PROCEEDINGS AND DEBATES OF THE CONVENTION OF THE COMMONWEALTH OF PENNSYLVANIA, TO PROPOSE AMENDMENTS TO THE CONSTITUTION, COMMENCED AND HELD AT HARRISBURG, ON THE SECOND DAY OF MAY, 1837. Reported by JOHN AGG; STENOGRAPHER TO THE 'CONVENTION; Assisted by Messrs. Kingman, Drake, and M'Kinley. VOL. I. PRINTED BY PACKER, BARRETT, AND PARKE; 1837. ERRATA. Page 54-line 39, for "Penlore" read "Codorus". Page 64-lines 9 and 10, for " Dick Bang" read " Jenny Bang" Page 113-line 33, for "we" read "are". Page 215-line 7, for "CHAMBERS" read DUNLOP". Page 215-second line from bottom, for "that" read "at" Page 293-line 5, for " Warren" read "M'Kean". Page 397-last line, for "Greene" read " Fayette". Page 433-line 4, for " President" read "Chair". Page 471-line 10 from bottom, for "article" read "section". 342.786 P38d The time and manner in which the sense of the people of the Commonwealth, should be taken on the subject of holding a Convention, are prescribed in the following act. viz : AN ACT TO PROVIDE FOR CALLING A CONVENTION WITH LIMITED POWERS. SECTION 1. Be it enacted by the Senate and House of Representatives of the Comwonwealth of Pennsylvania, in General Assembly met, and it is hereby enacted by the authority of the same, That for the purpose of ascertaining the sense of the citizens of this Commonwealth, on the expediency of calling a Convention of delegates, to be elected by the people, with authority to submit amendments of the State Constitution to a vote of the people, for their ratification or rejection, and with no other or greater powers whatsoever; it shall be the duty of each of the inspectors of votes for the several townships, wards and districts, in this Commonwealth, at the next general election, to receive tickets, either written or printed, from the citizens thereof, qualified to vote at such general election, and to deposite them in a proper box or boxes, to be for that purpose provided by the proper officers, which tickets shall be labelled on the outside with the word "CONVENTION"; and those who are favorable to a Convention, to be elected as aforesaid, with limited powers, as aforesaid, may express their desire by voting, each, one written or printed ticket, or ballot, containing the words "For a Convention, to submit its proceedings to a vote of the people"; and those who are opposed to such Convention, may express their opposition by voting, each, one printed or written ticket, or ballot, containing the words "Against a Convention"; and all tickets containing the words "for a Convention", and all containing the words "against a Convention", shall be counted and returned, whether other words be, or be not added. SECT. 2. The said election shall, in all respects, be conducted as the general elections of this Commonwealth are now conducted, and it shall be the duty of the return judges of the respective counties thereof, first having carefully ascertained the number of votes given for or against calling of a Convention, in the manner aforesaid, to make out duplicate returns thereof, expressed in words, at length, and not in figures, only one of which returns so made out, shall be lodged in the Prothonotary's office of the proper county, and the other sealed and directed to the Speaker of the Senate, which shall be, by one of the said judges, delivered to the Sheriff, with the other returns required by law to be transmitted to the Secretary of the Commonwealth, whose duty it shall be to transmit the same therewith; and the Speaker of the Senate shall open and publish the same, in the presence of the members of the two Houses of the Legislature, on the second Tuesday of December next. SECT. 3. It shall be the duty of the Secretary of the Commonwealth, to transmit a copy of this act to the Commissioners of each county in the State, who, on receipt of the same, shall publish it, at the expense of the county, at least once a week, for six successive weeks, in two or more newspapers, printed in the said county; and the sheriff of each county, in the proclamation to be by him published of the holding of the next general election, shall give notice, that votes will be given for or against the calling of a Convention as aforesaid. APPROVED-The fourteenth day of April, one thousand eight hundred and thirty-five. GEO. WOLF. 937135 Under the provisions of the preceding act, the votes of the people were taken, at the time, and in the manner prescribed, by the act, the votes were returned to the Secretary of the Commonwealth, and transmitted by him to the Speaker of the Senate; and, on the second Tuesday of December thereafter, the following was published as the returns of the election: VOTES FOR A CONVENTION AND AGAINST A CONVENTION. The returns of the election having shewn the sense of the majority of the votes given to be in favor of calling a Convention, the Legislature of the Commonwealth passed the following act, viz : AN ACT PROVIDING FOR THE CALL OF A CONVENTION, TO PROPOSE AMENDMENTS TO THE CONSTITUTION OF THE STATE, TO BE SUBMITTED TO THE PEOPLE THEREOF, FOR THEIR RATIFICATION OR REJECTION. WHEREAS, in pursuance of an act, passed on the fourteenth day of April, one thousand eight hundred and thirty-five, the freemen of this Commonwealth have, by a decided majority, determined that a Convention shall be holden, to propose and submit for their ratification or rejection, a new State Constitution: And whereas, it is incumbent on the representatives of the people, promptly, and without delay, to provide the means of carrying the public will into immediate effect: Therefore, SECTION 1. Be it enacted by the Senate and House of Representatives of the Commonwealth of Pennsylvania in General Assembly met, and it is hereby enacted by the authority of the same, That an election shall take place in the several election districts of this Commonwealth, on the first Friday in November next, for the choice of delegates to a Convention, to submit amendments to the Constitution of this State, to a vote of the people thereof, and that the said Convention shall consist of a number equal to the members composing the Senate and House of Representatives of this Commonwealth. SECT. 2. The delegates to the Convention shall be apportioned in the same manner that members of the Senate and House of Representatives shall then be by law apportioned. 8ECT. 3. For the purpose of electing the aforesaid delegates, polls shall be opened on the said first Friday of November next, in the different election districts of the State, in the manner directed for the holding of the general elections of this Commonwealth; and it shall be the duty of the inspectors, judges, and clerks, of the last preceding general election, to attend at the usual hour and place of holding elections, in the different election districts aforesaid, on the said first Friday of November next, to receive tickets, either written or printed, from the citizens thereof qualified to vote at the general elections, and to deposite them in a proper box or boxes, to be for the purpose provided by the proper officers, which tickets shall be labelled on the outside with the word "Delegates"; and that the said election shall, in all other respects, be conducted, and returns made and transmitted, as in cases of elections for Senators and Representatives to the General Assembly; and the return judges of said election shall give notice to the persons elected delegates to said Convention, in the same manner that is provided for giving notice to persons elected to the Senate and House of Representatives of this Commonwealth, by the sixteenth section of an act of the fifteenth February, seventeen hundred and ninety-nine, entitled " An act to regulate the general elections within this Commonwealth". SECT. 4. In the event of the absence of any of the said inspectors, judges, or clerks, such vacancies shall be filled by the election or appointment, as the case may be, of other persons, to act as inspectors, judges, or clerks, in the manner provided by the general election laws of this Commonwealth. SECT. 5. It shall be the duty of the Secrerary of the Commonwealth, on receiving the returns of the elections held on the said first Friday in November next, for delegates to the said Convention, from the respective sheriffs, to submit the same to the Governor, who, upon summing up and ascertaining the number of votes given, for each and every person so returned as voted for as delegate, shall thereupon declare, by proclamation, the names of the persons duly chosen and elected delegates to the Convention. SECT. 6. It shall be the duty of the delegates elected as aforesaid, to assemble at the State Capitol, at Harrisburg, on the first Tuesday of May, eighteen hundred and thirty. seven, and organize by electing a president, and in case of the death or resignation of any of the members of said Convention, the president thereof shall issue his writs of election, directed to the Sheriff of the proper county, directing an election to be held to fill such vacancy or vacancies, in the same manner that is provided for supplying vacancies in the Senate and House of Representatives, and after the said Convention shall have so organized, from whence they may, if they think proper, adjourn to any other place, and proceed to the execution of the duties assigned them; and when the amendments shall have been agreed upon by the Convention, the Constitution, as amended, shall be engrossed and signed by the officers and members thereof, and delivered to the Secretary of the Commonwealth, by whom, and under whose direction, it shall be entered of record in his office, and be printed as soon as practicable, once a week in at least two newspapers published in each county in which two or more newspapers are printed, and in all the papers in each county where not more than two are printed, and in at least six newspapers in the city of Philadelphia: Provided, That in each county in which there is a German paper printed, said paper shall be selected by the Secretary, as one of the papers in which the amended Constitution is to be printed, until the day of the election that shall be held for the adoption or rejection of the amendments submitted. SECT. 7. No delegate shall be elected to represent any other district than that in which he shall have resided for one whole year next preceding the election. SECT. 8. For the purpose of ascertaining the sense of the citizens, on the expediency of adopting the amendments so agreed upon by the Convention, it shall be lawful for said Convention to issue a writ of election, directed to the Sheriff of each and every county of this Commonwealth, commanding notice to be given of the time and manner of holding an election for the said purpose, and it shall be the duty of the said sheriffs, respectively, to give notice accordingly; and if said election shall not be held on the day of holding the general election, it shall be the duty of the judges, inspectors, and clerks, of the last preceding general election, in each of the townships, wards, and districts, o this Commonwealth, to hold an election in obedience to the directions of the said Con vention, in each of the said townships, wards, and districts, at the usual place or places of holding the general elections therein, and it shall also be the duty of the said judges |