thus opposed to most of the amendments, I certainly would not vote for any thing which I believed to be wrong; and I do not believe that the people would accept any thing that was wrong. And I now, in my plece disclaim for myself and my colleagues, any intention of proposing or advocating any proposition for the purpose, or with the remotest view of disgusting the people with the amendments and thus securing the defeat of all of them.

Mr. WOODWARD rose to say, that he had never intimated that here or elsewhere.

Mr. CHADLER resumed:

I am anxious to set myself right in this matter, if not before the people themselves, at least before the representatives of the people here assembled -amongst the chief of whom I esteem the gentleman from Luzerne, (Mr. Woodward.) I should be sorry that he should take away with him any wrong impressions of my sentiments.

My colleague (Mr. Scott) has expressed precisely my own opinion. He never desired that the people should accept the amendments. Nor did 1. But he, like myself, desires that the people should have a fair opportunity of saying whether they would accept them or not-that they should not be put to them in a lump, so as to compel them to take the bad for the sake of something good.

As to the proposition of the gentleman from Montgomery, (Mr. Sterigere) I entertain the same opinion towards that, as has been expressed by my colleague, (Mr. Scott,)

I, for one, am opposed to almost every amendment which has been introduced into the constitution, and when I have voted against them, I desire that the people should have an opportunity to do so likewise. I feel as sincre a regard for the best interests of the people as any delegate on this floor, and I can unite with the gentleman from Luzerne and others in their most fervent aspirations in that respect.

I regard all their civil and political rights; and I desire by all my votes here to give them an entire and perfect exercise of those rights in all things; and, amongst others in relation to the amendments which we are about to submit to them, so that they may know what is good and accept it, and may know what is evil and avoid it.

Mr. PORTER, of Northampton, said:

The question immediately before the convention is on the motion of the gentleman from Franklin, (Mr. Dunlop.) The effect of his amendment, if I understand it, would be to prevent the re-appointment of the judges.

I did not distinctly hear the argument in favor of the original proposition, but, from the little I did hear, I suppose it is intended to prevent the governor from finessing on the subject of appointments; or, in other words, to prevent a judge from resigning before his term of service is quite out, in order to get a new appointment for ten years. I am afraid that this might interfere with the republican doctrine of rotation in officewhich according to the coustiuction of the office-holders, means to go from one office into another; but which, according to the construction of the people, means out of office, and not in. If this latter is the intention of the amendment, I do not know that I should be in favor of it; because

after you have once put a man into office, he is scarcely fit for any thing else and you had better keep him there. But I do not want to part with this principle of rotation in office. I suppose the amendment of the gentleman from Franklin would prevent re-appointment. I will go for this principle, if you will give such a salary as will procure good judges, and enable them to lay up something for the future, or else to pension them off.

I think the gentleman from Franklin had better modify his amendment to read something in this way.

Mr. DUNLOP rose to inquire, whether the gentleman from Northampton, (Mr. Porter) was in joke or in earnest.

Mr, PORTER resumed.

Funny gentlemen always suspect their neighbors. I was merely about to throw out some views for the consideration of the gentleman from Franklin.

As to the proposition of the gentleman from Montgomery, (Mr. Sterigere) I do not like it for this reason. If you have a president judge of the court of common pleas who is a competent man, and has acquired experience, you can not, according to the terms of that proposition, make him judge of the supreme court. Now, I can not agree to this. But there is another point in which the proposition is objectionable.

Mr. STERIGERE asked leave to explain.

The proposition which he had made, did not, he contended, go to prevent the appointment of the judges to any superior station-either to the supreme court, or any other place.

Mr. PORTER resumed.

Let us see what the terms of the amendment are, and what is the construction which is most likely to be placed upon them. It says:

"But no person appointed to any of said offices shall be re-appointed to the same office, or appointed to any other judicial office of the same grade, during the period for which he was previously appointed and commissioned."

Now, continued Mr. P. I should like to know whether some difficulty might not arise about the word "grade ?" Probably, my friend had better alter the phraseology a little; although, under all the circumstances of the case, I think it would be better to leave the section in the form in which it now stands. I do not think it will be of much use to go into committee of the whole.

As to the amendment of the gentleman from Franklin, (Mr, Dunlop) I do not see how any gentleman can expect such a proposition to meet the the favor of this convention; unless he will agree to modify it in the manner which I intimated a few minutes since-that is to say, to give the judges a very handsome salary out of which they may lay up sufficint for their future wants, or else, after their term of service has expired, to put them on half pay for life.

I believe that the independence of a judge will measurably depend on the character of his mind. It may be affected in some degree by the tenure of the office, but of one thing I am certain, that it will not have a good effect to ostracise your judges in the manner here proposed. I have, for

my own part, great objections to losing the services of a judge when once he has been appointed to the bench. I do not like this tenure for a term of years, with a low salary, but I shall like it still less, if after onec appointing a man to the judicial office, you are to cut him off from re-appointment.

The amendment of the gentleman from Montgomery, I repeat seems to me to be unnecessary, because it is based upon the presumption that there is to be connivance or finesse between the governor and the judges. The question was then called for by Mr. HIESTER and twenty-nine others rising in their places,

And the question being taken,
Shall the question be now put?

It was determined in the affirmative.

And the motion to amend the said motion was disagreed to.

The question was called for by Mr. STERIGERE and twenty-nine others rising in their places.

And the question being taken,

Shall the question be now put?

It was determined in the affirmative.

And on the question,

Will the convention agree to the said motion?

The yeas and nays were required by Mr. STERIGERE and Mr. Reigart, and are as follow, viz:

YEAS-Messrs. Hiester, Mann, Miller, Scott, Sellers, Sterigere, Woodward-7.

NAYS-Messrs. Agnew, Baldwin, Banks, Barclay, Barnitz, Bedford, Bell, Bigelow, Bonham, Brown, of Lancaster, Brown, of Northampton, Brown, of Philadelphia, Carey, Chandler, of Philadelphia, Chauncey, Clapp, Clarke, of Beaver, Clark, of Dauphin, Clarke, of Indiana, Cleavenger, Cline, Coates, Cochran, Cox, Crain, Crawford, Crum, Cummin, Cunningham, Curil, Darlington, Darrah, Denny, Dickey, Dickerson, Dillinger, Donagan, Donnell, Dunlop, Fleming, Forward, Foulkrod, Fry, Fuller, Gamble, Gearhart, Gilmore, Grenell, Harris, Hastings, Hayhurst, Hays, Helffenstein, Henderson, of Allegheny, Henderson, of Dauphin, High, Hopkinson, Hyde, Ingersoll, Jenks, Keim, Kennedy, Konigmacher, Krebs, Long, Lyons, Maclay, Magee, Martin, M'Cahen, M'Dowell, M'Sherry, Meredith, Merrill, Merkel, Montgomery, Myers, Overfield, Pennypacker, Porter, of Lancaster, Porter, of Northampton, Purviance, Reigart, Read, Riter, Ritter, Rogers, Royer, Russell, Seager, Scheetz, Serrill, Shellito, Smith, of Columbia, Smyth, of Centre, Snively, Stickel, Sturdevant, Taggart, Thomas, Todd, Weaver, Weidman, White, Young-105.

So the motion was rejected.

And on the question,

Will the convention agree to the amendments made in the said fifth article?

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

YEAS-Messrs. Agnew, Banks, Barclay, Barndollar, Barnitz, Bedford, Bigelow, Bonham, Brown, of Lancaster, Brown, of Northampton, Brown, of Philadelphia, Butler, Carey, Clapp, Clarke, of Beaver, Clark, of Dauphin, Clarke, of Indiana, Cleavenger, Crain, Crawford, Crum, Cummin, Cunningham, Curll, Darrah, Dickey, Dickerson, Dillinger, Donagan, Donnell, Doran, Earle, Fleming, Foulkrod, Fry, Fuller, Gamble, Gearhart, Gilmore, Grenell, Hastings, Hayhurst, Hays, Helffenstein, Henderson, of Allegheny, Henderson, of Dauphin, Hiester, High, Hyde, Keim, Kennedy,

Krebs, Long, Lyons, Magee, Mann, Martin, M'Cahen, M'Dowell, Miller, Montgomery,. Myers. Overfi ld, Payne, Purviance, Reigart, Read, Riter, Ritter, Rogers, Scheetz, Sellers, Serril, Shellito, Smith, of Columbia, Smyth of Centre, Snively, Sterigere, Stickel, Bturdevant, Taggart, Weaver, White, Woodward, Young-85.

NAYS-Messrs. Baldwin, Bell, Chandler, of Philadelphia, Chauncey, Cline, Coates, Cochran, Cope, Darlington. Denny, Forward, Harris, Hopkinson. Ingerso l, Jenks, Konig nicher, Macky. M'Sherry, Meredith, Merrill. Morkel, Pennypacker, Po ter, of Lancaster, Porter, of Northampton, Royer, Russel, Seager, Scott, Thomas, Todd, Weid man, Sergeant, President-32.

So the question was determined in the affirmative.

And the amendments made in the said article were agreed to, after having been,

On motion of Mr. M'SHERRY,

Amended by unanimous consent, by making the word "court," in the fourteenth line of the second section, read courts.”

SIXTH ARTICLE.

The following amendments made to this articie, were taken up, and read the third time:

SECT. 1. Sheriffs and coroners shall, at the times and places of elec tion of representatives, be chosen by the citizens of each county. One person shall be chosen for each office, who shall be commissioned by the governor. They shall hold their offices for three years, if they shall so long behave themselves well, and until a successor be duly qualified, but no person shall be twice chosen or appointed sheriff in any term of six years. Vacancies in either of the said offices shall be filled by an appointment, to be made by the governor, to continue until the next general election, and until a successor shall be chosen and qualified as aforesaid.

SECT. 2 The frecmen of this commonwealth shall be armed, organi. zed and disciplined for its defence, when and in such manner as may be directed by law. Those who conscientiously scruple to bear arms, shall not be compelled to do so, but shall pay an equivalent for personal

service.

SECT. 3. Prothonotaries of the supreme court shall be appointed by the said court for the term of three years, if they so long behave themselves well. Prothonotaries and clerks of the several other courts, recorders of deeds, and registers of wills, shall at the times and places of election of representatives, be elected by the qualified electors of each county, or the districts over which the jurisdiction of said court extends, and shall be commissioned by the governor. They shall hold their offices for three years, if they shall so long behave themselves well, and unul their successors shall be duly qualified. The legislature shall provide by law the number of persons in each county who shall hold said offices, and how many and which of said offices shall be held by one person. Vacan cies in any of the said offices shall be filled by appointments to be made by the governor, to continue until the next general election, and until successors shall be elected and qualified as aforesaid,

SECT. 6. A state treasurer shall be elected annually, by joint vote of both branches of the legislature.

VOL. XIII.

SECT. 7. Justices of the peace or aldermen shall be elected inuho several wards, boroughs, and townships, at the time of the election of constables by the qualified voters thereof, in such number as shaft be directed by law, and shall be commissioned by the governor for a term of five years. But no township, ward or borough shall elect more than two justices of the peace or aldermen without the consent of a majority of the qualified electors within such tow ship, ward or borough.

SECT. 8. All officers whose election or appointment is not provided for in this constitution, shall be elected or appointed as shall be directed by law. No person shall be appointed to any office within any county who shall not have been a citizen and an inhabitant therein one year next before his appointment, if the county shall have been so long erected; but if it shall not have been so long erected, then within the limits of the county or counties out of which it shall have been taken. No member of congress from this state, or any person holding or exercising any office or appointment of trust or profit under the United States, shall at the same time hold or exercise any office in this state, to which a salary is, or fees or perquisites are by law annexed; and the legislature may by law declare what state offices are incompatible. No member of the senate or of the house of representatives shall be appointed by the governor to any office during the term for which he shall have been elected.

SECT. 9. All officers for a term of years shall hold their offices for the terms respectively specified, only on the condition that they so long behave themselves well; and shall be removed on conviction of misbehaviour in office or of any infamous crime.

SECT. 10. Any person who shall, after the adoption of the amendments proposed by this convention to the constitution, fight a duel, or send a challenge for that purpose, or be aider or abettor in fighting a duel, shall be deprived of the right of holding any office of honor or profit in this state, and shall be punished otherwise in such manner as is, or may be prescribed by law; but the executive may remit the said offence and all its disqualifications.

Mr. HIESTER, of Lancaster, asked the unanimous consent of the convention, to move to amend the tenth section, by striking therefrom the words" after the adoption of the amendments proposed by this convention to the constitution."

Mr. H. said, that there was no meaning to be attached to these words, they were superfluous, and had much better be stricken out.

Mr. PORTER, of Northamdion, said, that he would conincide with the gentleman, provided, he would move that the convention resolve itself into a committee of the whole.

Objection being made to the introduction of the amendment,

Mr. STERIGERE moved that the convention resolve itself into a committee of the whole, for the purpose of amending the tenth section thereof, by striking therefrom all after the words "section 10," and inserting in lieu thereof the following, viz:

Every person who shall fight a duel, or send a challenge for that purpose, or shall aid or abet in fighting a duel. shall be disqualified from hol ding any office of trust or profit in this state, and shall also be liable to be indicted and punished according to law; but the governor may remit such disqualification and punishment."