It was then moved by Mr. M'Lene, seconded by Mr. M'Kean, to insert after the words "a secretary shall be," the words "appointed. and." Which was determined in the affirmative.

A motion was then made by Mr. Gray, seconded by Mr. Henderson, to postpone the debates on the said section. Which was determined in the negative.

It was then moved by Mr. Sitgreaves, seconded by Mr. Findley, to amend the said third section so as to read as follows, viz.

A secretary shall be appointed and commissioned by the governor. He shall be keeper of the seals of the state, and shall, under the direction of a committee of both branches of the legislature, affix the seal to the laws when the same shall be enacted. He shall countersign and register all commissions signed by the governor, and all orders drawn by him for monies appropriated, as well as marriage, tavern and other licences. He shall have the custody of all public acts, official documents and state papers which shall be addressed, or belong, to the legislative and executive departments, to be laid before the governor or either house when called for. He shall attend the governor or either house when required, and shall perform all such other duties as shall be enjoined him by future acts of the legislature.

It was moved by Mr. McKean, seconded by Mr. Pickering, to insert after the word "commissions," the words "charters of pardon, and patents for land." Which was carried in the affirmative.

A motion was made by Mr. McKean, seconded by Mr. Pickering, to strike out the words "and register," and the words "and all orders drawn by him for monies appropriated." Which was carried in the affirmative.

It was thereupon moved by Mr. Smith, seconded by Mr. Brown, to strike out the words "legislative and." Which was determined in

the affirmative.

The section, as amended, being then under consideration, viz. Section XVII. A secretary shall be appointed and commissioned by the governor. He shall be keeper of the seals of the state, and shall, under the direction of a committee of both branches of the legislature, affix the seal to the laws when the same shall be enacted. He shall countersign all commissions, charters of pardon, and patents for land, signed by the governor, as well as marriage, tavern and other licences. He shall have the custody of all public acts, official documents and state papers which shall be addressed, or belong to the executive department, to be laid before the governor or either house when called for. He shall attend the governor or either house when required, and shall perform all such other duties as shall be enjoined him by future acts of the legislature.

On the question, "Will the committee agree to the same?" The yeas and nays being called by Mr. Smith, were as follow, viz.

So it was determined in the affirmative, and adopted as the seventeenth section of the second article of the proposed constitution.

A motion was made by Mr. Gallatin, seconded by Mr. Smilie, as follows, viz.

The state shall be divided into districts for the purpose of electing members of the house of representatives of the United States, in such manner that the citizens of each district shall be entitled to elect not more than representatives: And the number of representatives to be elected by the state, shall be apportioned between the said districts in proportion to the number of taxable inhabitants contained in each.

It was then moved by Mr. Gallatin, seconded by Mr. Smilie, to ad journ the debates on the said motion.

Whereupon, on motion, the committee rose in order to report, that they had made further progress in the business referred to them, and request leave to sit again.

TUESDAY, February 2, 1790. A. M.

The first section of the third article of the proposed constitution, together with the amendments postponed on the eighteenth of January last, being under consideration, a motion was made by Mr. McKean, seconded by Mr. M'Lene, to postpone the said section, with the amendments, in order to introduce the following, in lieu thereof, viz.

Every male citizen being twenty-one years of age, who has resided in the state two years next hefore the days of election, and paid state or county taxes within that time, which shall have been assessed at least six months before the said election, or having a freehold estate within the city or county of the annual income of three pounds, or any estate of the value of fifty pounds, though he may not have paid taxes, shall enjoy the right of an elector; and every male person, of the age aforesaid, who shall have been born in any of the United States, and resided in this state for one year next before the election, having either of the qualifications aforesaid, shall also be entitled to the right of an elector.

It was moved by Mr. Lewis, seconded by Mr. Smilie, to strike out, from the said proposed amendment, the words or having a freehold estate within the city or county of the annual income of three pounds, or any estate of the value of fifty pounds, though he may not have paid taxes. Which was determined in the affirmative.

A motion was then made by Mr. Addison, seconded by Mr. Gallatin, to strike out the word "citizen" and the words "has resided," and, in lieu of the former, to insert "inhabitant," and of the latter, the words "has been a resident citizen." Which was determined in the affirmative, and thereupon agreed to strike out the remainder of the said section after the words "shall enjoy the right of an elector."

It was moved by Mr. Pickering, seconded by Mr. McKean, to insert after the words of age," the following: "who is a native of the United States, and has resided one year in this state, and every other male inhabitant." Which was determined in the negative.

On the question, Will the committee agree to the section as amended? It was determined in the negative.

The committee then resumed the consideration of the said section as reported by the committee of nine. together with the amendments postponed on the eighteenth of January last, viz.

In elections by the citizens, every freeman of the age of twenty one years, having resided in the state two years next before the days of election respectively, and paid public state or county taxes within that time, which tax shall have been assessed upon him at least six months before the election, shall enjoy the right of an elector. The sons of freeholders of the age aforesaid, shall be entitled to vote, though they have not paid taxes.

A motion was made by Mr. Sitgreaves, seconded by Mr. Smith, to amend the second clause of the said section, so as to read as follows, viz.

The sons of freeholders, qualified as aforesaid, between the ages of twenty-one and twenty-two years, shall be entitled to vote although they have not paid taxes. Which was determined in the negative.

On the question, Will the committee agree to the latter part of the said section? It was determined in the negative, and the first part, as amended, adopted as the first section of the third article of the said proposed constitution, as follows, viz.

Section I. In elections by the citizens every freeman of the age of twenty-one years, having resided in the state two years next before the days of election respectively, and paid public state or county taxes within that time, which tax shall have been assessed upon him at least six months before the election, shall enjoy the right of an elector.

The motion made yesterday by Mr. Gallatin, seconded by Mr. Smilie, to divide the state into districts for the purpose of electing members of the house of representatives of the United States, being withdrawn, the committee proceeded to take into consideration the bill of rights, being the ninth article of the proposed constitution reported by the committee of nine, and the first section being under debate the same was adopted as follows, viz.

Section I. That all men are born equally free and independent, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing and protecting property and reputation, and of pursuing their own happiness.

The second section of the said ninth article, or bill of rights, being under consideration, viz.

That all power being originally vested in, is derived from the people, and all free governments originate from their will, are founded on their authority, and instituted for their common peace, safety and happiness; and for the advancement thereof, they have, at all times, an unalienable and indefeasible right to alter, reform or abolish their government, in such manner as they may think proper.

It was moved by Mr. M'Lene, seconded by Mr. Graydon, to strike

out the word vested, and, in lieu thereof, to insert the word inherent. Which was determined in the negative.

A motion was made by Mr. M Kean, seconded by Mr. Sitgreaves, to strike out the words "and for the advancement thereof," and, in lieu thereof, to insert the following, viz. "And when the form thereof shall become destructive of these ends."

On the question, Will the committee agree to strike out for the aforesaid purpose? The yeas and nays being called by Mr. Sitgreaves, were as follow, viz.

So it was determined in the negative.

Todd
Addison

Redick
J. Ross

Smilie

Brown
Graydon
Pickering
Henderson

Gibson

Gallatin

Beale
Sellers-55.

M.Lene

It was then moved by Mr. M Kean, seconded by Mr. Roberts, to insert, after the words "and indefeasible right," the words "in a peaceable and orderly way."

On the question, Will the committee agree to the same? The yeas and nays being called by Mr. Roberts, were as follow, viz.

So it was determined in the negative, and the said second section

adopted as reported by the committee of nine.

The committee then rose in order to report, that they had made further progress in the business referred to them, and request leave to sit again.

WEDNESDAY, February 3, 1790. A. M.

The third section of the bill of rights being under consideration, viz.

That all men have a natural and indefeasible right to worship AImighty God according to the dictates of their own consciences, and that no man ought or of right can be compelled to attend any religious worship, or to erect or support any place of public worship, or to maintain any ministry, against his free will and consent; and that no human authority can controul or interfere with the rights of conscience in any case whatever; nor shall any preference ever be given, by law, to any religious establishments or modes of worship.

It was moved by Mr. Pickering, seconded by Mr. Smith, to strike out the words "ought or," and to transpose the word "can" before the words "of right." Which was carried in the affirmative, and the said section, as amended, adopted.

The fourth section of the said bill of rights being under consideration, viz.

That no person who acknowledges the being of a God, and a future state of rewards and punishments, shall, on account of his religious sentiments, be disqualified to hold any office or place of trust or profit under this commonwealth.

It was moved by Mr. Robinson, seconded by Mr. Graydon, to strike out the words "and a future state of rewards and punishments."

A motion was then made by Mr. Robinson, seconded by Mr. Sitgreaves, to strike out the words "who acknowledges the being of a God, and a future state of rewards and punishments."

On the question, Will the committee agree to strike out the words ?" The yeas and nays being called by Mr. Brown, were as follow, viz.