lican. If the legislature, when assembled to protect the property and the rights of the good democrats of Pennsylvania, should undertake to defraud and deceive them, in their legislature-if they should create a perpetual mortgage upon their farms, and do this for the purpose of enriching an association of capatalists-it is, says the gentleman, all right and legal, and there is no power to correct the evil. If the people are cheated in a legal and regular way it must stand so; for to afford a remedy you cannot go beyond the strict line of legal technecality. No matter if the process by which the act be obtained is a fraud upon the people from beginning to end, yet as the act passes, a right becomes virtual under it, and it was never yet disputed. The law, he says, covers and protects the fraud; and the people cannot, if they will, go back and repudiate and repeal the work of their representatives. Now, I will ask the gentleman from Allegheny, and he will answer me fully and candidly, whether, if he got the property of an individual in his hands, by fraud, he will consider that, in law, and justice, that property belongs to him.

Mr. FORWARD said he knew and all concurred in the opinion that a charter fraudulently obtained was voidable by law. There was no dispute about this It required no act of this convention-no amendment to the constitution of the state to repeal a charter surreptitiously obtained. The legislature can institute proceedings against the corporation at once. They need not our aid. I put the question whether we are a court to try the question whether a charter was fraudulently obtained, and whether we had any power to annul a surrepticious charter by an amendment to the constitution.

Mr. FLEMING replied that the people expected us to take up this question. It had long been agitated in this commonwealth, and the call of the convention had direct reference to it. The power of the people to annul the charter was unquestionable, and they could do it, by giving their assent to a proposition to that effect from us. The objection made by the gentleman to the power of the convention was merely technical. It was his belief that the people did look to this body to do something on the subject.

On motion of Mr. HEISTER,

The Convention then adjourned until Monday.

MONDAY, NOVEMBER 20, 1837.

Mr. SELLERS presented a petition from citizens of Montgomery county, praying for a constitutional provision to enable the citizens of Mon gomery, or any other county in the commonwealth, having a considerable number of German citizens, to obtain county officers who understand and speak the German language.

Which was laid on the table.

Mr. MEREDITH, of Philadelphia, submitted the following resolutions, which were laid on the table for future consideration, viz:

Resolved, That it is the sense of this convention, that contracts made on the faith t the commonwealth are, and of right ought to be, inviolable.

Resolved, That it is the sense of this convention, that a charter duly granted by act of assembly is, when accepted, a contract with the parties, to whom the grant is made.

Mr. INCERSOLL submitted the following resolution, viz:

Resolved, That the committee on the judiciary be instructed to consider ail the resolutions submitted to this convention concerning the organization of the courts of this state, together with such other projects as the said committee may think proper and report a plan for establishing the jurisdiction and duties of the several courts. together with the number and arrangement of the judges, on or before the 5th day of December next.

Mr. INGERSOLL moved that the convention do now proceed to the second reading and consideration of this resolution, which was decided it the negative; yeas 31.

The convention proceeded to the farther consideration of the resolution. submitted by Mr. M'CAUEN, of Philadelphia county, on Saturday last, as follows, viz:

Resolved, That a select committee of persons be appointed to inquire and report to the convention whether the people of this commonweath, by a legislative enactment or by a provision in their new constitution, can repeal, alter or modify an act of assembly of this commonwealth, entitled "An act to repeal the state tax on real and personal property, and to continue and extend the improvements of the state by railroads and cina's, and to charter a state bank, to be called the United States Bank," passed the eighteenth day of February, A. D. eighteen hundred and thirty-six; and if the people have such power, whether it would be proper and expedient to repeal, alte or modify that act, or any part thereof; and in what way, and on what terms the same should be done.

The question recurring on the motion of Mr. ScoTT, to postpone the consideration of the same until the fifth day of December next.

Mr. Scorr, of Philadelphia, rose and said, when he submitted his motion to postpone the farther consideration of these resolutions till a future day, he had stated the reasons which induced him to make that motion. Among these reasons, he had referred to the incidental way in which these resolutions were called up. The gentleman who was their author, (Mr. Doran) had not intended to bring them forward for the consideration of this body. The busy part of the session had gone over without any motion being made for their second reading. The house

was now thin, and the peculiar circumstances of the convention were adverse to a candid and deliberate examination of the subject. He would add that it was contrary to parliamentary practice that not the mover of a resolution, but any other person who chose to assume the control of it, should take it out of the hands of him who offered it. Although, according to parliamentary practice, he had asked indulgence to make a few remarks before the resolution was taken up, he was surprised at the I manner in which his application was met. He was surprised that a gentleman should have adverted tauntingly and unkindly to the absence of many of our friends. The course of that gentleman had been usually liberal, and it was known that he himself in the discharge of his duties in the post office department, was sometimes necessarily absent from his duties here. But the gentleman had, on this occasion, only come up to a prescribed duty, and this must be his apology.

Nor (said Mr. S.) was I so much distressed by the taunting tone and language of the gentleman from Lycoming, which was accounted for by the circumstance that, while speaking, he heard the reverberations of the cannon with which the whigs were celebrating their recent victory in New York. But he (Mr. S.) felt obliged to that gentleman because he had put on the resolution a construction, which had not been previously put on it, and which the resolution itself did not, on its face, present. It affects to call merely for the assertion of an abstract principle: but, according to the construction of the gentleman from Lycoming, it contemplates nothing more or less than the instituting of this body into a court of trial of a legislature which three years since went out of office. This novel court of inquiry, then is intended to examine and try those who are not before it.

It had been said that a declaration had been filed, and we are to put in a plea capable of being passed on. But the gentleman should recollect, as a lawyer, that it is not the feature of any court to call for a plea instanter. A few days rule is generally granted in the circuit court. Yet here we are called on for a plea instanter, and it was doubtless intended that there should be a snap judgment. Such was to have been the course. But what would have been thought out of doors of this convention of the people of Pennsylvania, if they had thus concluded the farce of their proceedings? The first act of this farce was exhibited at the last session of the convention, when the reports of the minority of the judiciary committee, on the subject of the judicial tenure, were sent abroad, piles on piles, to be placarded, not only on the oak trees, but on all the hickory trees throughout the commonwealth. But the whole scheme has turned out a splendid abortion.

With regard to the remarks of his friend from Indiana (Mr. Clarke.) By that venerable gentleman he had heard it proclaimed solemnly, and, in this assembly, that the day of courtesy has gone by, and that ordinary parliamentary decorum is no longer to be observed. In lieu of the usual parliamentary courtesy, we are to have substituted a stern and arbitrary power which will trample down all the privileges and courtesies and usages which have been established, in its way to the accomplishment of its object. He was mortified, deeply mortified, to hear this exposition, coming, as it did from a gentleman on this floor to whom, on all occasions, in this body, every kindness has been shewn by every member of this body, whether friendly or in opposition.

Mr. CLARKE, of Indiana, explained. He did not intend to say the day of courtesy had passed away, and that the scabbard was thrown away. He only meant to say that the advocates of the banks came with a very ill grace when they asked for courtesy at the hands of their oppo

nents.

Mr. SCOTT resumed. There was danger in even so general a remark as that. It is first said the day of courtesy has gone by: and then, the gentleman comes, forty-eight hours afterwards, connects this assertion with particular circumstances. But the gentleman was mistaken in sup posing that we, on this side, were advocating the course of the bank the United states. We were pleading no such cause, and our langug would not justify such application of it. We were asking for courtes for the last legislature, as the gentleman from Lycoming (Mr. Fleming had told us we were putting the senate and house of representatives o their trial for acts done some years ago. As to the bank question, be was ready to go into that, at any time. That institution had already been tried by the people, and the verdict was now coming in from Maine. Georgia, New York, and wherever the public voice had spoken. The verdict was a universal one. It was not courtesy for that institution th

we asked for.

He would now say that as all the applications for time and the ordinary courtesy had been refused, he would make no more. He would ask to: no time, but would go at once to the question of indefinite postponement. He would accordingly so modify his motion, in order to give the proposition the fate it so well deserved. He concluded with modifying his motion, so as to make it read-"That the consideration of the said rese lution be postponed indefinitely.”

Mr. DORAN, of the county of Philadelphia, regretted exceedingly th his colleague, by calling up his (Mr. D's.) resolution at this inauspicions time, should have jeoparded its success. He would not complain d want of courtesy in his colleague for doing so, without consulting hin but he did complain of that untempered ardor and zeal which urges the soldier rashly to rush forward into the battle, before the ground has been examined, and thus to expose his own friends to defeat. Of this he did complain. It should have been remembered that every port is not to be carried by storm. Did his colleague reflect on the subject? Had be reflected on the effect which might be produced by his course on the interests of those he and I represent-that on this success of this measure we founded our hope of a repeal of the charter of the Bank of the United States? Or had he reflected on the effect of his motion on the daily labors of this convention? When he could answer these questions to the perfect satisfaction of the convention, then they would tell his colleague that he was perfectly justified in bringing on the action.

However unequal (said Mr. D.) I may be to my colleague in ability, and however much I may admire his learning and talents, I do not desire to fight under his colours and command. What was the history of this resolution? Early in the month of May last, when the commerce of the country was flourishing, and when agriculture was in a condition to reap profits from labor; when the manufacturer was basking in sun shine, and prosperity seemed to be universal, he had introduced the proposition. Was there ever a more propitious time for bringing forward a proposition

concerning charters and corporations? Was there ever a more auspicious season for it? Mr. Van Buren had then been recently called to the national helm, and by this event the rights of the people had been vindicated. In a few days after this time, the whole prospect was sud denly changed. There was a general suspension of payinent; the wheels of the government all stood still; and society seemed to be on the point of resolving itself into its original elements of anarchy. Every one was bound under such circumstances, to do all he could to sustain the country. Could he, at such a moment, or could any one have been justified in urging and advocating a measure calculated to increase the general disorder.

Independent of this, however, there were other consideratiens which controlled his course. When he introduced this resolution, he immediately saw, that, in its effect on this convention, it was calculated to bring out personal feelings and animosities which seemed to have been slumbering or dying away. He then hesitated as to the propriety of proceeding; and after consulting with the democratic members, concluded that it would be better to postpone the farther consideration of the subject, until democracy should have gathered strength to contend with the

monster.

Then came on the New York elections, and the other elections throughout the country; and the empire state, previously the strong hold of democracy, deserted republican principles and went over to the enemy. He could not think that such was a favorable time for bringing forward his resolution.

There were still other reasons not less cogent. The proposition itself involves an important inquiry, and would necessarily lead to two reports, and the question of printing these reports would give rise to an exciting discussion. We have seen cases of this kind, in which a similar course has led to a debate, which has been gone over again, and thus a great expense has been produced to the commonwealth, without any corresponding benefit.

He had therefore been induced by every view he could take of the subject to abandon his resolution, and, in lieu of that course, to move at once an amendment to the constitution, providing for the repeal of the charter of the Bank of the United States. That amendment had been lying in his drawer for some days, and he had shewn it to several gentlemen, both friends and enemies; and there were gentlemen around him who would bear him out in the assertion that he had intended to bring this amendment forward. The principle itself stood on ground too strong to require any course, such as that which had now been taken at a time when so many strong reasons operated against its agitation.

After these remarks, he would only say, in addition, that if the motion of the gentleman from Philadelphia had been for the postponement of the resolution to a day certain, he would have voted in favor of it; but he would now give his vote against its indefinite postponement.

Mr. M'CAHEN said: I must come in for my share of notice in this matter. True, I did not consult my colleague, in regard to the time of bringing forward the proposition. But no matter. I found the resolution on the files, and it was the property of the convention, any one had a