high remedial power claimed for the Legislature. He felt anxious to adopt some provision which should prevent the Legislature from attempting the exercise of such powers. Gentlemen deprecated the desire of idea of change. The phrase, "no change", is rung through all their speeches. It had appeared to him, in his intercourse with the people in other States, and he had always been locomotive, passing to and fro, that the changes which time and experience had induced other States to make in their Constitutions, had been beneficial. Some of these changes, so far as they were consistent with our institutions, he hoped to see adopted here. If they were adopted, we should hear no more of Conventions hereafter. But, if the people, looking abroad, saw better institutions in other States, they would continue to be dissatisfied with their own, and call for a change. The principles which had been sanctioned, and adopted by enlightened and experienced men in other States, ought not to be thrown aside, because we, in our own districts, feel no inconvenience from the defects of our Constitution.

The gentleman from Franklin had said, that he hoped they did not come here pledged to the county of Philadelphia, or trameled by the people of that county. He did not desire that any gentleman should be pledged to that county, but he would say, that the people of that county suffered as much from a bad Government, and enjoyed as much prosperity under a good Government, as any other county in the State, and perhaps more. He knew, when they became excited, they would meet together and pass strong resolutions, but it was only when their rights were infringed upon, and he did not believe there was any people, who were more ardently attached to liberty, than the citizens of that county. He wished to say nothing now which would have a tendency to create any excitement; but he would ask whether, as at the present moment, when the whole of the banking institutions had closed their doors, thrown the working men out of employment, and when you took them a note you were told you could get nothing for it, he would ask if it was in human nature not to become excited, as they did, and endeavor to relieve themselves of such curses. They would be unworthy of their sires of seventy-six, unworthy the name of Americans, and of Pennsylvanians, if they did not raise their voice against tyranny, no matter whether it was exercised over them by the misrule of corporations, or by the unjustness of your laws.

Mr. MERRILL thought a question had here arisen to be debated, which was a preliminary question. It was this, whether we were not in fact paying too dear for our Government altogether, and whether the argument of the gentleman from the county of Philadelphia, that there had been a total destruction of liberty under our present form of Government, did not show us that we ought to have no Government, and that our business here should be to repeal the Constitution, instead of amending it, and give back the Government into the hands of the people. He submitted this as a very grave question for the consideration of the committee, whether they ought not to say to the people, that they could not trust those who represented them with the exercise of Government, and send it back into the hands of the people themselves.

Before Mr. M. had concluded, he yielded the floor, and

On motion of Mr. DORAN, the committee then rose, reported progress, and obtained leave to sit again to-morrow, when

TUESDAY, MAY 30, 1837.

Mr. BELL, of Chester, submitted the following resolution, which was laid on the table:

Resolved, That the Secretary of the Commonwealth is requested to furnish to the Convention, a statement showing the number of officers, exclusive of Judicial officers, Prothonotaries, Registers, Recorders, and Clerks, of the several county Courts, appointed by the Governor, setting forth their several titles, term of office, compensation, and the places wherein they exercise their offices.

Mr. STEVENS, of Adams, from the committee to whom was referred the second article of the Constitution, made the following report, which was laid on the table, and ordered to be printed:

The committee to whom was refered the second article of the Constitution, reported the following amendments to it:

SECT. 3. To read as follows: "The Governor shall hold his office during three years, from the third Tuesday of December next ensuing his election, and shall not be capable of holding it longer than six years, in any term of nine years".

SECT. 8. First line to read, "He shall nominate, and, by and with the advice and consent of the Senate, shall appoint all officers", et cetera. Make the ninth section read as follows:

SECT. 9. He may, at all times, require from all except the judicial officers, written information concerning their offices.

Add a new section, te be called section sixteenth, as follows:

SECT. 16. The Prothonotaries, Registers, Recorders of deeds, and Clerks of the several Courts, except Clerks of the Supreme Court, (who shall be appointed by the Court, during pleasure,) shall be elected by the citizens of the respective counties; and the Legislature shall prescribe the mode of their election, and the number of persons to hold said offices in each county, who shall continue in office for three years, if they so long behave themselves well, and until their successors are duly qualified. Vacancies to be supplied by the Governor until the next annual election.

The fourteenth section shall be so amended as to read as follows: "In case of the death or resignation of the Governor, or of his removal from office, the Speaker of the Senate shall exercise the office of Governor; and in case of the death, resignation, or removal from office of the Speaker of the Senate, the Speaker of the House of Representatives shall exercise the office of Governor, until another Governor shall be duly qualified; and if the trial of a contested election shall continue longer than until the third Tuesday of December next ensuing the election of Governor, the Governor of the last year, or the Speaker of the Senate, or of the House of Representatives, who may be in the exercise of the executive authority, shall continue therein until the determination of such contested election, and until a Governor shall be duly qualified as aforesaid". Mr. STEVENS, from the minority of the committee to whom was refered the second article of the Constitution, made the following report, which was laid on the table, and ordered to be printed:

The undersigned, a member of the committee on the second article of the Constitution, dissents from the report of the committee, and makes the following minority report:

Add the following new sections:

SECTION The Prothonotaries, Recorders of deeds, Registers of wills, and Clerks of the several Courts (except the Clerks of the Supreme Court, who shall be appointed by the Court during pleasure) shall be elected by the citizens of the respective counties, qualified to vote at the general election, and shall hold their office for three years, if they shall so long behave themselves well, and the Legislature shall provide for the mode of their election, and the number of persons in each county who shall hold said offices. The Governor shall supply any vacancies that shall occur by death, resignation, removal, or otherwise, until such vacancy shall be supplied by the people as herein before provided for.

SECTION The office of Surveyor General shall be abolished, and the duties thereof transfered to the Secretary of the Land office.

SECTION The public improvements of this Commonwealth shall be under the management of a Comptroller of Public Works, who shall be annually appointed by the Governor, and shall receive a compensation of not less than dollars per annum.

THADDEUS STEVENS. Mr. BELL, from the minority of the committee to which was refered the second article of the Constitution, made the following report, which was laid on the table, and ordered to be printed :

The undersigned, a member of the committee to whom was refered the second article in the Constitution, begs leave respectfully to recommend as amendments, the following enumerated alterations and additions, to wit:

The second section of the said article ought to be altered, so as to read:

SECT. 2. The Governor, and a Lieutenant Governor, shall be chosen on the second Tuesday in October, by the citizens of the Commonwealth, at the places where they shall respectively vote for representatives. The returns of every election for Governor and Lieutenant Governor, shall be sealed up and transmitted to the Seat of Government, directed to the Speaker of the Senate, who shall open and publish them in the presence of both Houses of the Legislature. The persons respectively having the highest number of votes for Governor, and Lieutenant Governor, shall be elected; but if two or more shall have an equal, and the highest number of votes for Governor, or for Lieutenant Governor, the two Houses of the Legislature shall, by joint ballot, choose one of the said persons so having an equal and the highest number of votes for Governor, or Lieutenant Governor. Contested elections shall be determined by a committee, to be selected from both Houses of the Legislature, and formed and regulated in such manner as shall be directed by law.

The third section of the said article ought to be amended by inserting the words "and Lieutenant Governor", after the word "Governor", and providing for the continuance in office of the Lieutenant Governor for the same term as is prescribed in the case of the Governor.

its provisions embrace, as well the office of Lieutenant Governor as that of Governor.

The eighth section ought to be so amended, by striking out the words, 66 or shall be established by law".

The fourteenth section ought to be altered, so as to read:

SECT. 14. In case of the death or resignation of the Governor, or of his removal from office, the powers and duties of the office shall devolve on the Lieutenant Governor, for the residue of the term; and if the trial of a contested election shall continue longer than the third Tuesday in December next ensuing the election of Governor, the Lieutenant Governor shall exercise the powers, and discharge the duties of the office of Governor, until the determination of such contested election, and until a Governor shall be duly qualified; but if the election of the Lieutenant Governor shall also be contested, and the trial of such contested election shall continue longer until the said third Tuesday in December, the Governor of the last year, or the Speaker of the Senate, who may be in the exercise of the executive authority, shall continue therein until the determination of such contested election, and until a Governor shall be qualified as aforesaid, or until the contested election of the Lieutenant Governor shall be determined, and such Lieutenant Governor be duly qualified. While acting as Governor, the Lieutenant Governor shall receive the same compensation as is, or may be allowed the Governor.

A new section to be numbered fifteen, ought to be introduced, and to read: SECT. 15. The Lieutenant Governor shall be President of the Senate, but shall have only a casting vote therein. While acting as President of the Senate, he shall receive double the compensation paid to a Senator. If, during a vacancy of the office of Governor, the Lieutenant Governor shall die, resign, or be removed from office, the Speaker of the Senate shall act as Governor until the vacancy shall be filled. While acting as Governor, the Speaker of the Senate shall receive the same compensation as is, or may be allowed the Governor.

FIRST ARTICLE.

THOS. S. BELL.

The Convention then resolved itself again into committee of the whole, on the first article, Mr. PORTER, of Northampton in the chair.

The question being on the motion of Mr. INGERSOLL, to amend by substituting the following as the first article:

ARTICLE I.-DISTRIBUTION OF POWER.

The respective powers of Government, Legislative, Executive and Judicial, are by this Constitution severally distributed and established in three distinct branches, viz: the Legislative, the Executive and Judicial; neither of which separate branches shall exercise the authority of either of the others, except where this Constitution authorizes.

Mr. MERRILL, of Union, resumed his remarks. He should not have troubled the committee, (he said) but, believing the effect of the amendment would be felt more extensively and more injuriously than he at first thought, he could not regard it as consistent with the duty he came here

Nor

to perform, to withhold the observations he was about to make. could he regard this as an isolated proposition, which might be passed upon alone, but as one which would render it necessary to adopt corresponding changes throughout the whole Constitution. He had, on Saturday, asked if it was intended to form a Constitution of limited and uncontroled powers, or whether it was desired to frame one adequate to the necessities and wishes of a great people? To that question, he had as yet, received no answer. Are we to put this section into the Constitution as a mere declaration of the powers of the different branches of the Government, and to leave it to each branch to construe its own powers, to claim what it deems important, and to give up what it may be willing to yield? Are we forming a Constitution for a great State, and not for a petty corporation? Are we endeavoring to provide for the wants, and meet the wishes of a great people? In amending this proposition, are we acting on any thing which has assumed a practical shape? It appeared to be the understanding of many, that the line of division between the different branches of the Government was broad and tangible, a separating turnpike. He apprehended there was some mistake in that impression. It would be as easy to detach the hues of the rainbow, and place each color distinctly and separately before the eye. Shall we trust to a mere declaration that the powers of the Government are distributed? We have that declaration now. The Constitution already declares it, and divides the powers amidst the three branches of the Government. Is it not enough? If not, why? Have these powers been abused? Has not this practical declaration of the Constitution been obeyed? If not, can any other mode be suggested, which is likely to command more obedience? The difficulty does not consist in regard to these powers which usually lie on one side of the line, or on the other. As to these, there is no complaint. The great difficulty is in placing those which lie across or near the line. No description will avail which attempts to lessen the powers, by leaving any considerable portion of them uncatalogued. It may be worth inquiry, whether, in our anxiety to obtain perfect symmetry, and uniformity in the instrument, we may not sacrifice something of its strength and solidity. There are many ingenious articles of mechanism calculated to make a beautiful machine, but when you come to put these articles together, as a whole, it will not work. So it is here, that which may look well on paper, exhibiting the most delightful symmetry, may lack that practical adaption of parts which is necessary to give it value; for, after ingenuity of arrangement, skill, and labor have been expended on it, it may still want the power to go. By leaving the Constitution unchanged, in this part, shall we leave any of the wrongs of the citizens without remedy? That is the question. Have we not the means to protect every right, and to guard against every injury? Is it not sufficient, if we leave it to the discretion of the proper branch of the Government to administer the remedy for grievances, or is it required that we create a fourth depositary of power for these objects? What is to be done with this debatable ground which lies