and prosperity, with a rapidity five times as great as that of Pennsylvania, the consequence necessarily followed, from the learned judge's argument, that her constitution must be five times better than that of Pennsylvania. Her senatorial term was two years, as he had already stated, and no complaint had ever been made as to its being too short.

Then, why, he (Mr. S.) asked, should we not adopt what had been beneficial there, or in other states? He concluded that two years was long enough, and that no senator ought to hold his seat against the will and wishes of his constituents. When a member no longer entertained the same views and sentiments as his constituents, it was high time he resigned his seat, went home, and let them choose one who would be more acceptable to them.

We ought to follow the example of other great states of the Unionthe empire state among the number, and give to the people of Pennsylvania, a constitution as free as their's, and equally as congenial to the people's wishes. The experiment of short terms had been tried, and proved successful. Why, then, should we not venture to follow in the footsteps of other states-when this experiment was staring us in the face? He would conclude by saying that he hoped the amendinent would be adopted, as a term of two years was quite long enough, and placed the senator within the reach of the people.

Mr. AGNEW, of Beaver, would say a few words on the subject, because it was important, and had not been fully discussed in committee of the whole.

He believed that only two gentlemen had spoken-the gentleman from Union, and the gentleman from the county of Philadelphia. Those who went for a change of the senatorial term, based their arguments in favor of it, on the ground that a senator was bound to represent the will of the people. In doing so, he verily believed they departed from the principles on which our government was framed. It was necessary to be borne in mind, that under the constitution of 1776, there was but one body of representatives, and it formed the legislature. But, the constitution of 1790, effected a change in this feature of the government, by the introduction of a senate, to operate as a check on the house of representatives, and vice

versa.

By this arrangement, hasty and injudicious legislation would be prevented. The senate differed from the other branch, in many of its essential features. The members of that body were fewer in number, and elected for four years, and were selected from among those men in the community, who were of mature age, and had had much experience in public life. The senate might be regarded, rather as an advising body, than one exercising a checking power. It differed from the house in this respect, that the senators represent districts, and not counties, as do the members.

They, therefore, do not represent local interests, but look to the welfare of the whole community. The body being entirely differently constituted, was calculated to prevent those changes in the laws of the state, which sometimes took place. Laws should be changed as seldom as possible. Frequent alterations in a system of policy, are injudicious, and seriously

affect the best interests of the community, and therefore they should be avoided.

The senate requires more experience than the house, to enable them to act on the subjects which must necessarily come before them. They were in the habit of acting on principles which looked only to the common good, and on opinions long formed, confirmed by experience. He ventured to say, that there was not a member of this body, who could draw up a charter for a railroad, without referring to a precedent. Gentlemen made a great mistake, in desiring to reduce the senatorial term, for by doing so, they destroyed that balance of power which was vested in the senate, by the constitution, for good and sufficient reasons.

What, he asked, was the senate of the commonwealth of Pennsylvania ? It was the high court of impeachment-a court, before which every officer in the state, might be tried for political offences. It possessed even higher authority than that of the supreme court itself, or any tribunal in Pennsylvania.

Now, he would ask, whether that body, which could displace the officers of the government, ought to be subjected to the wild caprice of every popular gale which might blow over the state?

He repeated, that the change contemplated, greatly tended to destroy that balance of power in the government, which was deemed essential to its preservation, when the constitution of 1790 was adopted. The proportion of voters in the commonwealth, was about one to five of the whole population. And, of those voters, one-sixth, or thereabouts, remain at home, and do not attend the polls. So that the elections are, in fact, managed by about one-sixth, or perhaps one-eleventh of the power of the

senate.

This was the principle on which the change was asked, and which went to degrade the constitution of the state. The actual majority of the people was made subservient to the minority. One-eleventh part only of the people of Pennsylvania was to govern! Now, that was democratic. The framers of the constitution never imagined when they divided the government into several departments, for the purpose of making each responsible, and the senate a check on the other branch of the legislature, to prevent hasty and injudicious legislation, that an attempt would hereafter be made to get rid of a fundamental principle, which keeps the power of the government in the hands of the many, instead of the few. By reducing the senatorial term, the power of the government was transferred to the minority, from the majority.

For his own part, he was free to declare, that he could not consent to give his vote for any alteration of the constitution, that diminished the term. He was for adhering to the constitution of 1790, in this respect, at least. The character of the senate, when sitting as a court of impeachment, was very important, and ought to be well considered, by the convention, before they gave their votes on the amendment now proposed. When we reflected that the judicial department of the government might be prostrated at the feet of the legislative branch, it was all-important that we should keep the senate on the same footing as at present, to prevent its being destroyed by the fluctuations of the popular will.

He recollected that when the convention was at Harrisburg, the gentleman from the county of Philadelphia, (Mr. Doran) attempted to introduce an amendment, having in view the same object as the one now pending. And, it was admitted at the time, by those who favored it, that it was very important the two legislative branches of the government should not be suffered to interfere with each other. And yet, here was an amendment, the direct tendency of which was to produce that consequence. If we desired to preserve the constitution, we must do it by adhering to those practical checks, which render it so efficient and valuable to those who have the happiness to live under it. It was not enough to say that the legislature shall exercise legislative power; the executive, executive

wer, &c.; but it was absolutely necessary to provide that noone branch shall interfere with another. The moment the barriers which separate the several departments of the government were broken down, that moment a very important change would be wrought in its character. He would, therefore, advise gentlemen to be careful

amendment.

ey vote on this

Mr. BONHAM, of York, said that he was sorry this amendment had been introduced. When the convention re-assembled in October, he was glad to hear there was a general understanding as to the amendments which had been agreed upon. And, with regard to the amendment, limiting the term of senators to three years, he had supposed it met the approbation of the body.

He regretted, hower, to find that he was mistaken, and that some gentlemen were in favor of still further reducing the length of the termfrom three years to two. He felt certain that the senatorial term, as agreed on in committee of the whole, would meet the entire approbation of his constituents, and he trusted that the convention would agree to it. He could not vote for the amendment of the gentleman from Berks, (Mr. Darragh) because he was satisfied with that which had been adopted in committee of the whole. As they had spent so much time in committee, they ought to get on with the rest of the business as quickly as possible, and thus endeavor to allay the excient which prevailed out of doors, on account of the protracted sittings of this body. He did not believe that a single vote would be changed by continuing the discussion.

Mr. DARLINGTON, of Chester, said he did not know that he could add any thing to the remarks of the gentleman from York, as to the impropriety of the amendment. He had risen mainly to express his dissent from the gentleman, as to the people being satisfied with the amendment, adopted in committee of the whole, changing the senatorial term, from four years to three. As far as he (Mr. D.) had any knowledge of the sentiments of his constituents, he was convinced that the alteration of the term, had given very great dissatisfaction to them.

He would vote not only against the amendment under consideration, but against every other, that went to reduce the senatorial term; and, when the proper time should arrive, he would give his vote for the old consti tution.

The vote being taken, the amendment to the amendment was negatived -yeas, 32; nays, 72; as follows:

YEAS-Messrs. Banks, Brown, of Northampton, Brown, of Philadelphia, Cummin, Darrah, Dillinger, Dong in, Doran, Dunlop, Ear e, Fuller, Gearhart, Gilmore, Hay. hurst, Helffenstein, High, Keim, Kennedy, Krebs, Martin, M'Cahen, Read, Riter, Ritter, Scheetz, Selers, Shellito, Smith, of Columbia, Smyth, of Center, Stickel, Weaver, Weodward-32.

NAYS-Messrs. Agnew, Baldwin, Barclay, Barndollar, Bell, Biddle, Bigelow, Bonham, Brown, of Lancaster, Carey, Chambers, Chandler, of Philadelphia, Chauncey, Clarke, of Beaver, Clarke, of Dauphin, Clarke, of Indiana, Cleavinger, Cline, Coates, Cochran, Cope, Cox, Craig, Crain, Crawford, Crum, Cunningham, Curll, Darlington, Denny, Dickey, Dicke son, Fleming, Forward, Fry, Grenell, Harris, Hays, Hister, Hok nson, Houpt, Hyde, Ingersoll, Jenks, Kerr, Konigmacher, Long, Maclay, Mann, M'Call, M'Dowell, M'sherry, Meredith, Merkel, Montgomery, l'ennypacker, Pollock, Porter, of Lancaster, Purviance, Royer, Russell, Saeger, Scott, Seltzer, Sill, Snively, Sterigere, Sturdevant, Todd, Weidman, Young, Sergeant, President-72.

The question then being on agreeing to the amendment to the fifth section, as reported from the committee of the whole, making the term of senatorial service three years, instead of four,

Mr. DICKEY called for the yeas and nays, and they were as follow, viz :

YEAS-Messrs. Banks, Barclay, Bell, Bigelow, Bonham, Brown, of Northampton, Brown, of Philadelphia, Clarke, of Beaver, Cark, of Indiana, Cleavenger, Crain, Crawford, Cummin, Curll, Darah, Dillinger, Donagan, Donnell, Doran, Earle, Fleming, Fry, Fuller, Gea hat, Gilmore, Grene 1, Hayhu st, Helffenstein, High, Houp, Hyde, Ingersoll, Kein, Kennedy, Krebs, Magee, Main, Martin, M'Cahen, Montgome y, Purvince, Read, Riter, Riter, Scheetz, Selle s, Seltzer, Shellito, Smith, of Columbia, Smyth, of Centre, Steigere, S.ickel, Sturdevant, Weaver, Woodward-55.

NAYS-Messrs. Agnew, Bllwin, Barndollar, Biddle, B own, of Lancaster, Carey, Chambers, Chandler, of Philadelphia, Chauncey, Clark, of Dauphin, Cl no Coates, Cochran, Coe, Cox, Crag Crun, Cunningham, Darlingt in, Denny, Dickey, Dickerson, Dunlop, Forward, Harris, Hays, Hiester, Hopk.nso., Jenks, Kerr, Konigmach r, Long, Maclay, M'Call, M'Dowel, M'Sherry, Meredith, Merkel, Pennypacker, Pollock, Porter, of Lancaster, Royer, Russell, Seager, Scott, Senill, Sill, Snively, Thomas, Todd, Weidman, Young, Sergeant, President-53.

So the question was determined in the affirmative.

The PRESIDENT stated the question to be on the section, as amended.

Mr. BIDULE asked the yeas and nays upon it.

Mr. FORWARD rose and said, he felt much solicitude about this question. It was a question upon, agreeing to the section, as now amended, and this assumes a higher importance, in consequence of its connexion with some other parts of the constitution, decided upon by the committee of the whole.

It has been decided in the committee of the whole, that the 'President shall appoint certain executive, and other officers, by and with the advice and consent of the senate. This alteration gives a dignity and importance to the senatorial functions, which they did not before possess; and, it furnishes a very strong reason in favor of continuing the term of senatorial service, as it stands in the present constitution. It constitutes a strong

reason for enlarging, rather than abridging, that term of service. He should exceedingly regret it, if this body should not recede from the course taken by them on this subject. An abridgment of the senatorial term would be inconsistent with the character of the additional duties and responsibilities imposed upon the senate. If they were to take part with the governor, in the exercise of his power, and especially in the power of making appointments to office, it was a strong reason, in his opinion, for lengthening their term of service to five years, instead of abridging it to three years.

The true republican principle of representation, requires obedience on the part of the representative, to the wishes of those whose interests are to be affected by their votes.

But, shall a man, coming from Crawford county, be bound to promote the wishes of the people of Philadelphia county? Or, shall a man, representing a western county, know or care any thing about the wishes or interests of the eastern counties?

But, a general law affects the interests, not of any one part of the state, but of the whole. On what principle could it be said, that a representative should obey those who elect him, instead of regarding the interests and rights of those who are to be affected by his acts?

This consideration, shewed the necessity of having in the legislature, one branch which is independent of local interests, and which shall con sult, not local, but general welfare in their acts. When the lower house

is made up of representatives, elected annually, and representing counties, it was of high importance that the senate should possess greater permanency, in order to form a check against hasty or partial action by the house.

It was all-important, therefore, that the senators, in order properly to discharge their functions, should remain long enough to become well acquainted with the interests of every part of the state, which interests are to be affected by their votes. These interests are complicated, and cannot be immediately comprehended and understood. A senator must have some experience, and time to acquire it. The population of this state is now a million and a half, and, in process of time, it may be ten millions— it may be as large as that of England-and is the term of four years too long to give a man an opportunity to become acquainted with the various interests of every part of such an empire? How is a senator to know the wishes and interests of those, in different parts of the state, who are to receive from his hands, the laws which govern them, and the high execu tive officers who are to carry the laws into effect? He cannot know them by intuition, and a complete knowledge of them is necessary to the competent discharge of his duties. We were to gain nothing, gentlemen might be assured, by this abridgment of the senatorial term of service. It would give the legislature of this state, a capricious and unsettled character. Confidence would be wanting in it.

Mr. READ here interrupted the gentleman from Allegheny, upon a point of order. He said the gentleman was discussing a secuon which had been disposed of, and finally agreed to.

The PRESIDENT stated the question to be on the section, as amended.