Слике страница
PDF
ePub

Mr. MANN then modified his proposition so as to make it read, "the judges shall be ineligible after they are sixty-seven years of age ;" and thus modified, his amendment was then disagreed to.

Mr. INGERSOLL was fearful, the remark he had made a few minutes ago had not been heard. He was opposed to the amendment of the gentleman from Allegheny, for the reason that such men as Judge Story or Chancellor Kent, who might be appointed at the age of thirty years, would be cut off from holding their office at the age of forty-five years; and just at the time too, when they would be more competent to fill the office, than they had been at any former period of their lives. This would be telling a man that there was no use of preparing himself to fill the office with great ability, because, just when he would become most fit to discharge his duties, he must leave. This was by far the most radical proposition which we have had presented to our consideration; and if the gentleman had any reasons to give in its favor, he should like to hear them.

Mr. INGERSOLL then called for the yeas and nays, which were ordered. Mr. FORWARD did not object, he said, that the judges of our supreme court should be appointed in the same manner that Judge Story and Chancellor Kent were appointed, namely, during good behaviour. He would vote for that proposition which would put the judges of our supreme court on an equal footing with them. He was sure that we might obtain the services of excellent men in this way, and he hoped that those who took exception to the tenure for good behaviour, would take to heart the remarks made by the gentleman from the county of Philadelphia. His reasons for offering this amendment, he had given to the Convention when he submitted it. He had submitted it, so that no political and sinister influence might be brought to operate upon the judges of the supreme court, at times, when they would be expecting a re-appointment. He wished to give the people the benefit of an independent, free and firm judiciary, and that, which would please him best, would be the tenure under which Judges Story and Kent held their offices.

He was pleased with the proposition of the gentleman from the county of Philadelphia, (Mr. Ingersoll) which had been brought to the notice of the committee at the conclusion of that gentleman's speech, because, it gave the judges their offices for good behaviour. He was desirous, however, of bringing them within the reach of the people, by giving them leave to take depositions at home and bring them before the legislature, but he did not agree that a simple majority should remove one of these officers. If the tenure of good behaviour in the supreme court, was not to be endured by the Convention, and the laws of the land were about to be revolutionized, he was willing to forego the advantage which might be desired from the experience of judges, in order to escape those evils which would far over-balance them, by having a supreme court entirely dependent on the executive of the commonwealth.

Mr. EARLE hoped, that the amendment of the gentleman from Beaver, proposing a term of fifteen years for the supreme judges, might not prevail. At present he was not going to speak on this subject generally, because, he was not disposed to debate it, while those who held oppo

[graphic]

we were to have the term of re, he hoped it might not be gentleman from Allegheny. limiting the tenure of judges, le for their acts, but the progoes entirely to destroy that. nd tell him that he can never at his conduct may be, what e no responsibility at all-thebation weighs nothing on his complain, that four years for ity does not establish sufficient tly does not shape his actions

fifteen years without being y thing to prevent them from which the gentleman from the O liable to operate upon every check and restrain those influWe have heard of a few indeus the case of the Roman ey pursued. Then there was e judges of Israel, the sons of ; and the independence of the al commotions and revolutions. Allegheny, was objectionable on the services of a valuable class uty uprightly, improve himself mself more capable than other ce, he should be sorry to lose f forty-five or fifty years; yet egheny, would forever deprive men. If the amendment of the he would move an amendment mendment pending, which was, monwealth, should continue to to age of years. He would od sense of the committee, but h proposition as this should be ng to have this term of fifteen hat never had been heard of as e from the days of Noah down provements in political science

should be so modified, that we es until they were somewhere serving the right however, to of duty or other just cause.

the other day, when he heard adelphia, (Mr. Ingersoll) doubt y was the greatest curse which Lowever, he understood that gener day must have been a lapsus: he gentleman on a proper occa

be in the city of Philadelphia. Your committee, therefore, offer the fol lowing resolution, viz:

Resolved, That this Convention do adjourn on Saturday, the 18th instant, to meet in the city of Philadelphia, on Wednesday, the 22d inst.

The question being taken on the second reading of the resolution, it was decided in the affirmative; yeas 58, nays 19.

Mr. HIESTER, of Lancaster, moved to amend as follows:

"That inasmuch as an adjournment of this Convention to meet at Philadelphia, or any other place, would be attended with great delay and detention in the progress of its business, and a consequent increase of expense to the commonwealth: and that therefore the adoption of such a measure would be inexpedient and improper:

"Resolved, That as it is not likely that the business of the Convention will be brought to a close before the time of meeting of the legislature, when this body deems it right to leave this hall; and in order that a place may be prepared for the holding of its sessions after that time, the secretary of this Convention is hereby directed (under the supervision and advice of the president,) to have the partition between the supreme court and the east committtee rooms, in this capitol removed, and have the same, or some other suitable room in this place, furnished in a plain and cheap manner, for the temporary occupation of this body.

Mr. FULLER, of Fayettee, moved to postpone the further consideration of the amendment, together with the resolution until Monday week.

Mr. M'CALL called for the yeas and nays on the motion to postpone, which were ordered, and were yeas 36, nays 71, as follows:

YEAS-Messrs. Banks, Barndollar, Brown of Northampton, Clark, of Dauphin, Clarke, of Indiana, Cleavinger, Crain, Crawford, Crum, Cuminin, Curll, Darrah, Dickerson, Fuller, Gearhart, Gilmore, Hayhurst. Hiester, Keim, Kerr, Maclay, Magee, M'Call, M'Sherry, Miller, Montgomery, Nevin, Read, Rogers, Royer, Seltzer Shellit, Sill, Sterigere, Stevens, Stickel-36.

NAYS-Messrs. Agnew, Ayres, Baldwin, Barclay, Bedford, Biddle, Brown, of Philadelphia, Carey, Chambers, Chandler, of Philadelphia, Chauncey, Clarke, of Beaver, Cline, Coates, Cochran, Cope, Cox, Craig, Cunningham, Denny, Dickey, Dillinger, Dunlop. Earle, Farrelly, Fleming, Forward, Foulkrod, Fry, Grenell, Harris, Hastings, Hays, Helfenstein, Henderson, of Allegheny, Hopkinson, Houpt, Hyde, Ingersoll, Jenks, Kennedy, Konigmacher, Krebs, Long, Lyons, Mann, Martin, M'Dowell, Meredith, Merkel, Overfield, Pollock, Purviance. Reigart, Riter, Russell, Saeger, Scheetz, Scott, Sllers, Serrill, Smyth, Sturdevant, Taggart, Thomas, Todd, Weaver, White, Woodward, Young, Sergeant, President-71.

So the motion to postpone was deter.nined in the negative.

Mr. SMYTH of Centre, then moved to postpone the further consideration of the resolution until Wednesday next, and called for the yeas and nays on this motion, which were ordered.

Mr. BROWN, of Philadelphia county, thought the Convention was as well prepared to settle this question now, as they would be at any future time, and as a matter of economy, he thought the sooner it was settied the better.

Mr. SMYTH, of Centre, was as much in favor of economizing as any gentleman, and if it should turn out between this and Wednesday next, that the authorities of Harrisburg would provide a room for the Convention, he could see no reason for going to the expense of moving to Philaedlphia.

[graphic]

-to say that the people of Haring of the Convention at their

ald withdraw the motion to post1 offered to fit up a room at their g of the communications of the he council of Harrisburg, which

dment, by omitting the last senof the Convention sine die, on

ations of the authorities of Har-
hey would fit up a room at their
fter the room was fitted up, the
on for payment, as had been done
having to pay the expense of
rt, which it was understood the
d fit up. The communication of
ere clear on this point, that they
se. He, therefore, called for the
as read to the Convention.

s as to the propriety of finding
risburg, for the Convention.
ns in reply to the remarks of Mr.
eas and nays on his amendment

amendment of Mr. HIESTER, the rs. BROWN, of Philadelphia, and

. Hiester, to withdraw his amendution to the effect" that this Conrrisburg, provided the town counrs of the county of Dauphin, will nse, and notify the Convention of om this time."

is modification, the question was ecided in the negative, by the fol

rd, Bigelow, Brown, of Northampton, Craig, Crain, Crawford, Cummin, Curll, ester, Keim, Kerr, Magee, M'Call, Merkel, ellers, Seltzer, Shellito, Sill, Smyth, Steri

Barclay, Biddle, Brown, of Philadelphia, y, Clarke, of Beaver, Clark, of Dauphin, Cunningham, Denny, Dickey, Dillinger, Foulkrod, Fry, Fuller, Gilmore, Grenell, lerson, of Allegheny, Hopkinson, Houpt,

[graphic]

wurn on Saturday, the 18th
the 22d inst.

he second reading of th
as 58, nays 19.
red to amend as follow
mment of this Convi

ould be attended with
usiness, and a conse
nd that therefore the
d improper:
The business of the Com
e legislature, when th
e may be prepared for
Convention is hereby d
the partition betwe
itol removed, and
in a plain and cho

to postpone the e resolution un

and nays on 1 36, nays 71. own of Nort wford, Crum

rst, Hiester, vin, Read,

Barclay, B Philadelph Cunnin Foulk

ny, I

- Banks, Bardollar, Bigelow, Cunningham, Darrah, Denny, Dicker-
Ir, Fuller, Gearhart, Hastings, Hiester, Ingersoll, Keim, Krebs, Maclay,
Call MSherry, Merkel, Merrill, Montgomery, Nevin, Overfield,
Sellers, Seltzer, Smyth, Stickel-32.

-les Agnew, Ayres, Baldwin, Barclay, Biddle, Brown, of Northampton,
Phabdelphia, Carey, Chambers, Chandler, of Philadelphia, Chauncey,
Dave, Clarke, of Indiana, Cleavinger, Cline, Coates, Cochran, Cope,
Crawford, Crum, Cummin, Curll, Dickey, Dunlop, Farrelly, Fleming,
Frod, Grenell, Harris, Hayhurst, Hays, Helfenstein, Henderson, of Alle-
Houpt, Hyde, Jenks, Kennedy, Kerr, Konigmacher, Long, Lyons,
well, Meredith, Pollock, Purviance, Reigart, Riter, Royer, Russell, Saeger,
Serill, Shellito, Sill, Sterigere, Stevens, Sturdevant, Taggart, Thomas,
Wie, Woodward, Young, Sergeant, President-70.

Ela, of Susquehanna, moved to amend by striking out "eigh-
amber," and inserting "thirteenth of November," and also,
twenty-second of November," and inserting the words
of December next."

BESTER, of Lancaster, moved to amend the amendment, by stri al after the word "adjourn," and inserting "on the 30th inst

Cam said that the motion was not in order.

gestion was then taken on Mr. READ's amendment, and it wa yeas 44, nays 50.

ESTER then renewed his motion to amend, by striking out word "adjourn," and inserting "on the 30th instant si

Hasked for the yeas and nays, which being taken, the amen a negatived; yeas 21, nays 83.

Hers Crum, Curll, Denny, Dillinger, Dunlop, Harris, Hays, Hiester, K
, Long, M'Call, M'Sherry, Meredith, Merkel, Reigart, Royer, Sel
Todd, Young-21.

Messrs. Agnew, Ayres, Baldwin, Banks, Barclay, Barndollar, Bedford,
of Northampton, Brown, of Philadelphia, Carey, Chambers, Chandle
Chauncey, Clarke, of Beaver, Clark, of Dauphin, Clarke, of Indi
Cline, Coates, Cochran, Cope, Craig, Crain, Crawford, Cummin,
Durah, Dickey, Dickerson, Earle, Farrelly, Fleming, Foulkrod, Fry, F
Gilmore, Grenell, Hastings, Hayhurst, Helffenstein, Henderson, of Allegh
Houpt, Hyde, Ingersoll, Jenks, Keim, Kennedy, Krebs, Lyons, Ma
Kan, Martin, M'Dowell, Miller, Montgomery, Overfield, Pollock, Purvi
Rogers, Russell, Saeger, Scheetz, Scott, Sellers, Serrill, Shellito,
Serigere, Stickel, Sturdevant, Taggart, Weaver, Weidman, White, Wood
President-83.

STERIGERE, of Montgomery, moved to amend the resolutio

ut the eighteenth," and inserting the "sixteenth," and "wenty-second," and inserting in lieu thereof the words, "tw

S. then asked for a division of the question.

ad the question being taken on the first and second divisions negatived.

I. DEKEY, of Beaver, moved to amend, so as to make the res that the Convention shall adjourn on the 23d, to meet on 'I

[ocr errors]
« ПретходнаНастави »