from the county of Philadelphia, (Mr. Earle) that the convention should sit all to-morrow night. Yes, said Mr. S., sit all night, and then come to the old thing again. I am opposed to any thing of the kind, and so, I hope, are a majority of the members. Let us agree to the motion of the gentleman from Luzerne, and if it should turn out that we get through comfortably with our other business, we can then again resume the consideration of the ninth article of the constitution.

And the question was then taken.

And on the question,

Will the convention agree to the motion?

The yeas and nays were required by Mr. WOODWARD and Mr. DORAN, and are as follow, viz:

YEAS-Messrs. Agnew, Barclay, Barnitz, Bedford, Biddle, Bigelow, Bonham, Brown, of Northampton, Brown, of Philadelphia, Chandler, of Philadelphia, Clapp, Clarke, of Beaver, Clark, of Dauphin, Cleavinger, Cope, Crawford, Crum, Darrah, Dickey, Dickerson, Dillinger, Foulkrod, Faller, Gamble, Gearhart, Gilmore, Grenell, Harris, Hayhurst, Hays, High, Houpt, Hyde, Kennedy, Kerr, Krebs, Long, Lyons, Maclay, Magee, Merkel, Miller, Myers, Nevin, Overfield, Pennypacker, Porter, of Lancaster, Riter, Ritter, Saeger, Sellers, Seltzer, Shellito, Smith, of Columbia, Smyth, of Centre, Snively, Stickel, Sturdevant, Taggart, Woodward, Porter, of Northampton, President pro tem.-61.

NAYS-Messrs. Ayres, Banks, Barndollar, Butler, Chambers, Clarke, of Indiana, Cline, Cochran, Cox. Craig, Crain, Cummin, Curll, Denny, Donagan, Doran, Earle, Farrelly, Fleming, Fry, Hastings, Henderson, of Allegheny, Henderson, of Dauphin, Hiester, Hopkinson, Ingersoll, Jenks, Keim. Konigmacher, Mann, Martin, M'Cahen, M'Sherry, Merrill, Montgomery, Payne, Read, Russell, Scheetz, Serrill, Sterigere, Thomas, Weaver, White, Young-45.

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

Agreeably to order,

The report of the committee to whom was referred the resolution concerning the expediency of providing a mode by which future amendments to the constitution may be made, at the desire and by the act of the people, was read the second time as follows, viz :

ARTICLE TENTH.

Any amendment or amendments to this constitution may be proposed in the senate or assembly, and if the same shall be agreed to by a ma jority of the members elected to each of the two Houses, such proposed amendment or amendments shall be entered on their journals, with the yeas and nays taken thereon, and the secretary of the commonwealth shall cause the same to be published as soon as practicable, in at least one newspaper in every county in which a newspaper shall be published, and if in the legislature next afterwards chosen, such proposed amendment or amendments shall be agreed to by a majority of all the members elected to each house, the secretary of the commonwealth shall cause the same again to be published in manner aforesaid, and such proposed

VOL. XII. D

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amendment or amendments shall be submitted to the people at such time and manner, at least three months distant, as the legislature shall prescribe; and if the people shall approve and ratify such amendment or amendments by a majority of the qualified voters of this state who shall vote thereon, such amendment or amendments shall become a part of the constitution.

Mr. FULLER, of Fayette, said that he was in favor of the provision of this article, with one single exception. It proposes, continued Mr. F., that any amendments which may be made under it, shall be submitted to the people. Of course, it is proper that they should be; but I would suggest to the gentleman who reported the article, the propriety of modifying it so that only one amendment should be submitted by the legislature to the people at one and the same time. Otherwise, I think great inconvenience may result. There may two or more amendments be submitted at the same time, one of which may be acceptable to the people, and the other not so. In such an event, an opportunity ought to be given to them to take the one and reject the other. This can not be done under the article as it now stands

But there is another reason, it seems to me, why such a modification would be desirable. It is this:-if only a single amendment is put before the people at one time, for their adoption or rejection, their attention would be more particularly drawn to it, and they would be the better able to vote understandingly upon it. Such a mode would also have the effect of preventing too many amendments being made. I do hope that the gentleman who is at the head of the committee who reported this article, may be induced to make the modification I have suggested.

The said report being under consideration,

A motion was made by Mr. DENNY,

To postpone the further consideration of the same, for the purpose of inserting the following new section, viz:

"SECTION 1. No secret society using or administering unauthorized oaths or obligations in the nature of oaths, and using secret signs, tokens or passwords, operating by affiliated branches or kindred societies, shall hereafter be formed within this commonwealth, without express authority of law."

Mr. DENNY said, I have offered this amendment, Mr. President, at the present time, but not with the intention of troubling the convention with any extended remarks upon it. I know how impatient we all are. I know how brief a space of time is allotted to us to remain here. I lament that such of the members of this convention as a feel a deep interest in the fate of this proposition, have not had an earlier opportunity of calling it up for consideration. Although the subject is one with which, it is to be presumed, all who hear me are familiar, although much has been said in the newspapers upon it in the course of the last few years, and although it has, for the same period of time, mingled more or less in almost all the political elections in our state; yet much more might be said upon it here, and many strong and powerful arguments might be urged, to induce the members of this body to adopt the proposition before

them. I have felt it my duty to submit it, not so much because as an individual I am in favor of it, or because a large portion of citizens out of this convention are so; but more especially because, in so doing, I am but complying with the wishes of a highly respectable convention which met at Harrisburg, in the month of May last, and who sent their resolutions and memorials to this body, praying the adoption of such an amendment to the constitution. When we reflect, however, that there are from seventy to ninety thousand freemen in this state who have called for some provision of this kind, I might be excused for saying something in support of it. But I feel the value of our time, and have no desire to have any part or lot in bringing upon this convention the ridicule, which the gentleman from Luzerne (Mr. Woodward) predicts is in store for us, if our session is prolonged beyond the twenty-second day of February. I shall, therefore, submit the amendment without further commentary.

A motion was made by Mr. M'CAHEN to amend the amendment, by adding to the end thereof the words " excepting the societies for the

deaf and dumb.”

Mr. DORAN suggested to his colleague from the county of Philadelphia. (Mr. M'Cahen) to extend his amendment so as to insert after the word secret," in the first line of the amendment of Mr. Denny, the words" or anti-masonic."

Mr. M'CAHEN preferred to have the vote taken on the amendment as he had offered it, which he hoped would be adopted. It would indeed be a very hard case, if those who were deaf and dunb, and were, therefore, compelled to use "signs," should be deprived of their right as citizens.

Mr. DENNY said, that there was no member of the convention so blind as not to see what was the object of the gentleman from the county of Philadelphia, (Mr. M'Cahen.) For aught that I know, it may be a part of his vocation here to attempt to throw ridicule upon propositions, the nature and character of which, probably, his intelligence may not enable him to comprehend. If it be his object, as it manifestly is, to cast ridicule upon that which is demanded at the hands of this convention by hundreds and thousands of citizens as respectable as he is, in every point of view in which the characters of men are to be regarded; I can only feel compassion for the bad taste he displays in selecting this as a fit theatre for his jest and mockery. I could scarcely, however, have expected any thing better from him, when I look to the votes he has given recently upon several questions which have been decided here-to his vote on the right of suffrage-to his vote on the trial by jury. What are we to expect, when we witnessed to-day a retrograde movement in the great cause of human rights? What are we to expect when we have witnessed here the downward progress of human liberty? when freemen are to be deprived of the right of suffrage, and freemen are to be deprived of the right of trial by jury?

But, Mr. President, it is not my wish to go into a discussion. I know that we are all reluctant to interfere with habits or principles, and it might be a hopeless task to attempt to correct any of those principles or

habits which distinguish the gentleman from the county of Philadelphia. I regret, for the sake of his humanity, if on no other consideration, that he has thought to drag into this discussion, in a manner calculated to bring them into ridicule, an unfortunate class of human beings on whom the hand of the Almighty has been so heavily laid, and who are entitled to the deep and abiding sympathy of every man who has a heart to feel, as a man ought to feel, for the sorrows and the sufferings of his fellowcreatures. In relation to the "signs" to which he has alluded, we know that they are all open and public. But the signs to which my proposition refers are of a very different character-they are secret signs, unknown to the public, and known only to individuals, and have been the cause of much mischief in this community.

I shall now leave this matter in the hands of the convention. I regret that I have felt myself called upon to say so much. This is not the first time that attempts have been made by frivolous or unthinking persons to bring this subject into ridicule. It is a satisfaction to me to reflect that all such attempts have been condemned and I trust that they may meet with a similar fate in this body.

Mr. HIESTER said, he did not rise to make an argument, but simply to express the regret which he felt at seeing a question of such a serious character, treated with frivolity in this house. It is, continued Mr. H., a serious and important subject, and it is so regarded by many citizens whose character for respectability, integrity, morality and public virtue, stands as high as that of any other portion of the community. All I desire is, that this proposition should be treated with decent respect, and that an opportunity should be afforded to us to take a direct vote upon it. We all know that this is an exciting subject in the state of Pennsylvania; and I do not desire that we should get into a discussion upon it here; for we have many other matters yet to go through which will create sufficient excitement, without throwing this into the number.

I would suggest, however, to my friend from Allegheny, (Mr. Denny) to introduce his amendment in another shape; that is to say, as section two, to the new article of the constitution which is to be numbered ten.

The CHAIR said, he would state that the committee appointed on the subject of secret societies and extra-judicial oaths, had made a report which would come up, he supposed, next in the order of business.

Mr. DENNY said, that he should prefer to have the question taken in the manner he had proposed.

Mr. M'CAHEN, of Philadelphia county, said that is was his intention to withdraw the amendment which he had offered; but that, before he did so, he had a word to say in reply to the observations of the gentleman from Allegheny (Mr. Denny.)

The gentleman has thought proper to call me to task about my humanity. He troubles himself unnecessarily in this respect; for he may be assured that if ever the time arrives when I feel in want of lessons on that subject, he is not the gentleman to whom I shall appeal. I have so often seen the extraordinary liberality which characterises his mind, in the course of our proceedings here, as to convince me that such would not be a proper source for me to draw upon.

The gentleman has been pleased also to refer to my vote, to deprive what he calls a class of freemen, of the right of suffrage. It is not to be forgotten that, on one occasion in this body, the gentleman was anxious to disfranchise a large class of the white population of this state; not of the coloured population, sir, but of the white population-his own pecuI say, he was anxious to deprive a large portion of his own fellow citizens of the rights in which they were participating. It would be in vain, therefore, for me to look to him for any instruction as to liberal principles. I could not in any spirit of propriety, do so.

liar race.

I deny the intention to cast any ridicule upon the unfortunate class of beings to whom my amendment has reference. I have no such desire. But I choose to exempt them from any action on the part of this convention, which will go, by constitutional provision, to deprive them of their natu ral rights. I think that the project of the gentleman from Allegheny, (Mr. Denny) is one which this convention ought not to sustain, and which, unless I am grieviously mistaken, they will not sustain. I do not think that there is any thing like such a number of the citizens of this commonwealth as he has spoken of, who are in favor of such an amendment to the constitution. And I think that the proposition is calculated only to consume time, without the chance of arriving at the result proposed. I withdraw the amendment to the amendment.

Mr. CUMMIN, of Juniata, said that if the section proposed by the gentleman from Allegheny, were such as ought to receive the sanction of this body, he, for one, would cheerfully vote in its favor.

But who, continued Mr. C., is to be the officer that is to inquire into and examine the secret of these extra-judicial oaths? There have no doubt been many extraordinary and novel motions made since the commencement of the labors of this convention, but none more extraordinary or novel than the one now under consideration. Secret oaths! or secrets of any sort whatsoever! who are to be the discoverers of such transactions, except those who are the movers in them? Does the gen. tleman from Allegheny, (Mr. Denny) suppose that, when any association of men collect together for a secret purpose, they will make themselves known? If a man goes to commit an assault, or a robbery upon his neighbor, will he take a witness with him who may hereafter testify against him, and bring him to punishment for the crime? Or, if a man goes to commit any other crime, does he carry a witness with him, when he knows it will be in the power of that witness at any moment to bring him to condign punishment? This is not the rule by which the conduct and actions of men are in such cases governed.

There is not much that can be said on this subject, if suffered to stand alone on its own merits. The gentleman from Allegheny, (Mr. Denny) is aware of this, and so he couples it with other questions. He insinu ates broadly that the rights of other portions of the people of Pennsylva nia, are taken away. What has that to do with the proposition which he has brought forward? He has alluded to the decision of the convention in relation to trial by jury; and he says that the rights of a portion of the people of the state have been taken away by our action here. Sir, I am astonished to hear such language from any gentleman claiming a seat on this floor as the member of a Pennsylvania convention. We had a dis