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1. That all laws of this Commonwealth, in force at the time of making the said alterations and amendments in the said Constitution, and not inconsistent therewith; and all rights actions, prosecutions, claims, and contracts, as well of individuals as of bodies corpor,ate, shall continue as if the said alterations and amendments had not been made.
2. That the present Governor shall continue to exercise the Executive authority of this Commonwealth, as heretofore, until the first Tuesday of January, eighteen hundred and thirty-nine.
3. That all officers in the appointment of the Executive department, shall continue to be appointable, and shall exercise the duties of their respective offices, agreeably to the Constitution of one thousand seven hundred and ninety, until the officers directed to be elected or appointed under these amendments, shall be duly qualified, unless their commissions shall sooner expire by their own limitations, or the said offices become vacant by death or resignation, and no longer, unless re-appointed and commissioned by the Governor. Except that the Judges of the Supreme Court shall hold their offices for the terms in their commissions respectively expressed.
4. That justice shall be administered in the several counties of the State, until the period aforesaid, by the same Justices, in the same courts, and in the same manner as heretofore.
5. That no person now, in commission as Sheriff, shall be eligible at the next election for a longer term than will, with the time which he shall have served in the said office, complete the term of three years.
6. That until the first enumeration shall be made, us directed in the fourth section of the first article of the Constitution, established by this Convention, the city of Philadelphia and the several counties, shall be respectively entitled to elect the same number of Senators and Representatives, as is now prescribed by law.
7. The commissions of the President, and other Judges learned in the law, now in commission, who shall then have been ten years, or more, in office, shall expire on the first of July, one thousand eight hundred and forty, and of those who shall not then have been so long in commission, at the expiration of ten years from their respective appointments.
8. That the first election of Governor, Senators, and Representatives, under these amendments, shall take place on the third Tuesday of October, A. D., one thousand eight hundred and thirty-eight.
9. That the first election of Prothonotaries, Clerks, Registers, Recorders, and Associate Judges, shall take place at the same time.
10. I hat, until otherwise directed by law, two Justices of the Peace shall be elected in each borough, ward, or township, on the day appointed by law for electing Constables, except in the city of Philadelphia.
11. Until otherwise directed by law, the county officers shall be as follows:
In the city of Philadelphia, the Clerkship of the Mayor's Court, shall be filled by one person.
In the city and county of Philadelphia, the respective offices of Prothonotary of the Common Pleas, the Prothonotary of the District Court
, the Clerk of the Court of Quarter Sessions, the Clerk of the Orphans' Court, the Register of wills, the Recorder of deeds, shall each be filled by one person, and the Clerk of Quarter Sessions shall be exofficio Clerk of the Oyer and Terminer.
[The remaining counties are left in blank in the resolution,]
Mr. PORTER explained, that the amendments proposed, did not altogether meet his wishes, but it was very evident that nothing could be done, unless by mutual concessions of opinion. He had drawn
proposition in that spirit—it contained no new matter, and he thought its adoption would have an effect in shortening our labors.
Mr. STERIGERE thought there were some new matters introduced into the resolution; or, at least, some which were at variance with the decisions of the Convention. He thought the best course would be, instead of printing these propositions, to refer them to a select committee, without printing. He moved to refer this resolution, together with that offered by
the gentleman from Adams (Mr. STEVENS) on Saturday, to a select com. mittee, without printing.
The PRESIDENT said, there was a rule of the Convention under which all these propositions are printed.
Mr. STERIGERE moved to dispense with the rule.
Mr. Porter said, the gentleman from Montgomery had offered to the Convention a whole Constitution, which was printed, while what he (Mr. P.) had offered, was comparatively short.
Mr. STEKIGERE hoped the gentleman from Northampton would move for a select committee, and to enable him to do so, he would withdraw his motion.
Mr. PORTER Moved a reference of the resolution to a select committee. The PRESIDENT decided the motion to be out of order.
Mr. MEREDITH; On the second reading, the gentleman from Northampton would have an opportunity to make his propositions and amendments.
Mr. PORTER acquiesced in this suggestion.
Mr. FORWARD saw no reason why the resolution should not be printed. He wished to have an opportunity to examine the proposition.
Mr. Brown, of Philadelphia, said he would not make any particular objection to the printing, although it was printing the same thing over again. But, if gentlemen were to bring in Constitutions in this way, and have them printed, he would himself bring a whole Constitution before the Convention to-morrow.
Mr. OVERFIELD, of Monroe, submited the following resolution: “Resolved, Tha: this Convention adjourn on the 14th of July, to meet again on the 16th day of October next, in this place”.
The resolution being taken up for consideration, and the question being on the second reading,
Mr. Doran asked for the yeas and nays on this question, and they were ordered.
The question was then taken on the second reading of the resolution, and decided in the affirmative, as follows, viz:
YEAS-Messrs. Agnew, Baldwin, Barclay, Barndollar, Brown, of Philadelphia, Carey, Chambers, Chandler, of Chester, Chauncey, Clark, of Dauphin, Cleavinger, Cline, Crum, Cummin, Curll, Darlington, Denny, Dickerson, Dillinger, Dunlop, Forward, Foulkrod, Fry, Fuller, Gamble, Gearhart, Grenell, Hastings, ITenderson, of Allegheny, Henderson, of Dauphin, Hopkinson, Houpt, Hyde, Jenks, Kennedy, Konigmacher, Krebs, Maclay, Mann, Martin, M'Call, M’Dowell, Meredith, Overfield, Pennypacker, Pollock, Porter, of Nothampton, Riter, Rogers, Russell, Saeger, Scott, Sellers, Serrill, Scheetz, Sill, Smith, Snively, Stevens, Swetland, Taggart, Thomas, Todd, Sergeant, President-64.
Nays_Messrs. Bayne, Bonham, Brown, of Northampton, Butler, Clarke, of Beaver, Clarke, of Indiana, Cochran, Crain, Darrah, Donnell, Doran, Earle, Farrelly, Fleming, Gilmore, Hayhurst, Helfenstein, Hiester, Keim, Kerr, M'Sherry, Merkel, Miller, Montgomery, Myers, Nevin, Purviance, Read, Ritter, Shellito, Smyth, Sterigere, Stickel, Young -34. The resolution was then read a second time.
Mr. HIESTER, of Lancaster, moved to amend the resolution by striking out all after the word “resolved", and inserting as follows: "That when the Convention adjourns, it adjourn to meet at 9 o'clock on Wednesday
Mr. HIESTER called for the yeas and nays on his motion, and they were ordered.
The question was taken on the amendment of Mr. HIESTER, and decided in the negative, by the following vote, viz;
YEAS—Messrs. Agnew, Bayne, Brown, of Northampton, Butler, Clarke, of Beaver, Clarke, of Indiana, Cummin, Darrah, Donnell, Doran, Earle, Fleming, Gamble, Hayhurst, Helffenstein, Hiester, Keim, Konigmacher, Myers, Read, Ritter, Shellito, Smyth, Sterigere, Stickel-25.
Nays-Messrs. Baldwin, Barclay, Barndollar, Bonham, Brown, of Philadelphia, Carey, Chambers, Chandler, of Chester, Chauncy, Clark, of Dauphin, Cleavinger, Cline, Cochran, Crain, Crum, Curll, Darlington, Denny, Dickerson, Dillinger, Dunlop, Farrelly, Forward, Foulkrod, Fry, Fuller, Gearhart, Gilmore, Grenell, Hastings, Henderson, of Allegheny, Hopkinson, Houpt, Hyde, Jenks, Kennedy, Kerr, Krebs, Maclay, Mann, M'Call, M’Dowell
, M’Sherry, Meredith, Merkel, Miller, Montgomery, Nevin, Overfield, Pennypacker, Pollock, Porter, of Northampton, Purviance, Riter, Rogers, Russell, Saeger, Scott, Sellers, Serrill, Scheetz, Sill, Smith, Snively, Stevens, Swetland, Taggart Thomas, Todd, Weidman, Sergeant, President—69.
Mr. STEVENS, of Adams, moved to amend the resolution, by striking out the word “fourteenth”, and inserting the word “ fifteenth”, and striking out the words “ sixteenth of October”, and inserting in lieu thereof, the words “twenty-fourth of July”.
Mr. STEVENS said, it appeared to be entirely out of the question to adjourn to meet in the fall, as we should be interrupted by the meeting of the Legislature. He was opposed to any adjournment for a longer time than that which he had proposed , but, for that length of time a recess was expedient, as it would give gentlemen an opportunity for relaxation during the warm weather, and to attend to their private concerns. They ought, also, to understand each others views, that they might finish the business in a month after they returned. He suggested another reason for a recess at the time proposed. It was known that the great national ship—the Pennsylvanian-which had been so long on the stocks, was to be launched on the 18th of July, and a great number of the members wished to be there, and would be there without doubt, whether we adjourned or not. There would be a propriety, he thought, in the attendance of the whole Convention in a body upon the occasion of the launch of so noble a ship, bearing the name of the State of Pennsylvania. Congress, it would be recollected adjourned over for a day to witness the launch of the Columbia.
Mr. DARLINGTON said the object of the motion was, to kill the proposition by a side blow. The day did not meet his views, but it probably met the views of the majority as well as any other day would, and it was now very certain, that there was a majority in favor of adjourning over to some day in the fall. If, as had been objected to the proposition, the Legislature should require the Hall before we finished our session, we could go elsewhere. He would himself, if the resolution was agreed to, offer a proposition directing an inquiry whether we could have suitable accommodations in Philadelphia.
Mr. M’Dowell: I hope that the amendment will not pass. plainly what object the gentleman from Adams has in view. He wants to get all of us reformers on board of that ship, in the hope that we should never get back again.
Mr. MANN said, the subject had been discussed very fully, heretofore, at great expense of time, and he therefore demanded the previous question,
I see very
and it was required by eighteen members, viz: Messrs. Mann, Sellers,
The question being, “shall the main question be now put" ?
YEAS-Messrs. Barclay, Bonham, Brown, of Northampton, Carey, Cleavinger, Cochran, Crain, Crum, Curll, Darlington, Dickerson, Dillinger, Fry, Gilmore, Grenell, Hay. hurst, Henderson, of Allegheny, Houpt, Hyde, Jenks, Kennedy, Krebs, Maclay, Mann, Martin, M'Call, M'Dowell, Merkel, Miller, Overfield, Pennypacker, Pollock, Porter, of Northampton, Purviance, Read, Riter, Russell, Saeger, Sellers, Serrill
, Scheetz, Sill, Smith, Smyth, Snively, Stickel, Swetland, Taggart, Thomas--47.
Nars-Messrs. Agnew, Baldwin, Barndollar, Bayne, Brown, of Philadelphia, Butler, Chambers, Chandler, of Chester, Chauncey, Clarke, of Beaver, Clark, of Dauphin, Clarke, of Indiana, Cline, Cummin, Darrah, Denny, Donnell, Doran, Dunlop, Earle, Farrelly, Fleming, Forward, Foulkrod, Fuller, Gamble, Gearhart, Hastings, Helfen, stein, Henderson, of Dauphin, Hiester, Hopkinson, Keim, Kerr, Konigmacher, M'Sherry Meredith, Montgomery, Myers, Nevin, Ritter, Rogers, Scott, Shellito, Sterigere, Stevens, Todd, Weidman, Young, Sergeant, President–50.
So the Convention determined that the main question should not now
The PRESIDENT stated, that it had been the usage to consider the decision against putting the main question as defering the proposition for one day; but that rule had not been adopted here, and from what he knew of the sense of the Convention on the subject, he believed they would not sustain it. He should, therefore, decide, with the assent of the Convention, that the subject was still before them for consideration.
Mr. FULLER moved that the resolution and amendment be postponed till Friday next. He hoped that no adjournment would take place until we had gone through with the sixth article. He should be governed by that entirely as to the time of adjournment. If we could not get through that, he should be opposed to adjourning on the 14th. There was now but ninety-eight members present, and probably more would absent themselves. He doubted the propriety of continuing the session with so small a number of members, and thought it better to adjourn till fall.
Mr. FLEMING said we seemed to have a strong disposition to practice that which we condemned in the Legislature, and which we had undertaken to remedy as an evil. The Legislature was in the habit of adjourning over the holidays, and we were trying to prevent them from it, by postponing the day of meeting. But while we were acting as guides for others, we ought to avoid falling into the same error ourselves. He had hoped that the wire edge of the speech-making had been in some measure worn off. We certainly had made up our minds as to many of the questions that were to be decided, and there would be no necessity for further discussion upon such propositions. Our labors had certainly been protracted to a length unexpected by us, or by our constituents : but now, after two months' talking, and much of it in a ring, the desire for speaking had greatly subsided, and it would be highly injudicious to suffer gentlemen to go home, and whet their appetites for a second course of speeches on the same questions.
The proceedings of this day had shown us the impropriety of an adjourn
projects for a Constitution. If the proposition to adjourn was predicated on the supposition that we should adopt any of these projects, it was founded on a very great mistake. We see, by other gentlemen now, that it was their intention to offer different projects. We could arrive at no conclusion without going on with our labors in the regular track. No gentleman had suffered in his health by remaining here. Many members had gone home, attended to their private concerns, and returned. Thirtyfour now were absent, but in a few days they would all return, and another party of thirty-four would go home. In this way, gentlemen would all have an opportunity to refresh themselves, while, at the same time, the business would go on. To adjourn over, for a short time, would be attended with no special advantage to any gentleman. To adjourn over till the autumn, would be to defer the result of our labors for another year; but, if we should go on, we would complete our business, and submit the result to the people at the next election. He was perfectly willing to adjourn over the fourth of July, nor would he set here on that day if he could elude the grasp of the Sergeant-at-Arms : but he was opposed to any adjournment, either for a week or two, or till the fall.
Mr. KERR hoped, he said, that the motion to postpone would prevail ; but he would prefer a longer time. It appeared to him that the question of adjournment was one of considerable importance. It was important to the members personally, and in relation to the expenses of the Convention. Gentlemen would find that if we adjourned till the fall, it would greatly increase, and perhaps double, the expense attending the Convention. For two reasons he would wish the question to be postponed for the present ; the first was, that so many of the delegates were now absent from their seats. It was highly improper, he thought, to force this question in the absence of so many delegates, who were necessarily greatly interested in it, as well as the State at large. The people would have the impression that we took the advantage of the absence of those members to force an adjournment. The next reason was, that, as it appeared to him, we were about coming to a plan by which we should be enabled to get the whole business through in a short time. He alluded to the propositions this morning offered by the gentlemen from Adams and Northampton, and which had been ordered to be printed. There was a strong probability that some such plan would be agreed to. If the resolutions were refered to a select committee, and they should make such a report as would be satisfactory to a majority, we would, in a few days, come to some conclusion. He moved to amend the amendment, so as to postpone the further consideration of the resolution till this day a week; but, at the request of Mr. FULLER, he withdrew the motion.
Mr. JENKS was in favor of the motion to postpone, for the reason that the Convention was not in a situation to act on the question to-day. But the necessity of a very early action upon it, appeared evident to him. The experience of the past week had shown the necessity of an adjournment till the fall. It had been customary to grant leave of absence to all who asked for it, and he now found that there were thirty delegates absent. He asked whether it was prudent or proper to go on with the amendments in the absence of so many members ? Did not the importance of the subject require an adjournment till some more favorable season of the year? This season was extremely unpropitious to the consideration of questions