Something had also been said of the propriety or impropriety of introducing the judiciary into the consideration of this article concerning impeachments. He believed that all the impeachments, in this Commonwealth, had been of judicial officers, and hence the question of the sacredness and infallibility of the judiciary, had some connection with this article. However that might be, it had first been introduced, in this connection, by the conservatives; and they could not justly censure others for replying to their observations.

It was said that two members of the Convention had declared that the present Constitution was entitled to no particular respect. He, as one of those two, had not wished to assail unnecessarily the present Constitution, nor those who made it; but those who were against altering it, had, in the first place, proclaimed on this floor, that they reverenced the instrument and its authors. They could not then be surprised, that others, before bowing down to their idol, should examine its claims to reverence. On this subject, he would refer to an additional piece of history, that of the attempt in 1783, to introduce a Constitution like the present, when a protest was made, signed by JOHN SMILEY, WILLIAM FINDLEY, and other members of the Council of Censors, in which they said what experience has since proved, that the proposed Constitution would "introduce new aristocratic ranks", such as the life judges, of whose sacredness we had already heard so much, and "an executive magistrate, with powers exceeding the ordinary lot of kings". The result of that proceeding was, that 18,000 citizens proclaimed against the change, and less than 3000 in favor of it. It was, therefore, abandoned for that time, but was effected afterward by stratagem, without regular authority from the people.

The question is again and again agitated here, whether a majority of the people desire the amendment of the Constitution. That is a question for each gentleman to settle in his own mind. There is such a thing known among lawyers as prima facie evidence-good, title disproved. There had been a majority of 13,000 and upwards, for a Convention, which was good prima facie evidence, that the people were for it. But it was said that 40,000 ̊ did not vote on the question. If so, we might come to a conclusion, by the best evidence within our reach, as to the sentiments of the 40,000, and of the whole people. What was this evidence? The counties of Lehigh, Northampton, York, Berks and Centre, which had given large majorities against a Convention in 1835, had now sent here delegates decidedly for reform; delegates who had avowed their sentiments before their election. They say that their constituents are for reform, and that there were peculiar reasons which governed the vote in 1835. Mr. E. believed, that at least three fourths of the delegates of this Convention, were the open and avowed friends of reform, at and before their election, and that not more than ten were avowedly opposed to it when elected. Was this no evidence of the sense of the people?

What was the object of this constant agitation of the question, whether the people wished us to do any thing? Could gentlemen expect to swerve the delegates of the counties above named? That was a vain hope. Could they expect to induce the delegates from Washington, Allegheny, Beaver, Warren, and Erie, where such strong majorities for reform were given, to desert the people, and to abandon their express or implied pledges? Every delegate who professed himself for reform, when elect

ed, was as much bound, in morality, to support it, as if he had given bond to do so, signed and sealed. If the object be to show that we are bound to propose injudicious reforms, let us admit it, and let us come at once to the merits of those which have been long agitated; let gentlemen, then, on those points manifest those powerful talents, much vaunted in certain papers, which never admitted talents to exist, except on one side. Let them demonstrate, by reason, history, and experience, that their views were sound and conclusive. If we cannot maintain the contrary, let us fall at once.

The gentleman from Philadelphia, (Mr. CHAUNCEY) had said, that he desired judges to be independent of the fear of men, and governed by the fear of the Creator. Suppose a judge should be appointed who should prove not to be one of this stamp; suppose a man, just and temperate when appointed, should become unjust and intemperate afterwards; as Solomon was said to have departed in age from the virtues of his youth; would the gentleman, under the idea of sacredness in the judicial character, suffer such a man to remain in office? Impeachment would probably be an insufficient remedy, and hence he (Mr. E.) would adopt a better one. He had no objection to the impeaching clause being stricken out of the Constitution, except that some people might be told that we were establishing the code of DRACO, &c., &c. Hence he would let it remain. He would have no objection to requiring a unanimous vote of the Senate to convict on impeachment, if there were another and better mode of removal or change also provided; for then, perhaps, none would be so unwise as to vex themselves and the Commonwealth with the tedious, expensive, and useless process of impeachment.

Mr. BARNITZ remarked that the discussion which had taken place on the matter before the Convention, had given an opportunity to gentlemen to discuss, incidentally, some very important questions, and among them the powers of this body as existing under the acts of Assembly. Having a desire to speak on the subjects adverted to, more fully than he should have time to do to-day, he moved that the committee rise, report progress, and ask leave to sit again on Monday.

The order having been agreed to, the committee rose, reported progress, and obtained leave to sit again, and

The Convention adjourned.

MONDAY, MAY 22, 1837.

Mr. HIESTER obtained leave to introduce the following resolution, which was read twice, and agreed to:

Resolved, That the minutes of the proceedings in the committee of the whole be read every morning, immediately after the reading of the journal of the proceedings of the Convention, unless the same shall be dispensed with by a vote of the Convention.

The journal of the committee of the whole was then read.

Mr. EARLE, of Philadelphia, submitted the following preamble and resolution:

WHEREAS, Some members of this body are desirous of discussing the question of the extent and ultimate limits of the powers of this Convention; And whereas, such question, however interesting and instructive abstractedly considered, has no necessary nor proper connexion with the discussion of the amendments reported by the standing committees, inasmuch as the power to propose those amendments to the people is entirely undisputed: And whereas, it would be highly inexpedient to consume the time of this body, during its regular sessions, upon subjects of a speculative nature, before agreeing on the principal practical reforms which were contemplated by the people at the time of the calling of this Convention. Therefore,

Resolved, That the use of this Hall, so far as this Convention has power over it, be granted between the hours of four and six o'clock in the afternoon, for three successive days, to those delegates who may desire to deliver public addresses or lectures upon the powers of the Convention, so that the same may be excluded from unnecessary introduction during the regular business of each daily session.

The resolution having been read, it was about to be laid on the table, when

Mr. DENNY asked for its immediate consideration.

Mr. READ, of Susquehanna, called for the orders of the day, and the Chair having announced the orders of the day,

Mr. READ from the committee on the sixth article of the Constitution, made the following report, which was ordered to be laid on the table, and printed.

SECT. 1. Sheriffs and Coroners, shall at the times and places of election of Representatives be elected by the citizens of each county; one person shall be elected for each office. They shall hold their offices for a term of three years, and until a successor be duly qualified, but no person shall be twice elected 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 elected and qualified as aforesaid. The certificate of the return judges of the election of Sheriff or Coroner, shall confer all the powers heretofore confered on Sheriffs and Coroners, by the commissions issued by the Governor.

SECT. 2. In every county, having for the time being five thousand or more taxable inhabitants, one person shall be elected Clerk of each of the county courts of the proper county; and in every county having for the time being, less than five thousand taxable inhabitants, one person shall be elected, who shall be the Clerk of all the county courts of the proper county; Clerks of county courts shall hold their offices for a term of three years. But no person shall be more than twice elected in any term of nine years.

SECT. 3. In every county, having for the time being, five thousand or more taxable inhabitants, one person shall be elected Recorder of deeds and mortgages, and one person who shall be elected Register of wills and testaments; and in every county, having for the time being, less than five thousand taxable inhabitants, one person shall be elected who shall be Recorder of deeds and mortgages and Register of wills and testaments, to hold their offices for a term of three years. But no person shall be more than twice elected in any term of nine years.

SECT. 4. One county Treasurer, one county Surveyor, and one Notary Public, shall be elected in each county; the Treasurer for a term of two years, the Surveyor and Notary, for a term of three years, but no person shall hold the office of county Treasurer, more than four years in any term of eight years. The Legislature may provide by law for the election of so many additional Notaries Public in any city or county as shall be deemed necessary. All officers elected under this section, and under the second and third sections of this article, shall be elected at the times and places of election of representatives.

SECT. 5. Justices of the Peace or Aldermen, shall be elected in the several wards, boroughs and townships, for a term of five years.

SECT. 6. All officers whose election or appointment is not provided for in this Constitution, shall be elected or appointed as shall be directed by law. But no officer connected with, or appertaining to the system of Internal Improvements, shall be appointed by the Governor.

SECT. 7. A State Treasurer shall be elected annually by joint vote of both branches of the Legislature.

SECT. 8. All state officers created by law, except judicial officers, shall be filled by elections by joint vote of both branches of the Legislature. SECT. 9. Clerks of the county courts, county Surveyors, Recorders of deeds, Registers of wills, and Sheriffs, shall keep their offices in the county town of the county in which they respectively shall be officers.

SECT. 10. 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.

SECT. 11. All officers shall give such security for the faithful discharge of their respective duties, as shall be directed by law.

SECT. 14. All commissions shall be in the name and by the authority of the Commonwealth of Pennsylvania, and shall be sealed with the State seal, and signed by the Governor.

SECT. 13. No member of Congress from this State, nor any person holding or exercising any office 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.

ŠECT. 14. The freemen of this Commonwealth shall be armed, organized and disciplined for its defence, when, and in such manner as the Legislature may hereafter by law direct. Those who conscientiously scruple to bear arms, shall not be compelled to do so, but shall pay an equivalent for personal service.

SECT. 15. No person who shall hereafter be engaged in a duel either as principal or second, shall hold any office of honor, trust or profit, under the Constitution or laws of this Commonwealth, and the Legislature shall

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direct by law in what manner the proof of having been so engaged shall be established.

Mr. CHAMBERS, from the committee to whom was refered the 7th and 30th rules, reported the following explanatory rule, which was ordered to be laid on the table and printed:

ADDITIONAL OR EXPLANATORY RULE.

If the committees report that no amendment is necessary in an article, the report shall be considered, first in committee of the whole, and again on second reading. Amendments may be offered, either in committee of the whole or on second reading, whether the committees shall have reported amendments or not, and if no amendment shall be agreed to in committee of the whole or on second reading, the existing constitutional provision shall stand.

Mr. STERIGERE, of Montgomery, asked and obtained leave to offer the following resolutions, which were ordered to be laid on the table, and printed :

Resolved, That the Constitution be refered to the committee of the whole for the purpose of amendment, in which each article thall be considered in such order as the committee may direct.

Resolved, That when any article of the Constitution shall be taken up in committee of the whole, the amendments which may have been recommended thereto by any committee, and such other amendments as may be offered by any delegate shall be considered and decided therein, after which such article and the amendments thereto, which may be agreed upon in committee of the whole, shall be reported to the Convention to be considered on second reading, after all the articles of the Constitution shall have been considered in committee of the whole. The same order shall be taken on all new articles proposed to the Constitution.

Resolved, That when any article of the Constitution shall be taken up in Convention on second reading, the amendments thereto which may have been agreed upon in committee of the whole, and such other amendments as may be then offered by any delegate, shall be considered and decided on, and the amendments to such article which may be agreed upon on second reading (if any) shall be engrossed for a third reading at such time as the Convention may direct.

FOURTH ARTICLE.

The PRESIDENT having announced the unfinished business of Saturday, being the consideration of the fourth article of the Constitution, as the next order of the day,

Mr. EARLE moved to postpone the further consideration of the subject, for the purpose of taking up the first article.

The PRESIDENT was about to put the question in the usual form, "will the Convention proceed to the consideration of the unfinished business?" when

Mr. READ suggested that as the gentleman from Philadelphia had moved the postponement for a special purpose, his motion was in order. Had the motion been simply to postpone, it would have been only equivalent to that which had now been put from the Chair. But the motion was to postpone for the purpose of taking up the first article.

Mr. MEREDITH stated that he had, for some days, observed that when the Convention was about to proceed to the order of the day, being the consideration of the fourth article, motions had invariably been made to postpone the subject. Here was nothing to postpone. There was no