or three hundred miles in order to testify against one of their neighbours.

To attempt to impeach a judge in Pennsylvania was a folly. It could not be done. The people were in consequence, compelled to submit to injustice, to have their rights trodden under foot, and the only hope which they had of obtaining redress was on the death of the judge. They would have to pray for his dissolution, rather than incur the enormous expense and inconvenience of going to the legislature for redress. Now, this wonld be the result of adopting the plan advocated by the gentleman from Allegheny.

If the people could not submit for seven years, they would have precisely the same remedy as they now have. A judge, however, was to hold his office for seven years, and if the people should not desire his re-appointment, they would pour in their remonstrances against it, and send their committees here to request that the judges might not be appointed. It is a remark in Pennsylvania once a judge, always a judge." He may tyrannize over the people, abuse his commission, as he pleases may become an aristocrat, a time-serving politician, and he may oppress, disturb, and trouble the people, yet there is no getting rid of him. There is no remedy. These were his objections to the adoption of the plan proposed by the gentleman from Allegheny. He did not anticipate that any thing he could say would influence the action of any delegate on this floor.

It had been his intention, in the course of the discussion, to have gone into the subject more fully, but as it had now undergone considerable examination, and inasmuch, too, as there were so many more delegates, who could do the subject greater justice than himself, he should leave it in their hands. He was but a young member of the body, and had come in almost at the close of the session. Therefore, under these circumstances, he thought they would be doing great injustice to themselves to permit him farther to intrude himself upon their attention. Indeed, it would be unpardonable if he did. He had expressed his opinions honestly, fairly, and candidly, and had, at the same time, also stated the views of his constituents,-at least a majority of them. He hoped that whenever he might find himself, though he wished it might be in majority, and he would endeavor to be there, by every honest means in the his power, yet he should be satisfied whether or not. If, he inquired, a majority of the people of Pennsylvania have asked for this change, will you refuse it? Will you refuse to listen to that voice which has been the prevailing one for a great many years past? Will you deny to a large majority of your constituents the rights to which they are entitled? Will you throw back upon them a constitution which, however much they might once have respected it, they now detest and regard as odious? I would not. I believe that the good sense of this committee, composed as it is, of radicals and conservatives and loco focos, will prevail, and that their deliberations will result in the making of a good, sound, and whole. some constitution. If such a constitution should be sent to the people, take my word for it, if not worth a straw, it will be accepted by the

Mr. STERIGERE, of Montgomery, moved to amend by adding the following, viz:

The judges of the supreme court now in commission shall hold their offices until the age of seventy years, if they shall so long behave themselves well. The president judges of the several courts of common pleas, recorders of the mayor's courts, associate judges of the court of common pleas of the city and county of Philadelphia, and judges of the several district courts whose commissions bear date before the first day of April, one thousand eight hundred and twenty-five, shall hold their offices for three years after the first day of April next, and no longer. Those whose commissions bear date on or 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-two, shall hold their offices for five years from the first day of April next, and no longer. Those whose commissions bear date on or after the said first day of April, one thousand eight hundred and thirty-two, and before the first day of April one thousand eight hundred and thirty-six, shall hold their offices for seven years after the first day of April next, and no longer. And those whose commissions bear date on or after the first day of April, one thousand eight hundred and thirty-six, shall hold their offices for nine years from the first day of April next, and no longer, unless any of the said offices shall be limited by law to a shorter period. The associate judges of the several courts of common pleas, except in the city and county of Philadelphia, whose commissions bear date before the first day of April, one thousaud eight hundred and thirty-one, shall hold their offices for two years from the first day of April next, and no longer. And those whose commissions bear date on or after the said first day of April, one thousand eight hundred and thirty-one, shall hold their offices for four years after the first day of April next, and no longer. But any of the said judges or those hereafter appointed, may be again appointed at the expiration of their terms of office respectively."

Mr. S. said that he would be very brief in the remarks he should offer in support of his amendment. It was said the other day, when a similar proposition was offered, that the proper place for it was in the schedule. He then stated that he did not think so, because there was something of the kind in it already. The object of the amendment was to keep the wheels of the government in motion.

In the last constitution of Virginia, matters of this sort are incorporated in a section of it. He regarded this as a substantive part of the amendment itself: and he confessed, with great frankness, that he was not satisfied with the amandment as agreed to, in two particulars. He had bestowed some reflection and examination on the subject, for some time past, and he had come to the conclusion that the inferior officers should be limited to a period of years. He had read some books which he had found in the legislature of the state, not a great while ago, in which he discovered certain principles laid down as contended for by a distinguished member of this state.

He had, therefore, had some opportunity to become acquainted with these subjects, not from mere newspaper accounts, but from personal observation. According to his information, the complaints which had

or three hundred miles in order to testify against one of their neighbours.

To attempt to impeach a judge in Pennsylvania was a folly. It could not be done. The people were in consequence, compelled to submit to injustice, to have their rights trodden under foot, and the only hope which they had of obtaining redress was on the death of the judge. They would have to pray for his dissolution, rather than incur the enormous expense and inconvenience of going to the legislature for redress. Now, this wonld be the result of adopting the plan advocated by the gentleman from Allegheny.

If the people could not submit for seven years, they would have precisely the same remedy as they now have. A judge, however, was to hold his office for seven years, and if the people should not desire his re-appointment, they would pour in their remonstrances against it, and send their committees here to request that the judges might not be appointed. It is a remark in Pennsylvania "once a judge, always a judge." He may tyrannize over the people, abuse his commission, as he pleases-may become an aristocrat, a time-serving politician, and he may oppress, disturb, and trouble the people, yet there is no getting rid of him. There is no remedy. These were his objections to the adoption of the plan proposed by the gentleman from Allegheny. He did not anticipate that any thing he could say would influence the action of any delegate on this floor.

It had been his intention, in the course of the discussion, to have gone into the subject more fully, but as it had now undergone considerable examination, and inasmuch, too, as there were so many more delegates, who could do the subject greater justice than himself, he should leave it in their hands. He was but a young member of the body, and had come in almost at the close of the session. Therefore, under these circumstances, he thought they would be doing great injustice to themselves to permit him farther to intrude himself upon their attention. Indeed, it would be unpardonable if he did. He had expressed his opinions honestly, fairly, and candidly, and had, at the same time, also stated the views of his constituents, at least a majority of them. He hoped that whenever he might find himself, though he wished it might be in majority, and he would endeavor to be there, by every honest means in the his power, yet he should be satisfied whether or not. If, he inquired, a majority of the people of Pennsylvania have asked for this change, will you refuse it? Will you refuse to listen to that voice which has been the prevailing one for a great many years past? Will you deny to a large majority of your constituents the rights to which they are entitled ? Will you throw back upon them a constitution which, however much they might once have respected it, they now detest and regard as odious! I would not. I believe that the good sense of this committee, composed as it is, of radicals and conservatives and loco focos, will prevail, and that their deliberations will result in the making of a good, sound, and wholesome constitution. If such a constitution should be sent to the people, take my word for it, if not worth a straw, it will be accepted by the

Mr. STERIGERE, of Montgomery, moved to amend by adding the following, viz:

The judges of the supreme court now in commission shall hold their offices until the age of seventy years, if they shall so long behave themselves well. The president judges of the several courts of common pleas, recorders of the mayor's courts, associate judges of the court of common pleas of the city and county of Philadelphia, and judges of the several district courts whose commissions bear date before the first day of April, one thousand eight hundred and twenty-five, shall hold their offices for three years after the first day of April next, and no longer. Those whose commissions bear date on or 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-two, shall hold their offices for five years from the first day of April next, and no longer. Those whose commissions bear date on or after the said first day of April, one thousand eight hundred and thirty-two, and before the first day of April one thousand eight hundred and thirty-six, shall hold their offices for seven years after the first day of April next, and no longer. And those whose commissions bear date on or after the first day of April, one thousand eight hundred and thirty-six, shall hold their offices for nine years from the first day of April next, and no longer, unless any of the said offices shall be limited by law to a shorter period. The associate judges of the several courts of common pleas, except in the city and county of Philadelphia, whose commissions bear date before the first day of April, one thousaud eight hundred and thirty-one, shall hold their offices for two years from the first day of April next, and no longer. And those whose commissions bear date on or after the said first day of April, one thousand eight hundred and thirty-one, shall hold their offices for four years after the first day of April next, and no longer. But any of the said judges or those hereafter appointed, may be again appointed at the expiration of their terms of office respectively."

Mr. S. said that he would be very brief in the remarks he should offer in support of his amendment. It was said the other day, when a similar proposition was offered, that the proper place for it was in the schedule. He then stated that he did not think so, because there was something of the kind in it already. The object of the amendment was to keep the wheels of the government in motion.

In the last constitution of Virginia, matters of this sort are incorporated in a section of it. He regarded this as a substantive part of the amendment itself: and he confessed, with great frankness, that he was not satisfied with the amandment, as agreed to, in two particulars. He had bestowed some reflection and examination on the subject, for some time past, and he had come to the conclusion that the inferior officers should be limited to a period of years. He had read some books which he had found in the legislature of the state, not a great while ago, in which he discovered certain principles laid down as contended for by a distinguished member of this state.

He had, therefore, had some opportunity to become acquainted with these subjects, not from mere newspaper accounts, but from personal observation. According to his information, the complaints which had

confined to the judges of the inferior courts. Very few, if any, complaints, had been made against the supreme court judges. To reform the inferior courts, therefore, was all that was now required. Sufficient for the day is the evil thereof. Let us apply the remedy as far as it is required, and no farther. When the same reasons apply to the supreme court, let the same remedy, by an amendment to the constitution, be extended to it. There had been only one case against the supreme court. In one case there had been an incorrect decision, which had become law in another case.

The case of Judge Peck, of the federal court, had been alluded to. He did not intend to go into a particular view of this question, but it seemed to him to be impossible that any sound man should come to the conclusion that the provision proposed should be extended to the supreme

court.

But it ought to extend to all the inferior courts; not for the reason that they have been found deficient in some respects, but for a great variety of reasons, independent of that. The men who become unfit by age, or by mental aberration, or by bad habits, ought to be got rid of, through an amendment. The proposition was not in conflict with the amendment already agreed upon, because the ages of the judges were such as would not carry them beyond the periods now agreed to. On an average, their time would not be so long as that. Their commissions do not all expire at the same time, and if they did, they would all be appointed by the same executive; the consequences of which might be, to overturn all the decisions of the courts, to the very great injury of the interests of the commonwealth. We should regard the expiration of the commissions at the same time as very inconvenient. Let some go out at one time, and some at another. They should be divided into classes according to his plan. His amendment divided them into four classes. He had no objection to any other arrangement; but this, it appeared to him, was the best one that could be devised. So far as concerned himself, he would rather vote for the clause, with this amendment to it. Marshall and Kent were probably as well qualified for their situations, up to the last day of their service, as they were when they were appointed. But many other men fail in intellect and physical energy, long before the age of seventy.

These remarks he had made, to explain the nature of the amendment which he had offered. The example of this provision was set by the state of Virginia, and if there should be any objection to it, he would endeavor to obviate it.

Mr. DICKEY would rather, he said, that the amendment would not be offered at this stage of the proceeding. The proposition belonged more properly to the schedule, after we had settled the tenure. We shall then

be obliged to adopt some provision of this sort. The plan of 1790 was the best one in his opinion-that is, to incorporate all these provisions in the schedule. There it was provided that the existing executive officers should continue to discharge their duties till the month of September, 1791, when their commissions were to expire. We shall also be obliged to have a schedule on account of the representation and classification of

the senate.