WHEREAS all government ought to be instituted
and supported for the security and protection of the community as such,
and to enable the individuals who compose it to enjoy their natural
rights, and the other blessings which the Author of existence has
bestowed upon man; and whenever these great ends of government are not
obtained, the people have a right, by common consent to change it, and
take such measures as to them may appear necessary to promote their
safety and happiness. AND WHEREAS the inhabitants o f this commonwealth
have in consideration of protection only, heretofore acknowledged
allegiance to the king of Great Britain; and the said king has not only
withdrawn that protection, but commenced, and still continues to carry
on, with unabated vengeance, a most cruel and unjust war against them,
employing therein, not only the troops of Great Britain, but foreign
mercenaries, savages and slaves, for the avowed purpose of reducing them
to a total and abject submission to the despotic domination of the
British parliament, with many other acts of tyranny, (more fully set
forth in the declaration of Congress) whereby all allegiance and fealty
to the said king and his successors, are dissolved and at an end, and
all power and authority derived from him ceased in these colonies. AND
WHEREAS it is absolutely necessary for the welfare and safety of the
inhabitants of said colonies, that they be henceforth free and
independent States, and that just, permanent, and proper forms of
government exist in every part of them, derived from and founded on the
authority of the people only, agreeable to the directions of the
honorable American Congress. We, the representatives of the freemen of
Pennsylvania, in general convention met, for the express purpose of
framing such a government, confessing the goodness of the great Governor
of the universe (who alone knows to what degree of earthly happiness
mankind may attain, by perfecting the arts of government) in permitting
the people of this State, by common consent, and without violence,
deliberately to form for themselves such just rules as they shall think
best, for governing their future society, and being fully convinced,
that it is our indispensable duty to establish such original principles
of government, as will best promote the general happiness of the people
of this State, and their posterity, and provide for future improvements,
without partiality for, or prejudice against any particular class, sect,
or denomination of men whatever, do, by virtue of the authority vested
in use by our constituents, ordain, declare, and establish, the
following Declaration of Rights and Frame of Government, to be the
CONSTITUTION of this commonwealth, and to remain in force therein for
ever, unaltered, except in such articles as shall hereafter on
experience be found to require improvement, and which shall by the same
authority of the people, fairly delegated as this frame of government
directs, be amended or improved for the more effectual obtaining and
securing the great end and design of all government, herein before
mentioned.
A DECLARATION OF THE RIGHTS OF THE INHABITANTS
OF THE COMMONWEALTH OR STATE OF PENNSYLVANIA
I. That all men are born equally free and
independent, and have certain natural, inherent and inalienable rights,
amongst which are, the enjoying and defending life and liberty,
acquiring, possessing and protecting property, and pursuing and
obtaining happiness and safety.
II. That all men have a natural and unalienable right to worship
Almighty God according to the dictates of their own consciences and
understanding: And that no man ought or of right can be compelled to
attend any religious worship, or erect or support any place of worship,
or maintain any ministry, contrary to, or against, his own free will and
consent: Nor can any man, who acknowledges the being of a God, be justly
deprived or abridged of any civil right as a citizen, on account of his
religious sentiments or peculiar mode of religious worship: And that no
authority can or ought to be vested in, or assumed by any power
whatever, that shall in any case interfere with, or in any manner
control, the right of conscience in the free exercise of religious
worship.
III. That the people of this State have the sole, exclusive and inherent
right of governing and regulating the internal police of the same.
IV. That all power being originally inherent in, and consequently
derived from, the people; therefore all officers of government, whether
legislative or executive, are their trustees and servants, and at all
times accountable to them.
V. That government is, or ought to be, instituted for the common
benefit, protection and security of the people, nation or community; and
not for the particular emolument or advantage of any single man, family,
or soft of men, who are a part only of that community, And that the
community hath an indubitable, unalienable and indefeasible right to
reform, alter, or abolish government in such manner as shall be by that
community judged most conducive to the public will.
VI. That those who are employed in the legislative and executive
business of the State, may be restrained from oppression, the people
have a right, at such periods as they may think proper, to reduce their
public officers to a private station, and supply the vacancies by
certain and regular elections.
VII. That all elections ought to be free; and that all free men having a
sufficient evident common interest with, and attachment to the
community, have a right to elect officers, or to be elected into office.
VIII. That every member of society hath a right to be protected in the
enjoyment of life, liberty and property, and therefore is bound to
contribute his proportion towards the expense of that protection, and
yield his personal service when necessary, or an equivalent thereto: But
no part of a man's property can be justly taken from him, or applied to
public uses, without his own consent, or that of his legal
representatives: Nor can any man who is conscientiously scrupulous of
bearing arms, be justly compelled thereto, if he will pay such
equivalent, nor are the people bound by any laws, but such as they have
in like manner assented to, for their common good.
IX. That in all prosecutions for criminal offences, a man hath a right
to be heard by himself and his council, to demand the cause and nature
of his accusation, to be confronted with the witnesses, to call for
evidence in his favor, and a speedy public trial, by an impartial jury
of the country, without the unanimous consent of which jury he cannot be
found guilty; nor can he be compelled to give evidence against himself;
nor can any man be justly deprived of his liberty except by the laws of
the land, or the judgment of his peers.
X. That the people have a right to hold themselves, their houses,
papers, and possessions free from search and seizure, and therefore
warrants without oaths or affirmations first made, affording a
sufficient foundation for them, and whereby any officer or messenger may
be commanded or required to search suspected places, or to seize any
person or persons, his or their property, not particularly described,
are contrary to that right, and ought not to be granted.
XI. That in controversies respecting property, and in suits between man
and man, the parties have a right to trial by jury, which ought to be
held sacred.
XII. That the people have a right to freedom of speech, and of writing,
and publishing their sentiments; therefore the freedom of the press
ought not to be restrained.
XIII. That the people have a right to bear arms for the defense of
themselves and the state; and as standing armies in the time of peace
are dangerous to liberty, they ought not to be kept up; And that the
military should be kept under strict subordination to, and governed by,
the civil power.
XIV. That a frequent recurrence to fundamental principles, and a firm
adherence to justice, moderation, temperance, industry, and frugality
are absolutely necessary to preserve the blessings of liberty, and keep
a government free: The people ought therefore to pay particular
attention to these points in the choice of officers and representatives,
and have a right to exact a due and constant regard to them, from their
legislatures and magistrates, in the making and executing such laws as
are necessary for the good government of the state.
XV. That all men have a natural inherent right to emigrate from one
state to another that will receive them, or to form a new state in
vacant countries, or in such countries as they can purchase, whenever
they think that thereby they may promote their own happiness.
XVI. That the people have a right to assemble together, to consult for
their common good, to instruct their representatives, and to apply to
the legislature for redress of grievances, by address, petition, or
remonstrance.
PLAN OR FRAME OF GOVERNMENT FOR THE COMMONWEALTH OR STATE OF
PENNSYLVANIA
SECTION 1. The commonwealth or state of Pennsylvania shall be governed
hereafter by an assembly of the representatives of the freemen of the
same, and a president and council, in manner and form following-
SECT. 2. The supreme legislative power shall be vested in a house of
representatives of the freemen of the commonwealth or state of
Pennsylvania.
SECT. 3. The supreme executive power shall be vested in a president and
council.
SECT. 4. Courts of justice shall be established in the city of
Philadelphia, and in every county of this state.
SECT. 5. The freemen of this commonwealth and their sons shall be
trained and armed for its defense under such regulations, restrictions,
and exceptions as the general assembly shall by law direct, preserving
always to the people the right of choosing their colonels and all
commissioned officers under that rank, in such manner and as often as by
the said laws shall be directed.
SECT. 6. Every freemen of the full age of twenty-one Years, having
resided in this state for the space of one whole Year next before the
day of election for representatives, and paid public taxes during that
time, shall enjoy the right of an elector: Provided always, that sons of
freeholders of the age of twenty-one years shall be entitled to vote
although they have not paid taxes.
SECT. 7. The house of representatives of the freemen of this
commonwealth shall consist of persons most noted for wisdom and virtue,
to be chosen by the freemen of every city and county of this
commonwealth respectively. And no person shall be elected unless he has
resided in the city or county for which he shall be chosen two years
immediately before the said election; nor shall any member, while he
continues such, hold any other office, except in the militia.
SECT. 8. No person shall be capable of being elected a member to serve
in the house of representatives of the freemen of this commonwealth more
than four years in seven.
SECT. 9. The members of the house of representatives shall be chosen
annually by ballot, by the freemen of the commonwealth, on the second
Tuesday in October forever, (except this present year,) and shall meet
on the fourth Monday of the same month, and shall be styled, The general
assembly of the representatives of the freemen of Pennsylvania, and
shall have power to choose their speaker, the treasurer of the state,
and their other officers; sit on their own adjournments; prepare bills
and enact them into laws; judge of the elections and qualifications of
their own members; they may expel a member, but not a second time for
the same cause; they may administer oaths or affirmations on examination
of witnesses; redress grievances; impeach state criminals; grant
charters of incorporation; constitute towns, boroughs, cities, and
counties; and shall have all other powers necessary for the legislature
of a free state or commonwealth: But they shall have no power to add to,
alter, abolish, or infringe any part of this constitution.
SECT. 10. A quorum of the house of representatives shall consist of
two-thirds of the whole number of members elected; and having met and
chosen their speaker, shall each of them before they proceed to business
take and subscribe, as well the oath or affirmation of fidelity and
allegiance hereinafter directed, as the following oath or affirmation,
viz:
I do swear (or affirm) that as a member of this assembly, I will not
propose or assent to any bill, vote, or resolution, which stall appear
to free injurious to the people; nor do or consent to any act or thing
whatever, that shall have a tendency to lessen or abridge their rights
and privileges, as declared in the constitution of this state; but will
in all things conduct myself as a faithful honest representative and
guardian of the people, according to the best of only judgment and
abilities.
And each member, before he takes his seat, shall make and subscribe the
following declaration, viz:
I do believe in one God, the creator and governor of the universe, the
rewarder of the good and the punisher of the wicked. And I do
acknowledge the Scriptures of the Old and New Testament to be given by
Divine inspiration.
And no further or other religious test shall ever hereafter be required
of any civil officer or magistrate in this State.
SECT. 11. Delegates to represent this state in congress shall be chosen
by ballot by the future general assembly at their first meeting, and
annually forever afterwards, as long as such representation shall be
necessary. Any delegate may be superseded at any time, by the general
assembly appointing another in his stead. No man shall sit in congress
longer than two years successively, nor be capable of reelection for
three Years afterwards: and no person who holds any office in the gift
of the congress shall hereafter be elected to represent this
commonwealth in congress.
SECT. 12. If any city or cities, county or counties shall neglect or
refuse to elect and send representatives to the general assembly,
two-thirds of the members from the cities or counties that do elect and
send representatives, provided they be a majority of the cities and
counties of the whole state, when met, shall have all the powers of the
general assembly, as fully and amply as if the whole were present.
SECT. 13. The doors of the house in which the representatives of the
freemen of this state shall sit in general assembly, shall be and remain
open for the admission of all persons who behave decently, except only
when the welfare of this state may require the doors to be shut.
SECT. 14. The votes and proceedings of the general assembly shall be
printed weekly during their sitting, with the yeas and nays, on any
question, vote or resolution, where any two members require it except
when the vote is taken by ballot; and when the yeas and nays are so
taken every member shall have a right to insert the reasons of his vote
upon the minutes, if he desires it.
SECT. 15. To the end that laws before they are enacted may be more
maturely considered, and the inconvenience of hasty determinations as
much as possible prevented, all- bills of public nature shall be printed
for the consideration of the people, before they are read in general
assembly the last time for debate and amendment; and, except on
occasions of sudden necessity, shall not be passed into laws until the
next session of assembly; and for the more perfect satisfaction of the
public, the reasons and motives for making such laws shall be fully and
clearly expressed in the preambles.
SECT. 16. The style of the laws of this commonwealth shall be, " Be it
enacted, and it is hereby enacted by the representatives of the freemen
of the commonwealth of Pennsylvania in general assembly met, and by the
authority of the same." And the general assembly shall affix their seal
to every bill, as soon as it is enacted into a law, which seal shall be
kept by the assembly, and shall be called, The seal of the laws of
Pennsylvania, and shall not be used for any other purpose.
SECT. 17. The city of Philadelphia and each county of this commonwealth
respectively, shall on the first Tuesday of November in this present
year, and on the second Tuesday of October annually for the two next
succeeding years, viz. the year one thousand seven hundred and
seventy-seven, and the year one thousand seven hundred and
seventy-eight, choose six persons to represent them in general assembly.
But as representation in proportion to the number of taxable inhabitants
is the only principle which can at all times secure liberty, and make
the voice of a majority of the people the law of the land; therefore the
general assembly shall cause complete lists of the taxable inhabitants
in the city and each county in the commonwealth respectively, to be
taken and returned to them, on or before the last meeting of the
assembly elected in the year one thousand seven hundred and
seventy-eight, who shall appoint a representation to each, in proportion
to the number of taxable's in such returns; which representation shall
continue for the next seven years afterwards at the end of which, a new
return of the taxable inhabitants shall be made, and a representation
agreeable thereto appointed by the said assembly, and so on septennially
forever. The wages of-the representatives in general assembly, and all
other state charges shall be paid out of the state treasury.
SECT. 18. In order that the freemen of this commonwealth may enjoy the
benefit of election as equally as may be until the representation shall
commences as directed in the foregoing section, each county at its own
choice may be divided into districts, hold elections therein, and elect
their representatives in the county, and their other elective officers,
as shall be hereafter regulated by the general assembly of this state.
And no inhabitant of this state shall have more than one annual vote at
the general election for representatives in assembly.
SECT. 19. For the present the supreme. executive council of this state
shall consist of twelve persons chosen in the follow-in" manner: The
freemen of the city of Philadelphia, and of the counties of
Philadelphia, Chester, and Bucks, respectively, shall choose by ballot
one person for the city, and one for each county aforesaid to serve for
three years and no longer, at the time and place for electing
representatives in general assembly. The freemen of the counties of
Lancaster, York, Cumberland, and Berks, shall, in like manner elect one
person for each county respectively, to serve as counselors for two
years and no longer. And the counties of Northampton, Bedford,
Northumberland and Westmoreland, respectively, shall, in like manner,
elect one person for each county, to serve as counselors for one year,
and no longer. And at the expiration of the time for which each
counselor was chosen to serve, the freemen of the city of Philadelphia,
and of the several counties in this state, respectively, shall elect one
person to serve as counselor for three years and no longer; and so on
every third year forever. By this mode of election and continual
rotation, more men will be trained to public business, there will in
every subsequent year be found in the council a number of persons
acquainted with the proceedings of the foregoing Years, whereby the
business will be more consistently conducted, and moreover the danger of
establishing an inconvenient aristocracy will be effectually prevented.
All vacancies in the council that may happen by death, resignation, or
otherwise, shall be filled at the next general election for
representatives in general assembly, unless a particular election for
that purpose shall be sooner appointed by the president and council. No
member of the general assembly or delegate in congress, shall be chosen
a member of the council. The president and vice-president shall be
chosen annually by the joint ballot of the general assembly and council,
of the members of the council. Any person having served as a counselor
for three successive years, shall be incapable of holding that office
for four years afterwards. Every member of the council shall be a
justice of the peace for the whole common-wealth, by virtue of his
office.
In case new additional counties shall hereafter be erected in this
state, such county or counties shall elect a counselor, and such county
or counties shall be annexed to the next neighboring counties, and shall
take rotation with such counties.
The council shall meet annually, at the same time and place with the
general assembly.
The treasurer of the state, trustees of the loan office, naval officers,
collectors of customs or excise, judge of the admiralty, attorneys
general, sheriffs, and prothonotaries, shall not be capable of a seat in
the general assembly, executive council, or continental congress.
SECT. 20. The president, and in his absence the vice-president, with the
council, five of whom shall be a quorum, shall have power to appoint and
commission judges, naval officers, judge of the admiralty, attorney
general and all other officers, civil and military, except such as are
chosen by the general assembly or the people, agreeable to this frame of
government, and the laws that may be made hereafter; and shall supply
every vacancy in any office, occasioned by death, resignation, removal
or disqualification, until the office can be filled in the time and
manner directed by law or this constitution. They are to correspond with
other states, and transact business with the officers of government,
civil and military; and to prepare such business as may appear to them
necessary to lay before the general assembly. They shall sit as judges,
to hear and determine on impeachments, taking to their assistance for
advice only, the justices of the supreme court. And shall have power to
grant pardons and remit fines, in all cases whatsoever, except in cases
of impeachment; and in cases of treason and murder, shall have power to
grant reprieves, but not to pardon, until the end of the next sessions
of assembly; but there shall be no remission or mitigation of
punishments on impeachments, except by act of the legislature; they are
also to take care that the laws be faithfully executed; they are to
expedite the execution of such measures as may be resolved upon by the
general assembly; and they may draw upon the treasury for such sums as
shall be appropriated by the house: They may also lay embargoes, or
prohibit the exportation of any commodity, for any time, not exceeding
thirty days, in the recess of the house only: They may grant such
licenses, as shall be directed by law, and shall have power to call
together the general assembly when necessary, before the day to which
they shall stand adjourned. The president shall be commander in chief of
the forces of the state, but shall not command in person, except advised
thereto by the council, and then only so long as they shall approve
thereof. The president and council shall have a secretary, and keep fair
books of their proceedings, wherein any counselor may enter his dissent,
with his reasons in support of it.
SECT. 21. All commissions shall be in the name, and by the authority of
the freemen of the commonwealth of Pennsylvania, sealed with the state
seal, signed by the president or vice-president, and attested by the
secretary; which seal shall be kept by the council.
SECT. 22. Every officer of state, whether judicial or executive, shall
be liable to be impeached by the general assembly, either when in
office, or after his resignation or removal for mar-administration: All
impeachments shall be before the president or vice-president and
council, who shall hear and determine the same.
SECT. 23. The judges of the supreme court of judicature shall have fixed
salaries, be commissioned for seven years only, though capable of
re-appointment at the end of that term, but removable for misbehavior at
any time by the general assembly; they shall not be allowed to sit as
members in the continental congress, executive council, or general
assembly, nor to hold any other office civil or military, nor to take or
receive fees or perquisites of any kind.
SECT. 24. The supreme court, and the several courts of common pleas of
this commonwealth, shall, besides the powers usually exercised by such
courts, have the powers of a court of chancery, so far as relates to the
perpetuating testimony, obtaining evidence from places not within this
state, and the care of the persons and estates of those who are non
compotes mentis, and such other powers as may be found necessary by
future general assemblies, not inconsistent with this constitution.
SECT. 25. Trials shall be by jury as heretofore: And it is recommended
to the legislature of this state, to provide by law against every
corruption or partiality in the choice, return, or appointment of
juries.
SECT. 26. Courts of sessions, common pleas, and orphans courts shall be
held quarterly in each city and county; and the legislature shall have
power to establish all such other courts as they may judge for the good
of the inhabitants of the state. All courts shall be open, and justice
shall be impartially administered without corruption or unnecessary
delay: All their officers shall be paid an adequate but moderate
compensation for their services: And if any officer shall take greater
or other fees than the law allows him, either directly or indirectly, it
shall ever after disqualify him from holding any office in this state.
SECT. 27. All prosecutions shall commence in the name and by the
authority of the freemen of the commonwealth of Pennsylvania; and all
indictments shall conclude with these words, "Against the peace and
dignity of the same." The style of all process hereafter in this state
shall be, The commonwealth of Pennsylvania.
SECT. 28. The person of a debtor, where there is not a strong
presumption of fraud, shall not be continued in prison, after delivering
Up, bona fide, all his estate real and personal, for the use of his
creditors, in such manner as shall be hereafter regulated by law. All
prisoners shall be bail able by sufficient sureties, unless for capital
offences, when the proof is evident, or presumption great.
SECT. 29. Excessive bail shall not be exacted for bail able offences:
And all fines shall be moderate.
SECT. 30. Justices of the peace shall be elected by the freeholders of
each city and county respectively, that is to say, two or more persons
may be chosen for each ward, township, or district, as the law shall
hereafter direct: And their names shall be returned to the president in
council, who shall commission one or more of them for each ward,
township, or district so returning, for seven years, removable for
misconduct by the general assembly. But if any city or county, ward,
township, or district in this commonwealth, shall hereafter incline to
change the manner of appointing their justices of the peace as settled
in this article, the general assembly may make laws to regulate the
same, agreeable to the desire of a majority of the freeholders of the
city or county, ward, township, or district so applying. No justice of
the peace shall sit in the general assembly unless he first resigns his
commission; nor shall he be allowed to take any fees, nor any salary or
allowance, except such as the future legislature may grant.
SECT. 31. Sheriffs and coroners shall be elected annually in each city
and county, by the freemen; that is to say, two persons for each office,
one of whom for each, is to be commissioned by the President in council.
No person shall continue in the office of sherlit more than three
successive years, or be capable of being again elected during four years
afterwards. The election shall be held at the same time and place
appointed for the election of representatives: And the commissioners and
assessors, and other officers chosen by the people, shall also be then
and there elected, as has been usual heretofore, until altered or
otherwise regulated by the future legislature of this state.
SECT. 32. All elections, whether by the people or in general assembly,
shall be by ballot, free and voluntary: And any elector, who shall
receive any gift or reward for his vote, in meat, drink, monies, or
otherwise, shall forfeit his right to elect for that time, and suffer
such other penalties as future laws shall direct. And any person who
shall directly or indirectly give, promise, or bestow any such rewards
to be elected, shall be thereby rendered incapable to serve for the
ensuing year.
SECT. 33. All fees, licence money, fines and forfeitures heretofore
granted, or paid to the governor, or his deputies for the support of
government, shall hereafter be paid into the public treasury, unless
altered or abolished by the future legislature.
SECT. 34. A register's office for the probate of wills and granting
letters of administration, and an office for the recording of deeds,
shall be kept in each city and county: The officers to be appointed by
the general assembly, removable at their pleasure, and to be
commissioned by the president in council.
SECT. 35. The printing presses shall be free to every person who
undertakes to examine the proceedings of the legislature, or any part of
government.
SECT. 36. As every freeman to preserve his independence, (if without a
sufficient estate) ought to have some profession, calling, trade or
farm, whereby he may honestly subsist, there can be no necessity for,
nor use in establishing offices of profit, the usual effects of which
are dependence and servility unbecoming freemen, in the possessors and
expectants; faction, contention, corruption, and disorder among the
people. But if any man is called into public service; to the prejudice
of his-private affairs, he has a right to a reasonable compensation: And
whenever an office, through increase of fees or otherwise, becomes so
profitable as to occasion many to apply for it, the profits ought to be
lessened by the legislature.
SECT. 37. The future legislature of this state, shall regulate entails
in such a manner as to prevent perpetuities.
SECT. 38. The penal laws as heretofore used shall be reformed by the
legislature of this state, as soon as may be, and punishments made in
some cases less sanguinary, and in general more proportionate to the
crimes.
SECT. 39. To deter more effectually from the commission of crimes by
continued visible punishments of long duration, and to make sanguinary
punishments less necessary; houses ought to be provided for punishing by
hard labor, those who shall be convicted of crimes not capital; wherein
the criminals shall be employed for the benefit of the public, or for
reparation of injuries done to private persons: And all persons at
proper times shall be admitted to see the prisoners at their labor.
SECT. 40. Every officer, whether judicial, executive or military, in
authority under this commonwealth, shall take the following oath or
affirmation of allegiance, and general oath of office before he enters
on the execution of his office.
THE OATH OR AFFIRMATION OF ALLEGIANCE
I do swear (or affirm) that I will be true and faithful to the
commonwealth of Pennsylvania: And that I will not directly or indirectly
do any act or thing prejudicial or injurious to the constitution or
government thereof, as established by the-convention. -
THE OATH OR AFFIRMATION OF OFFICE
I-do swear (or affirm) that I will faithfully execute the office of for
the of-and will do equal right and justice to all men, to the best of my
judgment and abilities, according to law.
SECT. 41. NO public tax, custom or contribution shall be imposed upon,
or paid by the people of this state, except by a law for that purpose:
And before any law be made for raising it, the purpose for which any tax
is to be raised ought to appear clearly to the legislature to be of more
service to the community than the money would be, if not collected;
which being well observed, taxes can never be burthens.
SECT. 42. Every foreigner of good character who comes to settle in this
state, having first taken an oath or affirmation of allegiance to the
same, may purchase, or by other just means acquire, hold, and transfer
land or other real estate; and after one year's residence, shall be
deemed a free denizen thereof, and entitled to all the rights of a
natural born subject of this state, except that he shall not be capable
of being elected a representative until after two years residence.
SECT. 43. The inhabitants of this state shall have liberty to fowl and
hunt in seasonable times on the lands they hold, and on all other lands
therein not enclosed; and in like manner to fish in all boat able
waters, and others not private property
SECT. 44. A school or schools shall be established in each county by the
legislature, for the convenient instruction of youth, with such salaries
to the masters paid by the public, as may enable them to instruct youth
at low prices: And all useful learning shall be duly encouraged and
promoted In one or more universities.
SECT. 45. Laws for the encouragement of virtue, and prevention of vice
and immorality, shall be made and constantly kept in force, and
provision shall be made for their due execution: And all religious
societies or bodies of men heretofore united or incorporated for the
advancement of religion or learning, or for other pious and charitable
purposes, shall be encouraged and protected in the enjoyment of the
privileges, immunities and estates which they were accustomed to enjoy,
or could of right have enjoyed, under the laws and former constitution
of this state.
SECT. 46. The declaration of rights is hereby declared to be a part of
the constitution of this commonwealth, and ought never to be violated on
any presence whatever.
SECT. 47. In order that the freedom of the commonwealth may be preserved
inviolate forever, there shall be chosen by ballot by the freemen in
each city and county respectively, on the second Tuesday in October, in
the Year one thousand seven hundred and eighty-three, and on the second
Tuesday in October, in every seventh year thereafter, two persons in
each city and county of this state, to be called the COUNCIL OF CENSORS;
who shall meet together on the second Monday of November next ensuing
their election; the majority of whom shall be a quorum in every case,
except as to calling a convention, in which two-thirds of the whole
number elected shall agree: And whose duty it shall be to enquire
whether the constitution has been preserved inviolate in every part; and
whether the legislative and executive branches of government have
performed their duty as guardians of the people, or assumed to
themselves, or exercised other or greater powers than they are entitled
to by the constitution: They are also to enquire whether the public
taxes have been justly laid and collected in all parts of this
commonwealth, in what manner the public monies have been disposed of,
and whether the laws have been duly executed. For these purposes they
shall have power to send for persons, papers, and records; they shall
have authority to pass public censures, to order impeachments, and to
recommend to the legislature the repealing such laws as appear to them
to have been enacted contrary to the principles of the constitution.
These powers they shall continue to have, for and during the space of
one year from the day of their election and no longer: The said council
of censors shall also have power to call a convention, to meet within
too years after their sitting, if there appear to them an absolute
necessity of amending any article of the constitution which may be
defective, explaining such as may be thought not clearly expressed, and
of adding such as are necessary for the preservation of the rights and
happiness of the people: But the articles to be amended, and the
amendments proposed, and such articles as are proposed to be added or
abolished, shall be promulgated at least six months before the day
appointed for the election of such convention, for the previous
consideration of the people, that they may have an opportunity of
instructing their delegates on the subject.
Passed in Convention the 28th day of September, 1776, and signed by
their order.
BENJ. FRANKLIN, Prest.
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