present incumbents in office, and that gentlemen of the reform party ewould find themselves mistaken, if they imagined that all the amend yments would be voted for, and approved by the people. Great difference of opinion would be found to exist amongst the people in reference to many important questions that had been decided by this convention, as to bank charters, the militia, the insertion of the word "white," and Vother amendments. The impression on his mind was, that owing to the 0. great number of amendments which had been made, they would all be voted down. Gentlemen here seemed to think there was something so excellent in their amendments, that the people will adopt them without reference to those which are considered exceptionable. I might suit the gentleman from Bucks, (Mr. M'Dowell) to have his party disorganized; but how would it suit the party themselves? They could best answer that question. After considerable doubt, he confessed that he had come to the conclusion to vote for the longest terms, as being the only course left him to adopt. The objections he entertained did not rest altogether on constitutional grounds, for he knew that the constitution provides that the people may alter or abolish it when they please. Under this knowledge the judges accepted their offices. The framers of the constitution knew the people of Pennsylvania to be steady, sober, and sagacious, and they did not entertain an idea that the fundamental law of the commonwealth would be changed in their day. It had been intimated in the course of this debate that the judges had easy duties to perform. This was not the fact, as every lawyer could testify. They had very labori ous duties to discharge; and he could speak particularly in reference to the judge in his own county, as an instance. It was well known that the judges do not make so much money as counsel. And, many a man has accepted office, and afterwards been extremely sorry for having done Gentlemen might think that the judges were amply provided for, but they were much mistaken. These officers dreaded quarter day, as it not unfrequently found them unprepared to meet the demand made upon their pockets. He knew that for some time past, a great outery had been raised about high salaries; but he put no faith in the sincerity of those who raised this cry. It was entirely without foundation. He would ask gentlemen to make a calculation of the necessary expenses of a judge, and see if he could have any thing to spare.

Mr. M. concluded with adverting to the difficulty which an unpright, high-minded and conscientious man would always find in the way of his nomination for the office, in consequence of the number of persons of a different character who would be his rivals, and the means which would be used to defeat him. The inquiry will be constantly made as to every judge in office, whether he has been a good party man, and his re-nomination will be influenced by mere political considerations, more than any question concerning his lens or fitness for his judicial station. believed that there would be great difficulty in filling the bench with competent individuals, and the fewer appointments that may be required

the better.

He

Mr. DUNLOP, of Franklin, moved that the convention do now adjourn, but the question was decided in the negative;-ayes 48, noes 53.

Mr. DUNLOP then addressed the Chair. Those who were about to ba passed upon, he said, should at the least have the privilege to be heard.

If a man were arraigned at the bar for a crime, he would be entitled to a hearing. An impatience seemed to be springing up in this body to prevent a fair hearing. He was against the motion to re-consider, and also against the amendment. He had a modification which he would wish to off'r He did not know whether it had ever struck gentlemen that the judges might resign, and get re-commissioned. If they are disposed to resign before the expiration of their term, for the purpose of being reappointed, this amendment will give such persons the opportunity to do So. That any judge of the supreme court would do so, he did not mean to say, but we are holding out here the idea that a judge may resign in order to receive a new commission. One single judge may do so, and this would give the governor power over the bench.

Mr. WOODWARD interrupted. He did not contemplate a course which would be so highly discreditable, and the amendinent did not provide against such a contingency.

Mr. DUNLOP resumed. He presumed the objection had struck the gentleman from Luzerne. But he would ask the gentleman if such a thing may not be. He would ask if there was any intention to give the governor this influence over the bench. It is an evil against which we ought to guard by every possible means. To confer this power would be to hold out a premium for the destruction of the bench This objec tion, he was aware, would not weigh much with those who had made up their minds, right or wrong, to vote for the amendment. But with others who yet ren in in doubt, it might have some weight. Look at the list of judges, and it will be manifest that you are about to commit the grossest injustice. Judges Rogers and Histon were both appointed in 1826. On what ground can a different measure of treatment to one of these judges, from that dealt to the other, be justified? Where will be the justice of giving to one of them a tenure of three years, and to the other a tenure of six years? The injustice of such a distinction must be manifest. How can we answer when we are askel why we give to one a three years tenure, and to the other six? In every respect this feature of injustice in the amendment ought to weigh as an objection. The gentleman from Luzerne undertakes to say that the people desire the irresponsibility of the julges to be taken away. I am a friend of the judiciary-the friend of an indepea lent judiciary, who can act without any improper control, but I deny that there should be irresponsibility on the part of that body. I know no gentleman who loks with a searching eye into the construction of governments, who desires the irrespon sibility of the judiciary. Are they not responsible now? Is not the judge in Luzerne, alluded to by the gentle nan from that county, responsible; and, if incapable, cannot an application be made to the legislature, and the judge will then be dis harge from office, without any imputa tion of fault or crime? On the address of two-thirds of the legislature the governor my remove the judge without censure. Is he not then responsible? But the gentleman from Luzerne says this is not responsibility. Is he not responsible to the governor? Is not the governor always the representative of the popular voice. The gentleman considers the governor responsible to the people. I would wish to know from the gentleman whether responsibility to Mr. Ritner, is not responsibility to the people? The gentlemen may tell me that Mr. Ritner is a mi

nority governor, yet you may make the judge responsible to the people by making him responsible to the governor. Does the gentle man from Luzerne believe that the governor always makes those appointments which are the most agreeable to the people? I know the gentleman does not believe so. No governor does this. We know that judges have been appointed, who could not have been appointed to office by a vote of the people.

Here Mr. DUNLOP yieided the floor, and

Mr. DORAN moved that the convention now adjourn.

The question being taken, there appeared!—ayes £2, noes 45.

So the motion was decided in the affirn:ative; and,

The convention adjourned.

TUESDAY, FEBRUARY 20, 1838.

A motion was made by Mr. FRY, and read as follows, viz: Resolved. That so much of the Delates only as have been delivered in committee of the whole, be prepared by the sternogay her for publication, and that the preparing and printing of those delivered subsequently le dispensed with.

A motion was made by Mr. Fry,

That the convention proceed to the second reading and consideration of the said resolution.

And on the question

Will the convention agree to the motion?

The yeas and nays were required by Mr. FRY and Mr. SELLERS, and are as follow, viz:

YEAS-Messrs. Ayres, Banks, Barr dollar, Brown, of Northampton, Clark, of Dauphin, Cox, Crain, Dickerson, Dill nger, Lenagan, Dunlop Fry, Gearhart, Grenell, Harris. Hays. Henderson, of D uphin, Ingersoll, Jenks, Kei nedy, Krel's, M’Cahen, M'herry, Merkel Montgomery, Nevin, Overfield, Read, Sellers, Seltzer, Serrill, Smyth, of Centre, Weaver, Young, Sergeant, President-35.

NAYS.-Messrs. Agnew, Barclay, Barnitz, Bedford, Bell, Biddle, Bigelow, Bonham, Chambers Candler, of Chester. Clauncey, Clapp. Clarke. of Indiana, Cline, Coates, Cochran, Cope, Crawford, Cummin, Cunningham, Curl Darlington, Darrah. Denny, Dickey, Donnell. Farle, Fanelly. Feming, Forward Foulkred, Fuller. Gemble, Gil more, Has ings. Hayhurst, High, Hopkinson. Houpt, Hyde, Keim. Kenigmacher, Long, Maclay, Mag e, Martin, M'Lowell Mer dith, Merrill, Miller Myers. I cnnypacker Porter, of Lancaster, Forter, of Northampton, l'urviance, Reigart, Ritter, Russell' Saeger, Scott, Shellito. Smith, of Columbia. Snively, Sterigere, levens, Stickel, Tag gart, Thomas, Todd, White, Woodward-71.

So the question was determined in the negative.

Mr. Cork, from the committee on accounts, reported the following resolution, viz:

Resolved, That the President draw his warrant on the State Treasurer in favor of Samuel Shoch, for the sum of two thousand five hund.ed do.lars, to be by him accoun ted for in the settlement of his accounts.

And on motion,

The said resolution was read the second time, considered and adopted.

Mr. COPE, from the committee on accounts, made the following report, viz:

The committee on accounts have settled the salaries of the secretary, assistant secretaries and sergeant at-arms of this convention, as follows, viz:

Samuel Shoch, secretary, 90 days, at $3 per day,
Mileage, 108 miles, at fifteen cents per mile,

George I.. Fauss, assistant secretary, 90 days at $7 per day,

Mileage, 108 miles, at fifteen cents per mile,

Joseph Williams, assistant secretary, 90 days, at $7 per day,

Mileage, 15 miles, at fifteen cents per mile,

James E. Mitchel, sergeant-at arms, 90 days, at $3 per day,

Mileage, 306 miles, at fifteen cents per mile,

$720 00
15 90

-8735 90

630 00

16 20

646 20

630 00

2 25

632 25

270 00

45.90

-$315 90

Resolved, That the President draw his warrant on the State Treasurer, in favor of

the above named persons, for the sums set opposite to their respective names.

And on motion,

The said resolution was read the second time,

And being under consideration,

A motion was made by Mr. Meredith,

To amend the said report by adding thereto the following, viz: “To Daniel Eckles, late doorkeeper, and T. J. Beckett, doorkeeper, the sum of fifty dollars each as extra compensation."

A motion was made by Mr. Forward,

To amend the amendment by adding thereto the words" and to James E. Mitchell, sergeant-at-arms, the sum of fifty dollars."

The said amendment to the amen linent being under consideration, Mr. STERIGERE, of Montgomery, demanded the previous question, which was sustained.

And on the question,

Shall the main question be now put?

The yeas and nays were required by Mr. MEREDITH and Mr. HIESTER, and are as follow, viz:

YAS-Messrs. Barclay, Barndollar, Bigelow. Bonham, Brown, of Northampton, Chandler, of Chester, Clarke, of Beaver, Clne, Coates, Crain, Crawford, Crum, Curll, Darington, Darrah, Dickerson, Dillinger, Dunlop, Earle, Foulkrod, Fry, Fuller, Gearhart

Gilmore, Grenell, Harris, Hastings, Hayhurst, Hiester, Bigh, Hyde, Kennedy, Krebs, Magee, M'Cahen. M'Sherry. Merkel, Miller, Montgomery, Myers, Nevin, Reigart, Read, Ritter. Russell. Seager, Scheetz, Sellers, Seltzer, Shellito, Smith, of Columbia, Smyth, of Centre, Snively, Sterigere, Stickel, Thomas, Weaver. Woodward-58. NAYS-Messrs. Agnew, Ayres Baldwin. Banks, Barnitz, Bedford, Bell, Biddle, Brown, of Lancaster, Brown, of Philadelphia, Carey, Chambers, Chandler, of Phila delphia, (hauncey, Clapp, Clark, of Dauphin, Clarke, of Indiana. Cochran, Cope, Cox, Cummin, unningham, Denny, Dickey, Donagan, Donnell, Doran. Fleming, Foward, Hays, Henderson of Dauphin, Hopkinson, Houpt. Ing rsoll. Jenks, Konig. macher, Long, Lyons, Maclay. Martin, M'Dowel, Meredith, Merrill, Overfield, Payne, Pennypacker, Porter, of Lancaster, Porter of Northamp on, Purvia ce, Royer, Scott, Berrill, Stevens, Taggart, Todd, White, Young, Sergeant, President-58.

So the question was determined in the negative.

Mr. HIESTER, of Lancaster, moved to recommit the report with the amendments, to the committee of accounts, and asked for the yeas and nays. After a few words from Messrs. MEREDITH. STERIGERE, HAYHURST. HIESTER, STEVENS, and BROWN, of Philadelphia county,

Mr. HIESTER withdrew his motion.

The PRESIDENT then announced that the hour for the consideration of motions and resolutions had expired.

The convention then resumed the consideration of the motion- to reconsider the vote of the 17h instant, on agreeing to the sixth section of the report of the committee appointed to prepare and report a schedule to the amended constitution.

Mr. DUNLOP, of Franklin, said that he had but very few remarks to offer, and to which he begged to ask the attention of the convention. He thought when gentlemen here disapproved of what was about to be done by the body, they owed it to themselves and their constituents to express their sentiments of disappointment at the rouse which was taken, before they allowed the vote on the question to be recorded. He did not believe that anything he or others might say would have the effect of changing a single vote, nor did he conceive that the principle involved could be altered, and to which gentlemen seem to attach so much importance. He hoped that delegates would examine the details of the question, and desist from the call for "change.'

When concluding his remarks, last evening, he spoke of the injustice of the amendinent of the gentleman from Luzerne, (Mr. Woodward) and referred to the case of Judge Rogers and Huston of the supreme court, who were appointed under the same law.

He was in the senate at the time the bill to authorize the appointment of two additional judges to the circuit court was passed, and he voted for it. The secretary of the commonwealth happened to date Judge Rogers! commission the fifteenth of April and Judge Huston's the seventeenth, and, although in fact they were both appointed at the same time, there was but two days difference in the date of their appointments, yet now it was gravely proposed to make a difference of years as to the period for which they shall henceforth serve. He trusted that they would be put on the same footing, and not as contemplated the one to hold office for four years only, and the other for seven. And, who are they? The one who was to have the longest term was the oldest man, and was afflicted with chronic gout. Yes, that gentleman who was the eldest, and the most