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against the motion. He desired to make such amendments as the people asked for, and nothing should influence him from that course. He would not agree to postpone, nor would he agree to leave the Convention until there had been a test vote of the Convention. He moved the previous question.
The PRESIDENT decided that the motion was out of order the Convention having already refused to-day to take the previous question.
Mr. HIESTER, of Lancaster, said, he was opposed to the indefinite postponement, and was also opposed to any adjournment before the business was concluded. It would only delay getting the question on the resolution, which he now believed a majority were deterinined to pass. He had, as the Journals would show, uniformly voted against similar propositions, and intended to vote against the present resolution also. The people expected us to complete what we had assembled to do, without an adjournment over; and that, he believed, might yet be done by about the middle of August, and before the commencement of the sickly season. He coincided in opinion with the gentleman from Lycoming, (Mr. FLEMING,) that, after we had agreed on an amendment that the Legislature should, in future, meet on the first Tuesday of January, in order to prevent the holy-day adjournments, against which there was so much complaint, it came with an ill-grace from us, to do the same that we wished io restrict others from doing.
The gentleman from Franklin (Mr. Dunlop) had given a detailed statement of the daily expense of the Convention, which he made out to be upwards of nine hundred dollars, and this, he seemed to think, was a good reason for voting for an adjournment over until next October, as he told us he would vote for the resolution. This, said Mr. H., together with the whole of the gentleman's argument, was to his mind, the best reason for voting against the resolution. For, who did not know, that if gentlemen went home for a couple of months, that they would return with a variety of new schemes and projects, and with a renewed desire to make long speeches; and that it would consequently, require double the time to get through, that would now be necessary to finish the work. But, said Mr. H., he had risen principally to say a word in support of his colleague's (Mr. KONIGMACHER) amendment. If the Convention did adjourn to the middle of October, it was very certain that they could not get through by the first Monday in December, and the Legislature would then (if it should not be sooner convened by the Governor, and which was not iinprobable) take possession of this Hall. It would, consequently, become necessary to obtain and fit out another place for the Convention to meet in. He did not know whether another house could be got in this place; but he thought, that upon a little reflection, every gentleman would agree with him, that it would not be proper for the Convention and the Legislature to be assembled in the same place, at the same time. 'There would necessarily, be a suspicion on the public mind, that one of these bodies might exercise an undue intluence over the other; and he thought there ought to be no cause given for such an imputation, or suspicion. If, therefore, the resolution was adopted, he hoped that some other place of meeting would be agreed upon. His colleague, (Mr. REIGART,) who was now not present, had informed the Convention, some time ago, that the German Lutheran church in the city of Lancaster, would be given gratis for the
Convention to sit in, if they chose to assemble there. This building was large and commodious, and might, with very little expense, be fitted up for the accommodation and convenience of the Convention. He should, therefore, vote for the amendment; and if that was not agreed to, he should, if no other gentleman did, move to insert the city of Philadelphia as the place of meeting; for, in his opinion, it was highly important that the Convention and Legislature should not be assembled here, at one and the same time.
Mr. Baldwin moved an adjournment. Lost.
Mr. Curll hoped, if the gentleman would not withdraw the motion for the indefinite postponement, that it would not prevail. He wished to have a direct vote vipon the resolution, so as to settle the question. For his own part, he had felt in favor of the resolution, but after the argument we have just heard, he had determined to go against it, and against all adjournments, until we finish our labors.
Mr. McDowell begged leave to say a word, before the question was taken. He hoped and prayed that the motion for a postponement might not prevail ; but that the question might be taken directly on the resolution, and this question of adjournment decided and settled, one way or the other, so that we may never hear more of it in this Convention, until we adjourn sine die.
The question was then taken on the motion to postpone indefinitely, and decided in the negative.
The motion to strike out “this place”, and insert “ Lancaster”, was decided in the negative.
Mr. Hiester then moved to strike out " this place", and insert “ Philadelphia."
Mr. Agnew should vote in favor of Philadelphia, because if we adjourned, until the time proposed, he thought we should meet at some other place; but by that vote he did not wish to be understood as being favorable to an adjournment at all.
Mr. Clarke called for the yeas and nays, which were ordered, and were yeas, 43; nays, 46--as follows:
YEAS—Messrs. Agnew, Bayne, Bonham, Brown, of Northampton, Brown, of Philadelphia, Butler, Clarke, of Beaver, Clark, of Dauphin, Clarke, of Indiana, Cochran, Crain, Darrah. Donnell, Doran, Dunlop, Earle, Farrelly, Fleming, Gamble, Gearhart, Grenell, Hayhurst, Hellfenstein, Hiester, Keim, Kerr, M'Sherry, Miller, Montgomery, Myers, Nevin, Purviance, Read, Riter, Ritter, Shellito, Smith, Smyth, Sterigere, Stevens, Stickel, Taggart, Young-43,
NAYS--Messrs Baldwin, Barclay, Barndollar, Carey, Chambers, Chandler, of Chester, Chauncey, Cleavinger, Cline, Crum, Cummin, Curll
, Darlington, Denny, Dickerson, Dili nger, Forward, Foulkrod, Fry, Fuller, Gilmore, Hastings, Henderson, of Allegheny, Henderson, of Dauphin, Hopkinson, Houpt, Hyde, Jenks, Kennedy, Konigmacher, Krebs, Maclay, Mann, M'Call, M'Dowell, Meredith, Merkel, Overfield, Penny packer, Pollock. Porter, of Northampton, Rogers, Russell
, Sargar, Scott, Sellers, Serrill, Scheetz, Sill, Snively, Swetland, Thomas, Todd, Weidman, Sergeant, President—55.
So the question was decided in the negative.
Mr. CHANDLER, of Chester, moved that the Convention do now ad. journ. Lost.
The question was then taken on Mr. Bayne's amendment, and decided in the negative,
Mr. Riter moved to strike out “this place", and insert “ Germantown”, which was negatived.
Mr. OVERFIELD modified his proposition, so as to read the fifteenth of July.
Mr. Stevens moved to strike out “this place", leaving it to be decided hereafter, where the Convention should meet.
Mr. Read thought the amendment should be modified, because, if the resolution were passed with a blank in it, no place would be named where the Convention should meet again.
The President said a blank would not be left in the resolution, and that the Convention would meet here.
Mr. STEVENS moved to amend the resolution by striking out the words “sixteenth day of October”, and inserting " third Tuesday of November", and to add at the end thereof, as follows, viz : “And provided, That at the next general election, the question whether this Convention shall reassemble, shall be submited to the people, in the following manner, to wit: Tickets containing on the outside, the word “Convention", and on the inside “ assemble", or "not assemble”, shall be received by the Inspectors from the legal voters of this Commonwealth, and carefully counted, and returned to the Secretary of the Commonwealth, as is provided for in the election of Sheriff ; and the said Secretary shall open and count the same within days of the day of said general election; and the Governor, by proclamation published in each county of the State, shall announce the result; and if the tickets, containing the word “ assemble”, shall exceed those containing the words “not assemble”, then the Governor shall so state and notify the Convention to re-assemble; but if the majority of votes, thus given, shall not be in favor of the Convention re-assembling, then this Convention shall not again meet, but be dissolved ; and that the amendments to the Constitution, already agreed upon, in committee of the whole, as well as the proposition now pending, with regard to county officers, be submited to the people at the next general election, for their ratification or rejection".
Mr. Doran moved that the Convention do now adjourn. Lost. * Mr. Crun asked for a division of the question, to end with the words “third Tuesday of November”.
Mr. STERIGERE, after remarking that the attendance of the members was but thin to-day, and that it was proper the question ought to be taken when the Convention was more full, moved that the further consideration of the resolution and amendment, be postponed till Saturday.
The question was taken on postponing, and decided in the negative.
Mr. M'DOWELL opposed the motion to postpone, and expressed his hope that the question of adjournment would now be setiled for ever.
Mr. M'Call intiinated that it would be much more convenient to adjourn on the 12th, as three days would then be left for members to reach their homes before the Sabbath, as it would be improper to travel on that day.
The question then recuring, was on the adoption of the amendment of Mr. STEVENS.
Mr. MEREDITH said that a division of the question had been demanded, and he entertained some doubts whether it was divisible,
The PRESIDENT ruled that, as the question presented two independent propositions, it was divisible.
Mr. Doran, of Philadelphia, asked for the yeas and nays.
Mr- HIESTER, of Lancaster, demanded the previous question, which was sustained ; and the question was then taken on agreeing to the resolution, which was negatived-yeas, 44, nays, 55, as follows:
Yuas-Messrs. Barclay, Carey, Chambers, Chandler, of Chester, Chauncey, Crum, Cammin, Darlington, Dillinger, Dunlop, Forward, Foulkrod, Fry, Fuller, Hastings, Henderson, of Allegheny, Hopkinson, Hyde, Jenks, Kennedy, Konigmacher, Krebs, Maclay, Mann, Martin, M'Call, M'Dowell, Overfield, Penny packer, Pollock, Porter, of North. ampton, Read, Russell
, Saegar, Scott, Sellers, Serrill, Scheetz, Sill, Snively, Swetland, Thomas, Todd, Weidman–44.
Nays-Messrs. Agnew, Baldwin, Barndollar, Bayne, Bonham, Brown, of Northampton, Brown, of Philadelphia, Butler, Clarke, of Beaver, Clark, of Dauphin, Clarke, of Indiana, Cleavinger, Cline, Cochran, Crain, Curll, Darrah, Denny, Dickerson, Donnel, Doran, Earle, Farrelly, Fleming, Gamble, Gearhart, Gilmore, Grenell, Hayhurst, Helffenstein, Henderson, of Dauphin, Hiester, Houpt, Keim, Kerr, M'Sherry, Meredith, Merkle, Miller, Montgomery, Myers, Nevin, Purviance, Riter, Ritter, Rogers, Shellito, Smith, Smyth, Sterigere, Stevens, Stickel, Taggart, Young, Sergeant, President—55.
So the resolution was negatived. The Convention then took the usual recess, till 4 o'clock.
MONDAY AFTERNOON-4 O'CLOCK.
Mı. Bayne, 'on leave, moved that when the Convention adjourn, it adjourns to meet on Wednesday morning, at 9 o'clock-ayes 30, noes 59.
Mr. STERIGERE submited the following resolution as an additional rule, and moved its consideration, which was negatived, and the resolution was laid on the table :
Resolved, That the following be added to the standing rules of the Convention:
Rule 41. Not more than one hour in any day shall be devoted to the consideration of motions and resolutions.
SIXTH ARTICLE. The Convention again resolved itself into committee of the whole on the sixth article of the Constitution, Mr. CHAMBERS, of Franklin, in the Chair.
The question pending, being on so much of the report of the committee as relates to the third section, in the following words, viz:
SECTION 3. In every county, having for the time being five thousand or more taxable inhabitants, one person shall be elected Recorder of deeds and mortgages, and one person shall be elected Register of wills and tes. taments, and in every county, having for the time being less than five thousand taxable inhabitants, one person shall be elected, who shall be Recorder of deeds and mortgages, and Register of wills and testaments, to hold their offices for a term of three years ; but, no person shall be more than twice elected in any term of nine years.
Mr. Hastings, of Jefferson, moved to amend the same, by striking therefrom all after the words - Section 3”, and inserting in lieu thereof, the following, viz :
" The public improvements of this Commonwealth shall be under the control of three Canal Commissioners, who shall be elected by the citizens
of the Commonwealth, at the same time and places of election of Representatives. At the first general election after the adoption of this Constitution, one shall be elected to serve for the term of one year, one shall be elected to serve for the term of two years, and one shall be elected to serve for the term of three years; and, annually thereafter, one shall be elected to serve for the term of three years. NO
person shall be eligible to that office for a longer period than three years, in any term of six years”.
The question being taken on this motion to amend, it was decided in the negative.
Mr. Brown, of Philadelphia, moved to amend the report, by striking out all after the words “ Section 3”, and inserting in lieu thereof, the following, viz:
" Three County Commissioners, one annually, and a County Treasurer shall, at the times and places of election of Representative, be chosen by the citizens of each county, who shall hold their offices for three years, and until others are elected and qualified. Vacancies in the board of County Commissioners shall be filled at the next annual election; but, no person shall be twice chosen commissioner in any term of six years”.
Mr. Brown said, this would only be placing in the Constitution what was now in the law. He considered it desirable that these officers should be made permanent, by being provided for in the Constitution, and not be liable to be turned out. On that account, the Clerks of the various courts had been so placed in a previous provision in the Constitution. These officers were now in the power of the County Commissioners. If one class of officers were placed in the Constitution, the other should. As many officers as were necessary to carry on the Government, should be permanent. For that purpose, he wished to place these officers in the Constitution, not with a design to change, but to fix their character beyond the reach of legal enactments. If the proposition were negatived now, he should renew it on the second reading.
Mr. READ, of Sesquehanna, did not understand the policy of the gentleman, in introducing amendments which threw every thing into confusion. The County Treasurer was provided for in the next section.
Mr. Brown modified his amendment, by striking out the words “and a County Treasurer”.
The question was then put, and the amendment of Mr. BROWN was negatived.
So much of the report, as is called the third section, was then agreed to.
So much of the report of the committee, as is called section fourth, was then taken up for consideration, as follows :
SECTION 4. One County Treasurer, one County Surveyor, and one Notary Public, shall be elected in each county ; the Treasurer for a term of two years ; the Surveyor and Notary for a term of three years ; but no person shall hold the office of County Treasurer more than four years in any term of eight years; the Legislature may provide, by law, for the election of so many additional Notaries Public, in any city or county, as shall be deemed necessary. All officers elected under this section, and under the second and third sections of this article, shall be elected at the times and places of election of Representatives.