and inspectors, to receive at the said election, tickets, either written or printed, from citizens qualified to vote, and to deposite them in a box or boxes, to be for that purpose provi ded by the proper officers, which tickets shall be labelled on the outside "amendments", and those who are favorable to the amendments, may express their desire by voting each a printed or written ticket or ballot, containing the words "For the amendments", and those who are opposed to such amendments, may express their opposition by voting each a printed or written ticket or ballot, containing the words " Against the amendments"; and a majority of the whole number of votes thus given for or against the amendments, when ascertained, in the manner herein after directed, shall decide whether said amendments are or are not thereafter to be taken as a part of the Constitution of this Commonwealth Provided however, That if the said Convention shall declare it to be most expedient to submit the amendments to the people in distinct and separate propositions, it shall be the duty of the said judges, inspectors, and clerks, to receive ballots prepared accordingly, or in any way which said Convention may direct.

SECT. 9. The election on the said proposed amendments 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 the said amendments, in the manner aforesaid, to make ut duplicate returns t ereof expressed in words, at length, and not in figures only, one of which returns so made, shall be lodged in the Prothonotary's office of the proper county, and the other sealed and directed to the Secretary of the Commonwealth, which shall be by one of the said julges delivered to the sheriff, with the other returns required by law, to be delivered to the Secretary of the Commonwealth.

SECT. 10. It shall further be the duty of the Secretary of the Commonwealth, on receiving the returns of the election for and against the amendments proposed by the Convention, to deliver the same to the Speaker of the Senate, on or before the first Thursday of the next session of the Legislature, after said returns shall so be received, who shall open and pub ish the same, in the presence of the members of the Senate and House of Representatives, on the next Tuesday thereafter; and when the number of votes given for, and the number of votes given against the said amendments shall have been summed up and ascertained, duplicate certificates thereof shall be signed by the Speaker of the Senate, one of which shall be filed in the office of the Secretary of the Commonwealth, and the other delivered to the Governor, whose duty it shall be to declare, by proclamation, whether the said amendments have been, or have not been adopted by the freemen of this Commonwealth.

SECT. 11. The delegates to the said Convention shall be entitled to the same pay and mileage to which members of the General Assembly are now entitled, which, together with he pay of a competent Stenographer, to report the debates of the said Convention, and the contingent expenses of the Convention, shall be paid by the State Treasurer, on the warrant of the presiding officer of the Convention; and it shall be the duty of all officers of this State, and of the State Librarian, to furnish the said Convention with such books and papers in their possession, as the said Convention may deem necessary.

SFCT. 12. Immediately after the final passage of this act, it shall be the duty of the Secretary of the Commonwealth, to furnish the sheriff of each respective county in the State with a copy of said act, requiring him to issue his proclamation, to be inserted 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, once a week for four successive weeks previous to the first Friday in November next, directing the inspectors, judges, and clerks, of the preceding general election, to attend at the proper times and places, and perform the duties imposed upon them by the third section of this act, and stating the object of said election, and the number of delegates to be chosen in said county, and the said inspectors, judges, and clerks, shall receive the like compensation for any special election, to be paid them in like manner, as is provided by law for holding general elections.

NER MIDDLESWARTH,

Speaker of the House of Representatives. THOMAS S. CUNNINGHAM,

Speaker of the Senate.

APPROVED-The twenty-ninth day of March, Anno Domini, one thousand eight hun

dred and thirty-six,

JOS.RITNER.

PROCEEDINGS AND DEBATES

OF THE

CONVENTION HELD AT HARRISBURG.

TUESDAY, MAY 2, 1837.

A quorum of delegates having assembled in the Hall of the House of Representatives, in pursuance of an act of the General Assembly of the Commonwealth of Pennsylvania, entitled "An act providing for the call of a Convention to propose amendments to the Constitution of this State, to be submitted to the people thereof, for their ratification or rejection", passed the 29th of March, 1836, at 12 o'clock,

Mr. CLARKE, of Indiana, rose and said: This being the day named in the act of the Legislature providing for the assembling of the Convention to propose amendments to the Constitution of this State, I move that the Convention now come to order, and that Gen. HENRY SCHEETZ be appointed to the chair, for the purpose of organizing the Convention.

Mr. M'SHERRY, of Adams, moved that Gen. THOMAS S. CUNNINGHAM be appointed to the chair.

On motion of STEVENS, of Adams, it was

Ordered, That tellers be appointed for the purpose of ascertaining which of the gentlemen named should take the chair.

Mr. BANKS, of Mifflin, nominated Mr. ROGERS, of Allegheny.

Mr. MERRILL, of Union, nominated Mr. CLARK, of Dauphin; and these gentlemen were declared the tellers.

The delegates then proceeded to the election of a President pro tempore, when there appeared

For Gen. THOMAS S. CUNNINGHAM,

For Gen. HENRY SCHEETZ,

Gen. SCHEETZ voted for Mr. CLARKE.

Mr. CUNNINGHAM was excused from voting.

66

64

Mr. M'SHERRY, of Adams, then moved that J. C. BIDDLE, and CHARLES A. BARNITZ, be appointed Secretaries, pro tem.

Mr. BROWN, of Philadelphia, thought this motion premature, until it should be ascertained whether Gen. CUNNINGHAM was duly elected : As that gentleman had not received a majority of the votes of the members present, it seemed to him that he was not duly elected; at any rate, he hoped the question would be decided before any other motion was made.

B

Mr. BIDDLE, of Philadelphia, understood the report of the tellers to be for Gen. SCHEETZ 64; for Gen. CUNNINGHAM, 66; scattering 1, and one gentleman did not vote; consequently, Gen. CUNNINGHAM was elected, having received a majority of all the votes given.

Mr. BROWN, of Philadelphia, remarked that if it was to be understood that Gen. CUNNINGHAM was not present, he was elected; but on the contrary, if he was present, and he presumed his having asked to be excused from voting must be taken as evidence of his presence, then he was not elected by a majority of the members present.

Mr. STERIGERE considered that Mr. CUNNINGHAM was duly elected, and moved that he take the chair.

Mr. BROWN, of Philadelphia, inquired if any gentleman had the law providing for the call of the Convention.

Mr. STEVENS, of Adams, then read the law; but there appeared to be no provision to meet the case at issue.

Mr. CLARKE, of Indiana, said, according to his understanding of the question, he considered Mr. CUNNINGHAM duly elected, and thought, therefore, he ought to take the chair.

Mr. STERIGERE then put the question whether Mr. CUNNINGHAM should take the chair, which was carried without a division.

Mr. M'SHERRY, of Adams, moved that J. C. BIDDLE, of Philadelphia, and C. A. BARNITZ, of York, act as Secretaries pro tem.

Mr. BANKS, of Mifflin, moved that J. Y. BARCLAY, of Westmoreland, and T. EARLE, of the county of Philadelphia, act as Secretaries pro tem. On the question being taken, Mr. BIDDLE and Mr. BARNITZ having received a majority of the votes present, were declared duly elected Secretaries pro tem.

The Secretary of the Commonwealth appeared, and presented a certified copy of the proclamation of the Governor containing a list of the delegates elected to this convention, as follows:

SENATORIAL DELEGATES.

Philadelphia city-JOHN SERGEANT, CHARLES CHAUNCEY. Philadelphia county-GEORGE W. RITER, CHARLES J. INGERSOLL, ABRAHAM HELFFENSTEIN. Chester, Delaware and Montgomery-THOMAS S. BELL, DAVID LYONS, HENRY SCHEETZ. Bucks-E. T. M'DoWELL. BerksJOHN RITTER. Lancaster and York-WILLIAM HIESTER, CHARLES A. BARNITZ, JAMES PORTER. Dauphin and Lebanon-JACOB B. WEIDMAN. Perry, Mifflin, Juniata, Union and Huntingdon-JAMES MERRILL, WILLIAM P. MACLAY. Columbia and Schuylkill-GEORGE SMITH. Lehigh and Northampton-WILLIAM BROWN. Luzerne, Monroe, Wayne and Pike-GEORGE W. WOODWARD. Lycoming, Centre and Northumberland-ROBERT FLEMING. Bradford and SusquehannaALMON H. READ. Franklin, Cumberland and Adams-James Dunlop, LEVI MERKEL. Bedford and Somerset-JAMES M. RUSSELL. Westmoreland-JOHN Y. BARCLAY. Washington-JOSHUA DICKERSON. Fayette and Greene-JOHN FULLER. Allegheny and Butler-HARMAR DENNY, WILLIAM AYRES. Beaver and Mercer-JOHN CLARKE. Crawford and Erie-DANIEL SAEGER. Jefferson, McKean, Potter, Tioga, Warren and Venango-ORLO J. HAMLIN. Indiana, Armstrong, Cambria and Clearfield-JAMES CLARKE.