Mr. WOODWARD, moved to amend that motion, by inserting that the convention proceed to the consideration of the report of the committee on the subject of future amendments to the constitution.

The CHAIR decided that the latter motion was not in order, until the previous motion of the gentleman from Northampton, (Mr. Porter) had been disposed of.

And the question then recurred, on the motion of Mr. PORTER of Northampton,

That the convention proceed to the second reading of the report of the committee to whom was referred the ninth article of the constitution.

Mr. WOODWARD requested the gentleman from Northampton, to withdraw his motion.

Mr. PORTER: For what purpose should I withdraw it? Is it the object of the gentleman from Luzerne, (Mr. Woodward) to give the go-by to the ninth article? If it is, let him say so at once.

Mr. WOODWARD: That is my object.

Mr. PORTER: Does the gentleman intend to say, that his object is to pass over the ninth article entirely and finally?

Mr. WOODWARD: I do say so.

Mr. PORTER: Then I must decline to withdraw my amendment.

Mr. DORAN moved that the convention now adjourn, which was decided in the negative.

The question then recurring,

Will the convention agree to proceed to the second reading of the report of the committee to whom was referred the ninth article of the constitution?

Mr. SMYTH, of Centre, called for the yeas and nays, and they were ordered.

The question was then put, and decided in the affirmative, as follows, viz:

YEAS--Messrs. Ayres, Ealdwin, Barnitz, Bell, Biddle, Brown, of Lancaster, Carey, Chambers, Chandler, of Philadelphia, Clapp, Clarke, of Beaver, Clark, of Dauphin, Clarke. of Indiana, Cline, Coates, Cochran, Cope, Craig, Darlington, Denny, Dickey, Dickerson, Donnell, Doran, Dunlop, Earle, Farrelly, Fleming. Forward, Gamble, Grenell, Hays, Helffenstein, Henderson, of Dauphin, Hiester, Hopkinson, Houpt, Ingersoll, Jenks, Kerr, Konigmacher, Long, Maclay, M'Cahen, M'Dowell, Meredith, Merrill, Montgomery, Pennypacker, Follock, Porter, of Northampton, Reigart, Read, Russell, Saeger, Scott, Serrill, Sill, Sterigere, Thomas, Weidman, Young, Sergeant, President—63.

NAYS-Messrs. Banks, Barclay, Barndollar, Bedford, Bigelow, Bonham, Brown, of Northampton, Brown, of Philadelphia, Butler, Cleavinger, Cox. Crain, Crawford, Crum, Cummin, Curll, Darrah, Donagan, Fry, Fuller, Gearhart, Gilmore, Harris, Hayhurst, Headerson, of Allegheny, High, Hyde, Kennedy, Krebs, Lyons, Magee, Mann, M'herry, Merkel, Miller, Overfield, Purviance, Ritter, Royer, Scheetz, Sellers, Seltzer, Shellito, Smith, of Columbia, Smyth, of Centre, Snively, Stickel, Sturdevant, Taggart, Todd, Weaver, White, Woodward-53.

Mr. FRY, moved that the convention now adjourn, and the question being decided in the affirmative,

The convention adjourned.

FRIDAY, FEBRUARY 2, 1838.

Mr. EARLE, of Philadelphia, presented a memorial from citizens of Philadelphia, praying that an amendinent may be inserted in the constitution of this commonwealth making provision for the more effectual security of freedom of speech, of the press, and of peaceably assembling for public discussion, as well as for preventing violence by mobs and riots, and for compensating those of their heirs who may be injured in person or estate thereby ;

Which were laid on the table.

Mr. EARLE, presented two memorials from citizens of Philadelphia county, praying that a trial by jury may be granted in all cases where liberty is at stake;

Which was also laid on the table.

The PRESIDENT obtained leave of absence for a sew days from today; and,

Agreeably to a rule of the convention, he nominated Mr. PORTER, of Northampton, to preside in his stead, pro tempore.

A motion was made by Mr. HIESTER, of Lancaster,

That the communication from the committee of the house of representatives of this, commonwealth relative to the Debates of the conventiou and read yesterday, be referred to the committee appointed to ascertain and fix the manner of distribution of the Debates and Journals of the convention.

Mr. FULLER, of Fayette, asked whether this committee had not been discharged?

Mr. Cox, of Somerset, said this committee had been raised for a special purpose, and having made report, in pursuance of its instructions, had been discharged.

The PRESIDENT said the convention could refer the subject to any num. ber of gentlemen.

Mr. CLINE, of Bedford, said there was a difficulty as to what legisla ture the work could be given. The debates would not be printed while the present legislature was in session. They would not be embraced in less than ten or twelve volumes of which there had been only two delivered as yet. The printing might occupy two or three years. It seemed to him therefore, to be useless to refer the matter to any committee.

Mr. KONIGMACHER, of Lancaster, moved to amend the motion by striking therefrom the words, "the committee appointed to ascertain and fix the manner of distribution of the Debates and Journals of the convention," and inserting in lieu thereof the words, "a select committee."

Mr. M'SHERRY, of Adams, was not in favor of this amendment. He was one of the committee first named, and was not willing to lose the services of the chairman. There would be a great number of copies of the Debates, which we should not know what to do with. He had no objections to be a member of the committee.

Mr. STERIGERE, of Montgomery, suggested that the gentleman from Lancaster, (Mr. Konigmacher) would of course be chairman of the special committee. So that the gentleman from Adams, would not lose the services of that gentleman. He would move to amend the amendment by striking therefrom all after the word "that," and inserting in lieu thereof the words as follow, viz: "one hundred and thirty-three copies of the Debates of the convention directed to be deposited by the delegates for the public use in public libraries, lyceums and other places, be distributed among the members of the present legislature."

Mr. Cox, of Somerset, thought the members of the legislature no more entitled to copies of the Debates, than any other citizen of the commonwealth was.

Mr. HIESTER, of Lancaster, said, the object was to show respect to the legislature.

Mr. SMYTH, of Centre, entertained doubts of the prudence of any reference. It was the province of the legislature, if they want copies of the Debates, to print them. Thepresent legislature had no better right to copies than that which called the convention. He moved that the resolution and amendment be postponed indefinitely.

Mr. FULLER, of Fayette, was opposed to indefinite postponement. He would not be disposed to treat the communication with contempt. The legislature may have been sincere in the desire to obtain copies, and therefore he could not treat the communication with contempt. They had no more right to copies than other legislatures. If the gentleman from Centre would so modify his motion as to make it merely to postpone the further consideration of the matter for the present he would vote for it. Mr. DARLINGTON, of Chester, demanded the previous question, but the call was not sustained.

Mr. SMYTH, said he had no desire to offer any proposition which was deemed indecorous, nor any wish to occupy the time of the convention. He would ask the yeas and nays on his motion.

Mr. BELL said, that as he was not present in convention yesterday morning, when this question was under consideration, he would ask that the communication from the legislature might be read.

And the communication having been read accordingly;

Mr. BANKS, of Mifflin, said he was in favor of the motion for indefinite postponement. Why should the members of the legislature ask this convention to set apart for them any number of copies of the Debates? It was in the power of that body to appropriate funds for the printing of these Debates for themselves, as they did for Purdon's Digest and other works which were printed under their orders. Why did they not appoint a committee to inquire into the expediency or propriety of printing a certain number for the use of the senate and house, and of the libraries? This was the proper course for them to pursue, if they were anxious to be in possession of the work.

Mr. STERIGERE said, that the legislature could not procure one hundred and thirty-three copies of the Debates, because, if he was correctly inform ed, no such additional copies would be printed. There was a way, however, in which their request might easily be complied with. There was appropriated to each member of the convention, seven copies of the Debates. If each delegate instead of receiving these seven copies were to receive only six, one copy might then be appropriated to each member of the legislature. And six copies, were certainly as many as any gentleman would want to distribute among the libraries, or otherwise, in the various counties. It was not a matter like printing Purdon's Digest, as the gentleman from Mifflin, (Mr. Banks) had intimated, because he (Mr. S.) understood that there were no copies of the Debates to spare.

Mr. CUNNINGHAM, of Mercer, said he thought it was due to the legislature that their communication should receive a respectful consideration. I should be pleased, continued Mr. C., if the gentleman from Montgomery, (Mr. Sterigere) would withdraw his motion to amend the amendment, and the gentleman from Centre, (Mr. Smyth) would withdraw his motion for indefinite postponement, because I might have an opportunity to submit an amendment of my own. I am desirous to give a chance to the legislature to do justice to this convention and at the same time to establish a reciprocal good feeling between the two bodies; and I do not think they can better accomplish this desirable end, than by increasing the amount of our pay. I hope gentlemen will afford me an opportunity to propose an amendment to that effect.

Mr. SMYTH, of Centre, said, he could not withdraw his motion for indefinite postponement. He thought that the matter had better be disposed of now, and in the manner indicated by his motion. One of the resolutions which had been offered in the legislature in relation to the proceedings of this convention, complained of the time and money consumed in consequence of its protracted deliberations. Why then, said Mr. S. should we be instrumental in doing any thing which will increase that expense? If any further expense is to be incurred by the printing of extra copies of the Debates, let it rest with the legislature, and not with this body.

Mr. FULLER, of Fayette, said that he made the suggestion he did as to postponement for the present, not for the purpose of having a debate hereafter, or of referring the communication of the legislature to a committee, but only that time might be allowed the convention to see if that body were sincere in their request. To postpone the consideration of the subject indefinitely would be to treat the legislature disrespectfully; it would, in fact, be kicking their application out doors.

Mr. SMYTH, of Centre said that he did not think that the motion for indefinite postponement deserved so harsh a term as "kicking" the communication of the legislature out of doors. He was aware, however, that he had to take the responsibility of his own acts.

It

Mr. READ, hoped the motion to postpone would not be agreed to. was true, as the gentleman from Mifflin, (Mr. Banks) had stated, that the legislature had money to provide these books for themselves, but it was to be borne in mind that the convention had already expended much money to publish the work. We have appropriated to ourselves (said Mr. R.) more copies than we shall know what to do with; and, in all

probability, it will be a trouble to us to dispose of them. Why should the legislature be put to the expense of providing these books for themselves, when we know not what to do with the many copies which have been assigned to us. I am in favor of granting the request at once.

Mr. BANKS, of Miffiin, desired to put one question to the convention. It was this:-Did the present legislature deserve better at the hands of the convention, or of the state, than the last legislature which authorized the convention; or did they deserve better than the legislature which were to follow? It is very certain, said Mr. B, that these Debates can not be all finished until the present legislature has risen. being the case, what legislature is entitled to receive copies of the Debates, or to what legislature should the preference be given? So far as the copies assigned to myself are concerned, I am willing to appropriate them, to such extent as they will go, to the members of the past or preseut legislature.

That

Mr. CRAIG, of Washington, was opposed to the motion to postpone indefinitely. It seemed to be taken for granted that if a committee was appointed on the communication, the members of the present legislature were to get each one copy of the Debates. He did not now consider this as a necessary inference; it did not follow that the copies should be given only to the present legislature.

Mr. C. here gave way to Mr. Smyth, of Centre, who said he had risen for the purpose of withdrawing his motion to postpone the further consideration of this subject indefinitely.

So the motion for indefinite postponement was withdrawn.

And the question then recurring on the amendment to the amendment, as proposed by Mr. STERIGERE:

Mr. CRAIG resumed.

I am opposed to the proposition of the gentleman from Montgomery, (Mr. Sterigere) confining the distribution of the copies to members of the present legislature. I should prefer that the subject should go to a committee, which should take into consideration whether it would not be better, as well as more courteous to say, that one hundred and thirty-three copies of the Debates should be placed in the representatives' hall, to be at the disposal of the legislature. Being thus placed, we do not say who shall take the books, but we leave to the present, or the succeeding legis. lature as the case may be, to make such disposition of them as they may think proper.

After a few words from Mr. KONIGMACHER, in opposition to the amendment to the amendment, and in favor of his own proposition,

The question on the said amendment to the amendment was taken, and decided in the negative without a division.

So the amendment to the amendment was rejected.

And the question then recurring on the amendment of Mr. KONIG

MACHER;

It was taken and decided in the affirmative; ayes 54-noes 35.

So the amendment was adopted.

And the motion as amended was agreed to.