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PROCEEDINGS AND DEBATES

OF THE

CONVENTION

OF THE COMMONWEALTH OF PENNSYLVANIA,

TO PROPOSB

AMENDMENTS TO THE CONSTITUTION,

COMMENCED AT HARRISBURG, MAY %, 1837,

VOL. XIII.

Reported by JOHN AGG, Stenographer to the Convention,

ASSISTED BY NESSRS. WHEELER, KINOMAN, DRAKX, AND 'KINLBY,

HARRISBURG:

PRINTED DY PACKER, BARRETT, AND PARKE.

1839.

PROCEEDINGS AND DEBATES

OF TRB

CONVENTION HELD AT PHILADE

THURSDAY, FEBRUARY 15, 1838.

Mr. STERIGERE, made a molion to correct the journal in some points where he regarded it as not sufficiently explicit': but, alter some discus. sion in which the motion was opposed, the question was decided in the negative.

Mr. Beli, of Chester, submitted the following resolution, viz:

Resolved. That the use of this Hall be given to Elliot Cresson, Esq. on Monday evening next, for the purpose of delivering a lecture on the subject of Colonization in Africa.

Mr. BELL, moyed that the convention do now proceed to the second reading and consideration of the above resolution.

Mr. DARLINGTON, of Chester, asked for the yeas and nays on this mo- tion, and they were ordered.

The question was then taken and decided in the negative, as fol. lows, viz:

Yeas–Messrs. Banks. Barclay, Barnitz, Bedford, Bell, Brown, of Northampton, Chimberg C ark of Dauphin, Clarke, of In-lianı, Cleavinger, Cochran, Cummin, Unn. ningham, Curl Denny, Dickerson, Donagan Donnell, Fleming. Forward, Fuller, Gam. ble, Henderson, of Dauphin, Jenks, Keim. Kennedy, Krebs, Lyons, M'Cahen, Merrill.

Miller, Nevin Payne, Porter of Northampton, Purviance, Ritter, Rogers, Serrill, shelYlito, Taggart Woodward, Scrgeant President42.

Nays-Messrs. Agnew, Barndollar, Bigelow, Bonham, Brown, of Lancaster, Brown, S of Philadelpnia, Chauncey, Clapp, Clarke of Beaver, Cox, Crain, Crawford, Crum,

Darlington, Darrah. Dickey, Dillinger, Farrelly, Foulkrod, Fry, Gearhart, Gilmore, Grenell. Harris, Hastings, Hayhurst, Hays, Henderson, of Allegheny, Hiester, Hopkinson, Hyde Ingersoll, Konigmacher, Maclay, Magee, Mann, M'Vowell, MSherry, Meredith, Merk 1 Montgomery, Myers, Peonypacker, Porter of lancaster, Reigart, Read, Ritter, Russell Saeger Scheetz Sellers. Smi h of Colonia, Smyth, of Centre, Sterigere, Stickel

Sturdevant, Thomas, Todd, We:dma, White, Young-61, 5 · Mr. COCHRAN, from the committee to whom were referred the amend.

menis 10 the constitucion as agreed 10 on third reading, for the purpose of

93147

having the same engrossed, reported the same engrossed accordingly, on the annexed and attached skins of parchinent, numbered from on to six. teen inclusive, and recommend the adoption of the following resolution, viz :

Resolved, That the names of the President and Secretary of the Convention shall oach be endorsed in his own proper hand writing on each of the skins, with their certifi. cates as evidence of the same.

Which was read, and together with the said amendments, laid on the table.

Mr. SCOTT, from the committee appointed to prepare and report a schedule to the aniended constitution, made report:

'That they have altended to that duty, and submit the subjoined sched. ole to the consideration of the convention.

They also report that the provisions contained in this schedule, express, in addition to lornier reports, their sentiinents on all the resolutions which have been reserred to them.

SCHEDULE

That no inconvenience may arise from the alrerations and amendments in the constitution of this commonwealth, and in order to carry the same into complete operation, it is hereby declared and ordained, that

I. All laws of this commonwealth in force at the time when the said alterations and amendments in the said constitution shall take effect, and not inconsistent therewith, and all rights, actions, claims and contracts, as well of individuals as of bodies corporate, shall continue as if the said alterations and amendinenis had not been made.

II. The alterations and amendinents in the said constitution shall take effect from the first day of January, eighteen hundred and thirtynine.

III. 'The clauses, sections and articles of the said constitntion which remain unaltered, shall continue w be construed and have effect as if the said constitution had not been amended.

IV. The general asseinbly which shall convene in December, eighteen hundred and thirty-eight, shall continue iis session as heretofore, notwithstanding the provision in the eleventh section of the first article, and shall at all times be regarded as the first general assembly under the amended constitution.

V. The governor who shall be elected in October, eighteen hundred and thirty-eight, shall be inaugerated on the third Tuesday in January, eighteen hundred and thirty-vine, 10 which time the present executive term is hereby extended.

VI. The commissions of the judges of the supreme court, now in com. mission, shall not be affected by the second section of the filth article of the amended constitution. Their successors shall hold according to the tenure iberein prescribed.

VII. The coinmissions of the president judges of the several judicial districts of this commonwealth and of the legal associate judges of the first judiciul district, now in commission, shall not be affected by the said

second section of the said fifth article. Their successors shall bold according to the tenure therein prescribed.

VIII. The legislature at its first session under the amended constitution, shall divide the other associate judges of the state into four classes. The commissions of those of the first class shall expire on the twenty.ocventh day of Februarr, eighteen hundred and forty : of those of the second class on the lwenty-seventh day of February, eighteen hundred and forty-one : of those of the third class on the twenty-seventh day of February, eigh. teen hundred and forty-two ; and of those of the fourth class on the twenty seventh day of February, eighteen hundred and forty-three.

IX. Prothonotaries, clerks of the several courts, (except of the su. preme court,) recorders of deeds and registers of wills, shall be first elected under the amended constitution, at the election of representatives in the year eight::en hundred and thirtymine, in such manner as inay be prescribed by law.

X. The appointing power shall remain as heretofore, and all officers in the appointment of the executive department, shall continue in the exer ise of the duties of their respective offices until the legislature shall pars such laws as may be required by the eighth section of the sixth article of the ainended constitution, and until appointments shall be made under such law's, unless their commissions shall be superseded by new app:iniments, or shall sooner expire by their own limitations, or the said offices shall hecome vacant boy death or resignation ; and such laws shall be enar:led by the first legislature under the anended constitution.

XI. The first election for aldermen and justices of the peace shall be held in March, eighteen hundred and forly, at the time fixed for the election of constables. The legislature at its first session under the amended constitution, shall provide for the said election, and for subse. quent similar elections. The aldermen and justices of the peace now in commission, or who may in the interim be appointed, shall contine to discharge the duties of their respective offices until new cominissions shall be issued under said clection : at which iime all previous cominis. sions shall be held to expire.

Which was read and laid on the table ; and,
On motion of Mr. M'Sherry,
Ordered to be printed.

Mr. Woodward, on behalf of a minority of the committee appointe ed to prepare and report a schedule to the ainended constitution, made report:

That they dissent from the sixth and seventh sections of the report of the majority, and they recoinmend the alloption of the following sections instea:) of those numbered six and seven in that repoit.

VI. Within three months from and after the third Tuesday of January next, the governor shail, by and with the advice and consent of the senate, re-appoint one of the then existing julges of the supreme court for the terın of three years ; one of them for the term of six years ; one of them for the term of nine years; one of them for the term of twelve years; and one of them for the term of tifieen years.

VII. The commissions of the president judges of the eleventh and

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