And if a majority of such votes shall be given against slavery, then the foregoing shall not, but the following section shall be added to the "bill of rghts," and shall be a part of this Constitution:

"There shall be neither slavery nor involuntary servitude in this State, otherwise than as a punishment for crime, whereof the party shall have been duly convicted."*

And if a majority of all the votes given for and against free negroes shall be given against free negroes, then the following section shall be added to the bill of rights and shall be part of this Constitution:

"No free negro or mulatto, not residing in this State at the time of the adoption of this Constitution, shall ever come, reside, or be within this State, or hold any real estate, or make any contract, or maintain any suit therein; and the Legislative Assembly shall provide by penal laws for the removal by public officers of all such free negroes and mulattoes, and for their effectual exclusion from the State, and for the punishment of persons who shall bring them into the State, or employ or harbor them therein."t

§ 5. Until an enumeration of the white inhabitants of the State shall be made, and the Senators and Representatives apportioned as directed in this Constitution, the county of Marion shall have two Senators and four Representatives; Linn, two Senators and four Representatives; Lane, two Senators and three Representatives; Clackamas and Wasco one Senator jointly, and Clackamas three Representatives, and Wasco one Representative; Yamhill, one Senator and two Representatives; Polk, one Senator aud two Representatives; Benton, one Senator and two Representatives; Multnomah, one Senator and two Representatives; Washington, Columbia, Clatsop, and Tillamook, one Senator jointly, and Washington one Representative, and Washington and Columbia, one Representative jointly, and Clatsop and Tillamook one Representative jointly; Douglas, one Senator and two Representatives; Jackson, one Senator and three Representatives; Josephine, one Senator and one Representative; Umpqua, Coos, and Curry, one Representative jointly.

§ 6. If this Constitution shall be ratified, an election shall be held on the first Monday in June, 1858, for the election of members of the Legislative Assembly, a Representative in Congress, and State and county officers; and the Legislative Assembly shall convene at the capital the first Monday of July, 1858, and proceed to elect two Senators in Congress, and make such further provisions as may be necessary to the complete organization of a State government.

§ 7. All laws in force in the Territory of Oregon when the Constitution takes effect, and consistent therewith, shall continue in force until altered or repealed.

§ 8. All officers of the Territory, or under its laws, when this Constitution takes effect, shall continue in office until superseded by the State authorities.

§ 9. Crimes and misdemeanors committed against the Territory of Oregon shall be punished by the State as they might have been punished by the Territory if the change of government had not been made.

§ 10. All property and rights of the Territory, and of the several counties, subdivisions and political bodies corporate of or in the Territory, including fines, penalties, forfeitures, debts, and claims of whatsoever nature, and recognizances, obligations and undertakings to or for the use of the Territory, or any county, political corporation, officer, or otherwise, to or for the public, shall inure to the State, or remain to the county, local division, corporation, officer, or public, as if the change of government had not been made. And private rights shall not be affected by such change.

§ 11. Until otherwise provided by law, the judicial districts of the State shall be constituted as follows: The counties of Jackson, Josephine, and Douglass, shall constitute the first district. The counties of Umpqua, Coos, and Curry, Lane, and Benton, shall constitute the second district. The counties of Lynn, Marion, Polk, Yamhill, and Washington, shall constitute the third district. The counties of Clackamas, Multnomah, Wasco, Columbia, Clatsop, and Tillamook, shall constitute the fourth district; and the county of Tillamook shall be attached to the county of Clatsop for judicial purposes.

Done in Convention, at Salem, the eighteenth day of September, in the year of our Lord one thousand eight hundred and fifty-seven, and of the independence of the United States the eighty-second.

CHESTER N. TERRY, Secretary.

M. C. BARKWELL, Assistant Secretary. [Signed by forty-nine delegates.]

* See Bill of Rights, Clause 39.

M. P. DEADY, President.

† See Bill of Rights, Clause 35.

CONSTITUTION OF PENNSYLVANIA. 1838.*

We the people of the Commonwealth of Pennsylvania, ordain and establish this Constitution for its government.

ARTICLE I.

OF THE LEGISLATURE.

SECTION 1. The Legislative power of this Commonwealth shall be vested in a General Assembly, which shall consist of a Senate and House of Representatives. § 2. The Representatives shall be chosen annually, by the citizens [of the city of Philadelphia, and of each county respectively], † on the Second Tuesday of October.

3. No person shall be a Representative who shall not have attained the age of twenty-one years, and have been a citizen and inhabitant of the State three years next preceding his election, and the last year thereof an inhabitant of the district in and for which he shall be chosen a Representative, unless he shall have been absent on the public business of the United States or of this State.

§ 4. [Within three years after the first meeting of the General Assembly, and within every subsequent term of seven years, an enumeration of the taxable inhabitants shall be made in such manner as shall be directed by law. The number of Representatives shall at the several periods of making such enumeration, be fixed by the Legislature, and apportioned among the city of Philadelphia and the several counties, according to the number of taxable inhabitants in each; and shall never be less than sixty nor greater than one hundred. Each county shall have at least one Representative, but no county hereafter erected shall be entitled to a separate representation until a sufficient number of taxable inhabitants shall be contained within it, to entitle them to one Representative, agreeably to the ratio of which shall then be established.]‡

§ 5. The Senators shall be chosen for three years by the citizens [of Philadelphia and of the several counties,]+ at the same time, in the same manner, and at the same places where they shall vote for Representatives.

§ 6. The number of Senators shall, at the several periods of making the enumeration before mentioned, be fixed by the Legislature, and apportioned among the districts formed as hereinafter directed, according to the number of taxable inhabitants in each; and shall never be less than one-fourth, nor greater than one-third, of the number of Representatives.

§ 7. The Senators shall be chosen in districts, to be formed by the Legislature; but no district shall be so formed as to entitle it to elect more than two Senators, unless the number of taxable inhabitants in any city or county shall, at any time, be such as to entitle it to elect more than two, but no city or county shall be entitled to elect more than four Senators; when a district shall be composed of two or more counties, they shall be adjoining; [neither the city of Philadelphia nor any]‡ county shall be divided in forming a district.

§ 8. No person shall be a Senator who shall not have attained the age of twenty-five years, and have been à citizen and inhabitant of the State four years next before his election, and the last year thereof an inhabitant of the district for which he shall be chosen, unless he shall have been absent on the public business of the United States or of this State; and no person elected as aforesaid shall hold said office after he shall have removed from such district.

§ 9. The Senators who may be elected at the first general election after the adoption of the amendments to the Constitution, shall be divided by lot into three classes. The seats of the Senators of the first class shall be vacated at the expiration of the first year; of the second class at the expiration of the second year; and of the third class

* This State was originally under a proprietory form of government. It adopted a State Constitution in 1776, and again in 1790. The present Constitution was adopted by a Convention assembled at Philadelphia on the 22d day of February, and was amended in 1850, 1857, and 1864. † See third amendment of 1857.

See third amendment of 1867.

The following clause is now added to section 7, of this article by the third amendment of 1867: "The city of Philadelphia shall be divided into single senatorial districts of contiguous territory as nearly equal in taxable population as possible; but no ward shall be divided in the formation thereof."

at the expiration of the third year; so that thereafter one-third of the whole number of Senators may be chosen every year. The Senators elected before the amendments to the Constitution shall be adopted shall hold their offices during the terms for which they shall respectively have been elected.

§ 10. The General Assembly shall meet on the first Tuesday of January, in every year, unless sooner convened by the Governor.

§ 11. Each House shall choose its speaker and other officers; and the Senate shall also choose a speaker pro tempore, when the Speaker shall exercise the office of Gov

ernor.

§ 12. Each House shall judge of the qualifications of its members. Contested elections shall be determined by a committee to be selected, formed and regulated in such manner as shall be directed by law. A majority of each House shall constitute a quorum to do business; but a smaller number may adjourn from day to day, and may be authorized by law to compel the attendance of absent members, in such manner and under such penalties as may be provided.

§ 13. Each House may determine the rules of its proceedings, punish its members for disorderly behavior, and with the concurrence of two-thirds, expel a member, but not a second time for the same cause; and shall have all other powers necessary for a branch of the Legislature of a free State.

§ 14. The Legislature shall not have power to enact laws annulling the contract of marriage in any case where, by law, the courts of this Commonwealth are, or hereafter may be, empowered to decree a divorce.

15. Each House shall keep a journal of its proceedings, and publish them weekly, except such part as may require secrecy; and the yeas and nays of the members on any question shall at the desire of any two of them, be entered on the journals.

16. The doors of each House and of committees of the whole shall be open, unless when the business shall be such as ought to be kept secret.

§ 17. Neither House shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two Houses shall be sitting.

§ 18. The Senators and Representatives shall receive a compensation for their services to be ascertained by law, and paid out of the treasury of the Commonwealth. They shall in all cases, except treason, felony, and breach or surety of the peace, be privileged from arrest during their attendance at the session of their respective Houses, and in going to and retuning from the same. And for any speech or debate, in either House, they shall not be questioned in any other place.

§ 19. No Senator or Representative shall, during the time for which he shall have been elected, be appointed to any civil office under this Commonwealth which shall have been created, or the emoluments of which shall have been increased during such time; and no member of Congress or other person holding any office (except of attorney at law and in the militia), under the United States or this Commonwealth, shall be a member of either House during his continuance in Congress or in office.

§ 20. When vacancies happen in either House, the Speaker shall issue writs of election to fill such vacancies.

§ 21. All bills for raising revenue shall originate in the House of Representatives, but the Senate, may propose amendments as in other bills.

§ 22. No money shall be drawn from the treasury but in consequence of appropriations made by law.

§ 23. Every bill which shall have passed both Houses shall be presented to the Governor. If he approve, he shall sign it, but if he shall not approve, he shall return it with his objections to the House in which it shall have originated, who shall enter the objections at large upon their journals, and proceed to reconsider it. If, after such reconsideration, two-thirds of that House shall agree to pass the bill, it shall be sent with the objections to the other House, by which likewise it shall be reconsidered, and if approved by two-thirds of that House, it shall be a law. But in such cases the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for or against the bill shall be entered on the journals of each House respectively. If any bill shall not be returned by the Governor within ten days (Sunday excepted) after it shall have been presented to him, it shall be a law in like manner as if he had signed it, unless the General Assembly, by their adjournment prevented its return, in which case it shall be a law, unless sent back within three days after their next meeting.

§ 24. Every order, resolution or vote, to which the concurrence of both Houses may be necessary (except on a question of adjournment) shall be presented to the Governor,

and before it shall take effect, be approved by him, or being disapproved, shall be repassed by two-thirds of both Houses according to the rules and limitations prescribed in case of a bill.

25. No corporate body shall be hereafter created, renewed or extended with banking or discounting privileges, without six months' previous public notice of the intended application for the same in such manner as shall be prescribed by law. Nor shall any charter for the purposes aforesaid, be granted for a longer period than twenty years, and every such charter shall contain a clause reserving to the Legislature the power to alter, revoke or annul the same, whenever in their opinion it may be injurious to the citizens of the Commonwealth, in such manner, however, that no injustice shall be done to the corporators. No law hereafter enacted, shall create, renew or extend the charter, of more than one corporation. *

ARTICLE II.

SECTION 1. The Supreme Executive power of this Commonwealth shall be vested in a Governor.

§ 2. The Governor shall be chosen on the second Tuesday of October, by the citizens of the Commonwealth at the places where they shall respectively vote for Representatives. The returns of every election for Governor shall be sealed up and transmitted to the seat of Government, directed to the Speaker of the Senate, who shall open and publish them in the presence of the members of both Houses of the Legislature. The person having the highest number of votes shall be Governor. But if two or more shall be equal and highest in votes, one of them shall be chosen Governor by the joint vote of the members of both Houses. Contested elections shall be determined by a committee to be selected from both Houses of the Legislature, and formed and regulated in such manner as shall be directed by law.

§ 3. The Governor shall hold his office during three years from the third Tuesday of January next ensuing his election, and shall not be capable of holding it longer than six in any term of nine years.

§ 4. He shall be at least thirty years of age, and have been a citizen and an inhabitant of this State seven years next before his election; unless he shall have been absent on the public business of the United States, or of this State.

§ 5. No member of Congress or person holding any office under the United States, or this State, shall exercise the office of Governor.

§ 6. The Governor shall at stated times receive for his services a compensation, which shall be neither increased nor diminished during the period for which he shall have been elected.

§ 7. He shall be Commander-in-Chief of the army and navy of this Commonwealth, and of the militia, except when they shall be called into the actual service of the United States.

§ 8. He shall appoint a Secretary of the Commonwealth during pleasure, [and he shall nominate and, by and with the advice and consent of the Senate, appoint all judicial officers of courts of record, unless otherwise provided for in this Constitution.]* He shall have power to fill all vacancies that may happen in such judicial offices during the recess of the Senate, by granting commissions, which shall expire at the end of their next session; Provided, That in acting on executive nominations the Senate shall sit with open doors, and in confirming or rejecting the nominations of the Governor the vote shall be taken by yeas and nays.

§ 9. He shall have power to remit fines and forfeitures, and grant reprieves and pardons, except in cases of impeachment.

§ 10. He may require information in writing from the officers in the executive department, on any subject relating to the duties of their respective offices.

§ 11. He shall, from time to time, give to the General Assembly information of the state of the Commonwealth, and recommend to their consideration such measures as he shall judge expedient.

§ 12. He may, on extraordinary occasions, convene the General Assembly; and in case of disagreement between the two Houses, with respect to the time of adjournment, adjourn them to such time as he shall think proper, not exceeding four months. § 13. He shall take care that the laws be faithfully executed.'

14. In case of the death or resignation of the Governor, or his removal from office, the Speaker of the Senate shall exercise the office of Governor until another Governor

*Section_numbered 261⁄2 was added by an amendment in 1857.

† Altered. See amendment of 1850.

shall be duly qualified; but in such case another Governor shall be chosen at the next annual election of Representatives, unless such death, resignation or removal shall occur within three calendar months immediately preceding such next annual election, in which case a Governor shall be chosen at the second succeeding annual election of Representatives. And if the trial of a contested election shall continue longer than until the third Monday of January next ensuing the election of Governor, the Governor of the last year, or the Speaker of the Senate who may be in the exercise of the executive authority, shall continue therein until the determination of such contested election, and until a Governor shall be duly qualified as aforesaid.

15. The Secretary of the Commonwealth shall keep a fair register of all the official acts and proceedings of the Governor, and shall, when required, lay the same and all papers, minutes and vouchers relative thereto, before either branch of the Legislature, and shall perform such other duties as shall be enjoined him by law.

ARTICLE III.

OF ELECTIONS.

SECTION 1. In elections by the citizens, every white freeman of the age of twenty-one years, having resided in this State one year, and in the election district where he offers to vote ten days immediately preceding such election, and within two years paid a State or county tax, which shall have been assessed at least ten days before the election, shall enjoy the rights of an elector. But a citizen of the United States, who had previously been a qualified voter of this State, and removed therefrom and returned, and who shall have resided in the election district, and paid taxes as aforesaid, shall be entitled to vote, after residing in the State six months; Provided, That white freemen, citizens of the United States, between the ages of twenty-one and twenty-two years, and having resided in the State one year, and in the election district ten days as aforesaid, shall be entitled to vote, although they shall not have paid taxes.

§ 2. All elections shall be by ballot, except those by persons in their representative capacities, who shall vote viva voce.

§ 3. Electors shall in all cases, except treason, felony, and breach or surety of the peace, be privileged from arrest during their attendance on elections, and in going to and returning from them.

SECTION 1. The House of Representatives shall have the sole power of impeachment. § 2. All impeachments shall be tried by the Senate; when 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.

§ 3. The Governor, and all other civil officers under this Commonwealth, shall be liable to impeachment for any misdemeanor in office; but judgment, in such cases, shall not extend further than to removal from office, and disqualification to hold any office of honor, trust, or profit under this Commonwealth; the party, whether convicted or acquitted, shall, nevertheless, be liable to indictment, trial, judgment, and punishment, according to law.

ARTICLE V.

OF THE JUDICIARY.

SECTION 1. The Judicial power of this Commonwealth shall be vested in a Supreme Court, in Courts of Oyer and Terminer and General Jail Delivery, in a Court of Common Pleas, Orphans' Court, Register's Court, and a Court of Quarter Sessions of the Peace, for each county; in Justices of the Peace, and in such other courts as the Legislature may, from time to time, establish.

§ 2. [The Judges of the Supreme Court, of the several Courts of Common Pleas, and of such other courts of record as are or shall be established by law, shall be nominated by the Governor, and by and with the consent of the Senate appointed and commissioned by him. The Judges of the Supreme Court shall hold their offices for the term of fifteen years, if they shall so long behave themselves well. The President Judges of the several Courts of Common Pleas, and of such other courts of record as are or shall be established by law, and all other judges, required to be learned in the law, shall hold their offices for the term of ten years, if they shall so long behave themselves well. The Associate Judges of the Courts of Common Pleas shall hold their offices for

* A section giving soldiers the right to vote was adopted in 1864.