And Mr. BELL asked for the yeas and nays, which being taken, the amendment was negatived-yeas 5, nays 95.

YEAS-Messrs. Bell, Ingersoll, Meredith, Stevens, Weidman-5.

NAYS-Messrs. Agnew, Banks, Barclay, Barndollar, Barnitz, Bedford, Biddle, Bigelow, Bonham, Brown, of Northampton, Brown, of Philadelphia, Butler, Carey, Chambers, Chandler, of Chester, Chandler, of Philadelphia, Clarke, of Beaver, Clark, of Dauphin, Clarke, of Indiana, Cline, Coates, Crain, Crawford, Crum, Cummin, Curll, Darlington, Darrah, Denny, Dickey, Dillinger, Donagan, Donnell, Earl, Foulkrod, Fry, Fuller, Gamble, Gearhart, Gilmore, Grenell, Harris, Hastings, Hayhurst, Hays, Helffenstein, Henderson, of Dauphin, Hiester, High, Houpt, Hyde, Jenks, Keim, Kennedy, Konigmacher, Krebs, Long, Lyons, Magee, Martin, M'Cahen, M'Dowell, M'Sherry, Merkel, Miller, Montgomery, Myers, Nevin, Payne, Porter, of Lancaster, Purviance, Reigart, Read, Ritter, Rogers, Royer. Russell, Scheetz, Sellers, Seitzer, Serrill, Shellito, Sill, Smith, of Columbia, Smyth, of Centre, Snively, Sterigere, Stickel, Sturdevant, Taggart, Thomas, Weaver, White, Woodward, Young-95.

Mr. STERIGERE moved to amend the amendment as modified, by adding thereto the following, viz: "The president judges of the several courts of common pleas, and associate judges of the court of common pleas of the city and county of Philadelphia, whose commissions bear date before the first day of April, one thousand eight hundred and twentyfive, shall hold their offices till the first day of April, one thousand eight hundred and forty; those whose commissions bear date after the said first day of April, one thousand eight hundred and twenty-five, and before the first day of April, one thousand eight hundred and thirty-four, shall hold their offices till the first day of April, one thousand eight hundred and forty-three; and those whose commissions bear date after the said first day of April, one thousand eight hundred and thirtyfour, shall hold their offices till the expiration of ten years from the date of their respective commissions, if they shall so long behave them selves well."

Which was disagreed to.

Mr. S. then asked for the yeas and nays.

Mr. DONNELL, of York, demanded the immediate question; which was sustained.

Mr. STERIGERE then withdrew his call for the yeas and nays.
And, it was decided that the main question should be now put.

Mr. M'CAHEN, of Philadelphia county, asked for the yeas and nays, which being taken, the amendment was agreed to-yeas 65, nays 42. YEAS-Messrs. Banks, Barclay, Bedford, Bigelow, Bonham, Brown. of Northamp ton, Brown, of Philadelphia, Butler, Carey, Clarke, of Beaver, Clarke, of Indiana, Crain, Crawford Cummin, Curll, Darrah, Dillinger, Donnell, Earle, Fleming Foulkrod, Fry, Ful er, Gamble, Gearhart, Gilmore, Grenell, Hastings, Hayhurst, Helffenstein, Hiester, High, Houpt, Hyde, Ingersoll, Keim, Kennedy, Krebs, Lyons, Magee, Martin, M'Cahen, M'Dowell, Miller, Montgomery, Myers, Nevin, Overfield, Payne, Read, Ritter, Rogers, Scheetz, Sellers, Seltzer, Shellito, Smith, of Columbia, Smyth, of Centre, Sterigere, Stickel, Sturdevant, Taggart, Weaver, Woodward, Young-65.

NAYS-Messrs. Agnew, Baldwin, Barndollar, Barnitz, Biddle, Chambers, Chan dler, of Chester, Clark. of Dauphin, Cline, Coates, Crum, Darlington, Denny, Dickey, Donagan, Doran, Dunlop, Harris, Hays, Henderson, of Dauphin, Jenks, Konigmacher, Long, M'Sherry, Meredith, Merrill, Merkel, Porter, of Lancaster, Perter, of Northampton, Purviance. Reigart, Royer, Rus ell, Scott, Serrill, Sill Snively, Stevens, Thomas, Todd, Weidman, Sergeant, President-42.

So the question was determined in the affirmative.
And the section as amended was agreed to.

A motion was made by Mr. M'DOWELL, of Bucks,
That the convention do now adjourn;

Which was agreed to.

Adjourned until half-past nine o'clock to-morrow morning.

WEDNESDAY, FEBRUARY 21, 1838.

The PRESIDENT laid before the convention a communication from Matthew Newkirk, chairman of a committee of arrangement, inviting the members of the convention to attend a temperance festival at the Arch street theatre, on the evening of 22d instant.

Which was read and laid on the table.

Mr. COCHRAN, from the committee to prepare and engross the amendments made to the constitution on second reading for final passage, reported the following resolution, viz:

Resolved, That the following be the title of the amended constitution, viz: constitution of the commonwealth of Pennsylvania, as amended by the convention." And on motion,

The said resolution was read a second time.

And being under consideration,

"The

Mr. SCOTT, Philadelphia, said, he did not know that we were to promulgate an entire constitution, or whether the duty presented to the convention was not to submit merely the amendments to the people. He would like a little more time to reflect on the subject.

Mr. COCHRAN suggested that the convention was required to deposit the constitution in the office of the secretary of the commonwealth, and that, therefore, it was necessary there should be a title to it. As a mem

ber of the committee, he had thought he would offer a title to the consideration of the convention. He saw no good cause for ejecting it. The amendments had been engrossed, and, according to the act of assembly, must be deposited in the office of the secretary of the commonwealth, and he suggested this as a title proper to be prefixed to them.

Mr. PORTER, of Northampton, took a similar view. It seemed from the act of assembly, that the amendments as engrossed are to be submitted to the people, and the amended constitution is to be filed in the secretary's office. A title therefore seems to be proper.

Mr. BROWN, of Philadelphia county, thought it should read "The constitution of 1790, as amended."

Mr. COCHRAN said the title, as it had been suggested, was easy to

be understood. He did not see that it was necessary to be more particular. The sixth section of the act of assembly says "when the amendments shall have been agreed upon by the convention, the constitution, as amended, shall be engrossed and signed by the officers and members thereof, and delivered to the secretary of the commonwealth, by whom, and under whose direction, it shall be entered of record,"

&c.

Mr. AGNEW, of Beaver, said he was willing to agree to the motion with one small objection, as he was a little nice concerning the phraseology. He would prefer to say "the commonwealth of Pennsylvania, as amended in 1838," because the amendments will have to be made by the people and not by the convention. The language contained in the resolution does not exactly carry out the words of the act of assembly. The action of the convention on the amendments is not definitive. It will not be a constitution until it has been adopted by the people. He hoped that the gentleman from Lancaster would concur in these views and modify the resolution as suggested.

Mr. COCHRAN declined to accept the suggestion as a modification. It was true we might say the amendments must be adopted by the people, but eventually the constitution will be amended by the convention.

Mr. AGNEW then moved to amend the resolution by striking therefrom the words "by the convention of 1837," and inserting in lieu thereof the words"in the year."

The schedule (said Mr. A.) fixes the year 1839 for the constitution to go into effect, so that, in point of fact, it will be the constitution of 1839. Mr. MEREDITH, of Philadelphia, suggested that in adopting the language of the amendment, we might be asserting what is not the fact. Perhaps the people will not adopt the amendments.

Mr. BIDDLE, of Philadelphia, said the amendment of the gentleman from Beaver placed the matter where it ought to be. If the people reject the constitution, why then all our work will go for nothing: on the other hand if they adopt it, it will stand just as it is.

The question was then taken on the motion of Mr. AGNEW, and decided in the negative-ayes 25.

Mr. Banks, of Mifflin, did not wish to make any difficulty. Something was certainly wanting. The was a sort of interregnum between May 1837, and the time when this constitution will go into effect. He thought it should read the constitution 1837-1838.

Mr. COCHRAN accepted this modification, and modified it so as to read of 1837-1838."

Mr. STERIGERE, of Montgomery, said the modification made the resolution worse than it was before, and moved to amend it, by striking therefrom the words "by the convention of 1837," and inserting in lieu thereof the words "in the year 1838."

Mr. AGNEW demanded the yeas and nays on this motion, and they were ordered accordingly.

Mr. COCHRAN hoped the report of the committee would be agreed to. We were required to deposit the constitution as amended in the office of the secretary of the commonwealth, with the signatures of the officers and

members. If the people reject the amendments, this formality will be nothing. If they adopt them, it will be evidence of the authenticity of document.

We

Mr. BIDDLE, of Philadelphia said, that he was very sorry to disagree with the gentleman who had offered this amendment. But, what were the facts? The people had chosen the members of this convention to prepare and submit amendments for their consideration; and if they were approved of in 1838, the act would be consummated by them. were entirely beyond their consideration; and the people who were subsequently to be governed by that constitution, had shortly to decide whether or not they would adopt it. This convention having prepared it would give it no efficiency whatever. That fact would not weigh a feather with them; but the act of the people would make it obligatory. There was an analogy that would make this matter quite clear: Suppose a man to get a learned gentleman to prepare an instrument, and to express his desire that he should put his name on the back of it, would that gentleman write on it, "drawn by the learned Mr. A"? or, would he not write these words "articles of agreement between A and B"? And, supposing the constitution to be adopted-what was the name? It was the instrument which was to live-to have a name. What name should we give it? Why-"The constitution of Pennsylvania as amended in 1838." Would not that, he asked, be state of the case as in accordance with the fact? Would it not be the constitution of Pennsylvania as amended in 1838? It was a small matter, but names were sometimes things. It was due from us that we should put things in their proper form, and right that we should call things by their right names. What signified-what importance was it, that we stated these amendments to be the result of our labors ? If the people adopted it, It became their act, and therefore it should be called "The constitution of Pennsylvania as amended in 1838."

Mr. HIESTER, of Lancaster, said that when the proposed title was first reported, he saw no objection to it. Since, however, he had heard the different explanations given in respect to it by the gentleman from the city of Philadelphia, (Mr. Biddle) and others, he had been induced to change his mind. What, he inquired, was the language of the report of the committee? Why, it was "the constitution as amended in convention." Now, that was not the fact, because it required the concurrent action of the people before it could become so. Besides, the convention does not amend, it only proposes amendments. He most cordially agreed with the gentleman from Philadelphia, (Mr. Biddle) who said that names were sometimes things. There seemed to his (Mr. H's.) mind great propriety in the modification proposed by delegate from Montgomery, (Mr. Sterigere.) I met the case exactly-for, it was the constitution as amended in 1838. He hoped, therefore, that it would be adopted.

The question was taken on the adoption of the amendment, and it was negatived-yeas 41; nays 64.

YEAS-Messrs. Agnew, Biddle, Brown, of Northampton, Brown, of Philadelphia, Chandler, of Philadelphia, Cope, Cox, Crum, Darlington, Dickey, Dillinger, Doran, Earle, Fry, Gamble, Harris, Hastings, Hays, Henderson, of Dauphin, Hiester, Hopkinson, Ingersoll, Kennedy, Konigmacher, Long, M'Cahen, M'Dowell, Merrill, Merkel, Montgomery, Overfield, Porter, of Lancaster, Royer, Sellers, Serrill, Snively, Sterigere, Todd, White, Woodward, Young-41.

NAYS-Messrs. Ayres, Baldwin, Banks, Barclay, Barndollar, Barnitz, Bedford, Bell, Bigelow, Bonham, Brown, of Lancaster, Carey, Chambers, Chandler, of Chester, Clapp, Clarke, of Indiana, Cline, Coates, Cochran, Crain, Crawford, Cummin, Cunningham, Curll, Darrah, Dickerson, Donagan, Donnell, Dunlop, Farrelly, Fleming, Foulkrod, Fuller, Gearhart, Gilmore, Grenell, Hayhurst, High, Houpt, Hyde, Jenks, Keim, Krebs, Magee, M'Sherry, Meredith, Miller, Myers, Nevin, Porter, of Northampton, Reigart, Ritter, Russell, Scheetz, Scott, Seltzer, Shellito, Sill, Smyth, of Centre, Stevens, Taggart, Thomas, Weaver, Sergeant, President-64.

Mr. CURLL, of Armstrong, moved to amend the resolution by adding to it the following: "To be submitted to the people for their adoption or rejection."

Mr. C. would merely say that he was not at all anxious with respect to the amendment he had offered. It was immaterial to him what the title was-call it loco foco, or any thing else.

Mr. STERIGERE, of Montgomery, moved the previous question; which was sustained.

The main question was then ordered to be put.

And the resolution was agreed to.

Mr. CRULL, of Armstrong, from the committee on printing, made the following report accompanied by the annexed resolution:

"Whereas, the committee on printing, find it impracticable to have the German copies of the constitution and amendments translated and printed before the adjournment of the convention. They, therefore, present the following resolution to this body for its approbation:

Resolved, That John Ritter, Esq. procure to be translated and printed three thousand copies of the constitution and amendments in the German language, and have the same delivered to the secretary of the commonwealth on or before the thirty-first day of March next, to be under his direction forwarded without delay to the members of the convention in the several counties, by mail, or otherwise, at the expense of the state. The resolution was then read a first and second time.

Mr. STEVENS. of Adams, moved to amend by inserting after the word "printed" the words "under his superintendance by the printer of the German Journal of the convention."

Mr. S. asked for the yeas and nays.

Mr. BONHAM, of York, moved the previous question; which was sustained.

The question was then taken on agreeing to the resolution, and it was decided in the affirmative-yeas 66; nays 31.

YEAS-Messrs. Agnew, Banks, Barnitz, Bedford, Bell, Bigelow, Bonham, Brown, of Northampton, Brown, of Philadelphia, Chauncey, Clarke, of Indiana, Cochran, Crain, Crawford, Cummin, Curll, Darrah, Dillinger, Donagan, Donnell, Doran, Dunlop, Earle, Farrelly, Fleming, Foulkrod, Fry, Fuller, Gamble, Gearhart, Gilmore, Grenell, Hastings, Helffenstein, Hiester, High, Hopkinson, Hout, Hyde, Ingersoll, Kiem, Kennedy, Krebs, Magee, Martin, M'Cahen, Merkel, Miller, Montgomery, Myers, Nevin, Overfield, Payne, Porter, of Northampton, Rogers, Scheetz, Sellers, Shellito, Sill, Smyth, of Centre, Snively, Sterigere, Stickel, Weaver, White, Woodward-66.

NAYS-Messrs. Ayers, Baldwin, Barndollar, Brown, of Lancaster, Chambers, Chand ler, of Chester, Clapp, Cline, Coates, Cox, Crum, Cunningham, Darlinglon, Denny, Harris, Hayhurst, Hays, Henderson, of Dauphin, Jenks, Konigmacher, Long, Maclay, M'Sherry, Pennypacker, Porter, of Lancaster, Royer, Russell, Serrill, Stevens, Todd, Young-31.