Mr. DARLINGTON of Chester, moved further to amend the report in the 12th line, by adding the words-To the Pennsylvania Hospital Library, one copy," and in the 13th line, to strike out "ten" and insert "nine."

Mr. PORTER, of Northampton said, that if this motion was agreed to, he would move an amendment, to supply every college in the state with a copy.

Mr. Cox, of Somerset, suggested that the amendment of the gentleman from Chester, was not in order. The vote was taken on the motion to reconsider, for the purpose of introducing a special amendment.

Mr. M'SHERRY accepted the amendment as a modification of his amend

ment.

Mr. SMYTH, of Centre, asked for the yeas and nays on the amendment, and they were ordered.

The question was then taken on the motion of Mr. M'SHERRY and decided in the negative by the following vote, viz:

YEAS-Messrs. Barnitz, Brown, of Lancaster, Brown, of Philadelphia, Chambers, Chandler, of Philadelphia, Clark, of Dauphin, Cline, Cope, Cox, Crain, Cunningham, Darlington, Hays, Hiester, Hopkinson, Ingersol', Kerr, Mac'ay, M'Cahen, M'Dowell, M'Sherry, Mefrill, Nevin Purviance, Read, Riter, Royer, Russell, Saeger, Snively, Todd, Young, Sergeant, President-33.

NAYS-Messrs. Agnew, Ayres, Banks, Barclay, Barndollar, Bedford, Bell, Bonham, Brown, of Northampton, Clarke, of Beaver, Clarke, of Indiana, Cleavinger, Cochran, Crawford, Crum, Cummin, Curil, Darrah Dickerson, Dillinger, Donagan, Donnell, Fleming, Forward, Fry, Fuller, Gamble, Gearhart, Gilmore, Har's, Hastings, Hayhurst, He ffenstein, Henderson, of Al'egheny, Henderson, of Dauphin, Houpt, Hyde, Kim. Kennedy. Konigmacher, Krebs, Long, Magee, Maun, Martin, Merkel, Miller, Montgomery, Overfie d, Pollock, Porter, of Northampton, Ritter, Sellers. Se tzer, Serrill, Shellito, Smith, of Columbia, Smyth, of Centre, Stickel, Sturdevant, Taggart, Weaver, White, Woodward-64.

The report of the committee was then agreed to.

SIXTH ARTICLE.

The convention resumed the second reading of the report of the committee, to whom was referred the sixth article of the constitution, as reported by the committee of the whole.

The sixth section of the report, as amended, being under consideration,

Mr. PAYNE, of M'Kean, moved that the convention reconsider the vote of the 27th instant, on the said report, so far as relates to the sixth section, as amended.

Mr. PAYNE stated his object to be to move an amendment which he had prepared, and had intended to propose on Saturday, but the number of amendments which were offered, precluded him from doing so. The amendment of the gentleman from Northampton, (Mr. Porter) which had been agreed to, would not answer the expectation or meet the approbation of the people. The people in the townships would get at variance with the people in the boroughs, and elect officers resident in the most remote part of the counties. The choice, if the former were the strongest, would always go against the boroughs. He had another objection. In the town

ship he represented, the large boroughs were thinly populated, and require no justices. He intended to move to reject the whole section as amended, and to substitute the amendment which he had prepared.

I am not, said Mr. Payne, very particular about this matter, but I should like to have the vote reconsidered, in order that we may, at all events, have an opportunity to strike out the amendment of the gentleman from Northampton, (Mr. Porter) if for no other purpose. I hope, also, that some gentleman will prepare an amendment providing for the regulation. of the districts.

Mr. FULLER, of Fayette, said it appeared to him that it would be entirely useless to reconsider this vote. The very objection raised by the gentle. man who has just taken his seat, said Mr. F., is to my mind evidence against the necessity of a reconsideration.

Mr. F. made a few brief remarks in reply to the objections of Mr. Payne, which, however, could not be distinctly caught, and concluded by saying

The amendment prepared by the gentleman from Northampton, (Mr. Porter) which was engrafted on to the section on Saturday is, in my view, entirely harmless. I think, indeed, that we could do as well without it, as with it. And I can see no necessity to reconsider the vote.

Mr. PAYNE said, that the gentleman from Fayette, (Mr. Fuller) did not exactly answer the objections which he had urged against the amendment, and in favor of a re-consideration. Those objections, said Mr. P. were, that where there was a borough in the township, and the balance of the township were able to out-vote that borough, they would, in nine cases out of ten, elect their officers, and deprive the borough of their officers, although it is known that the borough is the place where the officers ought to be elected. It is there that men of business are generally to be found. In nine cases out of ten, where they were able to do it, they would elect their justices at the further end of the township, and if it is to be a constitutional provision, that no borough shall be a separate district, the legis lature will have no power over it.

Mr. WOODWARD, of Luzerne, said that he felt generally disposed to vote against all motions to reconsider, unless the necessity for so doing, should be made very apparent. My reason for this is, said Mr. W., that I am anxious to go ahead, and to get through our business with as much des. patch as is possible, with a due regard to safety.

In the present instance, however, I am inclined to the opinion that the vote ought to be reconsidered, as I think that the amendment of the gentleman from Northampton, was adopted without proper reflection; and, if it were not so, I feel satisfied, in my own mind, that its practical operation will be injurious, and therefore, it is, that I am disposed to reconsider the vote, in order that we may get at that amendment. It seems to me to be unreasonable in its character, mischievous in its operation, and such as cannot be otherwise than unacceptable to the people. And I hope that the reconsideration will take place without more words; and but simply for the purpose, as I have said, of getting rid of the amendment of the gentleman from Northampton, which, I cannot help thinking, was adopted unadvisedly and without due consideration.

VOL. XI. C

Mr. CHAMBERS, of Franklin, said that when the previous question was demanded and sustained on Saturday last, he was under the impression that the whole section was not in the form required for perspicuity and certainty. And, notwitstanding, that several gentlemen were then of opinion, that it had been adopted after mature deliberation and reflection, I think, said Mr. C., that it is now evident to all, that what was done, was hastily done, and that it is deserving of reconsideration, not, however, for the purpose indicated by the gentleman from M'Kean county, (Mr. Payne.)

There seems to me to be a misunderstanding in the minds of some gentlemen, in relation to the mode of election, in most of the boroughs of the state. In the county which I in part represent, there are boroughs that elect by the voters of the township for all county officers. They are boroughs for certain limited purposes only, and I understand this to be the case in other counties of the state. Now, an amendment to a certain extent, such as that submitted by the gentleman from Northampton, and adopted on Saturday, is requisite for these boroughs and townships, as there are many of them; for, in the absence of such a provision, boroughs having fifty or one hundred taxable inhabitants, would be a separate district for the election of these officers. All details in relation to these districts, ought to be left to the discretion of the legislature. The amendment as at present adopted, reads :

:-

"No borough forming part of a township shall be a separate district; aud no borough or township shall constitute more than one district for electing justices."

Now, there may be boroughs of such a size that it would be proper to let them vote for their justices, and this I think ought to be left to the legislature. The amendment I think should be modified in this respect; probably the difficulty might be obviated by the introduction of the words, until otherwise directed by law."

I suggest also another matter to the consideration of the convention.

I would ask the members whether or not, under the section, as it was reported to us from the committee of the whole, it is imperatively enjoined upon the people of all the townships in the state to elect aldermen as well as justices of the peace? Is it not imposed upon the voters in all the townships of the commonwealth to elect aldermen as well as justices of the peace? Is it not enjoined upon all voters in the city of Philadelphia, that they shall elect justices of the peace as well as aldermen? Should not the word "or" be substituted for the word "and"? In forming a constitution, we ought to use certain and unambiguous language-language which will not admit of a doubtful construction.

66

I hope that the motion to re-consider will prevail, in order that the attention of the convention may again be brought to this section, important as it is to the people of the commonwealth.

Mr. BANKS, of Mifflin, said that it had for the most part been his rule to sit still and listen during the protracted discussion which had taken place on this section of the constitution.

When, said Mr. B., the gentleman from the county of Philadelphia)

called for the previous question on Saturday last, I felt as though we were likely soon to be brought into a situation which, as the gentleman himself must by this time have discovered, would not answer our purposes. I begin to fear that there is a probability that we shall leave the constitution, And in this particular, in a worse condition than it was when we took it up.

The remarks of the gentleman from Luzerne, (Mr. Woodward) from M'Kean, (Mr. Payne) and from Franklin, (Mr. Chambers) are all of them in my judgment appropriate.

But there is one matter which has not been spoken of by them. Is it intended to leave justices of the peace a jurisdiction over commonwealth cases, as well as civil cases? If the terms of the section are permitted to remain as they now stand, the jurisdiction of the justices of the peace is either limited by the wards, boroughs or districts in which they may be elected, or it is co-extensive with both. The amendment of the gentleman from Northampton, which now forms a part of the section, provides that the legislature shall not authorize the election of justices of the peace, in boroughs forming parts of townships.

What is the exact meaning of this amendment, it is for the gentleman from Northampton to explain, for I do not think that any other member can do so. There are boroughs in the state that are joined with the townships in the election of certain officers, but it is not to be presumed that they will remain stationary in point of population. It is most probable that in a few years, many of those boroughs which now contain but from fifty to a hundred taxable inhabitants, may contain five hundred or more. I hope that the gentleman from Northampton, will vote in favor of the motion to re-consider.

As to the proposition to limit the number of the justices of the peace to two to each district, according to the amendment originally offered by the gentlema from Fayette, (Mr. Fuller) I have much doubt as to its propriety. For my own part, I should like to see a provision inserted in the constitution of Pennsylvania, similar to that which is to be found in the constitution of the state of Michigan, where the justices of the peace are elected for the term of four years-one to go out every year, and, consequently, one to be elected every year. could limit the number to five, except in boroughs, wards and so on, I should be gratified if we where there might be an immense mass of population. At all events, I hope that the motion to re-consider will prevail, so that an opportunity may be given to us to put this section in a less objectionable form.

Mr. PORTER, of Northampton, said that he could not exactly tell whether the gentleman who had just taken his seat. (Mr. Banks) intended to read him a lecture, or not. If he did so, said Mr. P., 1 will at any rate take it in good part. and I will briefly explain why I offered the amendment which has called forth so much animadversion.

I suppose it is competent for a member of this body to be opposed to this mode of electing the justices of the peace, and yet that, finding his opposition unavailing, he may use his best exertions so to regulate that. mode as to make it as little objectionable as possible. This is precisely the position in which I stand. From first to last, I have been opposed to the entire section, because it proposed that the justices of the peace should be

elected. It is known to all the members of this convention, that I have always been opposed to the election of judicial officers; but since the principle had been settled in committee of the whole, that the justices should be elected, and as there appeared no disposition to change it, I felt desirous that the section should at all events go forth to the people in as unexceptionable a form as possible. I am above all subterfuge; and whatever gentlemen may be pleased to think of my course, they may be assured that they will never find me flinching from what I believe to be a conscientious discharge of my duty.

I do not know that I shall make any objection to the re-consideration of the vote, if the section can thereby be made more perfect. That part of the amendment which says that no borough, forining part of a township shall be a separate district, &c., was no project of my own. It was introduced by the gentleman from Franklin. But I do not wish to see justices of the peace multiplied beyond the proper number. I am of opinion that we have too many already. It is conceded upon all hands that we have too many-I shall, therefore, go in favor of any proposition which will restrict the number. I voted for the amendment introduced by the gentleman from Fayette, because I thought it would have that effect. In my borough we have about six hundred voters. It is divided into two wards; we have seven justices of the peace, and only two of them that do business -at all events, the remainder do but little, if any. I believe that two would be amply sufficient for the transaction of all the business there. I entertained the opinion, therefore, that no borough forming part of a township, should be a separate district. Probably, a little phraseological alteration, such as the introduction of the words "until otherwise directed by law," as suggested by the gentleman from Franklin, (Mr. Chambers) might be desirable.

I repeat that, after all the efforts which I could make to render the section as unobjectionable as possible, I felt myself bound to vote against it, because I could not give my sanction to the principle it contained in reference to the election of judicial officers.

Mr. FORWARD, of Allegheny, said the convention should bear in mind that although in the section as it now stood, the number of " "two" justices of the peace was mentioned, still there was nothing imperative in that respect. The number might be fixed by the legislature, and although the word two was mentioned, yet in some places there might only be one elected. I think, said Mr. F., it would be better to elect separately either one or two justices of the peace, or to leave the matter to the direction of the legislature. At all events, I think the vote should be re-considered in order that the amendment of the gentleman from Northampton, (Mr. Porter) may be made more acceptable. I think that it would be better to leave the boroughs to elect their justices of the peace; otherwise, I apprehend that much inconvenience might be produced.

Mr. HIESTER. of Lancaster, said that he had been opposed altogether. to the adoption of this section, for the reasons, which on a former occasion, he had explained to the convention. But, said Mr. H., inasmuch as I know it to be certain that the principle laid down in it would be adhered to by a decided majority of the members of the convention, I was disposed like the gentleman from Northampton, (Mr. Porter) to do all within my power to render the section as perfect as possible.