y EMBER OF THE STAMP- ACT CONGRESS FROM THIS COLONY. JUDGE OFTHE SUPREME COURT. 3IELEGATET0THE FIRST CONGRESS IN 1774. SPEAKER OF THE HOUSE OFASSEMBLY, RE-ELECTED TO THE CONGRESS OF 1776, 'WHEREIN GIVINGTHE CASTING VOTE OF ~ HIS DELEGATION, HE CROWNED PENNSYLVANIA, THE KEYSTONE OFTHE ARCH OF LIBERTY, AND SECURED TO THE AMERICAN PEOPLE JHE DECLARATION OF INDEPENDENCE. HIMSELF A SIGNER. BORN A.D. 1724. DIED A.D. 1777. '■.ELI THosnoruY - vllnot roBSivEME ronMr vore for wc- INOEPEUDCNCi:, THATTHtY MH.. Ln/L JO SEE THE hOUn WHEN THEY SHALL W^A ACKUOtVLEBSEIT TOH*\/EBEEN THEMOiT SLOHIOOS SERVICETHAT I EVER (:/*, REUDEtneoTo UrcouNTffr." _^^ A HISTORY ORIGIN OF THE APPELLATION KEYSTONE STATE, AS APPLIED TO THE COMMONWEALTH OF PE^NSYLVANLV ; TOGETHEP. WITH EXTEACTS FROM MANY^AUTHORI- TIES RELATIVE TO THE ADOPTION OF THE DECLAEATIOI^ OF INDEPEI^DE^NCE BY THE CONTINENTAL CONGRESS, JULY 4TH, 177G. TO WHICH IS APPENDED THE K'cw Constitution of Pennsylvania, WITH AN ALPHABETICAL CONTENTS. PHILADELPHIA: CLAXTON, REMSEN & HAFFELFINGER, Nos. 024, G26 & 628 Market Stkeet. 1874. Sutured, according to Act of Congress, in the year 1874, by CLAXTON, RE.MSEN & HAFFELFINGER, in the Othce of the Librarian of Congress, at AVashington. -^^ FAG/N 4 PON, ^^ i. P. _^^ ,^ TO • THE PEOPLE OF PENNSYLVANIA, THIS AVORK IS ^[(ipcdfunu ^i^ditalcil BY THE COMPILER. '/ \ Pennsylvania is called the " KEYSTONE STATE " — the thirteenth State, the Mock of the arch, — from the fact that, by the casting vote of JOHN MORTON, she secured the unani- mous adoption of the Declaration of Independence in the Continental Congress on the fourth of July, 1776, being the last or thirteenth State to vote for that immortal instrument. In the year 1870, an article was published in a rural newspaper which ascribed the origin of Pennsylvania's appellation " Keystone State " to the whim of an architect, who, in building a bridge over Kock Creek, near George- town, D. C, saw proper to place on the central block of its arch the abbreviation " Pa." The compiler of this work, after having read the " Rock Creek " theory, was unable to accept it as correct, and, iu order to satisfy his mind on the matter, resolved to enter upoji a thorough and unprejudiced examiuatiou of the sub- ject, and, with this purpose in view, he at once set to work. Volume after volume of histories were carefully searched ; mouldy documents were dragged from their long repose and closely scanned ; and in due time he was enabled, as the reward of his tedious investigations, to prepare, and publish in a Philadelphia journal, a refutatory reply. 1* V VI PREFACE. This brought forth a second and more voluminous article from the autlior of the "Kock Creek" story, notwithstanding his first attempt was ridiculed as a "stupid l)hinder" by many leading newspapers of the State. Again were the libraries visited and their dusty treasures consulted ; no amount of toil, or tiresome research, was sijarcd, to tlie end tliat the question might be forever set at rest. And rich were the fruits of this inquisition. Numerous authorities were found, many of which were contemporaneous with the events they described ; and not a few of the state- ments were in the handwriting of those who had actually beheld what they related ! With this accumulation of facts as a basis, another article ■was written and published. And so for nearly three years the question was argued pro and con, the compiler con- stantly endeavoring to fortify his position with the strongest historical proof. In presenting this work to the public, — at a time when the events of our early national history possess a peculiar degree of interest to every American citizen, in fact, to the world, — he would take occasion to state that he is induced to do so for two reasons : The first being to gratify the oft- expressed desire of many esteemed friends; and tlie second, to furnish an amount of reliable data to the people of Penn- sylvania whicji could not otherwise be had except at a great cost of time and labor. In the following pages will be found botli sides of tlie question, each article being arranged in the order in which it appeared iu the several newspapers and pamphlets. A HISTORY OF THE OEIGIN OF THE APPELLATION KEYSTONE STATE. From the Delaware County Republican of January 8, 1868. "KEYSTONE STATE." THERE are but few, comparatively, of the great mass of our fellow -citizens that know why Pennsylvania received the appellation of the "Keystone State;" and it may be equally true that few are aware of the fact that Pennsylvania decided the great issue of American inde- pendence. In the old Episcopal church -yard in Chester stands a plain, neat monument about twelve feet in height, erected over the remains of John Morton, one of the signers of the Declaration of Independence, July 4, 1776. It bears the following inscription : 7 A inSTOR Y OF THE OrJGIN OF Pcbitutcir To the moinoiy of JOHN MORTON, a member of tlie American Congress from the State of Pennsylvania, assembled in New York, 1705, and of the next Congress assembled in Philadelphia in 1774, and various other public stations. Born, A. D. 1724; died, A. D. 1777. This monument was erected by a portion of his relatives, October 9th, 1845. In 1775, while Speaker of the Assembly of Pennsylvania, John Morton was re-elected a member of Congress, and in the ever memorable session of July, 1776, he attended that august body for the last time, enshrining his name in the grateful remembrance of the American people by signing the Declaration of Independence. In voting by States upon the question of the Independence of the American Colonies, there was a tie, until the vote of Pennsylvania was given ; two members from which voted in the affirmative and two in the negative. The tie contiimed until the vote of the last member, JOHN MORTON, decided the promulgation of the glorious diploma of American Freedom. John Morton being censured by some of his friends for his boldness in giving tlie casting vote for the Declaration of Independence, his prophetic spirit dictated fnjui liis death-bed the fol- lowing message to them : "Tell them that they will live to see the hour when they shall acknowledge it to Iiave been tlie most glorious service that ever I rendered to my country." TEE APPELLA TTON KE YSTOXE STA TE. 9 The circumstances attending the adoption of the Decla- ration of Independence by tlie Continental Congress are as follows: The vote was taken by the delegations of the thir- teen colonies. Six of them voted in favor and six against the measure. These delegations sat right and left of the President, John Hancock. In front of him the Pennsyl- vania delegation was seated. When the delegations from all the colonies, except Pennsylvania, had voted, and it was discovered that they Avere equally divided, John Hancock, perceiving that John Morton, one of the Pennsylvania delegation, was not in his seat, and seemingly aware that the latter held the casting vote in favor of the measui'e, arose and made a speech, urging the Pennsylvania delegation to vote for indepen- dence. He continued his exhortation until he saw John Morton enter the hall, and then sat down. The Pennsylvania delegation stood equally divided upon the great issue, until John Morton gave the casting vote in favor of the Declaration. Thus John Morton decided the vote of Pennsylvania ; and thus Pennsylvania, by giving the casting vote, decided that important question ; and from this circumstance she received the name of the " Keystone State," — the thirteenth State, — the block of the arch. The reason why John Morton was delayed in the occu- pancy of his seat on that occasion, was that a number of persons visited him on that morning, urging him to vote against the Declaration. But they could not prevail ; and many of them did live to see the time when they had to acknowledge it was the best thing he could do, and " the most glorious service that he had ever rendered to his country." All honor then be ascribed to the memory of John Morton of Pennsylvania. 10 A HISTORY OF THE OniGTX OF THE "MORTON HALL" TABLET. On the 12th of February, 1868, a marble tablet was erected in Morton Hall, corner Forty-first and Haverford Streets, West Philadelphia, bearing the following inscription, to wit : JOHN MORTON, Member of the SUirap Act Congress from this Colony, Judge of the Supreme Court, Delegate to the first Congress in 1774, Speaker of the House of Assembly, Ee-elected to the Congress of 1776, where, in giving tlie casting vote of his delegation, he crowned Pennsylvania The Keystone of theAr(!h of Liberty, and secured to the American people The Declaration of Independence, Himself a signer. Born, A. D. 1724, Died, A. D. 1777. oJO^Jo Extracts from the " History of the American Revolution," Comprehend irifj all the Principal Events, both in the Field and in the Cabinet, bij Paul Allex, Esq., to icluch are added the mod Important Resolutions of the Continental Congress, etc., published in 2 Volumes, in 1819. Extract from Preface. In the prosecution of the present work, it is deemed proper to state tliat the facts have been drawn from what is honestly believed to be the most unquestionable sources; from a painful and accurate examination and comparison of the various histories of that important event; from the correspondence of those who were the immodiutc parties in a struggle so glorious to our coun- try; from olliciai documents; from tlie archives of our Continental Congress, and those of the dillereut Legislatures, etc., etc. THE APPELLA TION KEYSTONE STATE. 1 1 Ejtracf from Vol I.,paf/e 342, etc. The Congress had wiiited with considerable patience and sonic anxiety the result of the late session of Parliament; they had forborne to do anything which might not be justified upon the fair j)riuciple of self-defence, until it appeared that the Min- istry were resolved that nothing short of the most alyect submis- sion should be the price of accommodation. Early in May, therefore, the Congress adopted a measure intended to sound the sentiments of the colonies on the subject of independence. They stated the rejection of their petitions, the Prohibitory Act, and the employment of foreign mercenaries to reduce them to obedience; and concluded by declaring it expedient that all the colonies should proceed to the establishment of such a form of government as their representatives might think most con- ducive to the peace and happiness of the people. This Preamble and Resolution was immediately forwarded to all the colonies; and in a few days afterwards, Richard Henry Lee, of Virginia, gave notice to the Congress that he should, on an appointed day, move for a declaration of independence. This was accordingly done; but the consideration of the question was postponed until the first of July — so timid, so wavering, so unwilling to break the maternal connection were most of the members. The interval was employed in unceasing exertions, by the friends of indepen- dence, to prepare the minds of the people for the necessity and advantages of such a measure. The Press teemed with essays and pamphlets in which all the arts of eloquence were used to vindicate the prejudices which supported an attachment to the King and the Government of England. Among the numerous writers on this momentous question, the most luminous, the most eloquent, and the most forcible was Thomas Paine. His pamphlet entitled "Common Sense" was not only read, but understood by everybody. It contained plain and simple truths, told in a style and language that came home to the heart of every man ; and those who regard the indepen- dence of the United States as a blessing will never cease to cherish the remembrance of Thomas Paine. Whatever may have been his subsequent career — in whatever light his moral or religious principles may be regarded — it should never be forgotten that to him, more than to any single individual, was owing the rapid 12 A HISTORY OF THE ORIGIN OF diffusion of those sentiments and feelings wliidi produced the act of separation from Groat Britain. New Hampshire, New York, New Jersey, Pennsylvania, and Maryhmd for a long Lime held out against the motion for inde- pendence. In Pennsylvania, the proposed measure was so warmly opposed hy Mr. Dickinson, who had been one of the first and ablest advocates of resistance, that the Convention of Deputies left hiui out in their election of delegates to Congress, and ap- I)ointed Dr. Benjamin Rush in his place. In Maryland, the Convention instructed tlieir delegates to vote against the Declaration of Indejiendence, which, on the first question, they did, contrary to their own sentiments; and, with- drawing immediately from the Congress, they returned to their own colony. Here Samuel Chase labored industriously and effectually to jirocure county meetings, at which the people were induced to instruct their deputies to reverse their former vote. And on the 28th of June the Convention gave a unanimous vote for indei)enilence, with which the delegates lost no time in returning to Congress. On the day agreed upon for the consideration of Mr. Lee's motion, the first of July, Congress resolved itself into a committee of the whole; the debates on the question were continued with great warmth for three days. It had been determined to take the vote by colonies; and as a ma-ster-stroke of policy, the author of which is not known to history, it had been proposed and agreed that the decision on the question, whatever might be the real state of the votes, should aj)pcar to the world as the unanimous voice of the Congress. On thk first questiox, six colonies "were in the affirmative and six in the negative — Pennsylvania being without a vote by the division op IIER delegates. What an awful moment was this for the san- guine friends of'freedom. In this state of the business it is said, on the authority of evidence afterwards adduced before the British Parliament, that Mr. Samuel Adams once more success- fully exerted his influence, and that one of tlie delegates of Pennsylvania was brought over to the side of independence. It is more probable, however, that the influence of Mr. Adams extended no further than to procure two of the dissenting mem- bers to withdraw from the House, and that the vote of Pennsyl- THE A FPELLA TION KE YSTONE ST A TE. 1 3 vania was thus obtained. It is to be regretted, only as a matter of laudable curiosity, that the journals of Congress are profoundly silent as to the minute proceedings on this memorable question, and as to the names of those who espoused or opposed it. We have no reason to doubt the purity of motive which actuated any member. It is suthcient that at length the impor- tant decision was made; and whether made by a majority of one or of twenty voices, is a question of no historical importance. Thomas Jefferson, John Adams, Benjamin Franklin, Roger Sherman, and R. R. Livingston had been appointed, on the 11th of June, to prepare a declaration of independence. It was agreed by this committee that each individual of it should draw up such a declaration as his judgment, talents, or feelings should dictate; that upon comixiring the whole, the one should be chosen as the report of the committee which should be most conformable to the wishes of the whole. Mr. Jefferson's paper was the first one read, and, as the highest compliment which could be paid to the talents which it displays, every member of the committee instantaneously resolved to suppress his own production, modestly observing that it was unworthy to bear a competition with what they had just heard. On the 4th day of July, 1776, that Declaration was adopted by Congress and given to the world as follows : A Declaration by the Representatives of the United States of America in Congress assembled, etc., etc. Page 353. The Declaration of Independence was of itself a victory — a victory over the passions, prejudices, and fears of a multitude. It drew the line forever between the friends and the foes of America. It left no neutrals. He who was not for independence, unconditional independence, was an enemy. The effect produced upon the public mind, by the boldness and unanimity manifested on this occasion by the delegates of the several colonies, operated on the general confidence of the people as much as a similar declaration would have done had it been adopted and signed by the whole population of the States. The manifesto appeared as unanimous; it was hailed as prognostii;. 2 14 A HISTORY OF THE ORIGIN OF Page 356. The Declaration of Independence was received as the unani- mous resolve of the thirteen colonies. And even in England, where some intimations of such a design had been announced in the circles of Government, and where the strength of the royalists was the most intimately known, the power of that formidable minority was forgotten in the alarm of the first intelligence; and the Cabinet politicians themselves for awhile believed that the whole population of America had spoken to their oppressors. The unnnimitij thus exhibited in this moment of unparalleled trial was justly regarded as portentous not only of the nature, but of the termination of the contest. Page 403. About this time (meaning about the middle of .July, 177(),) a series of resolutions were received in Congress, from the New York Convention, expressing in animated language their devo- tion to the great cause, and favoring any means of resistance to the encroachments of the enemy. The public feeling was at the highest degree of tension — every eye was turned upon New York. There it was expected, if not the fate of the whole country, the fate of Washington and his whole army was speedily to be determined. Troops were hourly coming in from all quarters. From the Athens Gleaner of May 12, 1870. PENNSYLVANIA: WHY CALLED THE KEY- STONE STATE. The designation of Pennsylvania as the " Keystone State " originated in -the city of Washington, near the close of the last century or early in the present. When the seat of the Federal Government was by act of Congress permanently located on the Potomac, commissioners were appointed to locate tlie site of a new city there, who employed a French architect, by tl)e name of L'Enfant, to design and survey it out. Besides the multitude of streets which he mapped out THE ArrELLATION KEYSTONE STATE. 15 and designated by the A, B, C's and 1, 2, 3's, he also phmnod a number of'niagnificent, broad avenues, running diagonally across them. The three principal of these avenues ran nearly parallel through the city, from the east branch of the Potomac to Rock Creek, near Georgetown. Of these, the central one was named Pennsylvania Avenue, the one north of it Massachusetts Avenue, and the one south of it Vir- ginia Avenue. Pennsylvania Avenue, as is well know'n, became the great thoroughfare of the city, and where it was extended across Rock Creek to Georgetown, a stone bridge with a single arch was erected of stones unused in building the walls of the Capitol. In constructing the arch of the bridge, thir- teen ring or arch stones were exposed to view, on each side of which were engraved the initials of the name of one of the thirteen original States. Those forming the north side of the arch were N. H., Mass., R. I., Ct., N. Y., and N. J. ; and those on the south side were Ga., S. C, N. C, Va., Md., and Del. ; while upon the thirteenth, or key-stone of this arch, the initials of Pennsylvania were engraved so con- spicuously as to be seen by all who passed it. From this circumstance Pennsylvania obtained the name, and has since been w'idely known as the " Keystone State." This bridge has since been destroyed and replaced by others. But it will be long before Pennsylvania ceases to be known by the name she acquired when the key-stone of this arch, in the city of Washington, bore her initials. From the Evening Telegraph, of Philada., of June 4, 1870. THE KEYSTONE STATE. We notice a foolish error going the rounds of the press regarding the appellation the " Keystone State," and how Pennsylvania came to be so called. It would be an endless 16 A HISTORY OF THE OmOIX OF task to attempt to correct all the stupid mistakes made, by newspapers, but this error concerns Pennsylvanians directly. According to the veracious historian whose account is before us, Pennsylvania has no better or liigher right to be called the " Keystone State " than this : That \Yheu the city of "Washington w^as laid out, a certain bridge near Georgetown had its arch fancifully inscribed with the names of the origi- nal thirteen States, and that Pennsylvania, having the cen- tral place in the arch, was called the key-stone by the primi- tive citizens of those times, and has continued to be called so ever since. This is putting the cart before the horse with a vengeance. We do not deny so much of the bridge story as describes the formation of the arch, but we do say (and think it strange even that it should be necessary for us to say) that the device of the architect was but taken from a historical incident of very great importance. The name, in fact, was derived from the circumstance that Pennsylvania cast the deciding vote on the question of American inde- pendeace. In Sanderson's " Lives of the Signers," it is stated that the vote was taken by the delegations of the thirteen colonies. Six of them voted in favor and six against the measure. The delegations from all the colonies, excL.'pt one member from Puunsylvania, had voted, and it was discov- ered that they were equally divided. Upon this simple vote, then, depended the entire question of issuing the Declaration of Independence. The name of the delegate upon whom so much depended was John Morton, and it is a name that should never be forgotten. John Morton voted ai/e ! and the deed was done. Thus Pennsylvania, by giving the cast- ing vote, settled that important question, and from that cir- cumstance she received the name of the " Keystone State," — the thirteenth State, — the block of the arch. Will country ])apers please copy? and city papers, too, for that matter ? It does not so much surprise us to see the ridiculous story about the Georgetown bridge copied in the THE APPELLATION KEYSTONE STATE. 17 Homer Iliad and the Blooniiiigtou Paiitagraph, but to find it iu Peuasylvania, and, most of all, in our city papers, makes one feel sad. The otlier day, when we saw the ab- surd thing dished up afresh by one of our contemporaries, we grew savage, and determined to go for it. Let us straighten this matter up once for all, and as much for the memory of honest John Morton as for anything else. Froni The Keystone, of Philadelphia, of July 23, 1870. ANOTHER TEACHING. Bro. S. Hayden, of Athens, Bradford County, Pennsylvania, has written a very interesting paper on the " Keystone State," and its appellation to Pennsylvania historically considered. Bro. Hayden is a veneralile member of the fraternity, who has devoted a lifetime to considering Masonic subjects, and he has written admirably on many to the delight and instruction of his readers. As there are many, both Masons and others, who have no idea why Pennsylvania was called the " Keystone State," Bro. Hayden's paper will be instructive. We publish it, because it is fitting that the subscribei's of The Keystone should know why it was that name was chosen for our paper. As Pennsylvania stands to the Federal Union, The Key- stone, we hope, stands to the Masonic Press of the United States. We ardently hope, our sincere wish is, that The Keystone shall ever find the Arch of Masonry strong, firm, unyielding, solid. Our efforts are to this end, so that when, if ever, assaults on the craft shall come from within or with- out the Great Masonic Arch, firm, strong, and united, its key-stone hohling it as the Great Architect intended, when He permitted it to be constructed, unmoved and uuinovable, these assaults shall only prove the workmanship, and show its indestructibility. 2* B 18 A UlSTORY OF THE ORIGIN OF From the Athens Gleaner of July 14, 1S70. The Keystone State : Its Appeli>ation to Pennsyl- vania Historically Considered. — In the Athens Gleaner of May 12, I presented some facts relating to the name of Pennsylvania in its provincial character, and the origin of the term " Keystone," as since applied to it. My attention has since been called to an article credited to the Philadelphia Telegj'ctjjh, and published in various papers of the State, con- tradicting and ridiculing the reason I there gave why Penn- sylvania was first called the "Keystone State," and setting forth a pretended reason, entirely different, for this aj^pella- tion. That all who may feel interested in this question, either as one of curiosity or one of history, may more fully com- joreheiid the point at issue, I will reinsert in this article that part of my former one which explained the origin of the term "Keystone" as applied to our State, and also the com- ments on my article by the Philadelphia Telegraph, as pub- lished in the Bradford Reporter of June 16, with the en- dorsement of the editor of that jDaper. Extract from the Athens Gleaner of May 12. Pennsylvania: Why called the Keystone State. — The designation of Pennsylvania as the "Keystone State" originated in the city of Wasliington, near the close of the last century or early in the present. When the seat of the Federal Government was by act of Congress permanently located on the Potomac, commissioners were api)()inted to locate the site of a new city there, who employed a French architect, by the name of L'Enfant, to design and survey it out. Besides the multitude of streets which he mapped out and designated by the A, B, C's and 1, 2, 3's, he also idanned a number of magnificent, broad avenues, running diagonally across them. The three principal of these avenues ran nearly ijarallcl througli the city, from the east branch of the THE APPELLA TION KEYSTONE STA TE. 1 Potomac to Rock Creek, near Georgetown. Of these, the central one was named Pennsylvania Avenue, the one north of it Massachusetts Avenue, and the one south of it Vir- ginia Avenue. Pennsylvania Avenue, as is well known, became the great tlioroughfare of the city, and where it was extended across Rock Creek to Georgetown a stone bridge with a single arch was erected of stones unused in building the walls of the Capitol. In constructing the arch of the bridge, thir- teen ring or arch stones were exposed to view, on each of which were engraved the initials of the name of one of the thirteen original States. Those forming the north side of the arch were N. H., Mass., R. I., Ct., N. Y., and N. J., and those on the south side were Ga., S. C, N. C, Va., Md., and Del. ; while upon the thirteenth, or key-stone of this arch, the initials of Pennsylvania were engraved so con- spicuously as to be seen by all who passed it. From this circumstance Pennsylvania obtained the name, and has since been widely known as the " Keystone State." This bridge has since been destroyed and replaced by others. But it will be long before Pennsylvania ceases to be known by the name she acquired when the key-stone of this arch, in the city of Washington, bore her initials. Extract from the Bradford Reporter of June 16. The Keystone State. — S. Hayden contributed to the Athens Gleaner, a few weeks since, an article on the origin of the appellation " Keystone State." The Philadelphia Tclegra'ph gives another version of the origin, which we think more probable. That paper says : " We notice a foolish error going the rounds of the press re- garding the appellation of the ' Keystone State,' and how Penn- sylvania came to be so called. It would he an endless task to attempt to correct all the stupid mistakes made by newspapers, but this error concerns Pennsylvania directly. According to the 20 A HISTORY OF THE ORIGIN OF voracious lii?torian whose account is before us, Pennsylvania has no better or liiglier right to be called the ' Keystone State' than this : That when the city of Washington was laid out, a certain bridge near Georgetown had its arch fancifully inscribed with the names of the original thirteen States, and that Pennsylvania, having the central place in the arch, was called the keystone by the ijrimitive citizens of those times, and has continued to be called so ever since. This is putting the cart before the horse with a vengeance. We do not deny," continues the Telegraph, " so much of the bridge story as describes the formation of the arch, but we do say (and think it strange even that it should be necessary for us to say) that the device of tlie architect wivs but taken from a historical incident of very great importance. The name, in fact, was derived from the circumstance that Pennsyl- vania cast the deciding vote on the question of American inde- pendence. In Sanderson's ' Lives of the Signers,' it is stated that the vote was taken by the delegations of the thirteen colonies — six of them voted in favor and six against the measure. Tlie delegations from all the colonies, except one member from Penn- sylvania, had voted, and it was discovered that they were equally divided. Upon this simple vote, then, depended the entire ques- tion of issuing the Declaration of Independence. The name of the delegate upon whom so much depended was Jolin Morton, and it is a name that should never be forgotten. John Morton voted atje / and the deed was done. Thus Pennsylvania, by giv- ing the casting vote, settled that important question, and from that circumstance she received the name of the ' Keystone State,' — the thirteenth State, — the block of the arch." The principal facts as given above in my article of May 12, which are denounced by the Philadelpliia Telegra2)h as " a foolish error " and " stupid mistake," were first commu- nicated to me by the late General Peter Force, of Wash- ington, formerly JNIayor of that city, and the well-known author of the "American Archives," wliich were puhiislied by authority of Congress a few years ago, in several quarto volumes. His extensive and rare collection of American d(jcunients has since been purchased by Congress for the THE APPELLATION KEYSTONE STATE. 21 Congressional library. His well-earned fame as an anti- quarian and historian would have justified me in receiving as correct the statement he gave me, that the appellation of " Keystone Stiite " to Pennsylvania had its origin from the initials of this State having been inscribed on the key-stone of the arch of the bridge erected over Rock Creek, as de- scribed in my article under consideration, without any further evidence. He had been a resident of the city of Washington almost from its infancy, was familiar with its early history, and could. give with more accuracy the land- marks of the great leading events that had transpired for the last century than any man then living. He was a lover of historic truth, and was not ashamed to follow where its footi)rints led him. The editor of the Philadelphia Tele- gru-ph must, therefore, either impeach my veracity in this statement, or include him in his denunciation of "foolish errors " and " stupid blunders." I have not a copy of the "American Archives " before me to examine whether there is anything therein given on this subject, but in a work entitled " The Seat of Government of the United States," written by Joseph V. Varnum, Jr., and first published in ^Yasllington in 1848, and a second edition in 1854, it is stated on page 33 of second edition, " That the names of the thirteen States were engraved upon a bridge over Rock Creek, constructed of refuse materials taken from the public buildings, since carried aAvay. That of Pennsylvania was on the key-stone; hence the name, ' Keystone State,' " Here then was the publication of the same fact by Mr. Varnum in his book on " The Seat of Government," pub- lished in the city of Washington, before I had learned of its existence through General Force, In a volume entitled "The Washington Sketch-Book, by Viator," published in New York and Washington in 1864, page 255, the author says, in speaking of the aqueduct 22 A HISTORY OF THE ORIGIN OF bridge wliich at present cresses Rock Creek : " A little above is another bridge, on the site where one was formerly constructed of I'efuse materials from the public buildings. The names of the original thirteen States were engraved upon the arch ; that of Pennsylvania was on the key-stone. Hence the name ' Keystone State.' " Each of these works I have now before me, and each ascribes the origin of the appellation of keystone, to our State, to the same cause whicli General Force had communi- cated to nie. The fact that it originated in the building of the bridge over Rock Creek had passed into history, and was public property, before I presented it to the readers of the Gleaner, in an article on the name of Pennsylvania, collated from historic records. To further sliow that the in- formation I there gave was not new to all intelligent readers, or treated with ridicule by the present historical authorities of the day, I will call the attention of all who are interested in this subject (which the Philadelphia Telegraph truly says "concerns Pennsylvania directly") to the fuUowing extracts from the " Historical Magazine," published in New York. It is the most valuable historical periodical ever published in America, and has long been edited and conducted by those distinguished for antiquarian and historical ability and accuracy. It is devoted to accurate researches in American history, and admits of and invites short queries and answers in relation to any historical points where any of its pati'ons may desire information from others. Its readers, as well as the contributors to its pages, have ever comprised many of the most scrutinizing and intelligent historians of our coun- try, and any attempt to impose falsehood for liistoric truth upon its pages would soon be exposed, and its author de- nounced. In the October No., of 1861, of this magazine, (Vol. V., No. 10, Jjage 316,) the following query was inserted, refer- ring to the former one in 1857. THE APPELLATION KEYSTONE STATE. 23 "Keystone State. — In the 'Historical Magazine' for 1857, page 279, W. D. inquires whether any one can give authentic information who it was that first used the phrase, *The Keystone of the Federal Arch' in reference to Pennsylvania, — the occasion or place where and the time when it was so applied. " Can any answer be given by some reader of the ' Magazine'? J. S. F. " West Chester, Pa." Feeling interested in this item of Pennsylvania history, and being desirous that the account given me of it by General Fox'ce, and that published of it by Mr. Varnum, should pass the scrutiny of the readers of the " Historical Magazine," I sent to the editor of it, over my own signature in initials (S. H.), which was then well known to him and many of his readers, the following answer to the above query, which was inserted in the November No. (Vol, V., No. 2, page 350.) " Keystone State. — The term, I believe, was adopted about the close of the last century, in consequence of the initials of the State being engraved on the key-stone of the arch of the stone bridge that was erected over Rock Creek, between the city of Washington and Georgetown. This bridge, which has since been destroyed, was built of stones brought to build the walls of the first Capitol, and unused for it. Its arch is said to have consisted of thirteen stones, the key-stone of which had engraved on it the initials of Pennsylvania, and the twelve others, those of the other States at that period, one on each. Probably Pennsylvania may have been put on the key-stone from the fact of the bridge being at the termination of Pennsylvania Avenue. S. H." In the April No., 1862, (Vol. VI., No. 4, page 131,) an additional communication was given in the " Historical Magazine," over the signature of D. W., of Philadelphia. "The Keystone State. — If the thirteen original States were arranged in the form of an arch, each State forming a block, Pennsylvania would, from its geographical position, form the 24 A UISTOUY OF THE ORIGIN OF key -stone, — six of the States lying north and east of it, namely, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, and New Jersey; and six south and west of it, namely, Delaware, Maryland, Virginia, North Carolina, South Carolina, and Georgia. D. W." I have given the foregoing extracts a place in this article, that the reader may see, what perhaps the editor of the Phil- adelphia Telegraph and some of his copyists knew not, that however erroneous the statement I gave in the Gleaner may have seemed to them, I had authority for my statement never before to my knowledge questioned, and surely not now weakened by the attempted ridicule of the Philadelphia editor, or the fanciful conclusions he draws from his own misstatements. Does the editor of the Philadelphia Telegraph believe, does my friend of the Bradford Reporter who copies and endorses his misstatements of well-known history believe, and do they imagine their intelligent readers will believe, the statement purporting to be drawn from Sanderson's " Lives of the Signers" to be correct ? This editorial statement is, that when the deciding vote on the Declaration of Inde- pendence was taken by the delegations of the thirteen colonies, (in 1776,) "six of them voted in favor and six against the measure." I have not a copy of Sanderson's " Lives of the Signers" before me, but have grave doubts whether he, or any Ameri- can historic writer of pretended accuracy, has ever stated that the colonies, or the delegates from them, were equally divided on the question or vote, and that six (as the editor states) voted in favor and six against the measure! If the reader will consult any respectable history which gives the proceedings of the Congress of 1776, he will find that a Declaration of Independence of the colonies was dis- cussed from time to time in that body, from the sixth of Juue, when liichard Henry Lee, of Virginia, first formally proposed it, until its final consummation by the unanimous THE APPELLATION KEYSTONE STATE. 25 vote of the colonies through their delegations on the fourtli of July. The draft of the public Declaration, which had iu the meantime been prepared by a special committee, was duly considered in a committee of the whole on the first of July, when, after some verbal amendments, nine of the colo- nies through their delegations in that body voted for inde- pendence. The delegates from nearly all the colonies were acting in the matter under express instructions given them by the authorities of the colonies they represented. The colonial Assemblies of Pennsylvania and Maryland had both instructed their delegates to vote against the measure ; and accordingly the votes of those States were in the committee on tlie first of July cast in the negative. It was highly desirable that the Declaration should be the unanimous act of all the colonies. The friends of the Declaration, therefore, took active measures in those States to have the specific instructions rescinded, in which they succeeded before the fourth, on which the final vote was taken, and each of these colonies, Pennsylvania by a majority and Maryland by all her delegates, gave their colonial assent to the renowned Declaration of Independence on the fourth of July, 1776. Of the delegates from Pennsylvania but five were present on the fourth of July when the final vote was taken, namely : Benjamin Franklin, James Wilson, and John Morton, who voted for the Declaration, and Thomas Willing and Charles Humphrey, who both voted against it. Pennsylvania had also other delegates, who were absent. History records that of the delegates present from Pennsylvania, Mr. Morton gave the casting vote, thei-eby committing this State iu the afiirmative of the question. A fact coincident to this also occurred in taking on that occasion the vote of the Delaware delegation. This consisted of Csesar Rodney, George Read, and Thomas McKean. During the closing discussions on the Declaration, Mr. Rodney, who w^as in favor of it, was absent on important duties in the lower part of the State; 26 A nrsTonr of the origin of while Mr. Read and Mr. McKean, who were present, were known to be divided on the question. The importance of an entire unanimity of the colonies in this congressional action was such that Mr. McKeau sent a special messenger eighty miles for Mr. Ivodney, who reached Philadelphia just in time to vote, thereby, by his casting vote in the delegation from Delaware, succeeding, equally with Mr. Morton in the case of Pennsylvania, in securing the entire unanimity of the colonies for the Declaration. The desire for an entire unanimity in the action of the thirteen colonies through their delegates had been such, that it is asserted by a distinguished historian of i\Iaryland, that the taking of the final vote in Congress had been postponed until the fourth of July, to give the delegates from that colony time to procure tlie rescinding of their former instructions to oppose a vote for independence. This being done by the convention in Annapolis on the twenty-eighth of June, Mr. Chase hastened from there with all speed, and arrived in Philadelphia, like Mr. Rodney of Delaware, just in time to give, with his colleagues from Maryland, the vote of that colony for the Declaration. I have thus given from accredited historical sources such leading fact^ as clearly show the mi-iupprehenaion (to call it by no harsher name) of the editor of the Philadelphia Tele- graph in relation to the taking of the final vote oti the Declaration of Inde])cndence on the fourth of July, 1770. There is not a shadow of historic evidence that can be given that the colonies in the taking of the vote "were equally divided" as he states, nor was any significance given, by those contemporary with those events, to the vote of John Morton of Pennsylvania above that of Ccesar Rodney of Delaware. Each stands recorded as the casting vote in their respective colonial delegations, whereby the unanimous vote of the t'lirdcn colonies was secured. After showing the misstatements of the Philadelphia editor iu relation tu history, I \n)\\ ask the reader calmly to THE A PPELLA TION KEYSTONE ST A TE. 27 judge and say for himself, whetlier tlicre is an item of proof given him, or the sluidow of a reason to be found in his statement, beyond his own assertion wliieh he attempts to base on errors, to sliow that the vote of John Morton liad anything to do with the appellation of "Keystone" to the State of Pennsylvania. If he will show by any historic evidence, that the appellation was ever used previous to the engraving of the initials of Pennsylvania on the key-stone of the arch of the bridge over Rock Creek (and this fact he admits), or even long after that, in connection with Mr. Morton's vote on the Declaration, I will gravely consider whether I have not been believing and spreading a positive error. But there is another view of this question which should be taken to avoid all misapprehension of this use of the terra Keystone as applied to our State. The key-stone is well known as the most important member in the construction of an arch. Did its appellation to our State imply any pre-emiuence above her sister States of the original thirteen ? I think not. The most rational view of it, I think, is taken in the com- munication of " D. W." to the " Historical Magazine," in the April number of 1862, which is given in a preceding column of this article ; that, from the " geographical position " of Pennsylvania, and the method of enumerating the names of the thirteen original States which has ever been used, an arch composed of thirteen segments to represent them w^ould bring the seventh, re2:)resenting Pennsylvania, into the true position of 'the key-stone. Was not this therefore the true reason why the key-stone of the arch of the bridge over Rock Creek bore the initials of the name of Pennsylvania rather than that of any other State, instead of its being, as the Philadelphia editor states, " the device of the architect taken fi'om a historic incident of very great importance," which he proceeds to tell us was the Morton vote cast for the Decla- ration of Independence, and that, " from that circumstance, she received the name of the ' Kevstone State,' — the thir- 28 A HISTORY OF THE ORIGIN OF teentli State, — the block of the arcli ? " When and where, we ask again, had it before been applied to her? Had she then an acknowledged pre-eminence above her sister States, that entitled her to wear such a crown, except as the acci- dental occupancy of a central geographical position ? Much as I honor my own State, I would not remove a landmark of our country's history, or sacrifice truth on the altar of expediency ; and he who will do it is one " who maketh and loveth a lie." A careful examination by the student of American his- tory will, I think, satisfy him that the " Keystone," in its appellation to our State, is but a component part of one of those symbolic representations devised and designed al)()ut the close of the last century to express the federal union of them all. Symbols, emblems, and allegorical representa- tions have in all ages been a favorite method of expressing events, ideas, or principles of great national interests ; and Dr. Franklin, who was one of the masters of this art, thus devised the figure of a snake severed into thirteen ])arts, with the initials of one of the colonies on eacii, witli the inc^tto, "Join or die," beneath it, and ])lac('d it at the head of the newspaper he published in I'hiladelphia before the llevolution. This was the first American symbol expressive of a union which he had the sagacity to see was a political necessity. It was also the antitype of all subsequent devices that have been used to symbolize our American republic. It was the father of our Federal motto, " E Pluribus Unum." When the war of the Revolution had commenced, Frank- lin's device of a disjointed snake, as a newspaper head, was changed to tliat of a figure of a rattlesnake with thirteen rat- tles, and coiled to strike, with the motto under it, "Don't tread on me," and was thus used on some of the flags of the provincial troops. The great idea embodied in thus symbolizing the union THE APPELLA TION KEYSTONE ST A TE. 29 of the colonics, was in unison witli the popuhir sentiment of America at that period. It spoke a language which all understood, and expressed a necessity which all true patriots felt — a Federal union for strength, in which the individu- ality of the component parts might be preserved. From the Sunday Morning, of Philadelphia, of Sept. 11, 1870. THE KEYSTONE STATE : WHY PENNSYLVANIA IS SO CALLED. In the "Historical Magazine" for 1857, page 279, AV. D. inquires whether any one can give authentic information Avho it was that, first used the phrase " The Keystone of the Federal Arch " as applied to the State of Pennsylvania, the occasion or place where, and the time when it was so applied. In the October number of the same magazine, (Vol. V., No. 10, page 316,) the question was again asked by J. S. F., of AVest Chester, Pennsylvania, and elicited a reply from S. Hayden, the historical (?) writer in the Athens Gleaner of Athens, Bradford County, Pa. 'The article appeared May 12th of this year, and gives as the reason Avhy Pennsylvania was called the " Keystone of the Federal Arch " as follows : That some time about the ending of the last or the beginning of this century, a bridge was built across Rock Creek ; that Rock Creek was a stream flowing between the cities of Washington and Georgetown ; that the said bridge was built out of the refuse of the material used in the erection of the " public buildings ; " that the arch of the bridge was composed of thirteen segments ; that each particular segment had the name of one of the original thirteen States inscribed thereon ; that by the merest possible chance the French architect, L'Enfant, who constructed said bridge, placed ihut particular segment with Pennsylcania inscribed on it in the centre of the arch ; hence the name " Keystone State." So much of S. Haydeu's story as relates to the building 3* 30 A HISTORY OF THE ORKJIN OF of the bridge out of the refuse material of the State build- ings, and of the thirteen segments, and each one having engraved upon it tlie abbreviation of a State's name, and tbe ])articular one in tlie centre with Pennsylvania on it, we will admit to be true ; but when S. Ilayden, in his eagerness to establish a reputation as a historian, endeavors to cast aside with sacrilegious hands the traditions that have been handed down from father to son, and from generation to generation, and boldly asserts that Major L'Enfant, by placing the par- ticular segment with Pennsylvania inscribed upon it in the centre of the arch at Kock Creek, gave to Pennsylvania the appel hit ion of " Keystone State," we must certainly add that he really makes an unwamudcd assumption. Major L'l'jnfant, in jjlacing the segment with Pennsylvania inserted on it as the key-stone of the arch at Rock Creek, was merely symbolizing what already existed. At the farthest, it is highly improbable to suppose that our forefathers would travel through two States to an nnfre- quanted country road, in a sparsely settled district, to obtain an appellation for the glorious State of Pennsylvania. The May 12th article was characterized by the Evening Tdrgniph of our city as a "foolish mistake and stupid error," in a short but elaborately written article. The Tele- (/raph's article was copied by the Uradlbrd Bcportei', on June IGth, and received the endorsement of its editor with a comment. The reason why Pennsylvania received the appellation of the " Keystone State," as advanced by the Evening Telegraph, was on account of the casting vote given by John Morton, when the momentous questions involved in the Declaration of Independence were about to be definitely decided. On the 14th of July, the Athens Gleaner, in a six-column article by S. Ilayden, ridiculed the idea about Morton's vote, and fiiniished authorities, etc., for /te Kock Creek bridge no doubt heard this oft-repeated expression, and very appropriately symbolized it upon the bridge he was building. The fitness of the expression has been recognized, by thousands of public speakers in all parts of the State, for over half a century, not one of whom probably ever heard of Rock Creek bridge, with its historical claims of less than twenty years' standing. Aside Irom the historical facts we liave given in regard to the geographical position of the State, and the position of its rei)resentatives in the lievolu- THE APPELLA TION KEYSTONE ST A TE. 4 1 tionary Congress, weliavc traditional testimony wliicli helped to create a spontaneous sentiment in the midst of her peo])le that she was in a still higher sense the key-stone of the arch. In the old Episcopal church-yard in Chester, Pennsylvania, lie the remains of Judge Morton, and upon his tomb is the following inscription : — Dedicated to the memory of John Morton, a member of the first American Congress, from the State of Pennsylvania, assembled in New York, 1765, and of the next Congress, assembled in Phil- adelphia in 1774, and various other public stations. Born A. D. 1724; died April, 1777. This monument was erected by a portion of his relations, October 9, 1845. In 1775, while Speaker of the Assembly of Pennsylvania, John Morton was re-elected a member of Congress, and in the ever memorable session of July, 177G, he attended that august body for the last time, enshrining his name in the grateful remembrance of the American peo- ple by signing the Declai'ation of Independence. In voting by States upon the question of the independence of the American colonies, there was a tie until the vote of Penn- sylvania was given, two members from which voted in the affirmative and two in the negative. The tie continued until the vote of the last member, John INIorton, decided the pro- mulgation of the glorious diploma of American freedom. John Morton being censured by some of his friends for his boldness in giving his casting vote for the Declaration of Independence, his prophetic spirit dictated from his death- bed the following message to them : Tell them that they will live to see the hour when they shall acknowledge it to have been the most glorious service that I ever rendered my country. This monument was erected by his near relatives, some of whom were living when he died. No one will deny that this inscription expresses the traditions of our Revolutionary 4* 42 A mSTORY OF THE ORIGIN OF period as handed dowu to them by him. The men who signed the Declaration of Independence rendered themselves liable to death in case of failure, and their dangerous ^^itua- tion naturally led to family conversations relating to the subject, so that this record has really the force of written testimony. It is well known that there was a great diversity of opinion among the people in regard to the Declaration, and the prob- ability is that the vote occurred as stated on Judge Morton's monument, and was made unanimous after the question had been decided by the majority — a very common practice among deliberative bodies when unanimity is essential to success. The fact that Judge Morton was censured for his vote by the enemies of the Declaration would, and duubtless did, impress the friends of the Union more fully with the idea tliat Pennsylvania occui)ied the key-stone position. Sanderson's " Lives of the Signers," published in 1823, (Vol. VI., page 210,) says: "No wonder, then, that Mr. Morton experienced the most intense anxiety of mind when he was required to give the casting vote of the Pennsylvania delegation — a vote which would either confirm or destroy the unanimity of the Declaration of Independence." Lieber's " Encyclopaedia Americana," published in 1832, (Vol. IX., page 57,) says : " Mr. Morton gave the casting vote of Pennsylvania in favor of independence," and characterizes it as " an act of signal intrepidity." Lossing's " Lives of the Signers," published in 1848, says: "Mr. Morton was called on officially to give the casting vote of Pennsylvania; that it was a solemn responsibility thrown on him ; it was for him to decide whether there should be a unanimous vote of the colonies for independence; but he firndy met the responsibility and voted ' yes,' and from that moment tlie united colonies were declared independent States." There is much other authority to prove that Pennsylvania voted last, and made the Declaration unanimous. This fact. THE ArPELLA TION KE Y STONE ST A TE. 43 coupled with her geographical and legislative position, could not luive failed to bring to the miuds of many the old idea of the unity and strength of the arch and its key-stone, and cause them, in the fervor of patriotic feelings, to claim for Pennsylvania this proud position. The events we have recited enlisted the strongest sympathies of the people at the time of their occurrence, and the prominent place occupied by Pennsylvania must have possessed the minds of all with the appropriateness of the insignia the moment it was uttered. Who first gave a public expression to the idea is not known. It might have occurred to the minds of hundreds of jieople in every county of the State at the same time. It certainly rests on geographical, historical, and traditional grounds, and we therefore think the antiquarian who still clings to the Rock Creek bridge story deserves to be elected a member of the celebrated Pickwick Club. From the Delaware County American of February 1, 1871. A LEGEND OF THE DECLARATION. BY GEORGE M. VICKERS. Almost a hundred years have fled Since brave Columbia burst the chains That tyranny and avarice wed. Then liberty was yet a dream — A liynm still sung in whispered strains — A first gray dawn, a herald beam Of Freedom's sun. 'Twas then oppression's ruthless hand Was striving to regain its prey, And spread dismay throughout the land. Heroic souls at once convened To crush a hated monarch's sway, Whose dastard rule had fully weaned His subjects' love. 44 A inSTOR Y OF THE ORIGIN OF Eacli colony lier chosen sent To Pliiladclphia's spacious hall, The people's will to represent. Success would crown them Patriots brave — One thing was needful to them all, Or each might find a (raitor'e grave — 'Twas unanimiti/. The Continental Congress met ; Each delegate had said his say Save one, who had not spoken yet. "With us the vote remained a tie: Good Pennsylvania held the sway — 'Twas she who now must cast the die, To wreck or save. John Morton 's called ; all eyes are strained - The Federal Arch is almost built — The arch tliat Freedom's God ordained. He voted right, all undismayed E'en though his true heart's blood be spilt- And thus he nobly, safely laid The key-stone. And so the mighty deed was done, That makes us what we are to-day, 15y which our sovereign right was won. John Morton gained eternal fame; 'Twill last with Independence Day, And Pennsylvania gained a name — The " Kevstone State." From the New York World, February 21, 1871. THE KEYSTONE STATE. It seems tliat a controversy has sprung up in regard to tlie origin of this designation as applied to the State of Peiinsylvaiiia. In ]\Iay last, a gentleman in Pennsylvania, Mr. S. Ilayden, published a communication in the Athens THE A PPELLA TION KB YSTONE ST. 1 TE. 4 5 Gleaner, iii which he assigned the origin of this [jhruse to the fact that at the close of the last century, while the pub- lic buildings were in progress in Washington, a part of the stone material that was not needed or was rejected was used to l)uild a bridge over Rock Creek, between Washiugton and Georgetown ; that this bridge had an arch composed of thirteen stones, on the face of each of which the architect caused the name or initials of one of the thirteen States of the Union to be carved ; that as he commenced in the usual order in Avhich the States were always recited, according to their geographical positions, the name of Pennsylvania hap- pened to be placed on the key-stone, or middle stone, of the arch. Hence sprung a popular habit in that locality of speaking of Pennsylvania as the " Keystone State." This bridge, in the lapse of time, gave way to another, and the stones bearing the names or initials of the States disappeared. But the popular use of this phrase continued and spread all over the country. This account of its origin may well be received as correct, since it had the sanction of the late Colonel Peter Force, of Washington, who remembered the bridge, and who was a perfectly accurate and trustworthy antiquarian. It was he who gave this origin of the popular phrase to Mr. Haydeu. But this account did not suit the dignity of Pennsylvania. The Philadelphia Telegraph attacked it as absurd, and the rural papers of Pennsylvania echoed and endorsed the theory of the Telegraph, which is the following: The existence of the bridge, the arch with its thirteen stones, the names of the thirteen States engraved on them, one on each, — Penn- sylvania being on the key-stone, — are not denied. But it is claimed that the architect gave this place of honor to Penn- sylvania to commemorate " a historical incident of great importance." This incident, important enough, if true, was the casting vote given by the State of Pennsylvania, in the Congress of 1776, in favor of American independence. 46 A HISTORY OF THE ORIGIN OF Considering tlie fact that the delegation of Pennsylvania were with difficulty got to vote for independence at all, this claim by some of their descendants, that she by her " casting vote" decided the question, is — modest. Unhappily for this theory, tliere was no casting vote about the matter. There was no tie at any time, either when Ricliard Henry Lee's resolution was passed in committee of the whole, or when it was afterwards passed in the Congress. Although the journals do not record the votes, Mr. Jefferson, Avho could not be in error about a matter in which he bore so great a part, and who wrote his autobiography in 1821, when he was no older than seventy-seven, has left a circum- stantial account of the proceedings relating to independence, which explodes this modern Pennsylvania claim of a casting vote into utter nonentity. Lee's famous resolution, " that these united colonies are, and of right ought to be, free and independent States," etc., was introduced in Congi'ess on the 7tli of June, 1776. But its consideration was postponed until the 1st of July, to give time to prepare some of the doubting colonies for so great a step. A committee, however, was appointed to pi-epare a Declaration of Independence. This document was re})()rtcd by Mr. Jefferson on the 28th of June, and was then laid upon the table. Lee's resolution was taken up on the 1st of July in committee of the whole. It was debated through tlie "whole day in secret session, John Adams making for it that remarkable speech which Mr. Webster, from the scanty material of a letter written the next day by Mr. Adams to liis wife, imitated with so much power of thought and ex- pression that the supposititious speech passed for a long time as a report of the genuine oration. The vote was taken at the close of the day, and Mr. Jefferson says that the resolu- tion received the votes of nine States, namely: New Hamp- shire, Connecticut, Mas.posed that his- torians would, at the risk of their reputation as such, and at THE APPELLATION KEYSTONE STATE. 87 a loss of years of toil, make use of matter in their respective works which had no foundation in fact. Thomas McKean, in speaking of " false colors " and " culpability," no doubt referred to numerous errors then extant concerning the vote on the Declaration. From the Sunday Dispatch of October 1, 1871. "Fourth of July." — What contemporaneous authority has Mr. Westcott, in his " History of Philadelphia," for the statement that Caesar Rodney was in his place in the Conti- nental Congress on the second of July, 1776? If Csesar Rodney did not arrive in Philadelphia until the fourth of July, (see Thomas McKean's letter to Rodney's nephew, Brotherhead's '' Book of the Signers," page 67,) what au- thority has he for the statement that Delaware voted for the Declaration on the second ? In referring to the letters writ- ten by John Adams to his wife on the day following the Declaration of Independence, historians differ as regards the date — some giving it as the third, and others as the fifth of July. Where can the original letters be seen, or n fac- simile of them be had ? Also, what book contains a copy of the letter written by Elbridge Gerry on the fifth of July, 1776, to General Warren? .... It is true that Thomas McKean, in his letter to Csesar Rodney, which was writ- ten August 22, 1813, — being more than thirty-seven years after the Declaration of Independence, — after stating that he had sent an express to Ca3sar Rodney when the vote, on the first of July, upon Lee's resolution was taken, says that the latter came in the State House on the fourth of July, 1776. But this statement, although correct as to the cir- cumstances connected with Rodney's coming from Dela- ware, is incorrect in the date, as is shown by other evidence. McKean himself speaks of the proceedings on the first of 88 A HISTORY OF THE ORIGIN OF July, wlieu Delaware was divided, after whicli he sent to Koduey. But the vote of the latter, as is evident from the context of McKeau's letter, was given upon the resolution of independence, to secure the passage of which the pres- ence of Kodney was necessary. It has been assumed that Kodney was at some great distance in Delaw^are ; but there is nothing to show where he was on the first of July. He might not have been in Delaware at all. Mr. Jefferson's notes — which are the nearest contemporary evidence which "we have — are very clear upon the point of the position of Delaware upon the resolution of independence. Thus he says, speaking of proceedings on the first of July, 177G, upon Lee's resolution of independence, (see Randall's " Life of Jefferson," Vol. I., pages 169-170:) South Carolina and Pennsylvania voted against it. Delaware had but two members present, and they were divided. The dele- gates from New York declared they were for it themselves, and Avere assured that their constituents were for it; but that their instructions having been drawn nearly a twelvemonth before, when reconciliation was still the general object, they were en- joined to do nothing wliich would impede that object. They therefore thought themselves not justifiable in voting on either side, and asked leave to withdraw from the question, which was given them. The ultimate question — whether the House would agree to the resolution — was postponed to the next i\i\y, when it was again moved, and South Carolina concurred in voting for it. In the meantime a member had come from the Delaware counties, and turned the vote of that colony in favor of the resolution. Mem- bers of a different sentiment attending that morning also from Pennsylvania, her vote was changed, so that the whi)le twelve colonies who were authorized to vote at all gave their voices for it; and within a iew days the convention of New York approved of it, and thus supi)lied the void occasioned by the withdrawing of her delegates from the vote. THE A PPELLA TION KE YSTONE ST A TE. 8 9 John Adams confirms tliis statement, as to tlie vote of Delaware having been given on tlie second of Jnly, in his letter to his wife, dated Jnly 3, 1776, in which he says: " Yesterday, the greatest question was decided which ever was debated in America ; and a greater never, perliaps, was, nor will be, decided among men. A resolution passed, ivith- out one dissenting colony, that these colonies are, and of right ought to be, free and independent States." It will be seen, therefore, that there was no dissenting colony on the second of July, which, if the vote of Delaware had been divided between Read and McKean, there would have been. Ilod- ney's vote took Delaware out of the position of a dissenting colony. The letter of John Adams, we know, is frequently quoted with the date, " July 5, 1776." This is an error which can only be accounted for by the supposition that, in the numerous republications which have been made of it, some patriotic compositor or proof-reader who found the date July 3, and was ignorant of the great importance of the resolution passed on the second of July, and who naturally supposed that Mr. Adams must have referred to the Decla- ration, changed the data in order to make it — as he sup- posed — correct. In this blunder, we are sorry to say, the compiler of the matter contained in the collections of the Historical Society of Pennsylvania has allowed himself to be deceived. The true date is July 3, 1776. The subject- matter is the resolution passed on the second, and the letter will be found correctly printed in " The Work of John Adams, second President of the United States, wuth the life of the author, notes and illustrations, by his grandson, Charles Francis Adams," (Vol. HI.) The letter of El- bridge Gerry to James Warren, which shows that New York did not vote on the question of independence on the first, second, or fourth of July, 1776, will be found in Austin's " Life of Elbridge Gerry." 8* 90 A HISTORY OF THE ORIGIN OF From the Sunday Dispatch of October 8, 1S71. "D. W." — The pertinacity with which "Keystone State" adheres to the baseless tradition of John Morton's casting vote is truly surprising. In his communication published on the twenty-fourth of September, he gives an extract from Thomas McKean to John Adams, setting forth that on the first of July Pennsylvania voted against independence, and that Delaware was divided — McKean voting for indepen- dence and Read voting- against it ; that he sent an express for Ctesar Rodney, who reached Philadelphia on the fourth of July ; after which he adds that " the question was taken. Delaware voted in ftvvor of independence. Pennsylvania (there being five members present) voted also for it." And to this " Keystone State " appends, in parentheses, the words, " meaning, of course, last." Nothing of the kind can be in- ferred from Mr. McKean's letter. As the other States had always voted for independence, (except New York, which did not vote, owing to the want of instructions,) there was no call to speak of more than Pennsylvania and Delaware. It is to be presumed that they voted then as on all other oc- casions, beginning with New Hampshire and ending with Georgia, in which order the names of the signers are ap- pended to the Declaration. o>*ic Extract from an article, enlftled, "Causes wliieh led to An^eriean Independence," in the Sunday Mercury of No- vember li2, 1871. The next person to whom our attention is directed is John Morton, a signer from Pennsylvania. It is a well-known and established fact, that he gave the casting vote of the Pennsyl- vania delegation, on the fourth of July, in favor of indepen- dence ; thereby, as Thomas McKean says, securing unanimity, — an all - important point. After the vote had been taken THE APPELLATION KEYSTONE STATE. 91 in the committee of the whole, on the first of July, it was certain that Pennsylvania would, by a majority of her dele- gation, be against independence. It, tlierefore, became necessary to use means to secure her assent. One dissenting colony, and the most disastrous consequences might ensue. The fourth of July dawned ; Congress assembled ; all the States, except Delaware and Pennsylvania, had voted. Han- cock purposely delayed calling them until he was sure of their votes. Csesar Rodney, in his boots and spurs, arrived, and, along with McKeau, secured Delaware. Hancock still delayed, for there were only four of the Pennsylvania dele- gation present. Two of them were in favor of, and two op- posed to, independence. It has been asserted that Samuel Adams used his influence to keep Morris and Dickinson away ; but another vote was necessary. The absentee was John Morton. He was being importuned by his friends, who thought only of their interests, to vote against the measure. They followed him to the hall, and in the entry leading thereto, in reply to a well-meaning friend, he said : " Yes, sir, I will vote for independence; and you will live to see the day when you will acknowledge it to have been the most glorious service that I have ever rendered my country." He reiterated the same sentiment on his death-bed. He en- tered; Hancock saw him, and Pennsylvania was called, and he decided the ])romulgatiou of that document which has taken its place among the gnsatest State papers ever pro- duced by the pen of man. John Morton was honored by several places of trust prior to his admission to Congress. Unfortunately for him, he was the first to die after the adoption of the Declaration, thereby cutting short a life which must have been more highly honored in the years following his casting vote. 92 A HISTORY OF THE ORIGIN OF Extract from an article, entitled, "Causes which led to American Independence," in the Sunday IVIereury of No- vember 19, 1871. The fourth of July, 1776, dawned — the day upon which the Magna Charta of Freedom was to be tried for its life. It was pregnaut with unknown events ; the happiness and prosperity of the members themselves, and of their posterity, depended upon their determination, their hearty approval, and unanimity. It was a grand document, and destined to work out a greater result in the advancement of the human race, than any political protocol which had ever preceded it. Its language was plain and unequivocal; there was no sophistry in its reasoning, no hidden or unmistakable meaning in its phrases. It was a plain and frank relation of their wrongs, and a determined people were willing to be the executives in carrying its principles to a full and glorious fruition. They were equal to the emergency. They had been reared in the lap of toil and hardy adventure, and felt that trying and bloody scenes would ensue. The ire of an insulted kingdom, against W'hich rebellion in its broadest acceptation was to be instigated, must be appeased or successfully resisted. Either the hitherto considered invincibility of England's military prowess was to be rent asunder, or his majesty's unruly sub- jects in America reduced to a condition worse than slavery, and their leaders hung for treason. Tyranny and despotism must either receive decisive checks, or freedom be riveted in eternal chains. There were present in Congress, on the fourth of July, forty- nine members. Rodney had arrived from Dover, Del.; and Thomas McKean, in the letter referred to above, says : " I sent an express for your honored uncle, Cicsar Rodney, Esq., the remaining member from Delaware, whom I met at the State House door, in his boots and spurs, as the members were assembling. After a friendly salutation, without a word on the business, we went into the hall of Congress THE A PPELLA TFON KEYSTONE STA TE. 93 together, and found we were amoDg the hite.st. Proceedings immediately commenced, and after a few minutes the great question was called. Your honored uncle rose and said : *As I believe the voice of my constituents, and of all fair, sensible, and honest men, is in favor of inde])endence, and as my own judgment concurs with them, I vote for indepen- dence,' or words to that effect." There were only five members occupying their seats from Pennsylvania on the fourth of July, (Dickinson and Morris being abseut.) She, therefore, voted for it — Messi's. Hum- phreys and Willing in the negative, and Messrs. Franklin, Wilson, and Morton in the affirmative. With regard hereto, there seems to be a great difference of opinion. By almost every historian, and by every biographer of the signers of the Declaration of Independence, to Mr. Morton has been as- signed the honor of giving the casting vote of the Pennsyl- vania delegation on that great question ; while, on the other hand, divers newspaper writers contradict the same, striving tliereby to throw a doubt upon the veracity of the historians. As far as the researches for the preparation of these articles are concerned, the reader will reap the benefit, and be allowed to judge for himself. In Sanderson's "Biography of the Signers," published in 1823, (Vol. VI., page 209,) a contribution of Robert Wain, Jr., revised and verified by the author, will be found the fol- lowing of Judge John Morton : " But the point on which his claims to the grateful recollection of posterity principally depends, is involved in the act of granting his support and affixing his signature to the Declaration of Independence," and that, " in deliberating on the momentous subject of in- dependence, Mr. Morton found himself called upon to act with firmness and decision on a most trying and responsible occasion. It is a fashionable thing at the present day, and one which constitutes a large proportion of the pseudo patriot's claims to distinction, to rail without mercy or discrimination 94 A niSTORY OF THE ORIGIN OF against all those who at any time — either before or after its adoption — have dared to breathe a suggestion against the Declaration of Independence. In this sweeping condemna- tion, there is no distinction made between those who opposed the principles of the measure, and those who doubted its expediency at the particular moment of its adoption. "Now, a respectable portion of the most earnest and un- shaken advocates of the cause — men who never were and never could be doubted as pure and irreproachable patriots — were averse to sealing the separation of the two countries without a further and moi'e serious consideration of a sub- ject so pregnant with fearful and unknown events. No wonder, then, that Mr. Morton experienced the most intense anxiety of mind when he was called upon to give the casting vote of the Pennsylvania delegation, — a vote which would either confirm or destroy the unanimity of the Declaration of Independence, — a vote involving the important decision whether the great State of Pennsylvania should or should not be included in the league which bound her sister colonies together. On the fourth of July, 1776, when the question was about to be decided, interest was excited with regard to the States of Delaware and Pennsylvania, which had pre- viously voted in opposition to independence. The opportune arrival of Mr. Rodney secured the voice of Delaware, and the absence of two adverse members of the Pennsylvania delegation reduced it in number to five — these were Wilson, Franklin, Humphreys, Willing, and Morton. Messrs. Wilson and Franklin were decidedly in favor of, and Messrs. Hum- phreys and Willing opposed to, the measure. Everything rested on the determination of Mr. INIorton ; the interests of one of the largest States on the continent were at stake ; its secession from the common cause might have been produc- tive of the most pernicious consequences ; and the honor of the country and of the cause demanded cordiality and una- nimity. He enrolled his vote in favor of independence; but THE A PPELLA TION KE YSTONE ST A TE. 9 5 the mental anxiety Avhicli he experienced in so novel and solemn a situatiou, and the great respons^ibility which he had incurred, in case the measure should be attended with dis- astrous results, preyed upon his peace, and is confidently said to have accelerated, if it did not cause his dissolution." Lossing, in his " Lives of the Signers," published in 1848, page 113, says : The delegation from Pennsylvania then present were equally divided in opinion upon the subject of independence, and Mr. Morton was called on officially to give a casting vote for that State. This was a solemn responsibility: it was for him to decide whether there should be a unanimous vote of the colonies for independence. Appleton's " New American Encyclopaedia," Vol. II., page 759, says : John Morton signalized himself by giving the casting vote of Pennsylvania in favor of independence. AVilliam Allen, D. D., in his "American Biographical Dic- tionary," published in 1809, revised and corrected in 1829, page 596, says : He (John Morton), in 1776, voted in favor of the Declaration of Independence. Had he voted on the other side, the voice of Pennsylvania would have been against the Declaration, as the other delegates were equally divided on the subject. The testimony in attestation of the above is voluminous, and would worry out the patience of any reader who is not particularly blessed with an overstock of Job's great virtue. Step by step, as Ave proceed, it is our intention to sift every- thing, give it its true coloring, and enable the reader to form his own ideas as to which is and which is not the true history of the "promulgation of the glorious diploma of American freedom." 96 A HISTORY OF THE ORIGIN OF Extract from an article, entitled, "Causes which led to American Independence," in the Sunday Mercury of No- vember 26, 1871. It has been stated that all the history of the casting vote was devised or originated from a lie on a tombstone, — mean- ing, of course, the inscription on John Morton's tomb. The absurdity, and, it might be added, the utter falsity of this asser- tion is plainly discernible when it is remembered that Sander- son's "Biography" was published in 1823, and the monument was not erected until 1845 — twenty-two years afterwards. In preparing these articles, it was the intention of tlie writer to enlighten the public mind upon important transac- tions concerning the Declaration as nearly as possible, and give the facts as they really occurred, no matter whom or what they might affect. In searching after matter, much has been found stowed away on the dusty shelves of our libraries that was con- sidered important, and which will have a tendency to bring out of obscurity the true history of the Declaration of In- dependence. It is impossible to state upon what grounds the descendants of Morton based the truth of the epitaph engraved upon this monument. It may have been a family tradition handed down from father to son, and probably ex- aggerated with each succeeding generation — the proofs of which may have long since been destroyed. Be that as it may, in an old work by Paul Allen, Esq., entitled the " History of the American Revolution," published in 1819, Vol. I., pp. 844, 345, (Mercantile Library, 26 A, No. 3,) the following was found, and it proves that the Morton family had good historical auth(n-ity for placing the epitaph on the tomb of their honored ancestor. If they did not derive their knowledge from Paul Allen's history, so much the better, for then the one corroborates the other. The follow- ing is the extract: On the day agreed upon for the consideration of Mr. Leo's motion, the first of July, Congress resolved itself into a committee THE APPELLATION KEYSTONE STATE. 97 of the whole. Tlie debate contimieil for three daj/s with grout warmth. It had been dotcrmincd to take the vote by colonics, and as a master-stroke of jjolicy — tlie author of which is not known to history — it had been proposed and agreed that the deci- sion on the question, whatever might be the real state of the votes, should appear to the world as the unanimous net of Congress. On the first question, six of the colonies were in the affirmative and SIX in the negative. Pennsylvania being xvithout a vote, by a division of her delegates. What an awful moment was this for tiie sanguine friends of freedom ! In this state of the business, it is said, on au- thority of evidence afterwards adduced before the British Parlia- ment, that one of the delegation was brought over to the side of independence. Sanderson, Lossing, Appleton, Blake, and Wm. Allen, D. D., are more explicit in their description ; and we are led to believe that the " one of the delegation " referred to by Paul Allen was John Morton. If a proper view of this matter is taken, there can be no inconsistency about the statement. If the reader is unprej- udiced, and on the j)roduction of proof will be convinced, he or she must certainly conclude that when five persons vote, (the number of the Pennsylvania delegation in Con- gress on July 4th, 1776,) some one of them must have voted last ; and if two voted one way, or in the aflirmative, and two another, or in the negative, the one who had yet to vote had the deciding of the question either one way or the other. If he voted in the negative, it Avould be so decided, and vice versa. It may be that no particular honor was awarded John Morton at the time, for voting for that which he was known to favor. But, dear reader, remember, with Sanderson and Lossing, and numerous other writers, That it was a vote which would confirm or destroy the unanimity of the Dec- laration of Independence; that it was a fearful and solenm responsibility ; that, in the event of ill-success, it would be indirectly traceable to him, and you can imagine his feelings, 9 G 98 A HISTORY OF THE ORIGIN OF and not wonder tliat the dark days which followed its passage on the fourth of July hastened his dissolution. It has heen contended that no particular honor should be ascribed to John Morton for voting for independence on the fourth of July, when he had already voted for it on the first. This is an exceedingly small view of the matter — a reflec- tion on the actions of statesmen in a broad sense. No man who desires to send down to posterity a character unsullied, would legislate, in times like those, to benefit the few, in direct opposition to the wishes of the many. On the first of July, John Morton merely represented his constituents. He had favored independence when he thought it could be successfully accomplished. His constituents knew this, and he was returned to the bod}^ who were to deliberate on this important measure. Like many other great men, he thought the time had come, and when, on the fivst of July, the meas- ure was proposed, in the presence of the whole Pennsylvania delegation he voted in its favor, and was among the minority. On the fourth of July, the circumstances were widely dif- ferent : the whole Pennsylvania delegation were not there, or, if they wer3, they did not occupy their seats. Morris and Dickinson were the absentees. Hence the Pennsylvania delegation consisted of but five men, two of whom — viz.: Messrs. Willing and Humphreys — were known not to favor the Declaration. When the name of John Morton was called, he rose to record his vote. What tongue can de- scribe his feelings? His vote was the last vote of that grand body. Every State had recorded its vote for indepen- dence, with the exception of Pennsylvania. All her delega- tion had voted except him. Two to two the record stood — a tie vote. It was for him to decide. He felt that the dele- gation as a whole were opposed to independence ; the ad- monitions of his friends had made an impression on him ; he knew that oa him solely and alone depended unanimity in the all-important measure. Truly, the key-stone wavered above its position. In direct opposition to the known wishes THE APPELLA TION KE YSTONE STA TE. 9 9 of a majority of his delegation, he voted " yes," and at that moment the compact was sealed — the Federal arch, which has since withstood the shock of both foreign and civil war, was complete. All honor to the memory of John iNIorton ! It has been contended, and is laid dow'n in standard histories, that the New York delegation did not vote on the fourth of July, 1776. While it is true that they were instructed by the Provincial Congress of the State of New York to withhold their mere acquiescence for awliile, yet, so far as their action on the fourtli of July was concerned, they all voted excepting Alsop. The following extract is from a letter to Mr. Dallas, of Pennsylvania, from Thomas McKean, and bears date Sep- tember 26, 1796 : Modesty should not rob any man of his just honor, when, by that honor, his modesty cannot be ofl'ended. ^ly name is not in the printed journals of Congress as a party to the Declaration of Independence, and this, like an error in the first concoction, has vitiated most of the subsequent publications; and yet the fact is, that I was then a member of Congress for the State of Delaware, was personally present in Congress, and voted in favor of inde- pendence on the fourth of July, 1776, and signed the Declaration after it had been engrossed on parchment, where my name, in my own handwriting, still appears. Henry Wisner, of the State of New York, was also in Congress, and voted in favor of independence. This allusion is made to Henry Wisner because he was a member of Congress when they expressed their approbation of the Declaration of Independence, and voted in favor of it. But before the engrossed copy was signed by the several members, he had left Congress, and thus failed of affixing his name to that memorable instrument. The New York signers were William Floyd, Philip Liv- ingston, Francis Lewds, and Lewis Morris; and at pages 184, 190, 195, and 201 of Goodrich's " American Biography," it will be found that each of the above voted for the Declara- tion of Independence on the fourth of July. 100 A HISTORY OF THE ORIGIN OF Extract from an article, entitled, "Causes -which led to American Independence," in the Sunday Mercury of De- cember 3, 1871. The following; extract from Goodricli's "American Biog- raphy," page 201, is further proof that the New York delegation voted on the fourth of July, 1776, for the Decla- ration of Independence, and also a corroboration of the statements heretofore made. After enumerating the numer- ous public services of Lewis Morris, a member of the New York delegation to the Continental Congress, Goodrich says : " But, notwithstanding this prevalent aversion to a sep- aration from Great Britain, there were many in the colony who believed that a declaration of independence was not only a point of political expediency, but a matter of para- mount duty. Of this latter class, Mr. Morris was one ; and, in giving his vote for that Declaration, he exhibited a patriotism and disinterestedness which few had it in their power to display. He was at this time in possession of an extensive domain within a few miles of the city of New York. A British army had already landed from their ships, which lay within cannon-shot of the dwelling of his family. A signature to the Declaration of Independence would insure the devastation of the former and the destruction of the latter. But upon the ruin of his individual property he could look with comparative indifference, while he knew that his honor was untarnished, and the interests of his country were safe. He voted, therefore, for a separation from the mother eouiitrij, in the si)irit of a man of honor and of enlarged benevolence. It happened as was anticipated. The hostile army soon spread desolation over the beautiful and fertile manor of Morrisiana. His tract of woodland of more than a thousand acres in extent, and, from its proximity to the city, of incalculable value, was destroyed ; his house was greatly injured, his fences ruined, his stock driven away, and his family obliged to live in a state of exile. Few men THE APPELLATION KEYSTONE STATE. 101 during the Revolution were called to make greater !^acrificcs than Mr. Morris ; none made them more cheerfully. It made some amends for his losses and sacrifices that the colony of New York, vrhich had been backward in agreeing to a declaration of independence, unanimously concurred in that measure by her convention, when it was learned that Congress had taken that step." Also, in reference to the same gentleman, the following corroborations of the above will be found in Sanderson's " Biography of the Signers of the Declaration," Vol. IX., page 145 — the life of Morris in said volume being the con- tribution of the Hon. Edward Ingersoll : "Although the colony of New York had been backward in agreeing to the proposed attempt to establish a govern- ment independent of the mother country, yet, finding such a step had been taken Avith the concurrence of nearly all the other colonies, the people of this one immediately pronounced their acquiescence and pledged their support. The conven- tion at White Plains resolved unanimously, on the ninth of July, that the reasons assigned by the Continental Congress for declai'ing the united colonies independent States were cogent and conclusive; and that, while they lamented the cruel necessity which rendered that measure unavoidable, they approved of the same, and would at the risk of their lives and fortunes join with the other colonies in supporting it. The delegates from that colony to the Continental Con- gress, who had ventured, in anticipation of this sanction, to vote for the Declaration, (on the fourtli of July, 1776,) had thus the gi-atification to learn that their conduct was not disapproved at home." And further : The mistake about signing the Declaration arises from confounding the original manuscript with the engrossed copy. It has been stated that the original manu- script was signed only by John Hancock and one Thompson, 9* 102 A HISTORY OF THE ORIGIN OF Secretary ; wliereas, if we can believe Conrad in his revised edition, (see extract above given, and Smucker in his " Life of Jefierson,") the original was signed on the fourth of July. The following is from Smucker's " Life of Jefferson," page 69 : " The Declaration, as amended in the committee of the whole, was reported to the House on the fourth. It was unanimously adopted and signed by every member present except Dickinson, of Pennsylvania. On the twentieth of July, Pennsylvania revised her list of delegates, and left Dickinson out. The Declaration was ordered to be engrossed on the nineteenth. On the second of August it was produced, and compared with the original, and signed again by those whose names were appended to the manuscript copy in addition to the new members." If Smucker is correct, Henry AVisner, of New York, must have signed the original Declaration. Extract from an article, entitled, "Causes which led to Anneriean Independence," in the Sunday Mercury of Jan- uary 1, 1872. Every member who signed the Declaration of Indepen- dence on the second of August, solemnly certified to the world that it was the unanimous Declaration of the thirteen colonies in Congress assembled July 4, 1776. That they so meant to be understood is clearly shown by the several let- ters of Thomas McKean (himself a signer) on the subject heretofore referred to, wherein he entirely ignores Lee's res- olution, which was adopted on the second of July. He explained in these several letters what was done in the com- mittee of the whole on the first of July, viz., that every colony voted in said committee except Delaware and Pennsylvania for independence ; and, that unanimity might be obtained, the further consideration of the Declaration was postponed until the second, the next day; and that the committee, by THE APPELLATION KEYSTONE STA TE. 103 request of their chairman, had leave to sit again ; and that on the second the committee were unable to report for the same reason. The question was in a simihir manner post- poned until the tliird, and on the third postponed until the fourth, when the said committee formally reported the Decla- ration to Congress, and in that body the final vote was taken, and it received the sanction of every colony by a majority of the delegates then present. " By this delay," says McKean, " unanimity in the adop- tion of the Declaration was obtained," which he characterizes as an all-important point ; and further uses that language which every biographer of the signers of the Declaration of Independence in sketching the life of John Morton uses, viz., " The dissension of a single colony might have been fraught with the most serious consequences." The " Journal of Con- gress " itself shows there was no vote on the Declaration until the fourth of July, 1776, when it was unanimously adopted: and we have no evidence of how the colonies stood on the first of July in committee of the whole, except that furnished by Thos. McKeau in his subsequent writings. The " Jour- nal of Congress " and McKean's writings harmonize perfectly. If New York did not vote on the fourth of July, she occu- pies the unenviable position of not having voted at all, as that was the day upon which the last and final vote was taken on the measure. The action of the New York Con- gress at White Plains was not received until July 15th by the Continental Congress, which time, it is contended, was the date upon which it became the unanimous act of the thirteen States. If this be a fact, the wise and sagacious statesmen who ordered the Declaration to be engrossed on parchment as the " unanimous Declaration of the thirteen United States of America, July 4th, 1776," as per resolution of the nineteenth of July, loaned their names to a lie, and corroborated it as such when they signed it on the second of August following:. 104 A HISTORY OF THE ORIGIN OF Froni the Sunday Mercury of January 14, 1872. LET THE FACTS SPEAK. Messrs. Editors. — Having read with interest the series of articles, entitled, " The Causes which led to American In- dependence," recently published in the Philadelphia Sunday Mercury, (being familiar with the subject discussed, and de- siring to see things righted,) I shall, with your kind permis- sion, correct an error which the author has fallen into, as have several would-be historians in their contributions to the Sunday Dispatch. I allude to the two letters written by John Adams to his wife in July, 1776, relative to the Declaration of Independence. While the American people, as a mass, correctly believe that the Declaration was unanimously adopted on the fourth of July, and that delegates from the whole thirteen colonies on that day voted on the measure, there are a few superan- nuated fossils who persistently contend that the second of July was the Birthday of Freedom — confounding Lee's resolution Avith the Declaration ; and, in order to suj^port their j^et theory, date both letters July od, and flourish them aloft as indispu- table evidence of what they assert. The blunder is traced back to Col. Peter Force, who, Avhen compiling "American Archives," mistook the figure 5 for a 3, from which it would appear that Adams on the same day — July od — wrote two lengthy e})istles to his wife, the contents of which being Avholly inconsistent. Such, however, is not the case. The following brief explanation Avill convince the most obstinate adherents to the " mythical 2d " that they are in the wrong. "The Journal of Congress of July, 1776," published in 1778 by John Dunlap, by order of the committee appointed to superintend the publication of said Journal, by resolution of Congress of May 2, 1778, (Vol. II., p. 238,) says : IMoiiday, July 1, 1776. — The order of the day being read, Resolecd, That this Coiigress will resolve itself into a committee THE APPELLA TION KE YSTOXE STA TE. 1 05 of the wliole, to tnkc into consideration the resolution resi)ectiiig independence, and that tlie Declaration be referred to said com- mittee. The Congress resolved itself into a committee of the whole. After sonic time the President resumed the chair, and Mr. Harrison reported liiat the committee had come to a resohi- tion, which they desired him to report, and to move for leave to SIT AGAIK. The resolution agreed to by the committee of the whole being read, the determination whereof was, at the request of a colony, postponed until to-morrow. So much for the first of July. Now let us sec what was (lone on the second. Same volume, p. 239 : July 2, 1776.— The Congress resumed the consideration of the resolution reported from the committee of the whole, which was agreed to, as follows: Resolved, That these united colonies are, and of right ought to be, free and independent States ; that they are absolved from all allegiance to the British crown, and all political connection between them and the State of Great Britaiu is, and ought to be, totally dissolved. Agreeably to the order of the day, the Congress resolved itself into a committee of the whole ; and after some time the President resumed the chair, and Mr. Harrison reported that the committee have had under con- sideration the Declaration to them referred, but, not having had time to go through the same, desired him to move for leave to sit again. Resolved, That this Congress will to-morrow again resolve itself into a committee of the whole, to take into their further consideration the Declaration respecting independence. The reader Avill perceive, by the concluding sentence of the above extract from the official journal of Congress, that the subject of independence was still being debated, and that the Declaration was postponed until the next day. The resolution, " That tliese united colonies are, and of right ought to be," etc., was either a "feeler" to obtain the sense of the house, or it was adopted to gratify the popular desire for earnest work. Be that as it may, the time had not yet arrived for final action ; and although a majority of the votes in favor of independence could be relied upon, 106 A HISTORY OF THE ORIGIN OF 3'et all recognized the vital importance of unanimity, and resolved to obtain it, if possible. The Declaration was therefore deferred until the third of July. What was done in the Continental Congress on the second of July is de- scribed in a casual manner by John Adams in a letter Avritten to his wife on the following day. The said letter is very long, — consuming about four pages of foolscap, — and is merely a reply to one received from Mrs. Adams, who was then at Plymouth. The contents are of a purely private character, such as a man would naturally write to his wife, from whom he had long been separated. The only part touching on public matters is that portion which alludes to Lee's resolution. The entire letter is published in "American Archives," Vol. VI., p. 1231. The annexed extracts are considered sufficient to satisfy the reader's mind that the Declaration was not considered by Adams as passed on the second. PiiiLADELPniA, July 3, 1776. Your favor of June 17th, (luted at Plymouth, was handed me by yesterday's post. I was nuich pleased to find you had taken a journey to Plymouth Yesterday, a resolution^ was passed, without one dissenting colony! tliat these United Colonies "are, and of right ought to be, free and independent States." " You ivillsee, in a few days, a Declaration setting forth tlie causes which have impelled us to this mighty revolution, and the reasons which will justify it in the sight of God and man," etc. We will now resume our perusal of the "Journal of Con- gress of 1776," in which, at i)age 240, is recorded the fol- lowing : July 3, 1776. — Agreeably to the order of the day, the Congress resolved itself into a committee of the whole, to take into furrher considerutioii the Dcclardfion ; and after some time the President resumed the chair, and Mr. Harrison reported that the committee, not havliKj ijct (jot throwjh it, desired leave to sit again. Resolved, THE APPELLA TION KE YSTONE STA TE. i 07 That this committee will to-morrow again resolve itself into a committee of the whole, to taiic into further consideration the Declaration of Independence. Page 241. — July 4, 1776. — Agreeably to the order of the day, the Congress resolved itself into a committee of the whole, to take into further consideration the Declaration ; and after some time the President resumed the chair, and William Harrison re- ported that the committee have agreed to a Declaration, wliich they desired him to report. The Declaration being I'ead, was agreed to by the colonies. It was late in the afternoon Avhen the final vote was taken ; all the colonies were represented, and sanctioned the act. Rodney had arrived from Delaware, whose delegation was, in consequence, enabled to vote in the affirmative. Morris and Dickinson being absent, the Pennsylvania delegation was reduced to five members. Being the last colony called upon to vote, much anxiety was displayed by the delegates of the other colonies, lest unanimity, so essential to success, should be lost by an unfavorable response. But notwith- standing that the delegation was equally divided, and that Pennsylvania, by her vote on the first of July, discounte- nanced the measure, John Morton, a member of that body, gave the casting vote in favor of independence, and thus unanimity was secured. The next day, July the 5th, John Adams, nearly wild with joy, wrote a letter to his wife, giving an account of the i:)assage of the Declaration, (which letter, in " American Archives," is absurdly dated the 3d.) The following is copied from the " Pennsylvania Historical Collection : " Philadelphia, July 5, 1776. The day is past. The fourth day of July, 1776, will be a memorable epoch in the history of America. I am apt to believe that it will be celebrated by succeeding generations as the great anniversary festival. It ought to be commemorated as the day of deliverance by solemn acts of devotion to God Almighty. It ought to be solemnized with pomp, shows, games, sports, guns, 108 A HISTORY OF THE ORIGIN OF bells, bonfires, and illuminations, from one end of tbe continent to tbe other, from this time forward forever. You will think me transported with enthusiasm ; but I am not. I am well aware of the toil and blood and treasure that it will cost us to maintain this Declaration, and support and defend these States. Yet, through all the gloom, I can see the rays of light and glory; I can see that the end is more than worth all the means, and that posterity will triumph, although you and I may rue, which I hope ■we shall not. . . . . The delay of this Declaration to this time has many great advantages attending it. The hopes of reconciliation which were fondly entertained by multitudes of honest and well mean- ing, though weak and mistaken people, have been gradually, and at last totally, extinguished. Time has been given for the whole people maturely to consider the great question of independence, and to ripen their judgment, dissipate their fears, and assure their hopes, by discussing it in the newspapers and pamphlets, by de- bating it in assemblies, conventions, committees of safety and inspection, in town and county meetings, as well as in private conversation, so that the whole people in EVERY COLONY OF THE THIRTEEN have now adopted it as their own act. Just one year after writing the above, Mr. Adams, in a letter to his daughter, thus describes the celebration of the first anniversary of American independence, which proves that the foregoing letter was written on the fifth of July, 1776. (Correspondence of Miss Adams, Vol. II., page 8.) Pnii.ADELrHiA, July 5, 1777. My Dear Daughter: — Yesterday, being the anniversary of American independence, was celebrated here with a festivity and ceremony becoming the occasion. I am too old to delight in pretty descriptions, if I had a talent for them, otherwise a picture might be drawn which would please the fancy of a Whig, at least. The thought of taking any notice of this day was not con- ceived until the second of this month, and it was not mentioned until the third. It was too late to have a sermon, as every one wished, so this must be deferred another year. Congress determined to adjourn over that day, and to dine THE APPELLA TION KEYSTONE STATE. 1 09 together. The general officers and others in town were invited after the President and Council, and Board of War of tiiis State. In the morning, the Delaware frigate, several large galleys, and other Continental armed vessels, the rcnnsylvaniasliip, and row- galleys and guard-boats, were all hauled off in the river, and several of them beautifully dressed in tlie colors of all nations, displayed about upon the masts, yards, and rigging. At one o'clock, the ships were all manned; that is, the men were all ordered aloft, and arranged upon the top-yards and shrouds, making a striking appearance — of companies of men drawn up in order in the air. Then 1 went on board the Delaware, with the President and several gentlemen of the Marine Committee; soon after which we were saluted with a discharge of thirteen guns, which was followed by thirteen others from each other armed vessel in the river; then the galleys followed the fire, and after them the guard-boats. Then the President and company returned in the barge to tlie shore, and were saluted with three cheers from every ship, galley, and boat in the river. The warves and shores were lined with a vast concourse of people, all shouting and huzzaing in a manner which gave great joy to every friend of this country, and the utmost terror and dismay to every lurking Tory. At three, we went to dinner, and were very agreeably entertained with excellent company, good cheer, fine music from the band of Hessians taken at Trenton, and continual volleys between every toast, from a company of soldiers drawn up in Second Street, before the city tavern, where we dined. The toasts were in honor of our country and the heroes who had fallen in their pious eff"orts to defend her. After this, two troops of light-horse, raised in Maryland, accidentally here on their way to camp, were paraded through Second Street; after them a train of artillery, and then about a thousand infantry, now in this city, on their march to camp, from North Carolina. All these marched into the common, where they went through their firings and manoeuvres; but I did not follow them. In the evening, I was walking about the streets for a little fresh air and exercise, and was surprised to find the whole city lighting up their candles at the windows. I walked most of the evening, and I think it was the most splendid illumi- nation I ever saw ; a few surly houses were dark, but the lights 10 no A HISTORY OF THE ORIGIN OF were very universal. Considering the lateness of the design, and the suddenness of the execution, I was amazed at the universal joy and alacrity that was discovered, and at the brilliancy and splendor of every j)art of this joyful exhibition, I had forgot the ringing of bells all day and evening, and the bonfires in the streets, and the fireworks played off. Had General Howe been here in disguise, or his master, this show would have given them the heartache. I am your affectionate father, John Adams. It will be observed, on reading the above letter, that Adams considered the fourth of July, 1776, the day of deliverance from British rule. Did he not wholly ignore the second when he said, " It [the celebration] was not men- tioned until the third " f " Congress " — the very actors themselves — determined to adjourn over that day, the foukth of July, to observe it in a becoming manner. Thirteen guns were fired from each vessel in the port, in honor of the unanimous vote of the thirteen colonies IN THE Continental Congrf:ss on that day one year FREVIOUSLY. The author of " The Causes which led to American Inde- pendence" has written a creditable history of the Declaration of Independence. He is correct in the main, but errs in the statement that the " Adams's letters " were written on the same day, July, 1776. The one was written on the third, and the other, as per " Pennsylvania Historical Collection," on the fifth of July, 1776. Federal Arch. From the Sunday Mercury of February 23, 1872. AN OPINION. My Dear Sirs: — There appcai-cd in the columns of the Philadelpliia Sunday Mercury of January 14th ultimo an THE A PPELLA TION KEYSTONE STA TE. Ill article, entitled, " Let tlie Facts Speak," bearing the signature "Federal Arch," iu wliich it was sliown that John Adams regarded the fourth day of July, 1776, as the birthday of American independence, and not the second of July, as asserted by the Public Ledger iu its fourth of July leader of 1870, and, latterly, by Mr. Thompson Westcott in his serial history of Philadelphia, published iu the Sunday Dispatch of August 20th, 1871. That "Federal Arch " was correct, and that his arguments Avere unanswerable, I was inclined to believe as soon as I had finished reading them ; but regard- ing the Ledger and Dispatch as good authorities upou matters relating to the early history of our nation, and not wishing to lose faith iu those journals, I resolved to investigate the subject to my own satisfaction. On mentioning my intentions to a friend, I was delighted to find that he also had conceived the same idea ; so, having a few hours at our disposal, we at once started for the Mer- cantile Library. Arrived at that noble institution, we glanced at the catalogue, and were soon after engaged in our self-imposed task of overhauling those ponderous volumes known as Colonel Peter Force's compilation of " American Archives ; " and a dusty job it proved. Well, at length we found the proper volume, to wit, Vol. VI., and, turning to page 1231, feasted our eyes on the two letters from John Adams to his wife, in one of which he alludes to the adoption of Lee's resolution of the second, and in the other describes the passage of the Declaration of Independence on the fourth of July, 1776. Although both letters are dated July od, it is evident, from the contents of the second, that it was not written until the 5th, and that Colouel Force mistook the latter figure for a three. The " American Arcliives " being the fii'st work of the kind published in this country, a few careless wi'iters have copied the dates just as they found them, without reading the letters or considering the improb- ability of both having been written on the same day. We 112 A HISTORY OF THE ORIGIN OF also consulted the "Life of Johu Adaras," by liis grandson, Hon. Charles Francis Adams, and discovered that he too hud fallen into the same error. I could now understand why the Public Ledger and Sunday Dispatch had blundered. My friend suggested that we might set the thing right by sending a copy of the Sunday Mercury containing the article by " Federal Arch " to Mr. Charles Francis Adams, together with a letter asking his views iipon the same ; but on my reminding him tliat that gentleman was then in Europe in connection with the " Alabama " affair, he agreed to write the Hon. Johu Quincy Adams, pointing out the discrepancy in the date of the second "Adams's Letter" as published in " American Archives " and in his father's " Life of John Adams " respectively ; also requesting his opinion as to the authenticity of the accompanying paper as regarded dates, etc., etc., which my friend accordingly did, and received the following letter in reply, with permission to publish it: Quincy, Mass., February 12, 1872. Deak Sir : — Since receiving the Sunday Mercury, I have turned to the " Life of John Adams," by Charles Francis Adams, and to the " Letters of Mrs. John Adams," edited by Charles F. Adams, and I liiid all the dates, facts, and circumstances are detailed with perfect accuracy and fulness In regard to the reso- lution and Declaration of Independence. Yours, very respectfully, J. Q. Adams. After perusing the above letter, and with all the facts which are given by history, and more particularly by both Adams and McKean, together with the Declaration itself, commencing with the comprehensive words, " \i\ Congress, July 4th, 1776, the unanimous declaration of the Thirteen United States of America," who can deny that the Declara- tion of Independence was unanimously passed on the fourth of July, 1776? I, for one, shall continue to celebrate the glorious " Fourth " as such in the same spirit as our fore- THE APPELLA TION KEYSTONE STA TE. 1 1 3 fathers did the first anniversary, as is so graphically described by John Adams iu his letter to his daughter of July 5, 1777. Centennial. From the Sunday Dispatch of September 29, 1872. "Keystone State." — A communication addressed to the Sunday Dispatch, inquiring as to the truth of the com- mon political cry, "As Pennsylvania goes, so goes the Union," not being, in the opinion of the writer, satisfactorily answered, he takes the liberty of giving in detail not only his views, but a complete account, extracted from the dif- ferent histories on the subject. For the first term, commenc- ing March 4, 1789, Washington received ten votes, John Adams eight, and Hancock two of the electoral vote of Pennsylvania. Washington was elected. For the second term, commencing 1793, Washington received fifteen votes, John Adams fourteen, and Clinton one of said electoral vote. Washington was re-elected. For the third term, com- mencing 1797, John Adams received one vote, Jefferson fourteen, Pinckney two, and Burr thirteen of said electoral vote. John Adams was elected. For the fourth term, com- mencing 1801, Jefferson received eight votes, Burr eight, John Adams seven, and Pinckney seven of said electoral vote. And herein the DisjKdch erred, as the electoral vote of Pennsylvania in 1800 was not eqiuilly divided between Jefferson and Burr, as stated, but Adams and Pinckney also 'shared the honor of that division, receiving seven votes each. As neither candidate at the presidential election in Novem- ber, 1800, had a majority of the electoral votes of the whole number of States, it was referred, as required by the Con- stitution, to the House of Eepresentatives, where, on a vote being taken, (each State having but one vote,) Jefferson received the votes of eight States and Burr of six States, Avhile two States were divided. After the thirty-sixth ballot, 10* H lU A HISTORY OF THE ORIGIN OF however, the two divided States gave their votes to JefTerson, who was thereby elected. The original article of the Consti- tution relating to the manner of electing Presidents — to wit : the candidate receiving the highest number of votes being de- clared President, and the candidate receiving the next highest being declared elected Vice-President, and its consequent reference to the House of Representatives on the failure of any one candidate to receive a majority of all the votes in the electoral college — being defective, inasmuch as a small body of men could prevent its intention, the twelfth amend- ment to the Constitution was proposed at the first session of the eighth Congress, and received the sanction of the required number of State Legislatures in 1804, prior to the presidential election in that year. From the fifth term, 1805, to the ninth term, 1821, both inclusive, Pennsylvania cast her electoral vote for Jefferson (two terms), Madison {two terms), and Monroe {two terms), who were the successful candidates. For the tenth term, in 1824, there were four candidates, namely, Jackson, John Quincy Adams, Clay, and Crawford, who received of the electoral votes of all the States 99, 84, 37, and 41 respec- tively. Pennsylvania giving her solid electoral vote to Andrew Jackson, ^vho secured the highest vote; but as neither of the candidates received a majority, the election, in accordance with the Constitution, devolved upon the House of Representatives, who were restricted to the three highest on the list, viz., Jackson, Adams, and Crawford. John Quincy Adams was elected. Horace Greeley, in his "Biography of Henry Clay," expresses the opinion that the votes of the States were kept from Clay by the chicanery of General Jackson's partisans, by keeping his name out of the House of Representatives, as it was the most popular that could have been brought before that body. Historians, however, generally agree upon conceding to General Jackson the greatest i)opularity with the people. At that time Mr. Clay was Speaker of the lower House, and held the balance THE APPELLA TION KE Y STONE STA TE. 1 1 5 of power. Long before, it was predicted that liis influence would be given to John Quincy Adams, because CUvy deprecated the occupancy of the presidential chair by a military man. After the election of John Quincy Adams in the House, Clay was appointed Secretary of State, and his enemies contended that this office was in payment for the sale of General Jackson. From (he eleventh term, 1829, to the present time, Pennsylvania's electoral vote has been cast for the successful presidential candidate. Since the adoption of the twelfth amendment to the Constitution in 1804, when- ever the election depended upon the " electoral college," Avithout an appeal to the House of Representatives, Penn- sylvania has, without a single excej^tion, cast her electoral vote for the successful presidential candidate. With regard to the election in 1824, whereby the Clay coalition succeeded in electing John Quincy Adams, Pennsylvania's choice — General Jackson — was the choice of the nation, and really received a large majority of the popular vote. By consult- ing the Congressional ^ lobe, and the comments of historians on the subject, and taking into consideration the subsequent action of the people, namely, the almost unanimous elec- tion of General Jackson for the two successive terms from 1829 to 1837, we must inevitably conclude that the Clay coali- tion in the House was a softer term for " the ways that are dark and the tricks that are vain." The reader wall there- fore not go astray, if, in the violence of party feeling, and with a pardonable pride for the old "Keystone State," he exclaims: " As Penksylvania goes, so goes the Union." In 1828, notwithstanding the most monstrous accusations from his polit- ical opponents, Jackson received one hundred and seventy- eight electoral votes, whilst John Quincy Adams received but eighty-three. In the ensuing election in 1832, after a four years' trial, his majority was even larger, receiving two hundred and nineteen electoral votes, whilst Clay received forty-nine, Wirt seven, and Floyd eleven. These figures are 116 A HISTORY OF THE ORIGIN OF characteridic of the American people — they tell of their con- demnation of conspiracies to defeat the popular will. The members of the Continental Congress were not elected directly by the people, but by the Legislatures of the several colonies. Pennsylvania, on the ninth of November, 1775, by her Legislature, issued the following instructions to her Con- gressional delegation : Gentlemen: — The trust reposed in you is of such a nature, and the modes of executing it may be so diversified, in the course of your deliberations, that it is scarcely possible to give you par- ticular instructions respecting it. We therefore, in general, direct that you — or any four of you — meet, in Congress, the delegates of the several colonies now assembled in this city, and any such delegates as may meet in Congress next year; that you consult together on the present critical and alarming state of public affairs; that you exert your utmost endeavors to agree upon and to recommend such measures as you shall judge will afford the best prospect of obtaining redress of American griev- ances, and of restoring that universal harmony between Great Britain and the colonics so essential to the welfare and hajipiness of both countries. Thongh the ojjpressive measures of the British Parliament and Administration have compelled us to resist tlieir violence by force of arms, yet we strictly enjoin you that you — in behalf of this colony — dissent from and utterly reject any propositions, should such be made, that may cause or lead to a separation from our mother country, or to a change of the form of this Government. You are directed to make a report of your proceedings to this House. Signed by order of the House. JoHX Morton, Speaker. And on the fourteenth of June, 1776, she again instructed her Congressional delegation as follows : THE A PPELLA TION KE YSTONE ST A TE. 117 Gentlemen: — When, by our instructions of last November, we strictly enjoined you, in behalf of this colony, to differ from and utterly reject any proposition, should such be made, that might cause or lead to a separation from Great Britain, or to a change of the form of this Government, our restrictions did not arise from any diffidence of your ability, prudence, or integrity; but from an earnest desire to serve the good people of Pennsyl- vania with fidelity in times so full of alarming dangers and perplexing difficulties. The situation of public affairs has been since so greatly altered, that we now think ourselves justifiable in removing the restric- tions laid upon you by those instructions. The contempt with which the last petition of the honorable Congress has been treated ; the late Act of Parliament declaring the just resistance of the colonists against violence actually offered to be rebellion; excluding them from the protection of the Crown, and even compelling some of them to bear arms against their countrymen; the treaties of the king of Great Britain with other ]»rinces for engaging foreign mercenaries to aid the forces of the kingdom in their hostile enterprises against America, and his answer to the petition of the Lord Mayor, Aldermen, and Commons of the city of London, — manifest such a determined and implacable resolution to effect the utter destruction of these colonies, that all hopes of reconciliation on reasonable terms are extinguished ; nevertheless, it is our ardent desire that a civil war, with all its attending miseries, should be ended by a secure and honorable peace. We therefore hereby authorize you to concur with the other delegates in Congress in forming such further compacts between the united colonies, concluding such treaties with foreign king- doms and States, and in adopting such other measures as, upon a view of all the circumstances, shall be judged necessary for promoting the liberty, safety, and interests of Am.erica, reserving to the people of this colony the sole and exclusive right of regu- lating the internal government and police of the same. The happiness of these colonies has, during the whole course of this fatal controversy, been our first wish — their reconciliation with Great Britain our next. Ardently have we prayed for the accomplishment of both. But, if we renounce the one or the 118 A HISTORY OF THE ORIGIN OF otlior, we humbly trust to the mercies of the Supreme Governor of tlie Universe that we shall not stand condemned before His throne if our choice is determined by that overruling law of self- preservation which His Divine Wisdom has thought tit to implant in the hearts of His creatures. Signed by order of the House. John Mortox, Speaker. The CoxTixEXTAL Congress of July 4, 1776, voted by colouies upon the adoption of the Declaration of Indepen- dence. It was unanimousl^adopted by the whole thirteen colo- nies on the fourth of July, 1776. On the nineteenth of July, 1776, Congress passed the fol- lowing resolution : Resolved, That the Declaration passed on the fourth be fairly engrossed on parchment, with t])e title and style of " the unani- mous Declaration of the thirteen United States of America," and that the same, when engrossed, be signed by every member of Con- gress. The Declaration was in conformity therewith engrossed on parchment, and signed on the second of August follow- ing by all who were then members, and afterwards by several who were subsequently elected. Sev^eral who were members on the fourth of July did not sign the Declaration, for the reason that their terms of office had expired before it was prepared for signing. The following is a copy of the Declaration of Indepen- dence as signed, to which is appended the names of the several signers and of the States which they respectively rej)resented. THE A PPELLA TION KE YSTONE ST A TE. 119 In Congress, July 4, 177G THE UNANIMOUS DECLAEATION OF THE THIR- TEEN UNITED STATES OF AMERICA. When, in the course of human events, it becomes neces- sary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth tlie separate and equal station to which the laws of nature and nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which comjiel them to the separation. We hold these truths to be self-evident : that all men are created equal ; that they are endowed by their Creator with certain inalienable 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 destructive of these ends, it is the right of the people to alter or to abolish it, and to insti- tute a new government, laying its foundation on such prin- ciples, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness. Prudence, indeed, will dictate that governments long estab- lished should not be changed for light and transient causes ; and, accordingly, all experience hatli shown thai mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same object, evinces a design to reduce them under absolute despotism, it is their right, it is their duty to throw off such government, and to provide new guards for their future security. Such has been the patient sufferance of these colonies, and such is now the necessity which constrains them to alter their former systems of government. The history of the present king of Great 120 A HISTORY OF THE ORIGIN OF Britain is a history of repeated injuries and usurpations ; all having in direct object the establishment of an absolute tyranny over these States : to prove this, let facts be exhibited to a candid world. He has refused his assent to laws the most wholesome and necessary for the public good. He has forbidden his governors to pass laws of immediate and pressing importance, unless suspended in their operations till his assent should be obtained ; and when so suspended, he has utterly neglected to attend to them. He has refused to pass other laws, for the accommodation of large districts of people, unless those people would re- linquish the right of representation in the legislature ; a right inestimable to them, and formidable to tyrants only. He has called together legislative bodies at places unusual, uncomfortable, and distant from the depositories of their public records, for the sole purpose of fatiguing them into compliance with his measures. He has dissolved representative houses repeatedly, for opposing, with manly firmness, his invasions on the rights of the people. He has refused, for a long time after such dissolution, to cause others to be elected ; whereby the legislative powers, incapable of annihilation, have returned to the people at large for their exercise, — the State remaining, in the mean- time, exposed to all the dangers of invasion from without, and convulsions within. He has endeavored to prevent the population of these States ; for that purpose, obstructing the laws for naturaliza- tion of foreigners, refusing to pass others to encourage their migrations hither, and i-aising the conditions of new appro- priations of lands. He has obstructed the administration of justice, by refusing his assent to laws for establishing judiciary powers. He has made judges dependent on his will alone, for the THE ArPELLA TION KEYSTONE STA TE. 121 tenure of their offices, and tlic amount and payment of their salaries. He has erected a multitude of new offices, and sent hither swarms of officers, to harass our people and eat out their substance. He has kept among us, in times of peace, standing armies, without the consent of our legislatures. He has affected to render the military independent of and superior to the civil power. He has combined with others to subject us to a jurisdiction foreign to our Constitution, and unacknowledged by our laws, giving his assent to their acts of pretended legislations : For quartering large bodies of armed troops among us : For protecting them, by a mock trial, from punishment for any murders which they should commit on the inhabitants of these States : For cutting off our trade with all parts of the world : For imposing taxes on us without our consent : For depriving us in many cases of the benefits of trial l^y For transporting us beyond seas, to be tried for pretended offences : For abolishing the free system of English laws in a neigh- boring province, establishing therein an arbitrary govern- ment, and enlarging its boundaries, so as to render it at once an example and fit instrument for introducing the same absolute rule into these colonies : For taking away our charters, abolishing our most valuable laws, and altering fundamentally the forms of our govern- ments : For suspending our own legislatures, and declaring them- selves invested with power to legislate for us, in all cases whatsoever. He has abdicated government here by declaring us out of bis protection, and waging war against us. 11 122 A HISTORY OF THE ORIGIN OF lie lias plundered our seas, ravaged our coasts, burut our towns, and destroyed the lives of our people. He is at this time transporting large armies of foreign mercenaries to complete the works of death, desolation, and tyranny already begun with circumstances of cruelty and perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the head of a civilized nation. He has constrained our fellow-citizens, taken captive on the high seas, to bear arms against their country, to become the executioners of their friends and brethren, or to fall themselves by their hands. He has excited domestic insurrections amongst us, and has endeavored to bring on the inhabitants of our frontiers the merciless Indian savages, whose known rule of warfare is an" undistinguished destruction of all ages, sexes, and conditions. In every stage of these oppressions we have petitioned for redress in the most humble terms : our repeated petitions have been answered only by repeated injury. A prince, whose character is thus marked by every act which may define a tyrant, is unfit to be the ruler of a free people. Nor have we been wanting in attentions to our British brethren. We have warned them from time to time of attempts, by their legislature, to extend an unwarrantable jurisdiction over us ; we have reminded them of the cir- cumstances of our emigration and settlement hei'e ; we have appealed to their native justice and magnanimity ; and we have conjured them, by the ties of our common kindred, to disavow these usurpations, which would inevitably interrupt our connections and correspondence. They, too, have been deaf to the voice of justice and consanguinity. We must therefore acquiesce in the necessity which denounces our separation, and hold them, as we hold the rest of mankind — enemies in war; in peace, friends. We, therefore, the representatives of the United States of THE APPELLATION KEYSTONE STATE. Vl'^ America, in general Congress assembled, appealing to the Supreme Judge of the world for the rectitude of our intcii- tious, do, in the name and by the autliority of the good people of these colonies, solemnl}' publish and declare, that these united colonies are, and of right ought to be, free and inde- pendent States ; that they are absolved from all allegiance to the British Crown ; and that all jjolitical connection between them and the State of Great Britain is and ought to be totally dissolved ; and tliat, as free and independent States, they have full power to levy war, conclude peace, contract alliances, establish commerce, and to do all other acts and things which independent States may of right do. And for the support of this Declaration, w^ith a firm reliance on the protection of Divine Providence, we mutually pledge to each other our lives, our fortunes, and our sacred honor. New Hampshire. Josiah Bartlett, William Whipple, Matthew Thornton. Massachussetts. John Hancock, Samuel Adams, John Adams, Robert Treat Paine, Elbridge Gerry. Connecticut. Roger Sherman, Samuel Huntington, William Williams, Oliver Walcott. Rhode Island. Stephen Hopkins, William Ellerv. New York. William Floyd, Philip Livingston, Francis Lewis, Lewis Morris. New Jersey. Richard Stockton, John AVitherspoon, Francis llopkinson, John Hart, Abraham Clark. Pennsylvania. Robert Morris, Benjamin Rush, Benjamin Franklin, John Morton, George Clymer, James Smitli, George Taylor, 124 A HISTORY OF THE ORIGIN OF James Wilson, George Ross. Delaware. Csesar Rodney, George Read, Thomas McKean. Maryland, Samuel Chase, William Paca, Tliomas Stone, Charles Carroll of Carroll- ton. Vrnjinia. George Wythe, Richard Henry Lee, Thomas Jefferson, Benjamin Harrison, Thomas Nelson, Jr., Francis Lightfuot Lee, Carter Braxton. North Carolina. William Hooper, Joseph Hewes, John Peuu. South Carolina. Edward Rutledge, Thomas Heyward, Jr., Thomas Lynch, Jr., Arthur Middleton. Georgia. Button Gwinnett, Lyman Hall, George Walton. JOHN MORTON. oi«'. Their mouths were opened, their burdens lightened, they breathed more freely. " In May, 1775, Judge Morton took his seat in Congress, and was re-elected in November. In July, 1776, he closed his Congressional career. Before leaving, he placed a brilliant star upon the bright escutcheon of his name, by voting for and signing the Chart of our Liberty — the manifesto of freemen against the usurpations of tyranny. During the time he was in Congress, he was highly esteemed as a cool, deliberate, discreet man — purely patriotic, and anxious to do all in his power to promote the righteous cause of his bleeding country. He weighed well the consequences of severing the bonds that bound the colonies to the mother country. Unsustained, the Declaration of Independence was probable death to many — a more severe slavery for the survivors. To all human appearance, the patriots must be crushed by the physical force of their enemies, then pouring into the country by thousands, and sweeping everything before them like a mighty torrent. There were five delegates from his colony in Congress on the fourth of July, 1776. Tico of them ivere bitterly opposed to the mea-nire and tico in favor, which gave him the CASTCfG VOTE. On him depended the enhanced misery or happy delivery of hi.s country. ]Vhen THE A PPELLA TION KEYSTONE ST A TE. 1 29 the final moment arrived, he east his vote in favor of the impor- tant instrument that should prove either the death-warrant or the dipjloma of freedom. Some of his old friends censured him severely for the bold act, and were so strongly tinctured with toryisra that they would not be reconciled to him when he lay upon the bed of death. Such were the strong party feelings during the Revolution. His dying message to them was worthy the sage and Christian : ' Tell them TiL\T THEY WILL LIVE TO SEE THE HOUR WHEN THEY SHALL ACKNOWLEDGE IT TO HAVE BEEN THE MOST GLORIOUS SERVICE THAT I HAVE EVER RENDERED TO MY COUNTRY.' The truth of his prophecy has been most happily verified so far as his services were concerned ; if the other part has not, do not go in mourning for its failure. " When the Articles of Confedei'ation were under discus- sion in Congress, Judge Morton was frequently chairman of the committee of the whole, and presided with great ability and dignity. In April, 1777, he was attacked with a highly inflammatory fever, which terminated his life in a few days, in the midst of usefulness, with fresh honors awaiting him as time rolled onward. His premature death was deeply mourned by his bereaved companion, eight children, a large concourse of bosom friends, the members of the bar, his associate judges, the State Legislature, Con- gress, and by every patriot of his country. "As a private citizen. Judge Morton possessed an unusual share of esteem. He was endowed with all the amiable qualities that enrich the domestic circle and social inter- course. As the crowning glory of his fair fame, he ])rofessed and adorned the religion of his Lord and Master, and died triumphing in faith. His dust reposes in the cemetery of St. James's Church in Chester, Pennsylvania. His examples are worthy of the closest imitation ; his brief career ad- monishes us of the uncertainty of human life; his happy death is an evidence of the truth of unvarnished ['iety." • I THE JfE¥ CONSTITUTION OF PENNSYLVANIA. 131 ALPHABETICAL CONTENTS. Amendments, Future . Canals and Railroads Cities and City Char- ters .... Corporations, Private . Counties, New County Officers . PAGE 177 175 172 172 170 170 Declaration of Rights 135 Education . . .169 Elections . . . 1G2 Executive, The . . 149 Finance .... 166 Future Amendments . 177 Impeachment, and Re- moval from Office . 161 Judiciary, The . . 154 Legislation . Legislature, The Militia . PAOR 14.? 139 169 Office, Impeachment, and Removal from . 161 Office, Oath of . . ir.l Officers, County . . 170 Officers, Public . . 170 Private Corporations . 172 Public Officers . . 170 Railroads and Canals 175 Rights, Declaration of 135 Schedule . . . 179 Signers of Constitution 186, 187 Suffrage and Elections 162 Taxation and Finance 16G 12 133 CONSTITUTION OF THE COMMONWEALTH OF PENNSYLVANIA, Adopted December 16, 1873. -e®=- The OLD portions of the Constitution are printed in Italic, and the new in Roman type. PREAMBLE. We, the People of the Commonwealth of Penn- sylvania, grateful to Almiglity God for the blessings of civil and religious liberty, and liunibly invoking His guid- ance, DO ordain and establish this Constitution. ARTICLE I. Declaration of Eights. Tliat the general, great, and essential principles of liberty and free government may be recognized and unalterably estab- lished, we declare that Section 1. All men are born equally free and independent, and have certain inherent and indefeaalble jcqiittiifi/ and rights, among which are those of enjoying and rif/hts of nion. defending life and liberty, of acquiring, possemng, and protect- ing projierty and rejyutatlon, and. of pursuuig their own happi- ness. Sec. 2. Allj)ower is inherent in the peo- i,^,"!/.l.',^"^ in'^'i'iil pie, and all free governments are founded on j>;oi>i<% riuir their authority and instituted for their peace, ^yl[,'J,.uuient."^ safety, and happiness. 5 A 2 135 1 3G THE CONSTITUTION OF PENNSYL V. 1 NIA. For the advancevwnt of these ends, they hare at all times an inalienable and indefeasible right to alter, reform, or abolish their government in such manner as they may think proper. Sec. 3. All men have a natural and indefeasible right to xiu. Sec. 4. No person who achiowledges the ]','i'aiitu'* fj" houi- ^'^^^^9 ^f ^ God and a future state of reivards ill!/ o/jicc. and pjunishments shall, on account of his re- ligious sentiments, be disqualified to hold any office or ])lace of trust or projit under this Commonwealth. Freedom of eiec- Sec. 5. Elections shall be free and equal; *"'"*• and no power, civil or military, shall at any time interfere to prevent the free exercise of the right of suffrage. Sec. 6. Trial by jury shall be as hereto- ijjiirtj. fore, and the right thereof remain inviolate. Sec. 7. The j)rinting-press shall be free to every person who Freedom of the may Undertake to examine the proceedings 2'''*'*** of the legislature or any branch of govern- ment, and no law shall ever be made to restrain the right thereof. The free communication of thoughts and opinions is cne of the invaluable rights of man, and every citizen may freely speak, write, and pjrint on any subject, being responsible for the abuse of that liberty. No conviction shall be had in any prosecution for the pub- ,, „ . , licatiou of papers relating to the official Ahsenee of mill- » J . ^ , ,. ire in trials for coiuluct 01 officcTS or meu ui pui)lic Capacity, '''""' or to any other matter proper for public investigation or information, where the fact that such i)ub- licatioii -was not maliciously or negligently made shall be established to the satisfaction of the jury; and in all indict- ments for libels, the jury shall have the right to determine the law and the facts, under the direction of the court, as iu other cases. 6 TITE CONSTITUTION OF PENNS YL VA NI. 1 . 1 •' 5 7 Sec. 8. Tlie people shall be secure in their persons, houxr.t, papers, and po-riviilffl»"^iu against him, to meet the witnesses face to face, f.'"''"*""' prosecu. to have compulsory process Jar obtaining wit- nesses in his favor, a)id, i)i prosecutions by indictment or infor- mation, a speedy public trial by an. impartial jury of the vicinage; he cannot be compelled to give evidence against him- self, nor can he be deprived of his life, liberty, or property, unless by the judgment of his peers or the laiv of the land. Sec. 10. No person shall, for any indictable offence, be pro- ceeded against criminally by information, except in cases arising in the land or naval -,n<,tl"!iT'ihniti'u'' forces, or in the militia, when in actual se)'- vice, in time of war or public danger, or by leave of the court for oppression or misdemeanor i)i ojjice. No person shall, for the same offence, be twice put in jeopardy of life or limb ; nor shall private property be . . . taken or applied to public 'use, without au- «,•i>>-i>i',i'hi. thority of law and without just compensation 'l"".f]f/J'jJuOii'cu'Z' being first made or secured. Sec. 11. All courts shall be open; and every man for an inmrii done him in his lands, goods, person, ^ , . . ^ ^. ''•',,• J 77 7 It I Admiinstrtitioii or reputation, s/iaU liave remedy by due course ofjustirr t» !>,■ /(•<■<•. of law, and right and justice administered 'l"/J,'',,/J;lll.[!',ufi!'''^ without sale, denial, or delay. iSuits may be brought against the Commonwealth in such manner, in such courts and in such cases as the legislature may by law direct. Sec. 12. No power of stu^pending laws jj,„;t„„„„ „,,„„ shall be exercised unless by the legislature siispt hms. or by its authority. ■ . i i ■ Sec. 13. Excessive bail .'tof Sec. 16. T/w person of « debtor, where i„s„trr„t luotora there is not strong presumption of fraud, shall not be continued in jjrimn after deliv- ering up his estate for the benefit of his creditors in such manner as shall be p)rescribed by law. Lows ex. post Sec. 17. Xo ex post facto law, nor any facto or imixiir. ^f,,{, impairing the obligation of contracts, or rrrur.u.t,- >/runt.s, niukiiig iiTevociible any grant of special ''''■•• /"'•'"<''''■" privileges or iiuniuuitics, shall be passed. .>o li-i/i.sliitirp at- '^ , , -. ,, nr 1 11 1 1, ■ 1 i jy t,ii,„i,r of- triaaon teEC. lo. J\o person sliuU bc attainted oj or fiionij. treason or felony by the legislature. not ii'orh'corrup- Sec. 19. No attainder shall work eorimption tion of i,ioo,i or of blood,nor,e.vcept duriiir/the Ufeoftheoffend- liff. er, Jorjedure oj estate to the Lommonwealtn. \o forfritiirr for j'/ig estate of such persons as shall destroy Muirhit' or in rose , . i- 1 n 1 J i of iicitth bij cMsti. their own lives shall descend or vest as in ""^- cases of natural death, and if any person shall be killed by casualty, there shall be no forfeiture by reason thereof. Sec. 20. The citizens have a right in a peaceable manner to Kiijiita of nicft- u.fsenible together for their coinmon good, and imj unci petition, ff, apply to tliosc invcstcd with the poivers of gurernment for redress of grievances or other proper purposes, by jfi'tition, address, or remonstrance. Kit/iit to bear Sec. 21. The right of the citizens to bear "'■""'• arms in defence of themselves and the state shall not be queMioned. .. , ,. ,. ~ Sec. 22. No .ftandinq arnvi shall, in time Siibordinfition of ,1 ■', 1 the niiiiinrif to the of jteacc, bc kept up witltout the consent of the ciri poiver. legislature, and the military shall in all cases and at all times be in strict subordination to the civil poiver. Si:«'. 2."}. No soldier shall in time of peace be quartered in Qnarierinu of 0"^/ housc williout tlic conscnt of tlic owucr, troops in houses, ^j,;,. j,j ^j,,jg (jj ^^.^jj. ^,j^ 1,^ ^ viunncr to be prescribed by law. Sec. 24. The legislature shall not grant any title of nobility THE CONSTITUTION OF PENNSYLVANIA. 139 or Jiereditanj distinefion, nor create any office ,-,f %,'''','^. "r,.",','l'i'f the oppointineut to which shall be for a longer tu-.,<>i- offirr tinurl: term than, durinrf good behavior. t""/!^. ^'""^ '"" Sec. 25. Emigration from the State shall izm ig ration jter- not be prohibited. mnted. Sec. 26. To guard against transgressions of the high powers which we have delegated, we declare that t^, ti • everything m this article is excepted out of tfiix niticir ^.mpt- the general powers of government, and shall ^f {fuoeri'/nen't'.'^^'^ for ever remain inviolate. ARTICLE 11. The Legislature. Section 1. The legislative power of this Commonwealth shall be vested in a General Assembly, The leffisiaUve which shall consist of a Senate and House power vested, of liepresentatives. Sec. 2. Members of the General Assembly shall be chosen at tlie general election every second year. jnennini eiec- Their term of service shall begin on the **<"'«• first day of December next after their election. Whenever a-vacancy shall occur in either House, the presiding officer thereof shall issue a writ of election to •7.77 7 ■ i> ,1 ■ 1 !• ,1 , Vacancies, how Jill sucli vacancy jor tlie remainder oj the term, fiiu-d. Sec. 3. Senators shall be elected for the ^ ■ , ^- ^ „ „ , „ ■ <• Lcffislative terms. term 01 tour years, and liepresentatives lor the term of two years. Sec. 4. The General Assembly shall meet at twelve o'clock, noon, on the first Tuesdav of Jan- . . , -, T , , 1 , . Utennial nieet- uary every second year, and at other times inf/s. when convened by the Governor, but shall 'Special sessions. hold no adjourned annual session after the year one thousand eight hundred and seventy-eight. In case of a vacancy in the office of United States Senator from this Commonwealth, in a recess between sessions, the Governor shall convene the two Houses, by proclamation on notice not exceeding sixty days, to fill the same. Sec. 5. Senators shall be at least twenty- ^ ,.^ .. J. J. , j^ a J- J / Qualifications of Jive years of age ana liepresentatives twenty- senators and itep- one years of age. Tliey shall have been citi- '>''"^'"*tatives. 9 140 THE CONSTITUTION OF PENNSYLVANIA. sens and inhabitants of the State FOUR years, and inhabitants of their respective districts one year next before their election {unless absent on pvblic business of the United States or of this State), and shall reside in their respective districts during their terms of service. Sec. 6. Xo Senator or Representative shall, diirinf/ the time insqtuiiiflrntioii fov xvhich he sluill have been elected, be ap- /'!,>"'''"""'""'"' ^ pointed to any civil office vnder this Com- Mr'mhfrs of Con- monxvecdth, and no member of Congress or hi,' 7.', avnerl'tiAli- othcr pcrson holding any office {except of grnioii/. attorney-at-bnv or in the militia) under the United States or this Commonicecdth shall be a member of either House during his continuance in office. Sec. 7. ^^o person hereafter convicted of ombezzleniont ^ . . ^ of iiublic money!?, bribery, perjury, or other /, sliall be elii,nhle to the '/""/'/.'/• General A^jsenibly, or capable of holding any office of trust or profit in this Coninionwealth. Sec. 8. The members of the General Assembly shall receive Compi'iisfition ^^'<^^^ Salary and mileage for regular and shall be jixcti. special scssions as shall be fixed by law, and no other compensation whatever, whether for service upon committee or otherwise. No member of either House shall, during the term for jNo increase of which he may have been elected, receive ""'"'•'/• any increase of salary, or mileage, under any law passed during such term. Sec. 9. The Senate shall, at the beginning and close of each regular session and at such other times J'ri sill i III/ otliccrx. • ■• , i- • , as may be necessiii-y, elect one of its mem- bers Pre-ident ])r(> tempore, who shall perform the duties of the Lieutenant-Governor, in any case of absence or disability of that officer, and whenever the said office of Lieutenant- Governor shall l)e vacant. The House of KeprcscHtatives shall elect one of its mem- JmcU House to bi'rs as Speaker. juiiw of II, e ,j„,,i- ]0;ieli 1 louse shall choose its other officers, lie',',,},','"!!. "' ' " imd shall judge of the election and quali- ,. fications of its mend)ers. Si;c. 10. yi majordy of each House shall couidilule a quorum, but a smaller number may adjourn from d'ly to day and comjni the attendance of absent members. 10 THE CONSTITUTION OF PENNSYLVANIA. 141 Sec. 11. Each House shall have power to determine the rules of its proct'edings and punish its members or j>owr,-a of each other persons for contempt or disorderly -^"«'«'?- behavior in its presence, to enforce obedience to its process, to protect its members against violence or offers of bribes or private solicitation, and with the concurrence of two-thirds to expel a member, but not a second time for the same cause, and shall have all other potvers necessary for the legislature of a free state. A member expelled for corruption sliall not thereafter be eligible to either House, aiid punishment for contem})t or disorderly behavior shall not bar an indictment for the same offence. Sec. 12. Each House shall keep a journal of its proceedings and from time to time jyublish the same, except j^„pj^ iinuse shall such parts as require secrecy, and the yeas and itwp nndiuMisU a nays of the members on any question sliall, at J""''"" • the desire of any tivo of them, be entered on the journal. Sec. 13. 2Vie sessions of each House and of Committees of the Whole shall be open, unless luhen the 7 . . 7 1 1 ± 1 1 I ± Sessions to be open, business is such, as ought to be kept secret. Sec. 14. 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 'J'""""'^" *• Houses shall be sitting. Sec. 15. The members of the General Assembly shall in all cases, except treason, felony, violation of their riiviieaes of mem- oath of office, and breach or surety of the peace, *'*'''*• be j^rivileged from arrest during their attendance at the sessions of their 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 j)lace. Sec. 16. The State shall be divided into fifty senatorial districts of compact and contiguous territory single senatorial as nearly equal in population as may be, '^««*'''f'*- and each district shall be entitled to elect one Senator. Each county containing one or mox'e ratios of population shall be entitled to one Senator for each counties of one ratio, and to an additional Senator for a "'• '""'■" »•""■"«• surplus of population exceeding three-fifths of a ratio, but no county sliall form a separate district unless it shall con- tain four-fiftlis of a ratio, except where the adjoining counties are each entitled to one or more Senators, when such county 11 142 THE CONSTITUTION OF PENNSYLVANIA. inav be assigned a Senator on less than four-fifths and ex- ceeding one-half of a ratio ; and no county shall be divided unless entitled to two or more Senators. No city or county shall be entitled to separate representa- tion exceeding one-sixth of the Avhole number of Senators. w„r,i.ctc.,uot to ^o ward, borough, or township shall be be (licuuti. divided in the formation of a district. The senatorial ratio shall be ascertained by dividing the Avhole population of the State by the num- ber ot ntty. Sec. 17. The members of the House of Kepresentatives jtepresentative sluUl bc apportioned among the several coun- tii.itrict.s. ties, on a ratio obtained by dividing the ])opulation of the State as ascertained by the most recent United States census by two hundred. Every county containing less than five ratios shall have c„„„t!i u-ith less ouQ representative for every full ratio, and than fire ratios. ^u additional representative when the sur- ])lus exceeds half a ratio; but each county shall have at least one representative. fount!/ ititii more Eacli county containing five ratios or *'"'" /''■''• more shall have one representative for every full ratio. Every city containing a population equal to a ratio shall (Hies hnrinff one elcct Separately its proportion of the rcp- or more ratios. rescutatives allotted to tiie county in which it is located. Every city entitled to more than four representatives, and everv countv having; over one hundred Citi/ Uisfricts. ^, - 1 • i' 1 • 1111 1- • 1 1 • thousand inhabitants, shall be divided into districts of compact and contiguous territory, each district to elect its proportion of representatives according to its population, but no district shall elect more than four repre- Bcuiatives. Sec. 18. The General Assembly at its first session after the 11/*/*. apportion, adoption of this Constitution, and immedi- ""■""' '" *"■ """'''• ately after each United States decennial ctusus, shall apportion the State into senatorial and repre- Rcntatiye districts agreeably to the provisions of the next two preceding sections. 12 THE CONSTITUTION OF FENXSYLVANLL 143 ARTICLE III. Legislation. Section 1. No law shall be passed except by bill, and no bill shall be so altered or amended, on its ^ ^i 1 '^i TT ^ 1 PassHfje of lulls. passage through either House, as to change its original purpose. Sec. 2. No bill shall be considered unless referred to a committee, returned therefrom, and printed Reference ami for the use of the members. printhifj. Sec. 3. No bill, except general appropriation bills, shall be passed, containing more than one sub- ^^ c„„ta!n h„t ject, which shall be clearly expressed in one suhjrct ijeprens- •■ . •, 1 c«f *"■ title. its title. Sec. 4. Every bill shall be I'ead at length on three differ- ent days in each House ; all amendments To he read on made thereto shall be printed for the use ^AutltVinieuts to of the members before the final vote is f><- i»inied. taken on the bill, and no bill shall become a law, unless on its final passage the vote be taken by yeas and nays, the names of the persons voting for and against the same be en- tered on the journal, and a majority of the members elected to each House be recorded thereon as voting in its favor. Sec. 5. No amendment to bills by one House shall be con- curred in by the other, except by the vote of a majority of the members elected there- *"** "" naijs. to, taken by yeas and nays, and the names of those voting for and against recorded upon the journal thereof; and reports of committees of conference shall y^f^^ miirnrHn;/ be adopted in either House only by the i>> , ai„>„,h>ir„is ,.^ . . ,. ^, 1 1 i 1 a)i(l OH rcjjort.s of vote of a majority of the members elected conference to Ue inj thereto, taken by yeas and nays, and the 2/«"* ""<* imi/s. names of those voting recorded upon the journals. Sec. 6. No law shall be revived, amended, or the provi- sions thereof extended or conferred, by _ . , „ , ,, . . , 1 1 i i Revival of laws. reference to its title only, but so much thereof as is revived, amended, extended or conferred shall be re-enacted and published at length. Sec. 7. The General Assembly shall not pass any local or special law authorizing the creation, exten- f . . . p p. 1 i- ii Limitation on siou or impairing of liens ; regulating the special ie residing of- passed by the General Assembly, after '^'"^"^• their titles have been publicly read immediately before signing; and the fact of signing shall be entered on the journal. Sec. 10. The General Assembly shall prescribe by law the number, duties and compensation of r • i *■ ^ the oiticers and employees ot each House, ce*-«. iiuti/, com. and no payment shall be made from the i^*-"*"""" "f- State treasury, or be in any way authorized, to any person, except to an acting officer or emjiloyee elected or appointed in pursuance of law. Sec. 11. No bill shall be passed giving any extra com- pensation to any public officer, servant, Noextrneom2ieii~ employee, agent or contractor, after ser- sation to officers or • I nil 1 1 ,, contractors. Vices shall have been rendered or contract made, nor providing for the payment of any claim against the Commonwealth without previous authority of law. Sec. 12. All stationery, printing, paper and fuel used in the legislative and other departments of j'„i,iic printina, government shall be furnished, and the o extrusion of officer, or increase or diminish his salary official trrui.t or ill' i i. xv. l ' I j." crr„se of conipeii. o^ emoluments, alter his election or ap- si'tion. pointmeut. Sec. 14. All bills for raising revenue shall originate in the Mouse of Representatives, but the Senate may Jteveniie bills. i j ■ ii i -ii jjropose amendments as m otlier bUl.-s. Sec. 15. The general appropriation bill shall embrace Appropriation nothing but appropriations for the ordi- **"*• nary expenses of the executive, legislative and judicial departments of the Commonwealth, interest on the public debt and for public schools ; all other a})propria- tions sliall be made by separate bills, each embracing but one subject. Sec. 16. Xo money shall be paid out of the treasury, except I'ai/mcnts of '^'i^^"' appropriations made by law, and on luoiu-i/.s from t/ie Warrant drawn by the j^roper officer in pur- suance tfiereoj. Sec. 17. No appropriation sliall be made to any charita- Approprintions '^^^ ^^ cducational iustitutiou not under to riKiritabU'. iiisti- the absolutc couti'ol of the Commonwealth, other than normal schools established by law for the professional training of teachers for the public schooli of the State, except by a vote of two-thirds of all the members elected to each House. Sec. ly. No a])propriations, except for pensions or gratui- Appropriatiotts ^^^'^ ^*^^" luiHtaiy scrvlccs, shall be made for furrhiniiohirpiu: charitable, educational or benevolent pur- posi,is of .loiuiirn. tions wherein the widows of soldiers are 16 THE CONSTITUTION OF PENNSYLVANIA. 147 supported or assisted, or the orphans of soldiers are main- tained and educated ; but such appropriation shall be ap- plied exclusively to the support of such widows and orphans. kSEC. 20. The General Assembly shall not delegate to any special commission, private corporation or rouer ov<;- mn- association, any power to make, supervise ]\'.','tf",', not'^to^bl or interfere with any municipal improve- deUyuted. ment, money, property or effects, whether held in trust or otherwise, or to levy taxes or perform any municipal func- tion whatever. Sec. 21. No act of the General Assembly shall limit the amount to be recovered for injuries result- jf^ Umit'ifion of ing in death, or for injuries to persons or daintsoii„t d- • • ,1 i- 1 J.- to hi' /HniisJicd (hi ivision thereof, and any occupation or ^^^ ,,„a i,„p,.isoii- practice of solicitation of such members ">^eiit. or officers to influence their official action, shall be defined by law, and shall be punished by fine and imprisonment. Sec. 32. Any person may be compelled to testify in any lawful investigation or judicial proceeding witnesses to tes- against any person who maybe charged ^H^i^Jl^andZueC with having committed the ottence of bri- t'ltiou. bery or corrupt solicitation, or practices of solicitation, and shall not be permitted to withhold his testimony upon the ground that it may criminate himself or subject him to pub- lic infamy; but such testimony shall not afterwards be used against him in any judicial proceeding, except for perjury iu giving such testimony ; and any person ■ , ^ (. • , 1 f , 1 f>> !_' Punishment. convicted of either of the offences afore- said shall, as part of the punishment therefor, be disqualified from holding any office or position of honor, trust or profit in this Commonwealth. Sec. 33. A member who has a personal or private interest in any measure or bill proposed or pending interested mem. before the General Assembly shall disclose ^'"■*' *'^"*" >^ot vote. the fact to the House of which he is a member, and shall not vote thereon. ARTICLE IV. The Executive. Section 1. The executive department of this Common-- wealth shall consist of a Governor, Lieuten- „ ,. ^, ./ ^ ., ' Executive oijieers. ant-Crovernor, Secretary of tlie Common- wealth, Attorney-General, Auditor-General, State Treasurer, Secretary of Internal Afiairs and a Superintendent of Pub- lic Instruction. Sec. 2. The suiireme executive power shall he vested in the 13 * 150 THE CONSTITUTION OF PENNSYLVANIA. Governor, ivho shall take care that the laws be faithfully exe- cuted ; he xhall be chosen on the day of the general election, by the qualified electors of His election. ^f^^ Comnio)iwealth, at the places where they shall vote for Representatives. The returns of every election for Governor shall be sealed ttp itrtnrns of dec and transmitted to the seat of government, *'""■ directed to the President of the Senate, who shall open and publish them in the presence of the members of both Houses of the General Assembly. The person having the highest number of votes shall be Governor, but if two or more be equal and highest in votes, one of them shall be chosen Gov- ernor by the joint vote of the members of both Houses. Contested elections shall be determined by a committee, to be Contested eiec- Selected from both Houses of, the General *'""*• Assembly, and formed and regulated in such manner as shall be directed by law. Sec. 3. The Governor shall hold, his office during four Term of the Gov- ycars from the third Tuesday of January ernor. ^^^^j-i gusuing his election, and shall uot be eli*ril)le to the office for the next succeeding terra. 8ec. 4. A Lieutenant-Governor shall be chosen at the Tite Lieutenant- saiue time, in the same manner, for the Governor. saiue term, and subject to the same pro- visions as the Governor ; he shall be President of the Senate, but shall have no vote unless they be equally divided. Si;c. 5. Ko person shall be eligible to the office of Governor ouiiiitieations OY Lieutenaut-Govemor except a citizen of j.hnu'Z'tn't'. Gov- '^'^ United States, who shall have attained '-''■'""■• the age of thirty years, and have been seven years next preceding his election an inhabitant of the State, unless he shall have been absent on the public business of the United States or of this State. Sec. 0. No member of Congress or person holding any office Vi-nffreHsmru, Under the United States or this State shall Ac, disqu„u/ieu. exercise the office of Governor or Lieutenant- Governor. Skc. 7. The Governor shall be commander-in-chief of the Governor to com- uvmy and navy of the Commo)iwealth, and '""'"' ""■""■"• of the militia, except when they shall be called into the actual service of the United States. 20 THE CONSTITUTION OF PENNSYLVANIA. 151 Sec. 8. He shall nominate and, by and with the advice and consent of two-thirds of all the members of the Senate, appoint a Secretary of the Connnonwealth and an Attorney- General during j^leasure, a Siii)erintendent /»«#/<»•»• of fiov- of Public Instruction for four years, and J^/;;;'' Z.^l'T'"} such other officers of the Commonwealth -Semite. as he is or may be authorized by the Constitution or by law to appoint ; he shall have power to fill all vacancies that may happen, in offices to which he may appoint, during tlie recess of the Senate, by granting commissions which shall expire at the end of their next session : he , ,, , 1. aw ii i To fill vacancies. shall have power to nil any vacancy that may happen, during the recess of the Senate, in the office of Auditor- General, State Treasurer, Secretary of Internal Aliairs, or Superintendent of Public Instruction, in a judicial office, or in any other elective office which he is or may be authorized to till ; if the vacancy shall hajjpen during the session of the Senate, the Governor shall nominate to the Senate, before their final adjournment, a proper person to fill said vacancy ; but in any such case of vacancy, in an elective office, a person shall be chosen to said office at the next general election, unless the vacancy shall happen within three calendar months immediately preceding such election, in which case the election for said office shall be held at the second succeeding jreneral election. In „ , , . » ^ . . ^ r\ Senate to net on acting on executive nominations, the benate nomhiationn with shall sit with open doors, and, in confirm- "^"'" '^""'■■*- iug or rejecting the nominations of the Governor, the vote shall be taken by yeas and nays, and shall voteg to be re- he entered on the journal. corded. Sec. 9. He shall have power to remit fines and forfeitures, to grant reprieves, commutations of sentence, I 7 , • 1' • 1 J. Pardoninfi power. and pardons, except in cases oj impeacmnent; but no pardon shall be granted, nor sentence commuted, except upon the recommendation in writing of the Lieutenant- Governor, Secretary of the Commonwealth, Attorney General, and Secretary of Internal Affiiirs, or any three of them, after full hearing, upon due public notice and in open session ; and such recommendation, with the reasons therefor at length, shall be recorded and filed in the office of the Secretary of the Commonwealth. Sec. 10. He may require information in writing from the 21 152 THE CONSTITUTION OF PENNSYLVANIA. Ooreruor may Qmcers of the executive department, upon any tion frinu execu- subject relating to the duties oj their 7-e8pec- tive officers. ^;^,^, ^^^^g^ Sec. 11. He shall , from time to time, give to the General Shall f/ifr iiifoi- Assembly hiformation of the state of the Com- nititxni mill rrcotii. ^)i0jiii}gait/i and recommend to their consider- ■HU-IIll IHtUI.SIIfCS to > _ • Gciitrai Assinihitj. ationsuchmeasures as he may judge expedient. Sec. 12. He viay, on extraordinary occasions, convene the Mnif eonvrne General Assevibbj, and in case of disagree- Oriyrai A.isembiif, mcnt between the two Houses, with respect to tifo iiiiii.st'.s ivJicu tlie time of adjournment, adjourn them to they (ii.s-, failure to qualifv, resisj-nation, or other dis- eriiorfoactas Gov ability ot the (jrovcrnor, the powers, duties, **''""''• and emoluments of the office, for the re- mainder of the term, or until the disability be removed, shall devolve upon the Lieutenant-Governor. Sec. 14. In case of a vacancy in the office of Lieutenant -. ., ^ Governor, or when the Lieutenant-Governor triiipore of the sluill be impeached by the House of Rep- *"""**'* resentatives, or shall be unable to exercise the duties of his office, the powers, duties, and emoluments thereof for the remainder of the term, or until the disability be removed, shall devolve upon the President pro tempore of the Senate ; and the President pro tempore of the Senate shall in like manner become Governor if a vacancy or dis- ability shall occur in the office of Governor ; his seat as Senator shall become vacant whenever he shall become Governor, and shall be filled by election as any other vacancy in the Senate. Sec. 15. Every bill which shall have passed hath Houses . ^.... shall be presented to the Governor; if he Ap2>rov(iloflnUs. i i ti ■ u l 4 u- l 1 ll t approve he shall sign n, out ij he shall not ajtprove he shall return it with kin objections to the House in whicJi it shall have originated, ivhicJi How^e shall enter the objections at large upon tJieir journal, and proceed to reconsider it. Jj, after such recunnideration, two-thirds of all the members 22 THE CONSTITUTION OF PENNSYL VANIA. 1 53 elected to that House shall agree to pass the bill, it shall be sent with the objections to the other Mouse, by which likewise it shall be reconsidered ; and if approved by two-thirds of all the members elected to that House it shall be a law ; bat i,i such cases the votes of both Mouses shall be determined by yeas and nays, and the names of the members voting for and against the bill shall be entered on th& journals of each Mouse respec- ticely. If any bill shall not be retwned by the Governor within ten days after it shall have been presented to him, jietnineu iniis to 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 he shall file the same, with his objections, iu the office of the Secretary of the Com- '*"''^' **"*' monwealth, and give notice thereof by public proclamation within thirty days after such adjournment. Sec. 16. The Governor shall have power to disapprove of any item or items of any bill makino; an- , ,• , , j propriations oi nnmey, embracing distuict ioirrj,r<,2jri- items, aud the part or parts of the bill ap- "*'""" '"'"*• proved shall be the law, and the item or items of appropriation disapproved shall be void, unless repassetl according to the rules and limitations prescribed for the passage of other bills over the executive veto. Sec. 17. The Chief Justice of the Supreme Court shall preside upon the trial of any contested elec- ^, . ^ ^ ,. tion ot Ctovernor or Lieutenant-Crovernor, 2^i;Ni,i<' ontiiai of and shall decide questions regarding the T/f'*'<*otrno7*'"n- admissibility of evidence, and shall, upon i^i^ntcnant - Goo- request of the committee, pronounce his 02)inion upon other questions of law involved in the trial. The Governor and Lieutenant-Governor shall exercise the duties af their respective offices until their successors shall be duly qualified. Sec. 18. 2Vie Secretary of the Commonwealth shall keep a record of all official acts and proceedings of sect-iffirijofCotn- the Governor, and when required lay the nutuwtiuitu. same, with all pajjers, minutes and vouchers relating thereto, before either branch of the General Assembly, and pierforni suck other duties as may be enjoined upon him by law. Sec. 19. The Secretary of Internal Affairs shall exercise 23 154 THE CONSTITUTION OF PENNSYLVANIA. all the powers aud perform all the duties of the Surveyor- General, subject to such changes as shall be made by law. Srctrttiry of In- His department shall embrace a bureau tcr„„i Affuirs. of industrial statistics, and he shall dis- charge such duties relating to corporations, to the charitable institutions, the agricultural, manufacturing, mining, mineral, timl)er, and other material or business interests ot the State as may be prescribed by law. He shall annually, and at such other times as may be required by law, make report to the General Assembly. Sec. 20. The Superintendent of Public Instruction shall „ • . , , exercise all the powers and i^erform all of i'ltoiic iiistriic the duties ot the buj)eriutendent oi Common ''""■ Schools, subject to such changes as shall be made by law. Skc. 21. The term of the Secretary of Internal Affairs Trtins of heads slmll be four years ; of the Auditor-General of department,,. ^jjj.^^ ^.y.^,.^ . ^^^j ^j- y^^, yj^^^ Treasurer two years. These officers shall be chosen by the qualified elec- tors of the State at general elections. !No person elected to the office of Auditor-General or State Treasurer shall be ca- pable of holding the same office for two consecutive terms. Sec. 22. Tkn pre-^ent Great Seal of I't'iutsy/vania fluUl be Seal of State. the tscal of the tState. All coininistiioiiii ahull be '''Niyned'''' and ^^ "* ^^^^ nuiite uitd bij autliovitij of the Com- xeaied. JiioiiiceuHh oj I'enitdi/lvuiiia, and be sealed iv'dh the IState seal, and s'lyned bi/ the Governor. ARTICLE V. The Judiciary, Section 1, The judicial poivcr of this Commonwealth shall be vested in a Supre)ne Court, in Courts of Common Pleas, Courts of Oyer and Tenni- ner and General Jail Delivery, Courts of Quarter Sessions of the Peace, Orphans' Courts, Magistrates' Courts, and in suck other courts as the General Asssembly inay from time to time establish. The Supreme Sec. 2. The Siipromc Court shall consist r.mri. Tenare „f (,J sKVKx judacs, ivlio shull bc elccted bii the lu-v. qaalijied electors oj the otate at laryc. 24 THE CONSTITUTION OF FENNSYL VANIA. 3 05 They shall hold their offices for the term o/tAventy-one years, if they so long behave themselves ivell, but shiill not be again eJigible. The judge whose commission shall first expire shall he chief justice, and thereafter each judge whose commission shall first expire shall in turn be chief justice. Sec. 3. The jurisdiction of the Supreme Court shall extend over the State, cuid the judges thereof shall, by ,T„,isdiefion of virtue of their offices, be justices of Oyer and ^"j»-i»'<' Court. Terminer and General Jail Delivery in the several counties; they shall have original jurisdiction in cases of injunction where a corporation is a party deleudant, of habeas corpus, of mandamus to courts of inferior jurisdiction, and of (pio warranto as to all officei's of the Commonwealth whose juris- diction extends over the State, but shall not exercise any other original jurisdiction ; they shall have apjjellate jurisdic- tion by ajjpeal, certiorari or writ of error in all cases, as is now or may hereafter he pirovided by law. Sec. 4. Until otherwise directed by law, the Courts of Common Pleas shall continue as at present cnrts of Com. established, except as herein cliantied : not "'"" J''''"«- ^>'»- ., ' ^ ^. , II - ' tiKf.s not to ion. more than four counties sliall, at any ti collected in said office, except such as may be by law due to the Comuionwealth, shall be paid by the prothono- tary into the county treasury. J'lich court shall have its separate dockets, except the judgment docket, which shall contain the judgments and 26 THE CONSTITUTION OF PENNSYLVANIA. 157 liens of all the said courts, as is or may be ^„fj,Z"Z fZ'oZ directed by law. jiKif/meiit una Heu Bec. 8. The said courts in the counties ''''<■''''*• of Philadelphia and Allegheny respectively, shall, from time to time, in turn detail one or more of their criminal courts judges to hold the Courts of Oyer and Ter- in riiiiudeipiaa miner and the Courts of Quarter Sessions "" ^y ">iu. of the Peace of said counties, in such manner as may be di- rected by law. Sec. 9. Judges of the Courts of Common Pleas learned in the law shall be Judges of the Courts of Oyer j,„.i.saivtion of and Terminer, Quarter Sessions of the Peace Commoti I'Uas and General Jail Delivery, and of the Or- "*'" ^''*'* j)hans' Court, and within their respective districts shall he Jus- - tices of the Peace as to criminal matters. Sec. 10. The judges of the Comis of Common Pleas, within their respective counties, shall have power jff„,j issue writs to issue writs of certiorari to Justices of the of <-frtioruri to iu- 7 ,; • /• • . I I- J /erior courts. Peace and ot/ier mjerior courts not oj record, and to cause their proceedings to be brought before them, and right and justice to be done. Sec. 11. Except as otherwise provided in this Constitution, justices of the peace or aldermen shall be justices of the elected in the several wards, districts, bor- pence and aider- oughs and townships at the time of the elec- tion of constables, by the qualified electors thereof, in such man- ner as shall be directed by law, and shall be commissioned by the Governor for a term of five years. No township, ward, district or borough shall elect more than ttvo justices of the peace or aldermen without the consent oj a majority of the qualified electors within such township, ward or borougli; nojjerson shall be elected to such office unless he shall have resided within the township, borough, ivard or district for one year next preceding his election. In cities containing over fifty thousand inhabitants, not more than one alderman shall be elected in each ward or district. Sec. 12. In Phihideiphia there shall be established, for each thirty thousand inhabitants, one court,' Maaistratps in not of record, of police and civil causes, -P^t''"'''''i'/""- with jurisdiction not exceeding one hundred dollars; such courts shall be held by magistrates whose term of office shall be five years, and tiiey shall be elected on general ticket by 14 27 158 THE CONSTITUTION OF PENNSYLVANIA. the qualified voters at large; and in the election of the said magistrates, no voter shall vote for more than two-tlnrds of the number of persons to be elected when more than one are to be chosen ; they shall be compensated only by fixed salaries, to be paid by said county ; and shall exercise such jurisdic- tion, civil and criminal, except as herein provided, as is now exercised by aldermen, subject to such changes, not involving AUiernian aboi- ^u increase of civil jurisdiction or confer- **'**'<^' ring political duties, as may be made by law. In Philadelphia the office of alderman is abolished. Sec. 13. All fees, tines, and penalties in said courts shall be paid into the county treasury. Sec. 14. In all cases of summary conviction in this Com- . , „ monwealth, or of judgment in suit for a Appf'ils from i i <• •' v stiiHiuatif coiivic penalty before a magistrate, or court not '"'"■ of record, either party may appeal to such court of record as may be prescribed by law, upon allowance of the appellate court or judge thereof upon cause shown. Sec. 15. All judges reqaired to be learned in the law, except Election and the judges of the Supreme Court, ahall be term, of jtidyis. elected bi) the qualified electoTS of the respective dislricts over xt'hich they are to preside, and shall hold their offices for the period of ten years, If they shall so long behave themselves well; bat for any reasonable cause, which shall not be sufficient ground for impeachment, the Governor may remove any of them on the address of two-thirds of each House of the General Assembly. Sec. 16. Whenever two judges of the Supreme Court are ,,,,,. „ . , to be chosen for the same term of service each of s,ip>-ime. Court votcr Shall votc for one only, and wlien three bit iimu,d vote. g^j,^, ^Q i^g chosen he shallvote for no more than two; candidates highest in vote shall be declared elected. Sec. 17. Should any two or more judges of the Supreme Priorifi/ of com. Court, or any two or more judges of the missio„>,ofjudues. (jourt of Comuiou Pleas for the same dis- trict, be elected at the same time, they shall, as soon after the election as convenient, cast lots for i)riority of commission, and certify the result to the Governor, who shall issue their commissions in accordance therewith. Sec. 18. The judges of the Supreme Co mi and the judges < o,„i,< nsaiioii of "J '^"' '^'^>'''>''d (JouHx of Common. Plea.-<, and judf/ia. all other judges required to be learned in the 28 THE CONSTITUTION OF PENNSYLVANLi. 159 law, shall at stated times receive for their services, an adequate compensation, which shall he fixed by law, and paid by the State. They shall receive no other compensation, fees, or perquisites of office for tfieir services from any source, nor 7 iiij -Oi J- jii 7 -17 rr -i 1 Disqualification. hold any other office of jyrofit under the United States, this State, or any oifier State. Sec. 19. Tfce judges of tfie Supreme Court, during tfieir continuance in office, sfiall reside witfiin tfiis Commonwealtfi; and tfie otfier judges, during ^** euceo/juif/es. tfieir continuance in office, sfiall reside witfiin the districts for xvfdcJi they sfiall be respectively elected. Sec. 20. Tfie several Courts of Common Pleas, besides tfie poivers fierein conferred, sfiall have and ex- ercise witfiin tfieir respective districts, subject of Con its', ,f Com. to sucfi cfianges as may be made by laiv, such '"""' ^'''"•^■ cfiancery powers as are now vested by law in tfie several Courts of Common Pleas of tfiis Commonwealtfi, or as may fiereafter be conferred upon tfiem by law. Sec. 21. No duties shall be imposed by law upon the Su- preme Court or any of the judges thereof, Noe.rtr(i-jii,iiriai except such as are judicial, nor shall any duties for 'jmhje.s. of the judges thereof exercise any power of appointment except as herein provided. The Court of Nisi Prius is hereby abolished, and no court of original jurisdiction to be presided over jyr^^j r,.u,s aboU by any one or more of the judges of the ished. Supreme Court shall be established. Sec. 22. In every county wherein the population shall exceed one hundred and fifty thousand, separate Or. the General Assembly shall, and in any pf^""^' Court. other county may, establish a separate Orphans' Court, to consist of one or more judges who shall be learned in the law, which court shall exercise all the jurisdiction and powers now vested in or which may hereafter be conferred upon the Orphans' Courts, and thereupon the jurisdiction of the judges of the Court of Common Pleas within such county, in Orphans' Court proceedings, shall cease and determine. In any county in which a separate Orphans' Court shall itegister of wnit be established, the register of wills shall be '» *«' '^^'■'^^ thereof. clerk of such court and subject to its directions, in all matters pertaining to his office ; he may appoint assistant clerks, but only with the consent and approval of said court. 29 c2 160 THE CONSTITUTION OF rENNSYLVANIA. All accounts filed with liim as register or as clerk of the said separate Orphans' Court, shall be Accounts therein - j i .1 x -.i i. to be audited by autlited Dj the court without expense to *'"'"■'*• j)arties, except where all parties in interest in a pending proceeding shall nominate an auditor whom the court may, in its discretion, appoint. Hef,isters' Courts ^^ cvery county Orphans' Courts shall abolished. posscss all the powers and jurisdiction of a Register's Court, and separate Kegisters' Courts are hereby abolished. Sec. 23. The style of all process shall be " The Comnion- stijie of process Wealth of Pennsylvania." All prosecutions and indictment, shall be Carried on in the name and by the authority of the Commonwealth of Pennsylvania, and con- clude " against the peace and dignity of the same." Sec. 24. In all cases of felonious homicide, and in such „ . . c. other criminal cases as may be provided Iteview in Su^ o 1 i ,1 "i i- • • preine Court in tor by law, the accusecl atter conviction crinunai cases. ^^^ sentence, may remove the indictment, record, and all proceedings to the Supreme Court for review. Sec. 25. Any vacancy happening by death, resignation, or Vacancies in otherwise, in any court of record, shall be courts -how filled, jm^d jjy appointment by the Governor, to continue till the first Monday of January next succeeding the first general election which sliall occur three or more months after the happening of such vacancy. Sec. 26. All laws relating to courts shall be general and Uniformiawsfor <'f Uniform operation, and the organization, courts, s:c. jurisdiction and powers of all courts of the same class or grade, so far as regulated by law, and the force and effect of the- process and judgments of such courts, shall Special courts be Uniform ; and the General Assembly is prohibited. hereby prohibited from creating other courts to exercise the powers vested by this Constitution in the judges of the Courts ofComnum Pleas and Orphans' Courts. Sec. 27. The parties, by agreement filed, may in any civil i'..rtiesn,a!,sub. casc dispcusc with trial by jury, and sub- tnit ,-.v.s«,-.v of /act mit the decision of such case to the court " '^""' ' having jurisdiction thereof, and such court shall hear and determine the same; and the judgment Appeals. tiiereon shall be subject to writ of error as in other cases. o 30 THE CONSTITUTION OF PENNSYLVANIA. 161 ARTICLE VI. Impeachment and Eemoval from OflBce. Section 1. The House of Representatives J 77 7 ,7 7 ... ^ 7 , Impedchment. shall ha ve the sole power oj imjjeachment. Sec. 2. All impeachments shall he tried by the Senate; ivhen sitting for that purpose the Senators shall be upon oath or affirmation ; no person shall be "*" ''"'^ ' convicted without the concurrence of two-thirds of the members present. Sec. 3. The Governor and all other civil officers shall be liable to iinpeachment for any misdemeanor wimt officers im- in office, but judgment in such cases shall not pc'ciiabie. extend further than to removal from office and disqualification to hold any office of trust or pjrofit under this Commonwealth ; the person accused, whether " o"w» • convicted or acquitted, shall nevertheless be liable to indictment, trial, judgment and j)wnishment according to law. Sec. 4. All officers shall hold their offices on the condition that they behave themselves well while in office, and cotiffition of offi^- shall be removed on conviction of misbehavior *'*"' *<'><"'•'• in office or of any infamous c^nme. Appointed officers, other than judges of the courts of record and the Superintendent of Public Instruction, may be removed at the pleasure of the power by which they shall have been appointed. All officers elected by the people, ex- cept Governor, Lieutenant-Governor, members of the General Assembly, and judges of the courts of record learned in law, shall be removed by the Governor for reasonable cause, after due notice and full hearing, on the address of two-thirds of the Senate. ARTICLE VII. Oath of Office. Section 1. Senators and Representatives and all judicial, State and county officers shall, before entering on the duties of their respective offices, take and subscribe the following oath or affirmation : " I do solemnly swear General oath of (or affirm) that I will support, obey and oifi'-«- defend the Constitution of the United States, and the Consti- 14* L 31 1G2 THE CONSTITUTION OF PENNSYLVANIA. tution of this Commonwealth, and that I will discharge the duties of my office with fidelity ; and that I have not paid or contributed, or promised to pay or contribute, either directly or indirectly, any money or otlier valuable thing, to procure my nomination or election (or appointment), except for necessary and proper expenses expressly author- izL'd by law ; that I have not knowingly violated any elec- tion law of this Commonwealth, or ])rocured it to be done by others in my behalf; that I will not knowingly receive, directly or indirectly, any money or other valuable thing for the per- formance or non-performance of any act or duty pertaining to my office, other than tlie compensation allowed by law." The foregoing oath sluiU be administered by some person authorized to administer oaths, and in the case of State officers and judges of the Supreme Court, shall be filed in the office of the Secretary of the Commonwealth, and in the case of other judicial and county officers, in the office of the pro- thonotary of the county in which the same is taken ; any j)erson refusing to take said oath or affirmation shall forfeit his office; and any j^erson who shall be convicted of having sworn or affirmed falsely, or of having violated said oath or affirmation, shall be guilty of perjury, and be forever dis- (pialified from holding any office of trust or profit within this CV)nimonwealth. The oath to the members of the Semite and House of Representatives, shall be administered by one of the judges of the Supreme Court or of a Court of Comniou rieas learned in the law, in the hall of the House to which the members shall be elected. ARTICLE VIII. Suffrage and Elections. Section 1. Every male citizen tioenty-one years of age, pos- Quniificntionn of ses-shif/ the following qualfftcations, shall be '■"''■'■'•'• entitled to vote at all elections : First. — He xhdll have been a citizen of the United States at least one month. Second. — He shall have resided in the State one year {or if, having previously been a qualijied elector or native born citizen of the State, he shall have removed therefrom and re- turned, then six months,) immediately jtreceding the election. Third. — He shall have resided in the election district where he 32 THE CONSTITUTION OF PENNSYLVANIA. 163 shall offer to vote at least two vaonih'i immediately preceding the election. Fourth. — IJ twenty-two years of age or upivards, he shall have jjaid within two years a State or county tax, wJiirh shall have been assessed at least two mouths and paid at least one nioutli before tlis election. Sec. 2. The general election shall be held annually on the Tuesday next followine; the first Monday ^ , , . ,. -. T 1 1 . , 1 /--i I * 11 General electtons. 01 JNovember, but the (jreneral Assembly may by law fix a different day, two-thirds of all the mem- bers of each House consenting thereto. Sec. 3. All elections for city, ward, borough and township officers, for regular terms of service, shall Municipal eiec- be held ou the third Tuesday of February. *'""*• Sec. 4. All elections by the citizens shall be by ballot. Every ballot voted shall be numbered in Elections to w hy the order iu which it shall be received, and haiiot and ballots the number recorded by the election officers «^""*'""'*''<^' on the list of voters, opposite the name of the elector who presents the ballot. Any elector may write E„aorsetnents his name upon his ticket, or cause the thct-eon. author- same to be written thereon and attested by ^^*"^' a citizen of the district. The election officers shall be sworn or affirmed not to disclose how any elector shall have voted unless required to do so as witnesses in a judicial proceeding. Sec. 5. Electors shall in all cases except treason, felony and breach or surety of the jieace, be 2yrivileged Electors privi- from arrest during their attendance on elec- ^ffftd I'rotn arrest, lions and in going to and returning therefrom. Sec. 6. Whenever any of the qualified electors of this Com- momvealth shall be in actual military service, under a requidtionfrom the President of the *■ " **^'' "" *"^' United States or by the authority of this Commonwealth, such electors may exercise the 7'ight of suffrage in all elections by the citizens, under such regulations as are or shall be prrescribed by law, as fully as if they were present at their usual places of election. Sec. 7. All laws regulating the holding of elections by the citizens or for the registration of elec- Election laws to tors shall be uniform throughout the State, reyi'su'red' elector's but no elector shall be deprived of the tuay vote, privilege of voting by reason of his name not being reg- istered. 33 3 164 THE CONSTITUTION OF PENNSYLVANIA. Sec. 8. Any person -wlio f^llall give, or promise or offer to Corruption to diif gi^'G, to an elector, any money, reward or qtiaiifu voters. other Valuable consideration for his vote at an election, or for withholding the same, or who shall give or promise to give such consideration to any other person or party for such elector's vote or for the withholding thereof, and any elector who shall receive or agree to receive, for himself or for another, any money, reward or other valuable consideration for his vote at an election, or for withholding the same, shall thereby forfeit the right to vote at such elec- tion, and any elector whose right to vote I'lf/e. shall be challenged for such cause before the election officers, shall be required to swear or affirm that the matter of the challenge is untrue before his vote shall be received. Sec. 9. Any person who shall, while a candidate for office, Cnn'ii- be guilty of bribery, fraud, or wilful vio- %^u!:iiir!l"' ^i^l- J'ltion of any election law, shall be for- hotitin.j „jiice. -ever disqualified from holding an office of trust or profit in this Commonwealth : and any person con- nnfiii violation victed of wilful violation of the election "liJi/uaii'/'y foi'-'vot'- ^^^^^'^ sliall, ill addition to any penalties '"«/• provided by law, be deprived of the right of suffrage absolutely for a term of four years. Sec. 10. In trials of contested elections, and in proceed- VitnrsufH not to iugs for tlic Investigation of elections, no \',!on!/"\n eiiction pcTsou sluill bc permitted to Withhold liis <^"'«'<- testimony upon the ground that it may criminate himself or subject him to public infamy; but such teslimoiiy shall not afterwards be used against him in any judicial proceeding except for perjury in giving such, tes- timony. Sec. 11. Townships, and wards of cities or boroughs, shall ,., . ... form or be divided into election districts J'jfction e divided by the Courts of Quarter Sessions, having jurisdiction therein, whenever at the next preceding election more than two hundred and fifty votes shall have been polled liierein ; and other election districts whenever the 34 THE CONSTITUTION OF PENNSYLVANIA. 165 court of the proper county shall be of opinion that the con- venience of electors and the public interests will be promoted thereby. Sec. 12. All elections by persons in a rep- npprpsentntives resentative capacity shall be viva voce. *" ^"'^ """* *"'*'^* Sec. 13. For the purpose of voting no person shall be deemed to have gained a residence by rea- Kesiaenre of v»t. son of his pre-sence, or lost it by reason of Zst ""in "'certain his absence, while employed in the service, cases. either civil or military, of this State or of the United States, nor while engaged in the navigation of the w'aters of the State or of the United States, or on the high seas, nor while a student of any institution of learning, nor while kept in any poor-house or other asylum at public expense, nor while confined in public prison. Sec. 14. District election boards shall consist of a judge and two inspectors, who shall be chosen ,1 1,1 • , • T^ ' 1 1 . Election boards. annually by the citizens. li,ach elector shall have the right to vote for the judge and one inspector, and each inspector shall appoint one clerk. The first election board lor any new dis- trict shall be selected, and vacancies in Vacnncies. election boards filled, as shall be provided by law. Election officers shall be privileged from arrest rriviief/esofeiec- upon days of election, and while engaged Hon officers. in making up and transmitting returns, except upon war- rant of a court of record or judge thereof, for an elec- tion fraud, for felony, or for wanton breach of the peace. In cities they may claim exemption from jury duty during their terms of service. Sec. lo. No person shall be qualified to serve as an elec- tion officer who shall hold, or shall within Government of- two months have held any office, appoint- ficfs and em- , 1 J. • 1 ii jtloi/ees disniitili- ment or employment in or under the gov- jied to serve as eminent of the United States or of this f't'^ction officers. State, or of any city, or county, or of any municipal board, commission or trust in any city, save only justices of the peace and aldermen, notaries public and persons in the militia service of the State ; nor shall any election officer be eligible to any civil office to be filled at an lueUgibUity of election at which he shall serve, save only election officers. to such subordinate municipal or local offices, below the 35 166 THE CONSTITUTION OF rENNSYLVANIA. grade of city or county offices, as shall be designated by gen- eral law. Sec. 16. The Courts of Common Pleas of the several Courts of Com. couuties of the Commonwealth shall have ,Xrrt'"/"t"r"«7 P^^^er within their respective jurisdictions, ehctioii.i. to appoint overseers of election to super- vise the proceedings of election officers and to make report to the court as may be required ; such appointments to be made for any district in a city or county upon petition of five citizens, lawful voters of such election district, setting forth that such appointment is a reasonable precau- tion to secure the purity and fairness of elections ; overseers shall be two in number for an election district, shall be resi- dents therein, and shall be persons qunlified to serve upon election boards, and in each case members of different po- Orrrsorrs tnrn/ litit'al parties; whenever the niembersof drridrqiirntions of au elcctiou board shall differ in opinion dijfinnw. ^j^g overseers, if they sliall be agreed there- on, shall decide the question of difference ; in appointing overseers of election all the law judges of the proper court, able to act at the time, shall concur in the appointments made. Sec. 17. The trial and determination of contested elections Trial of contested of clcctors of President and Vice-President, elections. members of the General Assembly, and of all public officers, whether State, judicial, municipal, or local, shall be by the courts of law, or by one or more of the law judges thereof; the General Assembly shall, by general law, designate the courts and judges by whom the several classes of election contests shall be tried, and regulate the manner of trial and all matters incident thereto ; but no such law assigning jurisdiction, or regulating its exercise, sliall apply to any contest arising out of an election held before its passage. ARTICLE IX. Taxation and Finance. SiX'Tiox 1. All taxes shall be uniform, uj)()n the same 7Vixr« to t/e iini. chiss of subjccts, witliiu the territorial f'"'"- limits of the authority levying the tax, and thall be levied and collected under general laws; but the 36 THE CONSTITUTION OF PENNS YL VANIA . 167 General Assembly may,"by general laws, exempt from taxa- tion public property used for public pur- _ ^ ,11 r> 1- • I Exctnntions. poses, actual places ot religious worship, places of burial not used or held for private or corporate profit, and institutions of purely public charity. Skc. 2. All laws exempting property from taxation, other than the property above enumerated, shall zimitatiou of be void. P''""''' '" '•^'""^'^ Sec. 3. The power to tax corporations and corporate prop- erty shall not be surrendered or suspended j.„„,p,. ^„ f„j, ^or- by any contract or grant to which the State porntions not to be shall be a party. surrc,.a.re . . £i l il, ciis!ostn'by one thousand eight hundred and seventy- Umitea vote. five and every third year thereafter ; and in the election of said officers each qualified elector shall vote for no more than two persons, and the three persons having the highest number of votes shall be elected; any vacancies — hotv casual vacancy in the office of county /»''e<^- commissioner or county auditor shall be filled by the Court 41 1^2 172 THE CONSTITUTION OF rENNSYLVANIA. of Common Pleas of the county in which such vacancy shall occur, by the appointment of an elector of the proper county ■\vho shall have voted for the commissioner or audi- tor whose place is to be filled. ARTICLE XV. Cities and City Charters. Section 1. Cities may be chartered whenever a majority General laws to of the elcctors of any town or borough establish cities. having a population of at least ten thousand shall vote at any general election in favor of the same. Sec. 2. No debt shall be contracted or liability incurred by jtiiinieijxii eom. any municipal commissiou, except in pursu- cari>r: or manufac- vinioifc III nulling, l . • i j. • -ini'iiiiijiictitrint/, turuig articlcs tor transportation over its *"■ works ; nor shall such company, directly or indirectly, engage in any other business thau that of com- mon-carriers, or hold or acquire lands, freehold or leasehold, directly or indirectly, except such as shall be necessary for carrying on its business ; but any niininji; Exception. •' ^,. , • .1 or manufacturing company may carry the products of its mines and manufactories on its railroad or canal not exceeding fifty miles in length. 8ec. 6. No president, director, officer, agent or employee Offirrrs, &r., of of aiiy raili'oad or canal company shall be coin/tiinirs not to • , til' ii • ^• ^i • ^i ±' rni/'ii/r in trims, interested, directly or indirectly, in the fur- jtortiitiouhusinrss. ni.shing yf material or supplies to such company, or in the business of transportation as a common carrier of freight or ])assengers over the works owned, leased, controlled or worked by such company. Sec. 7. No discrimination in charges or facilities for tran's- No lUsrriiniiia- P^rtiition sluUl be liuulc bctwecu trauspoi'ta- tion ill rii,ir,,rs to tlou compauies and individuals, or in favor triinsiiort' rs. i- -^t 1 1 , .1 1 « 1 ot either, by abatement, drawback or other- wise, ami no railroad or canal company, or any lessee, man- ager or employee thereof, shall make any preferences in fiir- uishing cars or motive power. Sec. 8. No railroad, railway or other transportation com- Fror puHsra on paiiy sliall grant free passes, or passes at a luHii^d!" ^"'"' <''^''<»'i'f, to any persons except officers or employees of tlie company. 40 THE CONSTITUTION OF PENNS YL VANI. 1 . 177 Sec. 9. No street passenger railway rnssmaer mil. shall be constructed within the limits of \"','.'„rtrd "u-nuout any city, borouoh or township without the <•<>,>""■"* "/ »"""■ consent of its local authorities. Sec. 10. No railroad, canal or other transportation com- pany, in existence at the time of the adop- , ■'.•''„,. . , 1 11 1 1 1 h Acceptiiiice of tiou 01 this article, shall have the beneht this fnticie bij of any future legislation by general or '^""'imnies. special laws, except on condition of complete acceptance of all the provisions of this article. Sec. 11. The existing powers and duties of the Auditor- General in regard to railroads, canals -^ ,. ^ ^ ,■ o . ' . Duties of Aiitli. and other transportation companies, ex- toi-.tiiiurui as to cept as to their accounts, are hereby trans- ''p".'/.",','''7o fw'-*.' ferred to the Secretary of Internal Affairs, *'!''!'. ^t' i»t<">'>ii who shall have a general supervision over them, subject to such regulations and alterations as shall be provided by law ; and, in addition to the annual rejjorts now required to be made, said Secretary may require special re- ports at any time upon any subject relating to the business of said companies from any officer or officers thereof. Sec. 12. The General Assembly shall n 1 • i 1 • 1 i- ^'i J^aws to enforce, entorce by appropriate legislation the i^ro- visioiis of this article. ARTICLE XVIII. Future Amendments. Section. 1. Anxj amendment or amendments to this Con- stitution may be proposed in the Serxite Amendments or House of Bepjresentatives ; and, if the »*"// &« pro2>osed same shall be agreed to by a majority of tlie ^ -^''f '* "<"'■<•. members elected to each House, such p7'oposed amendment or amendments shall be entered on their journals with the yeas and nays taken thereon, and the Secretary of the Commonwealth shall caxise the same to be published, three months before the next general election, in at least two newspapers in every coiody in which such newspapers shall be published; and if, in the General Assembly next afterwards chosen, siich j^roposed amend- ment or amendments shall be agreed to by a majority of the members elected to each House, the Secretary of the Connnon- M 47 178 THE CONSTITUTION OF PENNSYLVANIA. weallh sliall cause the same again to be published in the manner aforesaid ; and stick proposed amendment or amendments shall be submitted to the qualified electors of the State in such man- ner, and at such time at least three moidhs after being so agreed to by the tico Houses, as the Goieral Assembhj shall prescribe ; and, if such amendmeid or amendments shall be approved by a roiisiitiitioiKii vuiJorUy of those voting thereon, such amend- auKii.hiiynfs not to mmt or aiueudmods shall become a part of vv thitn oiire in Jive tiw to)istd'uf lou / out uo amendment or !><"'"• ameudmeids >^hall be submitted oftener than once in fire years. When two or more amendments shall be submitted, they shall be voted upon separately. 48 SCHEDULE. That no inconvenience may arise from the changes in the Constitution of the Commonwealth, and in order to carry the same into complete operation, it is hereby declared that : — Section 1. This Constitution shall take effect on the first day of January, in the year one thousand when to take cf' eight hundred and seventy-four, for all /'•'*• purposes not otherwise provided for therein. Sec. 2. All laws in force in this Commonwealth at the time of the adoption of this Constitution not inconsistent therewith, and all rights, "'""'' actions, iirosecutions and contracts shall continue as if this Constitution had not been adopted. Sec. 3. At the general election in the year one thousand eight hundred and seventy-four and one c. ^ ^ , thousand eight hundred and seventy-five, ehcuui in isr-i Senators shall be elected in all districts ""^^ ^*'"^^- where there shall be vacancies. Those elected in the year one thousand eight hundred and seventy-four shall serve for two years, and TheU- terms um- those elected in the year one thousand eight '*'''^- hundred' and seventy-five shall serve for one year. Senators now elected and those whose terms are unexpired shall repre- sent the districts in which they reside until the end of the terms for which they were elected. Sec. 4. At the general election in the year one thousand eight hundred and sixty-six. Senators shall 4^ f„n senate to be elected from even numbered districts be chosen in isto. to serve for two years, and from odd numbered districts to serve for four years. Sec. 5. The first election of Governor under this Constitu- tion shall be at the general election in the ^ . ^„^_ J, 1-1 1 IT 1 Governor in IS / 5 year one thousand eight hundred and fo>' s y< X' ■ 1 i„ Tiill abolished. uarter oessious oi the r eace ot said county. Sec. 12. The Registers' Courts now in existence shall be abolished on the first of January next jirgistevs' coarts succeeding the adoption of this Constitu- nhoilsiud junuanj tion. Sec. 13. The General Assembly shall, at the next session after the adoption of this Constitution, des- T>(>si and seventy-five. Sec. 19. In the county of Allegheny, for the purjDose of first organization under this Constitution, Orffanizatiou in the judges of the Court of Common Pleas, -^ii^'jheuy Co>u,t,j. at the time of the adoption of this Constitution, shall be the judges of the court number one, and the judges of the Dis- trict Court, at the same date, shall be the judges of the Common Pleas number two. The President Judges of the Common Pleas and District Court shall be President Judge of said 1 1 , ,• I President Judges. courts numbers one and two, resjiectively, until their offices shall end ; and thereafter the judge oldest in commission shall be President Judge ; but any President Judge re-elected in the same court or district shall continue to be President Judge thereof. Sec. 20. The organization of the Courts of Common Pleas under this Constitution for the counties of ^ , , T->i -1 1 1 I • 1 A 11 1 111 1 Courts to organ- Philadelphia and Allegheny shall take i^vj>n junuarg i, efiect on the first Monday of January, oue ^^'^• thousand eight hundred and seventy-five, and existing courts in said counties shall continue with their ^y^^ existing present powers and jurisdiction until that courts to continue, date, but no new suits shall be instituted . . in the courts of Nisi Prius after the adop- tion of this Constitution. Sec. 21. The causes and proceedings pending in the Court of Nisi Prius, Court of Common Pleas, Tmnsfer of cases and District Court in Philadelphia shall /'•"'". ^^'**';'>* , . , IT 1 f> • 1 /-( /. Court rmil Nist be tried and disposed ol in the Court oi J'rius to Common Common Pleas. Pieas. The records and dockets of said courts shall be transferred to the Prothonotary's office of said county. Sec. 22. The causes and proceedings pending in the Court of Common Pleas in the county of Alle- cnses in common gheny shall be tried and disposed of in the c!^^'^rldeifhe-!'i court number one ; and the causes and ussigned. proceedings pending in the District Court shall be tried and disposed of in the court number two. Sec. 2o. The Prothonotary of the Court of Common Pleas 53 5* ]S1 THE CONSTITUTION OF PENNSYLVANrA. i'r,.th„„oun-v i'l of Philadclpliia sliall be first appointed by J'l,il'iifri-J: of oi/cr Hiission shall expire, and the present clerk ^ auii Trituhnr inid of the Court of Ovcr and Tenniner and g,.„rtcr sessions. Q^j^j^.^g^. Sessious of the Peacc in Phila- delphia shall be the clerk of such court until the expiration of his present commission on the first Monday of December, in the year one thousand eight hundred and seventy-five. Sec. 24. In cities containing over fifty thousand inhabi- Ahieimen elected tants, exccpt Phihuhjlpliia, all aldermen ill. I'eb., 1S73. in otfice at the time of the adoption of this Constitution shall continue in office until the expiration of their commissions ; and at the election for city and ward officers in the year one thousand eight hundred and seventy- five, one alderman shall be elected in each ward as provided in this Constitution, Sec. 25. In Philadelphia magistrates, in lieu of aldermen, viiiiadejphia sh'ill be chosen, as required in this Consti- iti'f^n si rates in lutiou, at the election in said city for city and ward officers in the year one thousand eight hundred and seventy-five ; their term of office shall com- mence on the first Monday of April succeeding their election. The terras of office of aldermen in said city holding, or en- Aidermenofi'hii- titled to, commissious at the time of the tuieipiiia. adoption of this Constitution shall not be afi'ected thereby. Sec. 26. All persons in office in this Commonwealth at the offirers to hold to time of the axloption of this Constitution, and eud of their tern,, .^t thc first elcctiou uudei" it, shall hold their respective offices until the term for which they have been elei'ted or appointed shall expire, and until their successors shall be duly (puilified, unless otherwise providetl in this Constitution. Sec. 27. The seventh article of this Constitution prescrib- oiitJi to he fahen ing ivu oatli of ofiicc shall take cfi'ect on ''""■ '"'• "^'^■''- and after the first day of Januar}', one thousand eight hundred and seventy-five. 64 THE CONSTITUTION OF PENNSYLVANIA. 185 Sec. 28. The terms of office of County Commissioners and County Auditors, chosen prior to the year t/ic County Com. one thousand eight hundred and seventy- ^!ll^,TiiorJ>''''trrm''u> five, wliich shall not have expired before endjiiu.ifit,is70. the first Monday of January in the year one thousand eight hundred and seventy-six, shall expire on that day. Sec. 29. All State, county, city, ward, borough and town- ship officers in office at the time of the coiuprusation of adoption of this Constitution, whose com- office,:stoco„tu,,ie. pensation is not provided for by salaries alone, shall continue to receive the compensation allowed them by law until the expiration of their respective terms of office. Sec. 30. All State and judicial officers heretofore elected, sworn, affirmed, or in office when this Con- what officers are stitution shall take effect, shall severally, to take oath in within one month after such adoption, *'"''''^ ''"^*- take 'and subscribe an oath or affirmation to support this Constitution. Sec. 31. The General Assembly at its first session, or as soon as may be, after the adoption of this j^^ rcaisia. Constitution, shall 2^ass such laws as may tui<. Laws to be be necessary to carry the same into full i"'**"^- force and elfect. Sec. 32. The ordinance passed by this Convention entitled " An Ordinance for submitting the amended Constitution of Pennsylvania to a vote of the electors thereof" shall bo held to be valid for all the purposes thereof Sec. 33. The words " County Commissioners," wherever used in this Constitution and in any ordi- county Commis. nance accompanying the same, shall be sioners. held to include the Commissioners for the city of Philadelphia, Adopted at Philadelphia, on the third day of November, in the year of our Lord one thousand^ eight hundred and seventy-three. JOHN H. WALKER, Attest : President. D, L. Imbrie, Chief Clerk. 16* 55 18G THE CONSTITUTION OF PENNSYLVANIA. George A. Aeheubacli. John E. Addicks. William H. Aiiiey, Hamilton Alricks. G. W. Andrews. William II. Armstrong. William J. Baer. Joseph Baily. John M. Bailey. William D. Baker. Thomas R. Baunan. George G. Barclay. John Bardsley. James P. Barr. Linn Bartholomew. M. C. Beebe. George W. Biddle. William Bigler. C. A. Black. Charles 0. Bowman, Charles Brodhead. J. M. Broomall. I\. Brown. C. K. Buckalew. John C. Bullitt. Samuel Calvin. John 11. Campbell. Henry C. Carey. Henry Carter. Lewis C. Cassidy. Pearson Church. Silas M. Clark. Thomas E. Cochran. John Collins. NN'iJliam L. Corbett. George N. Corson. David Craig. John P. Cronmiller. James W. Curry. Andrew G. Cur tin. Theodore Cuyler. George M. Dallas. William Darlington. William Davis. R. M. Do France. S. C. T. Dodd. A. B. Dunning. Matthew Edwards. M. F. Elliott. James Ellis. Thomas Ewing. J. Gillingham Fell. A. C. Finney. A. M. Fulton. Josiah Funck. John Gibson. John Gilpin. H. Green. J. B. Guthrie. John G. Hall. William B. Hanna. Edward Harvey. Malcolm Hay. T. II. Hazzard. Joseph Hemphill. James H. Heverin. George F. Plorton. Thomas Howard, diaries Hunsicker. I). Kaiuc. 5f) THE CONSTITUTION OF PENNSYLVANIA. 187 E. C. Knight. R. A. Laiuberton. Aug. S, Laiidis. George V. Lawrence. AVilliam Lilly. W. E. Littleton. Zacb. H, Long. Thomas MacConnell. Wayne MacVeagh. Joel B. M'Camant. William M'Clean. John M'Culloch. Morton M'Michael. John M'Murray. John S. Mann. Frank Mantor. John G. Metzger. Samuel Minor. L. Z. Mitchell. Henry S. Mott. James W. M. Newlin. Jerome B. Niles. G. W. Palmer. Henry W. Palmer. H. C. Parsons. D. W. Patterson. T. H. Baircl Patterson. Joseph G. Patton. David S. Porter. Lewis Pughe. Andrew A. Purman. John N. Purviance. Samuel A. Purviance. John R. Read. Andrew Reed. Levi Rooke. George Ross. C. M. Runk. Samuel L. Russell. J. M'Dowell Sharpe. J. Alex. Simpson. H. G. Smith. H. W. Smith. W. H. Smith. M. Hall Stanton. John Stewart. Thomas Struthers. Benjamin L. Temple. William J. Turrell. Henry Van Reed. J. M. Wetherill. J. Price Wetherill. Samuel M. AVherry. David N. White. Harry White. J. W. F. White. George W. Woodward. Edward R. Worrell. Caleb E. Wright. 57 AN OEDINANCE FOR SUBMITTING THE AMENDED CONSTITUTION OF PENN- SYLVANIA TO A VOTE OF THE QUALIFIED ELECTORS THEREOF. Be it ordained by the Constitidional Convention of the Com- vio)iivealth of Pennsylvania, as follows : 1. That the anieiided Constitution prepared hy this Con- vention be submitted to the qualified electors of the Coni- raouwealth for their adoption or rejection, at an election to be held on the third Tuesday of December next; except as hereinafter ordered and directed, the said election shall be held and conducted by the regular election officers in the several election districts throughout the Commonwealth, under all the regulations and provisions of existing laws re- lating to general elections ; and the sherifis of the several counties shall give at least twenty days' notice of said elec- tion by proclamation. 2. The Secretary of the Commonwealth shall, at least twenty days before the said election, furnish to the Commis- sioners of each county a sufiicient number of properly pre- pared circulars of instructions. The Commissioners of the several counties shall cause to be printed at least three times as many ballots of affirmative votes as there are voters iu each county — and the same number of negative votes; and the said Commissioners shall, at least five days before said election, cause to be fairly distributed to the several election districts in their respective counties, the said ballots, tally- lists, returns, circulars of instructions, and such other books and papers as may be necessary. The ballots shall be printed (jr written in the following form : On the outside the words " New Constitution ; " in the inside for all persons giving affirmative votes the words " For the New Constitu- tion," and for all persons giving negative votes the words "Against the New Constitution." 58 188 THE CONSTITUTION OF rENNSYirANIA. 189 o. If it shall appear that a majority of the votes polled are for the new Constitution, then it shall be the Constitu- tion of the Commonwealth of Pennsylvania on and after the first day of January, in the year of our Lord one thou- sand eight hundred and seventy-tour ; but if it shall appear that a majority of the votes polled were against the new Constitution, then it shall be rejected and be null and void. 4. Five Commissioners of Election, viz. : Edwin H. Fit- ler, Edward Browning, John P. Verree, Henry B. Hagert, and John O. James, are hereby appointed by this Conven- tion, who shall have direction of the election upon this amended Constitution in the city of Pliiladelphia. The said Commissioners shall be duly sworn or affirmed to perform their duties with impartiality and fidelity. They shall also have power to fill vacancies in their own number. It shall be the duty of said Commissioners, or a majority of them, and they shall have authority to make a registration of voters for the several election divisions of said city, and to furnish the lists so made to the election officers of each pre- cinct or division ; to distribute the tickets for said city pro- vided for by this ordinance to be used at the election; to ap- point a judge and two inspectors for each election division, by whom the election therein shall be held and conducted, and to give all necessary instructions to the election officers regarding their duties in holding the election and in making returns thereof. No person shall serve as an election officer Avho would be disqualified under Section 15, Article 8, of the new Constitution. The general return of the election in the said city shall be opened, computed and certified befoi'e the said Commissioners, and with their approval — which ap- proval shall be endorsed upon the return. They shall make report, directed to the President of this Convention, of their official action under this ordinance and concerning the con- duct of the said election within the said city. The judges and inspectors aforesaid shall conduct the election in all respects conformably to the general election laws of this Commonwealth, and with like powers and duties to those of ordinary election officers. Each inspector shall appoint one clerk to assist the Board in the performance of its duties, and all the election officers shall be duly sworn or affirmed according to law, and shall possess all the qualifica- tions required by law of election officers in this Commou- 59 100 THE CONSTITUTION OF PENNSYLVANTA. Avesilth. At said election any duly qualified elector who shall be unregistered, shall be permitted to vote upon mak- ing proof of his right to the election officers, according to the general election laws of this Commonwealth. Return inspectors and their clerks and an hourly count of the votes shall be dispensed with, but overseers of election may be selected for any precinct by said Election Commissioners, whose duties and powers shall be the same as those of over- seers of election in said city under existing election laws ap- plicable thereto. Returns of the election shall be made in said city as in the case of an election for Governor, but a triplicate general return for said city shall be made out and forwarded to the President of this Convention at Harrisburg, as is hereafter provided in case of county returns. 5. In each of the counties of the Commonwealth (ex- cept Philadelphia), the returns of the election shall be made as in the case of an election for Governor, but the return judges in each county shall make out a triplicate county return, and transmit the same within five days after the election, directed to the President of this Convention at Harrisburg. Done in Convention this third day of November, in the year of our Lord one thousand eight hundred and seventy- three. JOHN H. WALKER, President. Attest: D. L. Imbrte, Chief Clerk. GO THE LIBRARY UNIVERSITY OF CALIFORNIA Santa Barbara THIS BOOK IS DUE ON THE LAST DATE STAMPED BELOW. ^•'.•'•'.•'l '^!^