PENNSYLVANI

PENNSYLVANIA. The name of one of the original states of the United States of 
America. Pennsylvania was occupied by planters of various nations, Dutch 
Swedes, English, and others; but obtained no separate name until the year 
1681, when Charles II. granted a charter to William Penn, by which he became 
its proprietary, saving, however, allegiance to the crown, which retained 
the sovereignty of the country. This charter authorized the proprietary, his 
heirs and successors, by and with the assent of the freemen of the country, 
or their deputies assembled for the purpose, to make laws. Their laws were 
required to be consonant to reason, and not repugnant or contrary, but as 
near as conveniently could be to the laws and statutes of England. 
Pennsylvania was governed by this charter till the period of the Revolution. 
     2. The constitution of the state was adopted on the second day of 
September, 1790, and amended by a convention selected by the people, on the 
twenty-second day of February, 1838. The powers of the government are 
divided into three distinct branches: the legislative, the executive and the 
judiciary. 
     3.-1st. The legislative power is vested in a general assembly, which 
consists of a senate and house of representatives. 
     4.-1. The senate will be considered with reference to the 
qualification of the electors; the qualification of the members; the length 
of time for which they are elected; and the time of their election. 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. Art. 3, s. 1. 2. No person shall be a senator who 
shall not have 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 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 the said office after he shall have removed from such district. Art. 1, 
s. 8. 3. The number of senators shall never be less than one-fourth, nor 
greater than one-third of the number of representatives. Art. 1, s. 6. 4. 
The senators hold their office for three years. 
     5. Their election takes place on the second Tuesday of October, one-
third of the senate each year. 
     6.-2. The house of representatives will be treated of in the same 
manner which has been observed in considering the senate. 1. The electors 
are qualified in the same manner as the electors of the senate. 2. No person 
shall be a representative who shall Dot 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 be 
shall have been absent on the public business of the United States or of 
this state. Art. 1, s. 3. 3. The number of representatives shall never be 
less than sixty, nor greater than one hundred. Art. 1, s. 4. 4. They are 
elected yearly. 5. Their election is on the second Tuesday of October, 
yearly. 
     6.-2d. The supreme executive power of this commonwealth is vested in 
a governor. 1. He is elected by the electors of the legislature. 2. He must 
be at least thirty years of age, and have been a citizen and an inhabitant 
of the 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. Art. 2, 
s. 4. 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. Art. 2, s. 3. 4. 
His principal duties are enumerated in the second article of the 
constitution, as follows: The governor shall at stated times receive for his 
services a compensation which shall be neither increased or diminished 
during the period for which he shall have been elected. 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. 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. He shall have power to 
remit fines and forfeitures, and grant reprieves and pardons, except in 
cases of impeachment. He may require information in writing from the 
officers in the executive department, upon any subject relating to the 
duties of their respective offices. 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. 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. He shall take care that the laws be faithfully executed. In case of 
the death or resignation of the governor, or of his removal from office, the 
speaker of the senate shall exercise the office of governor until another 
governor shall be duly qualified; 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. 
     7.-3d. The judicial power of the commonwealth is vested by the fifth 
article of the constitution as follows: 
     Sec. 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. 
     8.-Sec. 2. By an amendment to this constitution, 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 elected by 
the qualified electors, as provided by act of April 15, 1851. Pam. Laws, 
648. 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 the term of five years 
if they shall so long behave themselves well. But for any reasonable cause 
which shall not be sufficient ground of impeachment, the governor may remove 
any of them on the address of two-thirds of each branch of the legislature. 
The judges of the supreme court and the presidents of the several courts of 
common pleas, shall at stated times receive for their services an adequate 
compensation to be fixed by law, which shall not be diminished during their 
continuance in office, but they shall receive no fees or prerequisites of 
office, nor hold any other office of profit under this commonwealth. 
     9.-Sec. 3. Until otherwise directed by law, the courts of common 
pleas shall continue as at present established. Not more than five counties 
shall at any time be included in one judicial district organized for said 
courts. 
    10.-Sec. 4. The jurisdiction of the supreme court shall extend over 
the state; and the judges thereof shall, by virtue of their offices be 
justices of oyer and terminer and general jail delivery, in the several 
counties. 
    11.-Sec. 5. The judges of the court of common pleas, in each county, 
shall, by virtue of their offices, be justices of oyer and terminer and 
general jail delivery, for the trial of capital and other offenders therein; 
any two of the said judges, the president being one, shall be a quorum; but 
they shall not hold a court of oyer and terminer, or jail delivery, in any 
county, when the judges, of the supreme court, or any of them, shall be 
sitting in the same county. The party accused, as well as the commonwealth, 
may, under such regulations as shall be prescribed by law, remove the 
indictment and proceedings, or a transcript thereof, into the supreme court, 
    12.-Sec. 6. The supreme court, and the several courts of common pleas, 
shall, besides the powers heretofore usually exercised by them, have the 
power of a court of chancery, so far as relates to the perpetuating If 
testimony, the obtaining of evidence from places not within the state, and 
the care of the persons and estates of those who are non compotes mentis. 
And the legislature shall vest in the said courts such other powers to grant 
relief in equity, as shall be found necessary; and may, from time to time, 
enlarge or diminish those powers, or vest them in such other courts as they 
shall judge proper for the due administration of justice. 
    13,-Sec. 7. The judges of the court of common pleas of each county, 
any two of whom shall be a quorum, shall compose the court of quarter 
sessions of the peace, and orphans' court thereof: and the register of 
wills, together with the said judges, or, any two of them, shall compose the 
register's court of each county. 
    14.-Sec. 8. The judges of the courts of common pleas shall, within 
their respective counties, have the like powers with the judges of the 
supreme court, to issue writs of certiorari to the justices of the peace, 
and to cause their proceedings to be brought before them, and the like right 
and justice to be done. 
    15.-Sec. 9. The president of the court in each circuit within such 
circuit, and the judges of the court of common pleas within their respective 
counties, shall be justices of the peace, so far as relates to criminal 
matters. 
    16.-Sec. 10. A register's office, for the probate of wills and 
granting letters of administration, and an office for the recording of 
deeds, shall be kept in each county. 
    17.-Sec. 11. The style of all process shall be "The commonwealth of 
Pennsylvania." All prosecutions shall be carried on in the name and by the 
authority of the commonwealth of Pennsylvania, and conclude, "against the 
peace and dignity of the same."