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per measures for the protection of the commonwealth, and no one doubts their desire to do so.

If a governor should become peculiarly conscientious, in a time of approaching danger, and should not take the necessary measures for the defence of the state, it is in the power of the people to instruct their senators or representatives to carry out any measure for the defence of the commonwealth, even if the governor, as commander-in-chief of the army of the commonwealth, should refuse to carry it out. The people would, therefore, have the charge in their own hands.

It has been said, that a governor would, as he might have endeavored to do, fortify himself in office, by associating himself with the rich and the learned. I will not undertake to defend any governor from such a charge. If a governor has selected his associates from those who have acquired wealth, by means of their labor and their industry, as almost all our citizens, who have any wealth at all, have acquired it, I will not say what should be his punishment. I will leave this to loco focoisin itself, because they must enact a law for the punishment, when they create the crime.

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Nor shall I say what ought to be the punishment of our governors, if they should seek to associate themselves with the learned men of the land-men who know the history of the world-men who know, not only the history of their own country, but of other countries-monarchies or republics or whatever other kind of government may exist there. should not censure them; but on the contrary, I should think that it was a cheering and a goodly thing for the people of this commonwealth, to know that their chief magistrates were selecting their counsellors from among men learned in all the science, that appertains to human govern

ment.

In reference to the extension of time and reducing the number of terms during which a governor may be elected, I can see no good to result from such a provision.

Since the time of Simon Snyder, I believe that no governor has been elected more than once, and two terms have been the extent of the service of a chief magistrate in this state, This has been the case, without the operation of any prohibitory clause in the constitution; and I think, therefore, that the matter should be left in the hands of the people.

The time may come, when the people may be desirous to carry out some particular measure, and which would be carried out under the auspices of the governor for the time being, if he was elected for another term, when a new man, if elected in his place, might want the experience; or, probably, the nerve to accomplish the object.

Give, therefore, to the people the right to elect their governor for three terms, if they choose so to do; and after three terms, let it be that he shall rest from his labors, and that his works shall follow him. By them he will be judged.

Who can say that there is not danger to be apprehended from confining the governor to a single term? Who shall say that he may not, upon the consideration that he is appointed for one term only, in the case of a bank charter, for instance, be bribed, by the reflection of his own circumstances, and those of his family, to do a manifest wrong to the whole of

the commonwealth, and in order to build up some sectional measure for his own benefit, and the benefit of those immediately about him?

For my own part, I see in this prohibition, a stronger motive to do wrong, than I can discover in all the other circumstances attending the gubernatorial office. I would have the governor submit his works to the approval of the people, and if, at the expiration of the term of three years, his works are shown to have been such, as to elicit from the people, the approving words, "well done, good and faithful servant," let him not be thrown out of office, to give way to one without his experience, and without the approval of the people.

Mr. SMYTH, of Centre, asked for the yeas and nays on the question, and the call being seconded, the yeas and nays were ordered.

Mr. EARLE said, it was a maxim of Franklin, that where annual election ends, tyranny begins. This, said Mr. E., may be safely laid down. as a general republican principle.

I rise to notice the observations which have been made, in relation to the short term of office prevailing only where the states are small. There is one state which is larger than the average of the states of this Union. I allude to the state of Massachusetts. There the term of the governor is annual-and that of the state senators is annual.

But, the size of the state has nothing to do with this question of duration of terms; or, if it has, it must be in favor of the smallest term in the largest states. There is one argument which is very strong in favor of making the term of the governor and the senators shorter in a large state than in a small one. It is this. It has been said, and said truly, that the people are sometimes liable to be carried away by a sudden impulse, to do that which is wrong-as we have seen in some parts of our country. We have seen them rob and murder, suddenly and without trial. But, how did these sudden impulses operate? They always operate in a small territory. There is, therefore, some reason for making the term somewhat permanent; but, in larger states, these impulses do not extend-it is almost impossible they should extend over the length of the territory.

In the remarks which I made, when I addressed the convention before, in regard to rich and learned men, I did not intend to speak with any disrespect of them. I have myself endeavored to acquire learning, although I have not been very strict in the search after riches. I speak merely of human nature as it exists; and knowing, as we do, that nine men out of ten are operated upon by their own condition in life, and that they would wish to have such laws passed as will be most favorable to their own interests.

And, sir, men do this honestly, and without any intention to do that which is wrong. Go and ask a slave holder what is the best law, and he will tell you a slave law-because it protects his interests. Ask a slave what is the best law, and he will tell you a law of emancipation. The feelings of both these parties are influenced and governed by their own interests.

I do not wish either that the rich or the poor class should have exclusive control of the affairs of our government; I wish that each should

VOL. IX.

have its fair and proportionate weight. And my objection to the term of four years, and to the re-eligibility of the incumbent is, that power produces an aristocratic principle in the breast of him who possesses it-and that his associations become identified with those who are above the mass of the people; he naturally becomes influenced by them; and that influence is such that, if not counteracted by the action of the people, would swerve him from the right path,—and would induce him to attend more to the interests of the few, and less to the interests of the many. The legislatures are elected by universal suffrage; but they never act equally, and why? Because, when they meet in their legislative halls, they are subject to influences of this kind. It is the rich with whom they are brought in contact, and not the poor. Here it is found necessary to secure as much responsibility as possible by short terms of office. I should not care how short the term of office may be, if it were only three months, provided it could be made so, without inconvenience to the people.

Gentlemen propose rules here which they would not themselves be willing to act upon, if applied to the affairs of private life. Who would employ a tailor, or a watch-maker for the term of four years? Who would make a contract with either of them, that they should do this or that particular thing for me, for so many years, whether I liked their workmanship or not--and that at the end of that time, I should debar myself from employing either of them any more. It would be the act of a madman, and if you would not act in this way in private life, would you in public life?

Mr. M'CAHEN, of Philadelphia, asked for a division of the question.

The CHAIR decided that the question was not divisible.

And the question on the amendment of Mr. REIGART, was then taken, And on the question,

Will the convention agree so to amend the said section?

The yeas and nays were required by Mr. REIGART and Mr. READ, and are as follow, viz:

YEAS-Messrs. Agnew, Ayres, Barclay, Barndollar, Bedford, Bonham, Brown, of Lancaster, Brown, of Philadelphia, Chambers, Chandler of Chester, Clapp, Clarke, of Beaver, Cleavinger, Cline, Cochran, Craig, Crum, Dillinger, Dunlop, Farrelly, Forward, Fry, Hiester, Mann, Martin, M'Cahen, M'Dowell, Merrill, Merkel, Montgomery, Nevin, Pollock, Purviance, Reigart, Seltzer, Stickel, Sturdevant, Taggart, Weaver, White, Woodward--41.

NAYS-Messrs. Baldwin, Banks, Biddle, Bigelow, Brown, of Northampton, Carey, Chandler, of Philadelphia, Clark, of Dauphin, Clarke, of Indiana, Coates, Cox, Crain, Crawford, Cummin, Curll, Darrah, Denny, Dickey, Dickerson, Donagan, Donnell, Doran, Earle, Fleming, Foulkrod, Fuller, Gamble, Gearhart, Gilmore, Grenell, Harits, Hastings, Hayhurst, Hays, Helffenstein, Henderson, of Allegheny, Henderson, of Dauphin, High, Hopkinson, Houpt, Hyde, Ingersoll, Keim, Kennedy, Kerr, Konigmacher, Krebs, Lyons, Maclay, Magee, M'Sherry, Meredith, Miller, Overfield, Payne, Pennypacker, Read, Riter, Ritter, Rogers, Royer, Russell, Saeger, Scheetz, Scott, Sellers, Shellito, Sill, Smith, of Columbia, Smyth, of Centre, Snively, Sterigere, Thomas, Todd, Weidman, Young, Sergeant, President-77.

So the amendment was rejected.

A motion was made by Mr. STURDEVANT,

To amend the said section as amended, by striking therefrom the word "six," in the third line, and inserting in lieu thereof, the word "three ;" and by striking therefrom, the word "nine" in the last line, and inserting in lieu thereof, the word "six."

And on the question,

Will the convention agree so to amend the section ?

The yeas and nays were required by Mr. STURDEVANT and Mr. M'CAHEN, and are as follow, viz :

YEAS-Messrs. Ayres, Banks, Bedford, Bonham, Brown, of Philadelphia, Cleavinger, Cline, Cochran, Craig, Crain, Cummin, Curll, Darrah, Dillinger, Doran, Dunlop, Forward, Fry, Gilmore, Keim, Mann, Martin, M'Cahen, Purviance, Read, Ritter, Rogers, Sellers, Seltzer, Stickel, Sturdevant, Weaver, White, Woodward-34.

NAYS-Messrs. Agnew, Baldwin, Barclay, Barndollar, Biddle, Bigelow, Brown, of Lancaster, Brown, of Northampton, Carey, Chambers, Chandler, of Chester, Chandler, of Philadelphia, Clapp, Clarke, of Beaver, Clark, of Dauphin, Clarke, of Indiana, Coates, Cope, Cox, Crawford, Crum, Denny, Dickey, Dickerson, Donagan, Donnell, Earle, Farrelly, Fleming, Foulk rod, Fuller, Gamble, Gearhart, Grenell, Harris, Hastings, Hayhurst, Hays, Helffenstein, Henderson, of Allegheny, Henderson, of Dauphin, Hiester, High, Hopkinson, Houpt, Hyde, Ingersoll, Kennedy, Kerr, Konigmacher, Krebs, Lyons, Maclay, Magee, M'Dowell, M'Sherry, Meredith, Merrill, Merkel, Miller, Montgomery, Nevin, Overfield, Payne, Pennypacker, Pollock, Reigart, Riter, Royer, Russell, Saeger, Scheetz, Scott, Shellito, Sill, Smith, of Columbia, Smyth, of Centre, Snively, Sterigere, Taggart, Thomas, Todd, Weidman, Young, Sergeant, President-85.

So the question was determined in the negative.

A motion was made by Mr. PAYNE,

'To amend the said section by striking therefrom the word "three," in the first line, and inserting in lieu thereof, the word "two;" and also, by striking therefrom, the word "nine," in the last line, and inserting in lieu thereof, the word "eight."

And the said amendment being under consideration,

A motion was made by Mr. REIGART,

That the convention do now adjourn.

Which was agreed to.

Adjourned until half past three o'clock this afternoon.

MONDAY AFTERNOON, JANUARY 15, 1838.

SECOND ARTICLE.

The convention resumed the second reading of the report of the committee, to whom was referred the second article of the constitution, as reported by the committee of the whole.

The third section of said article being under consideration, as follows, viz:

"SECT. 3. The governor shall hold his office during three years, from the third Tuesday of January next ensuing his election, and shall not be capable of holding it longer than six in any term of nine years."

And the question being on the motion of Mr. PAYNE, of M'Kean, to amend the said section by striking therefrom the word "three" in the first line, and inserting in lieu thereof, the word "two," and also by striking therefrom the word "nine" in the last line, and inserting in lieu thereof, the word “eight.”

The yeas and nays were required by Mr. PAYNE and Mr. DARRAH, and were as follows, viz:

YEAS-Messrs. Banks, Brown, of Philadelphia, Cochran, Crain, Cummin, Darrah, Earle, Grenell, Hastings, M'Cahen, Payne, Read, Ritter, Smith, of Columbia-14.

NAYS-Messrs. Agnew, Baldwin, Barclay, Biddle, Bigelow, Bonham, Brown, of Lancaster, Brown, of Northamp on, Chambers, Chandler, of Philadelphia, Clapp, Clarke, of Beaver, Clark, of Dauphin, Clarke, of Indiana, Cline, Cope, Crawford, Curil, Denny, Dickey, Dickerson, Dilinger, Donagan, Donnell, Dunlop, Farrelly, Fleming, Foulkrod, Fuller, Gearhart, Gilmore, Harris, Hayhurst, Hays, Henderson, of Allegheny, Henderson, of Dauphin, Hiester, High, Hopkinson, Houpt, Ingersoll, Jenks, Kennedy, Ker, Konigmacher, Kiebs, Lyons, Maclay, Magee, Mann, Martin, M'Dowell, M'sherry, Meredith, Montgomery, Nevin, Overfield, Pennypacker, Pollock, Purviance, Reigart, Kiter, Royer, Russell, Saeger, Scheetz, Sellers, Seltzer, Serrill, Shelito, Sill, Smyth, of Centre, Stickel, Sturdevant, Taggart, Thomas, Todd, White, Young, Sergeant, President-80.

So the question was determined in the negative.

A motion was made by Mr. READ, of Susquehanna, to amend the said section by striking therefrom the word "three," where it occurs in the first line, and inserting in lieu thereof the word "four;" and by striking therefrom all after the word "election," in the second line, and inserting in lieu thereof the words as follows, viz: but shall not be re-eligible.

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Mr. READ explained, that the effect of his amendment, if adopted, would be, after the first term, to render the governor ineligible.

The reasons for this were, first, to take away from the governor every motive of action but the public good; and secondly, to prevent party feeling from throwing any obstructions in the way of his measures. these two reasons, he would rest his amendment, merely asking for the question to be taken by yeas and nays.

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