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legislature to provide by law for the adequate compensation of all persons or their heirs, relatives or lawful representatives, who shall be injured in person or estate by any mob or riot, unless such mob or riot shall have been directly and wilfully instigated, aided or encouraged by the person or persons so injured."

Mr. DARRAH, of Berks, asked for the previous question; which was sustained.

And on the question,

Shall the main question be now put!

The yeas and nays were required by Mr. EARLE and Mr. DORAN, and are as follow,

viz:

YEAS-Messrs. Banks, Barclay, Barndollar, Barnitz, Bedford, Bigelow, Bonham, Brown, of Northampton, Brown, of Philadelphia, Cline, Crain, Crawford, Crum, Darrah, Donagan, Foulkrod, Fuller, Gamble, Gearhart, Gilmore, Grenell, Hastings, Hayhurst, High, Houpt, Hyde, Keim, Kerr, Krebs, Lyons, Mann, Miller, Montgomery, Myers, Nevin, Overfield, Read, Riter, Ritter, Saeger, Scheetz, Sellers, Seltzer, Shellito, Smith, of Columbia, Smyth, of Centre, Snively, Sterigere, Stickel, Sturdevant, Taggart, Weaver, Woodward-53.

NAYS-Messrs. Agnew, Ayres, Baldwin, Biddle, Brown, of Lancaster, Chambers, Chandler, of Philadelphia, Clapp, Clarke, of Beaver, Clark, of Dauphin, Clarke, of Indiana, Cochran, Cope, Cox, Craig, Cummin, Cunningham, Curll, Denny, Dickey, Dillinger, Doran, Dunlop, Earle, Fleming, Fry, Harris, Hays, Helffenstein, Henderson, of Allegheny, Henderson, of Dauphin, Hiester, Hopkinson, Ingersoll, Jenks, Kennedy, Königmacher, Long, Maclay, Martin, M'Cahen, M'Sherry, Merrill, Merkel, Payne, Pennypacker, Porter, of Lancaster, Purviance, Russell, Serrill, Thomas, Todd, White, Young, Porter, of Northampton, President pro tem.-55.

So the question was determined in the negative.
Mr. EARLE asked for a division of the question.
And on the question,

Will the convention agree to the first division, viz:

"That it shall be the duty of the legislature to provide adequate and exemplary penalties to be imposed upon all persons who by mobs, violence and tumult or intimidation shall interfere with the enjoyment of the right of freedom of speech, of the press, and of public discussion in relation to all questions of public or general interest?"

Mr. EARLE and Mr CRAIG asked for the yeas and nays; which were

ordered.

Mr. HIESTER, of Lancaster, said that although it was true this was a subject which might be provided for by legislative enactment, yet he regarded it as of sufficient importance to be incorporated into the organic

law.

He fully concurred in the justice of the remarks which had fallen from the gentleman from the county of Philadelphia, (Mr. Earle.) It certainly was a matter of the highest importance that every citizen should be protected in the full and free exercise of his constitutional rights-that he should be allowed to freely speak, write, and print on any subject, he being responsible for the abuse of that liberty. This was the law of the land, and no man had a right to object to it. It was but fair and reasonable. But the right has been (continued Mr. H.) very much abused. To the

eredit and honor of Pennsylvania, however, be it said, that mob law is not known within her borders.

But what has been the case in other parts of the United States! Who can shut his eyes to what has transpired there? Look to Massachusetts, to Illinois, to Missouri, and to Mississippi, and reflect, for a moment, on the disgraceful scenes that have taken place in those states. The mad and intolerant spirit of mobism has displayed itself there to a most alarming extent to restrict freedom of speech and of the press. I thought it perfectly reasonable and highly necessary that this provision should be inserted in the constitution. The second branch of the amendment I also think important enough to be incorporated in the fundamental law of the state. It contemplates that the legislature shall provide indemnification for all persons whose property is destroyed by mobs, unless the persons themselves have been the instigators of those mobs.

Nothing can be more reasonable than that the individuals who have been deprived of their property, shall be compensated for it by the community, if redress cannot be obtained elsewhere. This provision will have a good effect for it will induce all orderly citizens to set their faces against these disgraceful acts, and if they did so, it is not likely the disorderly would raise a force to commit them. If it was adopted in all communities, the liberty and property of individuals would be rendered much safer than is now the case. We have recently seen the good effects of this law in Baltimore, not inaptly termed mob town-since the legislature of Maryland passed an act providing that the city should compensate. the losers of property, by mobs.

I believe that if such a law were to be passed in each state of the Union, we should not hear of so many. It is a serious matter when law and order are set at defiance and overruled by mobs. I trust gentlemen will reflect on the amendment; and although it runs rather into detail-and against which I have heretofore set my face,-I hope the convention will adopt the amendment.

Mr. FLEMING, of Lycoming, remarked that, perhaps, no one had a He admitted that the rights and stronger objection to mobs than himself. liberty of the community were placed in jeopardy if mobs were permitted to rule. But, when the convention were called upon to insert a provision in the constitution for one offence, why not include all other offences? It was easy enough to see that there was a number of other offences against the law and the order of society, which might be equally as well provided for, as for instance, arson, burglary, fraud and perjury, which are regarded by the community as crimes of equal enormity, and tending to destroy the social compact. Yet, nothing was to be done as to these. But, the convention was called upon to enjoin it expressly on the legisla ture that they shall do what? Why, what had been done ever since the first meeting of a legislature within the commonwealth of Pennsylvania, He would ask gentlemen if there were to prevent breaches of the peace. any breaches of the peace that were not indictable-for which there was not an ample remedy? He maintained that there was no crime committed against which a sufficient remedy was not to be obtained. Then, why, he would inquire, should the convention put in the constitution a

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special provision enjoing on the legislature to do what they have already done? What has the legislature to do in this matter? In 1826, the city and county of Philadelphia, provided by an act of assembly, that where a person's property was destroyed by a mob, that they should be compensated. The people of the city and county of Philadelphia had more ample security against breaches of the peace than any part of the commonwealth of Pennsylvania. The provision of the act of assembly, which he read from Purden's Digest, page 738, was in the following words:

"In case any dwelling house or other building or property real or personal, shall be injured or destroyed within the said city and county of Philadelphia, in consequence of any mob or riot therein at an election, or at any other time it shall be lawful for the owner thereof or his agent to apply if in the county to the court of quarter sessions, and if in the city to the mayor's court, who shall thereupon appoint six disinterested persons who shall be sworn or affirmed to ascertain and report the amount of said loss and also whether the said owner had any immediate or active participation in said mob or riot, and on such report being made and the fact that the owner had no such participation being ascertained and the report being confirmed and on examination of law and fact by said court, the said report and confirmation shall be certified to the county commissioners who shall forthwith draw their warrant on the treasury for the amount so awarded which warrant shall be duly paid by the treasurer."

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Here was a special case provided for. And now because there had been a riot in Philadelphia, this convention were called upon to alter the fundamental law. He could not suppose that gentlemen would be so silly as to go into a convention in order to incorporate a provision of this kind into the constitution of the state.

Now, there was no difficulty in getting up a feeling of this kind; and whether it originated in any apprehension growing out of the abolition riot he did not know. He would ask gentlemen if they would go so far as to insert a provision to prevent half a dozen men from meeting and getting up a bit of a fight and jolification. Then why insert this provision? Why provide for one case and not for the other? He would ask members to prepare themselves for these various provisions, and to make the constitution a little larger than Purdon's Digest! He ventured to say that when we came to enumerate all the cases provided for-when we came to turn over Blackstone, and to make provision for all the crimes mentioned by him, this convention would not be prepared to adjourn sine die this time next year. He hoped that the amendment would not prevail.

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Mr. BIDDLE, of Philadelphia, said he had but very few words to say. He believed it to be all-important that our liberties should be preserved, and they could only be preserved by securing the superiority-the supremacy of the law. He was of opinion that these outrageous and violent popular outbreaks which had taken place in various parts of the Union had done more to endanger it, than any thing else that he knew of. If this subject were one intimately connected with the durability of free institutions, was it not one of sufficient importance to claim a place in the

fundamental charter. The crime of treason against the United States was included in it, as it was also in many of the constitutious of the states. He believed that we ran much less risk of danger from treason, than we did from those irregular bursts of passion, which occasionally took place owing to the violence of excited feelings-overthrowing the laws and destroying large amounts of property, and sometimes life itself. He thought that within a year or two occurrences had taken place calculated to awaken a lively sense of the importance of inserting some provision in the constitution to guard us against the introduction of lynch law, as it had been called, which had appeared among us-and in their passions for which individuals alleging that they were actuated by no other than good motives-have risen above the law to redress their own wrongs. He considered this evil more fraught with danger to our country than any other.

Was it, he asked, an unfit place, to select the constitution for the introduction of two great principles-the first, that the parties guilty of creating a disturbance shall be amenable to the law. And, second, the community in which the offence was committed, shall be responsible to the individuals for the loss they have sustained, which was attributable to the want of that unity in maintaining the supremacy of the law.

It was the duty of every good government to protect its citizens, and when citizens are injured for the want of power to maintain the ascendency of the law, it was a fit occasion for compensation being made for those wrongs.

It had been remarked by the delegate from Lycoming, (Mr. Fleming) that the city and county of Philadelphia had a special advantage over other portions of the Union. He (Mr. B.) would regret that the city and county of Philadelphia should not possess any advantage which other portions should also possess. He thought that such a principle as was proposed, ought to be inserted in the constitution, so that every portion of the commonwealth might enjoy the same protection. He could not coincide with the gentleman from Lycoming, that there was any thing absurd or ridiculous in the proposition. On the contrary it appeared to him to be both just and proper, and he should cheerfully give his vote in favor of it.

Mr. BANKS, of Mifflin, said:

Although I yield to none in this hall, or in this commonwealth, in a desire to do every thing which will promote the sound morals and the good conduct of our citizens,---an object which should be dear to the heart of every well-wisher to our country and to her institutions--much, I say, as I desire to promote this great object, and to see strife and commotion cease to exist in every part of our land-I shall still feel compelled to refuse my assent to the proposition now before the convention.

It seems to me that every man who has reflected at all upon the subject, every man who is anxious that the practice of mobbing, for any cause, at any time, or under any circumstances, should not prevail in our state; every such man, I say, must perceive that it would be improper for the convention to engraft on the constitution any provision in relation to that dreadful practice. While the constitution, as it now exists, to enact

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Jaws for the suppression of mobs, surely there can be no necessity to add to it a provision like that proposed by the gentleman from the county of Philadelphia, (Mr. Earle ;) and if there is no necessity, why should we incumber the constitution with any provision on the subject.

Every member of the convention, I am sure, feels a proper solicitude for the preservation of order in our government, and the inculcation of sound morality among our people. And it appears to me that every gentleman who reflects on what we have already passed upon in the bill of rights, in relation to the free communication of thoughts and opinions, must be satisfied that we can gain nothing, so far as order and good government are concerned, by inserting this provision. So long as men conduct themselves towards one another, in regard to their political and religious opinions, and to all other subjects on which they have a right to act for themselves; so long, I say, as they conduct themselves towards each other in such a manner as not to give cause of offence, there will be no danger of mobs or riots.

It is known to the members of this body, that I have, from first to last, been anxious to expunge from that portion of the constitution which relates to public education, the word " poor." I have been anxious to do so, because I did not wish that the action of this convention should hereafter be pointed to as endorsing the word "poor," and thereby casting upon themselves the stigma of being a poor convention. And much less do I now desire that, by inserting in the constitution, the word "mobs," it should bring upon itself a stigma as a mob convention. I do not wish that the citizens of Pennsylvania, or any portion of them, should hereafter point to the action of this body as in any degree anticipating mobs, fearing mobs, or advocating mobs. None of us, I am sure, desire such a thing. Why then should we not let well alone? Why should we interfere when no necessity calls upon us to do so? If the legislature has the power under the existing constitution, as we know they have, to provide by law against the destruction of life and against the destruction of property, by laws punishing such acts in the most severe manner, why should we send out any constitutional amendment on the subject? They who have read of mobs in other states-they who have read of the dreadful revolution in Paris-those who have conversed with men who have looked upon such sights-who have seen women led on to destruction-who have seen the horrible sight of women, with their hair streaming down their shoulders, taking up the instruments of death and crying to the men to come on, that they were cowards-those, I say, who have gazed upon such sights as these, or read of them, or heard them described with all the energy of truth, must know how little worth a constitutional provision would be when the bad passions of men are thus running riot in the land. Of such a sight I received a description from one of our military officers, (General Fenwick) who was present at the time.

"It seemed," said he, "as if the furies of destruction had been turned loose upon the world, to visit Paris at the commencement of the French revolution of 1793."

And, sir, when it comes to this in this country of ours which we love next to our lives and equally well with all the ties and connexions which

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