Imágenes de páginas
PDF
EPUB

Constitution, dissents from the report of the committee, and makes the following report :

Add the following new sections :
Sect. — The Prothonotaries, Recorders of deeds, Registers of wills,

. 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 qualified to vote at the general election, and shall hold their offices for three years, if they 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 vacancy that shall occur by death, resignation, removal, or otherwise, until such vacancy be supplied by the people, as herein before provided for.

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

SECT. 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 on the second article of the Constitution, made the following report:

The undersigned, a member of the committee to which was refered the second article of 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 transmited 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 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.

The phraseology of the fourth section ought to be so altered, as to make its provisions embrace as well the office of Lieutenant Governor as that of Governor.

The eighth section ought to be amended by striking out the words “ Or shall be established by law”.

a

[ocr errors]

The fourteenth section ought to be altered so as to read

Sect. 14. In case of the death or resignation of the Governor, or 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 said 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 than 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 determinmined, and such Lieutenant Governor be duly qualified. While acting as Governor, the Lieutenant Governor shall receive the same compensatiou as is, or may be, allowed to 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 reinoved 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 to the Governor.

THOMAS S. BELL. The first section was then read, as follows:

“Sect. 1. The supreme Executive power of this Commonwealth shall be vested in a Governor".

Mr. Stevens moved to amend the report, by inserting, as the first sec . tion, the following, and to number the other sections accordingly:

“Sect. 1. No member of this Convention shall hold any office under the amended provisions of this Constitution, except as members of the General Assembly, being eligible, as heretofore, under any of the unamended provisions thereof".

Mr. Sievens said that in offering this amendment, he did not intend to make any remarks, unless he should be called upon to do so, after other gentlemen had spoken. He presumed the yeas and nays would be called; but hoped the scene of excitement witnessed here yesterday would not be repeated.

Mr. REIGART, of Lancaster, said that when the delegate from Adams had offered this as a new section yesterday, he had some doubts as to the propriety of it; but on reflection, he was induced to change that opinion. He now thought its adoption would reflect great honor on the Convention. It will be recollected, (said Mr. R.) that many members of this Convention propose to limit the appointment of the judicial officers to a term of years. This will necessarily create many and frequent vacancies. It might be restricted to judicial officers, but, rather than not take it, he would take

a

а.

[ocr errors]
[ocr errors]

the proposition in its widest extent, Members of the legal profession were particularly liable to the suspicion of desiring to obtain the tenure of a judicial office for selfish purposes. He was, therefore, willing to go for it to that extent, or further.

It is proposed, also, to take from the Governor the power of appointing the Prothonotaries, Registers, Recor s, Clerks of courts, &c., and to give it to the people, and let them elect those officers. It has also been proposed to elect the Justices of the Peace, and, perhaps some other officers. Under the amendments which we shall, in all probability, propose to the people, there will be many elective officers created, and many others will be frequently vacated, officers will become multiplied, and there will be a contest to fill them. Now, as the best evidence of our sincerity here, and to convince the people that we at least conceive ourselves to be wholly disinterested in what we propose to them for adoption, let us divest ourselves from all interest in this matter; let us show to our constituents, if we believe that the Constitution requires amendment, we are prepared to forego the temptation of office, honor, and emolument—to sacrifice every selfish sentiment, before we enter on the great work entrusted to us. We can then, at least, come before the people with clean hands and pure hearts. In a word, let us endeavor to be notonly pure, but entirely unsuspected. By this course, we infallibly recommend whatever we may do, to the attention and respectful consideration of our constituents; they who have sent us will do us the justice to say that we have given the best pledge of our sincerity. "Tis true, they have not required it; but that is no reason why we should not give it, if we believe it to be right. For myself, if all were stricken out of the proposed amendment except judicial offices, and if the section refered to those offices alone, as a member of the profession of the law, I would most cheerfully vote for the section. Many of that profession are members here: they could not possibly give higher or more conclusive evidence of their sincerity than inserting this self-denying section. The members of this Convention have taken no oath to perform their duties with fidelity. It is true, they could have taken, such as neither of the Constitutions prescribe any for an assembly like this. Let us then give to the people something more than mere words: let us give them a positive, unequivocal act; such an one as cannot be mistaken by the people. I am aware, sir, that the framers of the old Constitution made no such sacrifice; but, sir, we are still not without precedent; the 18th section of the first article of the present Constitution, imposes a disqualification on the members of both branches of the Legislature to offices created or emoluments increased during their membership. It seems to me, sir, that such of the members as belong to the legal profession have now an opportunity to show their disinterestedness, and which I really hope they will not fail to put into practical operation, Until I hear some strong reasons urged against the proposed section, I, for one, shall record my vote in favor of this self-denying section.

Mr. PURVIANCE, of Butler, said the object of the amendment was equally unprecedented and unnecessary. The framers of the Constitutions of 1776 and 1790, had introduced nothing of this kind into their work. It was unnecessary for the reasons assigned by the gentleman from Lancaster. He was not himself disposed to present any thing to the people for the purpose of relieving the members of the Convention from the

imputation of impure motives. He was afraid to leave it to the people to decide on that. To pass this amendment, would have the effect of placing this body in a ridiculous attitude before the people. Suppose we were to pass this proposition now, and should have no amendments afterwards to present to the people, how should we appear? If the gentleman from Adams seriously intended to urge this subject, it would be better for him to withhold it until it can be ascertained if any amendments will be proposed to the people. He admired the principle of self-denial as much as any one, but he was unwilling to point out any class as fit subjects for denunciation, for the purpose of attaining popularity. Lord MANSFIELD's notion of popularity was the kind which he approved: "I like the popularity which follows a man, rather than that which is sought after". He did not approve of such attacks on lawyers, as had been made by the gentlemen from Adams and Franklin.

Mr DUNLOP explained: He had not denounced the bar. On the contrary, he beheld it with pride, as comprising some most able men.

Mr. STEVENS: I said not a word against the bar.

Mr. PURVIANCE: I understood both gentlemen as speaking against the

bar.

Mr. STEVENS and Mr. DUNLOP again disowned any such language. Mr. PURVIANCE: At least, the argument led to that conclusion. Mr. STEVENS: Is not the gentleman bound to take the explanation? Mr. DUNLOP As far as concerns me, the gentleman may make what inference he pleases-just as remote as suits him.

Mr. PURVIANCE resumed: The gentlemen had been so studious to avoid the imputation of belonging to that class, that they had come here under the name of merchants and iron masters. If the gentleman from Adams was serious in his proposition at the proper time, he would vote against it regardless of popularity, as he hoped every gentleman would, except the gentleman from Adams.

Mr. FLEMING should vote for this proposition, but for reasons very different from those he had heard suggested. He believed, viewing it as he did, that it would be a valuable provision to introduce in the Constitution, so far as it regarded professional men. He had looked into the world a good deal, and he generally found that politicians died poor men. Neither have they much satisfaction in this world. The whole course of their lives is that of toil and trouble, and vexation of spirit, and after spending a long life in the service of the State, or in efforts to get into the service of the State, they die in more straitened circumstances than when they commenced their political career. The man who sits himself down

and permits all those political aspirations to pass off as the idle wind, enjoys the most happiness. This, then, is the very ingredient in life which we are all seeking. We want a situation in life where we can enjoy the quiet of our homes, the comfort of our fire sides, and the society of our families and friends. Then, when an opportunity is afforded of making this enjoyment permanent, why not embrace it? Adopt the resolution at once, and say to the people, we deny ourselves the honor of office for the peace of our homes. He did not think we should be looking so strenuously towards the dear people, as they have been called, for offices created under the Constitution. Are gentlemen disposed to legislate now, and make a Constitution which will give each one an office? He felt that he had not sufficient

a

a

a

confidence in himself to discharge the duties of the offices which will be created under this Constitution. He did not consider himself capable to discharge many of the duties which would be imposed upon those officers ; and he did not hesitate a moment to say, that he would go cheerfully for this amendment. He would ask the democrats or radicals in this Convention, if they were going to be frightened from their proposed amendments by a proposition of this kind? Was there a professional gentleman here who could not see the object of this amendment? He would ask gentlemen of the bar in this Convention, if it was their desire, under the provisions of the new Constitution, to receive a judgeship? If there is a democrat or a radical in this Convention who was disposed to make a Constitution for the purpose of procuring a judgeship, or any other office, he is not fit to be here ; he is not the man calculated to make a Constitu• tion for a free people. Who cannot deny himself such a paltry consideration? Was it to be said of us hereafter, that we came here to alter a Constitution, and multiply and create offices for our own benefit? Let gentlemen go for the proposition, and free themselves from any such imputation. He would vote for the resolution at once, and show the country that we do not stand here to ask for judgeships, or any other offices under the Constitution. There were other means by which a man could earn his bread, and he did hope the Convention would concur in opinion that this proposition should be adopted. Let us deny ourselves these privileges of holding offices which are of our own creation. When we get to that important article of the Constitution on which this appears mainly to apply, are we to be detered from amending it by a measure of this kind. He hoped we would carry out our principles notwithstanding the resolution of the gentleman from Adams. Let us discharge our duty faithfully to the people; and then adopt this provision, and tell them we submit to you an amended Constitution, and have denied ourselves all benefit to be derived from it in the shape of office. Gentlemen need have no fear that the people will not be ably represented in consequence of this resolution. He did not believe, that all the intelligence of the Commonwealth was congregated together in this Hall. There were, to be sure, many eminent men here, but there are many eminent who are not here. There were a sufficient number of men who were able, and he had no doubt, perfectly willing, to discharge the duties of the several offices which will be created under this Constitution.

Mr. DARLINGTON could not but regret that this question was again brought to the attention of the committee. He could not agree to vote for it, because he did not think it was founded upon any sound principles of policy, or that it would be productive of any good effects in practice. He had always thought these professions of disinterestedness out of taste, and he did not mean to make any for himself. He claimed no more exemption from the frailties of human nature than any other individual ; but he would take upon himself to say that there was no man who less regarded elevations in political life, than he did. He knew of no office in the gift of the people or the Governor, which would induce him to leave his home hereafter, to enter into public life. At the same time, there are members of the Convention whose services the public have a right to claim ; and he held that no individual, when his constituents required his services, had a right to refuse to serve that public. He did

« AnteriorContinuar »