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by lot into five classes. The commission of the first class shall be vacated on the expiration of the term of three years after the adoption of the amendments to the constitution; of the second class, on the expiration of six years after said adoption; of the third class, on the expiration of nine years after such adoption; of the fourth class. on the expira tion of twelve years after such adoption; and of the fifth class, on the expiration of fifteen years after such adoption. The number of the classes shall be ascertained in the following manner:-The names of the said judges shall be written upon small slips or pieces of paper, which shall be folded or rolled up, so that the names shall not appear without unfolding thereof, and such slips or pieces of paper shall thereupon be deposited in a box by the president of the convention, and the said slips or pieces of paper shall be drawn from the said box in the presence of the convention, by a committee to be appointed for that purpose; the name first drawn, shall be of the first class; the name secondly drawn, shall be of the second class; the name thirdly drawn, shall be of the third class; the name fourthly drawn, shall be of the fourth class; and the name fifthly drawn, shall be of the fifth class. After the classes shall have been thus ascertained, it shall be the duty of the president and secretary of the convention to certify the result, which certificate shall be deposited in the office of the secretary of the commonwealth, and shall be received as conclusive evidence of the subject matter to which it relates.

"SECT. 8. The president judges of the several judicial districts of this commonwealth, and the associate judges of the first district, shall be divided by lot into five classes. The commissions of the first class shall be vacated on the expiration of two years after the adoption of the amendments to the constitution; of the second class, on the expiration of four years after such adoption; of the third class, on the expiration of six years after such adoption; of the fourth class, eight years after such adoption; and of the fifth class, in ten years after such adoption. The number of each class shall be determined in the following manner :The name of each judge shall be written upon a slip or piece of paper, which shall be folded or rolled up, so that the name shall not appear without unfolding thereof, and the said slips or pieces of paper shall thereupon be deposited in a box by the president of the convention, and drawn from such box, in the presence of the convention, by a committee to be appointed for that purpose; the four names first drawn, shall be the first class; the four names secondly drawn, shall be the second class ; the four names thirdly drawn, shall be the third class; the four names fourthly drawn, shall be the fourth class; and the five names fifthly drawn, shall be the fifth class. After the classes have been thus ascertained, it shall be the duty of the president and secretary of the convention to certify the result, which certificates shall be deposited in the office of the secretary of the commonwealth, and shall be received as conclusive evidence of the subject matter to which it relates."

Mr. CURLL, of Armstrong, moved that the convention do now adjourn. Mr. INGERSOLL, of Philadelphia, asked for the yeas and nays; which were not ordered.

So the convention refused to adjourn.

Mr. BEDFORD, of Luzerne, demanded the immediate question; which was sustained.

The main question was then ordered to be put.

And Mr. BELL asked for the yeas and nays, which being taken, the amendment was negatived-yeas 5, nays 95.

YEAS-Messrs. Bell, Ingersoll, Meredith, Stevens, Weidman-5.

NAYS-Messrs. Agnew, Banks, Barclay, Barndollar, Barnitz, Bedford, Biddle, Bigelow, Bonham, Brown, of Northampton, Brown, of Philadelphia, Butler, Carey, Chambers, Chandler, of Chester, Chandler, of Philadelphia, Clarke, of Beaver, Clark, of Dauphin, Clarke, of Indiana, Cline, Coates, Crain, Crawford, Crum, Cummin, Curll, Darlington, Darrah, Denny, Dickey, Dillinger, Donagan, Donnell, Earl, Foulkrod, Fry, Fuller, Gamble, Gearhart, Gilmore, Grenell, Harris, Hastings, Hayhurst, Hays, Helffenstein, Henderson, of Dauphin, Hiester, High, Houpt, Hyde, Jenks, Keim, Kennedy, Konigmacher, Krebs, Long, Lyons, Magee, Martin, M'Cahen, M'Dowell, M'Sherry, Merkel, Miller, Montgomery, Myers, Nevin, Payne, Porter, of Lancaster, Purviance, Reigart, Read, Ritter, Rogers, Royer. Russell, Scheetz, Sellers, Seltzer, Serrill, Shellito, Sill, Smith, of Columbia, Smyth, of Centre, Snively, Sterigere, Stickel, Sturdevant, Taggart, Thomas, Weaver, White, Woodward, Young-95.

Mr. STERIGERE moved to amend the amendment as modified, by adding thereto the following, viz: "The president judges of the several courts of common pleas, and associate judges of the court of common pleas of the city and county of Philadelphia, whose commissions bear date before the first day of April, one thousand eight hundred and twentyfive, shall hold their offices till the first day of April, one thousand eight hundred and forty; those whose commissions bear date after the said first day of April, one thousand eight hundred and twenty-five, and before the first day of April, one thousand eight hundred and thirty-four, shall hold their offices till the first day of April, one thousand eight hundred and forty-three; and those whose commissions bear date after the said first day of April, one thousand eight hundred and thirtyfour, shall hold their offices till the expiration of ten years from the date of their respective commissions, if they shall so long behave themselves well."

Which was disagreed to.

Mr. S. then asked for the yeas and nays.

Mr. DONNELL, of York, demanded the immediate question; which was sustained.

Mr. STERIGERE then withdrew his call for the yeas and nays.
And, it was decided that the main question should be now put.

Mr. M'CAHEN, of Philadelphia county, asked for the yeas and nays, which being taken, the amendment was agreed to-yeas 65, nays 42.

YRAS-Messrs. Banks, Barclay, Bedford, Bigelow, Bonham, Brown, of Northampton, Brown, of Philadelphia, Butler, Carey, Clarke, of Beaver, Clarke, of Indiana, Crain, Crawford Cummin, Curll, Darrah, Dillinger, Donnell, Earle, Fleming, Foulkrod, Fry, Fuler, Gamble, Gearhart, Gilmore, Grenell, Hastings, Hayhurst, Helffenstein, Hiester, High, Houpt, Hyde, Ingersoll, Keim, Kennedy, Krebs, Lyons, Magee, Martin, M'Cahen, M'Dowell, Miller, Montgomery, Myers, Nevin, Overfield, Payne, Read, Ritter, Rogers, Scheetz, Sellers, Seltzer, Shellito, Smith, of Columbia, Smyth, of Centre, Sterigere, Stickel, Sturdevant, Taggart, Weaver, Woodward, Young-65.

NAYS-Messrs. Agnew, Baldwin, Barndollar, Barnitz, Biddle, Chambers, Chandler, of Chester, Clark. of Dauphin, Cline, Coates, Crum, Darlington, Denny, Dickey, Donagan, Doran, Dunlop, Harris, Hays, Henderson, of Dauphin, Jenks, Konigmacher, Long, M'Sherry, Meredith, Merrill, Merkel, Porter, of Lancaster, Perter, of Northampton, Purviance, Reigart, Royer, Russell, Scott, Serrill, Sill, Snively, Stevens, Thomas, Todd, Weidman, Sergeant, President-42.

VOL. XIII.

M

So the question was determined in the affirmative.
And the section as amended was agreed to.

A motion was made by Mr. M'DOWELL, of Bucks,

That the convention do now adjourn;

Which was agreed to.

Adjourned until half-past nine o'clock to-morrow morning.

WEDNESDAY, FEBRUARY 21, 1838.

The PRESIDENT laid before the convention a communication from Matthew Newkirk, chairman of a committee of arrangement, inviting the members of the convention to attend a temperance festival at the Arch street theatre, on the evening of 22d instant.

Which was read and laid on the table.

Mr. COCHRAN, from the committee to prepare and engross the amendments made to the constitution on second reading for final passage, reported the following resolution, viz:

Resolved, That the following be the title of the amended constitution, viz: constitution of the commonwealth of Pennsylvania, as amended by the convention."

And on motion,

The said resolution was read a second time.

And being under consideration,

"The

Mr. SCOTT, Philadelphia, said, he did not know that we were to promulgate an entire constitution, or whether the duty presented to the convention was not to submit merely the amendments to the people. He would like a little more time to reflect on the subject.

Mr. COCHRAN suggested that the convention was required to deposit the constitution in the office of the secretary of the coinmonwealth, and that, therefore, it was necessary there should be a title to it. As a mem

ber of the committee, he had thought he would offer a title to the consideration of the convention. He saw no good cause for rejecting it. The amendments had been engrossed, and, according to the act of assembly, must be deposited in the office of the secretary of the commonwealth, and he suggested this as a title proper to be prefixed to them.

Mr. PORTER, of Northampton, took a similar view. It seemed from the act of assembly, that the amendments as engrossed are to be submitted to the people, and the amended constitution is to be filed in the secretary's office. A title therefore seems to be proper.

Mr. BROWN, of Philadelphia county, thought it should read "The constitution of 1790, as amended."

Mr. COCHRAN said the title, as it had been suggested, was easy to

be understood. He did not see that it was necessary to be more particular. The sixth section of the act of assembly says "when the amendments shall have been agreed upon by the convention, the constitution, as amended, shall be engrossed and signed by the officers and members thereof, and delivered to the secretary of the commonwealth, by whom, and under whose direction, it shall be entered of record,"

&c.

Mr. AGNEW, of Beaver, said he was willing to agree to the motion with one small objection, as he was a little nice concerning the phraseology. He would prefer to say "the commonwealth of Pennsylvania, as amended in 1838," because the amendments will have to be made by the people and not by the convention. The language contained in the resolution does not exactly carry out the words of the act of assembly. The action of the convention on the amendments is not definitive. It will not be a constitution until it has been adopted by the people. He hoped. that the gentleman from Lancaster would concur in these views and mod ify the resolution as suggested.

Mr. COCHRAN declined to accept the suggestion as a modification. It was true we might say the amendments must be adopted by the people, but eventually the constitution will be amended by the convention.

Mr. AGNEW then moved to amend the resolution by striking therefrom the words "by the convention of 1837," and inserting in lieu thereof the words" in the year."

The schedule (said Mr. A.) fixes the year 1839 for the constitution to go into effect, so that, in point of fact, it will be the constitution of 1839.

Mr. MEREDITH, of Philadelphia, suggested that in adopting the language of the amendment, we might be asserting what is not the fact. Perhaps the people will not adopt the amendments.

Mr. BIDDLE, of Philadelphia, said the amendment of the gentleman from Beaver placed the matter where it ought to be. If the people reject the constitution, why then all our work will go for nothing: on the other hand if they adopt it, it will stand just as it is.

The question was then taken on the motion of Mr. AGNEW, and decided in the negative-ayes 25.

Mr. BANKS, of Mifflin, did not wish to make any difficulty. Something was certainly wanting. The was a sort of interregnum between May 1837, and the time when this constitution will go into effect. He thought it should read the constitution 1837-1838.

Mr. COCHRAN accepted this modification, and modified it so as to read "of 1837-1838."

Mr. STERIGERE, of Montgomery, said the modification made the resolution worse than it was before, and moved to amend it, by striking therefrom the words "by the convention of 1837," and inserting in lieu thereof the words "in the year 1838."

Mr. AGNEW demanded the yeas and nays on this motion, and they were ordered accordingly.

Mr. COCHRAN hoped the report of the committee would be agreed to. We were required to deposit the constitution as amended in the office of the secretary of the commonwealth, with the signatures of the officers and

members. If the people reject the amendments, this formality will be nothing. If they adopt them, it will be evidence of the authenticity of document.

Mr. BIDDLE, of Philadelphia said, that he was very sorry to disagree with the gentleman who had offered this amendment. But, what were the facts? The people had chosen the members of this convention to prepare and submit amendments for their consideration; and if they were approved of in 1838, the act would be consummated by them. We were entirely beyond their consideration; and the people who were subsequently to be governed by that constitution, had shortly to decide whether or not they would adopt it. This convention having prepared it would give it no efficiency whatever. That fact would not weigh a feather with them; but the act of the people would make it obligatory. There was an analogy that would make this matter quite clear: Suppose a man to get a learned gentleman to prepare an instrument, and to express his desire that he should put his name on the back of it, would that gentleman write on it, "drawn by the learned Mr. A"? or, would he not write these words" articles of agreement between A and B"? And, supposing the constitution to be adopted-what was the name? It was the instrument which was to live-to have a name. What name should we give it? Why-"The constitution of Pennsylvania as amended in 1838." Would not that, he asked, be state of the case as in accordance with the fact? Would it not be the constitution of Pennsylvania as amended in 1838? It was a small matter, but names were sometimes things. It was due from us that we should put things in their proper form, and right that we should call things by their right. names. What signified-what importance was it, that we stated these amendments to be the result of our labors? If the people adopted it, It became their act, and therefore it should be called "The constitution of Pennsylvania as amended in 1838."

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Mr. HIESTER, of Lancaster, said that when the proposed title was first reported, he saw no objection to it. Since, however, he had heard the different explanations given in respect to it by the gentleman from the city of Philadelphia, (Mr. Biddle) and others, he had been induced to change his mind. What, he inquired, was the language of the report of the committee? Why, it was the constitution as amended in convention." Now, that was not the fact, because it required the concurrent action of the people before it could become so. Besides, the convention does not amend, it only proposes amendments. He most cordially agreed with the gentleman from Philadelphia, (Mr. Biddle) who said that names were sometimes things. There seemed to his (Mr. H's.) mind great propriety in the modification proposed by delegate from Montgomery, (Mr. Sterigere.) I met the case exactly-for, it was the constitution as amended in 1838. He hoped, therefore, that it would be adopted.

The question was taken on the adoption of the amendment, and it was negatived-yeas 41; nays 64.

YEAS-Messrs. Agnew, Biddle, Brown, of Northampton, Brown, of Philadelphia, Chandler, of Philadelphia, Cope, Cox, Crum, Darlington, Dickey, Dillinger, Doran, Earle, Fry, Gamble, Harris, Hastings, Hays, Henderson, of Dauphin, Hiester, Hopkinson, Ingersoll, Kennedy, Konigmacher, Long, M'Cahen, M’Dowell, Merrill, Merkel, Montgomery, Overfield, Porter, of Lancaster, Royer, Sellers, Serrill, Snively, Sterigere, Todd, White, Woodward, Young-41.

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