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. 45. 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 inclosed, and in like manner to fish in all boata ble 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 and 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 pretence whatever.

Sect. 47. In order that the freedom of this commonwealth may be preserved inviolate for ever, 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 governemnt 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 two years after their sitting, if there ap

pear 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.

On motion, Ordered, That the president and every member of this convention present, do sign the same, which was accordingly done, by the following members of the convention:

Hugh Alexander,

James M'Clean.

Berks county.

Jacob Morgan,
Gabriel Hiester,
Benjamin Spyker,
Valentine Eckert,
Charles Shoemaker,
Thomas Jones, jr.
Northampton county.

Simon Driesbach,
Jacob Arndt,
Peter Burkholder,

Jacob Stroud,
Neigal Gray,
Abraham Miller,
John Ralston.
Bedford county.
Benjamin Elliot,
Thomas Coulter,
Joseph Powell,
John Burd,

John Cessna.
John Wilkins,

Thomas Smith,

Northumberland county.

William Cooke,

James Potter,

Robert Martin,
Matthew Brown,
Walter Clark,
John Kelley,
James Crawford,
John Weitzell

John Moore,

Westmoreland county

James Barr,

Edward Cook,

James Smith,

John Carmichael,

John M'Clellan,

Christopher Lavingair.

BENJAMIN FRANKLIN, President.

Attest-JOHN MORRIS, JR. Secretary.

Ordered, That the constitution of this commonwealth, as now agreed to and signed by the members of this convention, be committed to the charge of the council of safety, with directions to deliver the same to the general assembly of this state, at their first meeting, immediately after they shall have chosen their speaker.

On motion, Resolved, That Mr. Rittenhouse, Mr. Cannon and Mr. Matlack, be a committee to settle the incidental expenses of this convention.

On motion, Resolved, That the president of this convention be allowed the same wages as the speaker of the late house of assembly, and that the vice president draw an order on the state treasurer for the amount thereof.

On motion, Resolved, That Mr. Rittenhouse, Mr. Jacobs and Mr. Clymer, be a committee to prepare the seals for the future legislature and executive council of this state.

Resolved, That immediate public notice be given by the secretary, that the freemen of this state are empowered by the frame of government this day passed, to choose at their next election for representatives, in the city of Philadelphia, and each county, one person as a councillor of state.

Resolved, That Mr. Cannon, Mr. Rittenhouse, Col. Matlack and Col. Bull, be a committee to revise the minutes of this convention, and print 250 copies of the same, together with the constitution, ordinances, &c. (one hundred of which to be bound) for the use of the members of this House.

Resolved unanimously, That the thanks of this convention be given to the president, for the honor he has done it, by filling the chair during the debates on the most important parts of the bill of rights and frame of government, and for his able and disinterested advice there

on.

Then the convention rose.

PART III. 1
Chapter I.

COUNCIL OF CENSORS.

A view of the proceedings of the first session of the Council of Censors, convened at Philadelphia, on Monday the 10th day of November, one thousand seven hundred and eighty three.

MONDAY, November 10, 1788.

Pursuant to the 47th section of the constitution of this commonwealth, a number of gentlemen elected as censors for the city and se

veral counties, met at the state house, in Philadelphia, but a quorum not appearing, they adjourned from day to day, until

THURSDAY, November 13th, 1783.

The council met, and the returns of the elections held in the city of Philadelphia, and the several counties of this state, were transmitted by the supreme executive council, and read, and it appeared that the following gentlemen were elected:

For the city of Philadelphia..

Samuel Miles,*

Thomas Fitzsimons,
For the county of Philadelphia.
Frederick A. Muhlenburg,

Arthur St. Clair.

James Edgar,

John M'Dowell.

For the county of Washington.

For the county of Northumberland.

Two different returns.-It was decided by the council, on the 26th November, 1783, that William Montgomery and Samuel Hunter, were duly elected.

The council proceeded to the election of a president, and the ballots being taken, it appeared that the honorable Frederick Augustus Muhlenberg, Esq. was unanimously elected.

The council then proceeded to business; officers were elected, rules for conducting the business of the council, were appointed, &c.

* Samuel Miles, resigned his seat on the 8th of June, 1784, and George Bryan was elected in his room, who took his seat June 24, 1784.

† James Moore, was elected in the room of John Evans, deceased, and took his seat on the 30th December, 1783.

James Potter, was elected in the room of Samuel Hunter deceased, and took his seat on the 7th July, 1784,

WEDNESDAY, November 19, 1783.*

Ordered, That Mr. Fitzsimons, Mr. Wayne, Mr. Smiley, Mr. Ir, vine and Mr. Read, be a committee to enquire and report, whether the constitution has been preserved inviolate in every part.t

THURSDAY, Desember 4, 1783.

Resolved, That the council will on Monday the 15th instant, resolve itself into a committee of the whole, to consider whether there is a necessity for 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.

WEDNESDAY, December 17, 1783.

Ordered, That the committee appointed November 19, to enquire whether the constitution has been preserved inviolate, in every part, be instructed to enquire, 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.

THURSDAY, Januray 1, 1784,

The council resolved itself into a committee of the whole, Mr. M' Allister in the chair, to consider whether the constitution of this state is perfect in all its parts, or whether the same requires any amendment or alteration.

After some time the president resumed the chair, and the chairman delivered in a report, which was read and laid on the table.

FRIDAY, January 2, 1784.

The report of the committee of the whole was read, and the following resolution was adopted.

Resolved, That some articles of the constitution of this commonwealth, are materially defective, and absolutely require alteration and amendment.

*On the 19th of November; two petitions signed by sundry inhabitants of the city and county of Philadelphia, were presented, setting forth that the freedom of election, and the laws and constitution of the commonwealth had been violated at the last election, and praying to be heard in support of the facts alleged, and that the election in the said city and county be declared null and void.

This petition was referred to a committee, on the 21st November, and the examination of the case occupied much of the time and attention of the council. On the 31st of December the report of the committee, that there appeared no just ground or legal cause for setting aside the election, was adopted.

On the 20th January, 1784, Mr. M'Allister and Mr. Finley, were added to this committee-On the 24th June, 1784, Mr. Bryan and Mr. Moore, were added to the committee. On the 7th July, 1784, Mr. Potter was added to the committee.-On the 14th July 1284 Mb VÕI ene was added to the committee.