FRIDAY, January 1, 1790, A. M. The convention met pursuant to adjournment. A letter was presented to the chair from John Breckbill, Esq. a mem ber of this convention for the county of Lancaster, in excuse for his non-attendance. Ordered to lie on the table. Agreeably to the order of the day the convention resolved itself into a committee of the whole; and after some time the committee reported further progress and obtained leave to sit again. Adjourned until ten o'clock to-morrow, A. M. On Saturday, January 2d, 1790, Monday, January 4th, Tuesday, January 5th, Wednesday, January 6th, Thursday, January 7th, Friday, January 8th, Saturday January 9th, Monday, January 11th, Tuesday, January 12th, Wednesday, January 13th,Thursday, January 14th, Fri-day, January 15th, Saturday, January 16th, Monday, January 18th, Tuesday, January 19th,f Wednesday, January 20th, Thursday, January 21st, and Friday, January 22d, the convention in committee of the whole, made further progress in the business referred to them on the 23d December. SATURDAY, January 28, 1790. A. M. The convention met pursuant to adjournment. Resolved, That a committeee be appointed to prepare a schedule for putting the government into operation. Ordered that Mr. Wilson, Mr. Lewis, Mr. Hand, Mr. Findley and Mr. James Ross, be a committee for the purpose contained in the foregoing resolution. Agreeably to the order of the day, the convention resolved itself into a committee of the whole, and after some time the committee reported further progress and obtained leave to sit again. Adjourned until three o'clock on Monday next, P. M. MONDAY, January 25, 1790, P. M. The convention met pursuant to adjournment. Agreeably to the order of the day the convention resolved itself into a committee of the whole, and after some time the committee reported further progress, and obtained leave to sit again. On motion of Mr. Sellers, ordered, that Mr. Roberts, Mr. Gray, Mr. Gibbons, Mr. Thomas Ross and Mr. Sellers, be a committee to attend the funeral of Henry Hale Graham, Esq. deceased, late a member of this convention for the county of Delaware, to-morrow morning at eleven o'clock. Adjourned until ten o'clock to-morrow, A. M. * On the 8th, Mr. Wilson obtained leave of absence until Tuesday next. On the 19th, a letter from William Irvine, Esq. a member of the convention froin the county of Cumberland, was read, in excuse for his non-attendance. TUESDAY, January 26, 1790. A. M. The convention met pursuant to adjournment. Mr. M'Kean, chairman of the committee of the whole, informed the convention that business of a public nature would necessarily oblige him to be absent for a few days, and requested leave of absence; which was accordingly granted. Agreeably to the order of the day the convention resolved itself into a committee of the whole; the president left the chair, and Mr. Hand was placed therein as chairman pro tempore. After some time spent in the business referred to them, the president resumed the chair; the chairman then reported, that the committee had made further progress in the business referred to them, and requested leave to sit again to-morrow. Leave was accordingly granted. Adjourned until ten o'clock to-morrow, A. M. WEDNESDAY, January 27, 1790, A. M. The convention met pursuant to adjournment. Mr. Wilson informed the convention that business of a public nature would require his attendance at New York, and requested leave of absence; which was accordingly granted. On motion, ordered, that Mr. Sitgreaves be added to the committee appointed on the 23d of January, instant, to prepare a schedule for putting the government into operation, in the room of Mr. Wilson. Mr. Roberts of the committee appointed to attend the funeral of Henry Hale Graham, Esquire, reported, that they had performed that service. Agreeably to the order of the day the convention resolved itself into a committee of the whole. And after some time the reported further progress, and obtained leave to sit again. A motion was made by Mr. Sellers, seconded by Mr. Bull, and adopted as follows, viz. Resolved, That it be recommended to the freemeu of the county of Delaware, who are by the election laws of this commonwealth qualified to vote for members of the general assembly, to hold an election at the same places and under the same rules and regulations prescribed by the said laws, on Wednesday the third day of February next, for a member of this convention to supply the vacancy occasioned by the death of Henry Hale Graham, Esquire. Resolved, that it be recommended to the same officers and persons who conducted the last general election, to attend, conduct and regulate the election hereby recommended to be held for the purpose aforesaid, in like manner as is directed by the election laws of this state, and make return thereef to this convention; and in case of the death, absence or inability of any of the said officers or persons, that others be chosen or appointed in their stead, before the opening of the said election. Resolved, that one hundred copies of the foregoing resolutions be printed and distributed for the information of the citizens of the said county. Adjourned until ten o'clock to-morrow, A. M. THURSDAY, January 28th, 1790. A. M. The convention met pursuant to adjournment. Mr. Hubley, a member of this convention for the county of Laneaster, asked leave of absence, which was accordingly granted, Agreeably to the order of the day the convention resolved itself into a committee of the whole. And after some time the committee reported further progress, and obtained leave to sit again. Ajourned until ten o'clock to-morrow, A. M. FRIDAY, January 29th, 1790. A. M. The convention met pursuant to adjournment. Mr. M'Kean, chairman of the committee of the whole, informed the house that the state of his health rendered it inconvenient for him to resume the chair. Agreeably to the order of the day the convention resolved itself into a committee of the whole. The president left the chair, and Mr. Hand was placed therein as chairman of the committee of the whole. After some time spent in the business referred to them, the president resumed the chair. The chairman then reported, that the committee had made further progress in the business referred to them, and requested leave to sit again to morrow. Leave was accordingly granted. Adjourned until ten o'clock to-morrow. A. M. On Saturday, January 30th, 1790, Monday, February 1st, Tuesday, February 2d, Wednesday, February 3d, and Thursday, February 4th, Convention, in the committee of the whole, made further progress in the business referred to them on the 23d December. FRIDAY, February 5th, 1790. A. M. The convention met pursuant to adjournment. Agreeably to the order of the day the convention resolved itself in to a committee of the whole. The president left the chair, and the chairman was placed therein. After some time spent in the business referred to them, the president resumed the chair. The chairman then reported, that the committee of the whole, to whom was referred the report of the committee of nine, had agreed to the following plan of government, which was presented to the chair and read, viz. We, the people of Pennsylvania, having by our representatives, freely chosen and in convention met, altered and amended the constitution of this commonwealth, do ordain and establish as follows: ARTICLE I. Section I. The legislative power of this commonwealth shall be vested in a general assembly, which shall consist of a senate and house of representatives. Section II. 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. Section III. No person shall be a representative who shall not have attained the age of twenty-one years, and have been, the three years next preceding his election, a citizen and inhabitant of the state, and the last year thereof an inhabitant of the city or county in which he shall be chosen. Section IV. The number of representatives shall, at the several periods of making the enumeration in this section mentioned, be fixed by the legislature, and apportioned between 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 more than one hundred; and that it shall be increased at the time of making each enumeration, except the first, in the same proportion which the increase of the number of taxables shall bear to the then number of representatives, until the same shall amount to one hundred. But each county shall have, at least, one representative; provided that no new county shall be entitled to a separate representation, until a sufficient number of taxable inhabitants shall be contained within the limits thereof to entitle them to at least one representative, agreeably to the ratio which shall then be established for the city of Philadelphia and the several counties; an enumeration of the taxable inhabitants shall be made within three years after the first meeting of the general assembly and within every subsequent term of seven years, in such manner, as shall be, by law, directed. Until such enumeration shall be made, the city of Philadelphia and the several counties shall be respectively entitled to choose the same number of representatives as is now prescribed by law. Section V. The senators shall be choosen for four years by the citizens of the city of Philadelphia and of each county respectively, at the same time, in the same manner and at the same places where they shall respectively vote for representatives. Section VI. The number of senators shall, at the several periods of making the enumeration mentioned in the fourth section, be fixed by the legislature, and apportioned between the districts formed as hereinafter mentioned, according to the number of taxable inhabitants in each, and shall never be less than one-fourth, nor more than one-third of the number of representatives. Section VII. The senators shall be chosen in districts, to be formed by the legislature, containing each, as nearly as may be, such a number of taxable inhabitants as shall be entitled to elect one senator; but where that cannot be done, then such number of adjoining counties shall be formed into one district as shall be entitled to elect not more than four senators: provided that neither the city of Philadelphia, nor any county, shall be divided in forming a district. Section VIII. No person shall be a senator who shall not have attained to the age of twenty-five years, and who shall not have been a citizen and inhabitant of the state four years next before his election; the last year whereof shall have been in the district for which he shall be chosen. Section IX. Immediately after the senators shall be assembled in consequence of the first election, they shall be divided, by lot, as equally as may be, into four classes. The seats of the senators of the first class, shall be vacated at the expiration of the first year's of the second class, at the expiration of the second year; of the third class, at the expiration of the third year; and of the fourth class, at the expiration of the fourth year; so that one-fourth may be chosen every year, Section X. The general assembly shall meet at least once in every year; and such meeting shall be on the first Tuesday of Decem ber. Section XI. Each house shall choose its speaker and other officers; and the senators shall also choose a speaker pro tempore, when the speaker shall exercise the office of governor. Section XII. Each house shall be the judge of the qualifications of its own members; but in case of contested elections the same shall be judged of, and determined by a committee, to be selected from the house in such manner as shall be, by law, directed and 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 authorised to compel the attendance of absent members in such manner, and under such penalties, as the house may provide. Section XIII. Each house may determine the rules of its proceedings, punish its members for disorderly behaviour, 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 either branch of the legislature of a free state. Section XIV. Each house shall keep a journal of its proceedings, and publish them weekly, excepting such parts as may, in their judgment, require secrecy and the yeas and nays of the members of either house, on any question, shall, at the desire of any two of them, be entered on the journals. 4 Section XV. The doors of each house shall be open, unless when the business shall be such as, in their judgment, ought to be kept secret. Section XVI. 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. Section XVII. 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 of the peace, be privileged from arrest, during their attendance at the session of the respective houses, and in going to and returning from the same; and for any speech or debate in either house, they shall not be questioned in any other place. Section XVIII. No senator or representative shall, during the time for which he was elected, be appointed to any civil office, under the authority of 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 of fice, except in the militia, under this commonwealth or the United States, shall be a member of either house during his continuance in congress or in office. Section XIX. When vacancies happen in either house the speaker of that house shall issue writs of election to fill such vacancies. |