Will the committee agree to the same ? The
yeas and nays being called by Mr. Lewis, were as follow, viz.
VEAS.
Mr. Gibbons
Mr. Pedan
Mr. J. Ross
Bull
Dill
Morris
T. Ross
Power
Potts
Hand
Gehr
Coates
Graft"
Sitgreaves
Shoemaker
Atlee
Arndt
Gloninger
Breckbill
Powelt
Brown
Miller
Smith
Graydon
Siegle
Snyder
Pickering
Reed
Höge
Gibson
Tyson
Redick
Sellers—í4.
Mr. Robinson Mr. /kddlson Mr. Redick Mr. Pickering-4.
382
MINUTES OTP TttE
NAYS.
Mr. Baker
Mr. Hand
Mr. Lincoln
Mr. Gallatin
Roberts
Atlee
Gehr
M'Lene
Lewis
Breckbill
Sitgreavea
Matthews
M'Kean
Miller
Arndt
Morris
Mifflin
Siegle
Powell
Potts
Gray
Reed
Piper
Coates
Ogden
Tyson
Smith
Shoemaker
Jenks
Pedan
Snyder
Gloninger
Barclay
Dill
Findley
Todd
Brown
Stout
Whitehill
Graydon
Gibbons
Power
Höge
Henderson
Bull
Heister
J. Ross
Gibson
T. Ross
Lower
Smilie
Sellers—53.
Boyd
So it was determined in the negative.
The twenty-fourth section of the bill of rights, as reported by the
committee of nine, being under consideration, viz.
That emigration from the state shall not be prohibited.
It was moved by Mr. M'Kean, seconded by Mr. Eewis, to add the
following Words to the said section, viz. " Unless in time of war."
Which was determined in the negative, and the original section
a.d opted.
The twenty-fifth section of the said bill of rights being under con¬
sideration, the same was adopted as follows, viz.
To guard against transgressions of the high powers which we have
delegated, WE DECLARE, that every thing in this article expressed
is excepted out of the general powers of legislation, and shall for ever
remain inviolate,
A motion was made by Mr. M'Kean, seconded by Mr. Smith, to re¬
consider the eighteenth section of the bill of rights, in order to strike
out the words " to their representatives." VVhich was determined
in the affirmative, and the said section, as amended adopted.
The committee then rose in order to report, that they had made
further progress in the business referred to them, and request leave to
sit again.
FRIDAY, February 5, 1790, A. M.
The committee resumed the consideration of the seventh section of
the bill of rights, with the amendments adjourned the third instant,
and the amendment, moved by Mr. Smith, seconded by Mr. Findley,
being under consideration.
On the question. Will the committee agree to the same ? The yeas
and nays being called by Mr. Smilie, were as follow, viz.
YEAS.
Mr. Pedan Mr. Powell
Dill Piper
Whitehill Smith
Power Snyder
Diester Findley
Lower Todd
Lincoln Addison
Groscop Höge
Gehr Rediclc
Mawh^rtyr J. Ross
Mr. Wilson
Mifflin
Robinson
Hare
Jenks
Barclay
Boyd
Hand
Breckbill
Reed
Tyson
Mr. Smilie
Gallatin
M'Lene
Matthews
Coates
Shoemaker
Gloninger
Brown
Pickering
Bgalfi 41
contention op 1789-90.
388
NAYS.
Mr. Siegle
Sitgreaves
Arndt
Rhoads
Morris
Mr,
Potts
Graydon
Hendersoa
Gibson
Sellers 21.
Mr. Baker Mr. Bull
Roberts T. Rosa
M'Kean ' Graff
Gray Atlee
Ogden Miller
Stout
So it was daitermined in the affirmative, and the amendment adopted.
A motion was then made by Mr. Miller, seconded by Mr. Morris,
to adjourn the debates on the said seventh section, together with the
amendments, in order to introduce the following, in lieu thereof, viz.
That no law shall ever be made abridging the freedom of speech or
,the press.
On the question, " Will the committee agree to the adjournment for
the aforesaid purpose?" The yeas and nays being called by Mr. T.
purpose
Ross, were as follow, viz.
Mr.
Mr.
Baker
Roberts
Liewis
M'Kean
Gray
Ogden
Jenks
Rotñnson
Hare
Barclay
Boyd
Hand
Breckbill
Pedan
Dill
Whitehill
Mr. Stout
Bull
T. Ross
Graff
Atlee
Miller
Mr. Power
Heister
Lower
Lincoln
YEAS.
Groscop,
Gehr
Mawhorter
Powell
Piper
Mr. Siegle
Rejetl
Tyson
Sitgreaves
Arndt
Rhoads
NAYS.
Mr. Smith
Snyder
Findiey
'I'odd
Addison
Höge
Redick
J. Ross
Smitie
Mr.
Mr.
Morris
Potts
Pickering
Henderson
Gibson
Sellers
25i
Gallatin
M'Lene
Matthews
Coates
Shoemaker
Gloninger
Brown
Beale 35.
So it was determined in the negative, and thereupon, the said se¬
venth section, as amended, adopted as follows, viz.
That the printing presses shall be free to every person who under¬
takes to examine the proceedings of the legislature or any branch of
government, and no law shall ever be made restraining the right there¬
of. 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 liber¬
ty. But upon indictments for the publication of papers investigating
the conduct of individuals in their public capacity, or ot those apply¬
ing or canvassing for o%e, the truth of the facts may be given in evi¬
dence in justification upon the general issue.
On motion of JÍír. Lewis, seconded by Mr. Findiey, the following
was adopted as the preamble to the said proposed constitution, yiz.
We, the people of Pennsylvania, having by our representatives
freely chosen and in conventjhn met, altered and amended the consti¬
tution of this commonwealth, do ordain and establish as follows.
And the said constitution being tlien read, the same was unanimous.
ly adopted. •
[For the constitution as reported by the committee of the whole see.
page 296 of this volume.J
884 MINUTES OF THE CONVENTION OP 1789-90.
On motion of Mr. Pickering, seconded by Mr. Ogden,
Resolved, unanimously, That the thanks of this committee be given'
to general Hand, for his able and impartial conduct while chairman
thereof.
The committee, having complcated the business referred to them,
rose in order to report the said plan of government to the convention.
part. v.
The act of the 28ih March, 1825, for ascertaining the opin¬
ion of the people, of this commonwealth, relative to the
call of a convention.
Section 1. Beit enacted by the Senate and House of Representatives
of the commonwealth of Pennsylvania in general assembly met, and it
is hereby enacted by the authority of the same. That it shall be the
duty of each of the inspectors of votes for the several townships, wards
and districts in this commonwealth, at the next general election, to
receive tickets from the citizens thereof, qualified to vote at such
general elections, and to deposit them in a proper box or boxes, to be
for that purpose provided by the proper officers, which tickete shall
be labelled with the word "Convention," and within, the words "For
a Convention," or "jígatwsí a Convention," and folded, delivered and
received in the usual manner.
Sect. 2. Jnd be it further enacted by the authority aforesaid, That
the said election shall, in all respects, be conducted as the general
elections in this commonwealth are now conducted ; and it shall be
the duty of the return judges of the respective counties thereof, first
having carefully ascertained the number of votes given for or against
the calling of a convention, to make out duplicate returns thereof, ex¬
pressed in words at length and not in figures only, one of which re¬
turns, so made out, shall be lodged in the prothonotary's office of the
proper county, and the other sealed and directed to the speaker of the
Senate, which shall be, by one of the said judges, delivered to the
sheriff, with the other returns required by law to be transmitted to the
secretary of the commonwealth, witose duty it shall be to transmit the
same therewith ; and the speaker of the Senate shall open and publish
the same, in the presence of the members of the two houses of the
legislature, on the second Tuesday of December next.
JOEL JB. SUTHERLAND, Speaker
of the House of Representatives.
THOMAS BURN SI DE,
Speaker of the Senate.
Approved—The twenty-eighth day of March, one thousand eight
hundred and twenty-five. ,
J. ANDW. SHULZE.
INDEX.
charter to william penn. 9
constitutions of the pro-
prietahy government.
Preface, 17
Provincial council, "20
term of office, 30
powers of. 91. 22
Governor, 23 22
Gei^al assemfiljT 23 32
Judiciary, 24
Impeachments, 24
Elections, 24 32
Electors, ' 26
Sheriffs, 32
Tavems,.„ 33
Cterks of the peace, ¿6
Libertj^f cimscience, 30 31 34
Witnesses, ^ 33
Altering constitution, 25 33-,
laws agreed upon in eng¬
land.
©freemen, 26
Elections, 27
Taxation, "¿5.
Courts,
Trial by jury, ii.
Fees, î'^-
Workhouses, 28
Wills, ,
Quiet possession, tS-
Pines,
Marriage»,
Becordiag deeds, ¿o-
Register of births, &c. ib.
Estates of convict», 29
Witnessesi
Education,
Servants,
Slanderers,
Factors,
ReUeious test,
Suncuy,
Vice and immorality,
Freedom of conscience,
CONSTITUTION OF
Preamble,
Declwation of rights,
1770.
Of tliè Legislature, 57 58 59
Executive, 57 60 61
Judiciary, 57 61
.lustices of the peace, >- 62
Electors alid elections, 57 59 62
Members of conerress, ■ 58
Bills, 59
59
Number of représentât i vm. ib.
Executive council, 60
Appointing power, ib.
Impeachment, 61
Trial by Jury, ib.
t Process, 62
Sheriffs and coroners, ib.
Registers and recorders, €3
Freedom of the press, ib.
• Officers, ib.
Penal laws, ib.
Oaths, ib.
Taxation, ib.
Naturalization, 64
Education^ ib.
Vice and immorality, ib.
Council of censors and pro¬
vision for amendments, ib.
CONSTn'UTION OF 1790.
Of the Legislature, 295
Executive, 299
Sec'y of the c^m^frnwealtb, 300
Electors antl elections, ib.
Impeachment, ib.
Tlic Jtidjciary, 301
Sheriff's and coroners, 302
The militia, ib.
County offices, ib.
Commissioners, 303
State treasurer, ib.
Education, ib.
Corporations, ib.
Bill of rights, ib.
Schedule, 305
PROVINCIAL CONFERENCE.
Names of members, " 35
Election of president, 37
Resolve of congress, ib.
Provision for calling the con-
ventien of 177S,
36 to 41
iï
INDEX.
Address of to citizens, 41
to associátorS, 44
Report relative to independence, 42
CONVENJION OF 1776.
Names of members, 45
Approval of the declaration
Ol' independence, 49
Consideration of the consti¬
tution, 49 to 54
Constitution of 1776, 54
[See Constitutions.]
COUNCIL OF CENSORS.
Names of members, 67
Report on defects and alter¬
ations of the constitution, 69
Of the assembly, 69 71 72
Executive council, 70 71 74 75 103
73 74
70
108
/O
71
ill.
72
ib.
ih.
75 76
76
ib.
87
Legislative council, 71
Judges, term of office,
their salaries.
Rotation in office,
Retro.po^ti've la'^s,
Militia,
Members of congress.
Representation,
Elections,
Governor's negative,
Secr'y of the commonwealth.
Impeachment,
Judiciary,
Supreme court.
Justices of the peace.
Naturalization,
Reasons of dissent.
Address of tlie council,
MINUTES OF
Report, whethf* the consti¬
tution has been preserved
inviolate.
General view, .
Personal prop»^.
Trial byjury.
Incompatible offices.
Confirming land titles.
Divorces,
Roads,
Expelling members of assembly)
Grievances,
impeachments.
Oaths,
PlibHcation of bills.
Resolutions,
Pay of members
Erecting new counties,
Appoinfing power, 100, 10-
Eight of council to propose
bills.
Pardons,
Executing law».
Appropriations,
Habeas corpus,
Insolvent debtors.
Justices of the peace,
• Calling ' conventions.
Corporations, '
Reasons for and against the rep. 114
Address of the council, 1Ä
8d
ib
87
108 109
88 94
88
ib.
ib.
89
90
93
93
94
95
100
100
113
103, 104
1Ô5
106
ib.
109
109
109, 1
11
113, 137
ib. *
ib. ? CONVENTION OF 1790.
76 77 \ Proceedings for calling, 129
77 ? Resolutions of assembly, 129, y n 130
ib- V 133, y n 136
80 Re.asons of dissent, 131,136
THE CONVENTION OF 13«e9-90.
Names of members, 138
Rules, 141
Com. whole on the constitution, 143
Report, 149
adopted, 150,152
' Com. to report ,1 constitution; 153
report,
Ref. to com. wh.
Rep. of com whole.
Second reading of the con.
155 \o 163
163 to 166
Too lo 175
176 to 296
Ratification, 295
Constitution as rep. by com. of nine, 155
as rep. by com. wh. 166
as adopted at 1 st sess. 227
as finally adopted, 295
Amending clause, 216
Attornies at law, 283
Rill of rights, see declaration, ^irights.
Commissions, 188, ^2, 252
Congress, members of, 373, 374
Constitution, amending clause, 216
as rep. by com wh. 166
as adop. at 1st session, 227 i
as finally adopted, 295
CONVENTION.
Of 1776, 45
1790, 137
Act of, 1825, rèl to, 384
Corporations, c w 379, sec. read. 241,
245, 259.,
Counties new, erection of, 318
DECLARATION OF RIGHTS.
As reported, cwol2, SPA. read 216,
242.
Personal rightJ, cw 374,378, sec. read.
217, 222, 259. 260. ^
Powers of government, c w 374, sèfe.
read. 217, 259.
Rights of conscience, c w 376, sec.
r., read, 2i;f, 259. ,
Religious test, c w 376, sec. read. 217,
259.
Elections, sec. read. 219, 259.1Í
Right of property, sec. read. 223, 260,
280.
Trial by jury, sec. read. 219, 2.59.
' Freedom of t!>e pross, c w 377, 383,
sec. read. 219, 2 It,'274.
INDEX.
Criminal prosecntions, c w 378, sec.
iva^i 226, 260, 283.
Costs in cnmiiial rasas, 28.,>.
LifiMrmations, c w 378, sec. i-ead. 223,
260,280. .
Administratioñ of justice, c w 378,
sec. read. 223, 261, 291.
Suspending laws, c w 378, sec. read.
223, 261.
Jiail. c w 378, sec, read. 223, 261.
Ifal ... corpus, c w sec. read. 223, 261.
Insolvent debtors, c w 379, sec. read.
224, 262, 283.
Expost facto laws, c w 379, sec. read
224, 262.
Attainder, c w 330, sec. read. 224, 242,
262..
Petitions, c w 380, sec. read. 225, 262.
Hight bear arms, c w 380, sec. read.
, 225, 262, 274.
Standing armies, c w 380, sec. read,
225,264.
2sobiiti\", HOC. read 264,'
Emie'i'aiiun, c w 382, sec. read..j226,
264.
Tenure of office, cw,381, sec. read.
225, 264.
EDUC.\T10N.
Committee of the whole 368, sec. read.
241, 244, 259.
Elections, c \v^ 347, 377, sec. read 199,
200.
Electors, salification of, c w 346, 373,
379, sec. read. 199, 253, 254.
privdege, c w 350, sec. read.
. 200, 254.
EXECUTIVE.
Governor, c w 338, sec. read. 183, 251.
Election ofi c w 370, sec.
read. 183, 251.
Neg. of to laws, c w 337-8.
sec. read. 182, 250.
Qualification.; of, c w 343,
see. read. 185, 251, 271.
Term ot office, c w 341, 342,
sec. read 184,251.
Compensation of, c w 343,
sec. read. 185, 2^2.
Contested election of, second
reading, 183, 251. 284.
Power ofi c w 544, sec. read.
Ifô, 188, 192, 253.
Appointing power of, c w
348, sec. read. 187, 188,-
189, 191,252.292.,
Duties.of, c w 344, sec. read.
192, 252, 253.
Vacancy of office of c w
,315, 371, sec read. 192,
196, 198, 253.293.
pardoning power ot, 188,
252.
259
EMrEACHMEMTS,
Com. wh. 350, 369, sec. read. 201, 202,
9^4, OKK 979
INCOMF'A riBLE OFFICES.
Com. wh. 347, sec. retid. 189, 238,252.
JUDICARY,
Court of chancery, c w 352, neg. 358.
Supreme court, c w 351,362, sec. read.
202, 255.
j uri sd iction of, 362,204
210, 256.
Oyer «id terminer, cw 351, sec. read.
202,-204, 206,208,
210, 255.
Common pleas, c w 351, sec. read. 202,
255
Orphans' court, c w 351, sec read. 202,
210,255, 257. Í,
Register's court, c w 351, sec, read.
202, 210, 213,25^5,257.
Quarter sessions, c w 351, sec. read.
202, 210, 257.
Tenure of offleo of j„clg:es. c w 355,
sec. read. 203, 205, 255.
Organization of courts, 205, 256,.
Chancery powers, c w 351, 36^, kc.
read 207, 256.
Salaries of judges, 202, 255, 256. '
Justices of the peace, c w 351,360, sec.
read. 202, 211,257.
LEGISL.XTURE.
Meeting of, c w 331, sec. read. 180,
247, 249.
Speakers, c w 322, sec. read. 180, 249.
I'ower to expel, c w 332, sec. rcadina:
180, 249.
Journals, cw 334, sec. read. 181, 249.
Yeas and nays, c w 334, sec. read. 181,
249.
Adjourmnenjs, c w335, sec. read. 181
249,250. -
Compensation ofi c w 335, sec. reading
181, 250, 279. 282.
Incompatibility, c w 336, sec. reading
182, 250, 289.
Vacancies, c w 336, sec. read. 182, 250
Revenue bills, c w 337, sec. read. 182,
250.
Appropriations, c w 337, sec. reading
182, 250.
Bills, c w 337, 338, sec. read. 182, 183,
250.
Gov. neg. c w 337, 338, sec. read.
182, 250.
Resolutions, c w 344,j!«ec. read. 183,
251.
QuoruniJ c w 332, sec read. ISO.
Contested elections, c w 332, sec. read.
180, 249,284.
Privilege, c w 335, sec. read. 181,250.
280,282,290.
MILITIA.
Cora. wh. 367, sec. read 215, 2^„8.
IV
INDEX.
6, I
OATHS.
Of office, c \vo77, sec. read. 195, 216,
245, 259.
OFFICES. . Â
To be kept in bounty towns, c w 352, 1
361, sec read. 213, 258. 7
Applications forj c w 348, sec. read. 192 j
■ OFFICERS. A
Appointment of certain, sec. read. 193. J
FROCESS. A
Stile of, C w 352, 362, sec. read. 214, V
258. A
PROTHONOTAEIES. &c. V
Appointment of, sec. read. 211, 215
235.
QUAKERS.
Memorial of, 270, sec. read. 273, 274.
REGISTERS.
.Com. wh. 361, sec. read. 213, 258.
REPRESENTATIA'ES.
Election oti c w. 313, sec. read. 176, 247.
Qualifications o^j c w 313, sec reading 7
176, j.ao, 2^, 270.' ~ Y
Members of c w 315, 319, 320, secofiíf
reading 176, 248.
SCHEDULE.
Report of, 186, 236, 239,284,
SECRETARY
Com. whole, 345, 371, sec. read. 199,
271.
SENATORS.
Number of, c w 318, 320, sec reading
179, 265, 268.
Election and qualifications of, c w 322,
328, 330, sec. read. 179, 180,
264, 266, 268, 269, 286.
Term of sen ice of 179, 264, 268.
Classification of, c w 324, 331, sec. read.
180.
SHERIFFS AND CORONERS.
Election of, c w 362, 368, sec. feadii^
215, 258, 259, 293.
TREASURER.
ofi c w 345, 369, second
read 193. 253, 288