Proceedings and Debates of the Convention of the Commonwealth of Pennsylvania

gentleman from Beaver. of taking from the Convention the power of going into the committee of the whole on any part of the Constitution. Neither would it prevent the Convention from taking up, at any time, any portion of the Constitution which it might see proper. After these committees were appointed, was it not in the power of any delegate in the Convention to bring forward a proposition of amendment, by instructing the committee on a particular article to make such a proposed amendment; and when these amendments were brought forward could they not be discussed? Certainly they could. These propositions might first be discussed, and referred to a committee afterwards. Then, this being the case, he could not see why any gentleman should oppose the amendment of the gentleman from Beaver, proposing to raise nine standing committees on the nine articles of the Constitution. Besides this, the Convention would have the power, at any time, to take from any of the committees a portion of their business, or to instruct them to make any report which the Convention might choose. The Convention and the committees might be deliberating at the same time, on the same proposition; then how could it be said that the appointment of these committees would be delaying the business of the Convention?

Mr. BROWN, of Philadelphia, then moved an amendment, "that the Convention will go into the committee of the whole every day, to see what amendments are necessary to the Constitution of the commonwealth".

Mr. FORWARD thought it would be entirely inexpedient to go into committee of the whole at this time. Every gentleman who had a desire, might submit his views in the shape of resolutions, directing one of the committees to enquire into the expediency of making certain amendments to the Constitution; and by these resolutions being printed and laid upon the tables, every gentleman would be instructed, and aided in his own private deliberations. He hoped the amendment of the gentleman from Beaver would prevail.

Mr. BROWN then withdrew his amendment.

The amendment of Mr. DICKEY was then agreed to, yeas 73, nays 52, as follows:

YEAS-Messrs. Ayres, Agnew, Baldwin, Banks, Barclay, Barndollar, Barnitz, Bell, Biddle, Brown, of Lancaster, Carey, Chandler, of Chester, Chandler, of Philadelphia, Chauncey, Clapp, Clarke, of Beaver, Clark, of Dauphin, Cline, Coates, Cochran, Cope, Cox, Craig, Crum, Cunningham, Darlington, Denny, Dickey, Dickerson, Donagan, Doran, Dunlop, Fleming, Forward, Gilmore, Harris, Hastings, Henderson, of Allegheny, Henderson, of Dauphin, Hiester, Hopkinson, Houpt, Ingersoll, Jenks, Kerr, Konigmacher, Long, M'Call, M'Dowell, M'Sherry, Meredith, Merkel, Montgomery, Pennypacker, Pollock, Porter, of Lancaster, Reigart, Riter, Rogers, Royer, Russel, Saeger, Scott, Seltzer, Serrill, Sill, Snively, Stevens, Thomas, Todd, Weidman, Young, Sergeant, President-73.

NAYS-Messrs. Bedford, Bigelow, Bonham, Brown, of Philadelphia, Butler, Clarke, of Indiana, Cleavinger, Crain, Crawford, Cummin, Curll, Darrah, Dillinger, Donnell, Earle, Farrelly, Foulkrod, Fuller, Gamble, Gearhart, Grenell, Hamlin, Hayhurst, Helffenstein, High, Hyde, Keim, Kennedy, Krebs, Lyons, Maclay, Magee, Mann, M'Cahen, Merrill, Miller, Myers, Overfield, Porter, of Northampton, Purviance, Read, Ritter, Sellers, Scheetz, Shellito, Smyth, Sterigere, Stickel, Swetland, Taggart, White, Woodward-52.

The resolution, as amended, was then agreed to, when

WEDNESDAY, May 10, 1837.

The PRESIDENT announced, that in conformity with a resolution of the Convention, adopted yesterday, he had appointed the following committees on the several articles of the Constitution, namely:

ON ARTICLE I.

Messrs. DENNY, BANKS, BARNITZ, MACLAY, M. HENDERSON, STERIGERE, KENNEDY, PURVIANCE, WHITE.

ON ARTICLE II.

Messrs. STEVENS, INGERSOLL, Meredith, BELL, J. PORTer, DickerSON, DARLINGTON, AYRES, Overfield.

ON ARTICLE III.

Messrs. CUNNINGHAM, JOHN CLARKE, ROGERS, EARLE, CLAPP, FOULKROD, JENKS, LYONS, SAEGER.

ON ARTICLE IV.

Messrs. JAMES CLARKE, BIddle, Smyth, CLEAVINGER, M’Dowell, BAYNE, KERR, FARRELLY, FRY.

ON ARTICLE V.

Messrs. HOPKINSON, CHAMBERS, WOODWARD, MERRILL, HAMLIN, FLEMING, WEIDMAN, BARCLAY, JOHN CHAndler.

ON ARTICLE VI.

Messrs. READ, CHAUNCFY, DUNLOP, TAGGART, HIESTER, Fuller, CUMMIN, ROYER, DONNEL.

ON ARTICLE VII.

Messrs. FORWARD, J. R. CHANDLER, G. W. RITER, SILL, Keim. ReiGART, POLLOCK, MARTIN, SEllers.

ON ARTICLE VIII.

Messrs. DICKEY, W. Clark, Long, Mann, Serrill, SnIVELY, GAMBLE, TODD, COCHRAN.

ON ARTICLE IX.

Messrs. J. M. PORTER, M'SHERRY, SCOTT, Cox, L. COATES, CRAIN, CLINE, AGNEW, SCHEETZ.

Mr. INGERSOLL submitted the following resolution, which was read a second time, considered and adopted:

Resolved, That the subjects of the currency, corporations, the public highways and eminent domain of the State, be referred to a special committee to report thereon to this Convention, and that the subjects of the public improvements, loans and debts of the State be referred to another special commttee to report thereon to this Convention.

Whereupon it was

Ordered, That Messrs. INGE SOLL, RUSSEL, MYERS, BALDWIN, CRAIG, DARRAH, HARRIS, W. BROWN, and CRUM, be the committee for the purposes expressed in the first branch of the resolution; and that Messrs. STEVENS, DONAGAN, PENNYPACKER, GILMORE, W. HENDERSON, YOUNG, MILLER, J. BROWN, and BUTLER, be the committee for the purposes expressed in the second branch of the resolution.

Mr. BROWN, of Philadelphia, submitted the following resolutions, which were laid on the table, and ordered to be printed.

ARTICLE I.

Resolved, That the legislative department of the Constitution of the Commonwealth, ought to be amended.

FIRST. By taking from it the veto power of the Governor; or, if retained, substituting three fifths of both houses, as necessary to pass a law, instead of two thirds as at present. SECOND. By limiting the term of service of Senators to two years, instead of four. THIRD. By prohibiting the Legislature from passing in the same "act,” laws relating to subjects unconnected with each other.

FOURTH. By restricting the Legislature in granting special acts of incorporation, to associations for internal improvements for transportation, or for municipal government; and requiring all other acts of incorporation to be by general laws, equally free and open to all citizens.

FIFTH. By requiring the Legislature to meet on the second Tuesday in January, instead of the first Tuesday in December, as at present.

SIXTH. By requiring all laws to be originated in the House of Representatives.

SEVENTH. By prohibiting any city, borough, or district incorporated for municipal government, from holding any real estate other than what is used for public purposes, or connected with its public establishments.

ARTICLE II.

Resolved, That the executive departments of this Commonwealth ought to be amended.

FIRST. By reducing the term of service of the Governor to two years, and his eligibility to only four years out of six

SECOND. By taking from the Governor the appointment of all officers, other than those connected with the state executive departments, as Secretary of State, Auditor General, Surveyor General, Secretary of the Land office, and their assistants, and requiring the concurrence of the Senate to the appointment of the heads of those departments.

ARTICLE III.

Resolved, That article third, section first, of the Constitution of this Commonwealth, ought to be amended;

FIRST. By giving the rights of an elector to every citizen of the United States, native or naturalized, of the age of twenty-one years, who shall have resided in this state six months preceding the election.

SECOND. By taking from it the tax qualification.

ARTICLE V.

Resolved, That the Judiciary department of the Constitution of this Commonwealth, ought to be amended.

FIRST. By limiting the term of office of the Judges of the Supreme court to five years, and by giving their appointments to the joint vote of both Houses of the Legislature; one Judge to be appointed annually.

SECOND. By limiting the term of office of the President Judge of the District and County courts to three years, and giving their appointment to the joint vote of both Houses of the Legislature, and by limiting the term of office of the Associate Judges to two years; one to be elected annually by the citizens of each county.

THIRD. That Justices of the Peace shall be elected by the citizens of each ward, district, or township, and shall hold their offices for three years.

ARTICLE VI.

Resolved, That article sixth of the Constitution of this Commonwealth, ought to be amended:

FIRST. That the citizens of each county in the state shall elect their Sheriff, Coroner, Prothonotary, Register, and Recorder, County Commissioners, and such other county officers as conveniently can by them be so elected, to hold their offices for three years. SECOND. That the citizens of each of the wards, districts, or townships, now established in this Commonwealth, or that may hereafter be established by law, shall, beside the powers that may be given them by law, elect on the third Friday of March, annually,

WEDNESDAY, MAY 10, 1837.

The PRESIDENT announced, that in conformity with a resolution of the Convention, adopted yesterday, he had appointed the following committees on the several articles of the Constitution, namely:

ON ARTICLE I.

Messrs. DENNY, BANKS, BARNITZ, MACLAY, M. HENDERSON, STERIgere, Kennedy, PURVIANCE, White.

ON ARTICLE II.

Messrs. STEVENS, INGERSOLL, Meredith, Bell, J. PORTER, DickerSON, Darlington, Ayres, Overfield.

ON ARTICLE III.

Messrs. CUNNINGHAM, JOHN CLARKE, ROGERS, EARLE, CLAPP, FOULKROD, JENKS, LYONS, SAEGER.

ON ARTICLE IV.

Messrs. JAMES CLARKE, BIDDLE, SMYTH, CLEAVINGER, M'DOWELL, BAYNE, KERR, FARRELLY, FRY.

ON ARTICLE V.

Messrs. HOPKINSON, CHAMBERS, WOODWARD, MERRILL, HAMLIN, FLEMING, WEIDMAN, BARCLAY, JOHN CHANDLER.

ON ARTICLE VI.

Messrs. READ, CHAUNCFY, DUNLOP, TAGGART, HIESTER, Fuller, CUMMIN, ROYER, Donnel.

ON ARTICLE VII.

Messrs. FORWARD, J. R. CHANDLER, G. W. RITER, SILL, KEIM. REIGART, POLLOCK, MARTIN, Sellers.

ON ARTICLE VIII.

Messrs. DICKEY, W. CLARK, LONG, MANN, SERRILL, SNIVELY, GAMBLE, TODD, COCHRAN.

ON ARTICLE IX.

Messrs. J. M. PORTER, M'SHERRY, SCOTT, Cox, L. COATES, CRAIN, CLINE, AGNEW, Scheetz.

Mr. INGERSOLL submitted the following resolution, which was read a second time, considered and adopted:

Whereupon it was

Mr. BROWN, of Philadelphia, submitted the following resolutions, which were laid on the table, and ordered to be printed.

ARTICLE I.

Resolved, That the legislative department of the Constitution of the Commonwealth, ought to be amended.

FIRST. By taking from it the veto power of the Governor; or, if retained, substituting three fifths of both houses, as necessary to pass a law, instead of two thirds as at present. SECOND. By limiting the term of service of Senators to two years, instead of four. THIRD. By prohibiting the Legislature from passing in the same "act," laws relating to subjects unconnected with each other.

FIFTH. By requiring the Legislature to meet on the second Tuesday in January, instead of the first Tuesday in December, as at present.

SIXTH. By requiring all laws to be originated in the House of Representatives.

ARTICLE II.

Resolved, That the exccutive departments of this Commonwealth ought to be amended.

FIRST. By reducing the term of service of the Governor to two years, and his eligibility to only four years out of six

ARTICLE III.

Resolved, That article third, section first, of the Constitution of this Commonwealth, ought to be amended;

SECOND. By taking from it the tax qualification.

ARTICLE V.

Resolved, That the Judiciary department of the Constitution of this Commonwealth, ought to be amended.

THIRD. That Justices of the Peace shall be elected by the citizens of each ward, dis trict, or township, and shall hold their offices for three years.

ARTICLE VI.

Resolved, That article sixth of the Constitution of this Commonwealth, ought to be amended:

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Proceedings and Debates of the Convention of the Commonwealth of ..., Volume 1