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NAYS-Messrs. Baldwin, Chandler, of Philadelphia, Chauncey, Coates, Cope, Crain, Crum, Cummin, Darlington, Hopkinson, Long, Meredith, Pennypacker, Porter, of Lancaster, Porter, of Northampton, Royer, Russell; Scott, Serrill, Tho mas, Weidman, Sergeant, President-22.

So the question was determined in the affirmative.

SEVENTH ARTICLE.

The amendment made in the seventh article, was read a third time, an follows, viz:

SECT. 4. The legislature shall not invest any corporate body or indi vidual with the privilege of taking private property for public use, without requiring such corporation or individual to make compensation to the owners of said property, or give adequate security therefor, before such property shall be taken.

And the question being,

"Will the committee agree to the said amendment ?"

Mr. MEREDITH, of Philadelphia, explained some remarks which he had made, and which had been misconstrued by the gentleman from Luzerne, (Mr. Woodward) who had charged him (Mr. M.) and those who acted with him, with wishing to make the amendments as odious as possible, in order that they might disgust the people. He would say in reply, that they might have been more justly charged with voting too constantly against amendments.

Mr. WOODWARD, said:

I will a second time explain. Some days since a gentleman from the city of Philadelphia, (Mr. Chandler) declared, if I understood him correctly, that the reliance of the party with which he acted, was on the hope that the people would be so disgusted with the amendments of this convention, as to reject them.

Yesterday, a colleague of that gentleman, (Mr Scott) introduced a proposition to this body, and I, in speaking to that proposition, made allu sion to the other gentleman from the city, (Mr. Chandler) and remarked that the hope on which he had said his party relied, was a forlorn hope; but, at the same time, that if it even had been the design of any one to bring forward a measure by which to disgust the people of Pennsylvania, the wisdom of the city delegation could not have designed any thing more effectual for that purpose, than the very proposition then under consideration. But I expressly acquitted the author of that proposition, of any such design. I sp. ke hypothetically.

Once for all I will say, that I never intended to intimate, because I never suspected, that any delegate from the city of Philadelphia, or else. where, would so far forget what was due to his own character, as to propose to insert in the fundamental law of the land any provision, calculated to disgust the people of this commonwealth. 1 ailuded merely to the expression of the hope to which the gentleman from the city of Philadelphia, (Mr. Chaudler) admited that he and his party were reduced, in relation to the whole subject of constitutional reform, and which hope, I went on to say, il realized at all, could only be realized by some such measure as was then proposed. I am sorry that my words gave any offence, for they were not intended to do so.

Mr. MEREDITH. I do not wish the gentleman from Luzerne, (Mr. Woodward) to suppose that I have taken any offence. I have no idea of that kind. But I thought that what I had said on a former occasion, had not been altogether understood.

Mr. Scort said. The explanation given by the gentleman from Luzerne, (Mr. Woodward) half an hour ago, was perfectly satis factory.

I rise now merely for the purpose of making a single remark as to the amendment introduced here yesterday by myself; I mean that, as to submitting the amendments separately and apart. I want to call the recollection of the gentleman from Luzerne to the fact, that that idea, although not borrowed from, followed closely upon the action of this body ou the tenth article. The convention have declared, in the tenth article, that when the legislature shall propose more than one amendment, they shall be submitted in such manner and form, that the people may vote sepa rately and distinctly upon them. So that if my proposition yesterday, could even hypothetically have the effect of disgusting the people, I take occasion to say, that the example was set by the action of the majority of the convention on the tenth article.

And the question on the final passage of the said amendment was then taken.

And on the question,

Will the convention agree to the said amendment?

The yeas and nays were required by Mr. M'CAHEN, and Mr. DarlingTON, and are as follow, viz:

YEAS-Messrs. Agnew, Banks, Barndollar, Barnitz, Bedford. Bell. Bigelow, Bonham, Brown, of Lancaster. Brown, of Northampton, Brown, of Philadelphia, Butler, Carey, Clapp, Clarke, of Beaver, Clark, of Dauphin, Clarke, of Indiana, Cleavinger, Cline, Coates, Crain, Crawford. Crum, Cummin, Cunningham, Curll, Darlington, Darrah, Denny, Dickey, Dickerson, Dillinger. Donagan. Donnell Doran, Earle, Fleming, Forward, Foulkrod, Fry. Fuller, Gamble, Gearhart, Gilmore, Grenell, Hastings. Hay. hurst, Hays, Helffenstein, Henderson, of Allegheny, Henderson, of Dauphin, Hiester, High, Hyde, Ingersoll, Jenks, Keim, Kennedy, Konigmacher, Krebs, Long. Lyons, Magee, Mann, Martin, M'Cahen, M'Dowell, M'Sherry, Meredith. Merrill, Merkel, Miller, Montgomery, Myers, Nevin, Overfield, Payne, Porter, of Lancaster, Porter, of Northampton, Purviance, Reigart. Rad, Riter, Ritter, Rogers, Royer. Russell, Seager, Scheetz, Sellers, Serrill, Shellito, Smith, of Columbia, Smyth, of (entre, Snively, Sterigere, Stickel, Sturdevant, Taggart, Thomas, Todd, Weaver, White, Woodward, Young-105.

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NAYS-Messrs. Baldwin, Chandler, of Philadelphia, Chauncey, Cochran, Cope, Harris, Hopkinson, Pennypacker, Weidman, Sergeant, President-10.

So the amendment was passed.

The amendment in the tenth article of the constitution, were then read ☛ third time, in the words following, viz:

ARTICLE TEN.

Any amendment or amendments to this constitution may be proposed in the senate or house of representatives, and if the same shall be agreed to by a majority of the members elected to each house, such proposed amandinent or amendments shall be entered on their journals, with the yeas and nays taken thereon, and the secretary of the common wealth

shall cause the same to be published three months before the next elec tion, in at least one newspaper in every county in which a newspaper shall be published; and if in the legislature next afterwards chosen, such proposed amendment or amendments shall be agreed to by a majority of the members elected to each house, the secretary of the commonwealth shall cause the same again to be published in manner aforesaid, and such proposed amendment or amendments shall be submitted to the people in such manner and at such time, at least three months after being so agreed to by the two houses, as the legislature shalt prescribe; and if the people shall approve and ratify such amendment or amendments by a majority of the qualified voters of this state voting thereon, such amendment or amendments shall become a part of the constitution, but no amendment or amendments shall be submitted to the people oftener than once in five years: Provided, That if more than one amendment be submitted, they shall be submitted in such manner and form, that the people may vote for or against each amendment separately and distinctly.

And on the question,

Will the convention agree to the said amendment?

The yeas and nays were required by Mr. CURLL, and Mr. CRAWFORD, and are as follow, viz:

YEAS-Messrs. Agnew. Banks, Barclay. Barndollar, Barni z. Bedford, Bell, Bonham. Brown, of Lancaster. Brown, of Northampton, Brown, of Philadelphia, Butler, Chambers, Clapp, Clark, of Dauphin, Clarke of Indiana, Cleavinger. Cline, Cochran, Cox. Crain, Crawford, Crum, Cummin. Curll. Darrah, D ck rson, Dillinger. Donagan, Donnell, Doran, Dunloy, Fleming. Foulkrod, Fry. Fuller, G mble, Gearhart Glmore, Grenell, Harris. Hastings, Hayhurst, Henderson, of Dauphin. Hiester, High, Hopkinson, Hyde. Ingersoll, Keim, Kennedy, Konigmacher, Krebs, Long. Lyons, Magee, Mann, M'Cahen, M'Dowell, M'sherry, Merrill, Merkel. Miller. Myers, Nevin, Over field, Payne Porter, of Lancaster, Purviance, Read, Ritter, Rogers, Russell, Scheetz, Sellers, Shellito, Smith, of Columbia. Smyth, of Centre, Snively, Sterigere, Stickel, Sturdevant, Taggart, Todd, Weaver, Woodward. Young-87.

NAYS-Messrs. Baldwin, Carey, Chandler, of Philadel, hia, Chauncry, Clarke, of Beaver. Coates, Cope, Cunningham, Darlington, Denny, Dickey, Earle, Farrelly, Forward, Henderson, of Allegheny. Maclay, Meredith, Montgomery, Pnnypacker, Reigart, Royer, Saeger, Scott, &errill, Thomas, Weidman, Sergeant, President—27. So the question was determined in the affimative.

A motion was made by Mr. Reigart,

That the rule for going into committee of the whole, be in this case dispensed with, and that the convention proceed to the second reading and consideration of the report of the committee appointed to prepare and report a schedule to the amended constitution.

The said motion being under consideration,

A motion was made by Mr. Meredith,
That the the convention do now adjourn.

Which was agreed to.

And the convention adjourned until half past three o'clock this after

noon.

FRIDAY AFTERNOON, FEBRUARY 16, 1838.

Mr. COCHRAN, of Lancaster, moved that the convention proceed to the second reading and consideration of the resolution attached to the report of the committee to engross the amendments for the question of their final passage, which was made on yesterday, and which is as follows, viz:—

Resolved. That the names of the President and Secretary of the convention shall be endorsed, each in his own proper hand-writing, on each of the skins, with their certifi cates as evidence of the same.

The motion being agreed to, the resolution was considered and adopted.

SCHEDULE.

The convention proceeded in the consideration of the following motion submitted by Mr. REIGART, of Lancaster:

“That the rule for going into committee of the whole be in this case dispensed with, and that the convention pro ·eed to the second reading and consideration of the report of the committee appointed to prepare and report a schedule to the amended constitution.

Mr. BELL considered it important that this motion should prevail, and that the report should be at once considered. The object, he presumed, was to adopt the report promptly.

Mr. REIGART asked for the yeas and nays on this question, and they were ordered.

The question was then taken, and the motion (requiring a majority of two-thirds) was decided in the negative, as follows, viz:

YLAS-Messrs. Banks, Barndollar, Bedford, Bigelow, Bonham, Brown. of Northamp ton, Clapp Cleavinger, Crain. Crum, Cummin. Curll, Darrah, Dickerson Diilinger, Donnell, Fleming. Foulkrol, Ful er, Gamble, Gearhart, Gilmore, Grene l, Harris, Hastings Hayhurst, Hiester, High, Hyde, Ingersol, Keim, Kennedy, Krebs. Lyons, Mages, Mann, M Chen. M'Dowel, Merkel, Myers, Overfield. l'ayne, Porter, of Lancaster, Reigurt, Riter Ritter. Rogers, Royer, Sacger. Scheetz, Sellers, Shellito, Smyth, of Centre, Stickel, Thomas, Todd, Weaver, White, Woodward-59.

NAYS-Messrs. Agnew, Baldwin. Bell, Chandler, of Philade'phia, Chauncey, Clarke, of Beaver. Clark of Dauphin. Clarke of Indiana. Cochran, Cope, Cox, Darlington, Denny, Dickey, Doran, Hays. Henderson, of Allegheny, Henderson, of Dauphin, Hopkinson, Jeks, Konigmacher. Long, M'Sherry, Meredith. Merrill, Montgomery, Pennypacker, Purviance. Rus ell, Scott Serri I. Sergeant, President-32. So the question was determined in the negative.

The convention then resolved itself into a committee of the whole, Mr. MERRILL of Union in the chair, on the report of the committee appointed to prepare and report a schedule to the amended constitution. The first section of the said report being under consideration, as fol. lows, viz:

First-All laws of this commonwealth in force at the time when the said alterations and amendments to the said constitution shall take effect, and not inconsistent therewith, and all rights, actions, claims and

S

contracts, as well of individuals as of bodies corporate, shall continue as if said alterations and amendments had not been made."

Mr. WOODWARD, of Luzerne, said he found that there had been mited one important word. He would therefore move to amend the section, by inserting after the word " actions," in the third line, the word "prosecutions."

The question being put, the amendment was agreed to.

The section, as amended was then agreed to.

The second section was then read as follows, viz:

Second-The alterations and amendments in the said constitution shall take effect from the first day of January, eighteen hundred and thirty

mine.

No amendment being proposed, this section was agreed to.

Third-The clauses, sections and articles of the said constition which remain unaltered, shall continue to be construed and have effect as if the said constitution had not been amended.

Agreed to.

Fourth general assembly which shall convene in December, eighteen hundred and thirty-eight, shall continue its session as heretofore, notwithstanding the provision in the eleventh section of the first article, and shail at all times be regarded as the first general assemBy under the amended constitution.

Agreed to.

Fifth-The governor who shall be elected in October, eighteen hundred and thirty-eight, shall be inaugurated on the third Tuesday in January, eighteen hundred and thirty-nine, to which time the present executive term is hereby extended.

Mr. PORTER, of Northampton, moved to amend the fifth section, in the second line, by striking therefrom the word January," and inserting in Be thereof the word December;" and by striking from the third line hereof the word "nine," and inserting in lieu thereof the word " eight," and by striking therefrom all after the word "nine," in the third Ene.

Mr. WOODWARD, of Luzerne, said that the effect of the amendment moved by the gentleman from Northampton, (Mr. Porter) would be to ad a few weeks to the term of the new governor, and which the comaittee had added to the old term of the governor. The people would not know what amendments were adopted till the meeting of the legisla tre on the first Monday of December next. The legislature would convene under the old constitution, and the new constitution would go into effect on the first day of January, 1839.

We should thus have a governor in office under a constitution that does not go into operation for nearly two months after he has become chief magistrate of the commonwealth. He having been sworn to preserve the old constitution, must be inaugurated under the new.

Mr. PORTER said, that his object was to direct the legislature to meet at the usual time, as if there had been no amendments made to the constitution. He had supposed it would be as well to let matters go on as sual until the new constitution should have gone into effect. When his

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