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Pennsylvania. Constitutional convention

PROCEEDINGS AND DEBATES

OY THE

CONVENTION

OF THE COMMONWEALTH OF PENNSYLVANIA,

TO PROPOSR

AMENDMENTS TO THE CONSTITUTION,

COMMENCED AT HARRISBURG, MAY 2, 1837,

VOL. XIII.

Reported by JOHN AGG, Stenographer to the Convention,

AADUSTED BY WESSRS. WHEELER, KINOMAN, DRAKI, AWD N'KINLEY,

HARRISBURG:

PRINTED DY PACKER, BARRETT, AXD PARKE.

1839.

PROCEEDINGS AND DEBATES

OP TAB

CONVENTION HELD AT PHILADELPHIA.

THURSDAY, FEBRUARY 15, 1838.

Mr. STERIGERE, made a motion to correct the journal in some points where he regarded it as not sufficienily explicii: but, after 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 us 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, moved 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:

Yeag—Messrs. Banks. Barclay, Barnitz, Bedford, Bell, Brown, of Northampton, Chambers Cark of Dauphin, Clarke, of In-liana, Cleavinger, Cochran, Cummin, Uunningham, Cur 1 Denny, Dickersɔn, 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, shellito, Taggart Woodward, Sergeant President-42.

Nais- Messrs. Agnew, Barndollar, Bigelow, B unham, Brown, of Lancaster, Brown, 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. M’Sherry, Meredith, Merk 1 Montgomery. Myers, Peanypacker, Porter of Lancaster, Reigart, Read, Ritter, Russell Saeger Scheetz. Sellers. Smi hof Coluinia, Smyth, of Centre, Sterigere, Stickel Sturdevant, Thomas, Todd, Weidmanı, White, Young-61,

Mr. COchran, from the conmittee to whom were referred the amend. ments to the constitution as agreed to on third reading, for the purpose of

Centro

06. 1 100

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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 tho table.

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

'That they have attended to that duty, and submit the subjoineil 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 incunsiblent therewith, and all rights, actions, claims and contracts, as well of individuals as of bodies corporate, shall continue as if the said alterations and amendments 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 constiention which remain unaltered, shall continue to be construed and have effect as if the said constilulion had not been amended.

IV. The general assenbly which shall convene in Drcember, 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 preseat 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 tberein prescribed.

VII. The commissions of the president judges of the several judicial districts of this commonwealth and of the legal associate judges" ut'tha first judicial districi, now in commission, shall not be affected by the said

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

VIII. The legislature at iis 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 February, 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-serenth day of February, eigh. teen hundred and forty-iwo ; 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 elecied under the amended constitution, at the election of representatives in the year eight:en hundred and thirtymine, in such manner as may 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 exercise of the duties of their respective offi:es until the legislature shall pass such laws as may be required by the eighth section of the sixth article of the a:nended constitution, and until appointments shall be made under such laws, 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 by death or resignation ; and such laws shall be enar:led by the first legislature under the amended constitution.

XI. The first election for aldermen and justices of the peace shall be held in March, eighteen hundred and forty, at the time fixed for the election of constables. The legislature at its first session under the amended constirution, 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 continue to discharge the duties of their respective offices until new commissions shall be issued under said clection : at which time all previous coininissions shall be held to expire.

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

Mr. WOODWARD, on behalf of a minority of the committee appoint. ed to prepare and report a schedule to the amnended constitution, made report:

That they dissent from the sixth and seventh sections of the report of the majority, and they recoin mend the adoption of the following sections insteal of those numbered six and seven in ihal report.

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 senale, re-appoint one of the then existing julges of the suprene 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 fifieen years.

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

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