There is another feature in this amendment, said Mr. F., which strikes I have never been able to dismy mind as deserving of consideration. cover why the same judges should hold four or five different commissions-why they should be, at one and the same time, judges of the court of common pleas-judges of oyer and terminer-and judges of the quarter sessions and register's court. Why their duties are thus subdivided, I do not know. The better plan, in my opinion, would be to consolidate them all under one head-to be called, say, the circuit court. Every thing would then be intelligible, and every man would know what was meant. I am in favor of striking out these ambiguous and unintelligible names, and substituting something which the people will be able to understand. I am not now, however, prepared to act in this matter. It has come before us by surprise, and I do say that this circuit court system -this plan of consolidating all these jurisdictions under one, is deserving of consideration. Mr. SERGEANT, of Philadelphia, said, that this was undoubtedly a subject of very great consequence. So far as the two gentlemen, who had He just spoken, had gone, he confessed that he agreed with them. thought that consideration was due to the subject on account of its importance. His opinion was, that when a delegate had taken the trouble to propose a system, it was but fair in regard to himself and to it, that it should receive some attention, Now, it had so happened that we had been engaged for some time past in the consideration of another subject when up come this one very suddenly, and before the minds of members were prepared to act on it. For one, he could say with the gentleman from Allegheny, that he was not at all prepared. He would move, therefore, that the committee should now rise, so that we might be able to turn our minds to the subject, and then, perhaps, by to-morrow morning we would be ready to act on it. It ought not certainly to be adopted, or rejected, without some reflection and consideration being bestowed upon the proposition. There might be something of value in it. Mr. EARLE, of Philadelphia county, intimated to his colleague (Mr. Ingersoll) that he would be glad if he would go on, and save time, and thus endeavor to render the expenses of this convention as small as pos sible. Mr. INGERSOLL, of Philadelphia county, replied that he was not then prepared either intellectually or physically to proceed. Mr. EARLE said, it struck him that we might as well take the question on the amendment of the gentleman from Luzerne, (Mr. Woodward) at this time. The CHAIR said that it was not before the committee. Mr. BROWN, of Philadelphia county, remarked that this was an important subject, and although he did not sufficiently understand it as to be able to suggest a remedy for the evil complained of, he would move that the committee now rise; and if his motion should be agreed to, he would then move for the appointment of a select committee, to whom should be referred the various propositions before the Convention, in order that they might examine and consider them, and then bring in a project which would be likely to meet the approval of the Convention. Mr. DICKEY, of Beaver, said that he had no objection to the motion of the delegate from the county of Philadelphia, but begged to suggest to him whether it would not be better first to have a vote taken on the first section. Mr. BROWN not accepting the suggestion, The committee rose and reported progress. Mr. BROWN then asked and obtained leave to make a motion to refer the various resolutions, relative to the organization of the judiciary, to a select committee. Mr. M'SHERRY, of Adams, said that the committee of the whole must be discharged first from the consideration of the subject. Mr. BROWN accordingly moved to discharge the committee of the whole from the farther consideration of the fifth article. Mr. MERRILL, of Union, would suggest to the gentleman from the county of Philadelphia, whether it would not be advisable that we should look over the article for the purpose of seeing whether there was not some amendment to be made to it. If a committee were to be raised, it would be very uncertain when they would report. The gentleman might bring forward his amendment to morrow, and have a vote taken on it. He hoped the gentleman would consent to waive his motion for the present. Mr. CHAMBERS, of Franklin, remarked that it appeared to him the motion of the delegate from the county of Philadelphia was unpreceden ted. The fifth article was now before the committee of the whole, and some progress had been made in it. All the amendments must be submitted-for what? The committee of the whole must be discharged from the farther consideration of the subject, on which it had been engaged for months, in order to send it back to the committee. He asked whether the Convention could advance with their labors by pursuing this course. If we should divide on the judicial tenure and the arrangement of the courts, much time would be lost before we should be able to come to any definite conclusion. It appeared to him that, inasmuch as we were now in committee of the whole, the better way would be to go on. Every thing that was required to be done, could be as well accomplished in committee of the whole now, as at any other time. Delay would be the con sequence of the adoption of any other course, and nothing beneficial would result from it. Mr. BROWN, of Philadelphia county, withdrew his motion; and, on motion, The Convention adjourned. THURSDAY, NOVEMRER 9, 1837. The PRESIDENT laid before the Convention a letter from Levi Hollingsworth, clerk of the common council of the city of Philadelphia, enclosing a resolution from the select and common councils of the city of Phila delphia, as follows, viz: Hon. JOHN SERGEANT : NOVEMBER 7, 1837, SIR-In compliance with a resolution of councils, I have great pleasure in transmitting you the enclosed. I am, very respectfully, LEVI HOLLINGSWORTH. Extract from journal of the select and common councils of the city of Philadelphia, of November 7, 1837. Resolved, That the select and common councils will most cheerfully furnish the Convention with accommodations, in conformity with the resolution of July 10, 1837, in the event of their adjourning to meet in the city of Philadelphia. WILLIAM RAWLE, Attest LEVI HOLLINGSWORTH, Clerk of Common Council. These communications were laid on the table. Mr. INGERSOLL Submitted the following resolution: Resolved, That the committee of the whole be discharged from the farther consideration of the fifth article, and that the same, except so much as relates to the tenure the judicial office, together with the several projects of judicial system which have been printed by order of the convention, be referred to a select committee, to report with such amendments as may appear to them to be necessary. Mr. INGERSOLL moved that the convention proceed to the second reading and consideration of the resolution, which motion was agreed to, ayes 51-noes 26. Mr. INGERSOLL rose and said, that he would add a few words to the remarks he had already made in explanation of the object contemplated by him in offering his amendment. He would premise that his own preference would be to refer the whole matter to the committee on the judiciary. Such, it appeared to him, would be the appropriate course to be taken. A resolution which he held in his hand had that referernce in view; and if his friend from the county of Luzerne, (Mr. Woodward) had given him an opportunity, it was his (Mr. I's.) intention to have moved an amendment, by substituting the judiciary committee, for a select committee. The reasons why this course should be preferred were obvious. The committee on the judiciary was composed of the oldest and the most unexceptionable gentlemen, that could be placed at the head of a com- ( mittee, on which such a serious responsibility rested. But his friend on the right, (Mr. Woodward) to whom he (Mr. I.) yielded in drafting, had thought proper to require him to put it in such a shape as would please every body. But, said Mr. I., let the proposition go to what committee it may, my views in regard to it are these: In every convention which has heretofore sat, any gentleman who will take the trouble to read the journals or reports of proceedings of those conventions, will see that, after progressing to a certain stage in the consideration of a subject, it has been necessary to refer it to some com mittee out of doors, composed of a few, and sitting in private by themselves, for the purpose of arranging the phraseology-thus methodising that which has to be matured in the house. By adopting this plan, we save weeks of protracted discussion as a committee, by sending it to a similar committee elsewhere. This, then, is my main object. Every gentleman will perceive that the substitute which I have offered, does not affect, in the remotest degree, the question of the judicial tenure; and to whatever committee it may be sent, that committee is furnished with no instructions to meddle in any way with the question of tenure, but only with the one main question of jurisdiction. And, Mr. President, as I shall never hereafter seek an opportunity of explaining my own views to the convention, I will say a few words at the present time in illustration of this subject. My project I admit to be very radical. It goes to the whole system, top and bottom-root and branch; it pervades them all. It takes away from the justices of the peace jurisdiction over all cases exceeding the sum of fifty dollars-and, in return for what it takes away, it gives them a universal jurisdiction, where, at present they have none: it gives them jurisdiction in cases of ejectment jurisdiction in cases of replevin-jurisdiction in cases of damages. It gives them, in short, recognizance to institute all prosecu tions for all offences, and exclusive original jurisdiction of suits, for all sums of money not exceeding fifty dollars. It thus bestows upon them a universal jurisdiction with which, under the system as it now exists, they have nothing to do; but it reduces their jurisdiction from one hun dred dollars to fifty dollars. In reference to the intermediate court, that is, the court of common pleas, my amendment proposes to do away with the whole system, and to substitute for them county courts of one or more magistrates, as may be thought proper. I do not know whether these magistrates should be professional men, or not. I would leave that point to be determined by the convention; and I have reduced the entire jurisdiction of these county courts to the sum of one thousand dollars. Within that sum I propose to give them universal jurisdiction; it gives them orphans' court jurisdiction, which at present require two judges. And, in reference to this court, I will here state as a fact that, in the part of the commonwealth in which I reside, it is a matter of every days experience for a judge to sit by himself, whilst the other judge, who may be a hundred miles off, is considered as actually present. It brings their jurisdiction up to the sum of one thousand dollars, and gives them jurisdiction over all civil and criminal matters, register's court jurisdic tion, &c.; and their jurisdiction should be extremely localised, and confined to a small neighborhood of a few people; in some instances to a county; in others to less than a county. Then, over the whole, the system places the supreme court with fifteen judges, instead of five only, as at present constituted; and the supreme court, instead of sitting at Sunbury and Lancaster, which are places more adapted to the accommodation of the bar than of the people, (and I mean not to infer any thing wrong by this remark,) is to be required to sit as follows; three of the judges, in rotation of the whole fifteen, are to sit almost constantly, at least twice a year, in Philadelphia, Harrisburg and Pittsburg, while the other twelve associate judges, in the like rotation, are going through the state, at least twice in every year, trying all matters of fact, provided the amount exceeds the sum of one thousand dollars, and all crimes of a certain magnitude-leaving it to the legislature to draw the line of demarcation as to all crimes, &c., as they may think proper. This, Mr. President, is the system which I offer to the consideration of this Convention. I have also super-added a very important office which has been estab lished in many other states of the union, and not in this-though we should have had such an officer long since. I mean the office of reporter; an office of such importance as to be worthy in my opinion, of a constitutional provision for his appointment and salary. By a reporter, I do not mean some young lawyer, who is to be engaged simply for the purpose of registering the opinions of the court; but a man who is to be select ed by the appointing power-wherever that appointing power is to rest-and who is to be qualified as a supervisor over the courtthat is to say, to enable the public to revise their proceedings. He is not to be the humble servant of the court-to do their bidding, and to register such things as they please, and no more. But he is to keep a record of the proceedings of the court, and he is to publish these proeedings once in a given time. He is to furnish copies of all these proceedings to the secretary of the commonwealth, to the legislature, to the executive, and to the several judges of the state. This is my entire system. I have added, although this is a point on which I do not feel very tenacious, the amount of salary which is to be settled by constitutional provision. This I think, is not going very far. The law, as it exists at present, is that the judges, salary shall not be reduced during their continuance in office. I have provided that no judge shall receive any other perquisite, allowance or emolument, than the said salary. A per diem travelling allowance is a fee, and it is directly in the face of the constitution. Give your judges neither a mean nor an extravagant sum. Let every body know what that sum is, and let it be known that in this sum is comprehended all the pay and emolument of every kind which a judge is to receive. This is the whole scope and object of my amendment. I shall leave it in the hands of the convention; having said all I have to say on a subject which I have had very much at heart. I think that a protracted discussion of two weeks, in reference to the tenure of office, has nearly ripened every mind and prepared it to act promptly and efficiently. And although, when the subject shall come up in convention on second reading, I shall hope still to have the benefit of |