Of the right of conscience, freedom of the press, &c. Of the right to bear arms. Of quartering troops. Of the right to be secure from search, general warrants, &c. Of indictments, punishments, &c. Of trial in crimi nal cases, and the rights of a defendant. cases. AMENDMENTS. The following articles, proposed by Congress, in addition to and amendments of the Constitution of the United States, having been ratified by the Legislatures of two-thirds of the States, are become a part of the Constitution. First Congress, First Session, March 5, 1789. ARTICLE 1. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. [See 3 Yeates, 520.] ART. II. A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed. ART. III. No soldier shall in time of peace be quartered in any house without the consent of the owner; nor in time of war, but in a manner to be prescribed by law. ART. IV. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated; and no warrant shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. [3 Cranch, 448, 453. 6 Binn., 316.] ART. V. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject, for the same offence, to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself; nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation. [18 Johns., 187, 201. 3 Yeates, 362. 6 Binn., 509. 6 Binn., 509. 2 Dall., 312. 2 Johns. Ch. R., 164. 1 S. & R., 382. 6 Cowen, 530. 8 Wend., 85. 7 Pet., 243.] ART. VI. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have beeu committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defence. ART. VII. In suits at common law, where the value in conOf trials in civil troversy shall exceed twenty dollars, the right of trial by jury shall be preserved; and no fact tried by a jury shall be otherwise re-examined in any court of the United States, than according to the rules of the common law. [See 8 Wheat., 85, 674.] ART. VIII. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusal punishments inflicted. [See 20 Johns., 457. 3 Cowen, 686.] Of bail and fines. ART. IX. The enumeration in the Constitution, of certain of rights reserrights, shall not be construed to deny or disparage others, re- ved. tained by the people. ART. X. The powers not delegated to the United States by Of powers reserthe Constitution, nor prohibited by it to the States, are reserved ved to the States. to the States respectively, or to the people. [See 1 Wheat., 325.] Third Congress, Second Session, December 2, 1793. ART. XI. The judicial power of the United States shall not of the judicial be construed to extend to any suit, in law or equity, commenced power.-See or prosecuted against one of the United States, by citizens of Art. 3, Sec. 2. another State, or by citizens or subjects of any foreign State. [See 6 Wheat., 405. 1 Pet., 110, 7 Pet., 627.] Eighth Congress, First Session, October 17, 1803. ART. XII. The electors shall meet in their respective States,* Manner of electand vote by ballot for President and Vice President, one of ing the Presiwhom, at least, shall not be an inhabitant of the same State dent and Vice President. with themselves; they shall name, in their ballots, the person voted for as President, and in distinct ballots the person voted for as Vice President; and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice President, and of the number of votes for each; which lists they shall sign and certify, and transmit sealed† to the seat of the government of the United States, directed to the President of the Senate; the President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates,‡ and the votes shall then be counted; the person having the greatest number of votes for President shall be the President, if such number be a majority of the whole number of electors appointed. And if no person have such majority, then from the persons having the highest numbers, not exceeding three, on the list of those voted for as President, the House of Representatives shall choose immediately by ballot, the President; but in choosing the President, the votes shall be taken by States, the representation from each State having one vote; a quorum for this purpose, shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice; and if the House of Representatives shall not choose a President whenever the right of a choice shall devolve upon them, before the fourth day of March next following, then the Vice President shall act as President, as in the case of the death or other constitutional disability of the President. The person having the greatest number of votes as Vice President shall be the Vice President, if such number be a majority of the whole number of electors appointed; and if no person have a majority, then from the two highest *On the 1st Wednesday in December, by act of Congress, 1st March, 1792. Before the 1st Wednesday in January, by act of Congress, 1st March, 1792. ‡On the 2d Wednesday in February, by the same act. Citizens not to numbers on the list, the Senate shall choose the Vice President; a quorum for the purpose shall cousist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President, shall be eligible to that of Vice President of the United States. [The following article was proposed by Congress to the several States for their adoption as part of the Constitution, and has been ratified by the State of Pennsylvania, and some of the other States; but had not, in March, 1825, been ratified by the number of States required by the fifth article of the Constitution, and is, therefore, as yet, no part of the Constitution of the United States:] Eleventh Congress, Second Session, November 27, 1809. ART. XIII. If any citizen of the United States shall accept, receive titles or claim, receive, or retain any title of nobility or honor, or shall, presents from without the consent of Congress, accept and retain any present, foreign powers. pension, office, or emolument of any kind whatever, from any emperor, king, prince, or foreign power, such person shall cease to be a citizen of the United States, and shall be incapable of holding any office of trust or profit under them or either of them. [See Const. U. S., Art. 1, ix. p. 7.] CONSTITUTION OF THE COMMONWEALTH OF PENNSYLVANIA OF 1790, AS AMENDED IN 1838; WITH THE SUBSEQUENT AMENDMENTS ADOPTED IN 1850 AND 1857. WE, the people of the Commonwealth of Pennsylvania, ordain and establish this Constitution for its government. ARTICLE I. OF THE LEGISLATURE. SECT. I. The Legislative power of this Commonwealth shall of the legislabe vested in a General Assembly, which shall consist of a Senate tive power. and House of Representatives. * tives. Of the qualification of Representatives. SECT. II. The Representatives shall be chosen annually by the Of the election citizens * * on the second Tuesday of October. of RepresentaSECT. III. No person shall be a Representative who shall not have attained the age of twenty-one years, and have been a citizen and inhabitant of the State three years next preceding his election, and the last year thereof an inhabitant of the 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. SECT. IV. In the year one thousand eight hundred and sixty- Apportionment four, and in every seventh year thereafter, Representatives to of Representathe number of one hundred, shall be apportioned and distributed tives. equally throughout the State, by districts, in proportion to the number of taxable inhabitants in the several parts thereof, except that any county containing at least three thousand five hundred taxables, may be allowed a separate representation; but no more than three counties shall be joined, and no county shall be divided in the formation of a district. Any city containing a sufficient number of taxables to entitle it to at least two Representatives, shall have a separate representation assigned it, and shall be divided into convenient districts of contiguous territory, of equal taxable population as near as may be, each of which districts shall elect one Representative. †Third amendment of 1857. Of the election of Senators. Of the ratio of representation in the Senate. Of districts for tors: SECT. V. The Senators shall be chosen for three years, by the citizens * *** at the same time, in the same manner, and at the same places where they shall vote for Representatives. SECT. VI. The number of Senators shall, at the several periods of making the enumeration before mentioned, be fixed by the Legislature, and apportioned among the districts formed, as hereinafter directed, according to the number of taxable inhabitants in each; and shall never be less than one-fourth, nor greater than one-third, of the number of Representatives. ; SECT. VII. The Senators shall be chosen in districts to be electing Sena- 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 * * * and not county shall be divided in forming a district: The city of Philadelphia shall be divided tricts in Phila- into single Senatorial districts of contiguous territory as nearly delphia. equal in taxable population as possible; but no ward shall be divided in the formation thereof. Senatorial dis SECT. VIII. No person shall be a Senator who shall not have Of the qualification of Senators attained the age of twenty-five years, and have been a citizen and inhabitant of the State four years next before his election, and the last year thereof an inhabitant of the distriet 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. SECT. IX. The Senators who may be elected at the first genOf classing the eral election after the adoption of the amendments to the Con Senators. Meeting of the stitution, shall be divided by lot into three classes. The seats SECT. X. The General Assembly shall meet on the first Tues- SECT. XI. Each House shall choose its Speaker and other Of the officers officers; and the Senate shall also choose a Speaker pro tempore, when the Speaker shall exercise the office of Governor. of each House. Third amendment of 1857. From third amendment of 1857; which further provides with reference to sections IV and VII above, as follows: "The Legislature, at its first session, after the adoption of this amendment, shall divide the city of Philadelphia into Senatorial and Representative districts, in the manner above provided; such districts to remain unchanged until the apportionment in the year one thousand eight hundred and sixty-four." |