the due course of law, and right and justice administered without sale, denial or delay. Suits may be brought against the commonwealth in such manner, in such courts, and in such cases, as the legislature may by law direct.

Mr. BROWN, of Philadelphia county, moved to amend the section by inserting after the word "law," in the third line, the words "and have a right to be heard by himself and his counsel."

Mr. B. said he had proposed this amendment in order that every citizen shall have a right to be heard, if he choose, by himself and his counsel. It had been said that the legislature could make such a provision. He. however, did not think proper to leave it to the legislature. He would rather have the provision in the constitution.

The question being taken on the amendment it was negatived.

And the report of the committee, so as far relates to the eleventh section was agreed to.

The convention next took up for consideration, the amended section:

SECT. 12. That no power of suspending laws shall be exercised, unless by the legislature, or its authority.

Mr. EARLE, of Philadelphia county, moved to amend the said section by adding to the end thereof the following, viz:

"No corporation with banking privileges shall be established by special act of assembly, without requiring from such corporation adequate security for the redemption of such notes as it may be authorized to issue."

Mr. E. said that this provision would not prevent the legislature from passing general banking laws. The object of it was to prevent the granting to individuals of special and exclusive privileges. It was intended to secure the public against loss. The provision was analogous to the one already adopted by the convention in regard to turnpikes and rail roads. The necessity for the restrictions proposed by his amendment he thought would be apparent to those gentlemen who looked to our own banks and to what was going on in Massachusetts in reference to the Lumberman's bank and other banks; and also, to the character of several of the banking institutions in the state of New Jersey. The public ought to have some security. Look at the banks generally in the city of New York, such security was there to the public that it was almost impossible for them to lose one cent by those corporations.

He would admit, however, that the New York safety fund system was wrong as to the mode of security, because it was left to the legislature to say what kind of security should be taken. They may take real estate, or bank mortgages. They may say that the bank shall issue only a eertain quantity of paper, and they may require personal security. In fact the legislature was at liberty to act in any manner they think proper. Now, his (Mr. E's.) amendment was not liable to these objections, it only required that the legislature shall secure the public against loss in granting banking privileges. Mr. E. asked for the yeas and nays, which were ordered.

And, the question being on agreeing to the amendment, it was decided in the negative.-yeas 45--nays 59.

YEAS-Messrs. Banks, Bedford, Bonham, Brown, of Northampton, Brown, of Philadelphia, Clarke, of Indiana, Crawford, Cummin, Curll, Darrah, Dillinger, Doran, Earle, Fleming, Foulkrod, Fry, Fuller, Gamble, Gilmore, Grenell, Hastings, Hayhurst, High, Keim, Krebs, Magee, Mann, Martin, M'Cahen, Miller, Myers, Overfield, Payne, Read, Riter, Ritter, Rogers, Scheetz, Sellers, Shellito, Smyth, of Centre, Steckel, Taggart, Weaver, Woodward-45.

NATS-Messrs. Agnew, Ayres, Baldwin, Barclay, Barndollar, Barnitz, Biddle, Chambers, Chandler, of Philadelphia, Clarke, of Beaver, Clarke, of Dauphin, Cleavinger, Cline, Cochran, Cope, Cox, Craig, Crain, Crum, Cunningham, Denny, Dickey, Dickerson, Farrelly, Gearhart, Haris, Hays, Henderson, of Allegheny, Henderson, of Dauphin, Hiester, Hopkinson, Houpt, Hyde, Ingersoll, Jenks, Kennedy, Kerr, Konigmacher, Long, Lyons, M'Sherry, Merrill, Merkel, Montgomery, Nevin, Pennypacker, Porter, of Lancaster, Purvincae, Russell, Saeger, Scott, Seltzer, Serrill, Sterigere, Sturdevant, Thomas, White, Young, Porter, of Northampton, President pro tem-59.

A motion was made by Mr. Dorav,

To amend the said section by adding to the end thereof the following viz :

"And no lottery shall hereafter be authorized in this state, and the legislature shall pass laws to prevent the sale of all lottery tickets within this commonwealth."

The CHAIR, (Mr. Porter, of Northampton, pro tem) said he would remind the gentleman from the county of Philadelphia, (Mr. Doran) that this amendment was in effect a part of the report of the committee contained in document No. 31.

Mr. DORAN said, that he was aware of that fact, but he thought there could not be a better time than the present to determine this question.

He had offered the amendment under the full assurance that the convention would insert this provision, or one similar to it, in the constitution. The sentiments of a large majority of the members were known to be friendly to the principles of it, and therefore it would be a waste of time to say any thing in support of it: in truth, the evils of lotteries had been so fully and so powerfully realized, that the community might be said to be now unanimous in demanding their entire and lasting suppression.

Numerous petitions of the most respectable kind, praying for such an amendment in the constitution, had been presented to this body; and a committee had made a favorable report on the subject; and it was due to those petitioners, as well as to the people, that the action of the convention should be immediate and decisive. Although perhaps a little out of place, he had brought it up as a proposed addition to the twelfth section, and called for the yeas and nays, that the public might know who were still disposed to countenance a spirit of gambling so enticing and dulusive and which had proved to be most injurious to the morals of the citizen. A motion was then made by Mr. WOODWARD,

To postpone the further consideration of the amendment and the section, together with the report of the committee to whom was referred the ninth article of the constitution, indefinitely.

Mr. BANKS, of Mifflin, said, he much regretted that the gentleman from Luzerne, (Mr. Woodward) should have thought proper to submit this motion at the present cricis.

If it is necessary at all, continued Mr. B., for this convention to give evidence to the world that they disprove of the practice of speculation in lotteries, it should be done at once; and if the motion of the gentleman from Luzerne, should be agreed to, it is certain that nothing of this kind can be done at all. I, for one, am anxious to show by my action here, that I entirely disapprove of this demoralizing traffic.

Mr. DENNY, of Allegheny, said that he hoped the gentleman from Luzerne, might be induced to withdraw his motion. It must be obvious to that gentlemen, continued Mr. D., that the object he has in view in desiring to pass over this article will not be accomplished, because, if his motion should succeed, the members of the convention will not thereby be prevented from proposing new additional sections. If it should turn out that the consideration of the whole article is postponed indefinitely, I shall feel it to be my duty to propose a new article to be numbered ten. We shall save time, however, by proposing our amendments as new or additional sections to the ninth article. It will be better that the gentleman should suffer us to go along without further interruption. He may rely upon it that it will be an economy of time so to do.

Mr. HIESTER said, that he should vote against the motion of the gentleman from Luzerne, for two reasons. The first was, because he wished an opportunity of giving his vote on the subject of lotteries and the sale of lottory tickets; and in the next place, he was desirous to introduce a proposition providing for the limitation of the state debt to the sum of thirty millions of dollars. He trusted that the gentleman from Luzerne, would suffer the convention to proceed with the consideration of the ninth article, and that, with that view, he would withdraw his motion, He (Mr. H.) had, however, no objections to the immediate question being put as often as the gentleman might desire it, if they would only give to the members of the convention an opportunity of voting.

Mr. WOODWARD said-I had not designed, Mr. President, to say a single word in support of the motion I have made; but I beg leave to state, in reply to the remarks which have fallen from the gentleman from Allegheny, (Mr. Denny) that the simple object I have in view, is to enable this convention to adjourn, with respect to itself and satisfaction to the people, on the twenty-second day of February-that being the day on which we have, for the second time, fixed to adjourn. For my own part, I never can vote to change it. I am not so much in love with the ridiculous, nor so anxious to divest ourselves of the little reputation we have left, as to give my sanction to a still more remote day of adjournment. Well, sir, in looking over what yet remains to be done, I confess I feel some anxiety as to the result. We have to go through the third reading of the amendments of the old constitution; we have a discussion to come in reference to the new article for future amendments: we have the settlement of the schedule and all the difficult questions which are involved in it; we have also to provide for the mode in which the amendments we have made shall be submitted to the people. We have also these, as

well as other things to dispose of, and I feel satisfied that we shall not be able, with reasonable and due diligence to do more than compass these various objects by the day which has been fixed for our final sepa

iation.

What has been the course of the convention since the ninth article of the constitution was first taken up for consideration? We have not yet introduced into it a single amendment, although new propositions are springing up here like Hydra's heads, and propositions too, I am compelled to say, some of which are of a frivolous, and trifling character. I speak this without intending disrespect to the feelings of any gentleman in this body; such however, is the fact. The yeas and nays are called upon all these proposed amendments, and thus we are idly frittering away the brief time that is yet allowed us to strut upon this stage."

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I, for one, Mr. President, am alarmed at this state of things, and when I reflect that we cannot again change the day of our adjournment without rendering ourselves ridiculous in the eyes of the people, not only of this commonwealth, but of the world, it seems to me that every member of this convention ought to put his shoulder to the wheel, with a resolute determination to bring our labors to a satisfactory close by the day appointed.

In submitting this motion, I here declare in my place that I have been governed only by an honest desire to come to a final conclusion. It is known to me that there are yet many gentlemen who have propositions to offer. I, too, have my ideas, my theories, my dreams as to what the government of Pennsylvania should be, and which, if possible, I should be happy to realise. But because these are favorite projects with me, upon which in my own mind I can dwell with delight, does it follow that this body is to sit here three or four weeks longer, that they may discuss and give their votes upon them? If we are to sit out the dreams -to discuss the constitution-to analyze the theories of every member of this convention, it is impossible to say how long we may yet be compel led to remain together. For my own part, I would not venture to hazard a computation.

These are considerations which weigh much with me, and desirous as I feel that gentlemen should enjoy a fair opportunity of submitting their suggestions to the convention, still I can not disregard these considerations. I have submitted the motion which is now pending, upon very full reflection, and because I believed that it was my duty to submit it. I would cheerfully have voted in favor of it some time since, if any other gentleman had brought it forward. I should have preferred that it had been so, but I cannot now withdraw it. If, upon the twentysecond day of February, we shall find that our time is expired, and that members of the convention have returned home by scores, with the constitution still unamended, let the yeas and nays show where the respon sibility lies. I repeat that I can not withdraw the motion.

Mr. DICKEY said, that he was in favor of the motion for indefinite postponement, because he felt anxious that the labors of the convention should terminate certainly on the 22d day of February. I am anxious, continued Mr. D., that some further declaration of rights should be

made, but I would not like to see this ninth article amended in a precipitate or careless manner, or under the action of a convention whose members are so impatient to get home. That many of them are so, we have had abundant evidence within the last few days. I believe that our proceedings since we took up this article, are indicative of a settled determination on the part of a majority of the convention not to make any changes in it. I am of opinion also that the legislature will act efficiently upon the subject of lotteries, now immediately before us, and that no provision which we could place in the constitution in relation to it, would be effectual. I shall, therefore, vote in favor of the motion of the gentleman from Luzerne. I am fearful that we shall have little enough time betwixt this and the twenty-second of February, to dispose of the many other matters which imperatively require our action.

Mr. DENNY rose to inquire of the Chair whether the motion of the gentleman from Luzerne could, under the rules of the convention, be amended? If so, he would move to amend the motion by adding to the end thereof the words "for the purpose of proceeding to the considera tion of Report No. 25."

The CHAIR decided that the motion for indefinite po stponement was not amendable.

From this decision Mr. DENNY appealed.

A long debate followed on the point of order, in which Messrs. DENNY, M'SHERRY, SMYTH, of Centre, MANN and DICKEY participated. When Mr. DENNY withdrew his appeal.

And the question then recurred on the motion of Mr. WOODWARD,

To postpone the further consideration of the amendment and the section, together with the report of the committee to whom was referred the ninth article, indefinitely.

Mr. EARLE said that he regretted that this motion should have been made, as he believed that the convention could get through with the ninth article to-morrow by eight or nine in the evening; or, at all events, by protracting their session, if necessary, to a somewhat later hour than that. I, for one, continued Mr. E., am not willing that, after having passed through the article so far, we should leave the rest in this hasty manner. I do not believe that there are a great number of amendments to be offered, nor do I concur in the observation which fell from the gentleman from Luzerne (Mr. Woodward) as to the frivolous or trifling char acter of any of them. If, however, it should be found that we can not get through with the entire article by to-morrow night, I will then be willing to vote for its indefinite postponement. But, in the present condition of things, I shall feel myself bound to resist that motion.

Mr. SHELLITO, of Crawford, said the convention would hear him witness that he did not often trespass upon the attention of the convention, and least of all would he do so now when they had so little time before them, and so many matters of importance which must be attended to in it. But he rose to protest against the hint thrown out by the gentleman