Proceedings and Debates of the Convention of the Commonwealth of Pennsylvania

ple of the commonwealth of Pennsylvania, against any attempted abuse of power on the part of the legislature. He asked for the yeas and

nays.

Mr. EARLE, of Philadelphia county, said, he would be much obliged to the gentleman from Chester, (Mr. Bell) if he would inform him, whether his amendment was intended to prevent the passage of a general law, so that no exclusive privileges should be granted. If that was not to be the effect of it, he (Mr. E.) would vote for the amendment.

Mr. HIESTER, of Lancaster, would suggest a modification to the gentleman from Chester, and that was, that he should make his amendment read, so as to require two successive legislatures to repeal, as well as to

enact.

Mr. BELL said, that he had almost made up his mind so to modify his amendment; but, when he came to look at the fact, that the legislature in 1814, reserved to themselves the right to repeal or modify, he did not see the propriety of modifying his amendment.

The question was then taken on the amendment, which was decided in the negative-yeas 58; nays 63.

YEAS-Messrs. Banks, Barclay, Bedford, Bell, Bigelow, Bonham, Brown, of Northampton, Brown, of Philadelphia, Clarke, of Indiana, Cleavinger, Crain, Crawford, Cummin, Curll, Darrah, Dillinger, Donagan, Donnell, Doran, Earle, Foukrod, Fry, Fuller, Gamble, Gearheart, Gilmore, Grenell. Hastings, Hayhurst, Helffenstein, Hiester, High, Hyde, Ingersoll, Keim, Kennedy, Krebs, Lyons, Magee, Mann, Martin, M'Cahen, Miller, Overfield, Payne, Read, Ritter, Scheetz, Sellers, Shellito, Smith, of Columbia, Smyth, of Centre, Stickel, Sturdevant, Taggart, Weaver, White, Woodward-58.

NAYS-Messrs. Agnew, Baldwin, Barndollar, Barnitz, Biddle, Brown, of Lancaster, Carey, Chambers, Chandler, of Chester, Chandler, of Philadelphia, Chauncey, Clarke, of Beaver, Clark, of Dauphin, Coates, Cochran, Cope, Cox, Craig, Crum, Cunningham, Darlington, Denny, Dickey, Dickerson, Dunlop, Farrelly, Forward, Harris, Hays, Henderson, of Allegheny, Henderson, of Dauphin, Hopkinsen, Houpt, Jenks, Kerr, Konigmacher, Long, Maclay, M'Call, M'Dowell, M'Sherry, Meredith, Merrill, Merkel, Montgomery Pennypacker, Pollock, Porter, of Lancaster, Purviance, Reigart, Royer, Russull, Saeger, Scott, Se'tzer, Serrill, Sill, Snively, Thomas, Todd, Weidman, Young, Sergeant, President-63.

Mr. HEISTER, of Lancaster, moved to amend the said third division of the amendment by striking therefrom, all after the words the legislature," and inserting in lieu thereof the words as follow, viz:

"The legislature shall hereafter grant no charter of incorporation until after four months' public notice of the application for the same shall have been given in such manner, as shall be prescribed by law. Nor shall any corporation possessing banking or discounting privileges be continued for more than fifteen years without renewal. Neither shall any corporation be created, continued or revived, whose charter may not be modfied, altered or repealed by the concurrent action of two successive legislatures, subject to such indemnification as by the said two successive legislatures shall be deemed just and equitable. Nor shall corporate privileges of a general or local character be granted to more than one company in the

same law."

Mr. HIESTER said, this was merely the substance of a resolution which he had offered some time since. It had been fully discussed, and he would only ask the convention to indulge him with the yeas and nays on the question.

The call being seconded, the yeas and nays were ordered; and, the question being taken, it was decided in the negative, as follow, viz:

YEAS-Messrs. Banks, Barclay, Bedford, Bell, Bigelow, Bonham, Brown, of Northampton, Brown, of Philadelphia, Clarke, of Indiana, Cleavinger, Crain, Crawford, Cummin, Curl, Darrah, Dillinger, Donagan, Donnell, Doran, Earle, Fleming, Foulkrod, Fry, Fuller, Gamble, Gearhart, Gilmore, Grenell, Hastings, Hayhurst, Helffenstein, Hiester, High, Hyde, Ingersoll, Keim, Kennedy, Krebs, Lyons, Magee, Mann, Martin, M'Cahen, Merkel, Miller, Overfield, Payne, Purviance, Read, Riter, Scheetz, Sellers, Seltzer, Shellito, Smith, of Columbia, Synth, of Centre, Stickel, Taggart, Weaver, White, Woodward-61.

NAYS-Messrs. Agnew, Baldwin, Barndollar, Barntz, Biddle, Brown, of Lancaster, Carey, Chambers, Chandler, of Chester, Chandler, of Philadelphia, Chauncey, Clarke, of Beaver, Clark, of Dauphin, Coates, Cochran, Cope, Cox, Craig, Crum, Cunningham, Darlington, Denny, Dickey, Dickerson, Dunlop, Farrelly, Forward, Harris, Hays, Henderson, of Allegheny, Henderson, of Dauphin. Hopkinson, Houpt, Jenks, Kerr, Konigmacher, Long, Maclay, M'Call, M'Dowell, M'Sherry, Meredith, Merrill, Montgomery, Pennypacker, Pollock, Porter, of Lancaster, Reigart, Royer, Russell, Saeger, Scott, Serrill, Sill, Snively, Sturdevant, Thomas, Todd, Wiedman, Young, Sergeant, President-61.

The question was then taken on the third branch of the amendment of Mr. STERIGERE, as follows, viz:

"The legislature shall have power to repeal or alter any charter which has been or may be granted to any bank, whenever in their opinion the same is injurious to the citizens of the commonwealth; but, no such alteration shall be binding on any bank, unless the same be assented to by a majority of the stockholders, certified in manner as may be prescribed by law; and, in case the bank whose charter may be altered, shall neglect or refuse to assent to such alteration within the time fixed by law, the chartered privileges granted to such bank shall thence forth cease and determine, except so far and for so long a time as may be necessary to collect its debts and wind up its concerns, not exceeding two years: Provided, that when any charter shall be repealed or shall cease as aforesaid, in case any bonus or sum of money, other than a tax on the stock or annual profits of the bank, may have been paid the state by such bank for the privileges granted to it, the state shall retain for the privileges enjoyed only so much of such bonus or sum as will be a just proportion of the bonus or sum, such bank was to pay for the privileges granted, having a due regard to the amount of capital and the duration of the charter, to be determined in such manner as may be prescribed by law."

YEAS-Messrs. Bedford, Bonham, Brown, of Northampton, Crain, Darrah, Dillinger, Earle, Fleming, Foulkrod, Krebs, Mann, M'Cahen, Miller, Ritter, Sellers, Smyth, of Centre, Sterigere, Stickel, White-20.

NAYS Messrs. Agnew, Baldwin, Banks, Barclay, Barndollar, Barnitz, Biddle, Brown, of Lancaster, Carey, Chambers, Chandler, of Chester, Chandler, of Philadel phia, Chauncey, Clarke, of Beaver, Clark, of Dauphin, Clarke, of Indiana, Cleavinger, Cochran, Cope, Cox, Craig, Crum, Cummin, Cunningham, Curll, Darlington, Denny, Dickey, Dickerson, Donagan, Dunlop, Farrelly, Forward, Fry, Fuller, Gamble,

Gearhart, Gilmore, Grenell, Harris, Hastings, Hayhurst, Hays, Henderson, of Allegheny, Henderson, of Dauphin, Hiester, High, Hopkinson, Houpt, Hyde, Ingersoll, Jenks, Kennedy, Kerr, Konigmacher, Long, Lyons, Maclay, Martin, M'Call, M'Dowell, M'Sherry, Meredith, Merrill, Merkel, Montgomery, Overfield, Payne, Pennypacker, Pollock, Porter, of Lancaster, Purviance, Reigart, Read, Royer, Russell, Seager, Scott, Seltzer, Serrill, Shellito, Sill, Smith, of Columbia, Snively, Sturdevant, Taggart, Thomas, Todd, Weaver, Weidman, Woodward, Young, Sergeant, President—92. So the question was determined in the negative.

Mr. McDowELL, moved to amend the report of the committee by adding thereto the following new section:

"The title of every bill passed into a law shall distinctly announce its character, and no two distinct or dissimilar subjects of legislation shall be included in one act, nor shall more than one charter of incorporation be passed in the same law."

And the said amendment being under consideration,

Mr. CAREY, moved an adjournment, which was disagreed to.

Mr. DUNLOP said, before the question was taken, he wished to state an amendment, which he wished to offer. It was this, that no amendment should be made to a bill within the last ten days of a session. He did not altogether approve of the amendment of the gentleman from Bucks. It might be a question, under that amendment, whether the law should not be submitted to the jury, for their decision upon its constitutionality. The amendment which he now proposed would, if carried, put an end to the incongruity of legislation. The two houses could be obliged to pass every bill as first read, and neither house would make an amend ment not relating to the subject of the bill. All the hurry and agitation, which attend the close of a session would thus be prevented.

Mr. McDowELL, had a few words to say, in reply. It was admitted, on all sides, that the evil proposed to be cured, was very great, and he believed it possible to provide an adequate remedy for it. The operation of the amendment offered by the gentleman from Franklin, would be to put in every bill forty different subjects, before the legislature got within the ten days of the close of the session. The amendment only changed the time of doing what we all so much deprecate. There would be vast confusion, and every sort of log-rolling, before the bill was reported. He regretted that there were some here who were open advocates of logrolling. If a practice was wrong in itself, he did not think it ought to be olerated on the score of convenience. If no constitutional provision can prevent log-rolling, as we are told, then we are bound at least to shew, that we condemn the pratice, by placing the condemnation on the face of the constitution.

Mr. HEISTER, moved to amend the amendment by inserting before the words "the title," in the beginning of said amendment, the words as follow, viz:

"The legislature shall hereafter grant no charter of incorporation, until after five months' public notice of the application for the same shall have been given in such manner as shall be prescribed by law; nor shall any coporation possessing banking or discounting privileges be continued for

more than twenty years without renewal; neither shall any corporation be created, continued or revived, whose charter may not be modified, altered or repealed by the concurrent action of two successive legislatures, subject to such indemnification as by the said two successive legislatures shall be deemed just and equitable."

Mr. STURDEVANT said, he felt perfectly well satisfied, that we should make no alteration, and he called for the previous question,-which was seconded.

On the question,

"Shall the main question be now put ?"

The yeas and nays were required by Mr. MANN and Mr. SELLERS, and are as follow, viz:

YEAS-Messrs. Agnew, Baldwin, Barndollar, Barnitz, Biddle, Brown, of Lancaster, Chambers, Chandler, of Chester, Chandler, of Philadelphia, Chauncey, Clarke, of Beaver, Clark, of Dauphin, Cochran, Cope, Cox, Craig, Crum, Cunningham, Darlington, Denny, Dickey, Dickerson, Dunlop, Farrelly, Forward, Harris, Hays, Henderson, of Allegheny, Henderson, of Dauphin, Houpt, Jenks, Kerr, Konigmacher, Long, Maclay, M'Call, M'Sherry, Meredith, Merrill, Merkel, Montgomery, Pennypacker, Pollock, Porter, of Lancaster, Reigart, Royer, Russell, Saeger, Scott, Seltzer, Serrill, Sill, Snively, Sturdevant, Thomas, Todd, Weidman, Young, Sergeant, President-59.

NAYS-Messrs. Banks, Barclay, Bedford, Bell, Bigelow, Bonham, Brown, of Philadelphia, Clarke, of Indiana, Cleavinger, Crain, Crawford, Cummin, Curll, Darrah, Dillinger, Donagan, Donnell, Doran, Earle, Fleming, Foulkrod, Fry, Fuller, Gamble, Gearhart, Gilmore, Grenell, Hastings, Hayhurst, Helffenstein, Hiester, High, Hopkinson, Hyde, Ingersoll, Keim, Kennedy, Krebs, Lyons, Magee, Mann, Martin, M'Cahen, M'Dowell, Miller, Overfield, Payne, Purviance, Read, Ritter, Scheetz, Sellers, Shellito, Smith, of Columbia, Smyth, of Centre, Sterigere, Stickel, Taggart, Weaver, White, Woodward-61.

So the question was determined in the negative.

On motion of Mr. GAMBLE,

The convention then adjourned till half past ten o'clock to-morrow morning.

VOL. IX.

THURSDAY, JANUARY 11, 1838.

Mr. MARTIN, of Philadelphia county, presented a memorial from citizens of the city and county of Philadelphia, praying that the constitution may be so amended as to provide that the civil rights, privileges or capacities of any citizen shall in no way be affected, diminished or enlarged, merely on account of his religious opinions;

Which was laid on the table.

Mr. DARRAH, of Berks, presented a memorial similar in its character from citizens of the county of Bucks;