should prefer a shorter period of years, than that contained in the amendment of the gentleman from Beaver, but if the majority of the convention should ultimately agree upon that, he would be satisfied with it. He should however endeavor to get a shorter period, and consequently he would vote against this amendment.

Before he sat down he wished to be permitted to say that he did not regret that this discussion was coming to a close, nor should he have regretted its continuance longer. He was pleased to see with what ability, it had been discussed, and with what a commendable spirit it had been conducted. If it had been continued longer, he had designed when better prepared than he was at present, to have replied to several gentlemen, on the other side, who had said, that in remarks he made on this subject, he had conceded the whole ground.

Now, it would not be strange if a person of but humble abilities, and little experience in discussions of this kind, had blundered a little. It would not be very strange, he said, if such a thing had occurred, and it could not be considered any very great triumph to those learned gentlemen, if he had made this error. But he should now contend with all due humility that he not only did not concede the whole ground, but that the principles he had laid down were correct. And when an opportunity occurred, which would permit of his giving to the convention, the reasons for his making the concession, which he did in relation to the judiciary of the United States, he believed gentlemen would not say that he had conceded the whole ground. When he gave those reasons, the gentlemen who had said that he had conceded the ground, should be his judge, and if he did not show by good reasons that there was a distinction and a great distinction between the two cases, then he was willing that gentlemen should say he had conceded the whole ground. He was not prepared now to go into this discussion, nor did he design to do so, but he merely wished to say that when an opportunity occurred, on second reading, he would endeavor to clear up the fact; and in conclusion he sincerely hoped that no friend of a limited tenure would be driven from a support of that principle, by any blundering of his, in the argument which he had submitted.

Mr. MEREDITH merely wished to say that he should give his vote in favor of the pending amendment, limiting the term of the judges of the supreme court, to fifteen years, believing that it is the best thing under existing circumstances, which we can obtain. At the same time, however, it was not his intention to yield up the principle of good behaviour. That was the principle which he would eventually maintain, and he trusted when we came to second reading, that we, would be able to rally sufficient conservative strengh to uphold this long established principle of our constitution. At present we know there are not a sufficient number of conservatives in the convention for the preservation of the old tenure, and as we believe that the term of fifteen years will be better than a lower term, which would certainly prevail, if this was negatived, he would give his vote for this amendment, and when we came to second reading, unless he changed his opinion from the arguments which might be adduced, he would vote for the tenure of good behaviour. Under the present circumstances, and because there was an evident disposition to take the question now, he would not offer his own poor views to the con

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sideration of the committee, but would reserve them until second reading, when he would take occasion to make some remarks on the subject. As to this matter of compromise, he hoped that that class of persons here who styled themselves conservatives, would not be excluded entirely from all compromise, if any was to be made. If any compromise was to be made between those who were in favor of a tenure for good behaviour, and those in favor of a term of years, he should prefer making it in the manner suggested by the gentleman from the county of Philadelphia, (Mr. Ingersoll) that is, that the judges be appointed during good behaviour, and to be made more responsible to the people, by making them removable by a majority of the legislature. This was the only means which he knew by which the friends of a tenure for good behaviour could compromise, and in this he thought they might compromise, because it would secure to the judges a tenuie for good behaviour, only that it made them more responsible to the people; but if compromises were to be made, he did not think that these gentlemen should sit here and be excluded from partaking in it.

He should, therefore, vote in favor of the term of fifteen years at present with the hope that between this and second reading, the majority of the convention might settle down in favor of the old tenure for good behav iour, with an easier mode for the removal of judicial officers, if that should be thought best.

Mr. BIDDLE remarked that his colleague, (Mr. Meredith) had said. nearly all that he intended saying to the committee. He felt it right in giving his vote in favor of a term of ten years for the president judges, and fifteen years for the supreme judges, to say distinctly that there can be no individual in this convention more strongly impressed with the importance of the tenure for good behaviour than the humble individual now addressing you. He felt, however, at present, that the great object which we all have in view, the public good, would be best promoted by giving his vote in favor of the amendment which had been submitted by the gentleman from Beaver. The time however would come, when he would have the opportunity of recording his vote in favor of the tenure for good behaviour; and at that time he should ask the indulgence of the convention, while he gave the reasons which should influence him in giving that vote. If, however, after due reflection and consideration, a majority of the convention shall decide against the tenure for good behaviour, then will be the time for the convention to determine as to the other proposi tions which have been brought to its notice. Then, in case, we find this tenure cannot be sustained, we will have a choice between a longer and shorter time, and then we will have the opportunity of looking around and seeing what other propositions we can agree upon. He now desired to say that the proposition suggested by the gentleman from the county of Philadelphia, (Mr. Ingersoll) was a ground of compromise which perhaps might turn out to be satisfactory to a majority of this convention. It gives us the the tenure of good behaviour, if we give up something else.

It seemed to him, then, that a compromise might be effected on this ground, in case the tenure for good behaviour, could not be carried as it existed in the constitution. In voting upon the amendment of the gentleman from Beaver, in case it was agreed to, the discussion was closed,

for the present on this subject, which would give us the opportunity of reflecting on the many able arguments which we have heard, and of considering the matter in all its bearings by the time we come to second reading, when with all the light on the subject which one can obtain from reflection and discussion, we can make up our minds and give our votes on this all important question. For the present, therefore, he should give his vote in favor of the pending amendment.

Mr. MERRILL said that for the first time in this convention, he must say, that he felt in a somewhat awkward position. He never had thought that it would have been necessary for him to make an explanation of this kind, in relation to a vote he was going to give, but he believed it would be necessary for him now to do so.

The gentleman from the county of Philadelphia, has thrown out some remarks about those who supported this amendment, having to answer at another tribunal. Now, for his own part, he desired the right to vote in such manner as his judgment dictated, without regard to any other tribunal.

In relation to the pending amendment, he should vote in favor of it, and take the chance of getting something better hereafter. He believed fifteen was better than ten, and so believing, and believing that we would hereafter have the opportunity of taking a vote directly between this amendment and the existing constitution, he should at present vote for this amendment, reserving to himself the right to vote as he should think best hereafter, when this report of the committee, as amended, shall be brought up in contradistinction to the present constitution. Although he had argued throughout, in favor of the tenure for good behaviour, he had stated that he was ready to make some concession, in case he could get any thing like the good behaviour principle to come to. He did believe, therefore, that the suggestion of the gentleman from the county of Phila delphia, would go farther towards meeting the views of those gentlemen who had acted with him in this matter, than any thing else which had been brought to the notice of the committee, in case the present good behaviour tenure could not be sustained. As, however, this proposition was not now before the committee, it could not be discussed, and he would say nothing farther in relation to it.

For the present he was satisfied with the amendment pending. Then, when we come to second reading, each of the gentlemen's propositions can be brought up in succession, and votes can be taken between them and the present amendment, and then will come the question between this amendment and the existing constitution. Then every man would have the opportunity of introducing his propositions in such form as he sees proper; but now we know they are restrained by the rules, and the peculiar position in which the question now stands.

He should now conclude by saying that what inconsistency there might seem to be between the vote he was about to give, and any remarks which he had formerly made, would be fully explained in the vote he should give hereafter, when the proper occasion arose.

Mr. STEVENS Said it appeared to him, that those gentlemen who have been telling us that they would be prepared to say something on this subject when it came to second reading, would have ample time to pre

pare themselves, if the present amendment was negatived, before it got to second reading, because if this amendment was negatived, the Lord only knew when we would ever get to second reading. If this amendment was rejected, then the whole floodgates of amendment and discussion, will be thrown wide open, and no earthly power could stop them. Then there would be no report of a committee to having an amendment to, as we have now, when an amendment to that would preclude farther amendment; but the whole field would be open for all the amendments which any gentleman might desire to offer, and in this way there would be no end to amendments, and it would be out of the question, to call the previous question, because that would cut off the amendment which you propose to make. Thus we will have an eternity of debate, to which there would be no end. He hoped then that every gentleman who was opposed to seeing the convention thrown into this situation, and the whole discussion opened up, would vote for this amendment, because this was not the final question, which was to be taken in relation to this tenure for good behaviour. Some gentlemen may suppose that if this question goes to second reading in it present position, that it will not be in so good a condition to be acted on as it might otherwise be. Now, this was not the case, because if it went to second reading in the way in which it now stands, then the gentlemen from the county of Philadelphia, can offer his amendment, and in case it fails, the gentleman from Fayette, can offer his amendment, and if it fails, we can take the vote between the present constitution and the pending amendmet and if the good behaviour tenure then fails, as it unquestionable will fail, from every indication which we have in this committee-why, then, you have the term of fifteen years. The gentlemen need not be alarmed, because the question is now in the best situation which it can be in to go to second reading. But negative this amendment and you have the whole ocean of debate open on which every gentleman can embark his skiff, and sail round the whole world, without check or restraint; and if this should be the case instead of adjourning to Philadelphia, for the winter, we might adjourn there for the next two or three years to come.

Mr. CLARKE, of Indiana, said he believed this discussion was about coming to a close, and he could not say that he was sorry for it, although it was not his opinion that it had been too long continued. Now, he merely wished to say that thunder generally brought rain. He did not believe, however, that that which we heard a short time ago from the far west, (from Mr. Dickey) would make any of the members of this convention shed tears.

We had got into a singular situation in this convention, each of the two parties being brought to vote against that principle which they believed was right, and each doing so for the purpose of effecting the great object they were aiming at. Although he had no doubt that in other places we should be ready enough to accuse each other of inconsis tency; still he believed each party understood the other very well

here.

The two parties have been marching and countermarching on this question, until each has got the enemy between them and their own country. Now, although he was in favor of a limited tenure he would not vote for this amendment, let gentlemen charge him with whatever of

inconsistency they pleased, because he could get it without voting for it. Then, being certain of this, whether he voted for it or not, he would vote against it, with the hope of getting more, and if he could not get more, he would content himself with this. He did not like fifteen years, because it was too long a term-too near a life tenure. In fact, he was told that there had never been more than two of our supreme judges who had held their offices for fifteen years. He hoped then to obtain something more liberal and substantial than this, which would be but very little better than the old life tenure; and he should, therefore, make every exertion in his power to have the term reduced somewhat from that contained in the amendment.

We had all got into a false position, and he had no doubt each would be accusing the other with inconsistency. For himself, however, he believed his constituents were intelligent enough to know how we got into this position, and to know what he was aiming at, when he was endeavoring to get out of it.

Mr. FORWARD was exceedingly happy to hear this word compromise, used here, and to witness the spirit of compromise which existed on the other side of the house, and he hoped it would be continued, because he did not believe that any good results were to be arrived at here without cultivating the spirit of compromise.

With regard to the proposition of the gentleman from the county of Philadelphia, (Mr. Ingersoll) he looked upon it, if it should meet the views of majority of the conventton, as the best compromise that can be effected. That would be giving us the tenure for good behaviour, while we yielded all the responsibility to the people, which any gentlemen could desire. This seemed to him to be something like a proper compromise to make, and he hoped gentlemen would take it into their consideration, and perhaps, some good may result. He desired this the more, because he believed if the matter went out to the people, in its present shape, a storm would be raised against it which might, perhaps, overwhelm and destroy all that we have done. He hoped that this amendment might now be agreed to, and that the matter should lie over till we come to second reading when some compromise can be agreed upon which will meet the views of gentlemen, and be acceptable to the people. He had an insuperable objection to the appointing power, as at present constituted. He could not think of having a governor making his appointments of judges with a view to his re-election, and he hoped if the tenure of years for judges was agreed upon, that when we come to second reading, we would so amend the article in relation to the executive, as to only make him eligible for one term of four years. This might remedy many of the evils to be apprehended from a limited tenure for judges. He therefore hoped, as there appeared to be a spirit of compromiseprevailing, that it would be cultivated by both parties.

On motion of Mr. McDowELL, the committee then arose, reported progress, and obtained leave to sit again, this afternoon; when, The Convention adjourned.