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to do with the courts. But the court can, if need be, adjourn so as to permit the lawyers and suitors to attend the election. The time ought to be selected with reference to the convenience of the greatest number of voters who were the farmers. Even if the lawyers and the courts were pùt to a little inconvenience by fixing the day proposed, that consideration was counterbalanced by the expense of the double elections. Put the hundred and sixty thousand dollars in one scale and the convenience of the lawyers in the other, and see which will kick the beam. In the first place the time named was a leisure time with the farmers, and, second, the weather at that season was pleasant and delightful. It was in the height of the Indian summer of our country which was so much celebrated by IRVING and other writers, and which was regarded by all travellers as one of the finest seasons known in any country or climate. If a man is any thing of a sportsman, he can take his rifle along with him as he goes to the election, and, to say nothing of smaller game, he may chance to kill a deer on his way. The old hunters in this State always used to carry their rifles at this season.

It had happened sometimes, of late, that there was no Indian summer--perhaps because the Indians behaved so badly they did not de serve any--but we have it four years out of every five. When the Constitution was framed our planters sowed their wheat earlier than they do now, by two weeks. The depredations of the Hessian Fly had induced many to defer the period of sowing. Last year, most of the wheat was sown after the October election : but a neighbour of his who sowed on the day of election, made a good crop, while others who sowed later, lost their's. Many pride themselves on getting their wheat seeded before the election. If I am done with seeding by the first Tuesday of October, I think I have done well. A great many of the farmers were occupied at the time of the election, as now fixed. It was, with many, their busiest and most important season ;--and gentlemen might talk as much as they liked about the buck wheat harvest, the seeding of the wheat was the most important operation of the farmers. But it was said that the General Government would interfere with the election if it should be fixed on the same day with that of the election of electors of President and Vice President. If they choose to interfere, can they not do it at one time just as well as at another? No more influence could be exerted on one day than on two. It would be impossible to prevent men from interfering with an election in the result of which they were interested. The hangers-on upon the General Government would look to their own interests, but he knew of no facts which showed that the General Government interfered directly in the State elections. If the office holders in Philadelphia exerted themselves at the polls, it was probably not because they were specially instructed to do it, but because it would promote their own interests. A certain gentleman in Philadelphia, whose name he would not mention—a certain Postmaster--was always exceedingly busy at the elections, but he presumed not under the instructions of the General Government, though there was good ground for believing that the Government had issued no order forbidding such interference.

'We had done all that was in our power to avoid it when we provided that no person holding an office under the United States should hold one under this state. The gentleman from Philadelphia county (Mr. McCahen,) need not say that men are not influenced by holding a government office, All men look to their own interest

and provide for it. Any man who holds an office at the will of an individual will, of course, endeavor to promote the interest of that individual, and cultivate his favor. Every one who holds an office at the will of the General Government, will be disposed to exert an influence in behalf of the Government. He did not refer to the gentleman from the county--who had said that he was not influenced by such motivés--and he had no reason to discredit him. There was no help for this. It must exist, no matter when the elections were held. Did not every one know that Government influence was exerted at the October elections ? and that the result of the October elections was considered as deciding the Presidential election in November? In the struggle between Jackson and Adams, the chief efforts were made, on both sides, at the October election ; and, at the electoral election which followed, the polls were deserted. The question was considered as settled by the October election. Last year, there was a great rally at the November election, because it was thought necessary to resist some particular measures of the Government. But the General Government would exert its influence at the State election, whether it was held in October or in November. If therefore, the first of November was a time of leisure among farmers ;--if the season of the year was as pleasant as in October ;-if no greater influence of the General Government could be brought to bear on the State elections at one time than at the other; and if it would be a saving of expense of at least a hundred and sixty or seventy thousand dollars, it was incumbent on us, he thought, to adopt the amendment.

Mr. EARLE was opposed as much as any one to the influence of the General Government upon State elections. It was his ardent desire to diminish this influence as much as possible, and he would go at all times for any measure which would have a tendency to diminish it: but he believed the influence would not be exerted to so great an extent by having both elections on the same day. As an evidence of this he thought he need only refer to the fact that in the county of Philadelphia the delegates to this Convention who were elected on the same day with the electors of President, had eight hundred less of a majority than the members of the Legislature of the same party who were elected in October. He might also refer to the city of New York where the candidates opposed to the executive were elected on the same day with the Presidential elec, tion. Gentlemen seemed to think this amendment would not be agreed to by the people because it was too radical. Now he did not think it so radical, and if he was to judge of the people by the farmers in the Convention he thought it would be agreed to, as they appeared to be favorably disposed towards it. He understood too that in 1790 they fixed the election to come immediately after the season for sowing wheat. The seasons however had changed, and wheat was not now sowed so early as it was at that time, so that this would be a good argument in favor of fixing the day later than it was in the present Constitution. Some of the people in the country have to go ten or twelve miles to the polls and it would

much more convenient for them to have both elections on the same day; and that day he thought would be most convenient if it was in the first week in November. It was well known to every one who had taken notice of the seasons that the weather was more agreeable in that month than it was on the second Tuesday of October, He hoped the committee

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would not rise but that the question would be taken before we adjourned.

Mr. BELL hoped the question would be taken without further debate, as it must be evident that every gentleman had made up his mind.

The question was then taken on Mr. PURVIANCE's amendment, and decided in the negative--ayes 54, noes 58.

Mr. Cox then moved to strike out the “ fourth Monday in October”, and insert the first “ Thursday in November”, which was decided in the negative.

Mr. Jenks then moved to strike out “ Tuesday", and insert “ Thursday”.

Mr. J. said he held, that it was desirable that every citizen of the Commonwealth, who was a qualified voter, should have the opportunity of giving his vote. Now, in many of the eastern counties, Tuesdays and Fridays are what is called market days, and the farmers, who go to market on those days, would be unable to attend at the polls. He presumed the amendment would not injuriously affect any other portion of the State, and if it did not, he hoped it would be adopted.

Mr. Darlington said, the religious meetings of the Friends were held on this day, and it would prevent them from attending.

The amendment was then decided in the negative, without a division.

Mr. Cox then moved to strike out the “fourth Tuesday in October”, and insert the " second Tuesday in September, and that the electors of President and Vice President of the United States, shall be elected on that day".

Mr. STERIGERE did not know that it was necessary to say one word to prevent the adoption of this amendment; it was merely a renewal of that offered by the gentleman from Adams, (Mr. STEVENS) and withdrawn by him. He would remark, however, that that part in relation to the electors for President would be useless, as the Constitution of the United States devolves the right of prescribing the manner in which the electors shall be appointed on the Legislature of the State, and authorizes Congress to determine the time of choosing them. This cannot be fixed by any provision in a State Constitution. On this subject, the acts of Congress, and of the Legislature, would be the supreme law, and might be altered without any regard to the State Constitution. This part of the amendment would be perfectly nugatory, if adopted, and ought to be rejected.

Mr. Cox modified his amendment, by omitting that part of it in relation to the electors of President and Vice President.

The question was then taken, and the amendment negatived, without a division.

The amendment offered by Mr. DUNLOP was then negatived. Mr. CĽARKE, of Indiana, suggested, that the city of Pittsburg be added after the city of Philadelphia. The city of Pittsburg had now, he apprehended, as many inhabitants as the city of Philadelphia had in 1790 ; and, if he was not greatly mistaken, it would have, in forty seven years after this, as many inhabitants as Philadelphia now has. Be thought it ought

He to have a separate representation, but he should not make the motion at present, but had merely called the attention of the delegates from that city to the subject.

Mr. FORWARD remarked, that such motion could be made on second reading, if it was deemed necessary. He would not now, however, make it.

Mr. DARLINGTON called for the yeas and nays, which were not ordered.

The vote was then taken on that part of the report of the committee, which proposed to strike out of the Constitution the “second Tuesday”,

. and insert the fourth Tuesday" of October, when it was negativedayes 57, noes 59.

The committee then rose, reported progress, and obtained leave to sit again on to-morrow, when

The Convetion adjourned.

FRIDAY, JUNE 2, 1837.

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Mr. Cope, of Philadelphia, presented the memorial of a number of citizens of Philadelphia, praying for a restriction on the Legislature, on the subject of authorizing a lottery grant, which was refered to the committee on the ninth article.

Mr. STEVENS submitted the following resolution, which was laid on the table, and ordered to be printed :

Resolved, That this Convention will adjourn sine die, on the seventh day of July

next.

FIRST ARTICLE.

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

The question being on the 3d section, as reported by the committee. Mr. EARLE asked if it was in order to amend the 2d section.

The Chair thought it would not be in order. It would have been in order to make any amendment to the report of the committee, but not afterwards.

Mr. Dunlop said, he still considered the second section as under consideration. The committee had decided against the report of the committee, and he now wished to amend the original section. He wished the committee to take up the report of the committee again, for the purpose of amending it. He desired to move an amendment, by striking out the word " annually”, and inserting “ biennially”.

The Chair expressed its opinion, that as the report of the committee on the whole article was before the committee of the whole, and as only so much had been negatived as refered to the amendment of the second section, the residue of the report was still before the committee, until the whole of it should have been disposed of.

Mr. STEVENs said the Chair was undoubtedly right, and the gentleman from Franklin (Mr. Dunlop) was wrong. The report was to be considered in the position of a bill. When the committee of the whole was engaged on a bill, the sections were open to amendment, when any amendments might be offered, and after all the sections were gone through, the vote was taken on the bill. If the whole of the sections were gone through, it was not in order to re-open them for amendment.

Mr. DUNLOP disagreed as to the fact. The section was not done with. He asked the gentleman from Adams (Mr. STEVENS) if the committee had refused to rise yesterday; whether amendments might not have been offered to the section. The committee did not report the report of the committee, but merely reported progress.

The Chair said, with a view to bring the question before the committee, it would now decide that the motion of the gentleman from Franklin was out of order, so that an appeal might be taken. Mr. Read then appealed from the decision.

The Chair then put the question on the appeal. The Chair had decided that the second section had been disposed of, and that it was no longer open to the action of the committee for the purpose of amendment, and from this decision an appeal was taken.

Mr. READ said that it was now evident that he had spoken in the spirit of prophecy, a few days since, when he said that unless the reports of the standing committee were before the committee of the whole in an engrossed form, these difficulties would be found to meet us at every corner. He still thought that it would be better to retrace our steps, and recommit the report to the committee on the first article, with instructions to report it in an engrossed form. Not half a day would pass, without questions of this perplexing character being stated, unless that course should be adopted." He would ask the Chair, whether it would not be in order, at any time, to offer an amendment to the report of the committee ? Could it be believed that the Convention would have consented to submit these articles to the standing committees, if the effect was to be to preclude gentlemen from offering the propositions which they were prepared to submit, to carry out the views of their constituents? He had labored under an entire misapprehension, if under such impression, there would have been found ten votes for such reference, if it had been understood that by such a course, all other amendments but those emanating from the committees, would have been precluded. Whatever was before the committee of the whole, was, from the beginning, subject to its action. The committee had yesterday only reported progress, and asked leave to sit again; and the only effect of this was to prevent, at that time, any motion to amend. If the standing committee reported an amendment, the voice of that committee went no farther than that amendment. The effect of the decision of the Chair was to cut off all power on the part of members, to place their propositions on record, or to altor or amend. It would be a great saving of time, if the committee would now rise, report progress, and ask leave to sit again, for the purpose of instructing the committee on the first article to report in an engrossed form. Then there could be no differences of opinion. All would be fair and plain, because the engrossed report would be understood by all.

Mr. DENNY: The gentleman from Susquehanna still persists that the report should be refered back to the committee to be presented in an engrossed form. The section under consideration is engrossed. So far, it is before the committee of the whole in the form which the gentleman requires. We may compare the article of the Constitution to a bill. It is competent to the committee to report amendments to it, or no amendments. If it be recommitted for amendment the committee do not report back the entire section in an engrossed form, but merely the amendment

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