ÆäÀÌÁö À̹ÌÁö
PDF
ePub

Mr. BIDDLE said, it was his object to place Judges Houston and Rogers on the same footing. He had always voted for giving the longest term. But now that every thing had been stricken down, he wished to put these two judges on an equality.

Mr. REIGART said, he hoped then that the motion would not be agreed to. And he would move to rescind the rule under which it becomes necessary to send the schedule again to the committee.

The CHAIR decided the motion to be out of order.

The motion of Mr. BIDDLE was then rejected.

And on the question,

Will the convention agree to the motion, viz: That the amendments made in the schedule on third reading, be referred to the committee to prepare and engross the same for the question of final passage?

It was determined in the affirmative.

The question recurring on the resolution submitted by Mr. CHANDLER, relative to the printing of the journals.

Mr. BANKS moved to postpone its further consideration for the purpose of now considering the form of the attestation of the amendments. The motion having been decided in the affirmative,

A motion was made by Mr. BANKS, and read as follows, viz:

Resolved, That in conformity with the provisions of the act of assembly which provides for the call of a convention, and that the constitution as amended be signed by the officers and members of the convention, the form of the attestation shall be as follows, and that the said signing shall be in alphabetical order: "In testimony that the foregoing is the amended constitution of Pennsylvania as agreed to in convention, we, the officers and members of the convention, have hereunto signed our names at Philadelphia, the twenty-second day of February, anno domini, one thousand eight hundred and thirtyeight, and of the independence of the United States of America the sixty-second."

Ordered to a second reading.

Mr. DORAN, of Philadelphia, moved to amend by adding “and resolv ed that the members sign the constitution in alphabetical order."

Mr. PORTER, of Northampton, said he was glad to hear that the gentleman from Mifflin, (Mr. Banks) had come to the conclusion that his (Mr. P's.) proposition was correct. He supposed it would now be adopted.

Mr. DUNLOP would suggest whether it would not be better to follow the language of the act of assembly, and say "amendments to the constitution." It seemed to him that the convention would submit amendments to the constitution, and not an amended constitution.

Mr. BELL, of Chester, hoped the language would be modified.

Mr. BANKS explained the act of assembly, and accepted the modification proposed by Mr. DORAN.

Mr. SCOTT, of Philadelphia said he would suggest a modification, if the gentleman from Mifflin would accept it.

Mr. BANKS replied that he was sorry he could not.

Mr. EARLE, of Philadelphia county remarked that if any one had any conscientious scruples to signing the constitution in the manner proposed by the gentleman from Mifflin, he would like to hear his objections. A motion was made by Mr. Scott,

To amend the said resolution by striking therefrom all after the word "order," and inserting in lieu thereof the following, viz: "In testi-.. mony that the foregoing is the amended constitution of the commonwealth of Pennsylvania, which has been agreed upon by the convention assembled under the act of the general assembly of the said commonwealth, passed on the twenty-ninth day of March, anno domini one thousand eight hundred and thirty-six, we, the delegates to and officers of the said convention, in obedience to the requisitions of the said act, have thereto affixed our names at the hall of the said convention, in the city of Philadelphia, this twenty-second day of February, in the year of our Lord one thousand eight hundred and thirty-eight."

Which was disagreed to.

And the resolution was agreed to.

On motion of Mr. CHANDLER, of Philadelphia,

1

The convention resumed the consideration of the resolution read this morning, as follows, viz:

Resolved, That the price of printing the journals of this convention shall be as follows, viz: To Thompson and Clark, printers of the English Journal, thirty dollars per sheet, and to Joseph Ehrenfried, printer of the German Journal, thirty dollars.

And on the question,

Will the convention agree to the resolution?

The yeas and nays were required by Mr. SMYTH, of Centre, and Mr. CURLL, and are as follows, viz:

YEAS.-Messrs. Agnew, Baldwin, Barndollar, Barnitz, Biddle, Brown, of Lancaster, Carey, Chambers, Chandler, of Philadelphia, Chauncey, Clapp, Clarke, of Beaver, Clark, of Dauphin, Cline, Coates, Cope, Cox. Crum, Cunningham, Darlington, Denny, Dickey, Dickerson, Forward, Hays, Henderson, of Dauphin, Hopkinson, Houpt, Jenks, Kerr, Konigmacher, Long, M'Dowell, M'sherry, Meredith, Merrill, Montgomery, Porter, of Lancaster, Purviance, Reigart, Russell, Serrill, Sill, Sturdevant, Todd, Weidman, White, Young, Sergeant, President-49.

NAYS-Messrs. Banks, Bedford, Bigelow, Bonham, Brown, of Northampton, Butler, Clarke of Indiana, Crain, Crawford, Cummin, Curll, Darrah, Dillinger, Donnell, Dunlop, Earle, Fleming, Foulkrod, Fry, Fuller, Gamble, Gearhart, Grenell, Harris, Hastings, Hayhurst, Helffenstein, Hiester, High, Hyde, Ingersoll, Keim, Kennedy, Krebs, Lyons, Magee, Martin, M'Cahen, Merkel, Miller, Myers, Nevin, Overfield, Porter, of Northampton, Read, Ritter, Rogers, Scheetz, Sellers, Seltzer, Shellito, Smith, of Columbia, Smyth, of Centre, Snively, Stickel, Taggart, Weaver, Woodward.-58.

So the question was determined in the negative.

A motion was made by Mr. M'SHERRY, and read as follows, viz: Resolved, That the thanks of this convention are due to the Hon. John Sergeant, for the able manner in which he has discharged the difficult duties which devolved on him as the president of this convention.

Laid on the table.

On motion of Mr. DORAN, [ayes 45, noes 48,]

The convention adjourned until half past three o'clock this afternoon.

J

THURSDAY AFTERNOON, FEBRUARY 22.

A motion was made by Mr. M'SHERRY,

That the convention proceed to the second reading and consideration consideration of the resolution read this morning, as follows, viz:

Resolved, That the thanks of this convention are due to the Hon. JOHN SERGEANT for the able manner in which he has discharged the difficult duties which devolved on him as the president of this convention.

Which was agreed to.

The said resolution being under consideration,

After some debate, in which Messrs. BROWN, M'CAHEN, Bell, BidDLE, DORAN, Porter, Fuller, CUMMIN, SCOTT, MARTIN, CUNNINGHAM, and STERIGERE, took part,

Mr. BELL, of Chester, moved the previous question; which was sustained.

And on the question,

Shall the main question be now put?

It was determined in the affirmative.

And on the question,

Will the convention agree to the resolution?

The veas and nays were required by Mr. MILLER and Mr. Curll, and are as follow, viz:

YEAS-Messrs. Agnew, Ayres, Baldwin, Barndollar, Barnitz, Bell, Biddle, Butler, Carey, Chambers, Chandler, of Chester, Chandler, of Philadelphia, Chauncey, Clapp, Clarke, of Beaver, Clark, of Dauphin, Cline, Coates, Cochran, Cope, Cox, Craig, Crawford, Crum, Cummin, Cunningham, Darlington, Denny, Dickey, Dickerson, Donagan, Doran, Dunlop, Farrelly, Fleming, Forward, Harris, Hays, Helffenstein, Henderson, of Allgheeny, Henderson, of Dauphin, Hiester, Hopkinson, Houpt, Jenks, Kerr, Konigmacher, Long, Lyons, M'Dowell, M'Sherry, Meredith, Merrill, Merkel, Montgomery, Nevin, Payne, Pennypacker, Porter, of Lancaster, Porter, of Northampton. Purviance, Reigart, Royer, Russell, Scott, Seltzer, Serrill, Sill, Snively, Sturdevant, Thomas, Todd, Weidman, White, Young-75.

NAYS-Messrs. Bigelow, Brown, of Northampton, Brown, of Philadelphia, Curll, Darrah, Dillinger, Donne 1, Gilmore, Hayhurst, High, Keim, Kennedy, Krebs, Martin, M'Cahen, Miller, Myers, Overfield, Read, Ritter, Sellers, Shellito, Smyth, of Centre, Weaver-24.

So the question was determined in the affirmative.

A motion was made by Mr. FULLER, and read as follows, viz :

Resolved, That the secretary of the commonwealth be directed to receive the signatures of the absent members of this convention to the amended constitution, who may not have signed their names thereto.

And on motion,

The resolution was read a second time, considered and adopted.

A motion was made by Mr. REIGART, and read as follows, viz:

Resolved. That the thanks of this convention are due to the corporation of the city of Philadelphia, for the superior accommodations afforded to this body."

[ocr errors]

And on motion,

The resolution was read the second time, considered, and adopted.

Mr. COCHRAN, from the committee appointed to prepare the amend. ments to the constitution, for the question of final passage, reported the amendments made in the schedule as engrossed.

Mr. COCHRAN moved that the amendments made in the schedule be authenticated by the president and secretary, in like manner, as the amendments to the constitution were authenticated.

Which was agreed to.

On motion of Mr. WOODWARD,

The schedule was read the third time and agreed to.

A motion was made by Mr. CHANDLER, of Philadelphia, and read as follows, viz:

Resolved, That the thanks of this convention be tendered to the reverend clergymen, who have opened the sittings of this convention with prayer, during its session in this city.

And on motion,

The said resolution was read the second time, considered, and adopted. A motion was made by Mr. PORTER, of Northampton, and read as follows, viz:

Resolved, That the secretary be ordered to forward to the members of this convention, the remaining sheets of the Journal, and that the postage thereof be paid as part of the contingent expenses.

And on motion,

The said resolution was read the second time, considered, and adopted. A motion was made by Mr. CURLL, and read as follows, viz:

WHEREAS, There appears to be no specific provision made for the purpose of paying for the printing of the constitution of 1790, and the amendments made thereto by this convention, to be forwarded equally to each of the members, for distribution among their constituents. Therefore,

Reoslved, That the secretary of the convention be, and he is hereby required to pay the accompanying bill, together with all the reasonable incidental expenses attending the putting up and forwarding to the post offices designated to be nearest to each delegate, and render his bill to the accounting officers of this commonwealth for final settlement and payment.

PHILADELPHIA, February 22, 1838. Convention to amend the Constitution of State of Pennsylvania, (per order of committee on printing Constitution.)

To JOHN C. CLARK, Dr. For printing 12,000 copies of old and new constitution, in parallel columns, twelve forms super-royal octavo, including paper, folding,

[ocr errors]

&c.
And on motion,

$288 00

The said resolution was read the second time, considered, and adopted. Mr. COPE, from the committee on accounts, reported the following resolution, viz:

Resolved, That the president draw his warrant on the state treasurer, in favor of Samuel Shoch, for the sum of twelve hundred dollars, to be accounted for in the settlement of his accounts.

[ocr errors]

And on motion,

The said resolution was read the second time..

And being under consideration,

A motion was made by Mr. DArlington,

To amend the said resolution by striking therefrom the word "twelve," and inserting in lieu thereof the word "seventeen.'

[blocks in formation]
[ocr errors]

A motion was made by Mr. FLEMING, and read as follows, viz:

Resolved, That the thanks of this convention are due to Samuel Shoch, Esq., secretary, and George L. Fauss and Joseph Williams, assistant secretaries, for the efficient and faithful manner in which they have performed the duties of their offices.

And on motion,

The said resolution was read the second time, consideted, and unanimously adopted.

On leave given,

Mr. CUMMIN read in his place, and presented to the chair, the following, which was read and ordered to be inserted on the journal, viz:

The undersigned desires to place upon the journal the reasons why he voted against retaining the following words in the third section of the ninth article: "And that no preference shall ever be given by law to any religious establishment or mode of worship." The record of the said vote will be found upon page 456 of the journal of this convention.

First-I believe that the government, under which we live, is founded upon principles of equal rights, equal privileges, and an equal support of the laws of the land.

Second-The convention having refused to strike out of the second section of the sixth article, the words "Those who conscientiously scruple to bear arms, shall not be compelled to do so, but shall pay an equivalent for personal services," page 380 of the journal, and refused, when in committee of the whole, page 162 of the journal, to agree to an amendment offered by Mr. Russell, of Bedford county, in the words following: "But no freemen of this state shall be compelled to bear arms, provided he will pay an equivalent to be ascertained by law."

Third-He believed that the first reason set forth as a principle was abandoned in the vote thus reviewed, that evident inconsistency was most clearly manifested, by which one religious society had special privileges granted to them, which was denied to all other societies within this commonwealth.

Fourth-For the aforementioned reasons, and from the fact that members of a religious society, some of which occupy seats in this convention, have all the political privileges which any citizen of this state can enjoy, while they are exempted for conscience sake from performing certain duties requred by law, and to the end that no improper reasons may be given, or that his vote standing singly and alone, may not be misrepresented, and that it may not be inferred that he was in favor of the constitution establishing a separate religion, but that he recorded his vote to render his course consistent with his opposition to those special privileges, which he believes were retained in the second section of the sixth article. And,

[blocks in formation]
« ÀÌÀü°è¼Ó »