had just stated, that no time was fixed by his amendment, for holding the elections for determining the number of these officers. If the gentleman would turn to the amendment, he would find that provision is there made by which the whole matter is to be regulated by law, as well as the mode of election for determining the number as the mode of election of the officers. Another objection had been urged against this amendment, by the gentleman from Butler, (Mr. PURVIANCE) which was, that the citizens of each ward, borough, and township, would experience a great difficulty in ascertaining and determining how many Justices of the Peace and AÍdermen ought to be elected. The gentleman states, that one person will want one number, and another, another number, and, that there will be great difficulty in agreeing to any particular number of these officers.Now, he apprehended, that there would be no more difficulty in determining the number of Justices of the Peace required in a township, than in determining the number of officers required by this Convention. It seemed to him when gentlemen came to look into the matter, that all difficulties would vanish. If it would be impossible to determine the number of officers required in a township, it would be impossible here to determine on the number of officers required by the Convention. As to the details alluded to by the gentleman from Susquehanna, it would be found upon a reference to the amendment itself, that they were to be provided for by law.

Mr. CUMMIN could not see why there should be any limitation put upon the number of Justices of the Peace which might be required in a township; as the people were the best judges in the case. They were the best judges of their own wants, and the best regulators of their own local affairs. He lived in a township, which was but a small township to be sure, it being only fourteen or fifteen miles long, but what would be its situation, and how would its business be done, if it was allowed but one Magistrate? It would be utterly impracticable to get along with but one Magistrate in a township. The least number that should be thought of for his township was two, and then it should be left with the people to say whether that number was sufficient. The next township to him was a large township, and would require three at least. Then, he took it, that there was no better way of determining this matter than by leaving it to the people of each township to decide among themselves. He believed the amendment of the gentleman from Philadelphia county, would have the effect to destroy the rights and privileges of the people of the different wards, boroughs and townships. As to the term of office of these officers, he was for reducing it from the time proposed in the amendment. He thought five years to be entirely too long; three years was long enough.A great deal had been said about the want of capacity and respectability of these officers, and the manner in which they administer justice. He himself, knew much of the abuses practiced by these officers, and some of it was altogether unfit to be placed upon record; but he apprehended, that this crying evil would be corrected when their election is placed in the hands of the people. The people will know who in each township will make the best officers, and they will make such selection as will do honor to themselves, and a great service to the public. He believed two Magistrates would be enough in the township in which he resided; but in another township in that county, four would be required, therefore the number

should have to vote against the whole section, because he considered five years too great a length of time for these officers to hold their offices.Two years would please him better, but he would agree to three years, as he thought that time would prove satisfactory to the people. He should not now go into this question further, reserving to hiraself the right, however, to express his opinions more fully on second reading, provided the proposition was not made to conform to his wishes.

Mr. SILL hoped, that this restriction would not be imposed upon the people of the country. It was his opinion, if this amendment prevailed, that it would go more to restrict the liberties, and effect the rights of the people of this Commonwealth, than any other amendments. It appeared to him, that it was altogether unnecessary to make these restrictions, as he thought the people were the best judges of this matter. When we are acting upon a matter of this kind, we should take into consideration the manner of doing business in the several townships and boroughs. In some boroughs, it was the practice of the people to do all their business for several of the adjoining townships, so that more Justices would be wanting in these boroughs, than in a single township. This was the case in the borough of Erie. The people of the adjoining townships all came into the borough to transact their business, so that there it would be necessary to have an increase in the number of Justices of the Peace; while in those adjoining townships it would scarcely be necessary to appoint one. His own opinion was, that the matter had better be left altogether to the people, or altogether to the Legislature, so that they might regulate and prescribe the number. It was perhaps, not very important, which of these modes was fixed upon, but he should be in favor of adopting one of them.

The vote being taken, the amendment of Mr. BROWN was negatived. Mr. CLARKE, of Indiana, said, we had been placed in rather a delicate situation, in relation to this matter. We have been here contending for a great radical principle, the limitation of the tenure of the offices of the Magistrates, and connected with that, we have another principle, giving their election to the people. Then again, we have another question to be taken with it, as to how many we will have in each borough, township, and ward. He was, for his part, decidedly in favor of limiting the tenure of office, and he was for giving the election to the people; but as to this matter, of the regulation of the number required in each township, it had struck him from the first, that the better plan was to leave the Legislature to fix it, and decide on the number. The report of the committee, as amended, left the selection of the number of Magistrates with the people, which he did not think the most proper and convenient mode, but he did not like to vote against it, because it would then go upon the record that he voted against the whole thing, and against that for which we have been so long contending the limitation in the tenure of office, and giving the election to the people. But he had a dislike to vote against it on another account. We are now at the end of our session, and our minds are not in a proper condition to consider this matter, and if we voted down this amendment, it would open up the whole question, and he did not know where it would end. Now, he thought there was a way of getting at this question without risk. He thought it would be most judicious for the gentleman from Susquehanna, to offer his proposition as an amendment to the report of the committee-not to strike it out, but to attach it to it as an

amendment. It is true, there would be a discrepancy between the two, but according to the rule, it would not be competent for the Chair to decide it out of order. Then, if the majority of the Convention were favorable to the proposition of the gentleman from Susquehanna, they will vote for it; and when it comes up on second reading, a division of the question can be called, and one part of the report can be rejected, and the other part adopted. By this means, we will be holding on to one thing until we get another. He wished to have hold of the latter proposition with the one hand, before he let go the former with the other. He was fearful that if we voted down this report, that the whole subject would be opened up, and that in the few days we have yet to sit, we will be able to get nothing done. It seemed to him, that if we were to take this course, that it would be perfectly safe, and that we would get at the question without difficulty. He did not know how this course of proceeding would suit other gentlemen, but it appeared to him to be the best that we could adopt, under all the circumstances.

Mr. READ said, if he had supposed that there was not two to one in favor of the elective principle, he never should have moved a reconsideration; and the gentleman from Indiana must see, that that same majority which will reject the report of the committee, can adopt a substitute. He would not vote against the elective principle contained in this report, if he thought there was any danger of not being able to carry it in some other form. There could, by no possibility, be the least danger in the course he proposed pursuing, because it would always be in the power of the majority to adopt a substitute, whenever they saw proper. He could not adopt the suggestion of the gentleman from Indiana, because it would be placing himself upon the record in a ridiculous point of view. The two propositions would be incongruous and inconsistent, and it would be entirely out of the question for him to think of moving the one as an amendment to the other. He thought, considering the large majority which we have here, in favor of the elective principle, that the gentleman need not have any fears in voting against this proposition. As there was not the least danger in it, he hoped the report of the committee would now be voted down without delay.

Mr. SHELLITO Could see no reason why the subject should not be let rest, until we meet again. It could not be expected that now, at the end of our labors, we would open up and go into this subject anew. If there is any thing wrong in the report, we can alter it hereafter. There could be no benefit expected to be derived from the changing of this proposition now, and he should therefore vote for the report of the committee as it stands, and not vote to open up a question, which we may not be able to dispose of during our present session. He hoped, therefore, that the report of the committee would be adopted.

The question was then taken on agreeing to the report of the committee, as amended, when it was decided-yeas, 52: nays, 56-as follows:

YEAS-Messrs. Banks, Bedford, Brown, of Lancaster, Brown, of Northampton, Brown of Philadelphia, Clarke, of Indiana, Cochran, Craig, Crain, Cummin, Curll, Darrah Dickey, Dillinger, Donnell, Doran, Dunlop, Fuller, Harris, Hastings, Helffenstein, High, Houpt, Hyde, Keim, Kennedy, Kerr, Krebs, Magee, M'Cahen, M'Call, Merrill, Miller, Montgomery, Nevin, Overfield, Porter, of Northampton,Purviance, Ritter, Rogers, Saeger, Sellers, Seltzer, Serrill, Scheetz, Shellito, Sill, Smyth, Stickel, Swetland, Taggart,

NAYS-Messrs. Agnew, Ayres, Barclay, Barndollar, Barnitz, Bayne, Bell, Biddle, Carey, Chambers, Chandler, of Chester, Chandler, of Philadelphia, Chauncey, Clapp, Clarke, of Beaver, Clark, of Dauphin, Cline, Cope, Crum, Cunningham, Darlington, Denny, Earle, Farrelly, Fleming, Fry, Gamble, Gearhart, Gilmore, Grenell, Hayhurst, Henderson, of Dauphin, Hiester, Hopkinson, Ingersoll, Jenks, Konigmacher, Long, Maclay, M'Sherry, Meredith, Merkel, Pennypacker, Porter, of Lancaster, Reigart, Read, Russell, Scott, Snively, Sterigere, Stevens, Thomas, Weaver, Weidman, Young, Sergeant, President-56.

Mr. READ then submited the following new section, to be called “Section 3":

"Aldermen and Justices of the Peace shall be elected in the several wards, boroughs, and townships, for a term of five years. Until the number shall be otherwise directed by law, one person shall be elected in each ward, borough, and township. Aldermen shall be elected at the time of election of assessors; Justices shall be elected at the time of election of constables."

Mr. KONIGMACHER then moved to amend the amendment of Mr. READ, by striking it out, and inserting:

"The Governor shall appoint such number of Justices of the Peace and Aldermen, in the respective townships, wards, and boroughs, as are or shall be directed by law. They shall be commissioned for the term of seven years; but may be removed on conviction of misbehavior in office, or of any infamous crime, or on the address of both Houses of the Legislature."

The committee then rose, and obtained leave to sit again to-morrow. Mr. OVERFIELD then moved, that when the Convention adjourn, it will adjourn to meet again to-morrow morning at nine o'clock, and that the afternoon sessions be dispensed with, for the remainder of the session. The above motion was agreed to; when The Convention adjourned.

WEDNESDAY, JULY 12, 1837.

The PRESIDENT laid before the Convention, the following com nunication from LEVI HOLLINGSWORTH, Clerk of the Common Council of the city of Philadelphia, and resolutions of the Select and Common Councils of that city, which, on motion of Mr. ScoTT, were refered to the committee appointed to ascertain and report the most eligible place for the meeting of the Convention on the 17th of October next. "COMMON COUNCIL CHAMBER, 10,

Hon. JOHN SERGEANT,

President of the Convention: SIR:-At a meeting of the Councils of the city of Philadelphia, held this day, in the City Hall, the enclosed preamble and resolutions were unanimously adopted, and directed to be transmited to you, for the pur pose of being laid before the body over which you preзide.

I am, very respectfully,

Your obedient servant,

LEVI HOLLINGSWORTH,

Whereas, Information has been received from Harrisburg, that the Convention, now sitting at that place, for the amendment of the State Constitution, have determined to adjourn on the 14th instant, and to re assemble next autumn, at some place hereafter to be designated; and the constituted authorities of the city of Philadelphia believing that the great object of the said Convention and the personal comfort of its members would be promoted by the selection of the city of Philadelphia; therefore,

Resolved, By the Select and Common Councils, that the Hall of Independence, or such other building as may be selected by the Convention, be respectfully offered for their use, at the expense of the corporation; and that the committe on city property be authorized to make all necessary arrangements for their accommodation.

Resolved, That a copy of the foregoing preamble and resolution he signed by the Presidents of Councils and transmited to the President of the Convention.

WM. RAWLE,

President of Common Council. HENRY J. WILLIAMS, President Select Council, pro. tem.

Mr. CLARK, of Dauphin, presented the following communication from the Board of Commissioners of Dauphin county; also, the following resolution of the Town Council of the borough of Harrisburg, and letter from JOHN C. BUCHER, President of the vestry of the German Reformed Church of Harrisburg, which were refered to the same committee:

Present,

COMMISSIONER'S OFFICE, DAUPHIN COUNTY, 2 July 12, 1837, 7 o'clock, A. M. Š Pursuant to special notice, a Board of Commissioners met. Messrs. BERRYHILL, and WHITLEY. On motion, Mr. BERRYHILL presented the following preamble and resolution, which were read, and unanimously adopted.

Whereas, It is understood that a committee has been appointed to select an eligible house for the accommodation of the State Convention, when it shall again meet on the 17th of October next; and, whereas, it is an interest to the citizens of Dauphin county to have the Convention to sit at Harrisburg, during its sessions and deliberations, in proposing amendments to the Constitution of the State; therefore,

Resolved, That the use of either the lower or upper court room in the Court House, at Harrisburg, with the adjoining apartments, ready fitted up, be, and is hereby respectfully tendered to the State Convention, now in session at Harrisburg, for the use of that body, to hold its future sessions in.

On motion of Mr. WHITLEY,

Ordered, unanimously. That the Clerk deliver a copy of the foregoing preamble and resolution to the Hon. WILLIAM CLARK, and WILLIAM HENDERSON, our delegates in said Convention, who are hereby respectfully requested to present them to the Convention aforesaid.

Extract from the minutes.

HENRY PEFFER, Clerk to Commissioners of Dauphin county. COUNCIL CHAMBER, July 12, 1837.

Resolved, By the Town Council of the borough of Harrisburg, that they will, conjointly with the Commissioners of Dauphin county, fit up the Court House, or any other place, that they may designate, for the reception of the Convention now sitting to amend the Constitution of the State, and which is to adjourn on the 14th instant, to meet again on the 17th of October next, should they determine to meet on that day, at the borough of Harrisburg,

Test-Joan HOUSER, Town Clerk,

ROBERT HARRIS, President Town Council.

I certify the above to be a true extract from the minutes of the Town Council of the borough of Harrisburg.

JOHN HOUSER, Town Clerk,