OF THE 30NV ENT][01 TO AMEN D THE kClONSTITUTION 0 OF PENNSYLVANIA: CONVENED AT HARRISBURG, NOVEMBER 12, 1872; ADJOURNED, NOVEMBER 27. T0 MEET AT PHILADELPIHIA, JANUARY 7, 1873. HA R RI SBU R G 1B ENJAMIN SING ERLY, STATE PRINTER, 1873. OF TIlE fon~b'cutt olt ir 311z ~t t)e fcrnstitntt tto F IRST DAY TUESDhAY, Novembber 12, 1872. chosen a President. In the meantime, I This being the (lay fixed by the act of tie have lesignated my Chief Clerk, Thonls ~enrcal,Assembhl y, enti~ltled "AL-n a~clt to M'Camlant Jas. L. Selfridge, Clerk of the provide for calling a Convention to amend lous of Itepiesntatis, and Joll. ~the Con(stitution'" approved the eleventh Smull, Resident Clerk of the House of d.-Ly of hprl, An.no Dolnl.uni on- tllOln1san Repiasentatives, as temporary clerks, and,eigoht hundred an;Z seventy-twxo, ior the pt i r pIotin intl 11. J. iason as stenCopersons chosen as delegates to assenmble in graphie iepiLoers, to act until the Con-,Con-vention, a number of the said dele- vention shall supply their places. -ate, suf~ficec it to constitute a qluorumn, The Gonuvention -will now please come to oeinog presernt, the Convention was called e;to order by the Seerretary of the Comnmnon- Tllese are the official returns of the elec-wealth, Hon. Francis Jordan, who adclress- tion nado to the Secretary of the Coled the Con venition as followxs: limeonwealth, arrainged according to ceun — Gentl ne4^ of thLe Convent onheS third ties, and of which the Convention will, sectionohea of th t the Genciael thied- from this time forth, lhave the legal and 8section of the act of the General Assetnaeltual custody. itdly, approvecl the eleventh day ofE A april. d In accordanee with the provisions of the 1872, andt entitled, "A.n act to proide for In eallinol a Convention to a.meled the Consti- act, I x-\ill now iead the proclauation of:rution)," imposes ulol the Secretarv of the Gof ernon he (t uoea~lth the (ty oteling Thle Seeretarv o- the Commonwecalt'h'.the Cominoaawnealth the d.uty of calling then read the szid proclamation, a~ for tnhe Convention to order at twelve o'clock, the:>,t noon, on the second Tuesday of'Novem- lo s ier, 1872, of subinitting the official returns PIENNSYSLV\NIA: 88:,of election, anid of reading the proelaina:- _ri the Name and by the lAuito,0rity of tJhe'ion of the Goverlor, derlaring the namLies C'onnonwealth of Pennzsylvania, J'oHN of the persons- chosen as nemlllers of the WV. G:EATRY, Governgr of the satd oon-Convention. Thle day and hour designa- nitonwealth.'ted by law for these purposes having arrived, IJ am here to perform-i the d(uties in POCL ATl-ION. posed. WHI-IEREAS, It is pro7vided in and by an11 The other duties requmired of the Secre- act of the General Assembly of this Comn-;tary of the Cormnzmonwxxealth by said act of imeonwealth, em.titledt "An Act to providcl _Assembly havre 1been diseharged, and re- for calling a (Convention to amend the -port thereof to the Convention will be Constitution," approved the eleventh day -lmade immlnediatelv aftser it shall have of April, A. D. 1872,'-TThat the Secretary 4 IDEBATES OF THE of the CommonweaIth shall, as soon as Lhe jority of two hundred and forty-one ovel returns of said election shall be received R. E. Shapley, and hence I am unable to by him, and at all events within fifteen proclalim or declare either of these two clays after the election, in the presence of persons elected. the Governor and Auditor General, open From the Fourthll Senatorial district, in and compute all the returns received of the city of Philadelphia, William D. Bavotes given for members of the Conven- ker, J. Alexander Simpson and Edwcard tioll and the Governor shall forthwith is- R. WoTrrell. sue his proclamation, declaring the names From the lFifth Senatorial clistrict, conlof the persons who have been chosen meme- posed of the counties of Chester and Delabers of the Convention.l " ware, John M. Bro, mall, ~Williamn DarAnd,er. eaas, The Secretary of the Com- linrgton and Joseph Helnphill. rllonwealth did, on the tawrenty-first day of F1rom the Sixth Senatorial district, comOctober, A. ID. 18727, in the mnanner plo- posed. of the county of Montgomery, James vicled in the act of the Genera.l Assembly Boyd, Charles Hunsicker and George N. aforesaid, open and compute all the returns Co0son.. received of votes given for members of the From the Seventh Senatorial district, Coinvention. composed of the counties of Bucks and Am1 wtVereas, It appears by the rhetualrns NorthahIpton, Charles Brodlheac, Georgc of the general election held on the second Ross and Georg-e Lear.'I'Tuescday of October, irnstant, being the From theEighthSenatorial distrie, coineighth dcay of said mwonth, that the names posed of the county of Berks, George G. of the persons who have been hosllcen ue- Larclay, Hen6ry \r Smith anCld Henry bels o,f the Convention, ar eas follows, viz: Van eed. WTrl. M. M: ieredith, J. Gillingham Fell, From the Nintlh Senatorial district, com — [uIarry White,William Lilly, Linn Barthol- posed of the county of Lancaster, DaCiid omew, IHugh N. M'Allister, William Da- VW. Patter ion, Henmry (Carter ancl Henry vis, Jamles XL Reynolds, Samuel BE. Dinl_ G.. Smith. nick, George V. Lawrence, William H. From the Tenth elnatorial district, comArmstrong, David N. White, William H. posed of the county of Scht ylkill,, Joel B.. Ainey, John H. Walker, George W. Wood- MI'Camant, Jolue ta. eetherill aaecd Thom.ward, Jeremiah S, Black, Anchew G. Cur- as R. Bannan. tin, William J. Baer, William Il.L Smrith, From the Eleventh S.ento-rial district, Frankliln B Gowe-n, John H. Campbell, composed- of the counties. of Lehigh. and Samuel H. Reynolds, James Ellis, Satumuel Carbon, Charles NL. PRunk> Zacblmiah Long C. T. Dodd, George M. Dallas, Robert A. and Edward tLarvey. Lamlberton, Andrew A. Purman and Wma. From- the; Twelfth n~u.atoril district. L. Corbett, dlc-egates at large to said Coni- colmpsed of the Cunties (if Daulphin and, vention., 4Letamen, Josiah Funck, Wvayne Mace Henry C. Car-y, Ed.ward C. Knig-ht, Veaoh ncl Haailton Arlick John Price Wetherill, Lewis C. Cassidy, t; James H. H i Fromu. the Thirteenth Senatorial district., James H. He'e-rin and Theoclore Ctivler. fro-. at m the.city of. tcompaolnlose of the counties of Luterne, Meondelegates at lar:gle roix the cty of Phila- ro deloe alncd Pike, HeIxry S.. Mott, Gicldeon W,. *de.lphia... Palm.er, Al.braham B. Dunling Daniel Lao Frcnz the First Senatoril district, in tie. Daniel L. city of Philacl.elphia, Johln Bardsley, Jas e nry W. Palmer ald. WV. M. Newlin and George WV. Biddlce. t. From the Second Sernatorial districl', iln Iroan thae Fcourteetnth Seatoolal cdistrict, the city of Philadelphia, John E. Addicks, complsecl of the counties of Bralfod4 Sus — William B. Hlanna and. John R. Reac. quelanna, Wa;ye ad Wyollilgr George From the Third Senatorial district, in F. Horteon, Willianl J. TuLrell and Josepl tile city of Philadelphia, M. Hall Stanton. and William E.. Littleton; and in this cris- From the Fi-eernth Seni-atorial distriei, trict the official return madce to, the Secre- comnospecd of the coIuntiesof' Columnbia,, Lytary of the Commronwealth by the return conminrg,, Montours candc Sullivan, Joihl J. judges shows the election of R. FK Shap- Metzger, John. (i Freeze and Henry C. ley, by a majority of two hunciled and folr Parsons. ty-one, over Benjamrin L. Temple, whils't From the Sixteentlh Senaterial district, the certified copy of the returns, filed in composec of the counties of CBnmeron, MlY\the office of the prothonotary, show-s the Rean, Potter and Tiog.a, Jolmh S. Manin, election of Benjamin L. Temple, by a mna- Jerome B. Nllesan dI Mortimner F. Elliett, CONSTITUTIO NAL CONVENTIOiN. From the Seventeeth Senatorial distrlc:, ren, Thomas Stiruthers, Charles O. Bowcomposed of the counties of Snyder, Perry, man and Rasselas Brown. Northumberland and Union, Joseph Bai- Nkow, therefore, I, Jo-IN. INV GARYit, ly, Levi Rooke and John P. Cronmiller. Governor as aforesaid, haveissued this inmFrom the Eighteenth Senatorial district, proclamation, hereby publishing and decomposed of the counties of Clinton, Cam- claring that the persons hereinbefore bria, Clearfield and Elk, George Achen- named have been returnedas duly eleecl' bach, John G. Hall and AShel C. Finney. delegates froim the- State at large, deleFrom tiheNineteenth Senatorial district, gates at large froml the city of Philadelphia, composed of the counties of Cumberland and as delegates from the different Senaand Franklin, Samuel M. Wherry, J. M'- torial districts of the State as hereinbefore Dowell Sharpe and John Stewart. recited, and are the names of the persons From the Twentieth Senatorial district, who have. been chosen members of the composed of the counties of Adahms and Convention, to assemble in the hall of the York, Willian M' Clean, John Gibson and' House of Representatives, at the State Thomas E. Cochran. Capitol, in Harrisburg, onthe second TuesFrom the Twenty-first Senatorial dis- day, being the twelfth day of November, trict, composed of the counties of Bedford, A. D. 1872, at twelve o'clock NI., on that Fulton, Blair and Somerset, Samuel L. day, to revise and amend the Constitution Russell, James rW. Curry and Augustus of this State, in accordance with the proS. Landis. visions of the aforesaid act of the General From the Twenty-second Senatorial dis- Assembly of this Commonwealth. trict, composed of the counties of Centre, Given under mly hand and the Great Seal Juniata, Mifflin and Huntingdon, John of the State, at HIarrisburg, this twentyM. Bailey, Andrew Reed and John M'Cul- second day of October, in the year of loch. our Lord one thousand eight hundred From the Twenty-third Senatorial dis- and seventy-two, and of the Commontrict, composed of the county of Allegheny, wealth the ninety-seventh. Thomas MacConnell, Samuel A. Purvi- JNO. W. GEARY. ance, Thomas Ewing, John W.' F. White, BY THE GOVERNOR: Matthew Edwards, Thomas Howard Mal- FRANCIS JORDAN, colm Hay, John B. Guthrie and Thomas S'ecretary of the Commonwealth., H. B. Patterson. The SECRETARY OF THE COMiMAONFrom the TNwsenty-fourth Senatorial dis- WEALTiH. The next thing in order, I suptrict, composed of the counties of Indiana pose, will be the calling of the roll, to asand Westmoreland, Daniel S. Porter, An- certain whether or not these persons are drew M. Fulton and Silas M. Clark. present, or how many of them. The Clerk From the Twenty-fifth Senatorial dis- will please call the roll. trict, composed of the counties of Fayette The Clerk then called' the roll, and the and Greene, Daniel Kane, Charles A. following -named members answered to Black and John Collins. their names: From the Twenty-sixth Senatorial dis- DELEGATES AT LARGE IN THE STATE.trict, composed of the counties of Beaver, William H. Ainey, William H. Arnmstron-g, Butler and Washington, John N. Purvi- William J. Baer, Linn Bartholomew, Jeraance, Thomas R. Hazzard and William miah S. Black, John H. Campbell, Williamn Hopkins. L. Corbett, Andrew G. Curtin, George M. From the Twenty-seventh Senatorial Dallas, William Davis, Samuel E. Dimdistrict, composed of the counties of Cla- mick, Samuel C. T. Dodd, James Ellis, rion, Armstrong, Jefferson and Forest, J. Gillingham Fell, Franklin B. Gowen, George W. Andrews, JohlM'lMurray and Robert A. Lamberton, George V. LaxwJohn Gilpin. rence, William Lilly, Hugh N. M'Allister,,From the Twenty-eighth Senatorial dis- William M. Meredith, Andrew A. Pumtrict, composed of the counties of Law- man, James L. Reynolds, Samuel H. Revrence, Mercer and Venango, David Craig, nolds, Willianl H. Smnith, John H. WTXTManly C. Beebe and Robert M. DeFrance, ker, David N. White, Harry White an:i From the Twenty-ninth Senatorial dis- George WV. Woodward. trie.t, composedl of the county of Crawford, DELEGATES AT LA-RGE IN PHILADE1LFrank Mantor, Sahmuel Minor and Pearson PHIA CITY. —Ienry C. Carey, Lewis C. Church. Cassidy, Theodore Cuyler, James I. H-v From the' Thirtieth Senatorial district, erin, Edward C. Knight and Johnl Pr:cn composed of the counties of Erie and War- Wetherill. 6 ~~DEBATES OF THE DISTRICT DELEGATES.-John E. Ad- presence, recognizing Thy presence, and (licks, Hamilton Alricks, George W. An- humbly and gratefully make mention of drews, Georgle A. Achenbach, John M. Thy goodness and mercy, which have folBailey, (Huntingdon,) Joseph Baily, lowed ug all the days of our lives, even to (Perry,) William D. Baker, Thomas R. this hour. VWe seek divine wisdom and Bannan, George G. Barclay, John Bards- divine guidance in the opening of the sesley, Manly C. Beebe, George W. Biddle, sions of this Convention, praying that tho Charles A. Black, Charles 0. Bownman, Lord, in his infinite merey, -will be pleased James Boyd, Charles Brodhead, John iM. to preside over- the deliberation of this Broozzall, Rasselas Brown, HXenry Carter, body. Be pleased to grant successful re-Pearson Church, Silas M. Clark, Thoimas sults to its deliberation, so that the best inE.:Cochran, John Collins, George N. Coi- terests of this Comlnonwealth, and the son,, David Craig, John P. Cronmiller, greates good to the greatest number oEf J.ames W}. Curry, William Darlington, our citizens may thereby be secured. Exlrobt.M. DeFrance, Abrahaml B. Dunling, cept the Lord tutild the houe, they labor Matthew Edwards, Mortiiner F. Elliott, in vain that built it; except the Lord keep Thomas Ewing, Ashel C. E'inney, Joh G. the city, the watchman waketh, but in Freeze, AndrewM. Fulton, Josiah Funck, vain. So we gratefilly and devoutly reJohn Gilpin, Jno. B. Guthrie, Jno. G. Hall, cognize our need of Thy guidance and of Wi. B. -Ianna, Edward Harvey, BMalcolm Thy aid, which Thou, the Father of our Hlay, Thos. R. Hazzard, Joseph Hemlphill, mercies, the Ruler of this universe, art Win. Hopkins, George F. Horton, Thomas pleased to give, and doth give, in answer Howard, CarrlesHunsicker, Daniel Kaine, to prayer. Be pleased, therefore, we beAugustusS. Landis, George Lear, William seech of Thee, to galide in the choice of E. Littleton, Zachariah Long, Joel B. the officers of this Convention; be pleasedl M'Camalt, William M'Clean, Thonmas, to guide in the rules which they may MacCionnell, John M'Culloch, John M'- adopt; be pleased to guide in allthat conies Murray, Wayne MacVeaghl, John S. Mann, before them for decision, so that Thy Frank Mantor, John J. Metzger, Samiel name may be honored,-and so that the inbMinor, Henry S.i- Mott, James- V. M. N~ew- terests of truth, and justice, and peace may in, Jerome B. Niles, Gideon W. PalmIer, be secured. These blessings we ask in Hemnry W. Palmer, Henry C. Palsons, the name of our divine Lord and Savior, David W. Pattesoln, Thomas H. B. Pat- Jesus Christ, who hath taught us to pray, terson, Joseph G. Patton, Daniel S. Porter, Our Father which art in Heaven, hallowed IZewis Pughe, John N. Purviance, Samuel be Thy name; Thy kingdom coime, Thy A. Parviance, John R. Read, Andrew will be done on earth as it is in Heaven. Reed, Daniel L. Rhone, Levi Rooke, Geo. Give' us this day our daily bread, and forRoss, Charles M. Runk, Samuel L. Rus- give us our debts as we fbrgive our debtsell, J. M'Dowell Sharpe, J. Alexander ors, and lead us not into temptation, but Simpson, Henry G. Smith, H-[enry W. deliver us from evil, for Thine is the KingSmith, M. Htall Stanton, John Stewart, dom, and the power and the glory forever:, Thomas Struthers, MWilliam J. Turrell, AmIen. Henry Van Reed, John M. Wetherill, Samuel; M. Wherry, John WV. F. White and Edwclard R. Worrell. Mr. DARLINGTON. Mr. Chairman: I John Gibson, of the Twentieth Senato- presume, sir, the next business in order rial district, was absent. will be the election of officers for the ConThe SECRETARY OF THE Co)lMoIN- vention. WEALTH. In conformity with precedent, The SECRETARY OF THE COiMONand in recognition of the fact that this is WEALTH. The Chair is ready to receive a christian Commonwealth, it is deemed any motion looking in that direction. proper the Convention should be opened Mr. DARLINGTON. Then, sir, in accord-withl prayer. iance with the suggestion of a number of PRAYER. friends, and quite in accordance with my own sentiments, I beg leave to nominate Prayer was then offered by Rev. Dr. A. the Hon. Wrin. M. ~Meredith: as a candidate K. Sti-ong; pastor of the Pine street Pres- for the presiding officer of this Convenbyterian church, of Iarrisburg, as follows tion. Almighty and all merciful G-ed, in Mr. PtR-vIANdC-E, (Allegheny.) Mr. whoml -we live d'nd move, andi hmave our Chairman: I rlse, sir, to perfoim the pleasbeing, we bow ourselves in T1hy xtost 1holy'ant duty of seconding the nomination of CONSTITUTIONAL CONVENTION. 7 the gentleman from Chester, which I now swearing in the members, I suggest-I do do, for the Hon. Winm. M. Meredith to be not make a motion-but I suggest that the called to preside over the deliberations of Clerk call the roll, commencing alphabetithis Convention. cally at the head, and call as many as The SECRETARY OF THE COMMON- can conveniently stand around the Clerk's WEALTH. Mr. Meredith has been nomi- desk, and then let the Secretary of the nated, and the nomination seconded, for Commonwealth administer to them the President of this Convention. Are there oath. When they are through let them any other nominations? If not, the Clerk retire, and another class come up. will proceed with the calling of the roll. Mr. KAINE. Mr. President: There is Mr. HAY. There having been no other some difficulty in that suggestion. I nominations for the office of President of think the usual manner of swearing the this Convention, I move that the calling members of the Legislature here is to first of the roll be dispensed with, and that Mr. call those who swear by the uplifted hand, Meredith be elected unanimously.' and those who swear by the book, and The motion was unanimously carried. then those who affirm. In calling the Mr. MACV-EAGH. Mr. Secretary: In re- names alphabetically, as suggested by the membrance of the labors of our prede- gentleman from Indiana, members may cessors last assembled for the same pur- assemble to be sworn in the respective pose for which we are gathered here, I ways named, either to affirm or swear by move you that two of the surviving mem- the uplifted hand, or the book. I bers of that Convention, Mr. Woodward, would suggest' that the members who of, PhilAdelphia, and Mr. Darlington, of swear by the book be first called, and Chester, be requested to conduct Mr. Mere- then those who swear by the uplifted dith, the President elect, to the Chair. hand, and then those who affirm. The motion was unanimously carried. The PRESIDENT. The plan the Chair The SECRETARY -OF THE COMMON- has adopted, and the one that will be purWEALTH. Mr. Woodward and Mr. Dar- sued, unless otherwise ordered, is to call, lingtonwill pleaseperformthedutyassign- first, those who swear by the book; sec ed.them. ond, those who swear by the uplifted The Presiclent elect, Tm. M. Meredith, thand; and third, those who affirm. A: of Philadelphia, was then conducted to the slight delay has been occasioned by the Chair by George W. Woodward,'of Phila- unfortunate fact that bibles are not, it delphia, and William Darlington, of Ches- seems, very common here, and it was neter. Upon taking the Chair, the President cessary to send out to get some. [Laughaddressed the Convention as follows: ter.] The President then directed the calling Gentlemen: You have my hearty thanks of the roll, and those who swore by the ibr this mark of your confidence. I bespeak and shall need your kind aid in the book came forward, and the following discharge of my duty, and shall desire as adninisteredtothem d e "You and each of you do severally your forbearing consideration if I should "You and each of mlls, uninteltionally into error. The Con- swear that you will support the Constituventiony will come to orde. tion of the United States, and that you will perform your duties As Delegates teo OATIH ADMINISTERED TO THE PRESIDENT this Convention with fidelity, so help you AND MEMBERS. God." Mr. KAINE offered the following reso- Those who swore by the uplift6d hand lution, which was twice read and adopted: then came forward, and the followingoath Resolved, That the following oath be ad- wa administered to them ministered by the Secretary of the Com- "You and each of you do swear by A1mlonwealth to the President and mem- mighty God, the searcher of all hearts, bers of this Convention: that you will support the Constitution of "You do swear (or affirm) that you the United States, and that you will perwill support the Constitution of the United form your duties as members of this ConStates, and discharge your duties as a vention with fidelity, and that as you member of this Convention with fidelity." shall anqwer to God at the great day." The Secretary of the Commonwealth Those who affirmed then came forward, then administered the above oath to the and were qualified as follows: President of the Convention. "You and each of you do solemnly, sinMr. HARRY WHITE. Mr. President-: For cerely and truthfully declare atnd affirm Lhe purpose of expediting the business of that you will support the Constitution cf S - DEB-ATES OF THE he United States, and perform your du- tion of 1837, until othetrvise ordered, be ties as members of this Constitutional Con- adopted for the government of this Con — vention with fidelity, and so you afmrm." vention, and that' two hundred copies of NIATN FOM E ECRETARY the same be printed for the use of the memn COMMUNIcATION FROM'THE SECRETARY OF THE COMMONWEATHI. er Mr. HARRY WHITE. SO far as appliThe President then laid before the Con- cable vention a communication from the Secre- Mr DALLAS. I move to amlld, by tarv of the Commonwealth, which was adding'the following: "Bat so mulh of read. [See Journal] said rules as refer to the a.ppointment ot RULES FOR THE CONVENTION. standing committees shall notbe includedc Mr. HorPIrN-s offered the folIowving redso- as part of the rules of this Convention.' ution, which was twice read: Mr. HOPINS. I should like to know lution, which was twice read:, what, it is proposed to strike out. I have Besolved That the rules of the House of never seen the rules, that I remember, of Representatives of this Comlxonwealth, the Convention of 1837. so far as applicable, be adopted for the In of tMr. DALLAS. I see that a member in government of this Convention. Mront of ime has a copy. I ask that it be striking out all after the word tResolaend", sent to the Clerk's desk and read for inforstriking out all after the word "1-Resolvedl," nmation. andl inserting in lieu thereof the followigMr. MACVEAGH. They are not long, ing: "That the Rules of the Convention of and I ask that they be all rad. 1837, until otherwise ordered, be adopted The Clerk read that part of the rules of for the government of this Convention." the Convention of 1837, which it was proMr. MANN. -I second that motion. posed to strike out. Mr. HOPKINS accepted the amendment. Mr. DALLAS. I propose to amend, by Mr. DARLINGTON. Mr. President: I striking out all that portion which prowish to say merely that those rules were vides for the appointment and duties of carefully considered and adopted by a the sevetrl standing committees which comlnittee of the Convention, and then by can have no status here. the whole'body, and answered for the Mir. CLARK. Mr. President:.The rules government of that Convention. They which have been read, if I am not misare much more appropriate, I presume,. taken, were rules which were reported by for the governments of this Convention a committee, but I am not certain whether than the rules of the House of Representa- they were made the rules of the Conventives. They are easily accessible in the tion of 1837. They were subsequently disfirst volume of the Debates of that Con- cussed, and, I think, modified. vention. Mr. WVHITE, (Indiana.) Mr. President- Mr. KAINE. I would inquire of the gen- I believe but one amendment to this resotleman from Chester (Mr. Darlington) lution is before the Convention. I offer where those rules are to be found? the following as an amendment to the Mr. DARLINGrON. In the first volurne sanlendmenrt, to come in at the close. of the Debates and in the Journal. The amendment was senit to the Clerk's Mr. MANN. On page 28. I move to desk. amend, by requesting the Clerk to have Mr. HOPKINS. I suppose the peldihng printed' 200 copies of these rules, for- the question is on the amendment offered by use of the members of the Convention. the gentleman on my left, (Mr. Dallas,) Mr. JNO. PRICE WETHERILL. I hope which is an amenrdmelnt to the resolution not.- We may not use those rules but a as modifiedl by myself. The gentlelllan day. from Indiana (Mir. White) proposes to Mr. MANN. The reason why I desire amend that amendment. them printed is that members can see Mr. CUYLER. Mr. President; Would it what' they are-whether they will have not be better for us to adopt the rules of them continued. They are the rules order of the Senate of Pennsylvania, leavadopted by the Convention of 183f. ing the rulesfor future consideration?. Is Mr. HOPKINS. I accept that, also, as a it not premature at this time to discuss the modification of my resolution. organization of committees? All we want The resolution, as modified, was then now is the laws of parliamentary practice. read, as follows: Mr. MACVEAG-I. Mr. President: I conResolved, That the rules of the Conven- cur most cordially in that view, with the CONSTITUTIONAL CONYVENTION. 9 exception that I do not see the necessity little interest in its proper disposition. I foi the adoption of any rules. The coin- do not represent that district in any part, mon; law of parliamentary bodies, as ad- but represent the State at large. I hapministered- by the Chair, is sufficient until pen, however, to reside there, and I. am we have a committee to present rules. I extremely anxious that whatever iS done submit that it is entirely unnecessary to by this Convention in that matter shall be adopt the rules of the House or Senate, or done with due deliberation. Neither of of the old Convention, but simply to rely these gentlemen are personal intimate upon the common law of deliberative as- friends of mine. The result is of no consemblies, as administered by the Chair, sequence to me, but it is of consequence until a committee can consider the matter to every member of this Convention, and and present a carefully digested report; it' is of consequence to the people. of that and I trust, therefore, that the motion as district that this 4uestion should be very amended will be voted down, and that~we carefully considered before it is decided. will proceed with the organization. The motion to refer this to a committee of The amendment to the amendment (of- five, if carried, will result probably in a fered by Mr. White (Indiana) was then divided committee as to its political com-read, as follows: plexion. "And the Chair shall appoint a commit- The PRESIDENT remarked that refertee of seven to report to the Convention ence to the political predilections of memlrules for the government of its proceed- bers was not in order. ings." - - Mr. DALLAS. If I am in error I ask Mr. BOYD moved that the whole subject pardon. Tle law under which we are be laid on the table for the present. organized provides that in the case of a The motion was agreed to. vacancy in a district, the vacancy shall be APPOINTMENT OF CHIEF CLERK. filled by the delegates at large who were voted for by the same class of voters who Mr. HARRY WHITE offered the followr. HARRY ITE offred the follow- voted for the person whose resignation or ing resolution, which was read: 9 death has made a vacancy. Resolved, That D. I. Imbrie, Esq., be hat. L. mbrie, Esq., e It is clear that one or the other of the and is hereby declared'to be the Chief gentlemen named has been elected I do gentlemen named has been elected. I do Clerk of this Convention. Cle oths Cn ention, not suppose there is a vacancy. I think The PRESIDENT. The Convention not there is no doubt about the class of voters having yet come to any order upon the having yet come to any order pon t who voted forthese gentlemen, and I move subject of officers, the Chair is in doubt as to.amend the resolution so that the questo whether it is in order to offer such.a tion be referred to the. fourteen delegatew resolution at this time, and will submit at large who were chosn to this Conat large who were chosen to this Conthat question to' the consideration of the. vention by the minority party of, the Convention. tate The decision of the Chair was sustained., Mr. SIMPSON. It is a matter in' whiclh CONTESTED SEAT. I have no personal interest, except as,a Mr. SIMPSON. Mr. President: I rise to a matter of right.. - I accept the amendment. question of privilege. The Convention is I am requested by some members to say aware of the fact that the Governor, in his that the. two gentlemen between whom proclamation, has declared the election of the seat is in controversy are of the same but two persons from the Third Senatorial political party as the delegates to whom it district of Philadelphia, and has declared is proposed to refer this question. his inability to say which of two other Mr. MACVEAGH. Mi~r. President: If in persons was elected. I offer the following order, I would state, in reference to this resolution. subject, that I am entirely unable to 1nThe resolution was read, as follows: derstand how the eighth section is to be Besotvecd That a committee of five be applied. appointed to inquire into and report to The PRESIDENT. The resolution, as this Convention whether R. E. Shapley or modified, has not been read. Benjamin L.' Temple is entitled to a seat The iresolution, as modified, was read, in the Convention from the Third Senato- as follows: rial district. Resolved, That the delegates at large last Mr. DALLAS. Mr. President: I happen named in the Governor's proclamation be to reside in the same district'in which this appointed to inquire into and report to question' arises, and therefore have some this Convention, whether R. E. Shapley 10 DEBATES OF TIHE or Benjamin L. Temple is entitled to the The resolution as modified was then seat in the Convention from the Third adopted. Senatorial district. ADJOURNMENT TO PHILADELPHIA.. Mr. MAOVEAGH. Mr. President: It oc- Mr. LITTLETON. Mr. President: I decurred to me to ask whether the gentle- sire, at this time, to present to the Conman from Philadelphia had any definite vefition resolutions unanimously adopted understanding how we were to apply the by the councils of Philadelphia, asking eighth section of the act to this case. I this Convention to hold itssessions in that cannot understand how I am to know who city. I present them to the Convention voted for Mr. Temple or for Mr. Shapley, for its action. and especially how I am to know that the The resolutions were read as follows: sanme people voted for Mr. Dallas that voted either for Mr. Temple or Mr. Shapley. I CLE P's OFFIdep, SELECT COUNCIL,. know nothing of who voted for any ol' them. Possibly the President does. I am To President of Constitutional Convention sure I am not in a condition to vote upon of Pennsylvania: it, unless I accept the statement of some- SIn:-This is to certify that the followbody else. We have been sworn to dis- ing is a true and correct copy of the original eharge these duties. I have no desire to resolutions approved by his Honor, the imake captious opposition, or to interfere Mayor, the twenty-sixth day of October, in any way in this matter; but here is a A. D. 1872, entitled "Resolution in refersection that says, that " those members at ence to the Constitutional Convention." large of the Convention who shall have Resolved by the Select and Comnmon Counbeen voted for by the same, or by a major- cils of tAe city of Philadelphia, That the ity of the voters who shall have voted for Convention to assemble on the second such district or city member, shall fill-such Tuesday of November next to revise the vacancy." While it is the merest surmise, Constitution of this Commonwealth, be if it is even a surmise, as to who voted for and is hereby respectfully and cordially these men, we are asked upon our oaths invited to hold its sessions in this city, to assume the fact; and as the gentleman and a hearty welcome is herebytendered from Philadelphia (Mr. Dallas) seems to to its members and officers. have information I thought perhaps he Slte fknowI'as aybody of Resolved, That upon fifteen days' notice would give it. I do not know as anlybody ould it. I doof the intention of said Convention to else has the same trouble that I have; but meet and remain in Philadelphia a suhitaunless somebody will show that Mr. Tem- ble ha rnished a pie and the other gentlemen were voted poe f he will be provided for the use of the Confbr by the same people, or a majority of vention, at the expense of this city. the same people who voted for the delegates that were elected upon the ticket Resolved, That a copy of the foregoing with Mlr. Dallas, I do not see why this resolutions be delivered to the President matter should be referred to them. of the Convention imnediately upon its organization. Mr. DALLAS. Mr. President: I have no. Attest: desire to.waste the time of the Convention JOSEPH I-I. PAIST, unnecessarily over a matter of this kind, Assistant Clerk Select Council. but I cannot hesitate to reply to the gen- Mr. BARTHOLOMEW, Mr.President: I tleman's call for information. I did not, teman's call for infomation I did not desire in connection with this communisay that we were within the letter of that cation, if it be in order, to offer the followprovision of the eighth section of the act ing resolbtion: of Assembly, because I distinctly statedl my belief to be that we have no vacancy Resolved, That the invitation of Philain that district. I do not suppose there is delphia to this Convention to hold its a vacancy. But I suppose the spirit of permanent sessions in that city, be acthat section was this, that in case any seat cepted, and that its councils be forthwith that should be filled is vacant-that is, if. notified hereof, and that the " permanent any district entitled to three, has' but two sessions" of the Conventionwill be held in delegates-then in that case the same vo- such hall in that city as its authoritiesmay ters who, under the spirit of the law, would provide for the purpose. be entitled to fill that vacancy, are en- M1.. KAINE. I move that this Conventitledcl to have it filled by. the delegates at tion do now adjourn, to meet to-morrow arge whom they voted for. morning at ten o'clock, and that that be CONSTITUTIONAL CONVENTION. 11 the standing hour of meeting until other- N A Y S. wise ordered. Messrs. Ainey, Andrews, Bartholomew, The PRESIDENT. That motion will have Black, (York,) Bailey, (Huntingdon,) to be divided. The motion to adjourn is Baker, Bannan, Bardsley, Beebe, Biddle, a simple motion, and nothing can be at- Bowman, Boyd, Brodhead, Broom.all, tached to it. Browln, Barclay, Campbell, Corbett, Carey, Mr. KAINE. I move, then, that when Carter, Cassidy, Church, Clark, Collins, the Convention adjourns, it adjourns to Corson, Curry, Cuyler, Davis, Dimmnick, meet to-morrow morning at ten o'clock. Dodd, Dallas, Dunning, Ellis, Edwards, The motion of Mr. Kaine was not agreel Ewing, Fell, Finney, Gowen, Gilpin, to. Guthrie, Hanna, Harvey, Hay, HempMr. CocnHRA. I hope that resolution hill, Heverin, Horton, Hunsicker, Knight, will not be pressed to an immediate vote, Lilly, Lear, Littleton, Long, M'Cainant, but that timle will be taken to consider it i'Connell, M:Murray, Newlin, Palner, before action is taken upon it. I think this I. W'., Palmer, G. W., Parsons, Patton, body is not prepared to decide that ques- Pughe, Reynolds, S. H., Read, (Philadeltion now, and without discussing it, or in- phia,) Rhone, Ross, Smith,'(Allegheny,) dicating my own personal views upon the Sharpe, Simpson, Stanton, Stewart, Tursubject. I move that the further consider- rell, WToodward, Wetherill, (Philadelation of the resolution be postponed forthe phia,) Wetherill, (Schuylkill,) Worrell present. and Meredith, President.-77. On thbe qustion of agreeing to the uno- So the question was determined in the tion of Mr. Cochran, the yeas and nays negative. were cal~led. * The question then recurred on agreeing Mr'. KAINE. I unnderstancd the questioi to the resolution of Mr. Bartholomew. is Upon the motion to postpone the resclution for the present, offered by the genvention do now adjourn. ~tleman on Imy left. tleiu~an on my left.. The motion was not agreed to The P:ESIDENT. Discussion is not in tZ Mr. WHITE, (Indiana.) I offer the folorder. Nothing is in order but to take the lowing resolution upon this subject. -:ote. Mr. WHITE, (Incliana.) I move to ThePResIDENT. Aresolution isalready amend, by making the motion to postpone indefinite, for the purpose of bringing ow be again read. the matter before the House for discussion. The resolution of Mr. Bartholomew was The PRESIDENT. Nothing is in order read by the Clerk. but to take the vote. Mr. WOODWARD. I would inquire of On the question, the mover of this resolution what he mieans Will the Convention agree to the motion by " permanent sessions " of this Convenof Mr. Cochran? tion? When are these "permanent sesThe yeas and nays were re required by Mr. sions to commence? What does he D. N. White and Mr. Stanton, and were as mean by that expression? Does he mean follows, viz: that we are to take our hats and coats now Yand march to Philadelphia, or does he YEA E S. mean that we are to remove there at some Messrs. Armstrong, Alricks, Achenbachl, future time? The only definine'gwords are Beaer, Baily, (Perry,) Black,- (Greene,) "'permanent sessions." This session is Curtin, Cochran, Craig, Cronmiller, Dar- just as permanent as any we are to have. lington, DeFrance, Elliott, Freeze, Fulton, I hope the gentleman will inform us what Funck, Hall, IIazzard,I-Iopkins, Howard, he means by that resolution. Kaile, Lamberton, Lawrence, Landis, I wish to say that at the proper time I M'Allister, M'Clean, M'Culloch, Mac- shall be decidedly in favor of adjourning Veagh, Mann, Matntor, Metzger, Minor, this Convention to meet in Philadelphia. Mott, Niles, Puriman, Patterson, (Alle- But I shall not be in favor of such an adheny,;) Patterson, (La.ncaster,) Porter, journment until the Convention shall have Purviance, (Allegheny,) Purviance, (But- appointed one or several committees for ler,) Reynolds, James L., Reed, (Mifflin,) the purpose of preparing amendments for Rooke, Runk, Russell, Smith, (Berks,) our future action. Those committees will Smith, (Lancaster,) Struthers, VanReed, need considerable time in preparing the Walker, WVhite, (Indiana,) White, David -amendments they will probably submit. N., Wherry and White, J. W.. F.-54. Meanwhile, the Convention will have no 12 DEB13ATS OF THE thing to do. If the Convention should NAYS. take that course, which it seems likely to Messrs. Armstrong, Ainey, A-idrews, do, I should move that, after appointing Addicks, Achenbach, Bartholomew, Baione or more committees to refer to the ley,(Huntingdon,) Bake, Banna, Bdquestions of amendment to the Constitu- leyBeebeiddleBoyBoeaBow, ley, Beebne, Biddle,Boydl,BrodheadBrown,~ow tion, this body should acijourn to meet tion, this body should adjourn to eet Broomall, Barclay, Curtin, Campbell, Corafter th'e holidays in the city of Philadel- bett, Carey, Carter, Cassidy, Clark, Collins, phia, in such hall as the Councils might Corson, Craig, Curry, Cuyler, Davis, Dalprovide for it. That, sir, would be, a defilas, iDarlington, Dunning, Ellis, Edwards, nite time for meeting in Philadelphia, for Ewing, Fell, Gowei, Gilpin, Guthie Ewing,- Fell, G1owen, Giilpin, Gunthrie, when the next session is held after adj ourn- Hanna, Harvey, Hay, Hemphill, Heverin anent it would be held there. But to adopt Hoton, Hunsicker, Knight, Lilly, Lear, this resoiutibn in its present praseology is Littleton, Long, M'Camant, Newlin, Purto resolve what I confess, for one, I cannot man, Palmer, H. W., Palmer, G. W., Parcomprehend. If the gentleman means sons, Patton, Pughe, Reynolds, S. H., that we are now, inlstanter, to transfer the Read, (Philadelphia,) Rhone, Ross, Runk, sessions of this body to Philadelphia, I Smith, (Allegheny,) Simpson, Stanton, amr opposed to the resolution. But. if it am opposed to the resolution But f it Struthers, Turrell, Wetherill, (Philacielbe that after our work is apportioned to phia,) VVetherill, (Schuylkill,) Worrell appropriate committees this body is to ad- an Meredith residet-73. and MRerediith, P~residen~t —73. jourun to Philadelphia, I shall support the S resolution with~ great pleasure. So the question was determined in the resolution with gi~eat pleasure.neai. Mr. h~~~nlclrs. ~~negative. Mr. ALRICKS. I nlove to strike out all after the word " resolved," and insert the he question recurred on agreeing to the following: "That when this Convention resolutionofMr. Bartholomew. adjourn, it adjourn to meet in this place Mr. MACVEAGH. I move to amnend, by to-morrow morning at 10 o'clock." striking out all after the word'L resolved," Mr. CUYLEFR. I would inquire if that and inserting the, following: amendment is in order-if it is germain to'"That the communication be received, the original resolution. The one provides and that it be takeh into consideration for the permanent sittings of the Conven- next Tuesday, the 19th instant, upon the tion in, Philadelphia, and the other for a assembling of the Convention.' temporary adjournment. I desire siniply to say in reference to, The PRESIDENT. If the gentleman de- and in elucidation of what Judge Woocd-, sires it, the Chair will submit the question ward stated partially, that whatever be to the House. the will of the Convention it will undoubtOn the question, will the Convention edlyibe carried out, and that in as brief a agree to the amendment of Mr. Alricks? time as possible. Just now it is utterly impossible, as it seems to me, and I know The yeas and nays were required by Mr. many other members think.the same way, Hopkins andl Mr. Alricks, and were as fol- to decide this matter without some further lows, viz: organization of the Convention, and withY E AS. out some further distribution of its labors, and until we have anl outline of what we Messrs. Alricks, Baer, Black, (York,) are to do, and possibly until we may adBaily, (Perry,) Black, (Greene,) Bowman, journ a short time. Certainly next weelk Church, Cochran, Cronmiller, Dimnick all that will be ascertained. The amendclDodd, De France, Elliott, Finney, Freeze, ment fixes a definite time, and within a Fulton, Funck, Hall, Hazzard, Hopkins, very brief time for the full consideration Howard, I Kaine, Lamberton, Lawrence, of the matter, when the Convention will Landis, MIAllister, M'Clean, M'Connell, be in possession of very much fuller inM'Culloch, M'Murray, MacVeagh, Main, formation of the probable duration of its Mantor, Metzger, Minor, Mott, Niles, Pat- seSsions, and of the probability of its early terson, (Allegheny,) Pstterson, (Lancas- adjournment than itcanbe now. It seems ter,) Porter, Purviance, (Allegheny,) Pur- to me that this resolution decides the mnatviance, (Butler,) Reynolds, James L., terby "snap" judgment, as it were, for, Reed, (Miffin,) Rooke, Russell, Sharpe, untilwe know what course the ConvenSmith, (Berks,) Smith, (Lancaster,) Stew- tion will take in its business, we are not art, Walker, White, (Indiana,) White, in a condition to decide upon sitting anyDavid N., WVoolwa'dl, Wherry and White, where. Therefore what is the immediate J. W. F.-5G.- necessity for fixing a place for the perma CONSTITUTIONAL CONVENTION. 13 nent sessions of the Convention? If the are not in a condition to decide when or course Judge Woodward suggests is adopt- where weshalladjournto. It is our duty to ed, undoubtedly there will be no neces- to lay out our work and getit into the hands sity for permanent sessions after a week of the propercommittees. When weshall or ten days. It seems to me that in all have done that, I hope the Convention fairness to everybody, we will be far better will adjourn for a time long enough to prepared to decide upon the matter in a enable those committees to do their work week from now, or even less time after most carefully. A week, sir, is not long the -Convention has had a full view of enough; nor is a month. And, in myl what will be the probable course of its bu- judgment, it would be a great mistake for siness. us to meet this side of the holidays when. Mr. SIMPSON. I move to amend the we do adjourn. Then the Legislature will amendment, by striking out the word be in session here, and obviously then will "permanent," and inserting in lieu thereof be the time to accept this polite invitation the words, "from and after the 9th day of from the city of Philadelphia. Now, it December next." That is, that from and seems to me that it would be the better after the 9th day of December next, the w y to lay all these resolutions on the sessions of this Convention will be held in table for the present, and address ourPhiladelphia. selves to the question whether we shall The PRESIDENT ruled the amendment have one committee or several committees out of order. to consider these amendments. Let those Mr. WETHERILL (Philadelphia.) It committees be appointed, then we will seems to me that it would be impossible consider when to adjourn, and whether we for usto fix any definite time. We maybe shalladjourntoPhiladelphia. Ivery much ready to adjourn this day week, or we may hope ample time will be given to these be ready before. If this Convention will committees, and it cannot be given unless simply accept the invitations of the coun- we adjourn until after the holidays. I cils of the city of Philadelphia, and fix the drew up a resolution on this subject, which time hereafter, it seems to me that will I do not mean to offer;. but that it may cover the whole ground. I move you, place the thought in my mind before the therefore, that the amendment offered by convention, I will ask the Clerk to read it. the gentleman from Dauphin (Mr. Mac- It expresses my whole thought on the Veagh) be amended, by striking out all subject. I ask that it may be read as a after the word "resolved," and inserting part of my speech. the following: -" That the invitation be accepted, and The resolution was read, as follows: the time of adjournment thereto be here- Be i resolved, That all the articles, secafter determined." tions and clauses of the Constitution of Mr. WOODI)ARD. Mr. President: Let Pennsylvania, including the sclfedule, tome say'that, in my humble opinion, this gether with all propositions that maybe whole discussion is premature. I do not submitted to the Convention for the alterabelieve we are in a condition to decide tion or amendment of said Constitution, when we will go to Philadelphia, or where be and the same are hereby referred to we shall meet, until we have appointed a committee of - members, to be apthe committees to do the work of this pointed by the Chair, whereof the Presibody. We are here, as I understand, for dent of the Convention shall be chairman, the purpose of proposing amendments to whose duty it shall be to consider, frame the Constitution, to be submitted to the and report such alterations and amendpeople of Pennsylvania. Those amend- mentsof the said Constitution as they may ments must be carefully considered and deem necessary and expedient. And to carefully framed, and that can only be enable the said committee the better to, done through committees. Those com- prepare their report, the Convention, bemittees must have time to do their work fore, considering any constitutional amnendproperly. There is no proposition, at pres- ment, will adjourn tomeet on the day ent, before this body for the appointment of January, A. D. 1873, in the city of Philof those committees, and until we shall adelphia, in such hall as the mayor and have -appointed one committee-which I councils of said city shall furnish, and the believe would be the better way-pr sev- report of the committee shall be submitted eral committees, to take up the subjects to the Convention for its consideration, diwe Came here to Harrisburg to consider, rectly the body re-assembles in pursuance to prepare our amendments, I submit we of such adjournment. 14 X DEBATES OF THE Mr. BARTHOLOMEW.. Mr. President: I would be impossible for us to be in session desire to say that the adoptionof the origi- at one and the same time. Therefore,I. nal resolution, in my judgment, does not take it that we have yet to fix the perinainterfere with the object which my friend nent place for the working of this ConvenJudge Woodward desires to_ accomplish. tion-that this is not its permanent locaIn the resolution I offered, timne is care- tion, that that is not yet decided upon. It fully avoided. The time for the adjourn- seems to me that the language of the resoment of this body and its re-assembling lution is proper. As I said before, it does in permanent session is not referred to; not interfere with the business of the Conbut I thought it eminently proper when vention. We have this commnnication laid the communication was received from the before us, and why not act upon it? Cercity of Philadelphia, making this offer, tainly it is no more than courtesy, and no that some action should be taken upon it, more than right, that we should give it that we should either accept or reject it, immediate action, such as its generosity and that the acceptance should be signified and liberality demands of us. It was in to them. that they might be enabled to this spirit I offered the resolution, and I make such ^preparations as would neces- hope it will be acted upon before the adsarily be involved in our adjournment or journment of this body. removal from here to that city. Now I Mr. D. N. WHITE. Mr. President: I take it that under that resolution all the hope this resolution will not be pressed necessary business of this Convention can upon us to-day. We gentlemen who live be gone through with. -It can be thor- in the far west want time to think about oughly accomplished, and then it is for this. We do not want to be driven into a the Convention to say that they -have so neasure of this kind, which affects us so completed thWeir organization as to be seriously. Besides I am informed the ready to adjourn for the purpose either of councils of the city of Pittsburg have re-assembling here or elsewhere. There passed a similar resolution, which will is no necessity for havingthe time inserted probably be here to-morrow. Let us wait in the resolution; leave that for the future and have that here before we jump so action of the Convention. r When they hastily to a conclusion in this matter. It have accomplished what they desire here, may be, and I suppose we are, in the have perfected their organization and got hands of those in favor of going to Philainto working trim, then they can adjourn delphia; that is very evident. But do fo' the Convention to re-assemble in the not hurry us gentlemen; give us time to city of Philadelphia or here. That an ad- think about it. You require us to go one journment over the holidays is necessary, hundred miles further from our hones, I think we all acquiesce in and agree to. put us to more expense, more time is lost Now, Mr. President, I do think that the to us, and I hope the Convention will not resolutioin as offered was certainly offered, hurry this matter. There can be no harm not wvith any design for an immediate ad- in letting it lie over a day or two until we journment, but that the business of this can think about it and look over the body should be gone into so far as to place ground. I hope, therefore, the resolution it in a condition to do the work devolving will not be adopted. upon it, to wit: By the appointment of its Mr. LANDIS. Mr. Speaker: I move you committees, the committees to put it in that the further consideration of this subshape for effective operations, then for the ject be indefinitely postponed. Convention to fix the time. Now, the word' The motion of Mr. Landis was not agreed ",permanent" is used in that resolution. to. My friend objects tothe word. I think it Mr. DARLINGTON. Mr. Speaker: I am is proper, for when we refer to the act we decidedly in favor of removing from this find that we are to assemble here at IIar_ place, because it is perfectly apparent we risburg, that we are here to organize, and cannot get through here in time for the that the power is vested in us to adjourn Legislature to occupy these halls. No man, at such time and to such place as we may who has thought at all upon this subject, deem proper. It certainly uses language I presume, supposes we can perform our conveying at least the idea to the mind that duty in that time. We must provide anthis is not to be our permanent location, other place. That place, I think, in the because the Legislature no doubt contemrn- minds of a majority of the Convention, plated the fact, which is a fact, that the manifestly is Philadelphia. I shall vote Legislature is to assemble in these halls, for it. I shall vote for accepting the inviand that it is to be occupied, so that it tation of the councils of the city of Phila CONSTITUTIONAL CONVENTION. 15 delphia, with a modification, to wit: That upon said Convention shall proceed to ornot the city, but the State, shall pay the ganize by electing one of their number as expense, whichI propose to vote for at the President, and, after the members are proper time. But, sir, I would also have sworn in, such other officers as may be a committee appointed. I accept the idea needed in the transaction of business." of my friend (Judge Woodward) to some Now, I do contend, under this law, the extent, that a committee of this Conven- plain letter of the law and the spirit of it, tion be appointed, who shall inquire into that the Convention can do no business the matter, visit the city of Philadelphia, until they are fully organized, as provided and;- in concert with the councils, decide by, this third section of the law, and that upon a proper place and a proper time. the reception of the paper, and the resoluThis also should be done early, because it tion and amendments following, are enwould take sometime to fit up a hall. But tirely out of order. We are scarcely warm we are not yet organized. Our organiza- in our seats before an attempt is made to tion is not yet completed. We require a take this Convention to Philadelphia, when Chief Clerk or a Secretary to be elected. there are other places that are equally deWe ought also to further inquire what sirable, where the same or better accomother officers, if any, are necessary to dis- modations can be had. Let us organize the charge the duties appertaining to this Convention fully, and let something be body. In order that we may get at the done, as has been suggested by Judge proper business of to-day, to wit: The Woodward, and proceed as far as we can, election of a Secretary, and the appoint- and then, if the majority of the Convenment of a committee to ascertain what tion decide in favor of going to Philadelother officers we should have beside, phia, we can go there. I move to postpone the further considera- The PRESIDENT. Does the gentleman tion of the resolution and its amend- submit that as a question of order'? ments for the present. Mr. H. W.. SMITH. I do. Mr. GOWEN. Mr. President: I would The PRESIDENT. The Chair will submit suggest the following as an amendment to that question tothe Convention. The questhe original resolution, and I think, from tion now is, is any other business in order what I have heard in this hall, it will meet except the election of a Clerk and officers? with the views of a large number of the On the question, is the point of order delegates: Strike out all after the word well taken? " resolved " and insert the following: The yeas and nays were required by Mr. "That the invitation of the councils of Smith (Berks) and Mr. MacVeagh, and the'city of Philadelphia be accepted, and were as follow, viz: that all the sessions of this body, after January 1, 1873, be held in that city." YE A S. Mr. WETHERILL (Philadelphia) with- Messrs. Alricks, Achenbach, Baily, (Perdrew his amendment. ry,) Beebe, Bowman, Broomall, Barclay, Mr. IH. W. SMITH. Mr. President: The Church, Craig, Dimmick, Darlington, De organization of the Convention is provided France, Dunning, Elliott, Fell, Finney, for in the third section of the act of April Freeze, Fulton, Funck, Guthrie, Hazzarld, 11, 1872, and it authorizes the election Hopkins, Howard, Kaine, Lamberton, of one of their number as President, and, Lawrence, Landis, M'Culloch, M'Murray, after the members are sworn in, such other MacVeagh, Metzger, Mott, Niles, Patterofficers as may be needed in the transac- son, (Allegheny,) Patterson, (Lancaster,) tion of its business. That provision of the Purviance, (Butler,) Reynolds, James L., section has not yet been fully complied Rooke, Russell, Sharpe, Smith, (Berks,) with; and I submit that the paper pre- Stewart, Struthers, Van Reed, Woodward, sented to the Convention by the councils of Wetherill, (Schuylkill,) Wherry and the city of Philadelphia, and the resolutions WThite, J. fW. F. —48. that followed, are entirely out of order, and N A Y. that the Convention must be fully organized under the third section of the act of Messrs. Armlstrong, Ainey, Andrews,AdAssembly before anything of that kind dicks, Bartholomew, Baer, Black, (York,) can be done, or before the Convention can Bailey, (Huntingdon,) Baker, Bannan, proceed to business. Now, after providing Bardsley, Biddle, Black, (Greene,) Boyd, for the meeting of the Convention on this Brodhead, Brown, Curtin, Campbell, Corday, and'the reading of the proclamation bett, Carey, Carter, Cassidy, Clark, Cochof the Governor, it is provided that, "there- ran, Collins, Corson, Cronmiller, Curry, 16 DEBATES OF THE C(uyler, Davis, Dodd, Dallas, Ellis, Ed- Mr. JOHN PRICE WETHERILL. Mr. wards, Ewing, Gowen, Gilpin, Hall,. President: It seems to me this resolution Hanna, Harvey, Hay, Hemphill, 1Hev- is rather indefinite, and that it would reerin, Horton, Hunsicker, Knight, Lilly, quire a considerable amount of. time, as Lear, Littleton, Long, M'Allister, M'Cam- well as a considerable sim' of'. money, ant, M'Clean, M'Connelli, Mann, Mantor, to place a suitable hall in readiness for Minor, Newlin, Purman, Palmer, HII. W., a committee to say whether they will, Palmer, G. W., Parsons, Patton, Porter, take it or not, and therefore it is rather an Pughe, Purviance, (Allegheny,) Rey- indefinite resolution. My idea is, that if nolds, S. H., Read, (Philadelphia,) Reed, this Convention see fit, a committee should (Mifflin,)- Rhone, Ross, Runk, Simpson, be appointed tomeet with a like commitSmith, (Allegheny,) Smith, (Lancaster,) tee from Philadelphia, and they together Stanton, Turrell, Walker, White, (Indi- select a suitable hall. The; city of Phila: ana,) White, David N., Wetherill, (Phila- delphia has agreed to place that hall in a delphia,) Worrell and Meredith, President condition that will be entirely acceptable -83. to every member of this-Convention, they So the question was determined in the paying, the cost of the same. It seems to negative. me if we simply accept the invitation, and The cquestion recurrilng on the armrend- fix the time, that we will, after the first of January, hold our meetings.in Philament offered by Mr. Maceeagh, moved.. - - delphia. The councils' of Philadelphia -Mr. TURRELL moved to amend the same, will have ample time to prepare the hall, by striking out the words proposed to be and there l re trouble about and there will be no more trouble about inserted, and inserting in lieu thereof the it. It seems to me the amendment of the folloWing:. gentlema.n from Philadelphia covers the Resolved, That the invitation of Phila, whole ground; therefore, I withdrew my delphia to hold our sessions in that city be amendment to give room for his. accepted, and that upon information that Mr. MACVEAGH. Mr. President: This a suitable hallis in readiness, this Conven- question ought not to be put upon the tionl will appoint a committee to exanimne ground of the courtesy due to the councils the same, and report thereon to this body, of Philadelphia, for courtesy does not reand upon such report the Convention will quire an immediate answer; and -at least then-determine the time or date of remo- that courtesy would be equally due to the val thither, and notify the authorities of Councils of the city of Pittsburg, to wait Philadelphia accordingly. for' the reception of their invitation before Mr. J. R. READ. Mr. President: Y Mr.. J. R. IREAD. Mr. President: It is we formally close upon the proposition; unnecessary for jne to say that I am in fa- and it sees to me equally due to the auvor of the resolution offered by my friend thorities of this. city, who have been pre-from'Schuylkill'(Mr. Bartholomew.) It paring themselves to make a'proposition occurs to me that the passage of all these of this character to the Convention.' Noamendments is only postponing a decision thing of that kind was expected to be dethat had better be made now. It occurs cided to-day, I venture to say; by a very to me, that as a matter of courtesy, we large majority of this Convention, and it should Iaccept or decline the invitation of is, therefore, it seems to me, not acting the municipal authorities of Philadelphia. with special courtesy to Philadelphia. but I understand that the amendmen~t offered with a lack of it to other places. While it leaves the time of adjournment entirely is defensible, perhaps, upon other grounds, in the hands of the Convention, ad I con- I do not think it is upon the ground of cede that that is the proper place for it to be. courtesy, without affording the city of I can hardly agree in some views expressed Harrisburg and other cities mentioned, an by gentlemen of the Convention, that it opportunity to present communications is necessary'for us to name the time. It upon the subject. may not be necessary for us to remain here Mr. TURRELL'S amendment to the until the first of January. The question amendment of Mr. MacVeagh was not of its permanent sessions is one that the agreed to. Convention can decide at any time; and The amendment proposed by Mr. Gowen as that power is so entirely in the hands of\ was then offered as an amendment to the this Convention, I see no impropriety in amendment of Mr. MacVeagh, and read coming to a vote upon the question of ac- as follows: cepting or refusing the invitation of the Resolved, That the invitation of the councils of Philadelphia. eouncils of Philadelphia be accepted, and CONSTITUTIONAL CONVENTION. 17 that all the ~sessions of this Convention morning. The thing is fixed, and I merely after the first day of January, 1873, be rise to protest against itso far asI amable, hleld in the city of Philadelphia. for the reason that I belie'Ve2 it will prolong'The amendment of Mr. Gowen was thesessionsofthisConvention; forthereaagreed to, and the amendment of Mr. son that I believe the business of this ConAMacVeagh as amended was agreed to..vention will not be so well digested and Mr. D. W. PATTERSON. I had. hoped, so well considered. Mr. President, to have avoided saying The last Convention, of which you, Mr. anything upon this question; but now, President, had the honor of being a memmn its final motion, I would beg to say ber, adjourned from this place to PhiladelShat I had hoped this Convention had met phia, and I heard many of your colleagues'for the purpose of performing the duties say that it was with the greatest difficulty imposed upon it, and that in the most ex- that they could at any time get a full house; peditious way. I had hoped that the that their Philadelphia friends were so member from Schuylkill would have good, and kind, and friendly, and wined answered some of those very practical them and dined them every day, that maquestions put to him by the honorable ny of them were totally unfit for business. gentleman from Philadelphia, which were [Laughter.] Now, while I admire their certainly wise suggestions, it seenms to me, kindness and humanity, I don't want to for promoting the organization of this put myself in the way of temptation. You %Convention and facilitating its work. I know there is an old prayer, "Lead us not did not hear any very intelligent answer into temptation," and I believe every to those questions put to the original member of this Convention will work just mover of that resolution. I do not think twice as much in Harrisburg as in Philaany intelligent answer can be made to delphia. Such has been the experience of them, because certainly the resolution many experienced men in reference to le-goffered by that gentleman was inconsist- islation. ent with itself. No. member has denied Now, my friend from Chester (Mr. Darbut what we are in our permanent sittings lington) said he was in favor of going,now, and will be to-morrow, just as much away from Harrisburg because it was as at any time, and therefore the original manifest that we could not' finish our resolution was inconsistent with itself. business in this place. Why is that so But I see the thing is fixed, Mr. Presi- manifest to my friend or any other gentledent, and we are not to give the city of man? We have a library room up here, Harrisburg or the city of Pittsburg any 105 feet by 55, light, pleasant, comfortable,. opportunity of nmaking the same very sufficient to hold every member of this:!kind invitation which the city of Phila- Convention. We have the books of the. delphia made to this Convention. It is library there-the machinery by which certainly a very kind invitation; and I we do our business right at hand; and know a great many of the gentlemen the city of Harrisburg proposes to fix that there, as well as many gentlemen who room up at its own e.pense for this Conare in this Convention, and I am certainly vention. Why should we go to the exvery much obliged to them for that invl- pense of having a hall in Philadelphia?tation. because I have heard nothing in regard to But I am astonished-no, I am not as- the payment for a hall except one word tonished-but I will say, Mr. President, from my friend from the city, and he got that I have seen to-day in this Convention over it very quickly. He said that the what I apprehend no members of this councils had proposed to furnish a hall Convention have ever seen before; I have and pay for it. Those were the only seen a united vote by every gentleman re- words I heard about payment. siding in the city of Philadelphia or its Now, Mr. President, when we have this. surroundings. It is a strong team to get hall here better in order, acoustics and over; but it is something, I apprehend, comfort, than any hall-notwithstanding that.we will never see again after this the greatness of Philadelphia-they can question is settled. produice there, why should we miake this It'might be that in this Convention, af- effort to remove this Convention away ter we deliberate coolly, and perfect our from this place, where we are all removed reports, we might have, probably, a united from our business, with nothing to do but vote from that- section, but I think it is attend to the legitimate duties of this very doubtful that we will ever hear such Convention? I think our friends who a vote again as has been given here this have voted for this resolution, or design IS DEBATES OF THIE to vote for it, have the power to adjourn will not if we hlave to adjourn thereto Philadelphlika at any time they see many of the committees will be without proper. Why isthi pressed upon us now a quorum, and it will prolong the sittings b:efore the Convention is organized, and of this Convention, and retard everythuirn before we have any comnmittees? If we in relation to it. were organized and had our committees But I see there is no renmedy. I see the we could very properly meet and consult die is cast. But I want to raise mny'voice.about it. But why they insist upon this against a removal from, the city of HaalTisnow I cannot imagine, unless it is to get burg, either now or at any other timle, if clear of work. we (want to prlfolrn the duties oaf this For one, I protest against it. I am in Convention in the most exped.itiou.s man-. favor of sitting here until the Iegislature ner. meets, and then I alml in favor of having a On agreeing to the resoliation as amendede fair'consultation upon the propriety of the yeas and nays were required by Mfrr occupying the library hall for the meet- Patterson (Lancaster) and MAr. D. N. ingsof this Convention. I-challelnge mem- White, and were as follow, viz: bers to say, after consulting the rmembers Y E.A S. of the Convention of 1837-8, whether they -.essi-. Armstrong, ainey, Andrewvs, will not discharge their lduties and get Addicks, Bartholomew, Baer, Black? Home three,, or four or frve months earlier dk l (York,) Bailey, (IHuntingdon,) Bake r if they stay in Harrisburg thanl if they goley, B Bannan, Bardsley, Beebe, Biddle, Black~ to Philadelphia. I have not conversed (Greene,) Bowman, BoydI, Brodheadl, with you, Mr. President, but I have con- Bow Broomall, Brown, Barclay, Curtin, Campversed with a number of the members of bell Corbeft, Carey, Carte, Cassid bell, Corbett, Carey, Carter, Cassidy~ that Convention, and they expressed reChurch, Clark, Collins, Cm.olson, Cronrailgret that they went to Philadelphia, at l Cury,, (Dod, I)alla lel, Curry, Cuyler, Davis, Dodd, Dallas. least who wr actively engaged in Darlington, Elllis, Edwards, Elliott, business aid wanted to be at home to at- Ewing, Fel, Finney, F tend to their dutiesthere, and at the same pin, Guthlie, Hall, Hanna, EIavey, Hay, time to be present in the Convention and Hemphill, Heverin, Horton, Hunsiker, represent their constituents faithfully Knight Lilly, Landis, Lear Littletonr _Knight, Lilly, Indis, Lear, Littleton? there. Now, you know, Mr. President, Long, MCamant, acConnell M'1 Murray, that that Convention sat nine months and MtCom-, XIinor Mott, NeTlin, Furman, eighteen days from the time they coin- palller, H. XV, Palmer G. W., Parscn roeneed until they ajourned. I thinkHG menced untl theyd o abjoutrne l thoinkr Patterson, (Allegheny,) Patton, Porter, they did adjourn about a month or a Pughe, Reynolds), S. H., Read, (Philadelmonth andf at half att one time, but tghe phia,) Rhone, Rooke, Ross, Runk, Smith, most of that time the members spent in (Alegheny,) Sharpe, Simpson, Stantonl Philadelphia, notwithstanding that ad- Stewart, Turrell, toodward, Wetherill, ournmment. t(Philadelpbia,) WVetherill, (Schuylkill,.) Now, I hope to see this Convention go to Wor 1 and Merecith President-9 work and do all the business required in the period of three or four months. The (Drmmnittees can take up the business dele- Messrs. Alricks, Achenbach, Baily, (Pergatedl to them, and if they can do it at all, ry,) Cochran, Craig, De France, Fulton, they can do it in that time, unless we ad- Funck, Hazzard, Hopkins, I Howard, ourn to a place where a large proportion Kaine, Lamberton, Lawrence, M'Allister, of' the members of those committees will M'Clean, M'?Culoch, MacVeagh, Mann, be at hoime in the midst of their business, Metzger, Niles, Patterson, (Lancaster,) and will not attend upon those commnittees Purviance, (Alleghen1y,) Purviance, (Butmuch of the time they are in session. ler,) Reynolds, Janes L.,Reed, (AMifflin,) And that is another danger in adjourning Russell, Smith, (Berks,) Smith, (Lancasto the city of Philadelphia. I know it ter,) Struthers, Van Reed, Walker, White, from experience. Their business and (Indiana,) White, David N., Wherry anld thmir homes are right where their public White, J. WV. F.-36. duties are. You will often, not desirously, So the question was determined in the but from compulsion, attend to your in- affirmative. dividual duties before you'attend to your NU-f;BER AND COMPUENSATIONI> OF OFFIpublic ones.. Look at the mass of repre- CERlS. sentatives from that city. If they attenld Mr. MAcYEAGH offered the following to their individual duties-as I hope they resolution, which was twice read: CONSTITUTIONAL CONVENTION. 19 Resolved, That a committee of nine be allowed them; then if the Convention appointed to consider and report to the accepts it, we go into nominations to fill Convention what other officers are neces- the places. But to ask a committee to sary to transact the business of the Con- go out in that-way and'- name the gentlevention, and what compensation it is men to fill these places, I think is taking proper for them to receive. the duty fromI the Convention to which it ]Mr. GowEN moved to amend, by strik- properly belongs, and referring it to a ing oLt all after the word "resolved," and comnmittee. Therefore I trust most sininserting the following: cerely that the amendment will be voted."That the President appoint a coln- down. reittee of ten, of which he shall be one, The amendlent was not agreed to. andbe the chairman, to reportthe designa- The original resolution was then agreed tion and number of such officersas in their to, and the President appointed Messrs. opinion are needed in the transaction of- MacVeagh, Black, (York,) Armstrogi, the business of the Convention, and to re- Hopkins, %White, (Indiana,) Kaine,. Dinmport the names of persons to fill such offi- mick, Alricks and Stanton as the cornves, with the amounts: of the respective mitttee. salaries to be paid-to each. - HOUR OF MIEETING. Mr. GOwEN. Mir. President: I desi it fMr. LAAMBERTON m1oved that when this to be understood, if my amendment is Convention adjourns, it will adjourn too adopted, that I desire to be excused from meet to-morrow morning at ten o'clock.:serving on the committee. The motion was agreed to. Mir. MACVEAGHI. Mr. President: Of NOMINATION OF CHIEF CLEiRK. course the Convention thoroughly under- Mr. AINEY offered the following resmostands the difference. This amendment lutionl, which was read: refers to a committee the duty of nomi- Resolved, That. we do now proceed tco nating officers, which I think belongs to nominate candidates for Chief Clerk or the Convention as a body. I think it is the Convention. an undesirable duty to: impose upon a On the question, shall the resolution Bec committee, and certainly. one that the read the second time? Convention ought to reserve to itself. It It was determined in the negative. gets us into a needless trouble. WVfiat we On motidn of Mr. Woodward, the Presiwant, I think, is to ascertain what officers dent adjourned the Convention until toare necessary and what salaries should be morrow morning at ten-o'clock. S'20 DEBATES OF THE SECOND DAY. WEDNESDAY, November 13,1872. accordance with the resolution passed yesThe Convention met at ten o'clock A. terday. MI., pursuant to adjournment, and was The PRESIDENT. If the House is of called to order by the President, William that opinion it will be necessary to take RM. Meredith. an appeal from the decision of the Chair. The Chair does not conceive that the SeePRAY~E1R: retary of the Commonwealth has any Prayer was offered by Rev. Dr. T. H. functions here whatever. Robinson, pastor of the First Presbyterian Mr. JOHN GIBSON- then presented himcihutirchl of Harrisburg, as follows: self in front of the Clerk's desk, and the Holy and ever blessed God,- we come to oath of office was -administered, to him by Thy presence with holy reverence. Thou the:President. art all in all, the great and glorious God; Mr. WOODWARD. Mr. President: The we are Thy creatures and subjects. We Convention yesterday referred to a comlbless Thee, O, God, that Thou has permit- mittee of the delegates at large, who were ted us to draw near to Thee through Jesus elected by a certain class of voters, the Christ, Thy dear son, and praise Thee for question that has arisen in the Third-Sena-,Thy unnumbered mercies, andw-reinvoke torial district of the city of Philadelphia. upon us Thy benediction; Thou art the I- now present the report of those deleGod of all graceand strength; upon these, gates, and ask that it be read. Th.iy servants; this day, great God, bestow The report was read as follows: wvisdonm, that in all'they do and think, To the Constitutional Convention of Pennthey may be guided by Thy spirit which sylvania: cometh down fronm above; fill their hearts, we pray Thee, with love, and wilt Thou The undersigned, the committee to whoih- was'referred the claims of Benjafill their minds with intelligence; give wio was referred the claims of en them broad, clear and comprehensive in I. Temple and Rufus E. Shapley, vievws of all the duties they havet to do, respectively, to a seat in this Convention, and so wilt Thou direct'them that Thy from the Third Senatorial district, rename shall be glorifiedf and the welfare of spectfullv report: That having examined this Commonwealth subserved, and untons and ccompnying documents Thy name, through Jesus Christ, we will submitted to them, and having heard th give redlit and ~everllasting glory. Amen. statements of the parties interested, they The Journal of yesterday's proceedings ofier the following was read and approved.:Resolved, That Benjamin L. Temple is prima facie entitled to a seat in this ConADMINISTERING OATH OIF OFFICE. vention from the Third Senatorial district, Mr.. COCHRAN. Mr. President: I re- without prejudice to the right of Rufus spectfully announce the presence of John E. Shapley to. contest. Gibson, Esq., delegate from the Twentieth (Signed) GEO. W. WOODWARD, Senatorial district, who was not present at SAM'L IH. REYNOLDS, the meeting of the Convention yesterday, R. A. LAMBERTON, and ask that the oath of office be adminis- FRANKLIN B. GOWEN, tered to him., GEO. M. DALLAS, The PRESIDENT. Mr. Gibson will please WM. L. CORBETT, come forward. If there are any other S. C. T. DODD, members present who desire to have the JAMES ELLIS, oath of office administered to them they J. S. BLACK, will please come forward'also. A. G. CURTIN, Mr. KAINE. Mr. President: I imagine ANDREW A. PURMAN, this oath will have to be administered by JOHN H. CAMPBELL, the Secretary of the Conimonwealth, in WM. J. BAER. CONSTITUTIONAL CONVENTION. 21 On motion of Mr. Woodivard the report regret of the Convention that the previous and the resolution were adopted. acceptance of an invitation from the city Mr. Benjamin L. Temple then came of Philadelphia precludes its acceptance.,' forward, and the. oath of office was ad- Mr. MANN. With all due deference to ministered to him by the President. my friend, I submit that his amendment COMMUNICATION FROMS COUNCILS OF is not true in point of fact. I take it that PITTSBURG. because, as a matter of compliment to the Mr. D N. N. WHITE. Mr. President: I village of Philadelphia, we agreed to meet hold in my hand a communication from' in that place in January, it doesnot prethe city of Pittsburg, which I desire elude us, after paying our respects to to have read. them, from going in February to the city. The communication was read as fol- of Pittsburg; so that in point of fact his lows: amendment is not true. PITTSBURG, Nov. 12; 1872. Mr. GOWEN. The resolution as adopted zAt a meeting of the select and common isto thiseffect: That allthe sessions of this councils, held November 11, 1872, the fol- Convention held after the first of January lowing resolutiens were read three times shall be held,in Philadelphia. Now, I' and finally passed:. take it, that according to parliamentary Resolved, By the select and common usage, no resolution can be offered affectcouncils of the city.of Pittsburg, that the ing. that without first re-considering that delegates to the Constitutional Conven- resolution. tion, from Alleghenycounty, be andthey The PRESIDENT. The Cleik will read are hereby requested and authorized the resolutionadopted yesterday to extend an invitation to that body to The Clerk read as foll The Clerk read as follo"ws: hold its sessions, or any portion of them, in the city of Pittsburg. Resolved. That the invitation of the Resolved, That in the event of: the councils of the city of Philadelphia be acacceptance of this invitation by the Con- cepted, and that all the sessions of this stitutional Convention, the committee on Convention, after the first day of J'anuary, city property be directed to make ar- A. D. 1873, be held in the city of Philarangemento for a hall in which the Con- delphi.: vention may hold its sessions, and for the The PRESIDENT. The motion to amend proper committee roonms for the use of the is therefore not in order. The question. delegates. is on the original motion, that the thanks From the record. of the Convention be returned to the counAttet:. cils of the city of Pittsburg for their genE. S. MONN ON, erous offer andinvitation. te The motion was carried. Mr. DAtLINGTON. I move that the i thanks of this Convention be returned to NUMsBER AND COMPENSTION OF OFFIthe councils of the city of Pittsburg for CERS. their generous offer. Mr.: MAUCVEAGIL A1nd: that the offer Mr M]ACVEAGH, firom the select comnbe'entered on the Journal. mittee upon the subject; made report, Mr. DARLINGOTOe. Yes, and enterd which was read as followsd: on the JournaL The committee appointed1 to consider The PRESIDENT, It fwivll beenterred on: and report to this Convention what other tAae Journal. officers are necessary to transact its busiMr. MANN. I'would - ask if it be in or- ness, and what compensation it is proper der to move that after. tthe first day of for them to receive, beg leave to report Februamry, this Cenvention will meet in that:they have given as mature deliberaPittsburg?. tion as the adjournment of the ConvenThe PRESIDENT. Does the gentleman tion permitted to the subljeet committed nlake that motion? to themn, and they -are unanimously of Mlr: ALsN. If in order, l woul4d like opinion that the following list of officers to make that motion. embraces all that are nl.eeessary to transact Mr. GOwEN. -I move to amuend the reso- the business of this Convention, and thelution, by inserting after the word "re- sums set opposite their respective names solved,'" the follow'ing:: represent. the - compensation it. would -be "That the thanks of the. Convention be properfor them to.receive for their services tendered to the city of Pittsburg, with the dluring the sessions of this Convention: 22 DEBATES OF THE One0 Chief Cler............... $1,500 Mr. MANN. Mr. President: I move the One Fiirst Assistant Clerk............... 1,200 adoption of the report. O;ne Second A2ssistant Clerk..... -1,200 The PRESIDENT. Let the motion be in Two Transcribing Clerks, who shall the form of a resolution. be designated to act as clerks to hIMr. HARlRY WHITBOffered thefollowing committees, by the Chief Clerk, resolution, which ivas twice read and as occasion demalnds, or to per- adopted: form any other clerical services Resolved, That the foregoin report of zregaire, eah.,;:..................-... 1,000 the Committee be adopted by this ColnOne Sergeant-at-Arms.................. 8 50 vsetion, One Assistant Sergeant-at-Arims.... 6 00 RESOLIION QF THANKS. One Door-keepe'........................ 6 00 One Assistant Doo-kkeeper..... 0.0 Mr. MI'ALLI TER offered the following; One Assistant Door-keeper.......... 5 00 One Postmaster............... & 00 resolution, which was twice read and One Assistant Postmaster, who adoted: shall also act as Messenger..........6 00 Resoed, That the repot of Franis Jordan, Secretary of the Commonwealth, be And the Chief Clerk shall be authorized acceptecandapprovedanctthethalls to appoint one Fireman, at $3 50 per day; of the Convention are hereby tendehdnto two Janitors, at $3 00 per day, each; and him for the faithful and satisfadory maifive.Pages at; 1 50 per day, while actually ner in which he has performed the duties engaged in the discharge of their duties. devolved upon him by the act of the -11th Your committee endeavored to restrict day of April, 18,72. the number of officers to the narrowest ELECTION OF OFFICERS. limits compatible with the prompt and effiMr. G(cwEN offered the following, resolucient discharge of the duties of the Contion, which wvas twice read: vention, and to assigo only such cornpern7eno, ad o asiinl suh onen BD.esolved, That the. President appoint a sation as would be a reasonable payment committee of ten, of which he shall be onc for attention and industry in the officesh he shall be t In considering these ques and the chairman, to report the names of [esignated. In considering these quesproper persons to faill the permanent: tions the committee had, as the Conven- is Conention tion knows,, the advantage of the experi- offer tt ti Mr. G OWFN~. I offer that resol-ution for mnce of several of its members in the legise the purpose, at the very outset of the delative bodies of the State and nation, and liberations of this Convention, of exclud, they believe they were thus enabled to ing from these halls anything like a parsecure that efficienecy with economv secufre that cflciecy, wth CO 7 1 tiz2lan scramble for office. I read- in the. wfhich they felt sure the Convention tde- Hqarrisburg parpels, of this morning that. sired to attain. the officers to preside over this bocly have Upon the subject of its proceedings, the been selected lby a portioun of its members committee beg leave to report, as its opin- without consultation with the others. Ii ion, that its, proceedings should be accu- think it is.beneath the dignity of a refoirn rately reportedl and printed for clistribu- Convention to; permit any person engagecd, tion amlong the people; but wh thetr this in a scramble. for office to appily for a cauend wvould be more economically.attained cus nomination for office i{ the Convenbya contract elbracing the reporting and vention. I think the design of those who the pyrirnting, or -by sepatrte contracts for voted in favor of calling this Colivention these purposes, this committee is not pre- was to exclude ptutizanship fronm its depared, at present, to deeide; but recomn liberations. I therefore ask that this Conmends either that the entire subject be vention slhall aglree to the appointment of re-committed to it, or, what wouldpearhaps a committee of ten, of which the Presibe better, the appointmentl of a ne@w corn- dkent shall chairnman, to select the sevmittee on the subject. eral gentlemen who shall preside over the (Signed) WVAYNE MACVEAGI, delibrations of this bodty wvithout regard J. S. BLACK, to any other qualification than that of- ftWVM. HOPKINS, 3ess for the position. I trust the ConvenD. KAINE, tion will adopt the resolution. HAMILTON ALRICKS, Mr. LILLY moved to amlend, by strikHtARRY WHITE iug out all.after the word "resolved," M. HALL STANTON, and inserting the following: VWM. H. ARMSTRONG, "'That this Conventi on proceed to the SAMUEL E. DIMMICK-. -nomination and election of a Chief Clerk.' CONSTITUTIONAL CONVENTION. 23 lMIr. M'ALLISTERI. Mr. President: I tion in this house. It was an intimation hope this amendment will not pass. I from the highest source that we are to concur most heartily in the spirit of the have no political discussions, and no poresolution. It is beneath the dignity of litical factions, and no political tricks in thisbody assembled here to establish the this body. Well, now, sir, the manner organic law, to succumb to any man or in which this body was elected shows that party of men outside the Convention itself. the people of Pennsylvania intended that I have read with surprise this morning, in everything done by this body the mialso, the distribution of the offices which nority should be represented. There are wDe appointed a committee last evening to three hundred and thirty-five thousand crelate. I do hope that we will take tax-payers in Pennsylvania who are called mneasures for the appointment of th ese the minority, and they are represented byr officers within ourselves, and how can we a body of men upon this floor. Is it in cdo it better than by the appointment of a accordance with the spirit of these Isnacommittee? The nmode of appointing that sures for a portion of this body to assenscomlmittee is not inldicated, b;ut let it be ble in a tavern in secret eaueus, and there appointed as comlmittees are ordinarily decide that no representative of those three appolinted in this Convention. WVho can hundred and thirty-five thousand taxcomplain of that? Surely it will be done payers shall be represented in the official in fairness; surely the oflices will be dis- action of this body? That no man shall tributed aright, and the committee should be made secretary of this body, who may be appointed to inquire into the qualifica- be the fittest man in the Commonwrealtht, tion of the persons. It is by merit they and much fitter than any one-any cauare to, be distributed to those who can eus-may offer to us; that he is to be experform their duties best. Let the com- eluded even from an election because of a mittee take that into consideration. Let midnight caucus of violent partisans, and nominations be made as many as you animated by that spirit that characterizes please, and let the committee select from their narrow, nasty politics, they decide.those nominations. I hope this amend- that nobody but their pets shall be admitonent will not be adopted, and that the ted within the ring. Sir, is that the spirit original resolution will be passed. in which we are to start out in the clelibMr. WVOODWoARD. Mr. President: I rise erations of this body? I say it i a departtosnpport the resolution of my friendfrom ure, a gross departure, from wlhat has Philadelphia,and Iconcurinwhat has been already occurred in our midst, and which said in support of that resolutioii. Mr. Pres- augurs badly for the future, if this is to be ident, ifIreadarigiht the legislationthatled tolerated. Now, the reaslution offered by to the convening of this hody, and the pub- my friend from Philadelphia (Mr. Gowen) lic opinion whieh called it into existence, it is - catholic; it is comprehensive. It prowas that the fundamental law of Pennsyl- poses,that you, sir, shall appoint a enlnvania should be revis4led without the slight- mittee of ten froln this body, over whose est reference to the partisan politics of the deliberations you shall preside, and to day. I believe that was the general desire that committee the whole question of offiof the people of Pennsylvania. They sent cering this Convention is to be submitted. us here for that purpose. How a portion It seems to me that it wouldc be in accordof this body has been impressed with that anco with the spirit which manifestly anisentiment was shown by the fact that mated the people of Pennsylvania in callwhen the time caine for the election of a ing this Convention into existence. Now, presiding officer no other name was offered for our, own sake, as well as for the sake in competition with that of the distin- of the people of PennsylVania., I trust \we guished gentleman who presides over our are not to make a gross and arbitrary dedeliberations. By common consent he parture from that good spirit which seems was accepted without a dissenting vote, thus far to have aninlated us. On the and witlhout the suggestion of any other contrary, I should hope that by the comname. Now, that seemed to me to be in mon. consent which elevated you. approaccordance with the spirit that I suppose priately to the chair you occupy, this resohad animated everybody concerned in lution might be adlopted; and to the callinri this Convention into existence; committee pre.sided over by yourself, I, but, sir, we had not deliberatedl long for one, am willing to commilt entirely and before I heardc that presiding oflieer call- without question ail these individual aping a member on this floor to order for pointees. I pledge myself to vote for the alluding to an instance of partisan distine- report of that committee, whoever may be 24: DEBATES OF THE the individuals named. For these reasons but the voters; ylve; deceided. otherwise; I support the resolution, and hope it may then, I think, it is a slhrinking fromn duty -be adopted. and avoidance.: of proper responsibility,'when canidaltes are pre esented for:an Mr. IMACVEAGI-Tn Mlrx. Presideut It is office who are ecually. lualifxe4, equally certainly not desirablethat theat totion o fiy, fitted., for tley are presumedoly so, tlat I any gentlenmen,who will support General.shotulvote alternately; lft's t, fbor a genLilly's amrnendmeInt shouldc be misunidert'leman who> votedk for in e,: and th-en for a, stood, and their position'would. certainly woly mieroo i it as- tlote aLgainst me, but be wholly nmisundt erood if it wasas-ppointing; silned thla.t tlhat position was correctly tet in tisofll t atteo of u lton oing theeniployeesof tlhis. Convention, throughN stated by the gentleman from. Philadlphia, who offered the resolution, or tlaan the vaiorsgradiesof lipritedsry which have,Been reportec aacka~Iopted.here thi distinguishaed gentleman who lhas just morning otter tlhings being; equal,, supported it. We are as anxious, at least orng ot tin eing e I ani as anxious, andt I am very sure that sould vote for a person wlio blongs to General Lillyand the gentim.nwhowill the class. of voters who sent m.e to this Genexral. Lilly and the gentleme. n who will Convention; tlm is all, as IL ulpndstand, support his amenrntLe are as anxious as, any gentleman here, to proceed to the tin it t s su graver labors of this Contventiona abso- port G-eneral Lilly's, amendment, Oa ag'ee-ir to the, a~end~mge nt offered; lutely free fron any s t-it ofprtisanship, On agreeig to the amendment ofere confining our-selves, in the' most liberal.by mr. Llly, th: yeas. and nays, were reui redt by lMir..,-Hanna andalVMr. Laniberton, andl catholice interpration of or diu.-y a an andi we-e as followv, viz: -ties, to those duties in their fullet scope: a but,- whether righjtly or wlrongly, there Y EA S. xre' sozme- of us who believe that upon those geatlemen1 who were ele ced by the Messrs A.rnm ronl, Miny, Andrews majority of the voters of this Common- Addics, Bartlo ewr, Baily, (Perry,) wealth, devolves the simple andi unirn- Bake* Bannan, Bardsley, Beebe, Bowportant datry of selecting officers wllo are man Brooll,' Cary, Carter, Cochran, to dad the workX of this Convention as its Collin~ s Corson, Craig, Curry, DaNis Dirnmnp~loyees - We arse c~apable of ~ that on- mnick, Darington, _Edwards. Hning, Fell, ce-s known as detaclhment; we can lookl Finney, Flton, Fun., H;anna, Hazzard at thils branch of our duty as- a, duty de- Horton, Howarcd Knight Lawrenee, Lilly, volving uponill hus, a respasility upon wLear a Littleton, MacCounell, Mi'Culloch, valving upon us, a responsibility upon ae us, and wlethlt is discharged we cann Mnto in e gro forwartd to thle remaining dlutie of lin, Niles, Palmer, H. W.T Parsons, Platterthis Convenltion, aind propose to doson, (Lancater,) Porter, Pughe, Purso. precisely'in the. spirit the gentle- viane, (Allegheny)Puviane, (Bltler,> man has in icated; and -e en novw, tr Reynolds, James L., Rooke, Runk, Rusmnuy part, I declinie Jubdge ~Woodxvard' sell, Simpson, Stanton, Stewart, Struthcallenge; I shall not call the p.rty witah ers, Tuirrell, Van Reed, Walker, White, whi~.ch Ie isassociated a "'ring;' Ii Shill (Indiana,) White, David N., Wetherill, noXt ilnsinuat' that th majoity of the (Philadelphia) arn White, J. ~W. F —i7.. voters of. this State are not: arn hone ma- N A jerity of its voters.; I scorn theimputation for that party with which I aml known to,essrs. Airi eks, A chenba l h, Baer,Black, tie associated; I do not propose to attempt (York,) Bailey, (Huntingdon,) Black, to assign it to gentlemen who dciffer (Greene,) Boyd, Brodhead, Brown, Barfirom me; I have no words of unkindness elay, Curtin Campbell, Co7r'.ett, Cassidy, or feelings of bitterness towards anybody; Church, Clark, Cronn iiller Cuyler, Dodd, I propose to know no lines of distinction Dallas, DeFrancee Dunning, Ellis, Elliott, in tle work of this Coanvention; but, the Freeze, Gowen, Gibson/ Gilpin, Guthrie, vemry act whicll calls us together conten- HEall y, H, a yay, emphill, Heverin plates'that certain gentlemen of this Con- Hopjkins,' Hunsicker, Kaine, Lamberton, vention are elected by one class of votrs, Landis, Long, M'Alli'er, Ml'Camant, and certain other members of this Con- MIl'Clean, M'Murray, AMetzger, MAott, Purvention are elected by another class of man, Palmer, G. W., Patterson, (AlleV'oters; I would have been very glad, if gheny,) Patton, Reynolds S. H., Read, that'was the only consideration, to have (Philadelphia,) Reed, (Miffin,) Rhone, had this duty shifted to the minority fronm Ross, Smith, (Allegheny,) Sharpe, Smith, the majority, if the voters had so decided, (Berks,) Smith, (Lancaster',) Temple, CONSTITUTIONAL CONVENTION. 25 Woodward, Wetherill, (Schuylkill,) Brown,:Earclay, Curtin, Campbell, CorWherry, Worrell and Meredith, Pr esi- bett, Cassidy, Church, Clark, Cronmiller, i dent-66. Cuyler, Dodd, Dallas, DeFrance, DunSo the question was determined in the ning, Ellis, Elliott, Freeze, Gowen, Gibaffirmative. son, Gilpin, Guthrie, Hall, Harvey, Hay, Mr.- KAINE3 moved to fulrther amend by Hemphill, Heverin, Hopkins, Hunsicker, adding the following: Kaine, Lamberton, Landis, Long, M'A1"That the officers of this Convention be liter, M'Cainant, M'Clean, M'Murray, elected in the following manner: The Metzger, Mott, Purmnan, Palner, G. W., Chief Clerk and two Assistants'be elected Patterson, (Allegheny,) Patton, Reynolds, at one and the same ballot by each dele- S. H., Read, (Philadelphia,) Reed, (Mifgate voting for two candidates, and the flin,) Rhone, Ross, Smith, (Allegheny,) highest invote be the Chief Clerk and the Sharpe, Smith, (Berks,) Smith, (Laneastwo next highest the Assistants; that ter,) Temple, Woodward, Wetherill, each delegate vote for one candidate for (Schuylkill,) Wherry and Worrell-~5. each -of the other classes of officers, and the highest in vote be declared the prin- N A Y S. cipal officer and the next highest the:A-Q Messrs. Armstrong, Ainey, Andrews, sistant.": ~ l~lessrs. Armstrong, Ainey, Andrews, *sstant." Addicks, Bartholormew, Baily, (Perry,) Mr. HARRY WHITE. Mr. President: I Baker, Bannan, Bardsley, Beebe, Bowraise the:question of order as to this man, Broomall, Carey, Carter, Cochran, amendment, that the amendment is in- Collins, Corson, Craig, Curry, Davis, Dimcompatible with the amendment which mick, Darlington, Edwards, Ewing, Fell, the House hasjust adopted. I call the at- Finney, Fulton, Funck, Hanna, Hazzard,'tention of the I-louse to the fact. I will Horton, Howard, Knight, Lawrence, Lilly, merely state that my understanding is Lear, Littleton, MacConnell, M'Culloch, that the House has just adopted a simple MacVeagh, Mann, Mantor, Minor, Ne2wresolution that we now proceed, to nomni- lin, Niles, Palmer, H. V., Parsons, Pat-nate and elect a Chief Clerk. The motion terson, (Lancaster,) Porter, Pughe, Purof the gentlemen from Fayette (Mr. viance, (Allegheny,) Purviance, (Butler,) iAINE)- is to amend that by providing Reynolds, James L., Rooke, Runk, Rusfor the manner of the election of the other sell, Simpson, Stanton, Stewart, Struthofficers. I think it incompatible with the ers, Turrell, Van Reed, Walker, White, amendment justadopted by:the House. (Indiana,) White, David N.,.Wetherill, Mr. KAINE. Mr. President: I take it (Philadelphia,) White J. W. F. and Merethat the motion made by myself is strictly dith, President-68. in order. The amendment just passed by So the question was determined in the this House is, that this House will pro- neoative. ceed to the election of a Clerk. My The resolution samended y Lilly, amendment provides the manner in resolution, asamnended by Mr. Lilly, which that Clerk shall be elected, as well was then adopted aS the other Officers of this House. Is Mr. WHITE (Indiana.) Mr. President: there anything inconsistent in that? It is I nominate, as candidate for Chief'Clerk, carrying out the very spirit of the resolu- D. L. Imbrie, Esq.; of Beaver county, Pa. tion which has just been adopted by this On motion of Mr. Lilly, the nominations House, and I- hope the House will adopt closed. my amendment, and that the election of Mr. LITTLETON moved that the gentle, officers will take placein accordance vith man nominated he elected by acclanathat resolution. tion 6ion' The PRESIDENT. The Chair is of the Several MET ERS. NO, no. opinion that the; amendment is in order. The' PRESIDENT. The Clerk will call On tihe question, will the Convention the roll. It would, perhaps, be more conagrTee to the amendlent? - venient to call the yeas and nays, and The yeas and nays were required by those in favor of Mr. Imbrie can vote Mr. Kaine and -Mr. Brodhead, and were "aye," and those opposed "no." as follow, viz: a f Mr. MACVEAGEH moved that D. L. IlnY E A S. brie be elected Chief Clerk of the ConvenMessrs. Alricks, Achenbach, Baer, tion. Black, (York,) Bailey, (Huntingdon,) On the question, will the Convention Biddle, Black, (Greene,) Boyd, Brodhead, agree to the motion? 26 DEBATES OF THE The yeas and nays.were required by Mr. move that the gentleman have leave to I-Hopkins and Mr. MacYeagh, and were as state his reasons for his vote. follow, viz: The PRESIDENT ruled that no debate YE Sas in order during the call of the yeas and nays, except that a member might'Bessrs. Armstrong, Ainey, Andrews, ask to be excused from voting. Acddicks, Bartholomew, Bally, (Perry,). Mr. M'CLEAN (when his name was lBaker, Bannan, Bardsley, Beebe, Bow- called) asked to be excused from voting. man, Broomall, Carey, Carter, Cochran, The PRESIDENT announced the vote, Collins, Corson, Craig, Curry, Davis, Dim- and declared D. L. Imbrie elected as inick, Darlington, De France, Edwards, Chief Clerk of the Convention. Ewing, Fell, Finney, Fulton, Funck, Mr. SIMPSON offered the' following resoHanna, HIazzard, Horton, Howard, lution, which was twice read: Knight, Lawrence, Lilly, Lear, Littleton, Resolved, That the Convention will now M'Allister, MacConnell, M'Culloch, M'- proceed to the nomination and election of -Murray, MacYeagh, Mann, Mantor, Mi- the remaining officers designated in the nor, Newlin, Niles, Palmer, HI. W., Par- report of the Committee, in the order sons, Patterson, (Lancaster,) Porter, named in said report. Pughe, Purviance, (-Allegheny,) Purvi- Mr. GOWEN. Mr. President: I underance, (Butler,) Reynolds, James L., stand that one serious objection to the Rooke, Runk, Russell, Simpson, Stan- resolution I offered before was, that the ton, Stewart, Struthers, Turrell, Van Reed, committee to be appointed was to be an'Valker, White, (Indiana,) White, David even number, and therefore, according to N., Whetherill, (Philadelphia,) White, parliamentary usage, did not give the maJ. WV. F. and BM'eredith, President-71. jority of the committee to the majority of the House. I did not have any intention of doing so at the time, and therefore, in Messrs. Black, (York,) Ellis, lFreeze, order to relieve us of this voting, which B1'Calmant, Purmlan and Rhone.-6 will occupy the whole clay, I offer the folM1'. BAER (when his name was called) lowing as an amendment to the resolution said: Mr. President: I have not occupied just offtred: Strike out a11 after the word tile time of this Convention hitherto- "resolved" and insert as follows: " That The PRESIDENT. Debate is not in or- the President appoint a committee of nine, der. of which he shall be one, and be the chairMfi'. BAER. I wish to explain the reason man, to report the names of suitable perfor the vote I shall give. scns to fill the remaining offices of the The PR:ESIDENT. It is not in ord6r Convention." o10W. Mr. WHITE (Indiana.) Mr. President: Mr. BAER. I therefore, sir, decline to I have but one remark to make in connecvote. t'on with the amnendment of the gentleMr. HoPKINS (when his name was man from Philadelphia (Mr. Gowen.) It called) said: I desire to ask of the Chair occurs to me that it will result in a proa question. [Cries of " order, order."] crastination of our proceedings, and delay Mr. HIoPKINS. Is it not in order to ask us fronm entering upon the performance of the Chair a question? that legitimate duty for which the people The PRPESIDENT. Certainly, the gen- have elected us. tleman is in order. Something has been said about politics Mr. HOPKINS. The question I desire to here. It occurs to me that the sooner we ask is this: Whether, under parliamen- perform the function of electing, or selecttary law, a mnember has not a right to give ing, if you please, the officers that have the reasons for his vote when lie is called been designated by the resolution which upon to vote? I ask that question bf the this Convention passed this morning, the Chair. sooner we will be relieved from a subject The PRESIDENT. The Chair is of opin- which must necessarily annoy everybody ion that on the call of the ayes and noes in a body of this kind at the threshold of no member can make any answer but its organization. I am, therefore, opposed ", ayer" or 6" no." If the Chair is mistaken to the amendment of the gentleman from in that opinion, we will submit the ques- Philadelphia, (Mr. Gowen,) and I trust, tion to the House, if the gentlemen desire inasmuch as we have just elected a it. - Chief Clerk without any party vote in this A delegate inquired if it was in order to Convention, that we will proceed to coin CONSTITUTIONAL CONVENTION. 27 plete our organization immediately by the Convention, as the selection and election election of the balance of the officers. of its subordinate officers. Thus you The PRESIDENT. The President would come to this result, that when the people be much obliged to the gentleman offer- of this Commonwealth had diligently ing this amendment if he will strike out sought by an act thoroughly discussed, the name of the President. and carefully framed to prevent the ex-Mr. GOWEN so modified his amend- istence of party politics in the action of ment. this Convention, we would be brought Mr. M'ALLISTER. Mr. President: I down to the result that one-fourth of the desire to say a word, and only a word, in body would control its organization. As reference to this resolution. I can in- a citizen of this Commonwealth, and as a dulge in no delusive hope that anything member of this body, I protest against I can say will prevent the passage of this the application of any such doctrine. resolution. I believe its passage is or- I have no choice of individuals. I can dained by apower higher than reason, say nothing against the gentleman named higher than judgment, higher than the as Chief Clerk, and nothing against the consciences of gentlemen-even by the list of names printed in the morning papower of party. I listened to the words pers, indecently, I thought, before it ever from the lips of the gentleman who in- reached this House. It is fromn no pretroduced the resolution for the election of ference to any individual, but it is because a Chief Clerk of this House, and the train that now, at the very threshold of our of reasoning which should have led him deliberations, is the time for gentlemen to to precisely the opposite conclusion to record their solemn protest against the the one to which he did arrive. I under- introduction of party predilections into stood him to allude to the act which crea- this House. ted this body, and to point to the fact Mr. SIMPsoN. Mr. President: I take it that the people of this State had ordained for granted that this body will be govthat the Convention should recognize the erned by the rule of all deliberative existence of different parties. If that bodies, and that isthat the majority of itswere, the fact, then the organization of - members shall govern it. The votes of this Convention should be in harmony this.body can elect its officers just as well, with the organic law by which it was in my judgment, as a committee of nine, elected.' If it was the obj ect of the people or any other number less than the whole. of this State to prevent a partisan body, For one, I object *to and protest against and secure a body which would represent the appointment of a committee of nine, the opinions of all parties in the Com- or of any number less than the whole monwealth, then throughout the organi- number of members, to determine for me zation of the House the same doctrine who shall be the employees of this Conshould be recognized; and the same vention. We are just as competent to sit method of election pursued. If it was in our seats and elect -the proper persons not intended by the people of this Comn- as any committee selected from this body. monwealth that one political party should I take it that, if we proceed to vote down control the action of this Convention, and the amendment and adopt the resolution, that the instrument proposed to be pro- we will save time in the operation, for duced should not represent the views of the majority can select officers now, withone particular party, then should the will out the necessity of having a committee of the people, in the method of organizing appointed, to have a wrangle, perhaps, the Convention, be recognized and car- over every individual officer. tied out. Mr. WOODWARD. Mr. President: One Let us observe where'this will lead us. - word. In the Convention of 1837-8, of This Convention is very nearly equally which you and I were members, the balanced, or supposed to be so, so far as party-I speak with all reverence-I do its political proclivities are concerned. not know what name they had at that Let me suppose that little more than half time, but I think they answered to the of this body belongs to the dominant party that now rule this House-the dorniparty, then by power of party caucus, nant party of that Convention, whatever one-fourth of the body would control its they were called, elected Mr. John Sarorganization, because of the dominant geant, President, and Mr. Samuel Shocch, party representing but one more than Secretiary of the Convention; and then, half of this body, it might as well control sir, that party, that dominant partty, the entire policy and legislation of this elected Mr. Francis IR. Shunck, Assistant 23 DEBATES OF THE Secretary. I mention that, sir, for the Assistant Clerk, and the one receiving the pu-rpose of showing gentlemen how their next highest number of votes shall be the ancestors acted under similar circum- Second Assistant Clerk." stancestd those in,which we are placed On the question, will the Convention to-day. They did not go into a tavern, agree to the amendmlent of MAr. Hay? with a secret caucus, and attempt to ex- The yeas and nays were required by Mr. clude the most competent mlan in the Hay and Mr. Mann, and were as follow, Commonwealth from the ClQrk's desk, viz: but they elected Mr. Shunck, and he de- Y E.A S. dined to accept it. Then the same people electedJudge Gilmore, a good demo- Messrs. Alricks,Achenbach, Baer, Black, crat, and he occupied that seat during the (York,) Bailey, (Huntingdon,) Biddle, whole session. -I mention this as an thi(s- Black, (Greene,) Boyd, Brodhead, Brown, torical reminisence. -Barclay, Curtin, (Campbell, Corbett, CasMr. MIANTOR. Mr. President: I have sidy, Church, Clark, Cronmiller, Cuyler, kept very cool while listening'to this line Dodd Dallas, De France, Dunning, Ellis, Elliott, Freeze, Gowen, Gibson, Gilpin, of discussion, and in listening to these arguments, this morning, one would Guthrie, Hall, larv ey, ay, Hemphll, Heverin, Hopkins, Hunsicker, Kaine, naturally think we are remarkably cool Lamberton, Landis, Long, M'Allister, men; that our fathers were not partizans, M'Camant, M'Clean, M'Murray, Metzger, and therefore, their sons, in 1872, are not parti. I understand, sir, tht Mott, Purman, Palmer, G. W., Patterson, partizans. I understand, sir, that the Convention of 1837-8 elected its President (Allegheny,) Patton, Reynolds, S. H., Read, (Philadelphia,) Reed, (Mifftin,) in a strict partizan light or manner. Now d, (Philadelphia,) Reed, (Miin,) n Rhone, Ross, Smith, (Allegheny+) Sharpe, I do not come before you this morning rging any partizan SpiiSmith, (Berks,) Smith, (Lancaster,) Temurging any partizan spirit, because this ple, Woodward, Wetherill, (Schuylkill,) resolution that calls for the election of the officers here is one of those fair resolutions which is always brought out before NA Y aS. a bodyof this kind to act upon. And it Mlessrs. Armstrong, Ainey, Andrews, is our duty here, in ny opinion, to pro- Addicks, Bartholomew, Baily, (Perry,) eoed to the election of officers of this Baker, Bannan, Bardsley, Beebe, BowConvention'in theusual way. I presume nilan, Broomall, Carey, Carter, Cochran, there is not a gentleman in this hall this Collins, Corson, Craig, Curry, Davis, Dimmorning who would venture his reputa- mick, Darlington, Edwards, Ewing, Fell, tion by stating that it is an unusual thing Finney, Fulton, Funck, Hanna, IHazzard, for gentlemen outside of the Convention Horton, Howard, Knight, Lawrence, to have their party predilectionis in a can- Lilly, Lear, Littleton, MacConnell, MI'CulCus, though that caucus might be held in loch, MacVeagh, Mann, Mantor, Minor, some hotel in the city of Harrisburg. But Newlin, Niles, Palmer, H.. W., Pdirsons, we are here to elect officers to this Con- Patterson, (Lancaster,) Porter, Pughe, vention, and gentlemen have a right to Purviance, (Allegheny,) Purviance, (Butvote pro or con on these matters that are ler,) Reynolds, James L., Rooke, Runk, before us. - It seems to me that we are Russell, Simpson, Stanton,Stewart,Struthtaking up much time in varying from the ers, Turrell, Van Reed, Walker, White, general usage that all Conventions, for (Indiana,) White, David N., Wetherill, some time past, at least, have pursued in (Philadelphia,) Wrhite, J. W. F. and the selection of their officers. I hope the Meredith, President-68. proceedings of the Convention Will not be So the question was dotermined in the delayed any further, but that we shall go negative. on'and elect officers in the usual manner. The original resolution then passed. The amendment was not agreed to, and Mr. HFARRY WHITE. I nominate for the question recurred on the original reso- First Assistant Clerk,Lucius Rogers, Esq., lution. of M'Kean county. Mr. HIAY moved'to a'mend, by striking Mr. BoYn. I nominate Wiilliam Viel, out all after the word "resolved," and in- of Montgomery county. serting the following: Mr. CASSIDY. I desire to place in nomni"That in the election of the two Assist- nation a gentleman for this office, and beant Clerks; each member shall vote for fore doing so I desire to say a few words only ono person, and the one receiving the on the subject, referring to placing that highest number of votes shall be the First gentlenqan upon the list; I trust in nomi CONSTITUTIONAL CONVENTION. 29 nating the gentleman I am about to name, Mr. HAnRR WHIITE. 1 call the attenI will have in the election the support tion of the Clerks and the Chair to the of our friends who represent the majority faict that the resolution contemplates the of this Convention. You. are about to nomination at one time of all the officers elect assistant clerks; the majority have to be elected by the Convention. already elected the Chief Clerk. It Mr. IAY. I see no reason then why the would, therefore, seem but fair that suggestion of the gentleman from Indiana those who are in the minority here (Mr. White) should not prevail, and should have a representative at the desk; why all these nominations should not be while we have no doubt that whoever made now and carried through without may be selected will look after the proper further delay. Of course it is not necesinterest of the Convention; in order to re- sary to take a vote upon each separate lieve any doubt fromf any one, case. Let the whole list be made out and orany doubt about it at all, it seenms to voted upon at once. me to be but fair that those whoare in the Mr. BARCLAY. I will Withdraw the minority should have, at least, the small name of Mr. Rightmyer for the present, office given to them of Assistant Clerk, and when nominations for Second Assistand following the precedent you are so ant Clerk are in order I will present the familiar with, Mr. President, and men- name (f that gentleman. tioned by Judge Woodward as having oc- The Convention then proceeded to the eurred in the Convention of 1837-8, I trust slectiori of First Assistant Clerk, and the we will have a representative at the desk. vote being taken, was as follows: For the purpose of enabling our friends of The following named mnembers voted the majority to assist us in getting such a for Lucius Rogers: place, I nominate Albert W. Fletcher, of Messrs. ALmnstrng, Ainey, Andrews, Philadelphia, for Assistant Clerk. Addicks, Bartholomew, Baily, (Perry,) Mr. CAMPBELL. I nominate S. W- Baker, Bannan, Bardsley, Beebe, BowBuck, of Bradford county. man, Broomall, Carey, Carter, Cochran Mr. BARCLAY. Mr. President: Iwould Collins, Craig, Curry, Davis, Dimmick, take the liberty, sir, of nominating a can- Darlington, Edwards, Ewing, Fell, Findidate from democratic Berks. I nomi- ney, Fulton, Funck, Hanna, Hazzard, nate William JM. Rightmyer. He is a Horton, Howard, Knight, Lawrence, Lilyoung lawyer, and has eminent fitness for ly, Lear, Littleton, MacConnell, M'Culthe position to which I have nominated loch, M'Murray, MacVeagh, Mann, Manhim. tor, Minor, Newlin, Niles, Palmer, H. MW.,:Mr. HoPrINs. I have -no doubt that Parsons, Patterson, D. W., Porter, Pughe, the gentleman named by my two friends Purllviance, John N., Purviance, Sam'l A., from Philadelphia, and my other friend, Reynolds, James L., Rooke, Runk, Rusare all very deserving men, I take it for sell, Simpson, Stanton, Stewart, Struthers, granted, or their names would not be pro- Turrell, Van RIeed, Walker, White, Harry, posed; but, after what has transpired in white David N., Wetherill, John Price this hall this momrning, and over and over and White J. W. F;67 votes. again, it must be apparent to those gen- e folloing named membeoted fo Tle following namedmembersvotedfor tlemen, as it is to myself, that there is no A W Buck: disposition on the part of the majority of. Messrs. Black, (York,) Corbett, Campthis HIouse to concede'any officers to the bell, Freeze and Meredith, resdent minority; I hope, therefore, that the gen- 5 votes tlemen will withdraw their nominations; Mr. BRCLAY voted forA W. Fletcllhe I do not like to be put in the attitude of During the calling of the roll, when his voting against anybody nammed, but I shall nmne was reachee, Mr. Cassidy withdrew not record my vote in favor of any man, name rached Mr. Casidy withdrew unless I see a disposition upon the part of the name of Mr. Fletcher, and Mr. Campthe majority to make some concessions; I think every member is satisfied that Lucius Rogers having received the those concessions willnot be made, andI highest number of vote, was delared hope the nominations will be withdrawn. duly elected First Assistant ClerIk. Mir. BOYD withdrew the name of Wm. PMr. DARLINOTON. Mr. President: In Viel. order:to save time to the Convention, and Mr. STANTON moved that the nomina- at the suggestion of some of our friends tions close. on the other side, I offer the following The motion was agreed to. resolution: DEBATES OF THE Resclved, That the following officers be ing a Postmaster and Assistant Postmaselected: ter of this Convention. I confess that I A. D. Harlan, Second Assistant Clerk; can see no necessity for such officers being.John L. Linton and A. T. Parker, Tran- appointed. I would like to inquire why scribing Clerks' James Onslow, Sergeant- the Convention should. appoint two offiat-Arms; Cassius 1M~. Brown, Assistant cers; at an expense of $1,400, for work that Sergeant-at-Arms; Clement Evans, Door- I don't know anything about. keeper; Frank Bentley, Assistant Door- Mr. D. N. PATTERSON raised the point keeper; Henry B. Price, Postmaster; B. of order that the report had been adopted, Prank Maj or, Assistant Postmaster. and the Convention had agreed to elect The resolution was read a second time. those officers. Mr. HOPKINS moved to amend, by in- Mr. HAY. I rose to propose an amendserting after the word "officers," the ment-that we should strike out the words "by the majority of the Conven- names of the persons proposed to be electtion."' ed Postmaster and Assistant Postmaster. The amendment was agreed to. Mr. MACVEAG-H. Mr. President: Iwish Mr. KAINE. I would suggest to the to give the gentleman the explanation mover of that resolution that he insert which was given to us by the gentlemen the word "persons" in place of "officers" of our committee wblo had had Congresafter "following." Now,wehavealready sional and legislative experience. In provided by resolution that such and such their judgment the mass of mail matter persons shall be elected. If he will put to be distributed among the members of in the word " persons" I think it will be the Convention would be so large, and better. the private correspondence and corresMr. DARLINGTON. I think the lan- pondence of members with their constituguage is right, "That ithe following offi- ents would be so important, that it should cers." be put into the custody of responsible perMr. KAINE. I think the gentleman is sons, who would distribute it in the postin error. We elect "persons" to offices. office annexed to the House of RepresentcThey are "officers " after they are elected. tives, so that each member could come The amendment suggested by Mr. IKaine here at any time and get his mail matte was agreed to, and the question recurred from the postmaster of the body, and on the original resolution. take it to his desk and attend to his corMr. BAILY (Perry.) Mr. President: respondence, or do with it as he chooses. Before you put the question I wish to Then the postmaster would copme and say that I think that amendment is im- gather up all the mail matter the rmbmproper. Let us not trifle with this sub- bers have to send away; and that those j ect and make asses of ourselves. I think duties could not be discharged with safety if the Convention had properly under- and convenience to the body, and to the stood it, they would have voted it down. convenience of the constituents of the I move to re-consider the vote on the body, without an officer of this characamendment. We all very well know, ter. The Assistant Postmaster was conwvho have had experience in this kind of sidered to be necessary to bring this considbusiness, that it is improper. We know erable mail matter from the office of the that the officers are elected by the ma- city here and take it back, and to be on jority of a body, or they could not, be hand and act as general messenger also elected at all. Such an amendment as for the body. I can only say that Mr. that is improper to go upon the Journal. Hopkins, Mr. Armstrong, Mr. White I hope it will be re-considered and voted (Indiana) and Mr. Kaine have had very down. considerable experience in these matters, The motion to re-consider was agreed to. and I believe I cannot be mistaken in sayThe amendment being again before the ing that to them the other members of the Convention, it was not agreed to. committee deferred their united judgment Mr. HAY. Mr. President: I have an in this matter. amendment to propose. I will state what M- r. IAY. Mr. President: Mvy object in the object is before offering it. Perhaps proposing an amendment of that character it may obviate the necessity of offering was to elicit this information, and inform the amendment. I voted against the myself of the necessity of such officers. adoption of that report, and therefore was We desire to have no more officers' than not: able -to move its re-consideration.' I is absolutely necessary for the proper perdesire to know some necessity for appoint- formance of the duties of this body, and I CONSTITUTIONALCONVENTIONN. 31 think the members of this body ought On the question, will the Convention not to provide for their own convenience agree to the amendment? at the expense of the State. I do not see The yeas and nays were required by why the postal matter of members could Mr. Dallas and Mr. Boyd, and were not-be delivered to them as well as to the follow, viz: residents here-at their residences or at Y E A S. the postoffice. I object to putting this Messrs, Acheubach, BaeL, Bailey, (Hulexpense upon the State of Pennsylvania, tingdon,) Boyd, Brodhead, Barclay, Cu anrid I therefore move to amend by strik- tin Campbell, 9orbett church Clark, ing out from the list of officers the names Cronmiller, Cuyler, Dodd, Dallas, Deproposed for Postmaster and Assistant ce, Ellis, Freeze, ibson, Gil Postmaster. pin, Guthrie, Harvey, Ilay, Hemphill, The amendment was not agreed to.ri, Husicker, Lon, MCamat, Heverin, Hunsicker, -Long, M'Camant, Mr. DALLAS. Mr. President: Imove to Patterson (Allegheny,) Reynolds, S. H., amend, by striking froIn the list of offices Reed, (Qifi-iin,)Ross, Smith, (Alleghenyi) to be filled, the offlice of Assistant SerSmith, (Berks,) Smith; (Lancaster,) geant-at-Arms. I cannot see any necesTemple, Wetherill, (Schuylkill,) Whersity, in a body of this kind, for two Serry and WVorrell-39. geants-at-Arrms. Mr. MACVEAGH. That question was N YS. also considered. It was stated that the,Messrs. Armstrong, Ainey, Alricks, Sergeant-at-Arms was the executive offi- Andrews, Addicks, Bartholomew, Black, cer of the body, subject to the order of (York,) Bailey, (Perry,) Baker, Barnnan, the President,- obliged to be away at differ- Bardsley, Beebe,Biddle, Bowman, Brooment times in executing those orders. all, Brown, Carey, Cassidy, Cochran, Gentlemen who have been associated Collins, Corson, Craig, Curry, Davis, with such bodies told us it was absolutely Dimmick, Darlington, Edwards, Elliott, necessary for him to have such assistance Ewing, Fell, Finney, lFulton, Funck, to execute his orders, so that he might be Gowen, Hall, IHanna, Hazzard, Hopkins, present in the Convention to keep order Horton, Howard, Kaine, Knight, Lamberunder direction of the Chair. I can only ton, Lawrence, Lilly, Landis, Lear, Litrepeat that this is the information that tleton, MI'Allister, M'Connell, MV'Culloch, the gentlemen upon the committee, of all MI'Murray, MacVeagh, MlTann, Mantor, shadesofopiinion, gave upon this question. Metzger, Minor, Newlin, Niles, Purman, Mr. DALLAS. There are two Sergeants- Palmer, I-I. W., Parsons, Patterson, (Lanat-Arms and two Door-keepers, four execu- aster,) Patton, Porter, Pughe, Purviance, tive officers, upon theifloor of the House. (Allegheny,) Purviance, (Butler,) ReyI insist upon my amendment, that one of nolds, James L., Rhone, Rooke, Runk, those officers be dispensed with, and that Russell, Simpson, Stanton, Stewart, it should be the Assistant Sergeant-at- Struthers, Turrell, Van eed, Walker, Arms. White, (Indiana,) White, David N., Mr. MACVEAGrIR called attention to the Woodward, WTetherill, (Philadelphia,) fact that there were two doors to be at- White, J. W. F. and Meredith, President. tencldedto. -85. Mr. EwING. Mr. President: I would So the question was determined in the ask if the motion is in order? The Con- negative. vention this morning determined what On the question, will the Convention offhicers we would have for the Cunven- agree to the resolution as amended? tion. Is not this equivalent toga re-con- The yeas and nays were required by sideration and change of the resolutiol Mr. Wetherill (Scluylkill) and Mr. passed this morning? Is it not an indi- Smith, (Berks,) and were as follow, viz: redt way of gettingat a re-consideration of E the resolution adopted by the Convention? The PRESIDENT. The resolution this Messrs. Armstrong, Ainey, Andrews, morning provided that certain officers Addicks, Bartholomew, Bailey, (Pershould be elected. The proposition now ry,) Baker, Bardsley, Beebe, Bowis to elect them. It is in order, in the man, Broomall, Carey, Carter, Cochran, opinion of the Chair, to move to strike out Collins, Craig, Curry, Davis, Dimmick, any one of the officers, the effect of which Darlington, Edwards, Ewing, Fell, FinWrill be that he will not be elected at this ney, Fulton, Funck, Hanna, H-azzard, time. Horton, ieHoward, Knight, Lawrence, Lilly, 32 DEBATES OF THE Lear, Littleton, M'Allister, MacConnell, The resolution, as modified, was then M'Culloch, MacVeagh,. Mann, Mantor, read as follows: Minor, Newlin, Niles, Palmer, H. VT., Resolved, That a committee of fifteen be Parsons, Patterson,'(Lancaster,) Porter, appointed by the Chair, to report to the Pughe, Purviance, (Allegheny,) Purvi- Convention to-morrow morning, what ance, (Butler,)' Reynolds, James L., standing committees should be formed Rooke, Runk, Russell, Simpson, Stanton, and rules adopted for the government of Stewart, Struthers, Turrell, Van Reed, this body. Walker, White, (Indiana,) White, David Mr. DARLINGTON thought that a comN., Wetherill, (Philadelphia,) White, J. mittee of fifteen, or any committee above W. F. and Meredith, President-G7. seven in number, would be unwieldy, and the smaller the number the better. NA _ ~S. The amendment offered by Mr. DarMessrs. Baer, Barclay, Hemphill, Hun- lington was read. sicker, M'Camant, Ross, Smith (Berks) Mr. KAINE. Mr. President: I don't and Smith (Lancaster.) —8. know whether the recollection of the genSo the question was determined in the tileman from Chester, (Mr. Darlington,) affirinative. who was a member of the Convention of RUBLES AND STANDING CO.M2ITTEES. 1837-8, is correct or not. I thought there Mr. NEWLIN offered the following reso- were two committees on those subjects lution, which vwas twice read: appointed by the Convention of 1837-8that there was a committee appointed to Resolved, That a committee of seven bethat there was a ommittee appointed to appointed by the Chair, to report to the determine what stndingcommittees there onvention to-msrrow morning, what hould be in that Convention, and that there was also a committee on rules. The standing committees should be formed. here as also a ommittee on rules. Te Mr. TURRELL moved to amend, bm gentleman, I think, said, yesterday, that s trikingout all aftertheword"resolved," the rules as adopted by that Convention striking.out all after the wordIIresolved,"I' were to be found in the Debates of the and inserting in lieu thereof the followConvention or the Journal. ing: inTha a committee of elevge: be.a-lg Mr. DARLINGTON. In the Journal. "'That a committee of eleven be ap- Mr. KAINE. I thought then e was pointed by the Chair, to mature and re- was mistaken, and now I know he was. A report a code of rules for the government of t-his body." port of a set of rules for the government of that Convention was made by the comThe PRESIDENT. The Chair will ob- mittee, and it is to be found somewhere serve that this is not pertinent to the sub- in the first volume of the debates. ject of the resolution, and therefore not Mr. DARLINGTON. Page75 of theJolrin order. nal. Mr. SIMPSON. Mr. President: I would Mr. KAINE. Those rules were not suggest to the mover of this resolution adopted at that time at all, but they were that he had better increase the number of discussed and modified, and altered from the members of the committee. It seenls day to day; and you will find, I think on to me there should be eleven, or thirteen, 131, of the Debates-not of the Jouror, fifteen, to determine and report. Ihere motion nal, but of the Debates-where a motion gmove to amend by cmlaking it fifteen. was made and carried, that 200 copies of Mr. NlE:wWLIN accepted the amendment. those rules be printed for the use of the Mr. DARLINGlTON. Mr. President: I Convention. If those rules are to be found think we are advancing a little too fast. *as adopted by that Convention, and as I propose to offer the following as a sub- printed under that order, I should be-very stitute: glad if the gentleman from Chester would "Resolved, That a committee be ap- point me to the page. I understand there pointed to consider and report rules for is not a copy of the Journals of that Conthe government of the Convention." vention in this library, and I am perfectly Let the number be fixed by the Con- satisfied there is not a copy of those rules vention. I beg leave to suggest that those'as adopted by the Convention. who had charge of the matter in the- for- Now, Mr. President,'to prepare a set of mer Convention were only five in number.'rules for the government of this body, or Mr. CASSIDY moved to' amend the reso- any body like this, will require consideralution, by adding "and rules adopted for:ble labor, Considerable examination, and the government of this body." it will be utterly impossible for any comMr. NEWLIN accepted the amendment. mittee to mnake that examination and re CONSTITUTIONAL CONVENTION. 33 portthose rules by to-morrow morning. Mr. DARLINGTON. That is my moI-think, sir, therie ought to be two com- tion. 1mittees, as was first proposed. If any Mr. JOHN PRICE WETHERILL. I ungenitleman will offer a resolution that a derstand you want two committees? committee of nine or eleven be,appointed Mr. I)ARLINGTON. No, sir. to prepare and- report to-morrow what Mr. JOHN PRICE WETHERILL. Then standing committees are necessary for the I favor your idea. regulation of this body I would vote for It has been said that it will take a great it, and then I would vote for a separate deal of time to prepare rules. I contend committee to prepare rules for the gov- that. the rules governing other bodies erminent of this body. similarly constituted will govern ours, Mr. DARLINGTON. I refer the gentle-. and that they'can be prepared with little man to the Debates of the Convention, or no amendment, and that a committee where the report of the committee was of seven,' therefore,'can, in a little time, made, providing, among iother things, for give us just what rules we want; but'the certain standing committees. On another important part of the matter in my mind page of the Debates he-will find that the is, that we, by passing this resolution, number is fixed at nine for each commit- commit this Convention to standing comtee.. On pages 30 and 31,-of the first vol: mittees, and not to. one committee. It umne of'the Debate, will be found the. was suggestedby agentleman from Philanames of the standing committees. All delphia yesterday that perhaps it would this is embraced.in the report of the Com- be just as well for us to form one large mittee on:Rules, and all of which will committee, and give the duties of the come before the Committee on Rules here. committee work of this Convention to Mr. KAINE.' DO I uniderstand the gen- that committee. I oppose any such propotleman to say that that report -and the sition as that, and I am glad this resolurules are to be found at that place in the tion is offered, because it commits the Debates? work of this Convention to several standMr1. DARLINGTON.'They will be found ing, committees, and I hope'that will in the report of the committee. You will prevail. Ihope the committees willbe find that the number was fixed at nine, so large that a place will be found on some of them for every member of this Mr. KAINE. I alm very well avware of, Convention, and for that reason I hope that. On page 31 you will find that the- the resolution offered by the gentleman rules for the' government of the Convenfr()m Philadelphia (Mr.' Newlin) will tion were ordered to be printed; I asked pass. the gentleman, and I ask him now, and Mr. ARRY WHITE. Mr. President: It would be glad if he would point to the wcould~ be glad if he twould point to the. occurs to me that this raises a very ordipage' anywhere in the Journals, where those rules are printed; I undertake to to avoid onfusion let us see where we are to avoid confusion let us see where we are say they were never published, either f ramoment. The gentleman from Philin the debates or in the Journal, seriatim; adelphia (Mr. Newlin) offered a resoluI suppose by hunting through, from page tion that a committee be'appointed to reto page, they can be found; but, if you port the number of standing committees can get a copyof t he rules as they were necessary for the business'of this body. ordered to be printed, ofbcourse they were The gentleman from Philadelphia (Mr. complete. Cassidy) offered an amendment proNow, sir, I repeat, that I think there viding for rulesfor the government of ough t to be two committees~-a committee this body; that was accepted, and that is to say what standing committees a the resolution now of the gentleman from cessary for this body, and a committee to Philadelphia (Mr Newln) who first Philadelphia..(Mr.. Nqewlin) who first -prepare rules for its government.. | offeredit, and that the numberbe increased - Mr.- J.OHN. PRICE WETHERILL. Mr. to fifteen. Then the gentleman'from President:: I am opposed to the amend- Chester (Mr. Darlington) offers an amendment, as offered by the gentleman from ment, that a committee. be appointed.to reChester, (Mr. Darlington,) for.this-reason: port rules for this body. Now, the ConIt seems to me that one committee can vention will observe; that this is. accomframe rules, and also give us.the informa- plishing the same result in different ways. tion in regard to. standing.committees; as The resolution first offered, and upon the ILunderstand it, the gentleman from Ches- Clerk's desk, contemplates as part of the ter wants a'committee on rulesalone.. duty of the ommittee: that rules be re$~~~~~~~~~~~~~~~ o 0 343l DEBATES OF THE ported. The gentleman's resolution is Purviance, Guthrie, White, (Indiana,) simply the resolution of the gentleman Gowen, Lawrence, S. M. Clark and Mann following; simply that they are to name be the said committee. the number of the committees. It seems SESSIONS OF THfE CONVENTION. to me we ought to avoid confusion by taking up the resolution of the gentleman Mr. DALLAS offered the following reofrom Philadelphia (Mr. Newlin.) It is lution, which was twice read: the experience of every gentleman who Resolved, That until otherwise ordered, is at all familiar with the rules governing this Convention will hereafter meet a legislative bodies, that the rules of the A. M., and adjourn at one P. M., of each body indicate the number and character day. -of:the committees, and the manner of Mr JOHN PICE WETHERILL moved to their appointment. Take up our rules in amend, by striking out the word "one," Congress; you will observe that that pro- and inserting in lieu thereof the word vision-prevails there. Take up the rules three." of either branch of the Legislature, and The amendment was not agreed to. Mi. LANDIS moved to amend, by striyou will observe that the names of the Mr LANDIS moved to and, by stricomrnmittees are mentioned seriatim and king out the word "one," and inserting,embodied in the rules. It seems to mef in lieu thereof the word "two." you ihave two committees-a -committee The amendment was agreed to,. and the O;Lrules and a committee on the; number resolution as ameded was adopted. of.cammittees-it will occasion confusion. i SESSIONS TO BE OPENED WITH PRAYER. One committee, it seems to me, ought to Mr. M'_ALLISTER offered the following ibe empowered to report a series of rules, resolution, which was twice read: and let it be understood as the duty of Resolved, That the President of the Conthat committee to report the number of vention invite the clergy of the city of committees also. If you want a prece- Harrisburg, by an arrangement among dent,. the rules of the Convention of 1837 themselves, to open the sessions each indicate the number of the standing com- morning with prayer. mittees.of that body, and, if I mistake Mr. LILLY moved to amend, by adding not, the committees were appointed ac- " during its sessions in Harrisburg." cordingly. Refer to the Debates of the The amendment was accepted. Illinois Convention, and you will dis- Mr. CAMPBELL moved to strike out the cover the same thing; the Committee on words " by an arrangement among themRules reported also the number of com- selves." - mittees. I know the distinguished gen- The motion was not seconded. tleman from Chester (Mr. Darlington) Mr. LANDIS. I move to amend, by will see, if he reflects a moment, that striking out all after the word "resolved," this is just about the same thing as pro- and inserting in lieu thereof the follow-.posed by the member from Philadelphia ing:.(Mr. Newlin.) itrust, therefore, the reso- "That the President of the Convention tion first offered will be considered by the be requestedf to invite a minister of the Convention, and not the.amendment. city to open the sessions of the Convention Mr. DARLINGTON. Mr. President: I daily with prayer.".wish it perfectly understood, that in any That will apply as well to Philadelphia motion I make I am for the same thing, if as Harrisburg. I -understand it as the gentleman who Mr. MACVEAGQH. That is copied almost offered the resolution. The precedent I fol- verbatim from the resolution of 1837, and Iowed, however, is the precedent adopted is in the language of the usual resolution by the former Convention, when Judge on such occasions. Champneys,- chairman.of the conmmittee, Mr. CASSIDY. I would suggest to -the:proposed the:same resolution. *I caere not gentleman who offered: the amendment to how it:is done.: I do not wvant one com- strike -out the word "minister" and-insert -mittee; I want a dozen of:them. ".clergyman,'" because it might be open -Mr. D.-)ARLI3N: ON'S amendmente w.as not to the: obj ection that it does not apply to agreed to. Catholic priests and the Jewish Rabbi. T:he-origina lresolution, asmodified,was Mr. LANDIS. I-accept that. then.adopted, XMr. GBOYD- moved to amend the- amendIt:was ordered that- Messrs..-Newlrin, men.t, by adding the.following words: *W~oodward, -D arlington, Hopki.ns, Turrell, "And that no-compensation be allowed Black,;(ork,) Armstrong-, — Kainej, S.- A. for such-services.": CONSTITUTIO~NAL CONVENTION. 35.Mfr. COCHRAN. Mr. President: I hope tion. You appoint your committee; that that in inviting the clergymen to.open committee is clothed with the power to the sessions of this Convention with fully negotiate and report to this body a prayer we will not introduce the subject contract, not empowering them, however, of, compensation into the resolution at all. to conclude any contract to bind this It would be a very uncourteous thing, body, but to devise such ways and means, even for us, to indicate a suspicion that and to embody those ways and means in those:idistinguished gentlemen would a contract which will best effect the ends want compensation for their services. I in view. hope the amendment will not be adopted, MTr.- MACVEAGH. Mr. President: The but that -we will leave the question open. only object of my amendment is to bring Mr.- BOY.D. It was because I had such before the Convention the condition in suspicion that I offered the amendment. which this matter stands. Certain reMr. SIiPSON. Mr. President: 1 would porters are here who. have applied for the suggest to my friend from Montgomery reporting of the Convention. I have seen (Mr. Boyd) that he had better insert the one or two of them. Certain other gentleword "pecuniary" before the word " corn- men want to contract for the printing, and pensation," because the Lord may allow including the reporting, and then the them compensation. printers to hire- the reporters and do the The amendment to the amendment was entire work. All we desire is, that it not ~agreed to, and the amendment was should be brought to the attention of the nottagreed to. Convention, so that the Convention may The resolution was then adopted. decide whether they prefer the one iREPORTING AND PUBLISHING OF THE method or the other-to give it out as a PROCEEDINGS,. job to a printer, under a contract, or to appoint the reporters themselves, and Mr,/t;.ARB~ WHXI~TEI offered the follow- contract with the reporters for reporting ing resolution, which was twice read: and with the printers for printing. Resoled, That a committee of seven be appointed to contract forethe reporting and the amendment of the gentleman from publishing of the proceedings of this Con the amendment of the gentleman from vention, and, to report such contract to the Dauphin. He and I have in contemplaConvention for its action thereon. tion precisely the same object....Mr. JoEN PRICE WETHERILL. Mr. Mr. MACVEAGH moved to amend, by Mr. JOHN PRICE WETERILL. Mr. President: I move to amend, by striking striking out all after the word "resolved, President: I move to amend, by striking and inserting in lieu thereof the following: -:- serting the following: "That a committee of tine beappointed "That a committee of seven be at to take into consideration all methods pointed, to be called a Committee on -which may be presented to them for the Printing, and that their duty shall be to reporting and printing of the proceedings receive proposals for the printing needed of this Convention,, and to report to the by this body; said committee to opensaid Convention the method which, in their proposalsandreporttothis body thel judgment, is most likely to secure effi- est responsible bidder, and to attenrd to ciesncy and economy in such pu~bli'cation.") such other business as shall be referred to Mr. HARRY WHITE. Mr. Presiden: them. One wor of explanation as -to the original If this amendment is adopted, and we reolutrd of ean atioh n as othe original by see fit to take oft the subject of reporting the gentleman f rom Dauphin (Mr. Mac and refer it to them, we can do so. the gentleman fron Dauphin (-M-r.'-Mac Veagh.:) -I:cannot say that I am parti0o- Mr. DALLAS. - I move that the further lar which resolution, the original or the consideratien of the resolution and the amendqmen.t offered: -by the gentle-ma~n -aamendment be postponed for the present. from Dauphin, -is adopted. Either one of Mr. J OHN- PRICE WETHERILL. I hopethem:will comprehend -the object I have not.: It: seems. to me that -this is a very in, view.:-: The-: Conventionw will observe- important matter, and should be-fi xe'd- at that the language of-.-the.original -resolnu- the outset.e The reporting and: printing of tion;is'forthe:iappoinbtment(of:a Gcommit- this Convention will probably- bVe the tee toQ.,contrat X-fo:-the. reporting -and largest item of expense. printingrofthbe proceedings, and to report;Mr. KAINE. Mr. President: I call the su uh contract to the Convention; for:' its:: gentleman:to order.: k:A motion: to pbst at.ion. This is a comprehensive resolu- pone is not in order. DEBATES OF THE The PRESIDENT. The Chair does not be accomplished, and the Commnittee on concur in that opinion. Rules can report. I suppose it is unquesMr. JNO. PRICE WETHERILL. It be- tionably true that this-question of expense hooves us to see that this money is proper- is going to be one of the most serious ly expended. I therefore say that this items imposed upon the tax-payers of the is the' most important item before this State, I see that certain gentlemen in Convention. Now, sir,. I have no doubt this hall have considered this subject) that the item of reporting and printing and I think it is fair for those who have the proceedings of a Convention like this not considered it that they should have will not be short of twenty-five thousand time to consider it also, The reasons that dollars; therefore, if it does amount to led me to make the motion to postpone that, it behooves us to give the work out are, first, that the Committee on Rules by contract. We should refer it to the might have an opportunity to report, to committee, and instruct them to receive see if their report includes this subject; proposals; and that comm-nittee should be and, second, that members who have not charged with the duty of opening tlhpse considered the subject may have more proposals, and awarding the contract to itme. the lowest responsible biddclcer. I do hope Mr. MACVEAGLH. The gentleman is enthe amendment will be adopted. In re- tirely mistaken in his understanding, regard to other matters, and in regard to There has been no consultation upon the printing-as the matter of reporting' is subject to my knowledge, other than closely allied to that of printing-we have passed in the committee of nine appointa standing Committee on Printing, and ed' by this body, and what has passed in let that matter be referred to that com- the body of this Convention this mornmitte for their consideration, and give ing. It- was brought before the committee them charge of everything pertaining to of nine, and we submitted a recommendaprinting. tion, and it was, in pursuance of that: reMr. GOWEN. Mr. President: It- seems commendation, that the matter was to me that, if we go into this subject at brought before the Convention. At the all, the resolution of Mr. MacVeagh, as meeting of the delegates, to which the accepted by Mr. White, covers the whole gentleman doubtless alludes, in no manground, and is, in one respect, better than'ner was the subject considered in any dithe resolution of Mr. Wetherill, for the rection whatever, I have had, and I anl reason that the first resolution simply sure I can speak for the gentlemen around makes it the duty of the committee to re- me, no consultation whatever about it. port the result of the several bids to this This did' not come, as we understand it, Convention for their action; whereas, the within the purview of the other action we resolution of Mr. Wetherill gives to five took. All I want is, that the Convention, or six gentlemen the power to ilake a and not a committee, shall be confronted contract with the lowest bidder. It seems with this question: Does the Convention to me, however, that this whole question prefer that the reporting shall be done by is better met by referring it, or letting it reporters, and the printing by printers, or be considered as referred,-to the Commit- that the printing and the- reporting shall tee on Rules, for in those rules there will both be done under a contract with the doubtless be a Committee on Printing, printer? Even upon that subject I have Accounts and Reporting. If that is the no settled opinion. But I have an opinion case, it would be.better that the standing that the Convention ought to decide it committee on this subject should have rather than a committee. entire jurisdiction over the whole subject, Mr. NILES. I desire to ask the gentlerather than that a temporary committee man a question, and that is if there is not should now take action upon it. I would a contract now with the State Printer by suggest that, to-morrow, we will probably which he is entitled to the printing and have the report of. the Committee. on binding of the State, and in force? Rules, which will embrace this subject, Mr. MACAVEAGH. Of that I know nothand relieve us of the necessity of appoint- ing. But I do not believe any contract ing a special committee, made by the Legislature would be bindMr. DALLAS. Mr. President: The ques- ing upon us, as I do not believe the limition before the House, as I understand, is tations of the Convention are in- any demy motion to postpone this entire subject gree binding. I think this Convention is for the present. If so postponed, then the sitting in a sovereign capacity, and is quite purpose of my friend, Mr., Gowen; would competent to make a contract for its print CONSTITUTIONAL CONVENTION. 37 ing and reporting or anything else. In contemplated by that resolution has the that I may be in error, for I have no know- power to inquire into the whole matter, ledge onthe subject. and report, at the earliest practicable Mr.' JNo. PRICE WETHERILL. I desire monment, to this Convention such plan as to call attention to the difference between the majority of the committee may dethe resolution I offered and the one offered vise. Of course, if that committee is'pruby the gentleman from Dauphin (Mr. dent, it will invite bids from all over the MacVeagh.) The gentleman from Dau- country, and this Convention will get the phin desires a committee appointedto take -result of it, and can act as, in their discreinto consideration all the different meth- tion, seems best. ods. I desire a committee on printing and Mr. DARLINGTON. Mr. President: So binding to give this work out to the lowest far as I have heard the argument here toresponsible bidder. day on this question, they all seem to asMr. MACVEAGH. The printing and sunie that the debates of this Convention binding? are going to be reported and printed. Mr. JNo. PPRICE WETHERILLT NO, ixr; Is not that the first question that should the printing. I am willing`that the re- be carefully considered and decided, porting shall come up afterward. whether we intend to have the debates of The PRESIDENT.'The motion is to post- the Convention reported before we make pone for the present. Upon that motion any contract about it, or rush into any exdebate upon the merits of the question is, treme measures from which we cannot legitimately, not in order. back out? It may be the sense of the Mr. HARRY WHITE. I move to amend, Convention that we have everything by making the motion to postpone indefi- taken down that is done. That may be nite. That is debatable. My understand- so; I do not know. We had in the former ing is, that the motion to postpone for the Conivention, I recollect, the report of our present is not debatable, but the motion daily debates in a daily paper, which to postpone indefinitely allows the largest lasted five or'six weeks, and then we latitude of: debate. abolished it, by common consent, as useThe PRESIDENT. The Chair is of the less and unnecessary. Our debates were,,opinion that any motion to postpone is de- nevertheless, reported and printed in Gerbatable, but the debate must be confined man as well as in English, and when they to the motion to postpone. were distributed they were distributed Mr. HARRY WHITE. Then, as to the among the libraries. The Germannobody propriety of postponing this quesion for wanted. The others they took and got rid the present.'What is the situation here? of them as well as they could. Who A resolution has been offered for the ap- read them? Did anybody read them? I pointment of a committee to consider and recollect your sugestion, Mr. President, report to this Convention the question of that the best we could do with them reporting and printiang its proceedings. would be to give the English debates We cannot take a step in that'direction to those who represented German courntoo quickly. -It has been suggested, let ties, and the German debates to those ls.wait, let us delay this matter until the who uepresented English counties, and standing committees are appointed, and. thereby we would be sure nobody read the Committee on Printing will dispose them. I understand that they are not of thais question. Mr. President, this is now to be printed in German. But are the second day of our proceedings. I see we ready to Shave these debates reported before me persons taking notes of our in e:tenso upon every immaterial subject proceedings. A part of our history has that arises? What interest is it to this already occurred. We do not know what generation' or to posterity, whether the step we are going to take. We do not debates for the last two days are ever own the notesathose persons are taking of printed? Who wants his nonsense or his our proceedings. The quicker we dis- folly to be given to posterity? I do not. pose- of this question the better. And The reports of this Convention ought to here is another question; the State Printer be confined, if the debates are ever reis here on this floor, claiming that the ported at all, to an intelligent' report of printing of this body belongs to him, by discussions upon principles, and upon the. virtue of a contract made by him with the amendments which are proposed, leaving State for doing the State printing. I, as outof them everythingthat istrash, everyone individual member of this body, do thing but substance. H'ow are we to do not think it does. But, the committee that? Not by rushing into a contract like 38~ T]DEBATES OF THE this. I donotcare who does the printing, if Mr. DARLINGTON. I think, then, if it istobe done at all; butI am informed by that is the case, the sooner they report respectable authority-I have not looked quasi the better. If they are quasi reat the law myself-the Secretary of the porters let them report quasi. I merely Commonwealth informed me, that it was want to close my remarks by saying that claimed as a right by the State'. Printer I am favorable to postponement. that he should have this'job.. I do not know whether that is right or wrong,. I RESIGNATION OF MR.'RONE. cannot tell. It is supposed that if this is Pending further- consideration of the to be done at all, it can be done ascheaply question before the Convention, Mr. underhis contract as undera contract with Woodward rose to a question of privilege, anybody else. I do not know the gentle- and presented the following resignation: man. I do not know anything about that contract. But I do not think this Con- To the President and members of the Convention is prepared to vote on this subject stittiona Conventio to-day. There is no necessity for hurry. GENTLEMEN:-I hereby tender you my We have said nothing yet that it is neces- resignation as delegate firom the Thirsary to hand down to posterity, not one of teenth district. us. It will be some days yet before we Your obedient servant, get down to talking sense. DANIEL L. RHONE. Mr. MACVEAGtH. I was told by two HARRISBURG, Nov. 13, 1872. members of the committee to-day that Mr. WODWARD. I movethatthecomthere are two reporters, who, under a qaisninothS a o munication be referred tothe delegates at quasi sanction of the Secretary- f the large who represent the minority of this Commonwealth, are now reporting the the proceedings of this body, and understood The motion was carried'. to.be in the pay of the Convention, al- though not formally so. That is the only The hour of two having arrived, the object I have in moving in the matter as President adjourned the Convention until I do. to-morrow morning at ten o'clock. CONSTITUTIONAL CONVENTION. 39 THIRD DAY. THURSDAY, Novetmber 14, 1872. ject of the vacancy occasioned by the reThe Convention met at ten o'clock A. signation of Mr. Rhone. M., pursuant to adjournment, the Presi- The report was read as follows: dent, William M. Meredith, in the Chair. The Delegates at Large to whom it was PRAYER. - referred to fill the vacancy in the membership of the Convention occasioned by the Prayer was offered byRev. Dr. Keeling, resignation of Daniel L. Rhone, of the of the Episcopal Church of Harrisburg, as Thirteenth Senatorial district, do report follows: the following resolution: Almighty and Eternal God, Maker of Resolved, That Caleb E. Wright be and all things, Judge of all men; who hast hereby is appointed a member of the ordained governments on earth for tlhe Convention, to fill the vacancy in the rebetter security and happiness of ourrace, presentation of the hirteenth Senatorial visit, we pray Thee, with Thy loving kind- district, caused by the resignation of ness, the. Council of this Commonwealth Daniel I. Rhone, the member elect of now especially assembled in Thy pre-aid di sence in this place. Fit them with all needed wisdom for the due discharge of (Signed) GEO. W. WOODWARD, the solemn duties committed to them. WM. H. SMITH, Help them to remember that they stand, JOHN H. CAMPBELL, not only before the people, but' in Thy JAS. ELLIS, sight, charged with the solemn trust of A. G. CURTIN, power. Save them from all error, pride, WM. J. BAER, ignorance and prejudice. Guide their S. C. T. DODD, councils and labors to such just conclu- R. A. LAMBERTON, sions as may be acceptable to the people SAM'L H. REYNOLDS, of this State, and to the maintenance of ANDREW A. PURMAN, FRANKLIN B. GOWEN, peace, and union, and truth, and justice, WM. L. CORBETT, and religion, and kindness, and be an GM. CORBETT, honor to them and acceptable to Thee; which we ask through Jesus Christ, our Whereupon, Caleb E. Wright presented Redeemer —Amen. himself in front of the Clerk's desk, and The Journal of yesterday's proceedings the following oath was administered to was read. him by the President: Mr. COCHRAN. Mr. President: I merely You do swear that you will support the suggest in regard to one matter as record- Constitution of the United States, and pered in the Journal, that John Gibson was form your duties as a delegate in this Conelected a delegate from the county.of venition with fidelity, so help you God. York; that counties are not recognized in the election of delegates to this Convention. They are elected by Senatorial dis- Mr. LAWRENCE. Mr. President: I untricts, and I suggest that instead of the derstood that the gentlemen who were words "the county of Yoik," the words elected to the subordinate offices yester"the Twentieth Senatorial district" be day, at least some of them, are present. inserted in that portion of the Journal. I think this would be a proper time to The Journal was so modified,- and as have them sworn. If it requiresa motion modified was approved. I would move that they now present themselves to be sworn. REPORT OF COMMITTEE TO FILL VACANCY. RO OC ITTEE TOFILLACACY Without putting the motion, the PresiMr. WOODwARD. Mr. President: I rise dent directed the officers elect to come to a question of privilege. I offer the re- forward; wh'ereupon he administered to port of the Delegates at Large on the sub- them the usual oath. 40 DEBATES OF THE RESOLUTION CALLING FOR INFOR1MATION. Resolved, That Mr. John A. Smull, Resident Clerk of the House of RepresentaMr. WOODWARD offered the following dent Clerk of the House of Representa resolution, which fas read:thefoli tives, be requested to aid the officers of resolution, which was read: this Convention. Resolved, That the Auditor General be requested to inform the Convention what DEPARTMENTAL EXPENDITURES sums of money were paid out of the Trea- Mr. FREEZE offered the following presury of the Commonwealth for reporting, amble and resolution, which were read: printing, binding and transporting the WHEREAS, By the tenth section of the Debates of the Constitutional Convention act calling this Convention, the Secretary of 1837-8, including also the postage paid of the Commonwealth was authorized to for transmission of the speeches of'mem- be prepared, for the information and use ers through the mails. of the Convention, such statistical inforXMr. SIMPBSON. Mr. President: I rise to smation as may be useful to it in the pera question of order. When the Conven- forinance of its duties; therefore, tion adjourned yesterday there was a Resolved, That the Secretary of the pending question which has not yet been Commonwealth be requested and indetermined, and I submit that it is now in structed to furnish to tle Convention, order to proceed to determine that ques- within ten days, the expenditures of the tionah I have no objection to this resolu- Executive Department, including the tion, but I want the business disposed of Auditor General and Surveyor General's in order. offices, as well as the expenditures, in deThe PRESIDENT. No rules having been tail, for two years last past, of the Legislative Department. adopted, the Chair supposes that this body lative Department Mr. LAWRENCE. I suggest that the is governed by the ordinary parliamenta- Mr w. I suggest that the r5* rules. First, after the reading of the rules of this body require resolutions callJournal, is the reception of petitions; ing onthe Depatments forinforation to second, the offering of resolutions, and, The PRESIDENT. There is no rule on third, is going on with the business pending when we adjourned. If the Chair is the subject. in error he desires to be corrected. nary rules of the House of RepresentaThe resolution was read a second time. tives, they require all such resolutions to Mr. WOODWARD. Mr. President: The lie over one day. only word of explanation that resolution The PRESIDENT. Thele have been no requires is in reference to the matter of rules adopted as yet. postage. I will explain to gentlemen Mr. LAWRENCE. I have no objection that the reporter of the former Conven- to it. tion had not made much progress in pub- The PRESIDENT. It can be easily postlishing the Debates when the Convention poned untilto-morrow. adjourned, and as he was required to sub- Mr LAWRENCE. I have no objections mit every gentleman's speech to him, the to the resolution. question arose as to how he could do it af- The resolution was read a secondtime. ter the Convention adjourned, and it was Mr. MANN. I move to amend, by.resolved that he shouldl send fthelm by striking out the words "required and inmail, the State paying the postage both structed," and inserting the word "reways. For a year and a half an enormous quested." I think the word "requested" mass of worthless matter was passing will be sufficient to obtain the informathrough the mails of Pennsylvania in or- tion. der that gentlemen might have a chance The amendment was agreed to. to revise' their speeches. Now I want to Mr. MANN. As there is very lnuch inknow what that amounted to. That post- formation asked for in this resolution, I age bill must have amounted to consider- move to amend, by strikingout the words able. "ten days," and inserting the words The resolution was adopted. "within a reasonable time." The amendment was agreed to.'R~ESIDENT CLERK OF THE IIOUSE OF REPMr. HOPKINS movdd to amend, by RESENTATIVES. striking out the words " within a reasonaMr. STANTON offered the following reso- ble time," and inserting the words "at lution, which was -twice read and his earliest convenience." adopted: The amendment was agreed to. CONSTITUTIONAL CONVENTION. 41'Mr. BRODHEAD. I would ask the mover of members. It is necessary, I think alofthis resolution if we have not all this most absolutely necessary, that they information in the report' of the Auditor should have them all before them enmGeneral? -If there is any necessity for braced in a small book in pamphlet form; these- officers to go to all this trouble, and as many of these' old things of original to put the State to the expense of ascer- principles will be brought before this taining these things? If they are in the re- Convention, we ought to have them in ports of the Auditor General we can ob- that form. We have already books in tain the information from them. two large volumes, and it will take a man The resolution was then adopted, a di- thirty days to find out what is in them. I vision being called, by a vote of 49 in the find that the Constitutions of 1776 and of affirmative and 20 iht the negative. 1790 are not in those large books. The expense willbe very small to print two USE OF STATE LIBRARY. hundred copies, and I think members Mr. WHERRY offered the following reso- will find it convenient to have them in lution, which was twice read: that way. I. hope the amendment will Resolved, That the State Librarian be not be adopted. requested to furnish books to the members Mr. W-HERRY. Mr. President: In beof the Convention under the same rules half of the amendment I offered I desire as to members of the Legislature. just to say a word. It covers all that is in Mr. MACCONNELL moved to amend, by the original resolution, and a single point adding the words "during the sessions of more. This Convention may be troubled the Convention in Harrisburg." every day of its sessions with resolutions The amendment was agreed to. calling for the printing or purchasing of Mr. DALLAS.- I ask what those rules books, and gentlemen of the Convention are. The resolution says the same rules cannot vote very intelligently upon them. as those of the Legislature. Now I simply ask for a committee to Mr. WiHERR'Y. The mover of the reso- whom shall be referred all resolutions of lution is unable to tell exactly what they tha t character, who can report to this body are, but they are laid down in the volume what books are necessary for this Conof rules. I take, it for granted that they vention. I have no objection to printing are quite sufficient. this book of Constitutions, but I presume Mr. DALLAS. Does it mean we are to that there are also other things that will have the use of certain books, or are they have to be printed. to be presented to us? Mr. HENRY W. SMITH. The ConvenMr. WHERRY. I presume the use tion is certainly as competent to decide only. the simple question proposed by this The resolution as amended was passed. resolution as any committee and more so. PRINTING FOIRMEtR CONSTITUTIONS. Mr. HANNA. Mr. President: I move to refer the resolution and amendment to Mr. HENRY W. SMIITH offered the fol- the committee of fifteen. My reason for lowing resolution, which was twice read: making that motion is that this commitResolved, That two hundred copies of tee, appointed yesterday, will, no doubt, the Constitution of Pennsylvania of 17,76, report the rules and regulations to govern 1790 and 1838, and subsequent amend- this Convention. One of these standing ments, be printed in ipamphlet form for committees may or may not be a committhe use of the members of the Conven- tee on printing. Now, I submit that if tion. such a committee should be appointed, Mr. WHERRY moved to amend, by ~all such resolutions as this should be reby striking out all after the word "re- ferred to that committee on printing to exsolved," and inserting the following: amine and report upon the expediency of "That a committee of five be appointed the printing proposed by such resolutions. to consider and report what additional I submit that we should not be in haste books, if any, are necessary to be pur- in this respect, and that this resolution chased or printed for the use of the Con- providing for the appintment of a special vention." committee on printing would be more ap-. Mr. -IENRY W. SMITH. I hope the propriately referred to this standing comamendment will not be agreed to. The mittee on printing. I therefore make eff'cet of the resolution is simply to print this motion to refer this resolution, for the the three Constitutions that have had present, to this committee appointed yesexistence since 1776, for the convenience terday. 48 DEBAPTES 0o? TPHE Mr. WHERRY. I think the: gentleman jeet; we may both be in error. PI think, misapprehends what the duties of the however, he is correct. in stating thatprinting committee will be. Certainly everything asked for in this resolution, they will not be to decide what books and I think I am correct in stating that should be printed, but only to'execute everything asked for in the former resothe orders of this Convention in the mat- tution is contained in the amplest detail ter of printing. in the printed reports. Therefore, it Mr.1-STANTON. I move that the whole would be best to ask for copies of those matter be postponed for- the present. I reports so as to avoid duplicating them. make that motion because there is already Mr. WiHERRY moved to amend the resobefo're the Convention- a proposition to lution so that it would read as follows: appoint a committee on printing, and, if " Resolved, That the Auditor General be adopted, the resolution will be referred to requested to furnish each member of this that committee. Convention one copy of each of his anTh-e motion of Mr. Stanton was agreed nual reports for the years 1871 and 1872." to.,Mr. RUSSELL. I will accept the amendAUDITOR GNERALS REPORTS. mont. It is absolutely necessary we should have this information. I am willMr. RUSSELL offered the following reso- ing that my resolution shall go in at the lution, which was twice read: end of this one as a proviso, in case the Resolved, That the Auditor General be information cannot be obtained from the requested to furnish the Convention a printed reports. statement showing the amount of revenue Mr. STANTON. If the Auditor General received into the Treasury of the Com- has the information already printed he monwealth during the years ending, re- can send it into the House. If he has not, spectively, on the 30thof November, 1870,' it is necessary to print it. I'can see no and: 1871, specifying the sources from objection to passing the resolution if he which said revenue was derived; the has it already printed. same to be furnished as soon as his state- Mr. LILLY. There are several reports ments can be-prepared. of the Auditor General, and we should Mr. DARLINGTON. Is not that informa- designate what report. It is suggested tion to be found in the printed reports of that the financial report be designated. hit Auditor General? Mr. RUSSELL accepted the modification Mr. MACVEAGH. I think every particle proposed. of it. I think it would certainly be wise Mr. MACVEAGWH. I desire to state for if the gentleman before offering this reso- the information of the Convention —lution Would investigate the books al- The PRESIDENT. Has the modification ready published at the expense of the been accepted? State. If this information is not there Mr. MACVEAGH. It has been accepted fully and in detail, then we ought to have by the mover of the resolution. it. But as these reports, to be of any use, The report for this year, I infer, has not will require to be printed when they come been printed. The year ends on the 30th in, it looks to me as though we are in dan- of November, and therefore it will not be ger of duplicating the printing already printed until about the middle of Decemdoneatthe expense of the Commonwealth. ber. I did not think of that at the time. If that- is not so of course we ought to But it does seem to me that the present have it. I am very strongly of the opin- postponement of this matter, and its reion that if we pass this resolution this ference to some committee, in order to morning, and it is carried into effect, it prevent the multiplicity of books, is very will only result in copying and re-print- desirable, The resolution, if it passes the ing certain portions of the Auditor Gen- House in its present form, will require a eral's reports. I think it is not asking too copy of these voluminous reports for each'mucithat the gentleman take the trouble member. I do not suppose that many to aseertain whether the information is copies are in existence. At least I trust niot already given, and in as full detail as not, for it would show a great waste if it can be done. If it is, it is certainly un- there were. But it -does seem to me that desirable -to pass this resolution, which half a-dozen or a dozen copies could be illrequire a very considerable expendi- gathered up and placed in a room for the ture: in printing alone. I am very sure use of members, which would - answer that the- gentleman from Chester (Mr. every purpose, instead of printing this Darlington) is correct. But I will not ob- very considerable and expensive book. CONSTITUTIONAL CONVENTION. 4-3 If there is a committee to take into con- 6. One Committee, to: consist of five sideration the statistical information re- members, upon Impeachment and Required by the Convention, that commit- noval from Office. tee -could report upon this subject, so that- 7. One Committee, to consist of nine we could understand it more intelli- members, upon Commissioners, Offices, gently, I think, than we do now. Oath of Office, and Incompatibility of Mr. ANDREW REED. I move that the Office. further consideration of the whole matter 8. One Committee, to consist of nine be postponed for the present. members, upon Education. The motion of Mr. Reed was agreed to. 9. One Committee, to consist of nine REPOIRT OF COMMITTEE: ON LSTANDING members, upon Cities and City Charters. COMMITTEES AND RUILEBS 10. One Committee, to consist of nine members, upon Counties, Townships and Mr. NEWLIN. Mr. President: I am in- Boroughs. structed by the committee of fifteen, to 11. One Committee, to consist of nine whom was referred the resolution of yes- members, upon County, Townships and terday, instructing them to report to the Borough Officers. Convention what standing committees. 12. One Committee, to consist of five should be formed, and also what rules for members, upon Militia. the government of this body, to make a 13. One Committee, to consist of nine partial report. And in making that par- members, upon,Public and Municipal tial report I will say that the committee Debts and Sinking Funds. met yesterday afternoon at half-past four 14. One Committee, to consist of seven o'clock, and with the exception of an in- members, upon State Institutions and termission of half an hour, remained in Buildings. continuous sessionuntileleven o'clocklast 15. One Committee, to consist of seven night, and met at nine o'clock this morn- members, upon Religious and Charitable ing, and remained in session until this Corporations and Societies. time. -I now submit a report, signed by 16. One Committee, to consist of eleven the majority, and a dissent, signed by members, upon Railroads and Foreign some of the committee. Corporations. The-report was read as follows: 17. One Committee, to consist of nine To the Constitutional Convention: members, upon Private Corporations. The undersigned, committee appointed 18. One Committee, to consist of nine to report what standing committees members, upon Declaration of Rights. should be appointed by and rules adopted 19. One Committee, to coinisist of five for the government of the Convention, members, upon.Future Amendments. respectfully report: 20. One Committee, to consist of nine That the time allotted for theirdelibera- members, upon Constitutional Sanction. tions has been too short to enable them 21. One Committee, to consist of nine to digest and report at this time a body members, upon Schedule. of rules for the government of the Con- 22. One Committee, to consist of five vention. They therefore request further members, upon Revision and Adjusttime to- report such rules, and in order ments. that the business of the Convention may 23. One Committee to consist of ive not be delayed, they report that the fol- members, upon Accounts and members, upon Accounts and Expendilowing standing Committees should be turesofthe Convention. appointed, viz: 1. One Committee, to consist of nine 24 members, upon the Legislature. members, upon Printing and Binding of 2. One Committee, to consist of eleven the Convention. members, upon Legislation. All of which is respectfully submitted. 3. One- Committee, to consist of nine (Signed) JAMES W. M. NEWLIN, members, upon Executive Department, WM. DARLINGTON, its Powers and Duties. W. H. ARMSTRONG,4. One Committee, to consist of fifteen J. B. GUTHRIE, members, upon Judiciary, including al- FRANKLIN B. GOWEN, dermen and justices of peace. GEO. W. WOODWAPRD, 5. One Committee, to consist of eleven WM. HOPKINS, members, upon Suffrage, Elections and -SAM'L A. PURVIANCE, Representation. JOHN S. MANN. 44 DEBATES OF THE We, the undersigned, members of the opportunity shall be given to make that committee appointed to report what stand- amendment. ing committees should be appointed by Mr. BEEBE. I move that the resolution and rules adopted for the government of and amendment be referred to the comthe Convention, concur in the said report mittee of fifteen. so far as made, excepting as to the ap- Mr. HARRY WHITE. I trust the genpointment of a Committee on the Declara- tleman who offered the motion to posttion' of Rights, from which action of the pone for the present will see the procommittee we respectfully dissent. priety of the motion made by the gentle(Signed) HARRY WHITE, man from Venango (Mr. Beebe.) It ocD. KAINE, curs to me that this question ought to be ISILrAS M. CLARK, met in a way to avoid confusion. The J. S. BLACK, committee of fifteen have made a report WM. J. TURRELIL, as to the standing committees, and it ocG. V. LAWRENCE. curs to me that the ~notion to refer this G. V. LAWRENCE. matter to the committee of fifteen would Mr. COCHRaAN. I move that the report meet all the practical necessities of the be adopted. case and avoid all confusion hereafter, The PRESIDENT. That motion is not in unless it is contemplated to have a special order. The report, will be laid on the committee, independent of the standing table. committee reported. by the committee of Mr. NEWLIN. Mr. President: I was fifteen. I trust the motion to postpone also instructed, or requested —it came, will be withdrawn, and that.the motion rather, in the way of a suggestion-that if of my friend fronm Venango (Mr. Beebe) the committee could be allowed an hour, will prevail. -or a little longer time, it would be able to The question being on the motion to report a body of rules. It is for the Con- postpone, it was carried, a division being vention to say. called by a vote of fifty-five in the affirThe PRESIDENT put the motion on the mative to twelve in the negative. question of granting leave to the corn- STANDING COMMITTEES. mittee to sit during the session of the Con- Mr. COCHRAN. Mr. President: I now vention, and it was agreed to. move, for the purpose of bringing the mat-REPORTING~ AND PRINTING. ter before the Convention, that the report of the committee of fifteen, presented to Agreeably to order, the Convention re- the Convention this morning, be adopted. sumed the consideration of the resolution The report is not in the form of a resolurelating to the appointment of a commit- tion, and it is necessary, I suppose, to put tee to consider the subject of reporting it in the form of a motion, and that quesand printing, pending when the Conven- tion will be divisible if any' gentleman tion adjourned yesterday, the question desires. being on agreeing. to the amendment of Mr SIMPSON. I presume it will be neMr. Jno. Price Wetherill, and a motion cessary to take it from the table first. 1t having been made by Mr. Dallas to post- was laid upon the table. pone the further consideration of the reso- The President put the question on prolution and amendment for the present. ceeding to the consideration of the report Mr. DALLAS. Mr. President: My ob- of the committee of fifteen, and it was ject in'making the motion was, that the agreed to. further consideration of the subject might The report was read by the Clerk. be postponed until after the report of the Mr. NEWLIN. Mr. President: I move committee of fifteen. I now modify the that the report of the committee be adoptmotion, that the further consideration of ed, so that the committee, in pursuance of the same be postponed until after the full the order of the House, may be enabled to report of the commnittee of fifteen is sit now and complete a code of rules. made. Mr. KAINE. I move to amend the moMr. JNo,. PRICE WETHERILL. The tton of the Chairman that the question be amendment I offered yesterday can be so taken upon the adoption of the report on modified as to make it the duty of the each committee separately. standing Committee on Printing, when Mr. LILLY. The gentleman can reach appointed, to receive proposals and open his point by moving to strike out the them': and make awards. I hope the majority report and insert the minority matter will not be postponed until the report. CONSTITUTIONAL CONVENTIO. 45 Mr. MACVEAOGH. I trust that this vote us that we solve them rightly, and to the will be taken separately. This is one of the people that we present them in a form most important labors of the Convention, likely to meet with their acceptance. and I trust the gentleman's motion will Upon them intelligent men greatly differ. prevail. There are other questions involved in the Mr. GOWVEN. I do not understand the re-construction of the fundamental law gentleman from Fayette (Mr. Kaine) to which are certainly of very secondary imcall for a vote upon every committee? portance, and about which intelligent men Mr. KAINE. Yes, sir; my motion was are not known seriously to differ. What to amend the motion of the Chairman should be the relation of the judiciary to that the vote be taken upon the adoption a free State? What should be the relaof every committee. There is a misap- tion of the State itself to the great moprehension upon this subject of the ma- nopolies of modern civilization? What jority and the minority report. There is are the best methods of representation to no minority report. A number of us do secure a just expression of the popular not agree with the majority upon the sin- will compatible with strength of governgle solitary idea, that is the item of the ment? These, and possibly one or two declaration of rights. That subject is ex- other matters of a similar character, cercited from the jurisdiction of this Con- tainly what should be the limitations upon vention by the act of Assembly, under the granting of special favors by legislawhich we are elected, and some of us tive action, and how best the lines may be thought we had better not interfere with it, drawn between the j udgm ent of the courts that we had no right to interfere with it, and the judgment of legislative bodies in but some thought otherwise, and were not private controversies, and possibly other willing to submit to the action of the Leg- questions, are questions to-day of grave islature in declaring what shall not be and pressing import for the people of considered by this Convention. This is Pennsylvania; possibly how for the State not a minority report, for we concurred in its corporate capacity can wisely interin everything else. Every other provi- fere in aid of labor in its unequal struggle sion was adopted unanimously I believe. with capital, and possibly, I repeat, other Mr. HIOPPKINS. I would suggest to my questions as well, that are now pressing friend from Fayette (Mr. Kaine) that he -upon the attention of all thoughtful men simply call for a division of the question, engaged in laying anew the bases of the and -that the vote be taken upon all the organic law for large, industrious, thrivcommittees recommended by the com- ing communities like that of Pennsylvainittee of fifteen, except' the one to which nia. And there are other matters, such lie refers. as the public buildings of the State, such Mr. KAINE. I will accept that proposei- as the officers for the administration of tion. counties and townships and boroughs, Mr. CASsIdY. Mr. President- such as the best methods of avoiding inMr. MANN. I rise to a point of order. compatibility of officers, such as providThe PRESIDENT. The Cha~ir is about to ing for amendments to the Constitution, state that any gentleman has a right to and for the revision and adjustment of the different sections of this new Consticall for a division of the question. If the gentleman from Fayette desires to call for tution we are about to frame, for the sua division of the question he has a right to pervision of the accounts and expenses do so.: Any other gentleman may call and printing and binding of the Convenfor a further division. The question ison, which are certainly of quite secondnot debatable. ary importance, and about which intelliMr. MANN. I call for a division on each gent men are not likely much to differ. separate committtee. Now the numbers of these committees TThe PESIDENT. Thequestion isupon seem to me not to have been arranged the first standing committee. with a reference to the greater distinction Mr.'MACVE-AGI. Mr. President: Be- of subjects, and I trust that at least for a fore that vote is taken I should like few of these great pivotal committees, the Convention to consider the desira- upon whose work the success or failure of bleness of making a distinction which this Convention must depend, when arCdoes not Appear to me to be made in the ralgned at the bar of public opinion, I report of the committee. There are cer- trust for these leading, cardinal questions, tain cardinal questions in the work of this committees of not less than fifteen will Convention of very great importance to be ordered by this Convention. I know ,46 DEBATES, OF- THE it' is covenient to have a lesser number, of nine was recommended upon the Legbut I also know, or at least I believe, that islature and a committee of,eleven upon in the result it will have been found more the subject of Legislation. The distinction cbnvenient and more satisfactory to have drawn in the committee between these had a larger and fuller representation of two subjects is this: That the Committee the different views of the different,sec- upon the Legislature shall have power to tions-Which are represented in the Con- report the number, the qualifications, the vention. itrust, therefore, that upon the manner of election, and all that goes to Legislative and upon-the Executive, as make up the body that composes the Leg-upon the Judiciary and upon Suffrages islature, and have nothing whatever to do.IElections'and Representation, at least, with the powers, restrictions or duties of _and upon lRailroads and Foreign Corpora- the members of the Legislature after they tions, we will have committees of fifteen have convened in General Assembly. each. That subject was intended to be referred -The- PREJSIDENT. The Chair has re- to the Committee upon Legislation, and ceived a motion to adopt the report of the it was supposed that that committee committee, and if no amendments are in would be charged with what is, I have no contemplation that might be done. But. doubt, one of the most important objects as:amendments are offered, the Chair is of this reform Convention, namely: The of the opinion that it should be put in the restriction of the powers of the Legislaform of a resolution, and that may be re- ture; that it should take off all questions duced to writing hereafter. of special or class legislation, every act or Mr. NEWLIN. I offer that resolution. method of passing bills, every act or The PAESIDENT then stated the question method whereby the Legislature in Gen-:to-be on the amendment to the resolution eral Assembly exercises its duties or perto increase the standing committee on forms its functions. That was the disLegislation, now under consideration, to tinction drawn by the committee of fifteen, fifteen. and, I believe, unanimously agreed to Mr. COCHRAN. Mr. President: I wish after a very full discussion. merely to remark, sir, that it is admitted Mr. MACVEAGH. If I can obtain unanithat the questions presented by the report mous consent, I desire to withdraw my of this committee are important, and that amendment. After the explanationgiven, it, is:very difficult, Irom the mere reading that is certainly a sufficiently large comofa report such as this, to understand its mittee on the subject of the election of eacat scope, and the several particular the Legislature. partagraphs of it providing for the appoint- Consent was given, and the amend-ment of distinct committees. Now, if I ment was withdrawn. understood the reading of the report in Mr. DAVID N. WHITE. Mr. President: the first instance, I understood the first These two committees now spoken ofcommittee:provided for was a committee the Committee on Legislature and the on Legislation. If that be so I would Committee on Legislation-are very imlike to have the distinction between the portant ones. I had drawn up, with an two explained. I would like to vote un- idea to this subject, a Committee on the derstandingly, and I do not know what is Legislature, the number, the apportioniatended by the distinction between a ment, the mode of election, term of office, Committee on the Legislature'and a Cor- privileges, qualifications and compensamittee on Legislation, tion of the members of each House of the Mr. GOWEN. Mr. President: As one of General Assembly, the time of meeting, the members of that committee, and as I vacancies and of adjournment. This acted aIs secretary, and happento have the would comprehend the number, which is schedulebefore mee, I can pro bablyex- a very important question. It would plakin. T-he matters tbhat we considered of comprehend, also, whether you have the most importance we-referred either to annual or biennial sessions. It would ve-ry: —large committees, or the subject also comvprehend the mode of election, matter was divided and tswoseparateco m- and the division of districts; and I hope mltt:es di!ated to take-charge of these this Convention will agree to a commits i.i.sions.::Th.atwas particularly;the tee of at least fifteen on that subject. It:case poga ttheisubject of the:Legisature. is one of te great subjects to come before It;:.wasonceived t$-hat that was oneoftohe this ibody For my part I diagree wiit:moest iportat subjets to come be- t report of the committee in:regard to fr!:the:C00 itin,; d a ommittee the n'um-ber of cmittees. I think te CONSTITUTIONAL CONVENTION. 47 number is entirely too large. I think it should be fully considered in committee. is'likely there will be clashing between I take it for granted that the labor of this the committees. There are about ten or Convention-the great labor of this Contwelve important subjects, which com- vention —will be in the committees. prehendthe whole Constitution. I would Every question presented should be so prefer to see them divided in that form, fully considered there, and so tho-.and have large committees, so there will roughly investigated that the report be no clashing between these committees, of the committee, when made, will coineach having a distinct subject, and have mand the approval of this Convention; them carefully considered before they are that they will. feel assured the committee brought into the Convention for debate. has given the subject full and due considThe second committee, which, if I may be eration and thorough investigation. It is allowed to refer to it-it is not now exact- right, therefore, that the committeeshould ly before us —is onthe powersof the Legis- be large. The gentleman who last adlature-the limitation of the powers of the dressed the House said that it should be Legislature-and is one of the most im- remembered that such a number comportant committees that can be raised in posed these committees. Why, sir, in the this Convention. It is one of the great Convention of Illinois, consisting of but subjects to come before this body, and I eighty-two members, there were three should be sorry to see any less number on hundred and twelve on committees. Our that committee than fifteen. That, in- number greatly exceeds theirs, and the deed, is the great question that has called gentleman stated that two hundred and us together. I do not believe there would twenty-four would be on committees, not have been any Convention called but for so many by nearly a hundred as theirs. the demand of the people of this State Gentlemen can well serve On more than that there should be some limitation one committee. Probably thechairman of the powers of the Legislature. No will have enough to do when he is chairreform is so much needed, no question man of one committee, but men of abilidemands so careful consideration and so ty can serve on more than one committee, complete an interchange of sentiment, and I hope that not only:every member and I hope that committee, also, will be of the Convention will be upon a cornof the number of fifteen. I offer an mittee, but that the leading members, the amendment, that the Committee on Legis- well informed members, those who come lature shall be composed of fifteen mem- with the experience of age and with bers. minds well equipped, will be distributed The amendment was not agreed to. throughout several of the committees, The first division, providing for a com- that they. may be entitled to that weight mittee of nine members upon the Legis- which the report of every committee lature, was.agreed to. should when presented. I do most sinThe second division was read as follows: cerely hope that this most important of "lne Committee, to consist of eleven all committees will be increased to fifteen. members, upon Legislation." n.the:question, will the Convention Mr. MAEAGH. I now. move to in- agree. to - the. amendment? crease the number of-that -committee to The yeas and nays were required by fifteen, for the reason stated by Mr. ow, Mr. MacVeagh and Mr. M'Allister, and en, that it embraces one of the most imr- were as follow, viz: portant subjects to come before -this Convention..Mr. DARLINGTON. If the gentlemene Ml esrs,: Ainey,, Alricks, Andremn kAdwill lookovuer that list l and see.that it re-.dics, iB aer, Black, (York,) BailOY,(ntquires.about two hundred members to ingdon,) Ba:Jly,\ (Perry,) Beebe,. Btgk,: form these: comittees, I think they will (Greene,) Bowman, tBrodhead, Brown,.be atisfied with the number that this re- Blarclay, Curtin, Campbell, Co.rbett,-Ca- - port includes.: rey,:Carter, Church, Collins, Corson, Cr.a-,MI. M!I'ALLIST. Mr.. PFresideint: I m laer,Curry, Dimmick, Dodd, DeFrance, hope this.amendmeat:will pss. I agree Danning, Edwards,: Ellitt, Ewing, Fell, most heartily w. e ith te sllgestion that Finney, Fulton, Gibson, Gilpin, Hall, Hanthis is one of the most imppr~ant commit- in,:Iy,: Ha.zard, Hemphill, HEeverin; tees we.can have. It is one of thegreat H pB4li% loarton, Hunsieker, Lamberton, obtjec ts. which indced the peplep to:.:l Lllry, L.ng, M.Allister, M'Clean, M'ICul-:us here, and:it:is rig.ht that tlhis:su.ubject loch,, M'Murray, MacVeagh, Mann, Man 48 DEBATES OF THE tor, Minor, Niles, Purnan, Palmner, H. V., The third division was then agreed to. Palmer, G. W., Patterson, (Allegheny,) The fourth division was read, as follows: Patterson, (Lancaster,) Porter, Pughe, "One Committee, to consist of fifteen Reynolds, S. H., Read, (Philadelphia,) members, upon Judiciary, including alReed, (Mifflin,) Rooke, Ross, Runk, Rus- dermen and justices of the peace." sell, Sharpe, Smith, (Berks,) Smith, (Lan- The division was agreed to. caster,) Stanton, Stewart, Struthers, The fifth division was read as follows: White, David N., Wetherill, (Philadel- "One Committee, to consist of eleven phia,) Wherry, White, J. W. F., Worrell, members, upon Suffrage, Electidns and -Wright and Meredith, President-83. Representation." NA Y S. M. Mr. MACVEAGH. Mr. President: I move to amend, by increasing the number Messrs. Armstrong, Bartholomew, BaMessrs. rmstron, Bartholomew, PBormal - to fifteen. I need not say that the public kr Bana, iddle, Boyd, Broomll, mind in very many countries, governed Cassidy, Clark, Cochran, Craig, Davis, -by representative governments, is' now Dallas, Darlington, Ellis, Freeze, Gowen, Guthrie, Howard, Kaine, Lawrence, Lan- -considering various problems suggested dis; Lear, MacConnell, Metzger, Mott, by thoughtful students of political science, to'endeavor to decide upon the best iNewlin, Parsons, Patton,'Purviance, (Al- e to endeavor to decide upon the best legheny,) Purviance, (Butler,) Reynolds, method of securing popular representation in deliberative bodies. I do trust the James L,,' Smith, (Allegheny,) Simpson,'' Teample,.TurSell, (Van Reed, WalSrmo, Convention will increase the number of Temple, Turrell, Van Reed, Walker White (Indiana) and Wetherill (Schuyl- this committee to fifteen;it seems tome kill.)-40. to be a committee of very great imSo the questioon was determined in the portance, and I hope that will be done. affirmative. Mr. WHE:RRY offered an amendment to The'second division, as amended, was the amendment, providing that the comthen' agreed to. mittee be limited to' Elections and SuffThe third division was read as follows: rage, and that an additional coml'ittee "One Committee, to consist of nine of seven be created on the subject of members, upon Executive Department, Proportional Representation. its Powers and Duties." Mr. WHERRY. I agree with my learned Mr. MACVEAGaH. I should be glad to friend from Dauphin (Mr. MacVeagh) say, in order that gentlemen may under-'as to the importance of this subject. I stand I do not propose to annoy the Con- believe this is the subject which lies at vention by constantly proposing amend- the basis of all prosperity in representa-'ments, that Ihave amendments only on tive governments. Gentlemen havesaid the subjects of Legislature, the Execu- a great deal about the necessity of legistive, the Judiciary and Suffrage, Electiols lative reform, but I tell you that the peoand Representation, (because, as gentle- ple are demanding an electoral reform; men will see, -that involves one of the vital they are demanding reform in representa-'questions to come before the Convention,) tion; they are no longer willing to trust Public and'Private Debts and Corpora- power to the will of the majority, unretions, Domestic and Foreign. I simply strained and undirected, and not modistate this as the view of my mind, and fled by that conservative power which is'that gentlemen may not misunderstand always in the minority. There is no suband consider that I am annoying them ject that has commanded the attention of with unnecessary amendments. But, in the minds of the best men of the world view of the fact that the' present corn- so much during the past twenty years as mittee embraces the entire relation of the this matter of reform in representation. Executive powers of the government, in- It has received the attention of some of cluding the power of pardon and the re- our best men in our own country, and has mission of fines and forfeitures, I feel been deemed worthy the consideration obliged to move that that committee- be of Constitutional conventions throughout increased to fifteen. the whole country, and in every'case it:On- the question, will the Convention has been referred'to a special committee. agree to the amendment of' Mr.' Mac- I ask that you consider this matter careVeagh? - fully, and give us a separate committee A division was called, and'the vote'be- on this important subject. It is true that ing 50'in the affirmative and 51 in the an' increase in the number of the memnegative, the amendment was not agreed bers of the'committee might add power to. and weight to its deliberations, -but the CONSTITUTIONAL CONVENTION. 49 subject is large enough for a special cormn- The seventh division was read, as folmittee, and I am sure there is work lows: enough left for the other committee.'"One Committee, to consist of nine The amendment to the amendment was members, upon Commissioners, Officers, -not agreed to. Oath of Office and Incoilmpatibility of On the question, will the Convention Office." agree to the amendment of Mr. Mac- The division was agreed to. V eagh The eighth division was read, as follows: The yeas and nays were required by II "One Committee, to consist of nine m en1lMr. MacVeagh and Mr. Beebe, and were er n daton" asi follow,~ svia: bets, upon Education." The division was agreed to. Y E A S. The ninth division was read, as follows: "One Committee, to consist of nine mnemMessrs. Ainey, Alricks, Andrews, Ad- bels, upon Cities and City Charters." dicks, Achenbach, Baer, Black, (York,) The division was agreed to. Bailey, (Huntingdon,), Baily,. (Perry,) The tenth division was read, as follows: Bannan, Beebe, Black, (Greene,) Bow- "One Committee, to consist of nine man, Brodhead, Brown, Barclay, Curtin, members, upon Counties, Townships and Carey, Carter, Cassidy, Cochran, Collins, Boroughs." Corson, Cronmniller, Curry, Dinlunick, Mr. HAY moted to amend, by adding Dodd, De France, Dunning, Edwards, the words "aind their officers." Elliott, Elwing, Fulton, Gilpin, Hall, Mr. HAY. I do not understand the neHanna, I-Iazzard, Hemphill, Heverin, cessity for the creation-of two committees Horton, Hunsicker, Lawrence, Landis, upon these subjects, and I offer, the Long, M'Allister, M'Camant, M'Clean, amendment in order that the necessity. MacConnell, M'Culloch, MI'Murray, Mac- for their appointment may be explained. \Veagh, Metzger, Niles, Purman, Palmer, It seems to me that the two subjects are iH. W., Palmer, G. W., Patterson, (Alle- so involved that there is no necessity for gheny,) Patterson, (Lancastcr,) Porter, two committees to considerthem, but that Pughe, Reynolds, S. H., Read, (Philadel- the same committee might consider the phia,) Reed, (Mifflin,) Ross, Runk, Rus- subjects of Counties, Townships and Borsell, Sharpe, Smith, (Berks,) Smith, oughs and their Officers. (Lancaster,) Stanton, Stewart, Struthers, Mr. MANNI.- Mr. President: I suppose Temple, White, (Indiana,) White, David all of these committees are of very great N., Wherry, White, J. W. F., Worrell importance, so that it is hardly worth and Meredith, President —79. while to say so of this one. But if gentleA AY S. men will recollect for a moment they will discover that the Committee on'MAessrs. Armstrong, Bartholomew, Ba- Counties, Townships and Boroughs will ker, iddle, Boyd, l3roomall, Campbell, have enough to do without having this Corbett, Church, Clark, Craig, Davis, Dal- other subject referred to them. I think las, Darlington, Ellis, Finney, Freeze, it is a great dealbetter to have two small Gowen, ~Gibson, Guthrie, Hay, Hopkins, -committees than to have one large one. Howard, KaMine, Lamberton, Lilly, Lear, It seems to me that there is as much unMann, Mantor, Minor, Mott, Newlin, Par- easiness and as much anxiety for some sons, Patton, Purviance, (Alleheny,) Pur- this question of county and n --. — 1/,Lreform on this question of county and viance, (Butler,) Reynolds, Jas. L ke, township officers as on any other one Smith, (Allegheny,j Simpson, Turrell, thing. It is a question of very great imWalkler, mWoodwarld, (Wetherill, (Phila- portance. Now the evils complained of cdelphia,) Wetherill (Schuylkill) and are to be remedied, and a committee to Wright-46. -; which that subject is specially referred So the question was determined in tile callbetter dischage that duty than if affirlative. they have the other questions growing The division as amended was then agreed out of counties and townships thernselves, to.. For chat reason I hope the sub-division The sixth division was read, as follows: will remain as the committee have left it. "One Committee,to consist of five'mem- They gave this subject considerable atbers, upon Impeachment and Removal tention, and I believe it was the unanifrom Office. mous sentiment of the committee that The division was agreed to. this subject ought to be divided. 4 60 DEBATES OF THE Mr. CLARK. Although a member of valent in Pennsylvania by which they inthe committee, I feel inclined to sustain variably levy the full amount of -taxation. this amendment. Whilst in the commit- Then, without the right to collect, they tee I expressed that desire, and I shall run the township in debt to five or six now support the amendment, although I times that amount, -ind then bring suits; ASined the report of the committee. It against the township to have it colletted, seems to me that the organization of and pass acts of the Legislature to allow townships, boroughs and counties, and them to do so. For the good government the duties of the officers, are so intimately of the State of PIFennsylvania I think it is blended that they would be better con- as important that the duties and powers sidered by one committee. For that rea- of this body of officers should be as well son I shall support the amendment, and defined and as carefully guarded as those think it recommends itself to the consid- of the Legislature. And I believe when. eration of the Convention. -The commit- this committee will have laid before it; tee, it may be observed, consists of nine the vast amount of testimony and docupersons, and I think that nine persons, mrentary evidence in order to show the taking the whole subject into considera- state of affairs in the Commonwealth, the tionr would do more towards reconciling committee of nine on the subject of Counthe present difficulties in the organization ty, Township and Borough Offices will of townships and the duties of the officeras have as much to do as any other committhan if the subjects were considered tee recommenrlded for adoption. separately. Mr. MACVEAGH. ~Ar. President: I Mr. HARRY WHITE. Mr. President: I confess I have heard no reason why one was also a member of the committee, and committee is not able to dispose of this in conitinuation of what my friend from matter satisfactorily, having the entire Potter (Mr. Mann) has so well said, I will subject of Counties, Townships and Borremind the Convention that almost every oughs before them; it is not a subject of subject here is nearly cognate with the magnificent proportions, it seems to me, other. Now, of course, the organization why they would not be better able to proof boroughs and townships, and borough vide for it, even from the gentleman's and township officers, are nearly allied, own stand-point, than two'committees; but certainly they are distinct subjects one endeavoring to determine what offiand divisible. What is contemplated by cers should be -appointed, and the otherto the Committee on Counties and Boroughs determine the limitation of the duties of is the organization of counties and bor- officers when appointed. It seems to me oughs, the defining of their boundaries that work is work to be done by one comnand kindred subjects. That, you will ob- mittee. serve, is entirely distinct and separate Mr. MANN. It seems to me very plain, from the election of the different borough'for it is conceded that one subject referred. and township officers. This distinction to is of very great importance, that the obtained in the'committee, and that is the other one of how many counties shall be reason' why-two committees were sugges- formed, how many new counties, how led.. I hope it will so remain. many new townships and boroughs, is of Mr. GOwEN. Mr. President: My own importance enough to be referred to a experience in Pennsylvania for the last committee. This matter of creating new five or six years is that there is more ras- counties has heretofore created great exeaflity and absolute thievery among coun- citement. For years a single effort has ty boi;ough and -township officers than the been before the Legislature to create a ninited stealings upon every other subject new county. I can remember, in one or in the' State of Pennsylvania together.- I two instances, where a single effort to erespeak now of certain:counties in this State ate a new county has been before the Legwhere thie annual taxation is from seven islature year after year, and has created, I to eight per cent'. on the valuation, and'think, great demoralization in that comwhere from two to three per cent. goes munity. And I do think that question is into the township and borough expenses, of vast importance to the welfare of the and the rest into the pockets of theofii- people of Pennsylvafnia. How many new cers. Theseborough and township officers counties are to be formed? On what conhavethe power of taxation. It is a power ditions? How many new townships are of taxation which, of course, in a great to be formed, and on what conditions? miany cases, in nearly all cases, is limited Why I cannot see how it is possible that to a certain per cent. But a system is pre- any member of this Convention can doubt CONSTITIUTIONAL CONVENTION 51 the importance-of this question. The other "One Committee, to consist of five memone that we have discussed, as to officers, bers, upon Militia." is equally important. - If you are to con- The division was agreed to. solidate these two committ6es I. would The thirteenth division was read, as folhave no objection if you do not consoli- lows: date, the whole of them. I can see as " One Committee, to consist of nine memmuch reason for consolidating any of the bers, upon Public and Municipal Debts other committees as these two. 1 hope, and Sinking Funds." therefore, the amendment willnot prevail The division was agreed to, -Mr. KAINE. Mr. President: I think The fourteenth division was read, as both these committees are exceedingly follows: important. The Committee on Counties, "' One Committee, to consist of seven Townships and Boroughs embraces the members, upon State Institutions and formation of new counties, of new town- Buildings. ships and of new boroughs. There is The division was agreed to. nothing upon the statute books of Penn- The fifteenth division was read, as folsylvania that is more confusing at this lows: day than the laws upon the subj ect of the " One Committee, to consist of seven organization of boroughs, and there is members, upon Religious and Charitable nothing scarcely that is giving the courts Corporations and Societies." more trouble and more difficulty. It is a The division was agreed to.. matter of very serious importance, and The sixteenth division was read, as folcertainly worthy the consideration of a lows: committee of itself, while the subject of "One Committee, to consist of eleven county, township and borough officers is members, upon Railroads and Foreign of more importance to the people than Corporations." any other single question that will come Mr. BAER moved to amend, by striking before this Convention. Various proposi- out the word "eleven," and inserting in tions have-been madein regard to reform- lieu thereof the word " fifteen," ing the organization of the counties so far Mr. MACVEAGH moved to amend the as the board of county commissioners is amendment, by striking out the words concerned. The same may be carried out "foreign corporations," and inserting in in the townships, where everything be- lieu thereof the words "railroads and gins. It' seems to me proper that we canals." should commence with the township offi- Mr. WOODwARD. Mr. President: I uncers -in the townships, and with the bor- derstood that "foreign corporations" ough officers in the boroughs. I hope the was put in for the purpose of including amendment Will nbt prevail, but that both those railroad companies in other States coimlittees will be adopted as reported who are connected with those of this by the committee. State, and doing business in this State. Mr. TEMPLE. I would like to ask Perhaps the words " foreign corporawhether there is a separate committee for tions" are not well chosen as referring to the county and city of Philadelphia, or that class, but it is a very important sub-' whether this committee will apply to the ject, for you well know that we are surwhole State?' rounded by States whose corporations are Mr. NEWLIN. There is no separate com- running their cars through our State and mittee for the Cityof Philadelphia. There exercising their franchises in our Comis one' general Committee for Cities and nionwealth, and it is a subject which cerCity Charters tainly merits the attention of this ConvenMr. TEMPLE. ThenI am in favor of the tion. This word " foreign" was intended amendment. to reach that class of people. I do not The amendment was not agreed to. believe the word was well chosen, beThe division was then agreed to. cause, strictly speaking, they are not forThe eleventh division was read, as fol- eign; they are domestic in a national lows: sense, but foreign in a State sense. I f One Committee, to consist of nine mem- hope mry friend will not insist upon strikbers, upon County, Township and Bor- ing it out. ough Officers." Mr. MAcVEAGR. Mr. President:'I The division was agreed to. don't see the necessity of the language at The twelfth division was read, as fol- all. A Committee on Railroads certainlv lows: includes all railroads that have the righ': 52' DEBATES OF THE of passage through this Slate. Tile entire "One Committee, consisting of nine subject of railroads is embraced, and the- members, upon Private Corporations." language is not limited. I have no ob- Mr. MACVEAGIH moved to amend, by jection to adding any words Judge Wood- striking out the word "nine," and. insertward may suggest. I think the word ing in lieu thereof the word "fifteen,"and "railroads " comprehends everything. to add after the word "corporations" the The, whole is greater than any of its parts. words "foreign and domestic, except rail-. Mr. WOODWARD. There might be some roads and canals, and religious and char-~ doubt about the meaning of the commit- itable corporations." tee unless the word "foreign be in- Mr. NE\YLIN. Mr. President: I desire serted. to say a single word at this time. It is Mr.. GOWEN. Mr. President: I hope usual for the chairman of a committee the House will not forget that there are a having charge of a report firom that comgreat number of other foreign corpora- mittee to answer the various obj ections in tions besides railroads doing business in part that are made against the rep6rt. I. this State, and it is very important that have refrained so far- from troubling the some constitutional restriction should be' House with any remarks upon this subimposed upon the Legislature, with refer- ject as far as developed, for the reason that ence to dealing with such bodies. Gen-, the very sensible'and apparent reason tlemen will bear in mind that there is a. given by the gentleman from Chester (Mr. Committee on Private Corporations, in Darlington) applies to nearly all the addition to this one on Railroads and amendments which have been adoped, Foreign Corporations. Had there been' namely: That as the report was originally no Committee on' Railroads and Foreign made it would require over two hundred. Corporations, the Committee on Private committee men, and therefore a number Corporitions would have had jurisdiction' of gentlemen would have to serve on two of all these subjects. First, it was sug- or more committees. As the House has gested that one large Committee on Pri- from time to time increased that number vate Corpolrations should take cognizance the objection increases with it; and it was of all these subjects, but it was considered very carefully considered in the committee that the question of railroads and foreign: and almost unaniinously agreedito —in fact, coi'porations was of such importance that I understood at the time quite unanimousa special committee of eleven was' sug-' ly Agreed to —that the committees were as gested. If we increase the duties of that large as it was safe to make them; that is cominittee, and add canals and turnpikes, to say, if a gentleman was on one, two,. and matters of that kind, it will leave but three or four committees.he would be apt little business for the C'ommittee on Pri- to. give his divided attention to them, and. vate Corporations to attend to. in that mrnanner the advantage of his MrP. SImrsoN. Mr. President: It seems thought upon any one specified subject to me it would be better to take the divi- would be lost to the Convention. That' sion of the vote upon the amendment of objection, it seems to me, applies to all the gentleman from Dauphin (Mr. Mac- these amendments, and, particularly to Veagh.) Railroads and canals are inti- this one. illately blended and connected together MR. T. H. B. PATTERSON moved to in their business. There.shouldbe a com-' amend the amendment, by adding the mittee especially on railroads and canals, words "and taxation." foreign and domestic, and theh tlet the Mr. MACVEAGGI. I hope that amendsubjec'Us of mining companies, turnpike ment will not be adopted, unless some colpanies,- and so forth, go to the Private light can be thrown upon it. The subj eet Corporations:Committee, where they be- does not seem to me to be germane. long.'That would simplify matters. The amendment to the amendment wis The question was first taken on'the not agreed to. amendment to increase the number of tie The amendment offered by Mr. Mac committee to fifteen, which was agreed to., Veagh was then agreed to, and the diviMr.,.:MAcYE.AG1I then, modified his sion as amended was agreed to. amendment s3 as to read-" railroads and The eighteenth division was read, as cinals, foreign and domestic," which was follows: agr3-ed.to, and the division as amended "One Committee, to consist of nine was agreed to. members, upon Declaration of Rights." The seventeenth division was read, as Mr. HARRY WHITE., Mr. President: On follows: this question, in connection with some CONSTITUTIONAL CONVENTION. 53 menibers of the committee, I dissented the people by their votes had ratified this from the report of the majority of the provision, I take it that it would have committee for this reasbn: In the act of been binding upon the Convention. At the Legislature calling this Convention least it would be a matter that would together, in section four, you will observe commend itself to our serious considerathe following provision: tion as to whether we should consider it at "And prov'ied fartlher, That nothing all or not. But when the Legislature herein contained shall authorize the said passed an act submitting the question to Convention to change the language, or to the people whether the Convention should alter in any manner the seVeral provisions assemble or not for the purpose of amendof the ninth article of the present Con- ing the Constitution of the State, and that stitution, commonly known as the Decla- question was submitted to the people, the ration of Rights, but the same shall be -only remaining business for the Legislaexempted,from the powers given to said ture to do was to provide the means necesConvention, and shall be and remain in- sary for the assembling and organization violate forever." of this Convention. Look at it. If the Right here, Mr. President, I will remark Legislature had the power to say, "you that I will not enter into controversy with shall not touch the article upon the Deany gentlemhan as to the fact whether, if -claration of Rights," the Legislature had this.Convention does take upon itself the the power to say, "you shall not touch duty of changing that Declaration of the judiciary article." If they had the Rights, -and submits that change to the power to say, "you shall not touch these.eople and the people'endorse that change, two articles," they had power to say,, but what that would be a proper change "you shall not touch but one article of of the Constitution. I will not enter into the Constitution," and thus nullify the any controversy on that subject whatever. formal j udgment of the people. I will say, however, that inasmuch as the I regard the expressed opinion of the act of Assembly calling this Convention Legislature with very great respect. The specifies certain things, and prohibits cer- Bill of Rights was a matter of slow growth; tamin things, this among the others, it is im- it had its origin in times of trouble in other.proper for this Convention to disregard cotuntries; it is a matter of mature and this act of Assembly and interfere with gradual growth, and as it now stands it is this provision thus excepted. I will re- a matter of gleat veneration. I think mark,'furthermore, and it is not bad there can be no intention to place irrevetaste to s'ay,' that I was a member of the renthafitds upon the Bill of Rights, as it Legislature which passed this act of As- stands in our Constitution; but as we adsembly. Well do I remember the occa- vance may it not be possible, in this cension when this particular amendment was tury, that there have been other matters offered. Not a dissenting vote was givenf discovered that may be added to this Deagainst this provision. Well do I reniemr- claration of Rights? And, ifso discovered, ber the action of the committee of confer- certainly I think it would be our duty to ence upon this subject. No question was consider them and add them. I say, once raised about the propriety of this provi- for all, the Legislature has no power to sion.' The people have elected their dele- bind this Convention to not consider any gates with reference to this provision in article. But in the appointment of this this act, and I for one feel bound to obey committee it does not positively comnit the directions of the act of Assembly, and this Convention to any alteration of the am opposed to committing ourselves by Bill of Rights. I am therefore most posithe appointment of a Committee on the tively in favor of the appointment of a.,J)e9ra.ration Rights, in disregard of this comlnittee, and most positively do I asfeature of ithe act of Assemnbly. Tlhis is sert and maintain at all times, that the the reason for my dissent. Legislature has no power to circumscribe'Mr. ELrJI. Mr. President: The- power the powers of this Convention. The Legwhich has invoked this Convention began, islature to assemble in January next have, I believe, with the Legislature. The act just as much power to circumscribe our wvas passed ini the session of 1871, submit- duties, and define'them, as the last Legisting the question to a vote of the people, lature. I say they have no power at all to whether a Convention should assemble for interfere with our duties; we are answerathe purpose for which we are here assem- ble only to the people who sent us here, bled. If this provision -ow mentionred and our work is to be'submitted to them, htad been inserted in the original act,;lnd aind to no other tribunal. 54 DEBATES OF THE Mr. D. W. PATTERSON. Mr. President: that act of Assembly, is a Convention of I merely wish to state that if this Con- limited powers, only authorized to provention authorized this committee,' and I pose amendments to the Constitution, should be a member of that committee, and not to make a new Constitution, as is I would vote, through my veneration of provided in the act of 1872. If that be the that Bill of Rights, to report back to this case, then the Legislature had the right to Convention that it was. inexpedient to al- limit the action of this Convention in reter one word of it. Those are my present gard to the amendments to the Constitusentiments.. But I hope this committee tion; they had a right to except from our will be appointed, notwithstanding, in or- considerationthe Bill of Rights. And, beder that this Convention may assert its lieving as I did upon that subject, I sovereign rights. I do not believe that entered my dissent from the majority of the Legislature of this State can legiti- the comnmittee in reporting a resolution mately, constitutionally, or in anly way, that a committee be appointed upon the circumscribe the action of this Conven- subject of the Ieclaration of Rights. I tion. I.believe -that is the very gen-. hope it will be voted down. eral opinion of this Convention, and for Mr. SIMPSON. Mr. Presicent: I am that reason only do I wish to lay these not willing, so far as I am concerned, that gentle hands upon it, and appoint a com- there shall be a cross taken faorom a It,'"' or nlittee upon that subject, and for that rea- a dot removed from an "i," in the Declason alone will I vote for this committee. ration of the Bill of Rights, as it now' Mr. KAINE. Mr. President: It seems ~stands in our Constitution But when I by the report of the committee of fifteen, reflect that this Convention is called into which was laid upon the table this morn- being by a vote of the citizens of this ing, that I am one of the members who Commonwealth,. and that we represent dissented firom that portion of the report thosee citizens and the people of this appointing a committee upon the Bill of Commonwealth here upon this floor, and Rights. It has been said here in this de- in Convention assembled, I deny the bate that the Legislature had no power to right of the Legislature, equally the creacontrol the action of this Convention; ture of the people with ourselves, to that this Convention, having been ordered attempt to limit this Convention in any by a vote of the people, its power over the way from doing what they see proper for Constitution is unlimited and beyond con- the inteYest andwelfare of those we repretrol, except by a vote of the people upon serlt. This Convention was authorized, the subsequent ratification of the amend- not by an act of Assembly,. but by the inents we make for their considerationr. will of the people of this Commonwealth, I apprehend that is a mistake. The act expressed at the ballot box, in which of Assembly, which was passed in 1872, they declared their desire to have a, Conregulating the election of namembers of this *vention to amend and revise the ConstituConvention, and providing their duties, I tion, or present an entire new one, and think did more than one thing that they when that was determined, it remained~ were not authorized to do by the original simply for the Legislature to determine act of the Legislaturle which aiuthorized where, and when, and how the. delegates the call of a Convention. INow, sir, the should be elected to represent the people act of 1871, which I hold in my hanc —"'Al in this Convention, and that was their act to authorize a popular.vote upon the sole and only duty. They had no right question of calling a Convention to amend to restrict the sovereign power of the the Constitution:of Pennsylvania''-that people thus conferlred upon them by the is the foundation of the authority of this Constitution itself. You cannot find in Convention over the Constitution. I read that instrument any authority conferred a portion of the first section: upon the Legislature to attempt to control "'"That the.question of calling a Conven- the action of a Convention called by the tion to amend the Constitution of this people to represent them upon any matCommonwealth be submitted to a vote of ter in which they may have an interest. the people at the general election to be For that reason alone I shall vote for the held on the second Tuesday of October appointment of this committee, trusting next." that the Convention will regard the wishes It was to be a Convention for the pur- of the people by leaving the Bill of Rights pose of proposing amendments to the stand as it does; but I shall vote that way Constitution, and not a Convention of un- for the purpose of asserting the right of -limited powers. This, I take it, under this Convention torepresent the people of CONSTITUTIONAL CONVENTION. 55 Penllnsylvania untrammelled by any re- by the grantee upon the terms and with strictionsimposed upon them by the Leg- the limitations which are expressed in islature. the grant)-and. that when _the LegislaMr. Do]DD. Mair. President: There is ture declared that we should be a Conanother view of the question that I would vention for the purpose of considering not submit briefly to the Convention. Sup- the whole Constitution, but a certain part pose the Legislature have the right they of it only, the power was withheld from have claimed, what is to prevent the ap, us to consider anything else. They had pointment of this committee? This the right to mark out the line of our amendment would simply prohibit us power. This principle was asserted in from changing the language or altering in Rhode Island on the one side, and a maany manner the present provisions of the jority of the people, nevertheless, stampelinth ariticle of the Constitution. I do ded and ran across it and disregarded it, not believe that this Convention desires and the consequence was civil war. It to change it; but it may be that they de- was disregarded by two parties in Kansas, sire to add something.; but that is not each of them claiming to be the majority, probable, and a committee should be ap- each of them acting separately, one sitting pointed for that purpose if for no other. in one part of the State and the other sitMr. J. S.. BLACIK. ~MrI. Presilden~t: ~N ting in another part of the State, and the diy in this Convention seerms to desire consequence was a conflict which extend-.. to make any alteration whatever in any ed all over the Union. Any l who part of the ninth article, but to leave it will read Mr. WVebster's argument will precisely as it is. We are all willing to understand, not only that this is the sound lalnake the governmnent of the State as f- principle in theory, but that any transcient as we Wcan, consistently avith the gression of it will lead to serious conseliberties of the people. No one desires to quences. I do not say that I have verV go any further; but a committee is pro- "much hope that this view of the case will posed to take into consideration the Bill of be adopted by the Convention, becauseit'Rights, simply as an assertion, and the concerns a qestion of our own power, oblject is avowed as an asseition of the and it is luman nature that whenever we right of this Convention to do what they get power into our hands ave hold on to it please, inconsistently with the act of As- vith as tight a grip as we can. But I submit to members of the Convention sembly under hich we are organizeds of the Convention and elected. On the other hand, there vhether we are not taking a little too are those in the Convention who believe much upon ourselves when we say we are that the power to amend and alter the omnipotent, and can do with this Constigovernment of a State must be in accord- tution just as we please, without any reantce with the rules that are laid down for ferenme to the law which delegated this that purpose by the existing goyernment; power to us. that althlough there be a majority of the Mr. ARMSTRONG. Mr. President: I appeople in favor of a change, of an altera- prehend that the discussion upon this tion which may consist of taking away subj ect has taken a wider range than the the fundamental rights of the minority, question which is row before the House. they cannot do it except in the way as The question which we are considering is prescribed by existing-law passedunder whether a committee shall -be appointed. and in pursuance of thl.. —.Constitution It by no means involves the question which is now in force; that is, those peo- whether that committee shall chano e the ple who are the majority cannot just go Bill of Rights, or whether, if they should to work and count themselves, and say: recommend it, this Convention would "iVe are so many thousands and so many adopt their suggestion; but the very dehundreds, and you are so many less than bate which has already been had uponthe we are, and therefore we are going to question sufficiently indicatesthat there change the government altogether and is a wide diversity of opinion upon this take away froin you the rights that the subject.: When the various matters suggovernment has established for the pur- gested, and. resolutions or amendments pose of protecting and securing you." I which may or may not be submitted to therefore believe that the Legislature, this House, have-once come ilto its cuswhen it delegated its power-(if this tody, what shall be done with theln? Is power had not been delegated by the there any other committee to which such Legislature we would not have had it, resolutions should be referred? None, I and all delegated power must be' accepted apprehend. Then we would have sug 56a:~DEBATES OF THE gestiows mrade by respectable gentlemen of the powers of that- Cbnventlion, by upon this floor, entertaining opinilns what construction are we to say that our which they have a right' tc entertain,; and lx)nwers are le~ss than theirs? In adtdition, Ano proper ooniruitt.'to which thley coulG'shall it be saicd. that in a, Convention, combe refered. posed of the distingtished talent' cf this Now it seems to rine th.at nc_,gltitlemal State, assembled here, and representing upon this floor is conlsnitted to any opint- so lalgely the profession of the law', shall ion whatever upo1n the miain queion' -by it be: said in years after this that this Convoting to constitu' eaeomiittee who hall vention failed to lay its hand upon the take into respeettful consideratiodnm wha:t- Bill of Rights because t;here. was a limitaever suggestions i enlbers upon this floor tion of power expressed in the law which may entertain 7u pon that quesion; but,, if authborized the Convention? Nor could it had rea hed legitimlatey tb a widerdis- any weight of argumnent resist the concluCussion t this time, and involv eci the sion that we avoided the sabject because quekstio whietherthe oLegislature coutldor we paid deference to the expressed limTicould not limit tlhe powers ofthisConven- tation of the act. I dissent from such a tion, I app]rehend that still theeomnmittee conclu~sion. ought to be ap1ointecl. MAy fliernd firom And more than that. By the appointYork (Mvr. yBlacrk) - ~swugog gs tltat wee ment of this conmmittee we do no violence shaould bonrro the ordinalr y meode pre- -to the expressed terms of the act ncler;cribed by the Con,4itution itself. Now which we assemble. it is providled in the, the Constitution of Penn'yvan-ia pre- foutrth section of that act "*that nothing' scribes no mode in which the origani law herein contained shall authtorize the saidc can be hanged, yve only tlat tie Legis- Convention to change, the language or to latu.re, by two successive sessiolbrs, and by alter in any manner the several provithe approval of the people by a subs'e sionls of the ninth article of the present qtuent vote, may aggesti aunendnientt Constitution, comnmonly kn own as the which, being adopted, shiall become a I)eelaration of Rights? part of the Constitution. But there is an- Now; sir, suppoe we aeinit t1hat there other -node of changing the ftundclentalI is a limitation imposed which slall prelaw, and it is when thepeople have deter{- vent our alteration, il letter; or otherwvise, mined to submit theirentile Contitutionr of any part of the Bill of Rightsestablishet in whole or in part, to the judgment of a, there? Are the gentlemen of this Con — convention called as thishas been called. vention prepared to say that there are eno If' it be -legitimate for the Legislatuzre to other rights to be recognized as the long limit the -'iroer of the C'onvetion, and hope of years, which itwaouldc not be right, vay that it-shall not deal with the entire and proper for this C'onvention to insert question, it wouldl be in -the power of a as an addition to the Bill of Rights, not by corraupt Legis~latre to withhold the most limitationl of that whichl already exists, fIundamentma questions of amendment, bat by adding that which the experience firom consideration by the Convention. I of the State for years might require us to; apprehend that po such power exists, and put into such a bill, as an add acitional seitis well known that theeat which author- curity of the liberties of the people? ized the Convention of 1790 had an ex- Now, Mr.' President, without detaining press provision bry which the work of that the Convention with a discussion at Convention was to be submitted to the length, I beg leave simply to recall to people for their app roval, and -yet the tlhe minds of the Convention that the work of that Convention never was sb- questiora upon which we am now called imitted to the people, and the Supreme to vote is simply whether we shall proCourt held, many years sinees that it be- vide for a committee, whLich shall recame the C-onstitution of the State of' spectfully receive and considicl the sugPennsylvania by the act of the Convention gestions of those upon this floor who have alone, and without, the ratification of the suggestions to mlake. people. Now if the Supreme Court of vr. DARWINGCON. Mr. Prcsident: I our own State has already pronounced wish to ask thle attention of the Cofnventhat. the Legislature which authorized the tion for a single nmoment. to express my Conventlion of 1790 had no power to limit disapprobation of the idea. thrown out by the powers of that Conventioni and that my friend Judge Black. This, sir, is a. cecision stands still as the authoritative Convention of delegates elected by the expression of;the highest courts of this people of Pennsylvania for the purpose of State. If that stands as the construction revising oi considering whether there is CONSTITUTIONAL CONVENTION. 57.anything to revise in the Constitution. Is tion or addition to the Bill of Rights; but there any instance on record in this or should it appear to the wisdom of this any other State of the thing —a convention Convention proper to have other guards to revise and adjust a part of,the Consti- thrown around our rights, it is not within tution? Was-such an idea ever heard of, the power of the Legislature to prevent it. that a convention of the people, brought ~1Why should the Legislature assume to together under whatever forms of law or themselves to say that they have all the without the forms of law, to revise and wisdom that exists, and that they can consider the propriety of a change of their foresee that it is imnpossible that any other fundamental law, that they were or can rights are necessary to be defined, save be limited by any power to the considera- those that have been defined? TWhere tion of any portion of the Constitution? I did they get the information that nothing know.of no such'instance. It would be a else could possibly be inserted inthat Bill strange- spectacle for a Legislature any- of Rights? It is heresy, Mr. -President, where to say to the people of Pennsylva- from first to last, to concede, foran instant, nia, or any other State, "you may assem- that the Legislature that provided the ble a convention to revise such a portion machinery to call together this Convention of the Constitution, but you shall not have any power to impose terms upon its touch such other portion." A conven- action. tion, sir, in its very idea is a convention TM'r. D. W. PATTERSON. Mr. President: with ample. powers to consider every I would like to ask the honorable meemquestion which it is proper to consider, or ber from York one questioni in the way propose a new Constitution or amend the of explanation. - I would like to ask hin old, as in their judgment should seem whether he considers the Rhode Island right, and confined to no part of it. case —the Dorr rebellion case-a parallel Whence, let me ask, did the Legislature case to the one before us? I think that derive. the power to fix limits to the pow- case arose in this way.- The organic law ers of this Convention? Who instructed of Rhode Island, circumscribed saffrage, them to tell us that "there are certain and in altering or making the new. Constithings which you shall not handle?" tution in a particular way they refused to ~Where do they derive that power? It is cer-,act, and the people, without such action tainly not expressed. I suppose this body of by the Legislature, undertook to make a gentlemen is composed ofa large represen- Constitution,- which the Supreme CoUrt tation of the legal profession, and, without decided was not right, because not made meaning to include myself, embraces a in consistency with the organic law of the.large body of the best legal talent of the State. I merely wish to ask my friend if State. - Suppose in our wisdom we should he considers that a parallel case with ours deem it best to establish or recommend now pending? the establishment of a court with a sepa- Mr. J. S. BLACK. The people of Rhode rate chancery jurisdiction, who is it that Island claimed the power which the genauthorized the Legislature to say that we tleman from Chester (Mr. Darlingtol) shall not do it? In doing that they fix claims for us, of acting in the form of a the limits and the powers and functions Convention without any reference to the of the —Convention. - of theConvention. Legislature, in which the supreme power Again, if such power be granted to the of the State was embodied. It was held Legislature -which I do not admit-a by everybody who ever had anything to subsequent Legislature might remove do with the case, who is any authority such restriction. A Convention having upon the subject, that thatwas an error. been assembled under and subject to re- Afterwards- a Convention was called by strictions by a past Legislature, certainly the Legislature, and they acted in pursuit would be within the power of the Legis- ance of law, kept themselves within prolature that is to come to remove those re- per limits, and their action was deterstrictions. Wvere they now in session mnined to be right, and it was riht. they migh4t clain the right to remove this I only want to say now that we are restriction, and possibly claim the right not a revolutionary body, but a body to make-others. It is for the purpose of that is acting under and in pursuance settling this question as to the power on of law. Suppose the Legislature had. the -part of the Legislature to limit the seen proper to say that we should not powers of the Convention that I ask that assemble at all, or -that we should make this question be considered here. i I do no amendments to the Constitution-that not now propose any amendment or altera- the Constitution should stand just as it is; 58 DEBATES OF THE then the question is, whether we could, from the fact that must be recognized in defiance of that mandate, assemble that there is a large majority in this ourselves together in Convention, repre- House in favor of preserving the Bill of senting, as we do, the whole people of the Rights intact, will have hlothing to do in Commonwealth, and against the will of the future with deciding this question. the people, and against the authority of We will do nothing then to violate the the organized government now existing, provision of the Legislature if that view proceed to alter the body of it. I say we is correct. On the one hand, I might say, could not do that. That would be revo- assuming the Legislature to be correctlutionary. Where do we get the power? which I don't believe-the legislative Where does it come from? Nobody will prohibition is simply that we shall not deny that we are sitting here in pursuance alter or impair; it does not provide that' of certain acts of the Legislature-the two we shall not add to it. If there is an adacts of the Legislature-one which' first dition to be made, there must necessarily authorized a vote by the people upon the be a committee to whom all suggestions question, and the other one which author- must be referred. On the other hand, if, ized the election of delegates to the Con- at this stage of the proceedings, this Convention. If we derive our power from vention, after this debate, refuses to apthat source, is it possible that we can take point a committee upon that subject, it it without the limitations that were im- will, in all future time, be considered that posed upon it by those who created it? I the Legislature had the right to impose don't think that question can be answered that restriction. in any but one way. I have heard it remarked in Harrisburg Mr. GOWEN. Air. President: When I lately, and very gravely asserted, it is a find myself upon the other side of a ques- matter of very great moment that this Contion from Judge -Black I am apt to con- vention is composed ofone hundred lawsider that I am very much in the wrong, yers and thirty-three honest men. [Laughand therefore start out with a feeling of ter.] I have no'doubt that that opinion will, reluctance upon the subject. I desire, in the course of time, come to be ti'adihowever, to say this: We must always tional as the cotemporaneous judgment bear in mind that this Convention was of the character of this Convention. If,. in called by the people to amend the Con- fifty years hence,'it shall be said that a stitution before the legislative power Convention containing one hundred lawwas invoked to prescribe the method by yers had, at the outset, refused'simply to which we should assemiblc. If the act of appoint a committee for fear they might Assembly upon which the people voted trespass upon this prohibition, it will be at the time the,Convention was called regarded as a precedent, and I think together prescribed that the delegates many errors will creep into our State should lay no irreverent hand upon the hereafter. If the Legislature had the Bill of Rights, the several irguments I right to impose this prohibition, have have heard here to-day would be entirely they not a right to remove it? If the Legapplicable to the case. It must be borne islature that meets this wviter has the in mind that the first act which was sub- right to remove it,'don't it necessarily mitted to the people contained no re- follow that that Legislature has the right strictions upon our power, and the people to impose additional restrictions? decided that delegates should be elected Mr. J. S. BLACK. Not after the power to amend the Constitution. They then has been granted. delegated to the Legislature the power, Mlr. GOWEN. There are two parties to which they necessarily must possess, to the contract. If it is to be considered exdecide in what manner we should be pedient to grant a power coupled with a called together, and the Legislature has condition against its exercise, does not laid upon us two restrictions-one that the party that granted that power have we shall not touch the Bill of Rights, the the right to relieve you from'the condiother that we shall not constitute any tion, necessarily? It therefore must folcourt having separate chancery powers. low that if the Legislature of last year had The motion before the Convention is to the right to impose this restriction, the appoint a Committee upon the Declaration Legislature of this year must have the of Rights. The point I make is.this: That right either to remove it or. substitute if the gentlemen who take the side of another. If the Legislature of last winter Judge Black in this controversy are cor- had the right to say that we shall not rect, the appointment of that committee, make a chancery court of separate juris CONSTITUTIONAL CONVENTION. 59 diction, the Legislature that meets this down before legislative enactments'every winter has the right to say that we shall day. suggest no amendment to the Constitu- We are assured from all quarters that tion which infringes upon the method of there is no disposition to interfere with passing bills in the Legislature. Where this Bill of Rights; that it is entirely safe is the difference? Where can be the dis- from any desecration at our hands; we tinction? If the Legislature has the right are not going to do it any harm. -But we to impose a restriction upon one it has the are pot allowed to add to it; we are not right.to impose a restriction upon all. It allowed to do anything with it, because cannot be that the power of the Legisla- this all-powerful Legislature says it shall ture expires when the Legislature ad- remain inviolate forever. This is the last journs. iNo legislative power, under any time in the world that I should think the constitutional form of government, has a Legislature would pass such a law. right to pass a law in derogation of a Mr. M'CLEAN. Mr. President: The right of a subsequent Legislature. Convention for a moment seems to have There is nothing to be lost by those who forgotten a provision in this Bill of Rights. oppose the view I take by appointing this The 26th section of this ninth article itself committee-nothing whatever.' It is un- provides that: doubtedly the fact that the great majority ", To guard against transgressions of of this Convention is in favor of reporting the high powers which we have delegaupon the Bill of Rights as it stands, and I ted, WE DECLARE that everything in this would be willing to offer a resolution that article is excepted out of the general powthe committee shall be so instructed-not ers of government, and shall forever rethat they should not add. I do not offer main inviolate." the resolution; but I think that is the I submit that the Legislature did not sentiment of the large majority of the assume authority which they had no right members. Nothing can, therefore, be lost to assume when they inserted this proviby those who take the opposite view; sion of the fourth section of their act of whereas, it is a very grave concession to Assembly-that it was under the aube asked at the very threshold of the ses- thority of the Constitution of Pennsylvasion to put upon record our belief that the nia itself. Legislature has this power. I agree fully with the gentleman from MAX1. W. H. SMITH. Mr. President: I York (Judge Black) that we have no right am glad to find that the lawyers who have to appoint a committee upon this Bill of spoken upon this subject, seem to take Rights. The Legislature did not assume the view that the Legislature has not this to take it out of the power of this Convenpower. I could not pretend to inform tion, but acted under the Constitution of them as to the powers of the Legislatures the State —under that Constitution which -whether one may do a thing, and the was framed by the assistance of the venotlher undo it. Whether the power we erable gentleman from Chester, (Mr. Darhave is from the first act or the second. lington,) who has asked where the LegisBut there is one thing which has not been lature derived the authority. The coInmentioned, and that is the absurdity of mand of the Constitution, under which passing a law which they say shall be in- we assemble to-day, is that we shall not violate for ever. For instance, if the Leg- interfere in any manner with this'Bill of isla'ture should pass an iniquitous. law, Rights. For this reason I am opposed to declaring at the end, as they do in this, any committee upon this subject. that it should be inviolate forever, would Mr. BAER. Mr. President: I am as not that be absurd? Now, we are either much in favor of preserving the Bill of equal or superior, it; is alleged, to any Rights inviolate as any gentleman, but Legislature, and the last Legislature pre- from all the rights I have up. to this sumes to say to us that the law laid down time, I shall be compelled to vote for a to us shall be inviolate forever. I do not committee, and I do- so because I believe wish to be disrespectful to any Legisla- that all power is inherent in the people, lature, but I do think that is an absurd and that the Legislature, when they unprovision. To add that certainly does not dertook to restrict by limitation the action give the act anyforce. Of course I do not of this Convention, assumed a power speak as a lawyer, but we all know that which they' had not; because if we, in there is no law that cannot be repealed, contravention of that restriction, and limiThe oldest customs of the country go tation undertake, notwithstanding, to o0 DEBATES OF T;HE amend or alter this Bill of Rights, then if mitting to the people the power to decide, they.were supreme in their action, our without restriction of any kind, and action would be void. If, however, we the people voted "yea," in the forms of submit, as we must, the action of this law, and at the instain6e of legislative anbody after we do so act in contravention of thority, that a Constitutional Convention that action, to the people of the State, should assemble and take into considerand they by their votes ratify what we ation all the features of the organic la'w. do, that action must be supreme, and the That included the right to consider it from Legislative act- is thereby proved to first to last, and to submit such. ahendhave beeni- without authority. They ments as in its wisdom it saw proper, to cannot both be suprere,'and stand in the decision of the people once more, and conflict. I shall, therefore, vote for a any subsequent action of the Legislature, committee. in attempting to limit that authentic exMr. MAcVYEAGI. Mr. President: I trust pression of the popular will is in itself deto be allowed a momnent to disclaim the rogatory; is in itself illegal and without insintation that there is something neces- warrant of law. sarily sacred and not to be touched by Mr. CASSIDY moved that when the'Conhuman hands, in this Bill of Rights. For vention adjourns it will adjourn to meet my part I am of opinion that there are at this afternoon at half-past three o'clock. least twosubjects Worthy of consideration; The motion was ruled out of order. whether they will receive it at the hands Mr. GIBsoN. Mr. President: I did not of this Convention I know not, but they intend to take part in this discussion, but are subjects which are not settled as as- asmyintention was, and stillremainsto sumed to be settled here. One is as to the vote. in opposition to the views of my dismethods of procedure -in civil jurisdic, tinguished colleague, (Mr. J. S. Black,) I tion-the necessity of a trial by an anglo- ask permission to give my reason for dosaxon jury; the other is the absolute mn- ing so, and it will be given in one word, munity of a defendant in a criminal cause taken from the very act of Assembly itfrom aninterrogatory. Skilled jurists of self Theactsays: the highest reputation on the continent of Europe have settled both propositions ad-, sssembled versely to the manner settled. here. But and organized, shall have power to prowhatever may t e ouer final judgmh ent- pose to the citizens of'this Commonwealth, and'upon that I express no opinion'-they for their approval or, rejection, a new Constitution or amendments to the present are two instances of the important questions included in this Bill of Rights which ole, or specific amendments, to be voted some member mlay have studied so as to for separately." form upon them an intelligent opinion, There are two grants. I understand that may enable this Convention to arrive this body, in all its movements, to have at an intelligent- conclusion upon them.' accepted the larger grant, and determined Therefore, I do not desire to be con- to form a new Constitution; and if this sidered as conceding that this Bill of committee -is appointed I will consider Rights is to remain precisely as it is now- that a ratification of that view, and that written; but I am unable to see any dif- their intention is to make a new Constituference between the position of gentlemen tion. My distinguished colleague, in one who vote for this'committee and the prin- of his arguments, said that we must take ciples of the gentleman from York, (Mr. a grant, with all its reservations. But is'J. S. Black.) Of his reverence'for law I there not another principle of-law-that entertrin no doubt, and desire to give to you cannot make an absolute grant and that principle my fullest allegience, but I then restrict it?,You cannot make a apprehend that this Convention is pro- deed in fee simple and then say the party ceeding ccording to law, simply for the shall not sell. Although the Legislature reason stated so clearly by Mr. Gowen, has put in several provisos there in regard that the Convention was called undeir the to the ninth article of the Constitution sanction of a legislative act submitted to and the chancery powvers, these may be the people without limitations, It was an very well considered if only amendments act-under the Bill of Rights itself, which were to be proposed. But I submit that; reserves to the people the right of chang- assuming to make a new Constitution, ing their form of government, and re- and accepting the larger grant, the Conforming and alteringit.'Under that prin- vention cannot be restricted by anything ciple the Legislature enacted the law sub- the Legislature have done. CON STITUTIONAL CONVENTION. 61 Mi1r. M['ALLISTER. MAr. President: I do Rights- as it stands, which might not, not at this stage of this debat6, desire to undl.er some circumstances, be properly occupy time unnecessarily, and my re- subjected to change or alteration in this minaiks will be very brief and simply to Convention. Permit me to say that I amn give the reason for the vote I shall give. by n(o means in flivor of abolishingr or reI lay -no claim to omnipotence; I lay no szricting, to any injulious *extent, the claim. to sovereignty. Sovereignty does right of trial by jury; but as to certain not reside here; sovereignty is invisi ble, provisions rega rding that right, that quesand resides in those who sent us here. tion many properly be presented to this There is no sovereignty in the Legisla- Convention and diuly considered. Thereture; we are both representatives of the fore I do not wish to be included in the people. The Legislature were restricted coancessions made by some gentlemen that by:the organic law, and therefore were x-.-hile they ask for this colmmittee they not sovereign. We are brought here un- are prepairecd at once to shut up that cornmdera law enacted by that Legislature, and mittee and confine them to reporting that so far as its provisions affected our quali- Bill of lights j ust in the for11 i7n which it fications, they are binding upon us.; They standcs it the present time. I do not wish prescribed an oath and we took it they to be unders'tood that I amn comnmitting prescribed other forms under which we nm self to'my material change of the rigl-ht were elected, and we conceded their right. of trial by jury, and I wish it to be disBut after we are qualified to stand here as tinely understood that I am opposed to the:representatives of the people to estab- the esta:llishTnenlt of any distinct courts lish an organic law, what we deny is the of chancery, but at the sanme tie I do right of the Legislature, or any otherbody think that there may. be very proper alupon the face of this earth, to say wbat terations as to that matter which will we shall do or what we shall not do. ~We leave it in the power of parties to submit deny their power after we are full fledged their cases to the court without the interand in operation here, and are attempting vention of a jury, if they think proper to to be the representatives of the people for do:u;. For that reason I shall vote for the the accomplishment of an important ob- appitent of the commiittee. ject. It is not to impose an organic law On the question, will the Convention upon them against their will, but it is to agree to the division providing for a Cornsubmit to them such alterations as we may - ittee on -Declaration of Rights? see proper to make for their considera- rhe yeas and nays were required by tion. Mr. Kaine and Mr. Simpson; and, were, as Now, gentlemen on the other side seem follow, viz: to concede that if we do alter the ninth article, and do submit it to the people, and they approve of it, it will be a part of their - Messrs. Armnstrong, Ainey, Alricks, AdConstitution. Why, surely it will; and clicks, Achenbach, Bartholomew, Baer, that very concession takes away the argu- Bailey, (Huntingdon,) Baily, (Perry,) ment that the Legislature is sovereign. ]Baker, Bannan, Beebe, Biddle, Black, [Cries of "question, question."] (Greene,) Brodhead, Broomall, Brown, Mr. COCHRAN. Mr. President: Oile_ Barclay, Curtin, Canmpbell, Corbett, Carey, moment before the vote is taken, althoulgh Carter, Cassidy, Church, Cochran, Collins, I do not want to impose remarks upon Corson, Craig,'Curry, Davis, Dinmick,.an unwilling body. I wish merely to Dodd, Dallas, Darlington, De France, say in regard to-the first proposition as to Dunning, Ellis, Edwards, Ewing, Fell, the power of the Convention, that after Finney, Fulton, Gowen, Gibson, Gilpin, the first act and the agreement of the peo- Guthrie, Hanna,, HIay, Hazzard, Heverin, ple that the Convention should be called. hIopkins, Horton, Howard, Hunsicker, I hold that the Legislature had no power Lamberton, Lilly, Landis, Lear, M'Allisexcept that which was modal and iminis- ter, M'Camuant, lMacConnell, M'Culloch, terial to provide for the meeting of this MacVeagh, Mann, M5antor, Metzger, MiConvention; and when they had done nor, Newlin, Puranan, Palmer, H. W., that their power was exhausted. Palmer, G. W., Parsons, Patterson, (AlI wish tQ0say just one word more, and legheny,) Patterson, (Lancaster,) Patton, that is this: That I am not prepared, like Porter, Pughe, Purviance, (Allegheny,) the gentleman from Dauphin, at this time Purviance, (Butlel;) Reynolds, James L., to concede the proposition that there is no Reynolds, S. H., Read, (Philadelphla,) line nor word norsyllable in the Bill of Reed, (Mifflin,) Rooke, Ross, Runk, 62 DEBATES OF THE Russell, Smith, (Allegheny,) Sharpe, RESIGNATION. Simpson, Smith, (Berks,) Smith, (Lan. eMr. GOWVEN presented the resignation caster,) Stanton, Stewart, Struthers, of John G. Freeze asa member of the Cnof John G. Freeze asa member of the ConTemple, Walker, White, David N., Temple, Walker, White, David N., vention, and moved that it be accepted Woodward, Wetherill, (Philadelphia,) referre to the fo Wetherill, (Schuylkill,) Wherry, White, and referred to the fourteen delegates at J. W. F., Worrell and Meredith, President-106. the Governor to fill the vacancy. NA Y S. The motion was agreed to. Mr. HARRY WHITE moved that the Messrs. Andrews, Black, (York,) Bow- Convention do now adjourn. man, Boyd, Clark, Elliott, Freeze, Hall, Hemphill, Kaine, Lawrence, Long, M'- The motion was agreed to, and the Clean, M'Murray, Mott, Niles, Turrell, President adjourned the Convention unWhite (Indiana) and Wright-18. til to-morrow morning at ten o'clock. So the question was determined in the affirmative. CONSTITUTIONALCONVENSTITUTIONAL CONENTION. 63 FOURTH DAY. FRIDAY, November 15, 1872. tions of acts of Assemlbly of Pennsylvania, -,The C/onvention met at ten o'clock Ai. passed since January 1,1857, granting any corporate powers to any railroad compaAl., pursuant to adjournment, the Presihnies, coal companies or companies authordent, William TAI. Meredith, in the Chair. ized to purchase, lease or hold land withPRAYEPR. in the Commonwealth of Pennsylvania, with references to the pages of the pamphPrayer was offered by Rev. Dr., Keellet laws containing the same. ing, of the Episcopal Church, Harrisburg, a On the question, will the Convention. as follows: Father hAlmi~lghty, we thank Thee for proceed to the second reading and considoration of the resolution? all Thy mercies, especially for the dawn eraton of the resolution all Thy merci s, especially for the da~n It was determined in the negative. of Thy returning day. Help us, we be- as determined in the negative. seech Thee, to be grateful for its bless- uSE OF LIBRARIES TENDERED. ings, and obedient to its demands and Mr. DALLAS presented the following duties. Hallow, with Thy presence, the communications, which were read: proceedings and debates of this Conven- GEO. M. DALLAS, ESq.: tion, and endow its members with all DEAR Si:-I received your note of the requisite wisdom for the discharge of the 9th inst., and beg to say that the library duties resting upon them, and: enable of the Law association will be at the serthemn to rise, we beseech Thee, to high vice of the delegates to the Constitutional and lofty stn:dpoints of duty; give them Convention, should they meet in Philaknowledge and statesmanlike views of delphia. the relations of our social and civil life, I write this as librarian, and also with and grant that they may bring their facul- the approval of Mr. Henry Wharton, a ties of mind and body to an honest, con- member of the committee. scientious discharge of their duties; that Very truly yours, they may promote the best interests of G. T. BISPHAM. the people of this Commonwealth, and PHILADELPHIA, Nov. 11, 1872. advance upon.the earth the glory of Thy LIBRARY CO. OF PH4ILADELPHIA. great name; through Jesus Christ, our Fifth St. below Chestnut. Great Redeemer-Amen. PHILADELPHIA, N2ov. 12, 1872. DEAR SIR: —I am authorized to offer to the members of the Constitutional ConMr. BROOMALL offered the following vention, should it adjourn to this city, the resolution, which was twice read and use of the collection of this and the Loadopted. ganian library. Resolved, That the Convention will ad- Very respectfully, journ to-day at one o'clock, to meet on LLOYD P. SMITHE, Wed~nesday next at ten A. M. Librarian. lDR~AWI~NG FOlR~,~SEATS. IHon, GEO. M. DALLAS. The communications were laid on the Mr. BaooMALL offered the following table' resolution, which was twice read and Mr. DALLAS ofiered the following, Resolved, That when this Convention which was twice read and agreed to: imeets in the hall provided by the city of Philadelphia the members shall select appointed to confer with the councils of their seats by drawing for the same in the the city of Philadelphia in relation to the usual mnode. Selection and' arrangement -of a hall for the use of the Convention. CORPORATE POWERS OF COAL AND RAILr CORPORTE POWERS OF COL AND RAI Mr. DALLAS requested that his name ROAD COMPANIES. should not be inserted as chairman. Resolved, That the Secretary of the The President appointed as the comnCommonwealth be requested to furnish mittee Messrs. Addicks, Dallas, Stanton, to the Convention a list of all acts or see- Boyd and Worrell. 64 DEBATES OF THE REPORTING THE PROCEEDINGS. Mr. MACVEAG.m Mr. President: itrust that gentlemen in favor of this motion will' Mr. CORSON offered the following resonot force this matter upon the Convention lution, which was twice read: at this time. I speak for myself that it Resolzedl, Thcat ~t~he Convention now takes me entirely by surprise, and I anm proceed to the election of a stenographer, very sure that there are gentlelen upon skilled in the practice of short-hand writ- the committee of fifteen, now executing ing, and experienced in the reporting of the Convention, ho have the proceedings of deliberative bodies, who decided opinions upon the subject, and shall be styled " the official reporter of who ought at least to have the privilege the Convention." Said reporter shall the Convention." Said reporter f voting upon it. I had supposed that employ his own assistants, and shall be the Convention woul e upon itself to the Convention' would take upon itself to solely responsible for the proper and accu- decide as beten two thods of reportdecide as between two methods of report. rate performance of his and their duties, ing the debates. In the first place there and he shall receive such compensation are gentlemen upon the committee of f ias may be hereafter fixed by the Conven- op inteen, I know, who entertain an opinion, tion. which is shared by many memnbers of the Mr. D. N. WHITE. - Mr. President: I Convention, that there is no necessity for rise to move that this be postponed and this phonographic reporting of the debates made the order of the day on Wednesday of the Convention; and in the next place next. The reason; sir, is this: W6Te are not any attempt now to settle the question yet through with the standing commit- and vote for a candidate who has evidently tees. We are adjourning over to give the secured the votes of a certain number of President time to arrange these commit- members, is to launch into expenses withtees, and if we go on with this business out limit. No salary is fixed. In all the this morning, we shall not get through, other matters of this Convention we proand our object in adjourning over will ceeded by first designating what officers fail.' I move that the resolution be post- we would have-not that any officer might poned, and made the order of the day for employ what assistants he wanted at will. Wednesday of next week. The gentleman from Washington (Mr. Mr. TEM:PLE. Mr. President: I hope Hopkins) warned usthat thatwould beunthis motion to postpone will not prevail, safe, and that the Convention must deterfor -the reason that we have been proceed- mine how any assistants it -ould have; ing here for several days, without any and it seemed to be universally conceded person being particularly authorized by by everybody that it was wise that we the -Convention to take the proceedings. should first fix the remuneration, or at The Secretary of the Commonwealth has least allow gentlemen to bidifor this work. designated certain gentlemen to perform Whi not havecompetition for it? Above that duty, who, I have no doubt,- will all whyvv not decide whether the entire perform that duty to the best of their thing should be done by one contract, and ability,, and competently. But there are whether it would be thus done more'co-. a number of gentlemen here seeking that noinically, or whether it would be better position, and it strikes me we ought to to do it in this way? proceed at this time to the election of a This motion seems to me elntirely imperson to perform that duty, and I be- proper, and seems to be sprung upon the lieve it oughlt -to be'done by the Conven- Convention in the absence of a large comntibn as now assembled, so that every mittee, and it can lead to nothing but a member can express by their ballots their very large expenditure of money. I trust preference for some person to' fill that po- the subject will be refel'red to a commitsition. I cannot see why gentlemlen tee to consider and report. If the mover shQuld wish to postpone this until of thisresolution will so amend the resoWednesday, because the Convention will lution as to ask for a'committee to conthen be occupied in other business. siderthis matter, Iwillagree to it. There Another reason why this position should are several gentleenll here, I understand, be. filled at this time, is that all the rest of who desire this appointment. I do not the officers of the Convention have been know what their relative merits may be; sworn in, and it struck me that this po- I am not prepared to vote now upon that sition should -have-been filled at the time question; but I do think the Convention the other offices were filled. There ought to decide first whether it will adopt seems to be a general desire to have this this method of reporting its debates; question acted upon this morning.'second, if it adopt this method, whether CONSTITUTIONAL CONVENTION. 65 it will elect a stenogPrapher without fixing such time as we can make ourselves famiila salary, and give him power to employ iar with it. assistants. If you adopt this method, one Mr. WOODWARD. Mr. President: Inovre great evil will be a quarrel between the that this resolution be referred to the comreporters and printers all the time, and rmittee of fifteen on Rules; and being up, nlobody will be responsible. It is import- I will say that it seems to me we are ant; it seems to me, that some limitation not prepared at present to meet this quesshould be fixed, and something should be tion. -No doubt we will have to meet it definitely determined by this Convention, at some time. We are not in possession before we are dragged into a sudden nomi- of information just now to consider it. I nation and election of a stenographer. I offered yesterday a resolution calling upon therefore sincerely trust that the gentle- the Auditor General for a statement of man who moved it will give us an oppor- the amount of money taken out of the tunity to consider it fairly, or.else that the Treasury of the Commonwealth for the resolution will be postponed for the pres- reporting, printing, binding and transporent. The Secretary of the Commonwealth tation of the debates of the last Convenhas designated competent gentlemen, who tion, including postage. Of course we areperformingtheduty withfidelity. Cer- have not yet received any response to tailly two or three days will make no that resolution, but I trust in a few days difference; and there are several gentle- we will have a report from the Auditor men who will say what I say, that they General upon this subject, and then we are not now prepared to consider the ques- will be in condition to form some opinion tion. As a large committee are absent, I about the cost of reporting the debates of think grounds are laid for a postpone- this body. One thing is certain-that it ment. will cost more now to report the debates Mr. MANTOR. Mr. President: I am not than in 1837, and unless I am greatly misprepared this morning to vote intelli- taken it will be found that the expense in gently upon this resolution. In fact, I do 1837 was enormous. I am not able now not think we have come to that point to conjecture as to the aggregate amount, where we can tamper with the finances of but I think it would far outgo the expectathe Commonwealth in this way. I am not tions of any gentleman upon this floor. aware what it will cost to report the De- Whatever we find that expense to have bates of this Convention, neither am I been, we will at least have to double it in aware what is.to be reported for the Con- the estimate of the expenses of the work vention; whether we are to have full re- we are about to enter upon. Like Frankports of all the speeches that are to be lin's story of the whistle, there has been made, or whether we are only to report a proper inquiry as to what we will get the Journal form of the Convention. for our money. Suppose it should turn Different States have taken different views out that the expense of reporting the deof this matter. I am in favor of laying bates of 1837 was $100,000, which I think this question over until -next week, for is much below the fact, then we should one at least, until I can look further into infer that the expense of reporting the the matter. There are two or three meth- debates of this body would be $200,000. ods in which this matter can be brought What do we propose to get for that?'What before this Convention, that will, I think, is the value of the seventeen volumes'of prove satisfactory to every gentleman debates we have now rotting upon our here. One would be to employ reporters- shelves? What would they bring in the and fix upon the price; another to allow market? I don't believe they would the-'printers to have the reporting and bring ~1,000. I don't believe there ever printing, and all these matters under their was a time when they would. I am accharge.. I am not aware this morning that quainted with some of the lumber regions we should press this matter too hard, be- of Pennsylvania, but I don't know of any cause there is a good deal to consider, from lumber so worthless as those debates. It the fact of the cost that underlies it. The is very worthless lumber, paid for at an Illinois Convention made a contract for enormous price, and now gentlemen proreporting its debates for so much per pose to repeat this folly. Well, sir, I supthousand ems; the State of New York, pose it will be done, for one loves to see when they had their Convention, con- his name in print. But, sir, it will be tracted with the reporters for so much per done without my vote. I will not vote to page. I consider that it is our duty to lay upon the people of Pennsylvania the look this matter squarely in the face until enormous expenditure that I am sure is 5 G66 ~ ~ I3DEBATES OF THE involved in this proposition, for any good would be the less valuable this work that can come from it. would be when printed, if they do report When the federal Constitution was exactly what we say and as we say it. I adopted we had no proper report of the think you have heard of one malln who the debates. It would have been a great read the Debates of the last Convenition, blessing to the country if we had, but we but he is the only man I ever heard of have- nothing more than scraps furnished who did, and I doubt if anybody will fiom the traditions and incidental history kniow of any gentleman who will read of the country. Those proceedings were our new Debates, especially when you revaluable, because those men were laying fleet upon the size of the Debates of this the, first foundations of republican govern- body. If the reporters set to work to fix ment. Everything relating tothe theory up speeches for gentlemen, I have no of republican government, especially as doubt they will make very good ones; discussed in that Convention, would be of but all this culminates in expense. We great value. But, sir, we are not engaged have got to pay for this whistle, and the in any such work. The foundation of our question is: Is it worth what we have. got government was long since laid, and I - to pay? I do not know how we can judge trust this Convention is not going to over- of that question better than by our past turn and unsettle it. I do not think we experience. are here to discuss political theories and I propose that this resolution be referred abstractions about government. I sup- to the committee of fifteen, and that it be pose we are here to propose such amend- permitted to repose in that committee ments as will correct the abuses that have until Nwe hear from the Auditor General. grown up under our existing Constitution. The PRESIDENT. The motion to refer Those do not involve any great principles, is not in order, unless the motion to postsuch as were in the federal Constitution. pone is withdrawn. From the very nature of those questions Mr. D. NT. WHITE withdrew the motion, -it is not proper to discuss them in the to postpone., manner in which public questions some- Mr. WOODWARD then renewed his mnotimes are discussed. tion to refer. What will the people of Pennsylvania Mr. HARRY WHITE. Mr. President: care for what is said upon this floor? The I merely rise to support, in a word, the gentleman from Chester (Mr. Darlington) motion of the gentleman from Philaannounced the other day-which I sup- delphia (Mr. Woodward.) I think the pose he meant to be'a rule foi~ himself- motion he has made is eminently proper. that nothing which has yet been said upon I concur with him in the necessity of this floor was ofany consequeence. Idon't- postponing this matter for the present know that it is. I believe we will bejudged entirely; not possibly for the same reaby our works rather than by our words. I sons, for I believe we should have a rethink the people will pass upon our work, port of our proceedings, but as a matter:and decide to accept or reject the amend-.of expediency,- as a matter of economy, as mnents we agree upon, and that without a practical business matter for the conmuch reference to the philosophical and sideration of this body, of interest not learned reasons given by philosophicaland.only to ourselves but to the people we learned gentlemen for their votes on this represent and are laboring for. It is ernmifloor. But, sir, I do not know of any better nently proper we should make haste instructor in this world than our own expe- slowly in this matter of selecting a rerience; and having had some experience porter. I think it is unfortunate we did in this thing, having expended a very not settle upon a -policy in this respect large sum of money-we do not yet know earlier in the Convention. Now -two or hlow much-for the accumulation of seven- three days have elapsed, and it occurs to teen ydlumes -of worthless matter, I, for me two or three days more may elapse one, am opposed to a repetition of that and then we can settle this matter when tblly. The newspaper press is every- a flood of light has been shed upon this:here, and is everywhere too ready to subject. I know but few gentlemen give to the world everything that is said inll this Convention have stopped only a and done in this and all other deliberative moment to consider the cost that will rebodies. What do we need of a corps of -sult from an incautious contract, or the reporters to make for us the very best re- electing of a reporter or a stenographer psrts of the debates of this body? I-am without first fixing the compensation. afraid the more faithful those reporters The Commonwealth of Pennsylvania has CONSTITUTIONAL CONVENT10.N. 67 had -experience in this matter. It has had been more fortunate in their selecbeen taught a lesson, and I trust that this tion. I disagree totally with the gentleConvention will hesitate and look at the man in regard to the importance of this (experience of the past before it rushes office, and of having a correct report of,leedlessly into the election of a steno- the debates and proceedings of this Congrapler. If, when. your Committee on vention. It seems to me that it wants a Printing and Binding is appointed, this gentlsuman competent to report verbatim question is referred to them, and you what is said. and done here, and that verselect practical printers in this body — biatim reports willprevent the folly which plractical men to deal with this question- my friend from Chester (Mr. Darlington) they will report to this Convention which the other day would prefer the stenois the better way-the separation of the grapher to leave out. He would have a reporting and the printing, or the blend- stenographer, if I understood him ariglht, ng of the reporting and the printing to- not only competent to report, but he gether. In the Illinois Convention they would have one competent to judge Nvwha separated them. They made an exceed- is important and what is uninportant, ingly expensive contract. I discover that and to leave out all the unimportant part. they paid the enormous rate of two No such man can be found in the United dollars and twenty cents per thousand States. There is no man to whom I would ems, with certain liberal amounts to the leave such a question. If men come here reporters for adjournments. Then there to portray their folly in this Convention was a large amount paid in addition for let them be reported and go down to posprinting. Now it occurs to me that in terityasfools. Itisthe recordthey make Pennsylvania we can economize in this for themselves. Now the gentleman asks mnatter, and that we may be able to let what interest have the people in what is some contract blending the printing and said and done here. 1 amn astonished to the reporting together, holding one re- hear any gentleman upon this floor assert sponsible for the faithful performance of that the people are not taking any interthe work. Now, until this Convention is est in our proceedings. satisfied in the premises as to what is best' Ar. WOODWvARD. I beg leave to correct and proper, I am in favor of referring this the gentleman. I said that the people resolution to the committee of fifteen, as would be more likely to j udge us by our noved by the gentleman fromn Phila- deeds-than by our words. delphia Mr. M'ALLISTE{R. How are we to get Mr.M'ALLISTEr..r. President: 1 will at the deeds but by the words that progo as fir as any member of this Conven- duce them? It is the arguments upon tion towards economizing its expendi- the one side and the other by which the, lures; but I will never agree to take the people judge. There is nothing so unmn_ lowest bidder for this work. There are teresting to the people as a Journal certain positions which can be filld by Tlere is nothing so uninteresting to the Hbut few mien, and although there are but people of the State as mere resolutions. few that can fill those positions. there are They do not understand them. But when many applicants for theni. We could cut these resolutions and articles are dls(lown, I suppose, and get a stenographer cussed on the one side or the other, and for a dollar a day, but wie must pay what the reasons which produced them are laid,mlen's services are worth. If we want a before the people, they are enabled ao mran of administrative abilities we must judge, and unless that is done they cango to the thousands and tens of thou.sands. not judge correctly. I have read, with If we want a man of executive ability, to interest, and with deep interest, the prodo ju st what he is told to do, we could ceedings of the Illinois Convention, and it employ him for a very small sumr. Now, is the debates upon the different proposein this matter of reporting, although we tions that have imparted light to my have many reporters, there are but few mind. I could not have formed a correct first-ra.te reporters in the United States. judgment without reading the Debates. I will concede, with the gentleman from And there they were so fortunate as to; Philadelphia, that the debates and pro- have a stenographer who reported every eeedings of the Convention of 1838 were word that was said in that Conventio-n, badly reported. They made a mistake in from the first to the last. It is a correct' selecting the gentleman they called to fill delineation of all that was done there. that position. Those proceedings would For that reason the report of those pro — read with much greater interest if they ceedings is interesting, and those D-batrs 68 DEBATES OF THE are a monument to many gentlemen in fifteen in the first instance; but I think if that Convention, and will transmit their it was referred to a specialcommittee, spnames to generations yet unborn. I hope pointed for this particular purpose, that then, Mr. President, that we will take method of reference would be preferable. such a- course here as will result in the Mr. CONsoN. Mr. Speaker: The resoselection of a competent man-a manl lution I have offered seems to have aroused qualified to do this work and to do it the indignation of a number of gentlemen well. I hope that we shall not connect it of the Convention for fear that the funds with the printing; that we shall not put of the State will be squandered in paying it in the hands of the printer, to take a a phonographer for the Convention. The contract for the printing and reporting, distinguished gentleman at-large (Mr'. and "jew" down his stenographer so as W'oodward). knows that if it had not been to get- an incompetent man. That would for our State reporter we would not have be the result, and it seems to me that had the advantage of the many able opinwould be beneath the dignity of this ions delivered by hinm when he was Chief body. Let us pay for this work what it is Justice of Pennsylvania. Every organworth. I am perfectly willing to refer ized body of this kind requires an official the selection of this stenographer to the reporter, and as the gentleman from CenPresident of this Convention, or to any tre (Mr. M'Allister) so eloquently recommittee he may appoint. I do not marked, this official reporter should be wish to hasten this matter. I have no selected from the most qualified who preparticular individual to whom I would sent themselves for the office. There is commit it if I could. I have in my eye no reason why this officer should not have men who are competent, men who are been selected the very first day. We do not here, and men who are willing to perform want the official, reporter to come in after it and perform it well. All I ask is that the Convention shall have concluded its such a course shall be pursued here as to labors. We want the reporter now; and secure that end, and keep it aloof from I am perfectly willing to accept the modithe power of the printer to select whom fication proposed by some gentlemen here he may and at the lowest price. to refer this to a committee of five or six, or Mir. COoHRAN, Mr. President: I would any other number named by the Chair or merely beg leave to suggest that. it seems any gentleman. I am not tenacious about to-me, on a question of this kind, we are the form or manner. I have no friend to wandering' very far fromu the point in reward, but I do thinkthat every mlember bringing in all these considerations. It of this Convention will agree with me, is simply a question of reference before before many days, that it is absolutely the Convention, and on this question necessary there should be an official reof reference it seems to me we have porter in that position. I listened to the gone into a very large discussion. eloquent remarks of the gentleman from Now, all that I would ask in a matter Lycoming, and in the newspaper reports of this kind would be some little published his name does not appear atall, time and some little preliminary ex- nor a single remark he uttered, although amination by a committee of the Con- we were all charmred and electrified by vention,'with regard to the proper his eloquence. Now I am not tenacious method by which this matter should be of the form. If somine gentleman willmove provided for, and the consideration' of that it be referred to a committee of five, that other question, whether it should be or six or seven, to be hamed by the Presileft to private enterprise, if the debates are dent of the Convention, I will cheerfully to be of so much interest, to do this work, accept it; but I do insist upon action at or whether we should make it a part once. A number of gentlemen are here of the official work of the Convention who are competent men, but whose earnitself. Now, I think the reference of this ings depend upon this work, and they are question should be made to this commit- anxious to know who are to be selected tee of fifteen or some other committee. I and who are to be rejected, that they imay cannot, I admit, see the exact propriety of go to work or go home. referring this to the committee of fifteen, The motion to refer to the committee of although a very excellent committee. But fifteen was carried. I do not see that this is pertaining di~'ACANCY FILLED. rectly to the objects for which that coinmnittee was appointed. However, I will Mr. GOWiEN, from the committee to vote for the reference to the committee of whom was referred the resignation of CONSTITUTIONAL CONVENTION. 69 John G. Freeze, a mrember of the Con- be for the consideration of this Conven-. vention froin the Fifteenth Senatorial tion. I hope no motion for the printing district, made a report, which was read of these rules will be made until final as follows: action is taken upon these committees, The undersigned, members at large of because the committee, in their report the Convention, who were voted. for by a this morning, in order to make the whole majority of the same voters who voted proceedings uniform, inserted the comfor and elected said John G. Freeze, do mittees that had been adopted yesterday, hereby fill the vacancy occasioned by his and made them a part and parcel of the resignationby the appointment of Charles report this morning, in order that the R. Buckalew, a citizen ofColuinbia county, whole thing couldc be printed together, as to be a member of the Convention from was done in the Convention of 1837-8. the said Fifteenth Senatorial district. Some of the committees were not adopted (.Signed) *GEO.'VWt. WSTOOPDWARD, yesterday. Wre adjourned upon the conJ. XS. BLACKI, sideration of the proposition to form a A. G. CURTITNU, Committee on the Bill of Rights. Two or three other committees have not been WVM.. J. MITI-I, WMh. H. SMITH, acted upon by the Convention, as well as FRANKLIN B. G~OWEN, the one reported this morning. If those JOHN II. CAMPBELI committees were finally adopted, by the,JAMrPES H. REYNOLDS, unanimous consent of the House, they JAlS. ELILIS,' could be placed in this report, and the S. C.'TI. DODD, whole could be printed together for the GEO. CM. DALLAS accommodati(n of the members of the GEO. M. DALLAS, Convention. WVM. Li. CORBETT, Convetion. WANDREW A. PURMRAB N The PRESIDENT. The Chair will state R. A. LAM.BERTON. that by the adoption of the resolution for printing these rules, the difficulty arises -IHARRISBURIGP, INOV. 15, 1872. of doing anything further on this subject. air. BucRie LEd V appeared and was cluly By unanimous consent of the House, the cqualified. vote on that resolution may be considered RULES FORI GOVERN~M~ENT OF CONVEN- as withdrawn and the subject remain TION. open for amendment. Unanimous consent was refused. Mr. NEWLIN, fiom the C6mrnmittee on Mr. MIACVEAGI: moved to re-consider Rules, made a report, which was read. the vote by which the resolution was [For report see Journal of proceedings.] passed. Mr. NE*WLIN offered the following reso- The notion was agreed to. lution, which was twice read and adopted. The resolution being again before the Resolved, That the foregoing rules, re- Convention, ported front the committee of fifteen, be Mr. LILLY moved to postpone its furthe rules of this Convention until other- ther consideratiol for the present. wvise ordered. Mr. 1(AINE. I move to postpone the Mr. DODD moved thlat therules reported consideration of the question until the forno thie cozrittee of fifteen be pinted, Convention has acted upon the balance of and a copy furnished each member of the The PRESIDENT. If this resolution is Convention on aWedesday next. The llmotion was agreed to. postponed for the present it cannot again be taken up to-day; but if laid on the taMr. KAiNE. Mr. Speaker: I rise to tnakbe i3 suestbon ln rei gaca n taken up.a make a suggestion in regard to that mat- M ir. KIAINwEs. I move, then, that it be ter. This committee of fifteent was- alaid on the table. pointed for.the purpose of reporting what The motion was agreed to. conlmittees are necessary for this Convention, and also to franme rules for its ADDITIONAL RULE. government. The committee were not Mr. ELLIS offered the following resoluable to get through with the whole work tion, which was twice read: in the time allowed by the resolution. Resolved, That the following rule be adThey made a partial report yesterday, ded as another rule to those reported by and a final report this morning. In addi- committee: tion to their report yesterday, they have No. -. The rules of parliamentary pracadded another committee, which will tice,comprised in Jefferson's Manual, shall 70 DEBATES oF THE govern the Convention in all cases in Mr. STEWART moved to add to the which theyvare applicable, and not incon- standing committees "a Committee, of sistent with the stuliding rules a.nd orders five members, on Pardons and the Parof the Convention. doning Power." Laid on the table for one day. The, otion vas not ageed to. STANDING COMTIMITTEES OF THE CONV~N- IMr. KAINE offered the following resoTION., lution, whichvas; twice read: Agreeably to orlder-, the Conventionpo- Iesolvde, That one' thousand copieof ceededco the consideration of tie resoiu- the rules, together with the names of tion r~elating to the adoption of the stand- the committees be printel for the use of ing committees of the Convention.he Convetion. The nineteenth division was read, as Mr WHERRY moved o amen, y add follows: ing "Iand that the order of the rules e. so " One Committee, to consist of five em- arranged that all the standing committees hjer.s~, upon ~FIut-ur~e Amendments."'" be placed under the samnle section and The division was agreed to. zThe twrenrxtieth dcivisio~n was rc ad, M The amrnendment was agreed to, and the. bfollows: resolution as amended was agreed to. - One Committee, to consist of nine LEAVE QF ABSENCE. members, upon Constitutional Sanction." N.1r. MAQVEAOn asked the unanfinous The division was agreed to. Mr. MA asked the unani The twenty-first division was read, as:fllows: Gowen from further attenlanee ulpol the "One Committee, to ehsist of nine Cony ationto-day. Grante. nembher, upon Schedule." PRINTING. The division was agreed to. The twenty-second divis;ion was read Mr. GUTIRIE offered the following resoa|;s fol4low~s:'lution, which was twice read: -'OneG''onnmittee to consist of fivemnlom-. Resoved, That until otherwise orderedc hers, upon Revision and Adjustment." the pinting or the Convention shall be The divisiolnwas agreeld to sexecuted by the present State Printer; Thle twenty-tlhird division ~wa read, under existing laws and contratts with the Commonwealth. "One Committee, to consist of five M. HARRY WRITE. Mr. President: mnemble, upon Accounts and, xpoendi- hope the Convention will not pass a resotures of the Convention." tures of the Conlvention."' lution of that kind without some consialThe divion as agree toation. This question of printing ald The dfivision was agreed to, The twenty-fourth division wa$ rai, reportinghas all been referred this mnreaas follonws: ing. It may be that the State Printer cantb "One Committee, to consist of seven do this work the most economically, still f I hope we will not commit ourselves t(> members, upon Printing and Binding of hope we will not mit our es t the Convention.": that policy by providing for the pritnting The division was agreed to. in a special case. Mr. PuGoiE moved to.add to the stand- Mr.: EwIG. Mr. President: We haw-e ing com-mittees "*aCommittee on Indus- already ordered a considerable amount trial Interests and Labor,' to, consist of of printing to be done by the Convention. nine members. Somebody must do it, and is it not time The motion was agreed to. we should determine by whon it shall be Mr. J. M. WETHERILUL moved to add to done? As I understand from gentlemen the standing com mittees "a Committee who understand legislative business, the on Agriculture, MIining, Manufactures printing business has been one of considand Commuerce, to consist of nine mem- erable difficulty. Further, as I under — bers." stand it, in this State, back in 1856, a genThe motion was agreed to. eral act of Assembly was passed which Mr. NEWLIN moved to add to the stand- provides that notices for proposals for ing committees "a Committee, of nine doing the public printing should he admbenibers, on Revenue and Taxation." vertised, and the method is provided for Mr.. ANDREW REED moved to amend, the opening of these bids-in joint conby adding the. words "and Finance." vention of both Houses of the Legislature, Which was agreed to, andthe motion as and the act declares that all the public amended was agreed to. printing shall be allotted to the lowest CONSTITUTIONAL CONVENTION. 71 bidder. The same act goes on and pro- anything else but business. A large rides for the methods in which it shall amount of that printing is done, and, as I be done, throwing guards around any at- understand it, the bids are lower than tempt that may be made at cheating in any private person can get it done, besettlement. That act has been in force cause it is a contract for three years. ever since, and has, it is alleged, saved While I thinlk the public printer is bound the Commonwealth large amounts of under his contract to do this printing, I money. Some supplements have been also understandthat the State is boundto passed to it, but none changing the section give him the printing under that contract. which provides for tlihe allotment of' the I believe that by acting in accordance public printing once in three years. In with the statute law in this case, we will 1871 a supplement was passed, the last save time for the Convention, we will have section of which provides:;'"That on Tues- our printing done conveniently, and we day,'the fourth day of April next, the will save money to the State and be obeytwo Houses of the Legislature shall meet ing the law. in joint convention, in the hall of the Mr. BOYD moved that the resolution be House of Representatives, and let' the referred to the standing Committee on public printing and binding for three Printing and Binding when appointed. years, from and after the thirtieth day of The motion was not agreed to. June next, according to the provisions of Mr. WEiIRY nrmoved to amend the resothe act of April ninth, eighteen hundred lution, by striking out all'after the word and fifty-six, and its several supplements, "resolved," and inserting in lieu thereof including this act," and so on. I find, on the following: reference to the proceedings of the House "That the Secretary of this Convention and Senate, that, on the fourth day of be authorized to furnish each nnemnber and April, 1871, in public session of the two officer' of the Convention three printed Houses, the bidswere operecl. Proof is copies of the rules adopted." given there of notice having been pub- The amendment was not agreed to. lished for those bids. Quite a number of Mr. COCHRAN. Mr. Presideilt: I conbids were put in, and then and there the fess I do not like this provision of the public printing was allotted for three resolution that this printing shall be done years froin the thirtieth of June, 1871. by the State Printer under his present That act is in force, and under that act I contract. I am one of those who do not take it all the public printing for the admit that we have anything to do with State is to be cdone. I take it that we have that contract as members of this Convena right to send our printing to the public vention. I do not care where this printing printer, whol has entered into that contract, is done, but I want to keep the Conven-'and iha given bonds for the faithful per- tion from being committed. I would prefoirmance of his duties. And if he should fer that the printing should be done unrefuse to do so, he would be liable and der the direction of the President of this his bondsmen would be liable also. body. I move to amend, by striking out I understand fromn gentlemen who are that part which provides that the printing Iacquainted- with the subject that that shall be done by the State Printer, and incontract is a fair one, that it is at a low sert "under the orders of the President of price for the printing, and I think that this Convention." now is just as good a time to determine it The anmendment was not agreed to. as any other, and that we should deter- Mr. J. P. WETHERILL. Mr. President: mine it. I know that it is said by some I do hope that we will be emtremely careful that this Convention is supreme, that it is how we authorize any officer of the State to superior to all law. Bnt I take it that do printing for us, when there is no inthere are some things we cannot do. MWe; mediate necessity therefor. Inasmnuch as'cannot appropriate money, or, if we do, it the only printilng required by this Conwill be like calling spirits from the vasty vention is the printing of two hundred deep. We hatehere a public act that has and fifty or five hundred copies of the guards thrown around it in the matter of rules just adopted, and inasmuch as it is printing to prevent any peculation in the likely that when we mleet next Weclnespublic printing. We have a plrovision day we will only be in session a day or which directs that all public printing for two, and then adjourn solely and purely three years shall be done by the State for committee work, and that work may Printer to whom it is allotted. It is a bu- occupy the attention of the committees siness matter, not a matter of politics, or for weeks, and inasmuch as we have signi 72 DEBATES OF THE fled our intention not meet after that ad- Mr. LITTLETON moved that the whole journment until some time next year, it subject be laid on the table. does seem to me there is no immediate The motion was agreed to. necessity of our acting upon this resolu- ACCOUNTTS AND EXPENSES. tion and authorizing any printing whatever. Let us be extremely careful, in all y' - I lowing resolution, which was read: measures looking to the expenditure of Reslo esl That the Committee'hon w money by this Convention, that we make R esolved, That the Committee on Achat sloly. I an see ow, simply by counts shall'examine all accounts for expenses, and report upon the'Same to the the printing of a few rolls, costing a few penses, and report uon the same to the dollars, we may e led into path about Convention at least monthly, whether the dollars, we may be led into path about same are proper expenses of the Conventhe cost of -ihieh we know little, and the tion; and if the same ale approved by the end thereof we may regret. Let us keep the our work in our own hands, confined to -Convention they shall be paid as provided by law. our own officers, in charge of our own Laid on te table, under the rules. committees, and then wre can hold some Laid on the table, under the rules. committees, and then we can hold some one under our own control responsible for MEETINGS OF COMMITTEES. our oexpenditures. As this is a, simple 5Mr. JOHiN PRICE WETRHERILL. offered. matter, a matter which we all understand the following resolution, which was read: thoroughly, I do hope we will be careful Resolved, That the committees asnamed lest we be led into a method of expendi- in the report be requested to meet at Harture about which to-day we know nothing. risburg at least once in every week, for Who, in this Convention, knows what the consideration of the subject matter rethis contract is with the State Printer? It ferred to them, until they are prepared to may be high or it may be low; but let us report, and that the chairman of the Comknow what it is; and before we spend mittee on Judiciary shall have power to money let us know exactly the amount call the chairmen of the standing comwe expend and the value we receive. mittees together for consultation. Mr. HiAnY TWHITE moved to amend The Convention refused to proceed to the resolution, by adding the following: the second reading of the resolution. " Provided, Nothing herein shall commit On motion of Mr. KAINE, the President the Convention to giving the future print- adjourned the Convention until WVednesl ing of the Convention to the StatePrinter." day morning next at ten a'clock. CONSTITUTIONAL CONVENTION. 73 FIFTH DAY. WEDNESDAY, Nov. 23) 1872. tingent fund, and:no detailed statement The Convention met at ten o'clock A. filed in the epartlent. Tie comimunication was laid on the A1., pursuant to adjournment, and was table; called to order by the President, WinVm. M. Mieredith. ACCOUNTS AND EXPENDITURES. PRAYER. Mr. J. N. PURVIANCE called up the resolution offered by himself on Friday last. Prayer was offered by Rev. Dr. A. Is. The resolution was read, as follows: rStr3ong, of EHarrisburg, as, follows: Resolved, That the Committee on Ac0, Thou great, eternal, immortal, in- counts shall examine all accounts for exvisible, and only wise God, the Father of penses, and report upon the same to the all love, through whom cometh down Convention at least monthly, whether the every good and every perfect gift, grant same are proper expenses of the ConvenThy presence now to- attend the re-assem- tion; and if the same are approved by the bling of this Convention this day. Give Convention they shall be paid as provided to Thy servants the healthful infiuences of by law. Thy word and Thy spirit, to guide every Mr. J. N. PURVIANCE. Mr. President: thought and every word of the delibera- The law under which we meet makes tions of this assembly this day. W e give no designation of a disbursing officer. It Thee thanks for spared lives and mercies is true it provides that warrants for the thus far. May the great goodness of God, proper expenses of the Convention shall as it passes before us continually, remind be drawn by the President, and counterus of our constant dependence upon Thee, signed by the Chief Clerk, upon the State and our obligations to have the fear of the Treasurer for payment. If we accept the Lord before our eyes, and the love of God letter of the law as expressive of its true in our hearts. Pardon our sins, and save meaning, then this Convention has no us for an everlasting salvation, through financial officer, and all accounts would be Jesus Christ, our Lord and our Redeemer. paid direct by the State Treasurer to the Amen. person entitled to receive them-to the The Journal of Friday last was read and person named in the warrant. Should approved. this be the proper construction of the statute, it is well that the Convention ASSISTANT DOOR-KEEPER QUALIFIED. should so understand it, and in that case Assistant Door-keeper Bentley appeared it would be relieved, though not properly and the President administered the foil so, of all responsibility in the matter. lowing oath: The resolution under consideration was "You do swear by Almighty God, the intended to remedy this apparent defect searcher of all hearts, that you will sup- or omission in the law, and to cast the report the Constitution of the United States, sponsibility where it properly belongsand perform the duties of an officer of this upon the Convention. At present, howConvention with fidelity, and that-as you ever, my purpose is merely to call the atshall answer to God at the great day." tention of the Convention to the subject, COMM3UNICATION FROM THE AUDITOR Rand to elicit such expression and action as GENERAL. may properly settle the matter., Another defect, too, it strikes me, in the A communication from the Auditor law, is that no provision is made for the General was read, giving the cost of the settlement of accounts by the proper acConstitutional Convention of 1836-7. The counting officers of the State-the Audicommunication set forth that the printing tor General and State Treasurer; hence cost $99,523 40; stenographic reporting, $7,- the greater importance of suitable action 751 71; contingencies, $45,901 11. The trans- upon the part of the Convention. The mitting of debates was paid out of the con- resolution was offered in view of an ar 74 DEBATES OF THE rangement at the outset, which would the securing of such reforms as are clearly start the Convention right in regard to the demanded by the general sentiment of financial operations which may properly the people. come before us. On the question, will the Convention The PRESIDENT. The question is upon proceed to the second reading of the resothis rule, which, if adopted, will be con- lution? sidered as one of the rules and printed It was determinded in the negative. with them. PRINTING. The resolution was adopted. Mr. DARLINGTON moved that the clerk OFFICER. TO TARE ICHARGE OF COAT- be directed to procure printed blank yeas ROOM. and nays for the use of the Convention. MIr. M'ALLISTER offered the following The motion was agreed to. resolution, which was read: Mr. HARRY WHITE offered the followResolved, That a suitable person be em- ing resolution, which was read: ployed to take charge of the coat-room Resolved, Thatthe Chief Clerk ishereby during the sitting of the Convention at authorized and directed to have printed, Harrisburg. for the use ofthe Convention, five hundred On the question, will the Convention copies of the rules of the Convention. proceed to the second reading of the reso- Mr. KAINE. There is a resolution upon lution? that subject already upon -the table. A division was called for, and it was de- On the question, will the Convention termined in the affirmative-41-40. proceed to the second reading of the resoThe resolution was again read. lution? Mr. ALRICKS moved to amend, by It was determined in the negative. striking out the words "a suitable per- RESIGNATIONS. son," and inserting in lieu thereof the Mr. BOWMAN offered the following resowords "the Assistant Door-keeper. lutio, which was read: lution, which was read: The amendment wYas agreed to, and the Resolved, That hereafter this Convention resolution, as amended, was adopted. will not accept the resignation of any PURDON'S DIGEST. member unless the same shall be accomMr. LAN-DIS offered the following eso- panied with good and sufficient reasons lution, which was r*ead: t therefor, the sufficiency of such reasons to lution, which was read:. Resolved, That the Secretary of the be determined by the Convention. Commonwealth be requested to furnish to On the question, will the Convention the Convention, for the use of tlhe rlem- lpproceed to the second reading of the resolution? be1rs, six copies of Purdon's Digest. It was determlined ih the negative. On the question, will the Convention proceed to the second reading of the reso- USE OF HIALL IN PHILADELPIIIA BY THE lutiol? CONVENTION. -It was determined in the negative. Mr. ADDICKS, from the committee apMr. LANDIS. I would like to inquire pointed to confer with the councils of where I can examine a copy of Purdon's Philadelphia in relation to the selection Digest?, and arrangement of a hall for the use of:lr. DARLINGTON. In the library. the Convention after January 1, 1873, Mr. LANDIS. I inquired for it this made a report, which was read: morning, and could find none there. [See Journal.] Mr. KAINE. The gentleman can buy The report was laid on the table. one in Philadelphia. one in Philadelphia. REPORTING AND PRINTING. Mr. LANDIS. I am certainly not expected to do that. Mr. NEWLIN, from the committee of fifteen, to whom was referred the resoluINSTIRUCTION'S TO COMBMITTEES. tion relating to the reporting of the prolMIr. MAN-NN offered the following resolu- ceedings of the Convention, made a retion, which was read: port, which was read as follows: Resolved, That it is the sense of this "'That in their opinion it is expedient Convention that the committees, in pre- that the proceedings and debates of the paring their reports on the several sub- Convention be reported. They therefore jects submitted to them, should -adhere as report the following resolution, with the closely to the text of the present Consti- recommendation that it be adopted by tution of the State is as compatible with the Convention: CONSTITUTIONAL CONVENTION. 75 Resolved, That the standing Committtee of a stenographer. As I understand it the on Accounts and Expenditures be di- question before the House is upon the rected to report what is the proper adoption of the resolution reported by the amount of compensation to be paid to a committee. If that resolution is amended, stenographer and his assistants, and that by striking *out all after the word "reupon such a report being made and solved," and inserting that it is inexpeadopted by the Convention the President dient to print the debates of the Convenbe authorized to appoint a stenographer, tion, effect will be that the report of the who shall be styled the official reporter the committee is this: "Your commitof the Convention; said reporter shall tee report that it is expedient that the employ his own assistants, and shall be proceedings and debates of the Convention solely responsible for the accurate per- be reported, and they therefore submit a forinance of his and their duties. resolution, to wit: That it is not expediJAMES W. M. NEWLIN, ent that the debates of this Convention be G. Y. LAWRENCE, reported." I therefore suggest that the.J.. GUTHRIE, amendmnent is not pertinent to the resoSAM'L A. PURVIANCE, lution, but will come up when the report D. KAINE, of the committee itself is before the House. SILAS M. CLARK, The PRESIDENT ruled that the report of W,. H. ARMSTRONG, the committee was not before the ConWILLIAM J. TURRELL, vention. The only thing before the ConWILLIAM DARLIzNGTON, vention wasthe resolution, and the amendF. B. GOVVEN. ment was in order. On motion of Mr. NEWLIN, the resolu- Mr. FUNcI. Mr. President: Would it tion was read a second time. not be desirable to have some sort of estiThePRESIDENT. Bythatresolutionthe mate of the expenses of these reports duty of appointing a stenographer de- before a vote is taken upon this resolnvolves upon the Chair. There are a great tion? I have no doubt a great many many applicants for the position, and members will vote for the reporting of there may be a great difference in their the debates if it is not too expensive, and qualifications. The Chair would suggest I would like to know what the probable that it would be a special favor to himself cost will be before I can vote intelligently not to have so burdensome a duty cast upon the question. I would therefore upon him, but that it might be performed move that the consideration of this resoby the Committee on Accounts, or some lution be postponed, and that a commitcommittee designated by the Convention. tee be appointed to determine the probaMr. ALRICKS. I appreciate the remarks ble expense of reporting the proceedings. of the President, and in order to relieve I move to postpone the further considerahim of any embarrassment I move to tion of the resolution until to-morrow amend thle resolution, by striking out the morning. words "President be authorized to ap- The motion was not agreed to. point," and insert the words "the Conven- Mr. I-HARRY WHIITE. In this connec-; tion will now proceed to elect." tion I submit. the following amendment The amendment was ruled out of order. to the amendment: Mr.-DARLINGTON moved to amend the "That this resolution be referred to the resdlution; by striking out all after the Committee to be appointed on Printing word, "resolved," and inserting in lieu and Binding, with authority to report a thereof the following: contract for the reporting and printing of "That it is not expedient that the de- the proceedings of the Convention, such bates of this Convention be reported." contract to be subject to the action of the Mr. GowEN. Mr. President: I rise to Convention." suggest to the gentleman that as the ques- The PRESIDENT. That is not an amend. tion now stands before the Convention his ment. That is a motion to commit. amendment is not in order. The commit- Mr. HARRY WHITE. The Convention tee does not report to the House any reso- will understand that the motion which I lution on the expense of reporting any have just made is -a motion to refer this debates. It simply reports that it is the whole subject to the action of the standopinion of the comnmittee that they should ing Committee on Printing and Binding, * be ieported. In addition to that the com- to be appointed by the Chair. It occurs rnittee did report one resolution, and that to me, in that connection, that it is emiresolution is relative to the appointment nently proper that action of this kind shall 76 DEBATES OF THE be had. There is certainly a great want decide that they will, then will ill join with of information among the members of my friend from Indiana, or any other this Convention, myself included, as to gentleman, in perfecting theedetails. what is the proper compensation.for the Mr. HIARRY WHITE TI ithdrew his Imoreporting of the proceedings of this body. tion for the present. It seems to be the sense of the majority The question recurred on the amendof this body that the reporting and print- ment offered by Mr. Darlington to ing shall be kept separate and distinct.f strike out all after the word "resolved," I don't knowr whether that is the case or and insert the words: " That it is not exnot, but it seems to me that is the sense pedient that the debatesg of this Convenof the majority. If that is so, it occurs to tionl be reported." me that we should proceed about this On the question, will the Convention matter aswe would dispose of any private agree so to amend? business transaction. The idea I had in' The yeas and nays were required by view was to allow thle Committee on Mr. Cochran and Mr. J. P. Wetherill, and Printing and Binding to receive bids were as follow, viz: from experienced parties upon the subject of reporting, and let them exercise Y their wisest discretion in the acceptance Messrs. Ainey, Andrews, Achenbach, of bids from the best parties-from the Bartholomew, Baer, Baily, (Perry,) Baker, parties most responsible-and to make a Beebe, Brodhead, Broomall, Curtin, Corcontract with those parties-that is, allthe bett, Carter, Church, Cochran, Collins, forms of a contract-and submit that con- Davis, Dimrmick, Darlington, Edwards, tract to_ this Convention for its action. Hanna, Harvey, -azzard, Heverin, HorThat is the course that was pursued by ton, Lamberton, Lawrence, Landis, Litthe Convention of the State of Illinois and tleton, Long, M'Ctulloch,.LM'lfurray,1Mann, somne other States; that was not the course MBetzger, Patton, Porter, Purviance, (Allepursued by the Convention of the State gheny,) Purviance, (Butler,) Runk, Rusof New York, and the result was that sell, Sharpe, Smith, (Berks,) Stewart, much odium was brought upon the pro- Struthers, Turrell, TWalker, White, David ceedings of that Convention, because of N., Woodward, Wetherill, (Philadelphia,) this want of business precaution at the ~Wright and Meredith, President-51. threshold. Furthermore, this Committee on Printing and Binding will also have NAYS. jurisdiction of the subject of the printing Messrs. Armstrong, Alricks, Addicks, of our proceedings, and they may invite Bailey, (Huntingdon,) Bardsley, Bowupon the subject of printing the largest man, Boyd, Buckalew, Campbell, Cassicompetition possible, and when they sub- dy, Clark, Corson, Cronmiller, Curry, mit their report, which they will do at anl Dodd, Dallas, De France, Dunning, Ellis, early day, this Convention can dispose-of' Elliott, Ewing, Fulton, -Funck, Gowen, it in a business way. Gibson, G-uthrie, Hall, Hay, Hemphill, MR. DARLINOTON. Mr. President: Here Howard, Hunsicker, Kaine, M'Allister, is a proposition for -a particular mode of M'Camant, M'Clean, MacConnell, Macreporting the proceedings of the Conven- Veagh, Mantor, Minor, Mott, Newlin, tion. It seems to me, in the natural order Niles, Parsons, Patterson, (Allegheny,) of things, that should come in after this Pughe, Reynolds, James L., Read, (PhilaConvention shall:have decided to print delphia,) Reed, (Mifflin,) Rooke, Smith, them. All these amendments, I think, (Allegheny,) Simpson, Temple, Van might fairly'be laid aside until the Con- Reed, White, (Indiana,) Wetherill, vention has- an opportunity of ex- (Schuylkill,) Wherry, White, J. W. F. pressing its opinion of the propriety of. and Worrell-57... printing at all. As a member of the com- So the question was determined in the mittee which reported these rules, I will negative. be found agreeing to the report. We have PAInRED- -Mr. J. L. Reynolds with S. assumed that it is the temper of the Con- HI. Reynolds. vention to have its proceedings reported,, The question recurred on the resolution and we have acted upon that assumption. presented by the committee of fifteen. We may be right in thator not. AllI de- Mr. HARRY WHITE moved that the sire is to have a direct vote upon that resolution be referred to the standing question-whether we will have them re- Committee on Printing, and Binding, ported at all; and if the Convention when appointed, with instructions to as CONSTITUTIONAL CONVENTION. 77 certain- and report to the Convention the dclent appoints the reporter. This motion probable expense of reporting, printing certainly can do no goodl;it can acconmand bindingits proceedings ald debates, plish no end except that of delay. and the best method of doing the same; Mr. M'ALLsrIST, Mr. Speaker: It and that the said committee be instructed seems to me that this resolution and the to report the probable cost of each subject amendments bring up the simple quesreferred to separately. tion whether we shall elect these stenoMr. KIAINE. Now, Mr. President, I do graphers, and cast upon'them a sepuarate not see what good that reference can pos- and distinct responsibility inl connection sibly accomplish. A resolution was offer- with their own work, or whether we shall ed in this Convention a few days ago: putlthem lunderthe guidance and direction "Resolved, That this Convention do now of the printer, or the gentleman to whom proceed to the election of a stenographer the printing shall be allotted, and I can for the purpose of reporting the proceed- see no possible good reason why they ings -and debates of this Convention." should be connected. I mostrespectfolly That resolution elicited some discussion, differ with my friend from Indiana (Mr. and, upon a motion, was referred to the White) in reference to the anode in which committee of fifteen. That committee this was done in Illinois. If I read corhad that resolution under consideration rectly the proceedings ofthat Convention, for two sittings, at least, and they deter- one of the very first acts was to appoint a mined, by the report which is now upon stenographer and to give him power to the table, and which it is now proposed to employ his assistants, and to hold him refer, that it was expedient that the de- responsible to the Convention for that bates and lproceedings of this Convention part of the work. should be reported. Upon the same ques- EMr. HARRY WHITE. WVill the gentletion a vote has just now been taken in nman allow me to interrupt him? this House, and it has been decided by Mr. MIALLISTEn. Certainly. fifty-seven votes to fifty-one that the pro- Mr. HARRY WHInE. My friend froml ceedings and debates of this Convention Centre (Mr. M'Allister) is entirely in shall be reported and published. iNow is error when he states that I said the Conit proposed by this commitment to change vention of Illinois let the reporting and the action of this I-louse, as regards the re- printing together. On the contrary they porting and printing of these debates? It did not do so, but made a separate con. can answer no other purpose. The reso- tract for the reporting, which they spread lution attached to the report of the comn- upon the record, and which is precisely mittee of fifteen, made this morning, pro- what we want to do. vides that the Commlittee on Accounts, to 5Mr. M'ALLISTER. Precisely as this which it is now proposed to refer this mat- committee of fifteen have reported. They ter, shall make a contract, shall make an have reported in fmivor of a stenographer, agreement with a competent person to re- and that is the question, as I understand, port the proceedings and debates of this now to be amended by uniting with it the Convention, and having done that, then printing. I am in favor of the printing of the President' shall appoint a reporter, the debates; notto afford the members of with competent assistants, to discharge this Convention an opportunity to transthose duties. Now, I take it, M r. Presi- mit what they say to posterity, but to dent, that the reference of this subject afford-the people an opportunity to knowmatter again- to the Committee on Ac- what is going on here-to know our dlocounts, for the purpose of reporting the ings. If we were a Convention of absolute cost, Will' not make any change, or cannot powers to impose a Constitution upon the make any' change, in the action of this people against their will, there would be House, which has, by its committee, and no necessity for printing these debates; by a solemn vote here this morning, de- but if we recognize the people as our soytermined that the proceedings shall be re- ereigns, if we look to the people for the ported. Tlie expense will not be so enor- confirmation of what we do, and consider mous that the amount will change the all that we do here of no use unless they opinion pf members of this Convention. approve of it, why then shall we not The Committee on Accounts will have afford them a conrect report of the debates this thing in charge, to make an agree- in this Convention which lead us to the ment- and arrangement as to the price conclusions, which lead us to the making at which thiswork can be done, and make of this Constitution we ask them to apreport to that effect, and then the Presi- prove? How is this information to be car 78 DEBATES OKI THE ried dovwnto the people unless we have the orally arises from looseness in the contract, proceedings of this Convention properly which enables the printer to charge what reported? I come here prepared to hear he pleases for a large inajority of the suggestions, and arguments, and reasons, work. Those perquisites and those adfrom the humblest mefnber of this body, vantages were cut off by the strictness of be he ever so illiterate. Uponthese argu- the contract, althought brief, made in Illiments, comning from these sources, I esx- nois. There was a stipulation in that conpect to form my opinion, and I expect the tract, not only as to what the printer people to form opinions of approval or should have, but also as to what he should disapproval upon the very same argu- not have, a stipulation of the work he ments. Why shut out the people from should do, and the work for which he this knowledge? It is not to be conceived should not charge. It was a model con-that we are not a reading people. We were tract, and I hope that at least such a coneducated to read by the interest the peo- tract will be made here by the committee ple took in the war, and nine-tenths of to which the making of a contract maybe the electors of Pennsylvania will read referred. If that is done, and we cut off with interest the proceedings of this Con- the printer and the stenographer from all vention, the sulbject matter in which they illegal charges, and from all charges that are, every one, personally interested. he is permllitted to make by the looseness Why shall we not afford them an oppor- of the contract, the people will be satistunity to read what is done here? Andcanll fled, I am sure. Let us cut off these corwe give them correct knowledge on this morants that hover around public institusubject unless we have a reporter under tions of this kind, looking for what they our jurisdiction? I admit that reporters may pick up. Let us cut ourselves off may come in here from this and other from them, and I am convinced the peoStates, and that we may have garbled ex- ple will be fully satisfied with our extracts in reference to the propositions and penses. arguments made here, but nothing under Mr. IH. G. SmAIITH. Mr. President: A our control in which the people may rely number of gentlemen have come in since as the actual proceedings of this Con- this discussion commenced, and I wonuld vention. Now, in the State of Illi- like to hear the resolution read, as renois they wisely required the public ported from the committee of fifteen, toprinter to publish the proceedings, wvith- gether with the amendments now before out charge, in two papers, one of each the Convention. party represented in that Convention. By direction of the President the Clerk Those slips from the papers were laid read the resolution, together with the upon the tables of the members at twelve pending motions. o'clock of the day succeeding the day on Mr. H. G. Smrn. Now, Mr. President which the arguments were made and the 1- would like to say a word or two. I have business transacteod. They were revised, had a little experience, both with reportanlld re-set, and correctecl by the printers ers an in the matter of publishing. I without charge. The papers were then have given this subject some little furnished for distribution to the people, thouht my opinion, the esolution and then r3vised and corceted by the asofyered p as offered, which provides for the employprinter, without charge, before they went of a reporter who would be an into the Congressional Globe form. The officer of this Convention, a quasi ofilcer whole proceedings of that Convention, under its control, is, if the Convention deand it was as, long in session as this Con- proceedings shall be terminethat its proceedings shall be 1evention will be, are contained in two Volventio will be, re containedported, the only proper course to pursue. unmes and no more. The reporting and the printing. ought to Now it seems to me that it is certainly be made distinct matters, and in the elma mistake to be concerned about the sim- ployiment of a reporter he could be paid ple expense of this reporting and print- by the thousand ems, if you choose, as ing. If we afford the people who are to was done in the Illinois Convention, and pay for it the information they. need, let him employ his own sub-reporters the information they must have if they and pay them out of the amount of cornwould form correct conclusions, any ex- pensation deemed reasonable and proper. pense incurred will be but slight, will be I understand the amount paid by the I1I' but little, and the people will bear it, and linois Convention was larger: than was bear it willingly. The expense, the ex- necessary, and that the most competent traordinary expense, of the printing gen- reporters who have presented themselves CONSTITUTIONAL CONVENTION. 79 before this body will render their services be corrected after that without seriouLs for a considelrably less sum. TIhe report- objections firom the publishers whoever ing of that Convention cost between they might be. Then they could make eighteen-and twenty thousand dollars, that matter up in such shape as they paid forthe reporting alone. Thatcanbe chose, stereotype it and furnish Such done for a considerably less sum, I un- bound copies of the proceedings to this derstand, by the most competent report- Convention as mnight be ordered. It ers in the country. If, then, the Conven- seemrns to me that the adoption of a plan tion determine that they will publish the like this would give this Convention, if it debates, in my judgment it ought to eml- determine to have reports, just such reploy its own reporter, make him subject polts as it would desire, and give them to to its control, and hold hillml, at all times, it in the cheapest and very best manner. responsible for the manner in which he As the gentleman from Centre (A1r. discharges his duties. Having done this, AlAllister) has saiid, there are all sorts of the reports will be furnished just as dli- opportunities for jobbing in printing. I rectecd by the Convention. Then will have been reliably informed bymeil bers come the question of printing. Now I:of the Legislature, those who ought to have heard it n1tirnmated that the Public know, that the cards tacked on the desks Printer of this State claims the printing of members of the Legislature cost as much of this Convention. Whether the con- as one dollar apiece, or $133 for 133 cards. tract entered into with him by the Leegis- Now a job printer will print them for you lature binds this body or not is a question inthecityof HarrisburgorPhiladelphia, or to be determineld upon consideration. If elsewhere,forfive dollarsandmakemoney it does not, and if this Convention re,- on it. I merely throw this out in order moves to' Philadelphia, as they have de- to show the importance of what is u'rged, termined to do, it would be found more that when a contract comes to be made it convenient for this Gonvention to have its should be made with a11 the provisions printing done in that city, and, in my necessary for the protection of the State. judgment it would be more cheaply and Mr. BARTHOLOMEW. moved to anmendl, more satisfactorily done. I have'uncler- by adding to the instructions of thle coln-.stood from a gentleman who had some rittee the following: conversation with Mr. Lippincott that b"And that said committee he instructed that house, one of the best printing to report the probable cost of each subljecot houses in the United States, and so large referred, separately." in its operations that it can afford to be Mr. HARnY WHITE accepted the amen dperfectly honest-have suggested a plan mellt offered by Mr. Bartholomewv. by which the reports of this Convention Mr. WHERRY moved to amend, by strikmight be published in a very proper and ing out all after the word " Convelntion,'.I suppose a very satisfactory manner. If and inserting in lieu thereof the words the idea I am mentioning should prevail, "what work shall be done by stenograthat this Convention should spread its pher or stenographers, and how muchl proceedings before the people as they take per one thousand ems shall be paid for the place, the proper way to do would be to salne." publish them in something like a daily Th1 amendment of Mr. Wherry was not record. Now that could be published by agreed to. Such a house as the Lippincotts in such a The question then recurred, will the shape as the daily Globe is furnished. A Convention agree to the motion of MSr. copy of that could be laid upon the desks I-arry White? of members the morning after the de- Mr. GOWEN. Mr. President: I think if bates took-place, certainly not liter than this Convention understood thorougly the second morning. In the meantime the action of the committee of fifteen, a your reporter could allow every member large majority would be in favor of getwho chose to do so to correct his speeches ting rid of a difficulty that now embarin manuscript. After the matter was rasses us, and acting favorably upon the furnished to the Convention, however, I report of that committee. It must be reapprehend it would: not be well to make membered that nothing was referred to serious corrections. That sort of thing that committee on the subject of printing. should be done beforehand. Having been Therefore I am opposed to mixing up the furnished to this Convention in the shape question of printing with the question of of a paper, something likethe daily Globe, reporting. The sole question upon which verbal and typographical errors might the committee of fifteen were desired by 80 DEBATES OF THE the Convention to report was upon the ters like this question are the most propriety of having the debates of the troublesome we will be annoyed with, Convention reported; and, second, upon and a large- number of the members of the appointment or election of a proper this Convention would be exceedingly and competent person to do the work. glad if they could get rid of them and not Now that committee reported, as its opin- be troubled with them any more. I ion, that the entire debates and proceed- therefore trust the motion of my friend ings should be published. That action from Indiana (Mr. White) will not prehas been sustained by a vote of this Con- vail. The committee of fifteen have revention. The second question, and the ported a resolution which, ii adopted, will question that is really the only one under release every member of this Convention consideration, and which it is the disposi- from embarrassment, and we will have a tion to get rid of for the present by corn- competent committee to fix the salary or mitting it to another committee, is this: compensation. When that is done the Shall the Convention have a reporter of President will appoint, or the Convention its own, subject to the orders of the Con- willl elect, a man to report; that being vention, and responsible alone to the Con- accomplished we are rid of one question vention for the faithful performance of his and one only. When t'he question of duties? Now the report of the commit- printing comes up-and I hope this questee of fifteen was this: That the first thing tion of reporting will not be in any manto'be done upon that subject was to ask ner connected with it-it can be referred of the Committee upon Accounts and Ex- to the Committee on Printing, and they penditures to report to this Convention can report on it. I therefore trust it will what compensation should be paid for re- not be re-commtted to another committee. porting its proceedings. The language of Mlr. MACVEAG~H. Mr. President: I am that resolution is such that the Committee sorry to trouble the Convention, but I upon Accounts and Expenditures can -want to explain that it is precisely for the report how much shall be paid for the en- reasons that the gentleman from Philadeltire job, of how much shall be paid per phia (Mr. Gowen) has given for supportday, or how much per thousand ems, as ting the original resolution that I support they see fit. What I desire of the com- this motion. It does not necessarily conmittee of fifteen, which desire I am sure nect the two subjects together-reporting will be shared by a great number of this and printing-further than this, that Convention, is that the compensation to those of us who want information upon be paid for this service should be fixed the total expenditure, likely to be indefinitely before anybody was appointed curred, shall have it before we are reto act under it, so that the appointment quired to vote yea or nay upon the quesshould not be made in a hurry, and after- tion of the appointment of a stenographer. wards a large bill run up against the The difference between his resolution, State for acting under it. Therefore, if the resolution of his committee, and the the resolution, as it came from the Com- amendment which I had prepared, and mittee, is finally adopted,by the Conven- which is now in another form, the amendtion, the result will be this: First, that ment of the gentleman from Indiana the Committee on Accounts and Expendi- (Mr. White) differs only in this respect: tures will determine what is the proper That of proposing to ascertain the excompensation to be paid, and upon that pense of reporting, and then to proceed'report being accepted and adopted by the to commit the Convention to reporting House then, and not until then, will the what is the value of reporting with'out reporter be appointed or elected. If ap- printing.? I wish to know, at the same pointed, it will be by the President. If time, what will be the probable expense the President asks, as he has asked, to of printing the reports, so that I may be relieved from that duty, the resolution vote intelligently upon the primary quescan be amended by having him elected tion of reporting. It is not -to confound by the Convention, and this troublesome the things together, it is not to join the business Will be over. Btit the point of things together, but it is to have the the resolution, andl the gist of it, is that information upon both subjects before there'shall be one single person, solely we vote upon either, because I confess responsible to this House for the pertorm- I will be largely influenced in voting ance of his duties, and before his appoint- by the consideration of the probable exment his compensation shall be fixed. pense of the printing. Therefore it is that Now I apprehend that these little mat- I trust gentlemen will vote for this mlo CONSTITUTIONAL CONVENTION. 81 tion iin order that the entire information Mir. NEWLIN. In accordance with the desired may be laid before the House. expressed wish of the President, as made Mr. W. I-I. SMITH. I would.like to in- to the Convention, I now move to strike quire of the mover what process is to be out so much of the resolution reported by taken to ascertain this. If you want to the committee of fifteen as vests the apfind out the probable expense, I take it pointment of a stenographer in the Presithatrthe- first thing you will do is to get dent, and make the election by the Conbids for printing. Then you must take vention. some other means, unknown to me, to find Mr. ARMSTRONG. Mr. President: I deout how much is to be paid for reporting. sire to offer resolutions, by way of amendIs this committee to invite proposals, and ment, to strike out and insert, which from the proposals make out that part of would probably avoid the amendment the expense? Thenhow is this committee the gentleman suggests. to ascertain the probable expense unless The resolutions were read, as follows: they can tell how much printing there is Resolved, That the President appoint a to be done? temporary stenographic reporter of all the On the question, will- the Convention debates and proceedings of the Convenagree -to the motion to com~mit? tion, who shall appoint his own assistants, and shall continue until further ordered The yeas and nays were required by Mr. tHarry White and Mr. Elliott, and were as follow, viz: Resolved, That the standing Committee on Printing and Binding, when appointed, Y E A S. be instructed to receive proposals and report to the Convention as soon as possible Messrs. Addicks, Ainey, Andrews, Armthe draft of a contract for the reporting, strong, Baily, (Perry,) Baker, Bardsley, printing and binding, or for each sepa-. printing and binding, or for each sepaB3eele;Bowman,Broomall, Carter, Church, 7'~~' 1~~'rately, as they may deem best; and that Cochran, Curry, Darlington, De France,'upon the approval by the Convention of a Dimmick, Edwards, Fell, Fulton, Funck, HannaHazard, Hortcn, Howard, Knight, contract or contracts for the same,'the Hanna,Hazzard, Hortcn, Howard, Knight, h -.'' duties of the reporters appointed by the Lilly; Littleton, MacConnell, M'.Culloch, Secretary of the Commonwealth shall MacVeagh, Mann, Mantor, Minor,-Parsons, cease. Patterson, D. W., Patton, Porter, Purvi-he amendment. is The PRESIDENT. The amendment is anice, John N., Reed, Andrew, Russell, not, at present, in order. Sharpe, Simpson, Smith, Henry W., Stan- motion of Mr. Newlin was then ton, Ste aThe motion of Mr. Newlin was then ton, Stewart, Struthers, Van Reed, Wal- areed to ker, White, David N., White, Harry and Mr. ARMSTRONG. Mr. President: Inow Meredith, President-52. renew my resolutions. YEA S. The PREsIDENT. The Chair will again express his entire unwillingness to assume Messrs. Achenbach, Alricks, Baer, Bai- D the duties of the appointment of a stenoey,- (Huntingdon,) Bannan, Bartholographer. The Convention knows that a mew, Boyd, Brodhead, Buckalew, Campp heavy duty is now imposed upon him, bell, Cassidy, Clark, Collins, Corbett, Corand that he is endeavoring to appoint the. son, Cronmiller, Curtin, Cuyler, Dallas, standing committees, and to impose upon Davis, Dunning, Elliott, Ellis, Ewing, Gib- i him the burden of selecting a stenoson, Gowen, Guthrie, Hall, Harvey, Hay, grapher from all the applicants, he feels Hemphill, Heverin, Hunsicker, Kaine, Hm l, H n, Hicker, Kine,'would be thrusting upon him what the Lamberton, Landis, Lawrence, Lear, Con Convention would probably not desire. Long,:: M'Allister, M'Camant, M'Clean,: Mr. ARMSTRONG. Then I withdraw the M'MIUrray; Metzger, Mott, Newlin, Niles, Murr Metzer, Mott, Newin, Nies, first resolution and leave the second one Patterson, T. H. B., Pughe, Purviance, as the proposed amendment. I desire, in Samnuel A., Read, John R., Rooke, Ross, ss this connection, to make a few explanaRunk, Smith, Ht. G., Smith, W. H., Temtory remarks. As it standsat present the ple, Turrell, Wetherill, J. M., Wetherill, reports of the Convention are made by John Price, Wherry, White, J. W. F., stenographers, who have been appointed Woodward, Worrell and Wright-65. by the Secretary by the Secretary of the Commonwealth So the question was determined in the underhis original power. They have not negative. -yet been recognized by the Convention The question recurred on the resolution as official stenographers of the Convenas reported from the committee. tion.' Whilst I signed the report as one of 6 82 DEBATES OF THE the majority of the committee of fifteen, the Convention of whatever faots are neit is not improper to state that the views cessary for a wise conclusion upon the *of the committee were not entirely in ac- matter. cord upon that question. There was a Mr. GOWEN. Mr. President: I dislike diversity of opinion upon a variety of sub- to get up again, but this is substantially jects touching this question. My ownim- the same resolution that has just been pression is that we have not sufficient in- voted down. It seems to me to have for formation to justify this Convention in its object the connecting of the printing entering into any fixed contract, nor and the reporting together. Now the would it be proper for us to enter into any resolution, as it came from the committee contract until the Convention is put in of fifteen, does not commit this House to possession, in detail, not only of the du- the making of any contract until the ties to be performed, but of the proper compensation is fixed. Therefore, this is prices to be paid for the performance of simply a motion to re-commit, and to those duties. The resolution I propose is give the committee power to take into simply this: That when the Committee consideration the printing as well as the on Printing is appointed this whole sub- reporting, and to mix the two together, ject shall be referred to them, with'in- and is substantially the same as the resostructions to receive proposals and report lution that has just been voted down. either one contract, or two or three, cover- Mr. WOODWARD. Mr. President: This ing the reporting, printing and binding. whole subject has become incomprehenWhen they report those proposals and the sible to me. I cannot understand it. The draft of a contract to the Convention, then Convention, by a small majority, (which, we will have before us such matter as will possibly, if the Convention had been full enable us to act judiciously on the ques- ouldhave been the other way,) decided tion. In the meantime, I know of no to have a stenographic report of our deother mode by which the Convention can bates. Now the gentleman proposes to save, itself from, at least, possible imposi- refer to a committee, hereafter to be aption, unless we take up more time in de- pointed, the consideration of the cost of bating the details than I think the Con- that report. Well, sir, suppose that comvention would be willing to consume in mittee should make a report upon the that manner. If the question is referred cost that would satisfy the majority of to: a -committee not yet appointed, but this Convention that they had made a miswho will doubtless be selected for their take in, voting down the amendment of knowledge and experience on the subject my friend ftom Chester (Mr. Darlington.) assigned to them, we only impose upon Lei us look at this thing a little. I have them a duty for the performance of which not heard, in what has been said this they are appointed. And if we take from morning, any allusion whatever to the them the duty imposed by this resolution report of the Auditor General on the exI know not what duty is to be assigned to penses of the Convention of 1837. If I,them. understood that report, as read from the One word further: It is a question open Clerk's desk this morning, it amounts to'to very grave consideration whether this one hundred and six thousand dollars,',contract for the reporting and printing besides postage and transportation, items:should be embraced in one contract. which he could not specify because paid There are reasons to be assigned on both out of a contingent fund and mixed up sides of that question. On the one hand with other matters. If those items were if the reporting and printing are in sepa- ascertained, my belief is that the aggrerate contracts, there is a liability that the gate expense of this job of the last ConC!onvention may have difficulty in as- vention would be found to be not less signing the due responsibility to each. than one hundred and fifty thousand dolIf they are combined, the Convention lars. Then, I assume, and I take it that ean readily hold the con ractor to the the best informed gentlemen on this floor terms of his contract, and have a responsi- will concur in my opinion, that the simible person who will answer to any corn- lar work cannot be done at the present plaints of the Convention. Now, upon day, and at present prices, for less than 2that important question, I think it proper double that sum. We may as well underthatwe should be-instructed by the careful stand that this job we are now setting up consideration of the committee appointed is going to cost the people of Pennsylvafor the puipose, who will report to us the nia something like three hundred thouproposals they may receive, and inform sand dollars. Well, sir, suppose this com CONSTIT UTIONAL CONVENTION. 83 Inittee should come to that conclusion, in thes Convention ot 1836 we had a Mr. what then becomes of the resolution al- John Agg, who could neither read nor ready adopted by the yeas and nays that" write a' stenographic character. He did we will have a report? not know the first principles of the art.' Mr. MACVEAGIH. No such resolution He employed some young men who had has been adopted. some knowledge on the subject. But Mr. WOODWARD. Perhaps the gentle- since his day the art has grown to a great man is technically correct. The gentle- profession, and gentlemen command highl man from Chester (Mr. Darlington) prices., There are stenographers in Washmoved that it is inexpedient to employ a ington, and in all the States, if you emastenographer, and that question, as I un- ploy to write down every word that is derstand it, by a majority of seven, was uttered here you have got to pay, and voted down, among whom was my friend pay them well, for they are a profession from Dauphin (Mr. MacVeagh.) The that deserve to be well paid, and if they motion that it was inexpedient to employ perform'their work well'they deserve to a reporter was voted down by a majority be paid. And in this matter of printing, of seven; I am not mistaken about that I what did we hear this morning in regard think.. I suppose then the Convention to these cards on our desks? means to say that it is expedient to em- Mr. HI. G. SnITnI. I beg leave to say ploy a reporter. And this gentleman that the State Printer, who is on the floor voted for that, and he says he is not in of this House, has informed me that -1 favor of the employment of one. was mistaken in the statement that these Mr.MACVEAGIF. Idonotknowwhether'cards cost one dollar a piece. I was so I am or not until I know something about informed by a member of the Legislature, the cost of employing one. but i do not want to do inj iistice to anyMr. WOODWARD. Well, sir, I wish we body, and I withdraw the statement. could come to a direct vote whether we are Mr. WOODWARD. I aml glad to hear it. to have a reporter or not,' for from what I But stenographic reporting may cost anylearn from my friend from Dauphin-my thing, no man can tell what; Every genvery intelligent friend-he did not com- tleman may lay it home to his heart that prehend the question on which he voted,, it will cost at least double'what it did in and a question that he cannot cornpre- 1837. If it cost one hundrcd and fifty bend is not'very comprehensible. thousand dollars then, it will cost three Mr. MACVEAGII. The difficulty was hundred-thousand dollars now. I think not in my comprehending the. question, I have said enough to intimate that I am but in his comprehending my statement. opposed to this whole thing. I voted against Mr. Darlington's motion Mr. SIMPSON. I donotunderstand that because I thought it was premature until the House, when it voted down: the propowe had the information in regard to the sition of- the gentleman from Chester, probable cost of the reporting and print- (Mr. Darlington,) committed itself to the ing, and I am unable now to decide converse of his proposition. Like the whether it is expedient or inexpedient to gentlelnan fioom Dauphin (Mr. Matemploy a stenographer until we know Veagh) I voted against that proposition what probable expense that involves. because I want to know! what the robaMr. WOODWARRD. Well, sir, I dent know ble cost of reporting the proceedings i'ill what the expense will be, but I believe it be before I c6ommit myself'to \vote for a will be so large as to render it inexpedient stenographic report of the debates of the to employ a stenographer. Mark my Convention. I have no doubt'that there word, whatever it may cost, one hundred will be a great many words of wisdomn. and'fifty thousand dollars, two hundred uttered here, and if they can be reported thousand dollars, or two hundred and fifty at a reasonable price, and sent down to thousand dollars, it is a work that will posterity, I am, for. one, willing to vote.not sell for a thousand dollars in any mar- for a reasonable sum.' If it would' cost ket in the world; and after we have xe- an unreasonable sum I would vote again st pended one, or two, or three thous~and it. I tihe'refore voted againistfthe proposidollars I am afraid the people will reject tion of the gentleinan from Chester,'(Mr. all our work and all our amendments. Darlington,) and- propose t-6 vote for the You may depend upon it, gentlemen, it proposition of the'gentleman -from Lyis a mistake. Stenographic reporting has coming, (Mr. A.rm'strbng,) and I ask this become a great science, or rather art. It Convention not to commit:itself to/the has greatly improved since 1836. AWhy, question until they know what thne cost 84 DEBATES OF THE will be. We will be held responsible by the duties of the reporters appointed by the people of this Commonwealth'if we the Secretary of the Commonwealth shall put a burden upon them they ought not cease. I think that this resolution, haytov bear. If the reporting and printing ing been intended to fit to the resolution can be let for a reasonable sum, I am previously adopted,'and having been willing to assume my share of that re- ruled out of order as an independent prosponsibility, but I want to know, before position, will not answer the purpose. I I cast my vote upon this proposition, think, therefore, that the resolution ought what that sum is, so that I can determine, either to be changed or voted down for by my judgment, whether it be proper that reason. If the proposition was to inor improper, whether it is reasonable or struct the Committee on Printing to take not. I hope the Convention will adopt into consideration the subject of a conthe resolution of the gentleman from Ly- tract for printing alone, leaving everycoming, so that the people will not charge thing about reporting out of it, then it us with extravagance in the inception of would be perfectly proper. But now it the proceedings here. unites reporting and printing, and brings The PRESIDENT. The Chair wishes to the two into collision. state how the question stands. The The PRESIDENT. The Chair is not of aml.endment moved by the gentleman the opinion that the resolution clashes from Lycoming (Mr. Armstrong) is to with the resolution already adopted to amend the original resolution, as reported such an extent as to make it out of'order. from the committee, by instructing a dif- Mr. COc'HRAN. I did not intend to ferent committee upon a different subject, raise it as a point of order, but intended and the Chair is of the opinion that it is to submit it to the consideration of the not. in order. The question is therefore Convention, whether the two did not colon the orignal resolution as amended. lide with each other. Mr. SSAMUEL A. PURVIANCE mloved to Mr. S. A. PURVIANCE. Mr. President: amend, by adding the following: If I understand this resolution rightly it "And that said reports of the debates involves a good deal more, it seems to of said Convention shall be limited to me, than is intended by many of the genspeeches and discussions actually made tlemen upon this floor. It seems to imand delivered within the bar of the Con- ply at least the right of that committee to vention." make a contract for the reporting and The amendment was agreed to. printing of the proceedings of the ConThe resolution, as amended, was then vention. To present a draft of a contract agreed to. is certainly taking one step towards Mr.-ARMSTRONG, on leave, offered the making a contract, and probably might following resolution, which was twice be considered as binding upon this Conread: vention. Resolved, That the standing Committee Now, Mr. President, it seems to me on Printing and Binding, when appoint- there have been attempts, one after aned, be instructed to: receive proposals and other, in this Convention, to place this report to the Convention as soon as possi- printing in a certain direction. Let us ble the draft of a contract for the report- inquire, first, whether we have the power ig:pninting and- bining, or for -'each to step aside of a contract'which has alseparately, as they may deem best, and ready been made. I hold in my hand a that, upon the approval by the Conven- bill passed by the Legislature of 1871, in tion of a contract or contracts for the which they designate rates for printing of same, the duties of the reporters ap- every kind, and in which they designate pointed by the Secretary of the Common- the way and manner by which the public wealth shall cease. printer shall be selected, and I beg leave, Mr. COCHRAN. Mr. President: It sir, just to read that short section. After strikes me that the resolution now pend- enumerating the rates of printing of every Ing before the Convention comes in con- description, according to the terms known fliet:.itkh the resolution the Convention only to printers, they proceed to say this: just adopted. It places the Committee "That on Tuesday, the fourth day' of on Printing - and the Committee-:on Ac-@ April next, the two Houses of the Legiscounts and Expenditures in direct colli- lature shall meet in joint convention, in sion with each other on the same subject the hall of the House of Representatives, matter, as I understand it; and, besides and let the public printing and binding that, it- proposes that, at a certain time, for three years from and after the 30th CONSTITUTIONAL CONVENTION. 8~ day of June next, accordi.ngto the provi- or $160,000. I submit, is it not fair to consions of the act of April 9th, 1856, and its elude that in consequence of the great adseveral supplements." vance made in the art of reporting, and Now, sir, in pursuance of that act, I am remembering that in all probability the told that the two Houses met in joint con- debates of this Convention will be quite vention, and that they let the printing to as voluminous as the debates of the last the lowest bidder; and therefore it is that Convention, and remembering also that I undertake to say that there is a contract there will now be much fuller reports of -an outstanding contract. them. I submit, if it is not fair to conNow, sir, suppose that committee re- elude that the debates of this Convention commend another contract, or another will cost at least twice as much as the demode of making a contract, and that is bates of the last one. Therefore, if we adopted by your Convention, may not the commit' ourselves to the present resoluState, to some extent, be involved in alia- tion, we are undoubtedly putting ourbility to a very large amount, and may selves in a position that will fix upon the not this State Printer, while not having State a debt of not less than $300,000. the power to sue the State, present him- Now, sir, is it worth that? Is it necessary self from year to year to your Legislature that we should perpetuate, at so great a and claim that he is entitled to receive a cost, all that is said uponthis floor, all that large sum of money, under the terms and is here read, all that is here done, all that conditions of the contract made in pursu- men here choose to give utterance to in ance of the act of 1871?' Therefore I say, the proceedings of this Convention?' I as preliminary to all this, it strikes me submit, sir, it is not equal to the cost. The that this question is whether this word people don't expect it; they only ask that "public" in that section covers all the you shall give them something upon printing of the State. All that should be which to pass, leaving us to decide upon properly considered by the Judiciary Com- what shall be our action; and they ask in mittee, perhaps, as a legal question, before turn when we are done that they shall we give this work to anybody else. pass upon the integral result, and not Mr:. LANDIS.; Mr. Presidelnt: As I un- upon the mere reasons, language or arguderstand the resolution as submitted, if nents that have influenced us in arriving passed by the Convention, we are. com- at that result, mitted to the reporting of the debates of It appears to me there is some inconthis Convention; and if we are thus com- sistency in the minds of some gentlemen mnitted to the reporting of them, we are of this Convention. I thought this morncommitted to all the expense that will ing that a copy of Purdon's Digest would nlecessarily follow from the publication of be a very useful appendage to this Conthese proceedings. vention, and I tried'to get one to look at Now, sir, I confess that I have watched an act of Assembly, but I could not find the debates upon this subject with some one, and was told there was none to ba considerable interest, not so far as I myself had. I presented a resolution asking the am concerned as a member of the Con- Secretary to provide us with a small numnvention, buit so far as the expenses are ber. Aciainor aroseallaroundtheHouse, concerned as relating to the State at large. "No, no'; we don't wiant it." I supposed I have listened with some interest and at — an economical fit had taken possession of tention to the statements made by Judge this assembly; but now, when it comes to Woodward, and I confess that when he the question of reporting our proceedingsj stated last week upon the floor of this why geltlernen.who voted against that HIouse,that the expense of reporting resolution are loud and clamorous that the proceedings of the last Convention the proceedings of this Convention' shall amounted in the aggregate to.l100,000, I'be'repor;ted. It strikes me that there is at the time sulppod he must be mistaken, some inconsistency about it. I appeal, and that it could not have cost the enor- therefore, to the Convention in behalf of mous sum of p100,000. But it appears economy; and I have voted uniformly that in pursuance of some resolution this morning so far as this question is passed last week, the Auditor General concerned, against making any report of has furnished this Convention a statement the proceedings; and; as I understand now, of the cost of the reporting and printing that to vote "aye" will be to vote for the, of the proceedings of that Convention, reporting of the Convention, I have and, if I recollect rightly, it amounted to thought fit to rise and give- briefly the something in the neighborhood of $150,000 reasons why I shall vote "no." 86 DEBATES OF THE Mr. J. W. F. WHITE. Mr. President: to some: extent, voting against our ideas I voted for the resolution passed a few of what ought to be done; and to relieve minutes ago, that the Committee on Ac- myself of the difficulty I am in, I move counts and, Expendituies should report the indefinite postponement of the whole what expense would probablybe incurred subject. I do that simply that I may put by having the reports made, and I did it nmyself in a position to vote according to not supposing that I had committed my- my convictions. I suppose upon that moself to the. employment of a stenographer. tionl the whole question is up for debate, That was not the motive that influenced and it is for that reason, in part, that I denme'to vote for that resolution, but sinlply' sired to make it. because I desire information upon it. I Those of us who voted that it was inintend to vote for the motion before us, expedient to report the proceedings of not intending thereby to commit myself this Convention, if nothing else was said to any contract that this committee may or done, might be put in a false position.:report; but I desire all the light and in- For myself I desire that these proceedformation upon this subject that I can ob- ings should be reported in the fullest and tain; and then, when I know about the most complete manner; but I believe that probable cost of reporting and publishing private enterprise is the safest hands in the proceedings of this Convention, then which to leave this reporting. I believe I am prepared to vote upon that (Luestion; the statement that the world is governed but I apprehendwe cannot vote upon that too much would apply as well to this intelligently now, and these two resolu- question before us as to others. The truth tions are simply calling for information, is known to every member of this body, and for that very information that will:that the only reports of the proceedings enable. the Convention to understand and debates of this Convention that will thoroughly this question and vote intelli- be read, are the reports that will be made gently upon it. I therefore vote for both by the daily papers of the State; they will of them. be read; the others will be put away on Mr. GOWEN. Mr. Presidcent: I agree shelves and never be read. Now, then, with all that has been said by the gentle- what is the use of making them? The man from York, (Mr. Cochran,) that this Journal of this Convention will be kept resolution is in direct conflict with the one and printed, of course. Does not that adopted.; and I agree with the gentleman contain all that is necessary to preserve in from Allegheny, (Mr. Purviance,) that the an official form for the instruction of the rights of the State Printer, in this ques- people-for their instruction as to whether tion should be investigated before action they will adopt or reject the proceedings is taken; and Iagreewith the economical of this Convention? They will get all gentlemen who think no contract should their information from the reports made be made unless we have information be- in the daily papers, for which the Comnforehand. In ordertomeet allthese ques- monwealth will pay nothing. It will be tions, I move to amend the resolution, by left entirely to private enterprise. It is striking out all after the word "resolved," for that reason that I shall vote for the inand inserting the following: definite postponement of the whole ques"That the Committee on Printing and tion; it was for that reason I voted for the Binding, when appointed, be directed to motion of the gentleman fromn,Chester report whether the contract between the (Mr. Darlington.);State. and the present public printer en- Now; the difficulty that arises in the titles: such,printer to,the printing and minds of several gentlemen in the posibinding -of the Convention, and if their tion in which we are fixed, is the resolution report, upon this subject be in the nega- offered by the committee of fifteen, simply tive, then.- to receive and report to the referringtotheCommitteeon Accountsthe Convention bids for the printing and bind- cost of reporting. It left out entirely the ing of the Convention." cost of printing; and the report of the The amendment was agreed to. Auditor General thismorning, of the cost Mr.. MANN. Mr. President; I think of the printing and reporting of the Conthere are a good many on this floor who vention of 1837, shows that the cost of reare in the condition of the gentleman porting was but an insignificant item.; the from Philadelphia (Mr. Gowen.) We cost of printing was what made the gross have complicated this question in such a rates. If we commit ourselves to the way that many of us certainly cann6t question of reporting, then of course the vote either one wavy or the other without, printing must be done; so that if we adopt CONSTITUTIONAL CONVENTION. 87 the resolution of the committee of fifteen COM!MUNICATION FROM THE SECRETARY we commit ourselves to the entire cost of OF THE COMMONWEALTH. reporting and printing, without any in- A communication from the Secretary of formation as to what the cost of printing the ~~~~~would be. State was read, giving the expenditures f. the Auditor General's, Surveyor GenerNow, Mr. President, it did seem to me- al's and Executive Departments for the it does yet-that this was an unwise course to take, and that we are moving in this two years last past, at 82,919 50, and the matfter with undue haste, aznd that; we expenses of the Legislature during the ought to be better informed upon this same time, at $406,194 40, making a:total question of the cost of printing. It is sumof 489,113 90. Laid on the table. charged upon the Legislature of the State ai e abe. that they have managed this matter in On motion of Mr. Woodward, the coma very bungling way-that there has munication was ordered to be printed and laid on the desks of members. been a constant jobbing on this question of printing. I think if the members will STATIONERY. reflect a moment they will have some occasion to ask themselves whether we Mr WOODARD offered the follow are about to manage this question any better'than the Leg~islature has. gt -esolved, That the Secretary be required seetms to me that unless we give gsome to furnish each member such stationery heed to the remarks of the gentleman as he may require, not to exceed in value from Pittsburg (Mr. Purviance) -we -will fifty dollars for each member, an accurate not manage it as well. There. has been a account to be kept of the value of said great effort made upon the part of the stationery. Legislature to bring this question of print- On the question will the Convention ing into proper methods of being eyxeu- proceed to the second reading of the resolution? ted. Some of the best talent of the State lution? has been devoted to that question-the It was determined in the negative. question of bringing into an economical RE-CONSIDERATION. and honest channel this question of printing; yet it seems to me the motions made Mr. LILLY moved that the Convention this morning propose to ignore all this reconsider the vote by which the resolueffort at our hands and get up some new tion of November 12 was adopted, providplan. I am entirely opposed to it. I think ing for the permanent sessions of the Conwe ought to avail ourselves of the experi- vention to be held in the city of Philadelence of the Legislature, and of the work phia after January 1, 1873. that they have done, and that it would be The PRESIDENT. The Chair desires better that we should make some inquiries some gentleman upon the Committee on and inform ourselves of the statutes that Rules to state what rules were - adopted in we have upon the statute-book, regulating regard to the limitation of time upon the this question of printing, before we hastily, question of re-consideration. and without inquiry, commit ourselves to Mr. MACVEAGI. Six days of actual the enormous expense that the gentleman sessions. from Philadelphia (Mr. Woodward) well The PRESIDENT. The motion therefore says will result from the action now con- is in order, providing the mover and templated. seconder both voted with the majority. The PRESIDENT. The Chair will ob- Mr. LILLY moved to postpone the serve that the resolution reported by the motion to re-consider for the present. committeewas taken up for consideration, ThePRESIDENT. A motion to re-conwas amendced and passed; it cannot now sider is upon the same footing as a motion be postponed indefinitely or otherwise. to consider. It is exactly upon the same The present motion applies only to the footing as a motion to proceed to the resolution offered by the gentleman from second reading and consideration. It is Lycomink, (Mr. Armstrong,) as amended not debatable; and no motion to postpone, by the gentleman from Philadelphia in the opinion of the Chair, is applicable. (Mr. Gowen.-) If the House-is not at this time prepared The motion to indefinitely postpone to re-consider, they cannegative the motion was not agreed to. to re-consider. If they re-consider, then The resolution, as amended, was then the House can postpone as they may adopted. direct. DEBATES OF THE Mr. HARRY WHITE. Mr. President: I Bartholomew, Bailey, (Huntingdon,) rise for information, so that I can vote in- Baker, Bannan, Bardsley, Beebe, Boyd, telligently. I understand the Chair to Brodhead, Buckalew, Curtin, Campbell, say that a motion to postpone for the Corbett, Carter, Cassidy, Church, Corson, present the consideration of the motion to Cronmiller, Curry, Cuyler, Davis, Dimre-consider can not be entertained. mick, Dodd, Dallas, Ellis, Ewing, Fell, The PRESIDENT. Yes, sir. Gowen, Guthrie, Hanna, Harvey, Hay, Mr. HARRY WHITE. I submit, with all Hemphill, Heverin, Hunsicker, Knight, deference to the Chair, that it is custo- Lear, Littleton, Long, M'Allister, M'Cammary to make a motion to re-consider ant, Mantor, Minor, Newlin, Parsons, often, in order to bring it before the Patterson, (Allegheny,) Patton, Porter, House, and then postpone the considera- Read,, (Philadelphia,) Reed, (Mifflin,) tion of that motion until some future Ross, Runk, Smith, (Allegheny,) Sharpe, time. Simpson, Smith, (Lancaster,) Stanton, The PRESIDENT. The Chair is of the Stewart, Temple, Turrell, Woodward, opinion that a motion to re-consider is on Wetherill, (Philadelphia,) Wetherill, the same footing exactly with a motion to. (Schuylkill,) Worrell, Wright and Mereconsider an original resolution. In the dith,-President-68. opinion of the Chair a motion for post- So the question was determined in the ponement cannot be made upon it. It negative. not being a debatable motion, an unde- PRINTING. batable motion cannot be put upon it; and furthermore, the rule requires that Mr. BARTHOiOMEW offered the, followthe motion to re-consider should be made ing resolution, which was twice read and within a limited time, whieh would be adopted: entirely set at naught if it could be made Besolved, That if the standing Commitand postponed. tee on Printing shall hold that the contract On the question, will the House agree for the public printing already entered to the motion to re-consider? into includes the printing that may be reThe yeas and nays were required by Mr. quired for this body, they shall report to D. N. VWhite and Mr. RMacVeagh, and nwere this body the reasons for such conclusion, as follow, viz:' as well as the authorities upon which it is based. YEAS. SESSIONS OF THE CONVENTION. Messrs. Ainey, Alricks, Achenbach, Baer, Baily, (Perry,) Bowman, Broomall, Mr. HAi offered the following resoluCochran, Collins, Darlington, DeFrance, tion, which was read: Dunning, Edwarcls, Elliott, Fulton, Resolved, That until otherwise ordered Funck, Gibson, Hall, Iazzard, Horton, the Convention will meet daily at ten Howard, Kaine, Lamberton, Lawrence, A. M., adjourn at one P. M., re-assemble Lilly, Landis, M'Clean, Ma~cConnell, at half-past three P. M. and adjourn at M'Culloch, M'Murray, MacVeagh, Mann, Metzger, Niles, Patterson, (Lancaster,) On the question, will the Convention Purviance, (Allegheny,) Purviance, (But- proceedto the second reading of the resoler,) Reynolds, James L., Rooke, Russell, ution? Smith, (Berks,) Struthers, Van Reed, It was determined in the negtive. Walker, White, (Indiana,) White, David r. HARRY WHITE noved that the ConN., Wherry and White, J. W. F.-48. vention do now adjourn. The motion was agreed to, and the PresiN AY S. dent adjourned the Convention until toMlessrs. Armstrong, Andrews, Addicks, morrow morning at ten o'clock. CONSTITUTIONAL CONVENTION. 89 SIXTH DAY. THURSDAY, November 21, 1872. Senate, and that they shall hold their The Convention met at ten o'clock A. M., offices during good behavior, and of propursuant to adjournment, the President, viding a process of retiring them on acWilliam M. Meredith, in the chair. count of age or infirmity. Prayer was offered by Rev. Mr. Bowen, Mr. LAMBERTON offered the following of the Episcopal Mission church. resolutions, which were read and laid on The Journal of yesterday was read and the table: approved. Resolved, That the Judiciary Committee be instructed to inquire into the expediency of so amending the Constitution Mr. BROOMALLT offered the following that the number of justices of the Suresolutions, which were severally read preme Court shall be increased, the State and laid on the table: be divided into districts, and a justice be Besolved, That the Committee on Suf- chosen from each of said districts. frage, Election and Representation be in- Resolved, That to the Committee on structed to inquire into the expediency of Legislation it be referred to inquire into securing the right of suffrage to all adult the expediency of providing that every citizens without regard to sex. bill shall be read at large on three differResolved, That the Committee on the ent days in each House; that every bill, Executive Department be instructed to with all amendments thereto, shall be inquire into the expediency of providing printed before the vote is taken on its that the term of office of the Governor final passage; that on the final passage of shall be four years, and that no person every bill the vote shall be taken by shall serve more than one term in eight yeas and nays, which shall be entered years. upon the Journal; that upon the final Resolved, That the Committee on Rev- passage of all appropriation bills the vote enue and Taxation be instructed to inquire shall be taken by yeas and nays upon into-:the expediency of prohibiting the each section or appropriation separately, Legislature from granting special ex- and be entered upon the Journal. emptions from taxation of property other- Resolved, That to the Committe on Sufwise taxable. frage, Election and Representation it be Resolved, That the Committee on Legis- referred to inquire into the expediency of lature be instructed to inquire into the increasing the length of residence in an expediency of extending the term of the election district so as to qualify a citizen Representatives to' two years, and that of to vote therein. the Senators to four years, and providing Mr. JOHN PRICE WETHERILL offered that the regular sessions of the Legislature the following resolution, which was twice shall be held once in two years. read and adopted: Resolved, That the Committee on Suf- Resolved, That the Auditor General be frage, Election'and Representation be in- requested to furnish to this Convention structed to inquire into the expediency of information upon the following items: providing that electors shall have resided lst. What amount of money has been within the election districts where they paid by the State for public printing under offer to vote ninety days, and shall have the existing contract. 2nd. What amount, paid a State or county tax within one if any, of said expenditure has been paid year, which shall have been assessed at for work done, which, from the peculiarity least sixty days before the election. of the composition or otherwise, could Resolved, That the Committee on Ju- not be embraced in the schedule of rates, diciary be-instructed to inquire into the as prescribed by act of Assembly and expediency of providing that all judges not so included. who are required to be learned in the Mr. HARRY WHITE offered the followlaw shall be appointed by the Governor, ing resolution, which was read and laid by and with the advice and consent of the on the table: 90 DEBATES OF THE Resolved, That the Constitution should tutions for charitable or educational purbe amended as follows: The Legislature poses shall be prohibited. shall not pass any local or special laws in Mr. WHERRY offered the following resoany of the following cases, viz: Regula- lution, which was read and laid on the ting municipalaffairs; granting divorces; table: laying out, opening or changing roads,.Resolved, That the Committee on Legisstreets and alleys; changing the names lation be requested to report a Constituof persons and places; changing county tional provision defining the term of memnseats; regulatihg the practice in the bers of the Legislature. courts; changing the venue in any case; Mr. DALLAS. In order that the preincorporating cities, towns and villages, or siding officer of this body may have proamending the charter of any city, town or per opportunity to appoint the commitvillage;,regulating the election of bor- tees, of this body, I move that this Conough dr township officers; regulating the vention do now adjourn. jurisdiction and duties of justices of the The motion was not agreed to. peace, aldermen and constables; regula- Mr. CAMPBELL offered the following ting the management of common schools; resolutions, which were read and laid on fixing the rate of interest; affecting the the table: real estate of minors and persons under Resolved, That the Committee on Sufdisability; relating to or incorporating frage be instructed to inquire into the exferries and bridges; creating, increasing pediency of giving to foreign born resior decreasing fees and allowances of pub- dents of the Commonwealth all the privilic officers during the term for which leges of State citizens: Provided, They they were elected or appointed; granting shall have resided within the State for to any corporation, association or indi- two years, be of the age of twenty-one vidual any special or exclusive privilege, years, and shall have declared their intenimmunity or franchise; nor shall any bill tions to become citizens of the United be passed by the Legislature granting States. any powers or privileges in any case Resolved, That the Committee on Revewhere authority to grant such powers or nue be instructed to inquire into the exprivileges: has been or mLay hereafter pediency of abolishing all fees now perbe given to the courts of this Common- initted by law to be collected from the eswealth. tates of decedents, and to substitute in lieu Mr. WHERRY offered the following reso- thereof a graduated inheritance tax upon lution, which was read and laid on the the gross value of the estates. table: Resolved, That the Committee on JuResolved, That so much of the present diciary be instructed to inquire into the Constitutior as relates to the several sub- expediency of abolishing the offices of jects for which standing committees shall alderman and justice of the peace, and have been created be referred to the ap- substitute in lieu thereof a minor judiciary, propriate committees when appointed; to be composed of judges learnedin the and the said committees be and they are law, of at least thirty years of age, and hereby instructed to consider the same, elected by the cumulative method of voand to prepare and report' such amend- ting. inents as in their judgment should be Mr. JOHN PRICE WETHERILL offered made to the Constitution. thofollowing resolutions, which were read Mr. COCHRAN offered the following reso- and laid on the table lution, which was read: Resolved, That the Committee on the Executive, when appointed, be instructed Resolved, That whenthis Convention ad- to inquire into the expediency of so journs to-day it adjourn to meet on Tues- amending the Constitution of this State day morning next at eleven o'clock. as to limit (by the appointment of a counOn the question, will the Convention cil upon the subject, or otherwise,) the proceed to the second reading of the reso- pardoning power of the Governor of the lution? tate. It was determined in the negative. Resolved, That there should be inserted Mr. BEEBE offered the following resolu- in the proposed Constitution a provision tion, which was read and laid on the ta- for the payment of all public officers fixed ble: salaries, and that all fees, perquisites and Resolved, That all appropriations by the emoluments shall be paid into the public State to denominational or sectarian insti- treasury, CONSTITUTIONAL CONVENTION. 91 Mr. BARCLAY offered the following reso- resolution, which was read and laid on lution, Which was read: the table: Resolved, Thatthe Secretary of the Com- Resolved, That the Committee on Sufmonwealth be requested to furnish this frage, Election and Representation be inConvention with a list of all pardons ob- structed to inquire into the propriety of tained from the different Governors of allowing all persons, without regard to Pennsylvania, from the first day of Jan- nationality, who have resided in the State uary, 1838, to this date, with the names of for one year, and in the election district the persons pardoned, the nature of their for ninety days, the right to vote at all offences, the time when such persons State and municipal elections. were convicted (if known) and the times Mr. CORsoN offered the following resowhen such persons were pardoned. lution, which was read and laid on the On the question, will the Convention table: proceed to the second reading of the reso- Resolved, That the Committee on the lution? Bill of Rights be requested to inquire into It was determined in the negative. the propriety of amending article nine, Mr. STEWART offered the following section six, of the Constitution, so as to resolution, which was read and laid on make it read as follows: "That trial by the table: - jury shall be as heretofore, and the right Resolved, That the Committee on Exec- thereof remain inviolate; and no judge -tive Department be instructed to inquire shall deliver any charge except it be writinto the expediency of establishing a court ten and read to the j ury, and then filed of of pardons. record." Mr. M TR offered the folwig Mr. BARTHOLOMEW offered the followMr. M'ALLISTER offered the following resolution, which was read and laid on the ing resolution, which was read and. laid table: table: @on the table: esolved, Fist, that no legistive Resolved, That the proper committee be enequested to inquire into the expediency ecutive or judicial officer of the Common- requested to inquire into the expediency wealth shall, during the term of his office, of prohibiting the Legislature from enactaccept or hold a passor gratuity fror any ing any special law extending the time ailroad holding corporate rights and frail- for the payment of any contract debt. chises under the laws thereof. Second, Mr. MAcCONNELL offredthe following that the sale of intoxicating drinks as a resolution, which was read and laid on beverage is prohibited; and the Legisla- the table: Resolv ed, That th e appropriate cornture shall, within one year from the adop- Resolved, Tiat the appropriate corttion of the Constitution, pass laws with mitteebe instructed to inquire into the suitable penalties for the prevention there- expediency of preventing, by Constituof. tional provision, the sale or other disposition of comleteries and places of sepulture Mr. TEMPLE offered the following reso-.~r. TEPLE of~eed ttle ollon 1~- for any purpose except -that of burial. lution, which was twice read and adopted: for any purpose except that of burial. Mr. SIMPSON offered the following resoResolved, That the Auditor General be lution, which was read and laid on the requested to furnish the Convention with table: a statement.of the amount of money paid Resolved, That the Committee on Eduinto the State Treasurer's office for the cation, when appointed, be requested to several years since January 1, 1867, by the consider and report upon the following following named offiders for the city and asan article in the Constitution: county of Philadelphia: Recorder of deeds, register of wills, prothonotary of district ARTICLE -. EDUCATION. court, prothonotary of Supreme Court, SECT. 1. The General Assembly shall prothonotary~ of courAt of common pleas. provide a thorough and efficient system Mr. HUNSICKER offered the. following of free schools, and may provide for the resolution,-which was read and laid on attendance of all children between the the table: ages of six and twelve years, unless in case Re.solved, That to the Committee upon of physical or mental incapacity. the Declaration of Rights be referred the SECT. 2. Neither the General Assemnfollowing addition to the Bill of Rights: bly nor any county, city, town, township, "That no law shall be passed limiting the school district, or other public or m-uniciamount of damages recoverable in any pal corporation, by whatever name called, proceedings at law or equity." shall ever make any appropriation, donaMr. BRODHEAD offered the following tion or grant of any money, property or 92 DEBATES OF THE valuable thing, or pay from any public criminal, the truth, when published with fund whatever, anything in aid of any goed motives, and for justifiable ends, church or sect, or to help, support or sus- shall be a sufficient defence. tain any school, academy, seminary, col- 3d. No divorce shall be granted in this lege, university or other literary or scien- State except by the judgment of a court tific institution, managed -or controlled, of competent jurisdiction, and for no other either in m;hole or in part, by any church cause than adultery. or sectarian denomination whatever. 4th. No costs shall be paid by a person ~SE~CTr. 3. All: lands, moneys or other accused on.a bill returned ignoramus, nor school, college, seminary or university 5th. Trial by jury in all cases in which school, college, seminary or university purposes, or the proceeds thereof, shall be it has heretofore been used shall remain faithfully applied to the objects for which inviolate, except that in suits before aldersuch gifts or grants were made. men and justices of the peace provision Mr. COLLINS offered the following reso- may be made by general law for trial by lution, which was read and laid on the a jury of less than twelve men; but a jury table: trial may be waived by the parties in all Resolved, That we, the people of the civil suits. State of Pennsylvania, grateful to Al- 6th. To enable a debtor, being the head mighty God, the Creator of the universe, of a family, his wife or widow, to enjoy for the civil, religious and political liberty the comforts of life, and rear, educate and which has been so long vouchsafed us to maintain his or her children, there shall enjoy, and looking to the same source for be exempt from levy and sale for the payblessings upon our endeavors to secure ment of all debts and liabilities hereafter and transmit the same to succeeding gen- contracted (taxes excepted) property of orations, do ordain and establish this the value of $1,000, which may consist of Constitution for the State of Pennsylva- real and personal property or of either; nia. and the same being set aside, as provided Mr. TURRELL offered the following reso- by law, shall not be sold or conveyed, lution, which was read and laid on the pledged or pawned during the joint life table: of husband and wife without their joint Resolved, That the Committee on Ju- assent, ascertained in such way as may be diciary, when appointed, be instructed to prescribed by law; and all contracts waivinquire into the expediency of authorizing ing the benefit of the exemption hereby juries in civil and criminal cases to ren- created are hereby declared to be void: der a verdict by a majority of two-thirds Provided, That the lien for purchase money of their number. on real estate, as against the real estate'Mr. BAER offered the following resolu- sold, shall not be impaired. tion, which was read and laid on the Mr. EWING offered the following resotable: lution, which was read and laid on the Resolved, That the Constitution be table: amended, as follows:. Resolved, That the several standing com1st. Any person holding office under mittees on the Constitution be requested the laws of this State who, except in pay- to report the propositions whilch they shall ment of his legal salary, fees or perqui- recommend for adoption unaccompanied sites, receives, or consents to receive, di- by their reasons for such recommendarectly or indirectly, anything of value or tion. of personal advantage, or the promise Mr. EWING offered the following resothereof, for performing or omitting to lution, which was read: perform any official act, with the expressed Resolved, That all resolutions and propoor implied understanding that his official sitions which may be submitted to the action or omission to act is to be in any Convention regarding amendments or addegree influenced thereby,' shall be ditions to the Constitution be printed for deemed guilty of a felony, and on convic- the use of the members. tion thereof shall be punished by inapris- On the question, will the Convention onment, at hard labor, in one of the peni- proceed to the second reading of the resotentiaries of the State, for a termn not ex- lution? ceesding five years, or by a fine not ex- It was determined in the negative. ceeding five thousand dollars, or both, in Mr. WHERRY offered the following resothe discretion of the court. lution, which was read: 2d. In all trials for libel, both civil and Resolved, That all propositionsofamend CONSTITUTIONAL CONVENTION. 93 ments reported by committees shall, be- quire into the expediency of adding to fore final action is taken on them, be re- the sixth section thereof, "but a:trial by ported to a commitiee of the whole. jury may be waived by the parties in all On the question, will the Convention cases." proceed to the second reading of the reso- Resolved, That the Committee on Revelution? nue, Taxation and Finance be instructed It was determined in the negative. to ascertain, if possible, what proportion Mr. LILLY offered the following resolu- of the real property in the Commonwealth tions, which were read and laid on the is now exempt from taxation under gentable: eral and private laws, and to what uses Resolved, That the Committee on Suf- and purposes the same is devoted; and frage, Electionand Representation inquire also to inquire into, the expediency of into the expediency of altering the Consti- providing that all property in the Comtution in such a way as to require the hold- monwealth, excepting that belonging to ing of certificates of naturalization for at or under the absolute control and super-.least six months before the right of suffrage vision of the Commonwealth, or any councan be exercised. ty, township, borough, city, ward or Resolved,'That the Committee on Suf- school district therein, and excepting frage,: Election and Representation be in- cemeteries, shall be subject to taxation, structed to inquire into the expediency and of providing that no property should of compelling each legal voter to exercise be exempted from taxation by any other the power of suffrage at all State and Na- than general laws. tional elections held in this Common- Mr. H. WVr. PALMER offered the followwealth. ing resolution, which was read and laid Mr. HAY offered the following resolu- on the table: tions, which were read and laid on the Resolved, That the appropriate committable: tee be instructed to inquire into the expeResolved, That the Committee on Decla- diency of so amending the Constitution as ration of Rights be instructed to inquire to prohibit and forbid the judges of the into the- expediency of so amending the courts of this Commonwealth from chargtenth section thereof as to provide that ing juries upon the facts of the cases, exwhere any man's property is taken or ap- cept so far as may be necessary to explain plied to public use, the necessity for such the law thereof. taking or application shall be first deter- Mr. CLARK moved that the Convention mined in a manner to be prescribed by do now adjourn. law. The motion was agreed to, and the PresiResolved, That -the Committee on the- dent adjourned the Convention until toDeclaration of Rights be instructed to in- morrow morning at ten o'clock. 94 DEBATES OF THE SEVENTH DAY. FRIDAY, N2ovember 22, 1872. Mr. MA(CCONNELL offered the following The Convention met at ten o'clock A. resolutions, which were read and laid on M., pursuant to adjournment, the Presi- the table dent, William M. Meredith, in the Chair.' Resolved, That the Committee on LegisPrayer was offered by Rev. Dr. A. K. lation report the following amendments, Strong, of the Pine street Presbyterian namely: church of Harrisburg. 1st. One providing that the real and The Journal of yesterday's proceedings personal property of any female in the was read and approved. State, acquired before marriage, and all RESOLUTIONS. property, real and personal, to which she may in any manner become entitled after Mr. STANTON offered the following marriage, shall be and remain the sole resolutions, which were read and laid on and separate estate and poperty of- such the table: female, and shall not be liable for any Resolved, That the Committee on Legis- debts, obligations or engagements of her lature be instructed to inquire into the husband, and may be devised and beexpediency of so amending the Constitnl- queathed, and, with the written assent of tion as to enable the Governor, by ap- her husband, conveyed by her as if she pointment, to fill vacancies which may were unmarried. occur in either branch of the Legislature, 2d. One providing that no married until the next election. Resolved, That the Committee on the woman shall, in any way or manner, beExecutive Department be instructed to come security for any debt, obligation or Executive Department be instructed to engagement of her husband, or in any inquire into the expediency of so amend- engagement of her husband r in any ing the Constitution as to provide for an way or anner pledge or render liable any of her property, real or personal, for election, by the people, of a Lieutenant Governor, to be chosen at the same time such debt, obligation or engagement. and for the same term of ofince as the Resolved, That the Judcliciary Committee Governor. report an amendment requiring the LegResolved, Thatall resolutions be referred islature. to divide the State into as many to standing committees, when appointed, judicial districts as there may be judges without debate., i at the time in the Supreme Court; reResolved, That the Committee on the quiring the legal voters of each circuit to Executive Departmlent be instruct~ed -t~o elect one judge of said court; requiring inquire into the expediency of so amend- the judge elected in each circuit to reside ing the Constitution as to empower the therein during his whole term of office; Governor, in the event of the death or re- requiring said court to hold at least one moval of any person or persons elected to term in bane in each circuit each yea a State office, between the date of their and making the judge resident in eah election and the date of their inaugura- circuit the presiding judge in said court tion, or assuming the duties of such office, vhile it is sitting in bane in his circuit to fill such vacancy by appointment, such Also, one providing that the orphans' appointee to hold office until the next court in each county shall consist of one annual election. judge, who shall be learned in the law, Mr. STANTON offered the following reso- and whose salary shall be paid by the lution, which was read: county. Resolve(d That when this Convention Also, one abolishing the registers' courts, adjourn to-day it adjourn to meet on and vesting their jurisdiction in the orTuesday, December 3. phans' courts, and abolishing the office of The, question, will the Convention pro- register of wills, and vesting the powers ceed to the second reading and considera- and duties thereof in the clerks of the ortion of the same? was determined in the phans' courts. negative. Mr. JOHN PRICE WETHIERILL offered CONSTITUTIONAL CONVENTION. 95 the following resolution, which was read Patton, Purviance, John N., Read, John and laid on the table: R., Reed, Andrew, Reynolds, James L., Reynolds, S. H., Rooke, Runk, Russell, RESOLUTION OF I1STRUJCTION TO COM- Simpson, Struthers, Temple, Turrell, MITTEE ON CITIES AND CITY CHARTERS. Walker, Wetherill, J. M., Wetherill, Jno. WHEREAS, The people of every section Price, White, David N., White, tHarry, of the State should be supreme in the White, J. W. F., Worrell and Meredith, management of their own local affairs, President-74. and the central authority should be re- So the question was determined in the stricted to such matters alone as concern negative the interests of the whole; therefore, IV.r. W aVIGXET Offered the following reso. Resolved, That the Committee upon Cit-. w lution, which was read and laid on the ies and City Charters be requested to re- table: port upon such alteration of the organic law, so as to remove the obstacles which have thus fr preented the success of lation inquire into the expediency of re-.have thus farprev dthe success of.stricting, by an appropriate amendment municipal legislation by an amendment muncpallegsislatuion iby all anhendmene further grants to corporations or other to the Constitution prohibiting the Legispersons of privileges or rights in, over or lature regulating county or township affairs, incorporating cities, towns or villa- upon the rivers, creeks and streams of the Commonwealth. ges, or changing or amending the charters of the same, so that in all cases where a Mr. CAMPBELL offered the fllowing general law can be made applicable no resolutions, which were read and laid on special law shall be enacted. the table: Mr~. MWM. IH. ~SMITH offered the follow-~ Resolved, That the Committee on Legislation be requested to inquire into the exing resolution, which was read: Resolved, That when this Convention pediency of increasing the number of eCmembers in the Senate to fifty and in the adjourn to-day it adjourn to meet in Phil- membes in the Senate to fifty and in the adelphia, on Tuesday, January 14, 1872. ousetotwo hundredand twenty-ve. Resolved, That the Committee on RailOn' the question, will the Convention roads be instructed to inquire into the exproceed to the second reading of the reso- pediency of so amending the Constitution lution? as to prohibit a railroad or canal company The yeas and nays were required by fiom holding, leasing or purchasing from holding, leasing or purchasing, Mr. Lawrence and Mr. IHarry White, and whetherin its own name or by means of were as follow, viz: an association created for the purpose, Y E A S. any coal or mining lands within the Commonwealth, and also to prohibit any such Messrs. Addicks, Baer, Baker, Beebe, company from carrying on any business Boyd, Campbell, Church, Corbett, Corson, except that of common carriers. Cronmiller, Davis, Dimmick, Gilpin, Hay, Mr. J. M. WETHERILL offered the folIiemphill, Heverin, Ilunsicker, Long, M'Camant, MJMIurray, Palmer, G. W., owing r hich was read: Palmer, H. W., Patterson, T. H. B., Por- Resolved, That the Secretary of the ter, Purviance, Samuel A., Ross, Sharpe, Commonwealth be requested to furnish mith, Henr W., Smith,W. H., Stanton, this Convention with such information as Smitewarth,Woorward and Wright-a33. may be among the records of the Executive Department, of the number of perN AYS. sons killed or injured in the working of Milessrs. Achenbach, Alricks, Andrew~s,'mines in the State during the years 1869, Baily, (Perry,) Bailey, (IHuntingdon,) 1870 and 1871. Bannan, Barclay, Black, CharlesA., Bow- On the question,will the Conventioi mnan, Broomall, Brown, Charter, Cassidy, proceed to the second reading of the resoClark, Collins, Curry, Curtin, Dallas, Dar- lution? lington, De France, Dodd, Dunning, Ed- It was determined in the negative. wards, Elliott, Ellis, Ewing, Finney, Ful- Mr. Ross offered the following resoluton, Funck, Guthrie, Hall, Heanna, Har- tions, which were read and laid on the vey, HEazzard, Horton, Howard, KEaine table: Lamnberton, Landis,, Lawrence, Lilly, -Resolved, That the Committee on DeelaM'Allister, M'Clean, MacConnell, M'Cul- tionsof Rights be requested to inquire into loch, MacVeagh, Mann, Mantor, Minor, the expediency of abolishing the grand Mott, Newlin, Niles, Patterson, D. W., jury system. 96 DEBATES OF THE Resolved, That the Committee on Judi- present orphans' court, and all other matciary be requested to inquire'into the ters relative to the estates of decedents. expediency of so amending section second, Mr. HANNA offered the following:resoarticle fifth, of the Constitution, that the lutions, which were read and laid on the same shall provide that all judges, other table: than judges of the Supreme Court, shall Resolved, That the Committee on Legisnot be required to reside within the dis- lation, when appointed, be instructed to trict or. county for which they were report the following as a Constitutional respectively elected. provision, viz: Mr. LAMBERTON offered the following No bill shall be passed by the Legislaresolutions, which were read and laid on ture containing more than one subject, the table: which shall be clearly expressed in the Resolved, That the Committee on Leg- title, except appropriation bills; but if lation be instructed to inquire into the the title contain only one subject. the bill expediency of providing that no bill shall shall be valid as to that and void as to all become a'law without the concurrence of other subjects. No law shall be revived, a majority of the members elect to each altered or amended by reference to its House. title only, but the act revived, or the seeBResolved, That the Committee on Elec- tion or sections thereof as altered or tions be instructed to inquire into the ex- amended, shall be re-enacted and publishpediency of providing for the election of ed at length. all judges at some other time than that Resolved, That the Committee on Execuprescribed for the election of Governor tive Department, when appointed, be inand members of the Legislature. structed to report upon the expediency of Mr. WM. H. SMITH offered the follow- providing for the election by the people, ing resolution, which was read and laid in addition to a Governor, of a Lieutenant on the table: Governor, who shall be the presiding offiResolved, That no law shall be passed cer of the Senate and appoint all commitgiving to contractors, builders landlords, tees thereof. And also the election, by or any other class of creditors, preference the people,of State Treasurer and Attorney or priority in liens against the personal or General. real property of anS debtor. M. Mr. JM. BAILEY offered the following Mr. DUNNING'offered the following resolution, which was read and laid on resolution, which was read and laid on the table: the table: Resolved, That the Committee on RailResolved, That in case the Constitution roads and Canals be instructed to report shall be so amended as to authorize the a Constitutional provision prohibiting appointment by the Governor of the' railroad and canal companies from makjudges of the several courts of common ing, in their rates of transportation, unjust pleas of this Commonwealth, all such ap- discrimination against local freight. pointments shall be referred to the judges Mr. LANDIS offered the following resoof the Supreme Court for confirmation. lution, which was read and laid on the Mr. CHURCH offered the following reso- table: lutions, which were read and laid on the Resolved, That the Committee on Legistable: lature inquire into the expediency of so Resolved, That the Judiciary Committee amending the Constitution that no membe instructed to inquire into the expedi- ber of the Legislature shall receive comency of-so amending the Constitution as pensation for services as a member of a to abolish the office of associate judge in special committee of either House. the several judicial districts where such Mr. G. W. PALMER offered the followofficer is not required to be learned in the ing resolution, which was read and laid law. on the table: Resolved, That the Judiciary Committee Resolved, That the Committee on Oath be instructed to inquire into the expedi- of Office be instructed to. inquire into the ency of so amending the Constitution as expediency of amending the eighth arto provide for the abolition of the office of tide of the Constitution, so that the same register of wills, and provide for the ap- shall read, as follows: pointment of probate judge in each coun- - All civil officers shall, before they ty, who shall be learned in the law, and enter upon the duties of their respective have the powers and jurisdiction of the offices, take and subscribe, before some CONSTITUTIONAL CONVENTION. 97 person qualified by law to administer Mr. CASSIDY offered the following resooaths, the following oath or affirmation: lutions, which were read and laid on the "I do solemnly swear (or affirm, as the table: case may be,) that I will support the Resolved, That the Committee on Cities Constitution of the United States and the and City Charters be instructed to report Constitution of the State of Pennsylvania, how far it is expedient to amend the Conand that I will perform the duties, of my stitution so as to provide that there shall office with fidelity, and according to the be elected in every city of over one hunbest of my ability; and that I have not, dred thousand inhabitants two citizens of personally or otherwise, paid or con- said city, wvho shall be called commissiontributed any money or other valuable ers of elections, and that in said election thing, or made any promise to, directly or each qualified elector shall vote for one indirectly, influence any vote, or to in- commissioner, and the two persons having duce-any other person to vote or work irn the highest number of votes shall be my favor at the election at which I was elected,-and shall hold their offices for five chosen to fill the said office, and have not years. The officers so elected shall. have accepted, nor will I accept or receive, the exclusive supervision and control, directly or. indirectly, any money or while an election is progressing, of the other valuable thing from any corpora- election officers in said city, provide for tion, company or person, for any vote or and furnish all books and papers necesinfluence I may give or Withhold, or for sary to carry on the election, and the the performance or non-performance of custody of the papers, boxes and ballots any official act." at the conclusion of the same. The salary This oath shall, in the case of all State of the commissioners shall be fixed by officers, be filed and recorded in the office the councils of the cities electing said of the Secretary of the Commonwealth,. officers. All appeals by citizens as to the and in the case of county and township unfitness of the persons selected to act as officers, in the office of the prothonotaries election officers, and all complaints in of their respective counties. reference to said officers, or to the mode Any person who shall swear falsely, or of conducting the election, shall be made knowingly vioJate his oath, shall be to said commissioners; and in the event guilty of perjury, and, in addition to the of their being unable to agree upon any penalties thereof, shall forfeit his office, subject, one of the commissioners shall and be forever disqualified from holding request the attendance of a judge of the, any office of profit or trust in this Com- Supreme Court of this Commonwealth, nlonwealth. not a citizen of said city, to appear and act Mr. ANDREW REED offered the follow- with commissioners, and a majority eoi ing resolution, which was read and laid the-board as thus constituted shall finally on the table: decide the matter upon which the comResolved, That no bill shall become a missioners were unable to agree. law unless it be passed in each House by SECT. 2. It shall be the duty of the Sua majority of the whole number of mem- preme Court of this Commonwealth to bers elected, and on its final passage the appoint one of their number, not a citizen vote shall be taken by yeas and nays. of a city aforesaid, to attend at least twenMr. WVooDwARD offered the following ty days before an election, as well as on resolution, which was read and laid on election day, at any city, as hereinbefore the table: mentioned, for the purpose of discharging Resolved, That the Committee upon the duties provided for in the preceding Suffrage, Election and Representation be section. instructed to inquire into the expediency SECT. 3. All canvassers and officers of so amending the Constitution as to created for the purpose of registering or abolish the secret ballot, and to require preparing lists of voters, or persons in any all voting to be viva voce. way concerned therein, shall be appointed Mr. MNSTN Offered the following reso- by the- commissioners of elections. lution, which was read and laid on the SECT. 4. The commissioners shall, imtable: - mediately after their election, on the Resolved, That rule thirty-six.be and second Tuesday of May, 187-, cause the the same is hereby amended, by adding said city to be divided into election disthe words, " which declaration shall be tricts, of not more than one hundred elecnade before the name of the President is tors each, and also provide that all eleccalled." tions shall be by open tickets, and that 98 DEBATES OF THE the returns of elections shall be finally On the question, shall the resolution be made up in the presence of the judges of read a second time? the court of common pleas of the county. A division was called, resulting in a in which the cities are, and the certificate vote of sixty-two in the affirmative to forof the result be signed by them. ty-seven in the negative.,SECT. 5. That the Legislature meeting So the question was determined in the after the adoption of this Constitution affirmative, and the resolution was read a shall at once proceed to enact such laws second time. as will carry out the purposes of this Mr. H. G. SMITH moved to amend, by amendment. striking out the words "December 2, R1?esolved, That the C~ommittee on the 1872," and inserting in lieu thereof the Judiciary be instructed to inquire and re- words "next Monday." port on the propriety of amending the Mr. LILLY moved to furtheramend, by Constitution so as to provide that all striking out the words "twelve o'clock, judges learned in the law shall hold their and-inserting "three o'clock P. M." offices for a term of twenty years, and Ir. H. G. SMITH accepted the anlendthat the judge serving such term shall ment of Mr. Lilly. Mr. TEMPLE. Mr. President: The reanot be eligible for re-election. TheIjudges afoesidnottobeles son I offered that resolution is that during The judges aforesaid not to be less than next week Thanksivig taes place, and thirty-five years of age at the time of their t e n te it is very evident that if the Convention election, and upon retiring, after serving should adjourn until some day in the early should adjourn until some day in the early the term aforesaid, to receive one-half of part of next eek it will be very esaar anulldrigher v e s. part of next week it will be very incononelMr D. F.t Murphy having received a maCamant, 1VM'Connell,:M'Mu rDray,MManto r, Minor, MottPatterson,D. N, Pa jority of all the votes cast was declared Minor,i Mott, Patterson; D. N. Patterson,'I\IrT. H.:3o Bt, Porters;, Purmf n.t;tn, Pelected stenographer for the Convention. Purince, Mr. BUCKALEW offered the following John N., R-ead; John R., Sharpe, Simp- resolution which was twice read and son, Smith, H. G.,: Smith, W. H., Stanton, adopted: Struthers, Temple, Turrell; Wetherill, J esoved Thag reporters be M., Wherry, White, J. W. F., and Worrell-465. ~;continued until the mreeting of, the Convention in Philadelphia.' ~.N A Y S. N A YESOLUTIONS. -Messrs. Ainey, Andrews, Baily, (Perry,) Mr. KAINE offeied the following resoluBiddle, Black, Charles A.;Carey, Chiirch, tion, which was: twice read and adopted: Cochian, Colliins, Corbett, Curry, Dim- Resgloved, That the Committee on Acmicek, Dunnfing, OFell, Fulton, —Funck, counts report by -o-morrow the: account Hanna, H-Iopkins, KnI(ighit, Lamberton, of said members for:stationery, postage Landis, Lawrence, Lilly, M'Culloch, Mac and contingent expenses and mileage for Veagh, Mann, Patton, Pughe, Reed,: An- one:session, according to the provisio'is of CONSTITUTIONAL CONVENTION. 129 the act of Assembly convening this Con- an employee for refusing to work longer vention. hours; and that all laborers and mechanMr. HAY offered the following resolu- ics employed by the. State, or by any tioll, which was twice read and adopted; county, city, township or borough, on conResolved, That the delegates furnish to tracts or otherwise, shall conform to these the Clerk a statement of their respective hours, and -shall receive the same complaces of residence, with the. distance of pensation therefor as for ten hours' labor. the same from Harrisburg, for the use of Mr. M'ALLISTER offered the following the Committee on\Accounts and Expendi- resolution, which was read and referred tures of the Convention.. - to the Committee on Judiciary: Mr. WHERRY offered the following reso- Resolved, That the Committee on Julution, which was twice read and adopted: diciary be instructed to imnquire into the Resolved, That the Constitution of this expediency -of so amending the second Commonwealth, the act of Assembly au- section of the fifth article of the Constitutiorizing:a popular vote on the question tion that the president judges of the sevof amending the Constitution, the act of eral courts of common pleas shall hold April 11, 1872, to provide-for calling a Con- their offices for the term.of fifteen years, vention toamend the Constitution of the and shall not be re-eligible. State, and the returns of the election held Mr. H. W. SMITH offered the following under the first mentioned act be prefixed resolution, which was referred to the to the Journal of this Convention. Committee on Judiciary: Mr. WHERRY offered the following Resolved, That the second section of the resolution,.which was twice- read -: fifth article of the Constitutionbe changed - Resolved, That the Secretary of the —-toread as.follows: Commonwealth be. requested to-.:furnish Ithe.judges of the several courts shall the Secretary of this Convention with a hold their offices during good behavior, certified statement of thie number of votes but for any reasonable cause which shall given in each county for and against a not be.sufficientjground of impeachment Convention at the general election in.the the Governor may remove..any of them year 1871. on-the address of two-thirds of each branch Mr. WOODWARD offered the following of the Legislature. The judges shall reresolution, which was read and laid on ceivefor their services an adequate comthe table: pensation, to be fixed by law, which shall Resolved, That the rules be amended, by be neither increased nor diminished duradding the following, to be Rule XL: ing their continuance in office; the Gov"That after the reading of the -Journal ernor shall nominate, and by and with each day the Secretary shall call the roll the advice and consent of the Senate, of members, note the absentees, and pub- appoint'the judges; and shall fill all valish their names in two daily newspapers cancies that may.happen during the recess of opposite politics." of the Senate by granting commissions Mr. WORRELL offered the following which shall expire at the end of their resolution, which was'read and referred next session; Provided, That in acting on to the Committee on Judiciary: - executive nominations, the Senate shall Resolved,; That'all the courts of. the -'sit with open doors, and in confirming or Coimmonwealth: shall adopt and -publish rejecting the nominations the vote shalf rules for: the orderly transaction of busi- -be taken by yeas and nays. Any person hless, having regard; as far as practicable, appointed judge after confirmation by the to the chronology, the suit or issue, or Senate shall foreverthere after be incapaprosecution or indictment. ble of holding any other office under the Mr. M'CAMANT offered the following Constitution and laws of Pennsylvania resolutions, which were read and referred other than that of a judge. to the Committee on Industrial.Interests Mr. HAZZARD offered the following resoand Labor: lution, which was read and referred to the Resolved, That the Legislature shall Committee on Declaration of Rights: prohibit the employment of children un- - Resolved,- That trial by jury in all cases der the' age of twelve years in any mine, in which ithas hitherto been used shall breaker or manufactory in the State. remain inviolate, except in suits in jusResolved, That eight hours shall consti- tices' courts permission may be made by tute a legal day's work, and that the Leg- law for trial byj ury of'less. than twelve islature shall prohibit, by penalty, any in- men, and in each case two-thirds of. their dividual, firm or corporation discharging number may find a verdict; but a trial by *9 130 DEBATES OF THE jury may be waived by the parties in all SECT. 8. The salaries of said justices civil suits. shall be the only compensation allowed Mr. HAZZARD offered the followingreso- them, and all fees, costs or fines which lution, which was read and referred to the shall be received by them shall be paid Committee on Counties, Townships and over monthly to the county treasurer. Boroughs: SECT. 9. Proceedings in said justices' Resolved, That article twelve of the Con- courts shall be oral, and no written pleadstitution be so amended as to strike out ings shall be used or permitted. the words'"of such county," and insert SECT. 10. The jurisdiction of said jus"of two-thirds within the new boundary," tices' courts shall extend to all matters or and that the matter be referred to the causes now cognizable aldermen of said Committee on Counties, Townships and city, but the limit of their jurisdiction in Boroughs. civil causes shall be extended from the Mr. CAMPBELL offered the following sum of $99 99 to the sum of $250, and in resolution, which was read and referred criminal causes to misdemeanors where to the Committee on Judiciary. the imprisonment is not for a longer time Resolved, That the Committee on the than one month, nor where the fine imJudiciary take into consideration the fol- posed is not greater than $100: Provided, lowing proposed change in the Judiciary That the judgments of said courts, in system: causes where the amount involved is not SECT. 1. In the city of Philadelphia, in greater than $25, shall be final. lieu of the present aldermanic system, SECT. 11. Juries of seven pesons may there shall be chosen justices' courts. be empanelled for the trial of causes in SECT. 2. The justices of said courts shall is demanecl be at least thirty years of age and not over by any defendant or persons accused of sixty-five, and. shall be regularly ad- comitting a misdemeanor: Provided, mitted practicing attorneys of some court That a majority of any jury may render a of record in said city for at least five years verdict, which shall be as conclusive as it previous to their election. rendered by the whole number. SECT. 3. The said city shall be divided Mr. PUGIE offered the followng resoluby the Legislature every ten years into tion, which was read and referred to the dlistricts, containing at least forty-five Committee onExecutive Department: thousand inhabitants,, according to the Resolved, That the proper committee be next preceding federal census, in each of instructed to inquire into the expediency which districts there shall be elected three of establishing a bureau of statistics, justices. in the manner hereinafter set especiallyprovidingforanefficient systen forth... of registrations of births, marriages and SECT. 4. Said districts shall be of equal deaths. population as near as may be, and in their Mr. AINEY offered the following resoluIormation the wards composing each dis- tion, which was read and laid on the table: trict shall be contiguous to each other, Resolved, That joint sessions be authorand not more than one ward shall be di- ized and Iecommended by such standing vided in any two districts. committees as have referred to themn ditSECT. 5. Said justices shall all be elected ferent branches of the same subject matr upon the: same day throughout the city, ter, to the end that their reports may be except in cases of vacancies, occurring by in harmony and consistent; and when so death, resignation or disability, which convened the chairman of the committee shall be filled by special elections for. the first named in the list of the committees unexpired terms. shall preside.' SECT. 6. In voting for said justices each Mr. CARTER offered the following resovoter may cast as many. votes for one can- lution, which was read and referred to the didate as there are justices to be elected Committee on Militia: in the districtor may distribute the same, Resolved, That the proper committee be or equal. parts thereof, among the candi- directed to inquire whether those memdates, as he shall deem lit, and the three bers of religious societies who are opposed candidates highest in votes shall be de- to war on christian principles should not clared elected.. be exempted from the penalties of refusal SECT. 7. Said judges shall be paid uni- to perform military service. form annual salaries, which shall not be Also, the following resolution, which increased or diminished during their was read and referred to the Committerm of office. tee on Suffrage: CONSTIrJUTIONAL CONVENTION. 131 Resolved, That the appropriate commit- "After the Journal has been read the tee be instructed to inquire whether the words' and roll of members called;'"' and general State elections be held on the first that the following additional rule be Tuesday after the first Monday in Novem- adopted, viz: her, unless changed by a two-thirds vote XLIII. That the roll of the members of both branches of the Legislature. shall be called upon the assembling of the Mr. COLLINS offered the following reso- Convention, and the names of the memlution, which was read and referred to bers present, together with the names of the Committee on Education: the absentees, shall be enrolled on the Resolved, That no part of. the funds of Journal of the Convention. any school district shall, in any manner, Mr. BRODHEAD offered the following be placed under the control of any relig- resolution, which was read and referred to:ious denomination, or in any manner be the Committee on Declaration of Rights: appropriated to the support of any school Resolved, That the Committee on Declaunless the same is regularly established ration of Rights be instructed to inquire by and under the exclusive control of the into the propriety of amending the directorsof such school district. eleventh section of the Declaration'of Mir. a(~ILPIN offered the~ following reso- Rights so that it shall read as follows: lution, which was read and referred to I" That all courts shall be open, and every the C~ornmittee on Declaration of Rig~hts: man, for an injury done him in his lands, Resolved, That the Cornmmittee on the goods, person or reputation, and in bhe DeclarationofRightsbe directed to inquire management of his business and estates, whether section seventeen, article ninth ofentrusted to him in a trust the Constitution of Pennsylvania should or fiduciary capacity, shall have rnecmy not be altered and amended so as to read, in the due course of law by hirrself or his'That no -post faet law, retroactive law counsel, and right and justice adminisor any law impairing contracts, shall be tered without sale, denial or delay." Made, nor shall any law be passed de- Mr. iOWARD offered thefollowing resopriving a party of any remedy for the en- lution, which was read and referred: to forcement of a contract which existed the Committee on Public and Municipal when the contract was made." Debts and Sinking Funds: iMr.: TEEMPLE offered the following reso- Resolved, That the Committee on Legislution, which was read' and referred to lation be instructed to consider and report the Committee on Suffrage, Election and upon the propriety of requiring the Leg Representation: islature to prepare and pass two approResolved, That the Committe on Suf- priation bills at each session, the first one frage, Election and Representation be re- to be entitled " n act to provide for the quested to inquire into the propriety of so ordinary and necessary expenses ot the amending the Constitution as to guarantee Commonwealth, and in this act provile to men and women an equal right of suf- for all the ordinaryand necessaryex~rage. - penses, including payments of the principal or interest of the public debt, and no Mr. - CORSON offered the following resoMr-o oeredthefo i r eo appropriation in said act to be made for lution, which was read and referred to any other purpose. Second: Thatat any the Committee, orn- Suffrage,ii EIlection and time, not less than ten days after the final Representation: - -pRepresentation:' passage of said first act, another bill may Resolved, That the word "white" be Resoled, That the word white" be be introduced and passed, entitled "An stricken from article three, section one of act making appropriations for miseelLathe Constitution. neous purposes," this second act to ermMr. DoDD offeredthe followingeresolu, brace charitable and such other approtion, which was read and referred to the priations as the Legislature may have Committee on Declaration of Rights: authority to make. Resolved, That~the Committee on Decla- Also, the following resolution, which ration of Rights be instructed to add was read and referred to the Commitee thereto "no retroactive law shall be en- on Public and Municipal Debts and Sinkac~ted." ing Funds: Mr. HANNA offered the following reso- Resolved, That as soon as the funds, aslution, which was read and laid on the sets and securities in the Sinking Fund at table: the time this: provision shall be in force Resolved, That rule seven be amended, shall be paid out and applied according to as follows, viz: law, the said Sinking Fund shall be dis 132 DEBATE S OF'TH continued,- and no money or other vaBlua dences of indetednbenc's to bhe Caommonble thing shall be' placed in said Sinking' wealth by corporations, whether such eviFund after this provision shall be in force, dence of indebtedness shall be found in except payments on account of obliga- bonds, ccmtracts> agremnents, -obligations,. tions now in said Sinking, Fund. or in any act o — acts or provisions of the Also, the following resolution, which Legislaturve, and; now in or pledged. to or was read and referred to, the Committee assigned to. theSinlking Fund by the C(onon Revenue, Taxation and Finance: stitlution, or -any act of the Legislature, Resolved, Tlat the Committee upon and to be ppli to the payment of the Taxation, Revenue and Finance be in- public debt, shall be and remain as now structed: to consider and report upon the providedby law, and. tthe Legislature shall propriety and expediency of creating a have no power to release, satisfy, remit, financial Board of Control,.to. consist of exclhange; ori in many manner modify or tlie heads of departments of this CoMn- impair the same; and the same shall so monwealth, whose. duty it shall be to remain until the same shall be extin.prescribe a mode of depositing all publie guised by:-payment as now provided by funds and the. manner of drawing for the law, anda all. the proceeds shall be applied same, and that all public funds shall be to the. paynment of the public debt and to deposited, upon sufficient security, after no other.purpose.. due public notice, with such banks, bro- Also,.the- following resolution, which kers, or exchange brokers doing a bank- was read and referred; —to the Commit — ing business in this State as shall - agree to tee on RevenueI Taxation. and Finance: pay the Commnonwealth- the best rate of Resolved, lThat the Legislature shall not. interest on daily or weekly balances, and delegate power to individual, or private pay all drafts on demand; said Board to corporations to.. levy taxes, and all prohave power to remove deposits when the perty, except public property, shall be safety of the same shall require it. taxed accord.ing to its value; and. the LegAlso, the following resolution, which islature shallbe -prlohibited fiom exemptwas read and referredt to the Committee ing propertyfrom taxation;and alltaxation on Education: and valuation shall be uniform throughResolved, That the Committee on Edu- out the -State, and the Legislature shall cation are instructed to consider and re- prescribe regulations for carrying this latport a plan whereby authority shall be ter clause into effect. No poll tax shall be given by general law to prescribe the levied, except for school purposes, and number and kind of books that shall be for that purpose a poll tax shall be levied used in the public schools of this Comr- of not less than one dollar on each poll. monwealth, and to report whether it Also, the::..following. reso!ution, whichwould not conduce to the public good was rea.d and referre.d.to the same..comthat no change in books should be made mittee: oftener than once in fifteen years. Resolved, -That every law -yhich ilAlso, the following resolution, which poses, repeals, continues or revives any was read and referred to the Committee tax shall distinctly recite the tax and the on Public and Municipal Debts and Sink- object to.which.it is to be or has been aping Funds: plied, and it shall not be sufficient to refer Resolved, The Legislature shall not to any o'ther iawto fix or explain such have power to create commissioners to tax or object. perform any public duty for any city, Also, the following resolution, which county or township, with power to bor -wasread and-referrcd to the Committe row money, or levy taes, -or to executelartiof ights: police or municipal functions; and the n Ri ghs: Legislature shall not hae authority to esolved, That every citizen of this Legislature shall Commonwealth -owes - paramount alleconfer any of the powers of city, county or township officers upon commissioners, gane to the - nstitution and governtrustees or persons other than the regular -ent of the -nited States, and that no law or ordinace -of this.Coimonwealth, and du ly elected and properly constituted law or prdiaance of this Commonwealth authorities of the same. or of the citizens thereof, in contravention authorities of the same. Also, the following resolution, which orsubversion theeof, canhave any indwas read and referred to the same com- ing force. mnr~itt~ee: Also, the following, which -was read Resolved, That all bonds, obligations, and referred to the Committee on Legiscontracts or agreements, or other evi- lation: CONSTITUTIONAL CONVENTION. 133 Resolved, That the Committee on Legis- Resolved, That the Committee on Raillation be instructed to -consider and re- roads and Corporations be'requested to portrupon the subject of prohibiting the inquire into the exl ediency of amending Legislature from'increasing the fees, the Constitution so as to enlarge the rights salaries or emoluments of pers.ons in of stockholders, as follows: office, so that such increase shall inure to "In all elections for managers of any inthe benefit of persons in offile at the time c ompany under the laws of of such'inerease; and also to prohibit the this State every stockholder shall have Legislature from conferring such power the right to vote in person or by proxy upon any public authorities..' for the nuinber of shares of stock owned Mr. D. W. PATTERSO N offered the fol- by lnim for as many candidates as there lowing resolution, which was referred to are managers to be elected, or to cumuthe Committeee on Suffrage, Election and late said shares and give one candidate as Representation: many votes as the number of managers Resolved, That the Comittee on Suf- multiplied by his shares of stock shall frage, Election and Representation.be re- equal, or to distribute them on the same quested to consider the expediency of principle among as many candidates as incorporating in the article upon suffrage he shall think fit, and no by-law shall dethe following section, to wit: prive any stockholder of this privilege. SECTION -. Every male person of law- Mr. CLARK offered the following resoful age, having residence in any precinct, lution, which. was read and referred to election district, township or borough ln the Committee on Future Amendments: this State, shall be entitled to vote upon Resolved, That the Committee on Fuany proposition submitted at any meet- ture Amendments be instructed to ining or election to raise money by taxation quire into the expediency of providing upon the property of such person liable in the Constitution for the assembling of to taxation for any purpose whatever; and a Convention once in every thirty years no person shall vote upon any proposition to amend or revise the same; and of desubmitted to raise money by taxation at signating the qualifications of persons to any such meeting or election unless such be eligible as delegates to said Cony-enperson is the owner of property. that would tion. the mode or manner of their election, boe subjected to a tax, if the proposition so by what department of the government submitted should be carried at such meet- the said Convention shall be called, and ing or election. whether any, and if any, what restrictions Also, the following resolution, which of the powers of the Convention may be -was referred to the same committee: imposed by the terms of the call under Reso ed, That the public interest does which the Convention shall be assembled. not demand the, recognition of the prin- Mr. BARTHOLOMEW ofered the follow iple of "minority representatio.n or cu- ingrresolution, which was iead and remnulative voting" (so called) in the Con- ferred to the Committee on Judiciary: stitution of the State; that the said prin- Resolved, That the proper.committee be ple is not only an innovation upon exist- requested to inquire into the expediency ing suffrage, customs and systerms, but of preventing any person elected or apalso upon the democratic equality of the pointed to a judicial office from accepting citizen, and is also at variance with the any office, not judicial, during the term aardinal doctrine of our representative for which such person shall have been democracy or republican form of govern- elected or appointed, nor for four years ment. after the expiration of the term as aforeAlso, the following, which was referred said. to the same committee: Mr. J. N. PURVIANCE offered the folBesolve,0 That the Committee on Suf- lowing resolution, which was read and frage, Election and Representation be referred to the Committee on Legislarequested to consider the expediency of ture: giving the Legislature full power to pass Resoteed, That the Comimitte on Legislalaws excluding from the right of suffrage ture be instructed to inquire into the ex-.persons convicted of infamous erimes. pedciency of providing that the members of Mr. J. P. WETHERILL offered the fol- the General Assembly shall receive for lowing resolution, which was read and their services the sum of dollars per referred to the Committee on Private Cor- day during the first session held under this porations: Constitution, and ten cents for each mile 134 DEBATES OF THE lecessarily traveled in going to and re-'Mr. HARRY WTHIfE' moved to a-mend? turning from the seat of government, to by striking out all after the word "rehe computed by the Auditor General,.solved," and inserting in lieu thereofthe.. and thereafter such coinpensatiqn as shall following:, be prescribed by law, and no other allow- "That when this Convention adjourns. ance or emolument, directly or indirectly, on Wednesday next it will adjourn to for any purpose Whatever, except the meet on Friday, -the 29th inst., at ten sum of fifty dollars per session to each o'clock A2. M., after whi.ch it will meet, member, which shall be in full for post- from day to. day, in Harrisburg, until age, stationery, newspapers and all other December 13, acijourning on Saturdays at incidental expenses and perquisites; but twelve o'clock M.7 u.ntil three o'clock oln no chhnge shall be made in the compen- the following Mondays.' sation of members of the General Assem- The amendment was not agreed to. bly during the temn for which they may Mr. HAY moved to amend', by striking have been elected. The pay and mileage out "- the first Tuesday of January,"' andc allowed to each member of the General insert'" the fifteenth day of January." Assembly shall be certified by the Speaker The amendment was not agreed to. of their respective Houses and entered on l[Mr. WHERRY mxoved to amlnd the reso — the Journals, and published at the close lution, by striking out all after the word of each session.'resolved," an inserting in lieu thereof Also, the following resolution, which the following: was read and referred to the Committee "That when the Convention adjourns on Legislation: on Wednesday it adjoarn to meet on Resolved, That the Committee on Iegis-' Monday next at three no'locke t.' lation be instructed to inquire into the The amendmet was notagreed to. Om agreeing to the original resolutiol expediency ofprlviding that the General On a{reeing to the oliginal resoution. Assembly shall make no appropriation as amende, to adjourn from'to-morrowr of money ou~t of the State IT-easury in until Tuesday, the seventh of January, tco ainy private law. Bills making appropria- neet in Philadelphiationsfoib the pay of members and -officers The yeas and nays were required by Mr of the General Assembly, and for the Harry W1hite and Mr. Stanton, and were salaries of the officers of the government, as" follow, Yiz - shall contain no provision on any other Y EIA S. subject;' that no money shall be drawn from the TIeasury, except in pursuance Messrs Achenbaech, Addicks, Armoft an appro~pratidn made by law, and on strong, Baker, Bannan, Barclay, Bartholthe presentation of a warrant issued by Qmew, Beebe, Biddle., mack, Charles A., tlhe Auditor General thereon; and no Bowman, Boyd, Brodhead, Brown, Buckmoiney shall be dierted firom any appro- alew, Campbell, Carey, Church, Collins, priation mnade fcl any rpurpose, or taken Corbett, Corson, Curr, Cuyler, Davis,. from any fund whatever, either byjont Dimmiek, Dodd, Dumnin Ellis, Fell, or separate resolution. Finneyj Gilpin, Gwren, HJanaa, Iarvey, Hemphill., Hunsicker, Knight, Lilly, Also, the following resolution, which LHhnge MICansnt M Kra, M yntor was read and referred to the Committee on Long, MCamant, M'Murray, Mantor, asinor, Newlin, Patterson, T. H.B., PatExecutive Department:. Executive Dptment: toln, Porter, Pughe, Purman, Read, John Resolved, That the Committee on Ex-. R., Reynolds, S. H., Ross, Runk, Sharpe, ecutive Departmlent be instructed to in- Simpson, Smith, Henry W., Smith, W. quire into the expediency of providing IL, Stanton, Stewart, Struthers, Temple, that the Auditor General shall, within Turrell, Van Reed, Walker, Wetherill, J. forty days after the adjournment of each M., Wetherill, John Price, Woodward, session of the General Asseimbly, prepare Worrell and Wright-69. and publish a full statement of all money expended at suchi session, specifying the N A S. amount of each item and to whom and for Messrs. Alricks, Andrews, Baily, (Perwhat paid. ry,) Bailey, (Huntingdon,) Carter, Clark, Cochran, Curtin, Darlington, De France, Edwards, Ewing, Fulton, Funck, Gibsonl Agreeably to order, the Convention re- Guthrie, Hall, ilay, Hazzard, Hopkins, surned the consideration of tlhe resolution HEorton IHoward, Kaine, Lamberton, relative to tempiorary adjournment. Landis, Lawrence, M'Allister, MacCon CONSTITU.TIONAL CONVENTION. 135 nell, M'Culloch, MacVeagh, Mann, Mott, Carey, Church, Carry, Dodd, Ellis, GilbPatterson,'D. W., Purviance, John N., son, Gilpin, Hall, Hay, Hazzard, HemlpReed, Andrew, Reynolds, James L., Rus- hill, Hunsicker, Kaine, Landis Lawrence, sell, Wherry, White, David, N., White, Lilly, Long, M'Allister, M'Camnant, MI'Harry, White, J. W. F. and Meredith, Culloch, M'Murray, Mantor, Minor, Mott, President-42. Patterson, D. W., Patton, Purman, Read, So the question was determined in the John R., Reynolds, S. H., Sharpe, Siipaffirimative. son, Smith, H. G., Smith, W. H., Temple, Wetherill, J. M., Wetherill, Jno. Price, Wherry, White, Harry, White, J. W. F., Mr. BUCKALEW offered the following Wright and Meredith; President —55. resolution, which was twice read: N A YS. Resolved, That the first five committoes, as appointed by the President, meet at Messrs.Addicks, Aricks, Baily(Perry,) Philadelphia on the third day of January, Bannan, Bartholomew, Brodhead, Carter, to prepare reports for the action of the Cochran, Corbett, Corson, Curtin, DarlingConvention when it shall nieet pursuant ton, Davis, De France, Dimmick, Dunto the resolution of adjournment. ning, Edwards, Ewing, Finney, Fulton, #Mr. MACVEAoCH moved to amend, by Funck, Guthrie, Hanna, Hopkins, Horstriking out all after the word "resolved," ton, Howard, MacConnell, MacVeagh, and inserting in lieu thereof the follow- Mann, Newlin, Patterson, T. H. B., Poring: ter, Pughe, Purviance, John N., Reynolds. Resolved, That the standing committees James L., Runk, Russell, Smith, Henry be requested to proceed to the business W., Stanton, Struthers, Turrell, Van Reed, assigned to them during the recess of the Walker, White, David N. and Woodward — 45. Convention, so as to be able, if practicable, to report to the Convention on its re-assem- So the questionwas determined in time affirmative. bling in Philadelphia. On motion, the unanimous consent of The amendment was not agreed to, The amendment was not agreed to. the Convention was, given, authorizing On the question, will the Convention the President to refer to their appropriate agree to the -original resolution? committees the resolutions offered before The yeas and nays were required by the announcement of the committees, Mr. MacVeagh and Mr. DeFrance and and which were laid on the table without were as follow, viz: specifying the said references upon the Journal. YEAS. Mr. SIMPSON moved that the ConvenMessrs. Achenbach, Ainey, Andrews, tion do now adjourn. Armstrong, Bailey,((Huntingdon,) Baker, The motion was agreed to, and the Barclay, Beebe, Biddle, Black, Charles A., President adjourned the Convention unBowman, Brown, Buckalew, Campbell, til to-morrow morning at ten o'clock. 136 DEBATES OF THE TENTH DAY. WEDNESDAY, November 27, 1872. Resolved, That the Secretary of the The Convention met at ten oa'rlock A. Treasury of the 1United States be respectM., pursuant'to adjournment, the Presi- fully requested to inform-this Convendent, William M. Meredith, in the Chair. tion, in tabular for of the number of Prayer was offered, and the Journalof national banks in Pennsylvania, their yesterday's proceedings read and ap- names- and location, the date of their inproved, corporation, their capital stock respectively,'and which of them are employed IRESOLUTIONS. as fiscal agents of- the national governMr. WOODWARD. Mr. President:' I am ment in collecting, depositing and' disinstructed by the Committee on Private bursing the revenues of said government, Corporations to present the following reso- andto what amount annually any of said lution: banks are so employed. The resolution, as follows, was twice Mr. BARTEOLOMEW offered the followread: ing resolution, which was twice read andt Resolved, That the Auditor General be unanimously agreed to: requested to inform the Convention what Resolved, That the members of this private corporations, foreign or domestic, Convention hereby express their thanks (other than railroad' and canal com- to John A. Smull, Esq., Resident Clerk panies, and religious and charitable cor- of the House of Representatives, for the porations,) exist and are doing business valuable services rendered this Convenin this State, and that he state, in tabular tion by him during their session in Harform, the name and location of said. cot- risburg. porations, the general character of their Mr. M'ALLISTER. By instruction from business, the amount of their respective the Committee on Suffrage, Election and capitals actually paid in, with references Representation I offer the following resoto the several acts of Assembly under and lution: by authority of which the said corporations The resolution was read as follows: claim to exercise their respective fran- Resolved, That the resolutions and prochises. chises. KI.Iodletiurfpositions presented to the Convention, and referred to the C(ommittee on Sufthe honorable chairman -who has just ~- frage, Election and Representation, be fered this resolution what the corpora- printed for theuse of the committee tions are in reference to which he desires this in.rmaon. The resolution was read a second time. this information. Mr. M'ALLISTER. I will say that at an Mr..WOODwARD. The, Committee on Private Corporations had a meeting this early stage of the sessionthe Convention morning, and they considered the first determined against the printing of resoduty for them to do was to inform them- lutions and suggestions. At a meeting o1 selves as to what corporations exist in this committee last evening it was thought selves as to what corporations exist in Penns~ylvania. This resolution was the necessary to have the resolutions touchresult of their deliberations. We want ing this subject before.the committee, and this resolution authorizing the information, from the Auditor General, supposing him to be the proper officer printing of the resolutions and proposifrom whom to obtain it, as to what corpo- tions, referred to the ommittee on Sfrations exist, where they are, what their frage, Election and Representation, was thought advisable, and I was instructed to capital is, &c. The resolution was adopted. Mr. WOODWARD. By direction of the Mr. EWING. Mr. President: I believe same committee TI also offer the follow- several committees have instructed their ing~ resolut~ion: chairmen to report similar resolutions. I The resolution, as follows, was twice therefore offer an amendment, to strike.read and adopted: out the words "the Committee on Suffrage, CONSTITUTIONAL CONVENTION. 137 Election and Representation," and insert the entire cost of this printing. It would the words "all standing committees." be a very small matter to print the whole Mr. HARRY WHITE.' I call the atten- thing. I repeat that it is a very small tion of the — Convention to this proposi- matter, as, of course, it is not to be done tion. The Convention will observe that;in book;form'; but all the members of the it involves a very large item of expense. -Convention want to see these various It is a very liberal' resolution,. But I am propositions. Some members wouldlike not sure that -something of this kind the opportunity of examining these propoought to be adopted. I. would like- to sitions if they are not on the committees, have hadthesenseofthe Conventiononthe': and we do not want the chairmen to depropriety of this proposition however. It termiine what they shall see and what they is, familiar to the mnembers of this Con-' shall not. We want them all. Theaamendvention that day after day we have been ment I offered is the simplest and, I think, flooded with a series of resolutions. and will reach all. propositions. Some gentlemen have offer- The amendment to the amendment to the amendment as ed them out of respect to some constitu- not agreed to. ent who sent- them here; others have The amendment was not agreed to. been deliberated upon and carefully pre- The resolution was not agreed to. pared. This resolution'contemplates the Mr.' HUNSIcrKE offered the following publication of, every proposition that has resolution, which was twice read: been presented in this Convention I Resolved, That all'iresolutions relating submit that it will make a volume which to amendments to the Constitution be will be very large, and the item of ex- printed for the use of the Convention. pense will be very considerable to the Mr. HUNSICKER. Mr. President: The State. I merely call the attention of the reason I offer that resolution is that we Convention to the fact that I believe the all desire to, be informed of the proposiCongressional rule' is-certainly the leg- tions made for the amendment of the islative rule is such-that in all delibera- organic law. You cannot rely upon the tive bodies when printing is done, when public newspapers, because they are so a bill is read in place it is referred to the emasculated and lduplicated there that appropriate committee, and not until that even the authors cannot recognize them. committee report it is it printed, although Mr. HARRY WHITE. I would ask who some special proposition nay be printed isSto do the printing? on the request or order of the House. Mr. BUCKALEW'. The State Printer. Now I submit whether -it would not be Mr. HARRY WHITE. We'have no conbetter for the chairman of each individual tract with the State Printer. I do not committee to'make the'request for the think it is a business proceeding to rush printing'of a certain class of propositions. headlong into all these'things and trust The chairmen of committees have some to luck, and come in with a large bill in responsibility attached to them, and they the end. are expected to exercise some discretion Mr. NEWLIN. I will say that the Cornin thatregard, and if it is the pleasure of mittee on Printing will make a report on the Convention to have those propositions this stbject to-day. printed I think there should be some dis- Mr. DARLINGTON. I move to postpone cretioninthe matter. I am not, therefore, the'further consideration of the matter for in favor of -the proposition of the.'gentle- the present. man from Allegheny (Mr. Ewing.) The motion of Mr. Darlington was not Mr. WHERRY moved to amend the agreed to. amendment, by striking out the words The question recurred on agreeing to proposed to be inserted, and inserting the the resolution of Mr. Hunsicker. following words: Mr. BUCKALEW. I think there is a "Of all -the committees who have di- misconception in regard'to the matter of rected their chairmen to ask for the print- expense. In my opinion the printing of ing of the same."'; all these propositions in pamphlet form, Mr. EWING. I'cannot see any advan- and distributing them to the nenbers, tage in the amendment to the amend- will cost a very small amount of money, ment. It will include nearly everything. certainly not more than two or three hunIn regard tothe cost I apprehend certain dred dollars. It will be'observed they gentlemen here have taken up time in are all very short, and many of them will talking upon the question unnecessarily go on a single page, public document size. at an expense that would more than cover Now if gentlemen who have presented 138 - DEBATES OF THE propositions here expect to have them If they are to be printed as offered here I considered they must be printed. In think they would be of very little value, manuscript they pass into the hands of and I doubt very much whether a single the chairman, and then perhaps not until member of this Convention would exJanuary. Some are not written in the amine them. It would be a work of great best chirography, and it is difficult to read labor to undertake to look over and exthem, and members will not trouble amine all of them, and the expense of themselves to peruse them. Now with printing would certainly be very considerthis long interval until January there are able. I concur in the remarks of the gentlepeculiar reasons why we should have man from Philadelphia, (Mr. Wetherill,) them in print, because every member that we have two Transcribing Clerks, will then have an opportunity to deliber- whose business it is-and it was the intenate at home and consider everything that tion of the committee that made the rehas been suggested here. I think, for my port upon that subject that they should part, that the gentleman from Indiana, copy these very things, and hand them to (Mr. White) whose care over the treasury the various committees to which they were is proverbial throughout the Common- referred and to which they belong. If the wealth, has, in this case, exerted his pa- proposition was that certain resolutions, or triotic motives upon a comparatively whatever resolutions the chairman of any smtall point. particular committee might desire to have -Mr. JOHN PRICE. WETHERILL. 1 do not printed for their especial information, or agre.e that there is a necessity for the for the information of the Convention, it printing of all these resolutions. We would be more reasonable, but to just have elected two Transcribing Clerks, and print everything that has been offered, it would be very -easy for them to draw just as it has been offered, without regard off these resolutions and refer them to the to order, or subject matter, or anything committees. It seems to me that we will else, I think would do no good whatever. have plenty of committee work to do be- Mr. M'ALLIsTER. I hold fourteen resotween this. and January without reading lutions in my hand referred to the Comover and considering the immense mass mittee on, Suffrage, Election and Repreof resolutions offered in this Convention sentation. Half a dozen others have been during the last four or five days. There- presented and referred to the same comfore, inasmuch as the time of each mem- mittee this morning. That committee ber of the committees will be very fully have decided not to meet again until the occupied, I do not see that there is any (third day of January. These resolutions great force in the reason given by the gen- will be in the hands of the chairmen of tleman from Columbia (Mr. Buckalew.) the various committees and not in the My impression is that a great number.of hands of the members of the committees. the resolutions offered have been copied The gentleman from Fayette (Mr. Kaine) almost word for word from the different has remarked that the members of this Constitutions of the States, which we have Convention will not read these resolutions already printed uponour desks. Itseemsto when printed in pamphlet form. Prome that with these Constitutions andcwith bably they-will not read only those rethe information the Secretary of State has ferred to them, but, I think, a gentleman already given us, and with -the resolutions would be very derelict in duty if he recarefully drawn up by the Transcribing fuses to read a resolution referred to a Clerks, and presented to the chairmen of committee of which he is a member. the committees, the whole matter will be Why shall not every member of the comsatisfactorily settled. But a few moments mittees to which these resolutions have ago we re(-fused, by a large majority, to been referred have an opportunity to print these resolutions, and it seems to reflect on them and prepare himself for me that we should not, in so short a time, action on them? It seems to me that the alter that decision. only way we can discharge our duty is by Mr. KAINE. I would like to know, if having before us the subject matter rethis resolution should be passed, how ferred to us that we may examine it prothese resolutions are to be printed- perly. It was with that view that the whether they are to be printed seriatum, committee instructed me, as chairman, to as offered here from day to day in a book ask that the portion of the resolutions ~pamphlet, or whether the Clerk or some specifically referred to the Committee on other person will undertake to arrange Suffrage, Election and Representation them alphabetically or by committees? should be printed for their use, and it was CONSTITUTIONAL CONVENTION. 139 arranged that they should be sent to their it incites discussion I do not wish to press post-office addresses so that every member it. could be working on them. It does seem The resolution, as, follows, was twice to me a very important matter that ~this read, and, o.n motion of Mr. Newlin,referrinformatian should be made accessible in ed to the Committee on Printing and some way, not to the chairman alone, but Binding: to every member of the committees. Resolved, That five thousand copies of Mr. GIBSON moved to amend, by strik- the debates and proceedings of this Coning out all after the word 4"resolved," and vention, as reported by the official reinserting the following:: porter, be printed, four thousand to be " That a sufficient number of copies of supplied in sheets at the commencement the resolutions presented to be printed, of the second day's sitting after the debates so as to furnish each member of every and proceedings have occurred, and one committee with a printed copy of the reso- thousand to be bound in the style of the lutions referred to his committee." Congressional Globe. The form of publiMr. LAMBERTON moved to amend the cation shall be quarto, three columns to amendment of Mr. Gibson, by adding the the page, the type used brevier, except following words: that reports, the subject matter under de"And when printed that they be sent bate, and the yeas and nays shall be by mail, during the recess, to the mem- printed in minion. The paper shall be bers of the Convention." I of quality equal to that on which the Mlr. MAcVEAGH. I am not in favor of furthelr supplement to the act of ninth of the original resolution nor of the last April,, Anno Domini eighteen hundred amendment read but could we not have and fifty-six, regulating the public printunanimous consent to postpone this mat- ing and binding," laid on the table of ter until the Committee on Printing re- members, was printed. The expense of port, which it is ready to do? I move to the whole shall not exceed the sum of postpone the further consideration of this twenty thousand dollars; and Benjamin question until the Committee on Printing Singerly, of Harrisburg, ishereby selected have reported this morning. and employed to do the work, subject to The PRESIDENT. The motion is not in the supervision of the Committee on order to postpone to any definite time to- Printing, and to removal by this body, (day. should he fail to comply in all respects Mr. MACVEAGII. I move, then, that with the terms of this resolution. The the whole subject be laid upon the table. number of volumes to be printed under The motionof Mr. MacVeagh was agreed this contract not to exceed two, of one to. thousand pages each. Mr. BOWMAN offered the following resolution, which was twice read and unani-PORTS FROM COMMITTEES. nously agreed to: Mr. HAY, from the Committee on AcResolved, That this Convention tender counts and Expenditures, made a report, their thanks to General James L. Sel- which was read. fridge, Clerk of the House, and Thomas [For report see Journal.] M'Camant, for their services at the com- The resolution accompanying the remencement of the session. port was twice read, considered and Mr. BRODHEAD offered the following agreed to. resolution, which was twice read and On-motion of Mr. Buckalew, the conunanimously agreed to. tract entered into between the committee Resolved, That our thanks are herehby and D. F. Murphy, elected phonographic tendered to the clergy of the city of Har- reporer, was approved by the Convenrisburg for their attention and services tion; whereupon, Mr. Murphy appeared in behalf of this Convention. and was duly qualified, Mr.;COCHRAN. Mr. President: I be- [For contract, see report of committee in lieve it is in order to state simply the ob- Journal.] ject of a resolution before offering it. I Mr. NEWILIN, from the Comlnittee on have a resolution here which I would. o Printing and Binding, made the followpropose to offer on the subject of printing, ing report: for I feel very well convinced that the best-thing this convention can do is to get To the Constitutional Convention: rid of this subject before they aajourn. I The Committee on Printing and Bindask that it be read for information, and, if ing, to whom was referred the following: 140 DEBATES QF THE Resolved, That the' Committee on Print- It was determined in the affirmative, ing and Binding, when appointed, be di- and the resolution as amended was agreed rected to,report whether the contract be- to.' tween the State- and- the present public Mr. N-EWIUN, from the Committee on printer entitles such printer to the print- Printing and Binding, made e following ing and binding of the Convention -and if- report, which was read: their report on this subject be in the negative, then to receive-and report bids for To the Constitutional Convention: the printing and binding of the Conven- The Committee on Printing and Bindtion, - ing report the following: Respectfully report that the contract Resolved That the State Printer is not between the State and the present public: entitled,under his contract with the printer does not entitle such printer to the printing and binding of the Conven- and binding of the tion. The resolution was read a second time. They further report that they have not had time to receive and report to the Con- Mr. NWLIN. Mr. President: At this vention bids for its printing and- binding, hour, so late, I hesitate to say much upon as contemplated by said resolution. this question. But I desire, as briefly as (Signed) JAS. W. M. NEWLIN, possible, to state to the Convention the C~chairman. reasoning upon which the report of the The report was laid on the table. Committee on Printing is based, or rather Mr. W. H. SMITH presented the follow- the report of the majority of the Comminority report: membersed the follow-mittee. It seems to me that, in a great minority report: The undersigned, members of the Coin- ntmeasure, the sense of this Convention was mittee on Printing, dissent from the deci- tested upon this point, last week, in the siorn of the majority in relation to the right vote upon the adoption of so much of the of Mr. Singerly to the printing of the Con- report of the committee of fifteen as revention under his contract with the State. commended that a standing committee be In our opinion he has a just claim to the created, to be called the Committee on printing of the Convention under his con- Declaration of Rights. In other words, tract. \ sir, this resolution brings up the whole (Signed) D. N. WHITE, question of the powers and rights of this Convention, which are, or are claimed to Wm.r~, Hem. S26HITH82 HARRIss cBUnG, No'Nvoemer 26, 18'72. be, inherent in it as a Convention, without regard to any grant from any act of The report was laid on the table. Assembly, or any other power of existing government. And I will here say, before Printing and Binding, made the follow- proceeding to consider other points eming report, which was read and laid on the braced in this question, that in the Ilinois Convention of 1862 there was almost;To the Constitutional Convention: exactly a similar provision brought before The Committee on Printing and Bind- that body. There was an existing coning, to whom was referred the following: tract existing between the State of Illinois and an officer denominated the State Resolved, That five hundred copies of Printer. In that case the act of Assembly the rules, standing committees and list of the. names of delegates and officers, and calling that Convention ordered expressly their postoffice addresses, &c., be printed, should be done by the State Printer, so Respectfully report that said resoluRespectfuldly reportedd that said resolu- that, in that respect, the case was stronger tion should be adopted, and that the reso- in Illinois than it is here. But the Conlution heretofore adopted and partly exe- vention, by a motion, elected a printer of cuted, ordering one thousand copies of its own, after debating extensively the'the rules to. be printed, be rescinded. whole question of the power of the ConThe Convention resumed the considera- vention-the power inherent in the Contion of the resolution referred to in the vention outside of any ordinary legislasaid report, and which was offered by tion. They proceeded, by a very large Mr. Hanna on the twenty-sixth instant. majority, to decide that the Convention And the question recurring, will the Con- had full authority to elect its own printer, vention agreeto the amendment proposed without regard to the provisions of the by Mr. Dodd? act of Assembly. CONSTITUTIONAL CONVENTION. 141 Now there are two or three considera — The amendcment of Mr. Kaine was not tions to which I will call the attention of agreed to, and the question crecurred on the House in connection 8vith the con- the original resolution. tract of Mr. Singerly. I have nothing to Mr. W. H. SMITH moved to amend, by say with regard to the terms of that con- striking out all after the word " retract, whether they are cheap or not. I solved," and inserting the following: lkniow nothing iabout that: at present; I "That B. Singerly be authorized and have not considcleredit. Thereisthisabout required to execute the printing and it, that those-gentlemen connected with binding of this Convention under his the Convention who have been members contract for all the public printing of the of the Legislature know that,. although Commonwealth."' Mr. Singerly's contract, in general terms,.: The amendment was not agreed to, and authorizes him to. do all the State print-. the motion-recurred on the.original resoing, it is a fact not denied that he does lution. not, at the present time, under that con- Mr. HARRY WHITE moved to amend, tract, claim to do the printing of the Leg- by adding to the resolution the following: islative Record. So under that contract "Andthat'the Committee on Printing ithere -is a portion of the public printing and Binding be and is hereby authorized that' he does not- even pretend to claim. to confer with B. Singerly, the State However, as the, committee decided the Printer, in relation to the printing of the question upon the broad ground that the Convention, and if he will. agree to do all Convention had full power in the premi- such printing according.to.the rates of sesin itself, the subsequent question as to his present contract for the printing of the. meaning of this particular contract, the State, to enter into a contract in and the class, of work it covered, was not writing with the said Singerly, and report considered and was not reached. The the same to the Convention:. Provided, effect of adopting this resolution will be The committee shall receive bids from all to throw openthe printing of this Conven- persons desiring to contract for said printtion to public competition. Then if the ing." State Printer. bids lower than any one On the question, will the Convention'else, and we-take the lowest responsible agree to the amendment? bidder, of course he can get that contract. The yeas and nays were required byBut if not, the refusal to adopt this reso- Mr. Harry White and Mr. Addicks, and lution would be to shut the door to coml were as follow, viz: petition, and to decide that the contract Y E A:S. inade -by the Legislature is binding upon this.. Convention, when we have already MIessrs. Achenbach, Alricks, Andrews, decided that an express prohibition made Bailey, (Huntington,) Barclay, Black, by the same Legislature upon the same Charles A., Bowman, Brown, Buckalew, Convention has no binding effect what- Carter, Clark, Corbett, Corson, Curtin, ever. This, Mr. President, is a.very iln- Dimmick, Dodd, Dunning, Edwards, portant subject, and goes at the bottomnof Ewing, Fulton, Gibson, Gilpin, Guthrie, the whole powers of the Convention. But Harvey, Hopkins,. Horton, Howard, inasmuch as we are late in the session of Kaine, Lamberton, Lawrence, M'Allisthe day, and inasmuch as there is a gen- ter, MacConnell, M'Murray, MacVeagh, oral. desire among members to get away, Mann, Mantor, Mott, Patterson, D. WV., I will say no more at this time upon the Patterson, T. H. B., Porter, Purman, Pursubject. viance, John N., Reed, Andrew, Reynolds, Mr. KIN:E'lmoved to amend, by strik- S.H., Smith, Henry W., Smith, W. H., ing out the word "not." Temple, -White, Harry, White, J. W. F., Mr. GIBSON. Mr. President: 1 do not Woodward and Wright-51. wish to take up any time in making any - A remarks before this Convention, but there is a very familiar principle of law that no- Messrs. Addicks, Ainey, Baily, (Perry,) thing not contemplated' at the'time of a Baker, Bannan, Bartholomew, Biddle, contract can be included in it.' That dis- Black, J. S., Boyd, Brodhead, Campbell, xposes of Mr. Singerly'sclaim to the print- Cochran, Curry, Darlington, Davis, De ing.'But there is nothing lost.by passing France, Ellis, Funck, Hall, Hanna, Hay, this resolution, because I believe it is gen- Hazzard, Hemphill, Hunsicker, Landis, erally understood that no better contract Lilly, Long, M'Camant, M'Culloch, Newcan be got than the one with Mr. Singerly. lin, Patton, Pughe, Reynolds, James L., 142 D1BATES OF THE Ross, Runk, Russell, Sharpe, Simpson, Y EAS. Smith, Ii. G., Stanton, Stewart, StruthMessrs. Addicks, Ainey, Baker, Baners, Turrell, Van Reed Wetherill, J. M., ers, Turrell, Va Reed, Wetherill, J. M nan, Bartholomew, Biddle, Black, J. S., Wetherill, John Price, Wherry, Worrell nMreit, ident Boyd, Brodhead, Buckalew, Campbell, aznd Meredith, President-49d. Sod ter quesitionwsdete n.. Corson, Curry, Darlington, Davis, Ellis, So the question was determined in the Hanna, Hemphill, Hunsicker, Landis, affirmative. affMr. BRODmatve. D oved that the Con- Lilly, M'Camant, MICulloch, Newlin, Patton, Reynolds. James L., Reynolds, S. vention. do now adjourn. H., Ross, Sharpe, Simpson, Smith, Henry The motion was not agreed to. rW., Stanton, Stewart, Struthers, Temple, Mr. NEWLIN moved that the resolution I Turrell, Van Reed, Wetherill, J. M. and be laid on the table. On the question, will the Convention agree to the motion? NAYS. The yeas and nays were required by Messrs. Achenbach, Alricks, Andrews, Mr. Lilly and Mr. Newlin, and were as Baily, (Perry,) Bailey, (Huntingdon,) follow, viz: Barclay, Black, Charles A., Bowman, Y E A S. S - Brown, Carter, Clark, Cochran, Corbett, Curtin, De France, Dimmick, Dodd, DunMessrs. Addicks, Ainey, Baily,(Perry,) ning, Edwards, Ewing, Fulton, Funck, Baker, Bannan, Bartholomew, Biddle, Gibson, Gilpin, Guthrie, Hall, Harvey, Boyd, Brodhead, Buckalew, Campbell, Hay. Hopkins, Horton, Howard, Kaine, Cochran, Darlington, Davis, De France, Lamberton, Lawrence, Long, M'Allister, Ellis, Funck, Hall, Hanna, Hemphill, MacConnell, M'Murray,MacYeagh, Mann, Hunsicker, Landis, Lilly, M'Camant, Mantor, Mott, Patterson, D. W., Patterson, M'Culloch, Newlin, Patton, Reynolds, T. H. B., Porter, Purman, Purviance, John James L., Ross, Runk, Russell, Sharpe, N., Reed, Andrew, Runk, Russell, Smith, Simpson, Smith, H. G., Stanton, Struth- W. H., Wetherill, Jno. Price, White, Daers, Temple, Turrell, Van Reed, Weth- vid N., White, Harry, White, J. W. F., errill, J. M., Wetherill, John Price, Woodward, Worrall and Meredlith, Presi~Wherry and Worrell-43. dent-58. So the question was determined in the negative. Messrs, Achenbach, Alricks, Andrews, The question recurring, will the ConBailey, (Huntingdon,) Barclay, Black, vention agree to the resolution as Charles A., Black, J. S., Bowman, Brown, amended? Carter, Clark, Corbett, Corson, Curry, Mr. HOPKINs moved the previous quesCurtin, Dimmick, Dodd, Dunning, -Ed- tion, which was seconded by Messrs. wards, Ewing, Fulton, Gibson, Gilpin, Woodward, Kaine, M'Murray, Smith, Guthrie, Harvey, Hfay, Hazzard, Hopkins, W. H., Guthrie, Mott, White, J. W. F., Horton, Howard, Kaine, Lamberton, Clark, Corbett, Bowman, Smith, H. W., Lawrence, Long, M'Allister, M'Cdnnell, Gibson, Edwards, Corson, Patterson, T. Ml'Murray, MacVeagh, Mann, Mantor, H. B., Davis and White, Harry. Mott, Patterson, D. W., Patterson, T. H. On the question, shall the main quesB., Porter, Purman, Purviance, John N., tion be now put? Reed, Andrew, Reynolds, S. H., Smith, The yeas and nays were required by Henry W., Smith, W. H., Stewart, White, Mr. Simpson and Mr. Addicks, and were Harry, WVhite, J. W. F., Woodward, as follow, viz: Wright and Meredith, President-56. Y YEA E S. So the question was determined in the negative. Messrs. Achenbach, Alricks, AndrIwvs, Black, Charles A., Bowman, Brown, CarThe question thenl recurred on agreeing terlack, Corbett Corson Curtino DdC to the resolution as amended. ter, Clark, Corbett, Corson, Curtin, Dodd, to the resolution as amenLded' Dunning, Edwards, Ewing, Fulton, Mir. NEWLIN moved that the Conven- Funck, Gilpin, Guthrie, Hazzard, I-Ioption do no~w adjourn. kins, Horton, Howard, Kaine, M'Allister, On the question, will the Convention M'Connell, M'Murray, Mantor, Mott, Patagree to the motion? terson, T. H. B., Porter, Purman, PurviThe yeas and nays were required by Mr. ance, John N., Smith, Henry W., Smith, Newlin and Mr. Lilly, and were as follow, W. H., White, Harry, White, J. W. F., viz: and Woodward-38. CONSTITUTIONAL CONYENTION.o 140 N A Y S. of government whenever the Governor shall require them. No pardon shall Messrs. Addicks, iney, Baily, (Per- be granted without the consent of at least ry,) Bailey, (rhntingBdon,) Baker, four of the council, and in no case shall a Bannan, Bartholomew, Biddle, Black, pardon be J. S., Boyd, Brodhead, Buckalew, pardon be granted before conviction. J. S., Boyd, Broclhead, Buckalew, Also, the following, which was read ant Campbell, Cochran, Darlington, Davis, referred to the Committee on Legislature: De France, Dimmick, Ellis, Hall, Hanfna, Harvey, Hemphill, Hunsicker, Lambe'r- Resolved, That the Committee on the ton, Lawrence, Lilly, Long, M'Camant Legislature be instructed to inquire int,'-nullh, Mann, Ne' wlint,'the expediency of so amending the (ConM'Culloch, MacVeagh, Mann, Newlin, MatCurlochD.NMPacto, Mn, Andrew, stitution as to provide that Senators shalI Patterson, D. N., Patton, Reed, SAndew, be chosen by single districts; where a Reynolds, James., Reynolds, S H., district shall be composed of two or more Ross, Runk, Russell, Simpson, Smith, G, Stanton, Struthels, Temple, iTur, counties they shall be contiguous, and H. G., Stanton, Struthers, Temple, Tur- form, as nearly as practicable, conipact rell, Van Reed, Wetherill, J. M., Weth -or, as nealy as pacticable, pc erll, John PriedWtherryl, Worr* e - and territory; when a city or county shall be ereill John Pricen Wherry- Worrell and entitled to two or more Senators it shall Meredith, President-52. So the question was determined in the be divided by ward or township lines; no So the question was determined in the negative. city or county shall be entitled to morec And the question recurring, will'the than five Senators; Representatives shall Convention agree to the resolution as be chosen by single districts of contigucam-iended? ous and compact territory, composed of wards and townships, without to county Mr. MXCVEAGH rose to a'question of lines. order, viz: p Mr. STANTON offered the following reso"That when the previous question is ilution, which was read and referred to moved, and the question, shall the main ution, which was read and referred to question be now put, is determined in the Committee on Judiciary: WHEREAS, Numerous cases have octhe negative, the main question goes over curred in legal practice i which parties for the day." curred in legal practice in which parties'he Chair submitted the question to have been convicted of murder under circuestances in which juries have had their the Convention for decision; and on the stances question, is the point of order well taken? sympathies justly and properly excited in flvor of the accrased, ancwl hichj urieswerel e A division was called, resulting in a vote firmative to twenty- et obliged to find a verdict of guilty, of fifty-two in the afirmative to twenty < trusting to the pardoning power of the three in the negative. So the questionr Governor to exercise a clemency which was determined in the affirmative, and the Chair declared the main question out was beyond their own power; therefore, of the House for the day. Resolved, That the Committee on Judiciary be directed to inquire into the expeRESOLUTIONS. diency of so, amending the Constitution as Mr. STANTON offered the following reso- to provide for the rendition of the verdict lution, which was read and laid on the " guilty with extenuating circumstances," table: which verdict shall not render the acResolved, That the Committee on State cused liable to death, but to imprisonInstitutions and Buildings be increased ment for a term of years. to eleven members. Also, the following resolution, which Mr. DARLINGOTON offered the following was read and referred to the Comnmittee resolution, which was read and referred on Suffrage, Election and Representation: to the Committee on Executive Depart- Resolved, That the Committee on Sufmnent: frage, Election, &c., be instructed to conResolved, That the Executive Commit- sider the propriety of so amending the tee be instructed to inquire into the ex- Constitution as to provide that the time of pediency of so amending the Constitution holding the general elections of this Comas to provide that the judges of the Su- monwealth shall be on the first Tuescday preme Court shall, from time to time, ap- of November in each year. point eight discreet and competent per- Mr. W. H. SMITH offered the following sons, who shall compose the council of resolution, which was read and referred pardons. They shall serve without pe- to the Committee on Declaration of cuniary compensation, but their travel- Rights, intended to take the place of ing expenses shall be paid by the Trea- section seven of ninth article, and to be sury. They shall be convened at the seat referred to the committee on that article. 144 DEBATES OF THE In all prosecutions for libel the truth shall have a qualified veto on acts and nmay be given in evidence. And if it ap- ordinances passed by the city councils, peal to the jury that the matter charged the mode and manner of the exercise of to be libelous is true, and was published which shall be provided for in the charfor good motives and justifiable ends, the ters of such cities. accused shall be acquitted. The jury Mr. COLLINS offered tile following resoshlal I have the right to determine the law lution, which was read and referred to and tile facts. the Committee on Judiciary: iMr. STRUTHERS offered the following Resolved, There shall be exempt from:esolution, which was read and referred the liens of judgments, decrees of courts, to the Committee on Industrial Interests and from levy and sale, under the proand zLabor: cess or order of anlly court at law or Resolved, That the Committeeon Indus- equity in this: State, when the cause of t'riai Interests and Labor "be instructed to action shall have accrued, after the adopirlquire and report as to the expediency of tion of the Constitution, except for non-.a clause in the Constitution to prevent payment of taxes, or for a debt incurred legislation interfering with the rights of for the purchase or imnprovenllentlthereof, the employer and employee, to regulate a homestead to the value of not less than the hours of labor and prices to be paid one thousand dollars, or ilI lieu of a homebor the same by mutual ag'reement. stead, personal property of a like value to Mr. EWINGa offered the following reso- every debtor, for the use of such debtor, lution, which was read and referred to the such exemption to continue after the Committee on Private Corporations, For- desertion or death of a husband for the oign and Domestic, &c.: benefit of his wife or widow and minor Resolved, That the Committee on Cor- children. Such homestead shall not be porations be requested to inquire and re- alienated by the husband without the conport as to the expediency of inserting in sent of thewife, obtained in such manner tile Constitution the following provisions: as shall beprovidecd by law. First. The Legislature shall provide, by MI. LAfrBERTON difel the following general law, for the supervision and - resolutionreferred almination of the condition, business and to the Comllllittee on Executive Departassets of all insurance companies doing ment: busine~ssin tihe Commonwealth. Resolved, That the Committee on ExSecond. After July 1, 1874, no fire insu- ecutive, &c., be instructed toinquire into rance company (other than mutual) shall the expediency of so amending the Conbe permitted to transact business or take stitution as to provide for a council advisrisks oni property in any city inthis Com- ory to the Governor, to be composed of mluonwealthhaving a- populatioin of fifty ex-Governors of the Commonwealth, to thousand or upwards, Lun~less sucih com- considei and pass upon applications for pany shall at the time have a paid up at the time hpardons and remission of forfeitures. and unimpaired capital of not' less than ir C. A. BLACK offered the following five hundred thonusand dollars.' resolution, which was read and referred Also, the following resolution, which to the Committee on Declaration of Rights: was read and referred to the Committee In all prosecutions and civil suits oni Cities and C~ity Char~ters: for libel the truth may be given in eviResolved, That the Committee on Cities and City Charters be requested to inquire that tie latter charged as libelous is and report as to the expediency of pro- true, and was published with good moriding in the Constitution as follows: tives, and' for justifiable eiids, the verdict 1st. The electors of every city shall shall be for the defendant. choose a mayor, whose term of office shall be two years, and who shallbe chief execu- Also, the following resolution which was read and referred to the Comimittee tive officer thereof and who shllall see was ead and referred to the Comittee that the duties of the various city officers on Legislature: are faithfully performed. -No appropriation shall be made by the 2d. In cities having a population of one Legislature for extra pay or other comhundred thousand or upwards the mayor pensation beyond necessary clerk hire, shall bea salaried officer, and not entitled of any committee, standing' or special, to any fees' or perquisites in addition to appointed by the Senate or House of Rephis salary, and he shall not exercise any resentatives, when sitting at the seat of judicial functions, civil or crimninal.'-e government, and only for actual and CONSTITUTIONAL CONVENTION. 145 necessary expenses when sitting else- diency of providing, by legislative enactwhere. ment, that the expenses of the military deAlso, the following resolution, which partment of the State government shall was read and referred to the Committee be paid out of the general fund, and that on Legislation: no militia, or other special tax, shall be In case of a contested election in the levied or collected for any military purSenate or House of Representatives the pose. person only who is declared to be entitled Mr. TEMRPLr offered the following resoto a seat, by the House in whichl the con- lution, which was read and referred to test takes place, shall receive from the the Committee on Judiciary: State such compensation as received by Resolved, That the Judiciary Commitother members, and no appropriation tee be requested to inquire into the proshall be made by the Legislature for the priety of so amending the Constitution as pay of witnesses or other expenses of to abolish the grand jury system. either party. Mr. Ross offered the following resoluMr. BRODHEAD offered tete following tion, which was read and referred to the resolution, which was read and referred Committee on Sufirage,Election and Rento the Committee on Judiciary: resentation: Resolved, That the Committee on the Resolved, That the Committee on SufJudiciary be requested to take into con- frage, Election and Representation be relideration the propriety of a constitutional quested to inquire into the expediency of provision authorizing every man of good to amending section four of article third moral character to practice as an attorney of the Constitution that the same shall in the several courts of this Common- provide that qualified electors of the Coinwealth. monwealth, though in actual military serMr. RUNK offered the following resolu- vice under requisition from the President tion, which was read and referred to the of the United States, or by the authority Committee on Legislation: of this Commonwealth, shall exercise the Resolved, That no person who has been right of suffrage in all elections by the or hereafter shall be convicted of bribery, citizens only when present at the respecperjury or other infamous crime, nor any tive places of election of which they are person who has been or may be a collector residents. or holder of public moneys who shall not Mr. JOHN M. WETrHERRILL offered theo have accounted for and paid over, accord- following resolution, which was read and. inlg to law, all such moneys due from referred to the Committee on Private him, shall be eligible to the General As- Corporations, Foreign:and Domestic, &e.: sembly or to any office of profit or trust in No corporation shall be created for agthis State. ricultural purposes, nor shall any existMr. WHERnY offered the following reso- ing corporation be authorized to hold( lution, which was read and referred to the lands for such purposes. Committee on Agriculture, Mining, Manu- Mr. CAMPBELL offered the following factures and Commerce: resolution, which was read and referred Resolved, That the Constitution ought to the Committee on Judiciary: to provide for the election of a State Coin- Resolved, That the Committee on the missioner of agriculture, mining, manu- Judiciary take into consideration the folfactures and statistics, who shall hold his lowing suggestion: office for - years, and perform such That the only intermediate courts beduties as shallbe prescribed by law. tween the justices' courts, or justices of Mr. LILLY offered the following resolu. the peace, and the Supreme Court shall tion, which was read and referred to the be courts of common pleas, which shall Committee on Judiciary: be holden by judges elected in counties Resolved, That the Committee on Judi- in the ratio of one judge to every thirtyciary be requested to take into considera- five thousand inhabitants, and that said tion the question of residence, and report judges shall be elected by the cummullaa section clearly defining what constitutes tive system for terms of ten years. a residence. Mr. ANDREWS offered the followingl IMr. Ross offered the following resoli- resolution, which was read and referred tion, which was read and referred to the to the Committee on Legislation: Committee on Militia: Resolved, That the Legislature be reResolved, That the Committee on lMili- quired to provide by law, with proper retia be requested to inquire into the expe- straint, (and penalties for the violation 10 146 DEBATES OF THE of same,) for the sale of vinous, spiritous branch of the Legislature; the votes of and alcoholic liquors for medicinal, me- both Houses to be determined by yeas and chanical, chemical and sacramental pur- nays, and the names of the persons voting poses. for or against the bill shall be entered on Mr. GIBSON offered the following reso- the Journals of each IIouse respectively. lution, which was read and referred to the Mr. MOTT offered the following resoluCommittee on Judiciary: tion, which was read and referred to the Resolved, That the Committee on the Comnmittee on Judiciary: Judiciary take into consideration the pro- Resolved, That the Committee on the priety of abolishing the oath as adminis- Judiciary be requested to take into contered in courts of justice or elsewhere, and sideration the propriety of extending the to provide that a solemn promise to tell the term of the judges of the Supreme Court truth, the whole truth and nothing but to twenty years, and made ineligible for the truth shall, in case of violation of the a second term, and to be retired for imbesame, subject the party so offending to cility on account of any dispensation of the penalties of-perjury, as originally pro- Providence, or extreme old age, in such vided by the founders of the Common- manner as the committee may devise. wealth. - Mr. CAMPBELL offered the following Mr. C. A. B3LACK offered the following resolution, which was read and referred resolution, which was read and referred to the Committee on Declaration of Rights: to the Committee on Suffrage, Election Resolved, That the Committee on Deand Representation: claration of Rights take into consideration The Governor shall have power to remit the following proposed addition to that fines and forfeitures, and grant reprieves section of the Constitution: and pardons, except in cases of impeach- That married women shall have the ment. But no reprieve or pardon shall be same rights over the acquisition, control granted without'the recommendation, in or disposition of their separate property, writing, of all the members of the court real or personal, as men have over theirs. before whom the person applying for a Mr. RUNK offered the following resolureprieve or pardon was convicted, and of tion, which was read and referred to the the Attorney General or district attorney Committee on Legislature: who prosecuted for the Commonwealth. Resolved, That the House of RepresenAnd such recommendations shall be re- tatives shall consist of three hundred corded and filed'in the office of the Sec- members, each member to be elected retary of the Commonwealth. from a separate district, composed of conMr. H. G. SMITTI offered the following tiguous and compact territory, the popuresolution, which was read and referred lation of which districts shall be as nearly t0 the Committee on Legislation: equal as practicable without a division of Resolved, That the Committee on Legis- the territorial limits of election precincts: lation be instructed to inquire into the Provided, that each county shall have at expediency of so amending the Constitu- least one Representative. tion as to provide that.the Legislature Also, the following resolution, which shall make no appropriation of money, was read and referred to the Committee except by vote of a majority of each on Legislature: House elected, upon the call of the yeas The Senate shall consist of one hunand nays; that what is known as the dred members, each to be elected from a general appropriation bill shall embrace separate district of contiguous and conmnothing but appropriations for the ordi- pact territory, the population of which nary expenses of the executive, legisla- districts shall be as nearly equal as tive and judicial departments of the State lracticable, except in the city and county government; that all other appropriations of Philadelphia, from which there shall shall be made by separate acts of Assemn- be nine Senators, elected from like sepably, no such act to embrace more than rate districts of contiguous and compact one item of expenditure. territory: Provided, That each county Mr.WORIRELL offered the following reso- shall have at least one Senator. lution, which was read and referred to the Mr. M'MuURRAY offered the following Conmlittee on Legislation: resolution, which was read and referred to Resolved,. That no bill apportioning the Committee on Suffrage, Election aM-d Senators or Representatives, or Represen- Representation: t itives in Congress, shall become a law un- Resolved, Every male citizen of the 13s it be approved by three-fifths of each United States over twenty-one years of CONSTITUTIONAL CONVENTION. 147 age, who has resided within the State one Committee on Industri al Interests and year, within the county six mionths, and Labor: within the election district sixty days next Resolved, That the Constitution of the preceding any election held therein, and State ought to be so amended as to secure who has paid a State or county tax that to a wife, on the death of her husband, has been assessed against him within two the same legal rights and privileges as years next preceding such election, shall are enjoyed by a husband on the death of be a qualified voter; but no person of un- his wife. sound mind, or pauper, shall be allowed Mr. DE FRANCE offered the. following to vote at any such election; and no house- resolution, which was read and referred keeper shall be permitted to vote in any to the Committee on Railroads and election district except the one in which Canals: his family actually resides at the time he Resoived, That every railroad now conoffers to vote. structed, or hereafter to be constructed, No person in attendance at any college, in this State shall be substantially fenced. s3iminary or other institution of learning by the owner thereof, and in case any within the State shall, by reason of such railroad company shall neglect or refuse attendance, gain such a residence as will to fence its road the said company shall be entitle him to vote at any election in the responsible for all damage accruing to election district in which he mnay so re- the property of the inhabitants thereof in side, except he be a housekeeper, and his consequence of such failure. family actually reside therein, family actually reside therein. Mr. HARVEY offered the following resoNo elector of the State shall ever be de- lution, which was read and referred prived of the right to vote at any election to the Committee on Railroads and by reason of not having been registered Canals or listed as a qualified voter. oResolved, That the Committee on RailThe Legislature shall pass a law or roads be instructed to inquire into the laws depriving of the right of suffrage expediency of reporting the following as all persons convicted of treason, felony a Constitutional provision: and bribery in elections. All railroads which are now or may Mr. C. A. BLACK offered the following hereafter be constructed are hereby deresolution, which was read and referred to dared public highways, and shall be the Committee on Suffrage, Election and open to all persons for the transportation Representation: of their persons and property, under such Resolved, If any person shall give or regulations as may be established by law; offer to give, directly or indirectly, any and the General Assembly shall, from bribe, present or reward, or any promise, time to time, pass laws establishing or any security for the payment or the maximum rates of charges for passenger delivery of money, or any other thing to fare and for throughend local freight. induce any voter to refrain from casting Also, the following resolution, which his vote, or to prevent him in any way was read and referred to the Committee from voting, or to procure a vote for any on Suffrage, Election and Representacandidate or person proposed or voted for tion: as elector of President and Vice President Resolved, That the Committee upon of the United States or Representative in Suffrage, Election and Representation be Congress, or for any office of trust or instructed to inquire into the expediency profit created by the Constitution and of amending article three, section one laws of this State, the person giving or of the Constitution, so that it will read as offering to give, and the person receiving follows: the sarme, and any person who gives or In elections by the citizosls every male (aEseCq to be g'i llegal vote, know - cau~see to be given an llegal vote, know- citizen of the age of twenty-one years, having it to be such, at any election hereafte g resided in this S to~be hold in thi State shall, o1 convi ng resided in this State one year and in to be held in this State shall, on convic- the election istrict where he offers to tion in a court of law, in addition to the vote three months immediately p eceerpenalties now or hereafter to be imposed ing such election, shall enjoy the rights by law, be forever disqualified to hold of an elector; but a citizen of the United any office of profit or trust, or to vote at States who had previously been a qualiany election in this Commonnwealth. fled voter of this State, and removed. Mir. MANN offered the following reso- therefrom and returned, shall, after relution, which was read and referred to the siding in the State six months, and in the 148 DEBATES OF THE election district three months, be entitled tion, vote in favor of some: PProvided, to vote. That no new county shall contain less Also, the following resolution, which than three hundred square mniles,nor shall was read and referred to the Committee any line thereof pass within less than ten on the Judiciary: miles of any county seat. Resolved, That the Committee on Judi- Also, the following resolution, which ciary be instructed to inquire into the ex- was read and referred to the Committee pediency of presenting a provision that on Legislation: each county having a population of fifty Resolved, That the Legislature be 1ethousand or more shall be a separate ju- quired, as soon as the present contenidicial district. plated Constitution is adopted.or in force, Also, the following resolution, which to pass a law and by appropriate penalties was read and referred to the Committee prohibit the sale, giving away, or in any on Legislation: manner or form furnishing intoxicating Resolved, That the Committee on Leg- liquors of any kind, by any person or perislation be instructed to inquire into the sons, company or corporation, to or for propriety of so amending article one any other person or persons, company or section six of the Constitution, so as to corporation, to be used as a beverage. provide that each county shall be a Sena- Mr. HOPKINS offered the following resotorial district, and shall be entitled to one lution, which was read and referred to Senator; that the city of Philadelphia the Committee on Suffrage, Election and shall be a Senatorial district, and shall Representation: be entitled to six Senators, to be elected at Resolved, That the Committee on Suflarge in said city, and that the city of frage, Election and Representation be rePittsburg shall be a Senatorial district, quested to report an article forever disand entitled to one Senator. franchising all persons who shall commit Mr. ANDREWS offered the following fraud in any election in this Commonresolution, which was read and referred wealth, whether by voting more than to the Committee on Counties, Townships once, altering returns, bribing voters or and Boroughs: in any other manner. Resolved, A new county may be formed On motion of Mr. Temple, the President by act of Legislature as often or whenever adjourned the Convention until Tuesday, two-thirds of the electors within the pro- January 7, 1873, to mieet in the city~ of posed boundary shall, at any annual elec- Philadelphia. CONSTITUTIONAL CONVENTION. 149 ELEVENT H DAY. TUESDAY, Ja-nuary 7, 1873. shall then, in like manner, be dramwn alnd'The Convention met at twel~Ve o'clock the person called shall select a seat, and so continuously until all the ballots are MV., pursuant to adjournment, in the city continuously until all the ballots are of Philadelphia, the hall used being one his seat'shall continue to occupy it untilt owned by the city and fitted up by theall continue it ti the drawing is completed. All seats va: city authorities for the purpose, situate on Spruce street, between Fifth and Sixth cant when any name is announced shll streets. - - 0 be subject to selection. The name of any The PRESIDENT took the Chair and,n- person called who does not personally nlounce-d that a quolrum of members' w-as answer shall be laid aside until all the nanles in the box are called. present. Mr. U.NLK. I offer the following The Journal of proceedings of Wnedneslay, November 27, 18T2, was read. amendment MiIr. J,. M. WETHERIT;LL. I rise to colr-'"That the following persons be permitted rect the minutes of the Convention. A to select seats without lot, to wit Iemresolution, offered by myself, with regard bers of the former Constitutional Convento agricultural corporations, was referred tion of this State, those who have hel the to the Conmmittee on Agriculture, Mining, office of Governor of the State, judges of Manufactures and Commerce. It is dif- the Supreme Court and members of tle ferently stated in the minutes, however. United States Senate." ["No! No!"] The correction was ordered to be made, The amendment was rejected. d the Joural, as as ap Mr. HAY. I move to strike out all after anteJ scorrected, ws the word " manner" and insert the follow-irP'Ove d. ing: " That numbers from one to one NATIONAL BANKS IN PENNSYLVANIA. hundred and thirty-two, inclusive, be Thle PRESIDEN'T presented a communi- marked upon separate slips of paper and oation from the Secretary of the Treasury placed in a box, and that the roll of of the United States, translittilg, in members be called, and that upon each answer to a resolution of the Convention, ame being called one of the slips of a list of the national banks in Pennsyl- paper be taken from the boxby the Clerl, mfania, their location, date of organization number of the seat of that mermnber." and capital stock, which was referred to the Commrnittee on Private Corporations. ["No! No!"] The amendment was not agreed to. DRAWING FOR SEATS. Mr. J. R. READ. I offer the following Mir. AXRnisSTRONG offered the following amendment: resolution, which was twice read and con- "In the event of a person called not ansidered: swering to his namle the Assistant Clerk Resolved, That the Convention will now shall select a seat for him, and place a card proceed to the selection of seats in the upon it with the member's namne there-following manner: All seats shall be va- on." ["No! No!"] cated. Tho Clerk shall-prepare for every Mr. NILES. Mr. President: It strikes mnember a separate ballot, which shall be me that that is a very proper amendment. asi nearly as possible alike, and shall be I know of..members of this Convention separately and closely rolled up and who are unavoidably detained to-day on placed in a box, which shall then be well account of sickness, which has overtaken shaken and placed upon the President's them on their way here, and it seems to desk. A page, blindfolded, shall with- me but fair that the Clerk or some of draw the ballots, ore at a time, and hand their friends should make a selection for the same to the Clerk, who shall an- them. My colleague (Mr. Elliott) is unanounice the name thus drawn. The per- ble to be here. He started when I did, son whose name is called shall ilmme- but was detained at WVilliamsport on accliately select his seat. Another ballot count of the sickness of his wife. 150 DEBATES OF THE Mr. D. W. PATTERSON. Mr. President: No. 16. Mr. Collins, 9 I hope that the amendment will prevail. 17. Mr. G. W. Palmer, 99 One of my colleagues (Mr. H. G. Smith) 18. Mr. Gibson, 42 met with an accident the other day and 19. Mr. Kaine, 48 is unavoidably absent. I think the Clerk 20. Mr. Dimmick, 8 or some friend should be permitted to se- 21. Mr. WV. H. Smith, absent. lect a seat for him. The proposition em- 22. Mr. Ellis, 24 bodied in the amendment is but fair, 23. AMr. Funck, 61 and I hope it will be accepted by the Con- 24. Mr. S. H. Reynolds, 39 vention. 25. Mfr. Achenbach, 60 Mr. LITTLETON. Mr. President: I de- 26. Mr. Dunning, absent. sire to say that I have made a promise to 27. Mr. Barclay, 59 select a seat for the gentleman firom In- 28. Mr. Horton, 4 diana, (Mr. Harry White,) who is detained - 29. Mr. Hemphill, 4 at Harrisburg by official business. It 30. Mr. Craig,, 81 does seem to me that some such amend- 31. Mr. Cuyler, 30 ment is necessary. 32. Mr. Parsons, 90 Mr. J. M. BAILEY. Mr. President: I 33. Mr. Mantor, 82 offer the following as a substitute for the 34. Mr. Hanna, 47 amendment offered by the gentleman 35. Mr. Brodhead, 18 from Philadelphia (Mr. J. R. Read:) 36. Mr. Runk, 52 "WVhen the name of a member is called 37. Mr. Worrell, 19 who does not personally answer the mel- 38. Mr. Hopkins, absent. bers from the same district shall have the 39. Mr. Russell, 51 privilege of selecting a seat for him." 40. Mr. Ewing, 20 ["No! No!"] 41. Mr. Baer, 120 The substitute was rejected. 42. Mr. Long, 112 The question being upon the amend- 43. Mr. Newlin, 10 ment offered by the gentleman froma 44. Mr. Hay, 72 Philadelphia, (Mr. J. R. Read,) it was re- 45. Mr. Jno. R. Read, 6 jected. 46. Mr. Knight, 31 Mr. CUYLER. Mr. President: I move 47. Mr. J. Price VSetherill, 36 to strike out of the original resolution the 48. Mr. Bowman, 69 words "a page blindfolded" and insert 49. Mr. Turrell, absent. "the Clerk." I think it more befits the 50. Mr. De France, 7 dignity of the body to draw in that man- 51. Mr. S. A. Purviance, 78 ier. 52. Mr. Van Reed, 62 The amendment was rejected.' 53. Mr. M'Culloch, 73 The question being upon the resolution 54. Mr. Guthrie, 132 offered by the gentleman from Lycoming, 55. Mr. Armstrong, 53 (Mr. Armstrong,) it was agreed to. 56. Mr. Mann, 101 A page was then blindfolded, the names 57. Mr. Porter, 57 of all the members placed in a box and 58. Mr. Church, 89 the drawing commenced. As each name 59. Mr. Minor, 43 was called the members took seats, as fol- 60. Mr. Howard, 41 lows: - 61. Mr. Metzger, 88 No. 1. Mr. Andrew Reed, seat No. 27 62. Mr. Fulton, 77 2. Mr. Wherry, 49 63. Mr. Woodward, 54 3. Mr. Corson, 26 64. Mr. Lamberton, 63 4. Mr. Dallas, 28 65. Mr. D. W. Patterson, 35 5; Mr. Niles, 70 66. Mr. Wright, 37 6. Mr. Ross, 25 67. Mr. Valker, 5(6 7. Mr. M'Murray, 100 68. Mr. J. S. Black, 102 S. Mr. MacConnell, 58 69. Mr. Buckalew, 75 9. Mr. J. M. Wetherill, 29 70. Mr. Mott, 98 10. Mr. Clark, 80 71. Mr. Fell, 33 11. Mr. Haazzard, 71 72. Mr. Cassidy, 83 12. Mr. Corbett, 50 73. Mr. Campbell, 55 13. Mr. Andrews, 91 74. Mr. Finney, 122 14. Mr. Carey, 12 75. Mr. Curry, 119 15. Mr. Brown, 79 76. Mr. Heverin, 21 CONSTITUTIONAL CONVENTION. 151 No. 77. Mr. J. N; Purviance, absent. Resolved, That the nmembers from the 78. Mr. Sharpe, 11 same districts as absent members be now 79. Mr. Harvey, 64 permitted to make choice of seats for 80. Mr. Hall, 76 them as the names of such absent mem81. Mr. MacVeagh, 32 bers are drawn, in a manner similar to 82. Mr. Curtin, 1 that already observed. 83. Mr. Cochran, 34 The names of absent members were 84. Mr. M'Clean, 46 then called and seatsselected for them by 85. Mr. Addicks, 17 their colleagues, as follows: 86. Mr. Bartholomew, 16 Mr ar Mr. Harry White, seat No. 114 87. Mr. Edwards, 45Mr. Dunning, 130 88. Mr. Rooke, 84 Mr. Stewart, 107 89. Mr. Elliott, absent M. r12 8.Mr.. Turrell, 127 90. AMr. Bardsley, 14 Mr. J. N. Purviance, 113 91. Mr. C. A. Black, 5 Mr. Elliott, 110 92. Mlr. Lear, 22 Mr. W. H. Smith, 108 93. Mr. Purman, 74 93. Mr. Struthers, 12.3 94. Mr. Stewart, absent. 95. Mr. Hunsicker, 44 Dodd, 111 96. Mr. Biddle, 115 Mr PuDhe, 128 Mr. Pughe, 12 97. Mr. H. W. Smith, 2 98Mr. H. G. Smith, 126 98. Mr. Stanton, 65 99. Mr. H. W. Palmer, 131 Mr. Patton, 129 Mr. Landis, 125 100. Mr. Harry White, absent. 101. Mr. Landis, absent. ORIGINAL RESOLUTIONS. 102. Mr. J. W. F..White, 68 The PRESIDENT. Original resolutions 103. Mr. Struthers, absent. are now in order. 104. Mr. Bannan, 66 Mr. BRODHEAD offered the following 106. Mr. Jos. Baily, 9 7 106. Mr. Davis, 97 resolution, which was read: 107. Mr. Goweln, 23 Resolved, That when this Convention 108. Mr. Gilpin, 94 adjourns it adjourn to meet to-morrow 109. Mrl. T. H. B~~. Patt~erson, 38 at twelve o'clock M., and that hereafter 110. RMr. Carter, 13 the daily sessions shall commence at that 11l. Mr. Beebe, 92 112. RMr. Darlington, 118 The question being, shall the Conven113. Mr. Temple, 3 tion proceed to the second reading and 114. Mr. Broomall, 96 consideration of the resolution? a division 115. Mr. Simpson, 103 was called for, and being taken, resulted, 11G. Mr. Patton, absent. affirmative forty-one, negative seventy117. Mr. J. L. Reynolds, 121 one. So the Convention refused to pro118. Mr. Littleton, 67 ceed to the second reading of the resolu119. Mr. Pughe, absent. tion. 120. Mr. Cronmiller, 87 THANKS TO CITY COUNCILS, &C. 121. Mr. H. G. Smith, absent. 122. Mr. M'Canmant, 85 Mr. RUSSELL. I offer the following 123. Mr. Lilly, 95 resolution: 124. Mr. J. M. Bailey, 93 Resolved, That the thanks of this Con125. Mr. Ainey, 86 vention be and they are hereby tendered 126. Mr. Boycd, 124 to the city councils of the city of Philadel127. Mr. Lawrence, 117 phia for the handsome and comfortable 128. Mr. Dodd, absent. hall, committee rooms, etc., which they 129. Mr. D. N. White, 116 have furnished the Convention, and to 130. Mr. Alricks, 105 the committee of councils and of the 131. Mr. Baker. 104 Convention who have had charge of the 132. Mr. MV'Allister, 106 arrangements necessary for the sessions of the Convention in said city. SEATS OI'F ABhSENT IBEM`BERS. Mr. FELL. I hope that willbepostponed.Mr. BRODHEAD offered the following until the last day of the session. resolution, which was twice read and The resolution was read twice and agreed to: agreed to. 152 DEBATES OF THE SITTINGS OF CONVENTION. MIr. BEEBE asked and obtained leave of Mr. BR~OOMALL. I offer the the follow-r Mr. Dodd. ing resolution: Mr. J. M. BAILEY asked and obtainResolved, That, until otherwise ordered, ed leave of absence for Mr. Landis. the: Convention will hold one session' per Mr. WHRERRY:asked and obtained leave day, commencing at ten o'clock A. M., of absence for Mr. Stewart. and adjourning at two P. M. Mr. S. H. REYNOLDS asked and obtained Mr. SIMPSON. I rise to a point of order. leave of absence for Mr. H. G. Smith. That is already the rule of the House. We DAILY SESSIONS. have already adopted that as a rule of the Convention; and therefore the resolution Mr. GOWEN. I offer the following res3is unnecessary. lution: Mr. KAINE. I would inquire whether Resolved, That until otherwise ordered there is not a resolution on the minutes of by the Convention, its sessions shall be this Convention, that we meet at ten held at twelve o'clock Mi., and continue o'clock and adjourn at two o'clock daily, until four o'clock P. M., and that no sosuntil otherwise ordered. [Yes.] If that is sion shall be held on Saturdays. the resolution, then it is the order of the On the question of proceeding to the Convention that we adjourn at two second reading of the resolution a divio'clock without any motion. sion was called for, which resulted ayes The PRESIDENT. Debate is not in or- forty-four, nays fifty-seven. cler. The resolution referred to by the So it was determined in the negative. gentleman as having been heretofore Mr. DALLAS. I move that, until further adopted will be read. ordered, the hour, of meeting be from The CHIEF CLERK read the following eleven in the morning until two in the resolution, adopted on the thirteenth of afternoon. November, 1872, on the motion of Mr. Mr. DARLINGTON. is that amendable? Dallas: The PRESIDENT. Certainly. Resolved, That, until otherwise ordered, Mr. DARLINGTON. I move to strike this Convention will hereafter meet at out "eleven" and insert "ten." ten o'clock A. M. and adjourn at two P. Mr. KAINE. I rtse merely to make an Mr. of each day. inquiry. My understanding of a resoluMr. STANTON. I nmove to strike out s k tion such as has been read here, which we "ten" and insert "eleven," and strike out adopted at Harrisburg, that we meet at,'twoo" and insert "three." ten and adjourn at two until otherwise The PRESIDENT. The resolution just ordered, is that that is the length of the read, adopted on a previous day, fixes the session, and the moment two o'clock arregular hour of meeting at ten o'clock A. rives the Speaker adjourns the House A:M., andof adjournment at two P. M.; and without any motion. That is certainly therefore this present resolution is not in the rule. I insist that the House adjourn order, for it is identical with the standing at two o'clock under that order until it is order of the House. otherwise ordered. Mr.' J. W. F. WHITE. I move that the The PRESIDENT. The Chairwillstate House do now adjourn. in answer to the inquiryj ust made, that he The motion was not agreed to. has always been of opinion that an order LEAVES OF ABSENCE. of the House House for adjourning at a particular hour is to be executed by the House, inasMr. LAWRENCE. I ask leave of absence much as it involves a question of fact for Mr. J. N. Purviance, who is detained which the Chair might not be able to deat home by sickness, for a few days from cide. If he is wrong in this impression to-day. he will cheerfully comply with the order The PRESIDENT. That motion is not of the House. If it is the general sense of now in order; but by unanimous consent the House that the Chair shall adjourn the application may be received at this the body without a mnotion at the hour time. [Consent.] The Chair will put the fixed, they will be kind enough to say question on granting leave. "aye." [MAany "ayes."] Those of the conLeave was granted. trary opinion will say " no." [A few Mr. HAY. I ask leave of absence for my "nays."]_ The ayes appear to have it; the colleague, Mr. W. H. Smith. yeas have it. The House standsadjourned Leave was granted. until ten o'clock to-morrow morning. CONSTITUTIONAL CONVENTION. 153 TWELFTH DAY. WEDNESDAY, January 8, 1S7.q. and canal company shall annually mlake Thle C~onventioln mlet at, ten o'clock. a report, under oath, to the Auditor Gen-;M. eral, or some officer to be designated by The Journal of yesterday's proceedings law, of all their acts and doings, vhic was read and approved.; report shall include such matters relating to railroads and canals:-as may be preMILITARY SERVICE. scribed by law. Mr. BROOMALL offeTed the following SECT.-. The rolling stock andall movaresolutions, which were read and referred ble property belonging to any railroad to the Committee on the Militia: or canal company or corporation in this Resolved, That the Committee on the State shall be considered personal proMilitia be instructed to inquire into the perty, and shall be liable to execution expediency of exempting from military and sale in the same manner as the perservice, and from all payments of money sonal property of individuals,, and the ili lieu thereof, all members of such re- Legislature shall not have power to enact ligious societies or sects as make opposi- laws exempting any such property from tion to war a fundamental principle of execution and sale. their creed or discipline. SECT. -. No railroad or canal corporaResolved, That said committee inquire tion shall have the right to invest in the into the expediency of prohibiting the stock, or purchase or lease the: franchise Legislature from passing any law requir- and property or estate of any other railroad ing or paying for any mlilitary service or or canal corporation or company. Neither exercises except during invasion or insur- shall they have the right to purchase and rection. hold,, in the name of the officers of such corporations, or by trustees, any mineral or other lands, except such lands as mlay Mr. Jos. BAILY offered the following be necessary for the construction and conproposed article of amendment to the venient operating of such railroads and Constitution, which was read and re- canals. And it is hereby declared that ferred to the Committee on Railroads and all railroads and canals heretofore conCanals: structed, or that may be hereafter conARTICL-E~-. structed, in this State, are public highways, and all persons shall have equal. RAILROADS AND CANALS. right to transport their persons and proSECT —. Every railroad and canal cor- perty thereon, under such regulations as poration organized or doing business in may be prescribed by law. And the Legthis State, under the laws or authority islature shall, from time to time, pass thereof, shall have and maintain a public laws establishing reasonable maximum office or place, in this State, for the trans- rates of charges for the transportation of action of its business, where transfers of passengers and freight on the different stock shall be made, and in which shall railroads and canals of this State. be kept, and in which shall be kept, for SEcT. -. No railroad or canal corporapublic inspection, books, in which shall tion shall issue any stock or bonds, except be recorded the amount of capital stock for money, labor or property actually resubscribed and by whom; the names ceived and applied to the purposes for of the owners of its stock and the which such corporation was created; and amounts owned by them respectively; all stock, dividends and other fictitious the amounts of stock paid in and by increase of the capital stock or indebtedwhom; the transfers of said stock; the ness of any such corporation shall be amount of its assets and liabilities, and void. Railroad and canal corporations the names and places of residence of its shall not have the power or right to apply officers. The directors of every railroad their stock, assets or franchise to any -151 DEBATES OF THE other use, or engage in any other business, railroads and canals in this State, except either in the name of the corporation or that moderate and reasonable discriminathrough the instrumentality of agents, tion in rates of freight passing over lesser than the construction and maintenance of distances may be allowed, and the Legistheir respective railroads and canals, and lature shall enact laws to correct abuses to furnish such necessary and convenient and enforce the provisions relating to appliances as will secure the expeditious railroads and canals by adequate penaltransportation thereon of persons and ties to the extent, if necessary for that purproperty. pose, of forfeiture of their property and SEcT. -. Railroads and canals hereto- franchise. fore constructed, or that may be hereafter EHOlU~RS OF MEETING. constructed, in this State, shall have the right to connect with any other railroad Mr. RUNI offered the ifollowing resoor canal as their respective acts of incor- lution: poration shall authorize them so to do, by Resolved, That for the purpose of enasuch safe appliances as may be necessary bling the standing committees to meet in to effect that purpose; and no discrimina- the morning the Convention will, until tion shall be made, in rates of passenger those committees have reported, meet at and freight tariffs, on persons and proper- twelve o'clock, noon, and adjourn at such ty passing from one railroad or canal to hour as may be determined in each day's another, and no unnecessary delay per- session. mitted in forwarding such passengers The question being put: Shall the. Conand property to their destination. The vention proceed tothe secondreading and object being to effect a thorough, equal, consideration of the resolution, it was deexpeditious and convenient system of termined in the negative. transportation throughout the State. PRAYERS. SECT. -. The exercise of the power and Mr. STANTON offered the following the right of eminent domain shall never resolution, which was twice read and be so construed or abridged as to prevent agreed to: the taking, by the Legislature, of the Resolved, That the President of this property and franchises of incorporated Convention be requested to invite clergycolmpanies already organized, or that may men to open the proceedings of the body be hereafter organized, and subjecting with prayer. them to the public necessity the same as SCHOOL MONEYS. the property of individuals; the right SCOOL ONE of trial by jury shall be held inviolate in Mr. J. PRIcE WETHERILL offered the all trials of claims for complensation following resolution, which was referred lwhen, in the exercise of the said right of to the Comnmittee on Education: eminent domain, any incorporated com- Resolved, That the Committee on Edupalny shall be inlterested, either for or cation be requested to inquire into the extagainst the exercise of said right pediency of amending the Constitution by the addition of the following article: SECT.-. All railroad and canal corpoI. All moneys raised by taxation in the rations engaged in the business of comratins ngag in the businessofco-counties, towns and cities for the support mon carriers shall enjoy all the rights of public schools, and all moneys which and be subject to all the duties and oblimay be appropriated by the State for the grations of common carriers the same as may be appropriated by the State for t support of common schools, shall be apindividuals engaged in similar business, but no preference shall be allowed in the plied to and expended in no other schools than those which are conducted accordtranlsportation of persons and property ing tolaw, under the order and superinover any railroad or canal. And the Leg- t islature, in enacting laws, establishing t he athority in which the m oney is to be town or city in which the money is to be maximnum values of damages for injuries expended; and such moneys shall never sustained by person and property on railbe appropriated to any religious sect for roads and canals, shall not have the power the maintenance exclusively of its own to incorporate such laws into the chartered franchise of such corporations, but s such lawsshall always be subject to modi- STANDARD OF WEIGHTS AND MEASURES. fication or repeal. Mr. J. PRICE WETHERILL offered the SECT. -. Unjust discrimination and ex- following resolution, which was referred tortion in the rates of passenger and to the Committee on the Executive Defreight tariffs shall not be allowed on the partment: CONSTITUTIONAL CONVENTION. 155 Resolved, That the Committee on the COUNTY SEATS. Executive.Department be requested to SECT. 4. No county seat sall be eifiquire into the expediency of amending moved until the point to which it is prothe Constitution by the following article:. posed to be removed shall b fixed in purAll offices for the weighing, gauging; suance of law, and two-thirds of the voters neasuring or inspecting any merchanmeasuring or inspecting any merchan- of the county, to be ascertained in such dise, produce, manufacture or commodity manner as shall be provided by law, shall whatever are hereby abolished, and no have voted in favor of its removal to such such office shall hereafter be erected by point; and no person shall vote on such law; but nothing in this section shall ab- question who has not resided in the counor.ogatectny office created for the purpose ty six months, and in the election preof protecting the public health or the in- ucinct or district ninety days next precedterest of the State in its property, reve- ing such election. The question of the nue or purchases, or of supplying the removal of a county seat shall not- be people with correct standards of weights oftener submitted than once in tenyears and measures, or shall prevent the crea- to to a vote of the people. But when an attion of any office for such purposes here- tempt is made to remove the county seat after. to a point nearer to the centre of the counFORMATION OF NEW COUNTIES. ty, then a majority vote only shall be necessary. Mr. NILES offered the following, which'PROTECTION OF TH:E PRESS. was referred to the Committee on Counties, Townships and Boroughs: Mr. DALLAS offered the following resoResolved, That the Committee on Coun- lution, which was referred to the Comties, Townships and Boroughs be re- mittee on the Declaration of Rights: quested to inquire into the expediency of Resolved, That the Committee on Bill reporting the following amendment to of Rights be requested to consider and the Constitution: report whether any and what provision is ARTICLE- necessary for the better protection of the press in the exercise of the right to com-r COUNTIES. ment freely, but with proper motives, SECT. 1. No new county shallbeformed upon the conduct of public men and or established by the General Assembly measures. which will reduce the county or counties COMMON SCHOOL SINKING FUND. or either of them, from which it shall be taken to less contents than four hundred Mr. HORTON offered the following resolution, which was referred to the Coinsquare miles, nor shall any county be';nittee on Education: formed of less contents; nor shall any mittee on Education: line thereof pass within less than ten Resolved, That the Committee on Edumiles of any county seat of the county or cation be requested to inquire into the counties proposed to be dividec, expediency of making provision in the Constitution for a Common School SinkSECT. 2. NO county shall be divided or ing Fund, converting, if need be, the have any part stricken therefrom withexisting' Sinking Fund into a sinking out submitting the question to a vote of fund for common school purposes, addthe people of the county, nor unless a ing thereto annually the sum of $500,000, majority of the legal voters of the county. the interest of the whole to be applied for voting on the question shall vote for the the support of the fiee schools of the same. Commonwealth. SECT. 3. There shall be no territory stricken from any county unless a ma- RIGHTS OF MAJORITIES IN ELECTIONS. jority of the voters living in such terri- Mr. HORTON also offered the following tory shall petition for such division; and resolution, which was referred to the no territory shall be added to any county' Committee on Legislation: without the consent of the majority of the Resolved, That the appropriate commitvoters of the county to which it is pro- tee be requested to inquire into the expeposed to be added. But the portion so diency of so amending the Constitution as stricken off and added to another county, to prohibit the Legislature frompassing in whole or in part, into a new county, any law interfering with or infringing shall be holden for and obliged to pay its upon, or abridging the right of the majorproportion of the indebtedness of the ity to rule, orin any mannergivingaid and county from which it has been taken. comfort to the false assumption that offi 156 DEBATES OF THE cers legally and fairly chosen by a ma- 1st. The location and repairing of jority of the suffrages of the-people do not bridges, (except over navigable streams,) represent the whole people, the minority as but in case where such bridges shall be welljas the majority. betw.een adjoining counties the concurORIGIN OF BILLS RAISING REVENUE. rent action of the board of supervisors of Mr. PURMAN offered the following reso- such counties shall be necessary. lution, which was referred to the Corm- 2d. The location, purchase, erection and mittee on Legislation: care of buildings and purchase of real esResolved, That all bills for raising reve- tate for county and township purposes. liue shall originate in the House of Repre- 3d. The erection of portions of public sentatives; but the Senate may propose highways into separate road districts for amendments as in other bills, and that purposes of improvelent. taxation in any one year for every pur- 4th. The use and working as public pose shall never exceed the two-thirds of highways of turnpike, plank and macadathe annual rent or return of the subject mized roads after they shall have been of the taxation. 01 -lawfully abandoned. 5th. The fixing of salaries of county.BUREAU OF INDUSTRIAL LABORo. officers, and the number, grade and pay IMr. EDWARDS offered the following of clerks and subordinate employees inll resolution, which was referred to the o- county offices whose compensation may mittee on Industrial Interests and Labor: be a county charge. Resolved, That the Comoinittee on In- 6th.- The drainage of swamp lands lying dustrial Interests and Labor be requested exclusively within the county. to inquire into the expediency of report- 7th. The granting of licences for hotels ing the following as part of an article in (or tavernQ) and eating houses, and all the Constitution: other licences now granted by the court "' it shall be the duty of the Legislature of quarter sessions. to enact general laws, with proper penal- 8th. For erecting, dividing and chang ties, for the enforcement of the laws for ing the lines of townships, for fixing and the establishment of a bureau of indus- holding places for elections, for creating trial interests and labor.- To contain in new election districts, for establishing insaid laws the- kind of labor, wages per dependent school districts, for erecting day, hours of labor per day, with age, na- and chartering boroughs, and for all tivity and sex, and such other statistical other such matters as pertain to the gendetails relative to all departments of la- eral and local business for said countiSe bor in this Commonwealth, especially in its relations to thle comllmercial, industrial, social, educational and sanitary conditions Mr. ALRICIuS offered the following resof the laboring classes, and to the permla- olution, which was referred to the Conmnent prosperity of the productive ind us- mittee on Legislature: try of the Commonhwealth." Resolved, That the Committee on LegCOUNTY BOARDS OF SUPERVISORS.: islation inquire into the expediency of so amending the Constitution that no preMIr.;MIrANTOR:offered the: following reso- sent or future obligation or liability of the lution which was referred to the Comtion, which was referredto he Co- Pennsylvania Central or the Philadelphia reMittee -on Counties, Townships-and Bor- and Erie railroad company, or of any -oughs: other corporation, for the payment of Iresolved: That he Committeeon Counmoney to the Commonwealth shall ever ty, Township and Borough officers be re- be transferred, suspended, modified, quested to inquire into and report to this altered or remitted, or in any way diminConvention whether, in their judgment, it ish r red bythe Legislature or 0ould'be expedient to adopt a section in other authority nor shall such indebtedt-he Constitution as follows: - ness be released except on payment beThere shall be in each of the counties of this State a' board. of supervisors,, conmposed, of one frnom' each, of the election EXTRA COMPENSATION. precincts, who shall have exclusive juris-' Mr. ALRICKS offered the following resodiction.over the following specific sub- lution, which...was referred to the Comrn jects, but such jurisdiction; shall tnot be mittee on Legislation: exercised in any: case without the assent. Resolved, That.the Conmmittee on Legisof a majority of: all, the members elected lation, inquire into'the' expediency of so to such boird. amend ing the Constitution in article one, CONSTITUTIONAL CONVENTION. 157 section twenty-two, that the Legislature I. The Governor shall nominate, and shall not have power to-authorize or grant with -the consent of two-thirds of a full any extra compensation, pay or allowance Senate, appoint the judges of the Supreme to any public officer, clerk, agent, servant Court and the president:j udges of all other or contractor:for services rendered. courts now or that. may hereafter be esCOURTS IN PHILADELPHIA.: - tablished within the Commonwealth. -tII. The judges of the Supreme Court res and president judges of all other courts olution, which was referred to the Comshall hold theiroffices during good behia mittee on the Judiciary: vior; but for any reasonable cause, whiclr Resolved, That~ the Comnmittee on the shall not be sufficient ground for impeachJudiciary be instructed to inquire into Judiciary be instructed to inquire i ment, the Governor may, with the consent the expediency.of amending the Consti- of two-thirds of a full Senate, remove any' tution so as to provide for combining the of them district court and. the court of common III. The judges of the Supreme Court pleas of the city and county of Philadel- and the president judgesofall other phia into a court, to consist of twelve courts shall, for the term for which they judges, and to be called the court of comare appointed, be ineligible for any other mon pleas, and have the same jurisdiction office of trust, honor or profit unless it be and powers as are now conferred by law another judgeship upon said courts and judges; and the GOVEnRNon's TErA. said judges shall in turn preside over the criminal branch of said court, which shall Mr. HEMPHILL offered, the following hereafter be styled the court of general resolution, which was referred to the sessions, and have the same jurisdiction Committee on Executive Department: as is now conferred by law on the courts Resolved, That the Committee on Exof oyer and terminer, general jail de- ecutive Department be requested to inlivery and quartersessions of the peace; quire into the propriety of reporting the and a majority of such judges shall con- following for incorporation in the new stitute a court of appeal in criminal cases. Constitution: "The Governor shall hold his office dur:COURT OF PARDONS. ing four years from the third Tuesday of Mr. HEMPHIILL offered the folllowing J.anuary next ensuing his election, and resolution, which was referred to the shall not be eligible thereafter." Committee on the Execlutive Department: -INTOXICATING LIQUORS. Resolved, That the Committee on Execu- Mr. CRAIG offered the following protive Department be requested to inquire posed article and resolution, which were into the propriety of reporting the follow- referred to the Committee on Industrial ing for incorporation in the new Constitu- Interests: tion: "The manufacture and sale of intoxi"The Governor shall nominate and, eating drinks as a beverage is prohibited; with the consent of the Senate, appoint the Legislature shall provide amply for, six of the president judges of the courts the enforcement of this article." of common pleas to constitute, with himn- Resolved, That the above article be:subself, and for the term for which he may be mitted separately to the vote of the people, elected, a court of pardons, and a majority of said court, of whom the Governor shall RAILROAD FRANCHISES. be one, may remit fines and forfeitures Mr. CAMPBRELL offered the following and grant pardons after conviction in all resolution, which was referred to the cases except impeachment, and no pardon Committee on Railroads and Canals: granted before conviction shall avail the- Resolved, That the Committee oln Railparty pleading the same." roads and Canals be instructed to inquire into the expediency of incorporating into APPOINTMIENT AND TENURE OF JUIIGES.; the Constitution the following section, Mr. HEMPHILL offered the following 6'That no railroad company shall be resolution, which was referred to the hereafterincorporated in this State unless Committee on the Judiciary: upon condition that its road shall not Resolved, That the Committee on the cross any public highway at grade; and Judiciary be requested to inquire into the that the franchises of all railroad compropriety of reporting the following for panies now incorporated shall be revoked incorporation into the Constitution: unless, within five years, their roads 158 DEBATES OF THE shall be so altered, changed or constructed to digest this mass of matter, find it almost that the same shall cross public highways impracticable in its present form. If the either above or below grade. privilege be accorded to the committee to AMENDMENTS TO FEDERAL CONSTITU- have these various suggestions printed TION. they believe it will greatly facilitate their consideration of them, and enable them. Mr. BOYD offered the following resolu- sooner to report to the Convention. I tion, which was referred to the Commit- trust this privilege will be granted to the tee on Legislation: committee, and we will endeavor not to Resolved, That the proper committee be abuse it but print only such matter as, instructed to inquire into the expediency in our judgment, will clearly facilitate of introducing into the Constitution of the consideration of the business. this State the following provision, in sub- Mr. IUNsIcKER. I offered a resolution stance, to wit: on the last day of our session at Harris"The Legislature shall not ratify any burg to print all resolutions relating to amendment, or proposed amendment, to amendments of the organic law of the the Constitution of the United States State. There are now upon the table of without first submitting suchamendment the Clerk and in the hands of the cormto a vote of the people. And the Legisla- mittees a vast mass of matter, and I do ture shall obey and carry out the will of not suppose there is a member of the Conthe majority as expressed in such vote." vention who knows what has been offered. VALIDITY OF ACTS OF ASSEMBLY. I think it is highly important that everything which has been offered should Mr. WVORRELL offered the following be put in a readable shape, and should proposition of amendment to the Consti- be in the hands of every member of the tution, which was referred to the Com- Convention. I am not only entirely in mittee on the Judiciary: favor of the resolution offered by the gen" In all proceedings between parties tleman, but I ama in favor of going a step the courts of the Commonwealth are further and printing all resolutions proauthorized and emaowered to try and posing amendments to the fundamental determine the validity of any act of As- law. We must all, in the end, vote either sembly." for or against them. How can we tell Mr. WORRELL offered the following what has been offered? Possibly a dozen proposition of amendment to the Consti- members may offer the same proposition tution, which was referred to the Com- and not know that it has been already mittee on the Judiciary: offered. That is my difficulty and no "The Attorney General of the Coin- doubt the difficulty of other members. I imonwealth shall have authority to pro- oppose the passage of this resolution, as ceed, by sciri facias, in any of the courts there is one already on the table, which of the Commlonwealth, to try and deter- can be taken up at any time, which will mine the validity of any act of Assem- cover the same ground and go further. bly." Mr. DARLINGTON. I wish to inquire PRINTING OF PROPOSITIONS. whether the Committee on Printing are not ready to make a report which will Mr. ARMSTRONG.th 1 offer the following cover all the printing necessary for the resolution for the consideration of the Convention. Other committees, I preConvention at this time: sume, who have had resolutions referred Resolved, That the Committee on the to them, experience the same difficulty Judiciary have leave to print such mat- that the Committee on the Judiciary has ter for the use of the committee as, in its experienced. A large mass of matter has opinion, it lmay be proper to have printed, been thrown before each committee, and The resolution was read twice, and the in some cases it is difficult to decipher the Convention proceeded to consider it. chirography of some of the propositions. Mr. ARMSTRONG. I desire to say, inll I hope this resolution will be suspended explanation of this resolution, that I have until we have the general printing report. offered it by the direction of the Judiciary When that report is made I presume it Committee. There has been referred to will be found that all this printing is prothe committee a very large mass of mat- vided for. ter, and many of the propositions cover- Mr. NEWLIN. In answer to the quesing several pages. The committee, hav- tion of the gentleman fromn Chester, (Mr. ing met s3veral times, have endeavored Darlington,) I will state for the informa CONSTITUTIONAL CONVENTION. 159 tion of the Convention that the Committee thirty-three intelligent minds is not on Printing is prepared to report as soon worthy of being printed. I trust that as it is reached in the order of business. every resolution which has been or may SMr. ARMSTRONG. It is proposed, if be offered in this House will be put in any printing be done under this resolu- print. It is impossible, it is utterly out tion, that it shall be done under the con- of the question, if we compare our notes tract which will be made by the Conven- that we may not obtain some information. tion.. I did not offer.a general resolution I therefore hope all the resolutions will be including all the committees, for the printed by the House. reason that it was supposed to be more MIr. STANTON. I understand the report judicious that each committee should of the Committee on Printing will cover take charge of its own printing, and if any the ground of the proposition of the gencommittee finds it expedient to offer a tleman on my left (Mr. Hunsicker.) It similar resolution it can do so at any is the intention, as I understand it., if the time; but to print the entire mass of report of the committee is accepted, to matter as presented for reference, without give out all the printing, and everything submitting it to the discretionary judg- will be published for the benefit of the ment of each committee, I should think Convention. If I understand the original. would not be proper. If this resolution resolution, it provides for printing for is passed it will enable the Judiciary the use of the committees exclusively. Committee to print what they deem We do not know when we may be able to be proper. When any other commit- to reach the Committee on Printing, and tee present a similar resolution, I hope I think the request of the gentleman the same privilege will be accorded to from Lycoming (Mr. Armstrong) should them. be deferred till the report is made to - Mr. DARLINGTON. I move to amend which I have alluded. the resolution, by striking out the words I understand this morning that the re"Committee on the Judiciary," and in- port of the Committee on Printing will, if serting "each of the standing commit- adopted, involve the printing of all the tees." back action of this Convention up to this Mr. ARMSTRONG. I accept that amend- date. ment. Mr. HuNSIcKER. Just a single word, The PRESIDENT. The resolution will Mr. President. The objection I have to be so modified, and the resolution as the original resolution is this: That the modified will be read. committees are to select what is to be The CHIEF CLERK read as follows: printed, and then it is to be printed for Resolved, That each' of the standing the use of the members of the special committees have leave to print such mat- committee. Now my resolution covers ter for the use of the said committees as the whole ground and furnishes each in their opinion it may be proper to have member in print with what has been alprinted.. ready offered, and all that may be offered Mr. HTNSIcKER. I offer the following in the future, so that every man may amendmient: Strike out all after the word post himself up and be able to vote upon "'resolved," and insert: "That all proposi- all questions intelligently, and also know tions relating to amending the organic what has been referred to the various law be printed for the use of the Conven- committees for their action. tion." IMr. A}RMSTRONG. Air. President: A The PRESIDEN'T. The question is upon single word. One objection which I contile amendment. ceive applies to the amendment is, that MIr. TE M>PLE3. I rise to a point of order, many propositions are nearly identical, which is that the amendment offered by identical in thought, andlc substance, not the gentleman from Montgomery (Mr. always in mere larnguage. It would be Hunsicker) is identical with a resolution better that the committees should take now on the Clerk's desk. them into consider-ation, and, as the resoThe PRESIDENT. There is no point of lution now stands, everything wtlich the order on that. The question is on the committees should deem to be important amendment. would be printed. If it be thought best Mr. STANTON. I trust the amendment that the matter should be printed in suffiwill, not prevail. cient numbers for the use of the C(onvenMr. ALRIcRs. It sounds like irony to tion instead of for the mere use of the say that the work of one hundred and committees, I would have no objection to 160 DEBATES OF THE accepting an amendment of that kind; The resolution, as modified, was then but it would lead to confusion rather than agreed to. otherwise, if, when propositions are nearly identical, they should all be printed HOURS OF SESSION. instead of permitting each committee to Mr. DuNNING offered the following resselect such propositions as they deem of olution: sufficient importance to be printed. The Resolved, That until otherwise ordered resolution, according as it stands with the this Convention shall meet at ten o'clock amendment which I accepted from my A. M., and adjourn at one o'clock P. M. friend from Chester, (Mr. Darlington,) I On the question of proceeding to the think covers the entire ground; under second reading of the resolution it was that everything will be printed that any determined in the negative. standing committee of the House deems Mr. KAINE. I rise to inquire whether to be important. there is not a resolution of that kind In addition to that, in all the commit- pending from yesterday, offered by Mr. tees, the members. themselves, after giv- Dallas. ing considerable reflection to a subject, The PRESIDENT. The question is not have propositions of their own which they debatable. submit. In the Committee on the Judi-. REEGISTER OF WILLS. ciary several propositions, covering quite a number of pages, have been submitted Mlr. TEMPLE offered the following resoby members of the committee itself. If lution, which was. referred to the Conithe amendment, as offered, should pre- mittee on the Judiciary: vail, the committees would have no right Resolved, That the Judiciary Committo publish such propositions; and yet tee be instructed to inquire into the exthey are of very great importance, and pediency of so amending the Constitution ought to be submitted to the consideration as to abolish the office of register of wills, of the committee in a convenient form. and to establish, in lieu thereof, probate I trust, therefore, that the amendment courts in each county of the Commonwill not be adopted, and that the original wealth. proposition, as modified, will pass. I ORDER OF BUSINESS. b)elieve it covers the entice ground. Mr. GIBSON. If it be in order I would [Mr.l COCHRAN. ~~Wilal the gentleman move that the rules be suspended in order fraom Lycoming (Mr. Armstrong) permit that we may hear the report from the Comnne to suggest that he accept, as a modification of his resolution, the insertion of The PRESIDENT. It is not in order now. the words "for the use of the'Convenand before the words fo the se Reports of standing committees will be tiih and before the words ". ford the -use next in order after resolutions are through of the committees?" with. with. aMr. ARi~MSTRONG.: I accept thzat. AMr. DALLAS. 1 move the present conThe PRESIDENT. The resolution will sideration of my resolution,,to meet at bie so modified, and it will be read as eleven o'clock and adjourn at two o'clock mrodified. until further orders, which was pending The CHIEF CLERK read as follows: at the adjournment yesterday. Resolved, That each of the standing The PRESIDENT. That is not at present committees have leave to print such in order. Are thereany nlore matter for the use of the committee and of the Convention as in its opinion it may APPOINTTMENT OF JUDICIAL OFFICERS. think proper to have printed. think proper to have printed. Mr. ALRICKS offered the following res)Mr. iHUNsIciSER. I do not accept that lution, which was referred to the Coinamendment. ThmePuRESIdment. Th~sisamodificatiomittee on the Judiciary: The PRESIDENT. This is a modification Resolved, That the Committee on Judinot of the amendnment but of the original ciary inquire into the expediency of so resolution. The questionis on the amend- amending the Constitution that the Legment offered by the gentleman from islature shall make a provision for subMontgomery (Mr. Hunsicker.) mitting the question to the electors to A division was called, and, less than a determine whether or not all judicial majority of a quorum having voted in the offices should not hereafter be filled by affirmative, the amendment was not the Executive by and with the advice and agreed to. consent of the Senate. CONSTITUTIONAL CONVENTIOKN. 161 H-IoURS OF SESSION. That, having reported that the State Mar. WORPREL~. I offer tlhe following printer was not entitled to the Convenr eseolution: tion printing, under his existing contract, they advertised, as therein directed, for tRe8olved, That until otherwise ordered the Convention wil meet at one. and proposals for printing and binding the the Convention will meet at one P. M. and Journal and Debates of the Convention, adjourn at four P. M., and the committees of the Convention wvill meet at ton A.M. and for such other printing as might be ordered, and also for proposals for printOn the question of proceeding to the ing paper. They have received and hereswith report to the Convention the annexeletermined in the negative. ed blds, numbered from one to twelve, LAW OF LIBEL. consecutively. Tabulated statements Mr. EDWARDS offered the following thereof are hereto appended. resolution, which was read and referred The lowest aggregate bidder for printto the Commnittee on Decla1ratio-n of ing and binding is Joseph S. Lare. The R.tigits: lowest proposal for supplying printing Resolved, That the Committee on Decla- paper is that of William W. Harding. ration of Rights be requested to inquire For the Journal, the Committee recominto the expediency of reporting the bol- menl an octao formin breviertype, solid, lowing section in the place of section seven size ofprinted paper thirty-six ems wide:in the} Declarsation of Rights: and sixty-two emls long; and for the Debates a quarto forml, in three equal columns, twenty-two by eighty-eight brearid publish his sentiments on all subj ects, olm, y-o b vier type, solid-each, the samne to be being responsible for the abuse of that r type, solid-each, the aine to be right; and no law shall be passed to re- They f her recommend that there be They futher recolnmend that there be strain or abridge the liberty of speech. or printed fifteen hundrei copies of the Jourof the press. In all criminal prosecu tions nal and five thound copies of the Do or indicttents for libel the truth may be bates. given in evidence to the jury; and if it They further report the annelexed resolushfall appear to the jury that the matter tion and recommend its passage. charged as libelous is true, and was pubAll of which is respectfully submitted. lished with good motives and forj ustifiable JAMES W. M. NEWlIN ends, the party shall be acquitted, and the Chairman. jury shall have the right to determine the law and the facts under the direction of Resolved, That a COltract be made with the court as in other cases. Joseph S. Lare, in the manner and upon the terms specified in his proposal, to THIE CONAV7~E;iNiTIO~N~ PRINTING. print and bind fifteen hundred copies of I'The PRESIDENT. If there are no more the Journal of the Convention, in octavo original1 resolutions reports of standing form-n, thirty-six by sixty-two ems brevier (ominmittees are now in order. type, solid-two hundred and forty copies %Mr. NE\WINI. IMr. President: I am in- to be furnished daily to the Convention structed by the Committee on Printing to in sheets, and the remainder to be half make a report, with a resolution annexed. bouind; and also to print and bind, in The CHIEF CLERK read the report as quarto form, in three equal columns, follows: twenty-two by eighty-eight erms brevier Tro time Gzonstitutio~ncd C~onvention,: type,' solid, each-five thousand copies of the Debates of the Convention, in the. Thire Committee on Printing and Bind- manner and upon the terms specified in illn to whom was referred the following: his pro3losal, four hundred and eighty 1-"Resolved, That the Committee on (copies to be delivered daily to the ConPPrinting and Binding, when appointed, vention in sheets and the remrainder to ne directed to report whether the contract be half bound; and also that a contract:etwveen the State and the present Public be made w-ith.:the WTilliam W. iarding Printer entitled such printer to the print- to supply the printing paper for the Coning and binding of the Convention, and if vention, in the lnanner and upon the their report on this subject be in the neg- terms specified in his proposal; tle papel aiti-e, then to receive and report to the for the Joulnal to be twenty-bour yr Conve eation bidt fo'r the printing and bind- thirty-eight irches, and to weigh fiftiug of the Convention," respectfullly re- pounds to the reaum; anld tlre paper for' the Debates to be twenty-six by forty 11 162 DEBATES OF THE inches, and to weigh sixty pounds to the The lowest aggregate' bid for printing ream; and that a contract be made-with: the Journal and Debates, and binding B. Singerly to' do all other printing or- them,- wasthe bidof Joseph S. Lare., The dered by:the Convention or required:in lowest bid for stpplying paper was. that the -transaction of its business,ifihe will f: Williamn W. Harding; but,. as I have lo the same at'foity-one and: a quate: er said, no proposal was r-eceived: for miscent. below'ti:p the- pric e eastabiishe.'d b ih'e celanieois printing..nasmuch as the act ofAApril 9,-1836, and the-Sgupplemet' s oi:nittee had::ivdn::pblicnotice by thereto'o FebUar'25, 1862, andd March advertisement in all the'daily- papersof 27, I871, relating:to the public priiiting P-hiladelphia and Harrisburg,- of: the.eand.inding: of the.Stt.-;. quirementof the. Convention, and as n M:5r.-~WiN \- Nnwu rPresident-:I: move- proposal had: been. received for miscelwe proced- to.the second r~ea ing-.and laneous printingithe coniiittee thought presentc-cnsid.ation of the ie-solution.:- it wou-ldibe best to award, or to recoinTmo n wasaged to adthe r- me-nd its being awarded to: the present utio wasieadthesecondtime. State Printer, not as,'State Printer; but as.an individual, and upon the terms pe iMr....WM':.'.. MrPiesido:I. have fledin:his.contract. with the State,:hich been asked and, i-eprsume:allthe: meme- seeis to be extremelylW, - hers-o:f.:: tihe:Committee- on Punti-ngii:-:-ha've I I.:Wi'l -also state,-for- the in'-foimation of been:- asked' by what authlmiity the C0:oi- the.:.Convention that tlhe bid bmade bMy m.,itt'ee.- oinPr-:'::P~:int1n;.'"aJetrtingadveris"edfo.r. bids,-'Mr.. Lar e, coniparing i' t with' the present and therefore I will-begin by stating what contract of the State Printer, and taking is, in substance, stated in the report that into.viewthe difference in the matter-the the:1: resoution Originally refe'ed.;to. —the D ebates — ah'd'Journal of thei-Conventionz C~omllmittee on Printing was to the effect eba I ( homlni:ttee-owhen Printing was to~ theefflect beig in:solid' brevier-that the cost to the that the. - commnittee, ahen appoilnted, Coonvention Of doing its printinig: will be:shoulrd leport to the Convention whetther jst about the same that it would have thlled 6itract with the State.Printer was been:iad it-been awarded under:the corbinding on the Convention, and that if tract of-the state Printerto him as a matthe committee repQrted in the -negative ter of ight as he claimed.' Lhezx~y were then to-receive anfd. re'portbidS y -wer.e thn to- -eiv The anid lrebortbid The lly other matter that I desire to? the C. on5v.entiorii-:.-;. —- --...'::" -: explarin is-vwith regard to the number'of )On the.lastday cf — thie session- at Harris- copies.- -The comlinittee was of the opinion hurg the c:lmnittee did make a report in that:fifteen -hundred -copies of the Jourtlie neg,-ative; that is-to say-, that the State nal wouldabe sufficient, and of that numIPrninter:-was-: not entitled, under his con- ber to furnish two hundred and forty iract to dothe. Convention printing -; copies daily in sheets to the Conventioil.'Inneii'e';di rte t afi te"r the' adjournment a The number two- hundred and forty was neetinig of: t:he-oninittee' was"heidand selected because the "token" for press they —undeir thle instiuctionis contained in work -wlich iscalled for in the blank the.:resolut order of the Convention and receive pro- which certain things thus described dca posals for this printing. They did so, not apply to any printing which tlis Conand reported.those propofitions_ to the- vention':may authoriz.e, I ca h:ave nI1 Convention this monrning. doubt when that public printing is set I come now to the contract about which forth in detail as public printing for the we -hear so munch el. This contract with re- Executive department and for the legisla — gard to the public' printing of the State- tive department, and furthelmore tlst was a contract mad'e, of coruse, with:-refer- that public printing must not bd clone in ence to the matter which was then before Philadelphia, nmust not be' done in any the eye of the Legislature. It included city outside of Harrisburg, I appeal to nothing of this kind. There was no Con- every-nmemlber of this Convention if the vention called at that time. The contract work of a- Conventio- meeting in Philareferred to its subject matter, and:the delphia mus; be done atIiHarisburg ul — subject matte-r —of thle contract as the der t;lle:act of A:ssembly? It seeis to nec printing of the State- as it then: stood. very clear that the originator of that act That was the matter that was in the con-. and the gentleman -who preseed it did notl: templation of the parties, and that was intend it to-have any reference'whatever the matter which was included in the to any work which this Convetion would contract; and the termns of the act of As- do in the way of printing, but only the semubly, I apprehend, had reference simn- work which wais done -at Harrisburg 1:)> ply to the public printing of the State-as the various departments there. it stood at that time. This printing which -Now,:sir, sI shoul-d like tor knowv fromi we propose to do is not properly public thechairmnian of the ommittee on Printprinting ofthe State. This isprinting ofthe ing, fist, whether they were not directec! Convention, necessary for the promulga- to ask for proposals for all the pintino tion of its proceedings and their presenta- necessary to be done by this Convention. tionto the public. It is not properlypublic.and if in the investigation of that matte-r printing of the State. It does not come they ascertained-tlat propo sals could not within the terms of the contract.- -—.Therei be hiad fo-r. all the printing, so -that theywas no such thing. in existene,- at thle were conpelled to divide' the work- an(d time, upon which the conitiact could.give out a cer tin amount of pinting to operate, and therefore we stand here, I -the -lowest bidder ald anlother'certain apprehend, without prolonging this dis- amount to another bidder, and anotherl cussion any further, simply on the ground amount to a party who was notr a biclder. that we have -a right to make our own I think that'ought: to be learly under — arrangements with regard to what work stood. If:it is just as chealYpir tthis Conwe will have done. We interfere with ventionto have part-of its work done at no man's contract; we do not infringe 414 per cent. discount from the prices o1' upon the public, faith and credif of-the 1856, I should like to know how much Commonwealth; but we stand here, with this Convention save o-n the other part of authority to control our own proceediiags, the contract; and if theydid not save any — to dictate our own work and einploy our:thing at all o1 if they are to pay a little own parties to' perform it:..:::: -. - higher rate, I think the members of the Mr. J. PRICE WETHERILL. I do not Convention should- know something about intend to occupy the time of the Conven- it. If it is necessary to divide the work, tion in the discussion of this matter lore'andl if:t-he whole workl can bee done at 41/` than a moment. I supposed this question per cent. discountand.th'e committee have in regard to the right of the Convention -acted not exactly in accordance with their to decide who should do the —woik of instructions, by not receiving proposals printing its proceedings had been settled for the entire work, it seems to me that. CONSTITUTIONAL CONVENTION'. 167 perhaps, if it is cheaper it would be better'W.e reported- in the negative:on the pr)for us. to make a-full contract at 41: per positioni e1bodied in that resolution.- A cent.,-and-not divide it.: -motini was mmade by.-thegentleman fron I do not know anything about Mr. Joseph: Fa-ette e (Mi, Kin'e) t. -i. out.the S. Lare. —-l-3ie-nmay: be:able,- and: he doubt-.word.":' On-that. tes:i questiohn a less is, to do the' work'as we shouldo _like vote of ttiis Conl ention W-as had, andthe it done; but I- see in- the report -that -no report of the conmmittee,' after debate, was security is meintioned for the faithful per- sustained anilld.the ainendment of the formance of this contract.' - gentleman fin Fayett. (Mr. Kaine) Mr., NEWLIN.'-IEedis under bond- now- to-strike o.ut tlhe: w.:ord: not,''.as not in his proposal-to us to the extent of:1:0,- agieed:to. -000. Now when the Con-vetion adjourned Mr. J. PRICE WETERILL.- I ami very there -were sndry amendments peipding. glad to. hear the e:iplanation gi:en by the Mr. KAINE.::il: the.gentteman dlow -c~haiirmlan of the- conmittee.- Ttih report nme to ask him a-question. doesiot:show- it, and I. do not know Mr. N: L. Certainly. whether: 10,000 is sufflcient secuirity. It Mr. KAINE. I want to know of the is a-'matter about- which wve know very gentleman wle:Wtt:h t:h - reporit was; little, and it-is also-a matter about: which adopted.? some very: magnificent figures have been Mr. NE LIN. I: will answer that quesmentioned, and I do hope:- t.tia-t-he.chair- tion. A resoiltiAn embodying the -terms man of the committee will give us all ne- of the. report was.-submitted to the:Coiincessary explanations!; first-,as to howmnuch ventlion. That resolution wast totli effect the Convention wil save by' dividing that the State Printer was. not entitled this work and giving Mr. Joseph S. —Lare -under: his cntact- with t.he. State to do a portion of this work, and next as to the this printing'.- The;- gegntleitn frion Favaimount of. the -security to be given by ette (Mr l Kaine) moved.to-strike out the Mr. Lare forthe'perfonrmance of the con- word -ino6t. Upon: that almendment-the tract, and -fuifther as'to tthe effect of a dis- Honuse.divided, qt/nd it was ccided not'to couht of for ty-one and one-fourth per cent. strike out th.e word n ot.:.Then -there from'tle:prices of -1856.'- -';... weiee.. eher ame'ldmnents o'ffered to the resMr. NEWLIN. In answer to the ques- olution, which amendmen'ts were under tionls -Propounded bynmy colleaguej who co nsideration: when the main question has just.taken his seat, (M-r. J.P. Wether- was'moved, and upon the-: question ill) I would- say that'most of' llis ques- whether the main. qi'esti'on shouldn"fiow tionls would:have: answered; themselves be put,.maj ority of the Conventio n:dehad he taken. the-trouble to examine the cided' in the. tegative, -and it was -then report —which: we' have:- no.w'- under.:con- ruled that where the previous question is sideration.: If he~ had takeun the trouble, called'and upon the- question shall the sir, to —ead the o:tw pages and. a half of main question be now put " it is decided written matter-: which.:is now.on th-e. -in the negative'-itwas uil.ed byfthe PresiClerk's desk, the questions which hedhas deit, and/sustained by a large votebyhele propounded -would have been replied to Conivention, that that put.the main fques-. by that report. -- - tion'out ofthe Iouse for that'dv,-and the Now, sir, as to the matter of authority, Convention -adjourned, leavingthe'mnatter we have the resolution. itself of.Q this - Con- in that shape. vention, which- is recited:in- full in.- the Then, sir, - tie Committee on- Printing report whichl I had:: the honor to make thought, under the resolution of instruc-this'morning.- That: Jrestolition direted.tion' refe'red'to. them, that it was their the,:Committee - on- -Printing to report duty forthwith'to a-vertise for proposals whether the.State Printer-was entitled so as-to'-bpe prepared to make a.:eport to L-unde:"i his -'contract:with':t'eSta'te to. do this: Convention -whei it et -not to this printing, and if the committee re- award- a Contrat, iot -ot:: the:. committee ported:in,the -'neg.ative, then -.f receire to miake-a cont.. raet but to!: report all the — and report;bidsl:."':'- -----...- "'' —:- information on this subjoeet- which:could Now, sir, under the terms: of that reso- be obtained by te' conmittee to the Coonlution, it became. the duty'of -.this com- -vention,'and to aibow the- -C6onventioni to mittee'to receive and. report bids-without:judge:bforitself:'hatit.: ild do. -egard to wlhat action was taken upon the Now, — sir,:'in _regIaid ito- t:his:o cailed report made fromn this: committee upon contract of the State Printer to do this the last day of the session at Harrisburg. work, I always listen with a great deal of 168 DEBATES OF THE pleasure to what is said by the distin-. to make its own contracts outside of this guished gentleman from York (Mr. one. Black.) But with all deference to him Now, sir, as to some other matters of permit me to say that his remarks do not detail upon which I have been interrogo direct to the question before this Con- gated by my colleague frem Philadelphia vention. Now, sir, there are two ques- (Mr. Jno. Price WVetherill.) H-e desires tions involved in the consideration of this to know why it is that a part of the printresolution. The first one is, does the con- ing has been let by proposal, or is recorntract of the State PrIinter cover this work; mended to be let by proposal, and why a and, secondly, if it does cover this work part is recommended to be given to Ben-. in terms, does that contract bind this jamin Singerly as an individual and not Convention? as the State Printer, and why all is not given to him. Now, sir, if we decide the first proposi- N given to him tion in the negative, the next one does ow, sir, if that gentleman had as not occur and ne not be cxtonsi eredo. looked at the' report, which is upon the not occur and need not be considered. Therefor itis un y to table of the Clerk, in this respect, he Therefore it is unneezssary, to my view, thef Convention on this atter view, would see that the proposals framed by ifor the Conventionion thismatternto de- the committee asked for four things: cide the broad question of the sovereignty The asked for bids for printin th,. the, Clon,... l................ They asked for bids for p~-inting thXe of the Convention. I take it, sir, that that Journal and its binding. question does not arise here, because, sir, They asked for bids fior printing the DeI take it that under that very contract, They asked for bids for printing the D bates and its binding. even assuming, for the sake of argument, that it is possible for any branch of the governnment, or all the branches F th printing paper; and h Of the They further asked for proposals for government, to make any contract of this such other printing as might be ordered nature which would bind the Convention, by the Convention. assuming, I say, for the sake of argument, Now, sir, ill be seen at once, by.'.ow, sir, it will be seen at once, by an1y that this is so, I deny, sir, that this con- one, that it was impossible for this com-. tract covers the work in question, not t w rnittee to say what kind of printing and only because the subject matter here only because the subject matter here what amount of printing other than Jourcould not have been contemplated by the friamers of the act of 1856 or its supple- nal and Debates light ie ordered by thc Convention. That is a matter of which. ments, but for another reason, for a very plain, simple reason, which I will now Jplain, simple reason, which I will now for proposals on that point in a general state. It is a matter of fact which I take way. After giving ample public notice it no one on this floor will undertake tooss woud be received deny, that under the very contract with and after receiving twelve bids, it was the State Printer to-day the Legislature does not give to the State Printer the found that none of them were for any-. printing; of its oaw~cn debates. thing except the printing and binding of the Journal and Debates. We had already Then, sir, what position are we placed done everything that we could to get proin? The Legislature makes a contract posals on the other matter for iniscelianefor State printing, and says "we will not ous printing, but no one had bid on that subgive our debates to this Printer. %We will ject. I dare say, for the very reason that I keep them in our own hands, subject to have stated, that it is impossible to state our own control. But this Convention what that will be, though no doubt the must do what the Legislature will not great bulk of the printing will be the bind itself to do. It must give its debates Journal and Debates. The committee, to the State Printer and must print them then, had nothing in the shape of informaunder a contract lmade by another body tion before it except the contract of the and out of its control, and in that way State Printer, and it was the sense of the lose all direction over the printing of its majority of the committee that the mlisown proceedings." Now, sir, I take the cellaneous printing should be offered to ground, on the question of contract or no Benjamin Singerly, as an individual, at contract, that the printing embodied and the same rates specified in his contract called for by this Convention is not in- with the State, there being no bidder whatcluded in the State Printer's contract with ever for that work. the State, So that it is not necessary here One other question has been asked, and and I do not propose to enter now into the that is with regard to the cost. My colquestion of the power of the Convention league has asked me if part of the print CONSTITUTIONAL CONVENTION. 169 ing is given to Benjamin Singerly in this take hinm where he would have no printmanner, why is not all given? I will ing house and have no press; we could make two answers to that. In the first submit him to hundreds of dollars explace we were ordered by the Conven- pense that he never contracted for, betion to advertise for proposals, and we re- cause he is not bound to go out of the city commend that the lowest bidder be of Harrisburg, and is not bound to do this awarded the contract. In the second work, and if he is not bound to do it he place, I will say that as near as the corn- cannot get it by the asking. He cannot rmittee could form aj udgment-and there get this Convention to believe that we are were gentlemen on that committee who bound if he is not. It is upon this quesare practical printers-they were of the tion that my distinguished friend fronm opinion that the Journal and Debates York (Mr. J. S. Black) desires to scare being printed in solid brevier, the cost to this Convention by an allegation of sin the State would be just about the same as arising out of the violation of a contract. it would be under the contract with the I admit the sin if he establishes the violaState Printer. tion, but I deny the premises. Mr. SinI think, sir, I have answered now all gerly being under no obligations to do the the questions propounded by my col- work, is there a man now in this hall that league. would have the hardihood to allege that Mr. M'ALLISTER. I rise, Mr. President, if Mr. Singerly denied his liability he was not to make a speech on the subject of nevertheless liable, and we could hold public printing. It has been so fully dis- him in damages if he did not perform the cussed that I shall not occupy much of contract? It is not a subject matter for your time. I expressed my sentiments which he contracted, and therefore he has in Harrisbhrg in reference to the validity no right to it. of the alleged contract with Mr. Singerly. But can he do it? Can he lay the proThe Convention there decided that it was coedings of this Convention, printed, upon not binding upon the Convention for sev- the desks of the members the morning aferal reasons, and I was satisfied with that ter the business has been transacted, he decision, although a personal friend of living, as he does, in Harrisburg? Surely Mr. Singerly, and although disposed, he cannot. It is just the difference of other things being equal, to have given twenty-four hours delay between having him the contract, not because he had a the work done in Philadelphia and in right to it, but because if the Convention Harrisburg; and shall we subject this had sat in Harrisburg the work would Convention and the people of Pennsylvaprobably have been better done by him nia to this inconvenience? I trow not. than by any other man in the State of The rapidity with which this thing can Pennsylvania. We have, however, re- be done gives it its value. If garbled exmoved from Harrisburg, and I rise to call tracts of the proceedings appear in the pathe attention of the Convention to that pers of the State before the debates have phase bearing upon this alleged contract had time to appear in official form the with Singerly. work will be of little benefit to us. Thus If this Convention is under obligation, it becomes important it be done in the by contract, to give this printing to Mr. quickest possible time, and be subjected Singerly, then Mr. Singerly would be to thenecessary corrections in this House, under obligations to the Convention to and that can only be done by having it performthework. NowIsubInitto every speedily done. member of this Convention whether the Is there any one here who will deny our subject matter contracted for by AMr. Sin- power to prescribe the time within which gerly, in reference to the State printing,was this work is to be printed? Mr. Singerly not in view of the fact. that the work was made a contract for the State printing, to be done, and could be done, and would and he could do it at his leisure. He be done in the city of Harrisburg. Now could occupy the whole year in doing the we have removed from Harrisburg to work; he could do it by daylight; but Philadelphia, and it is said that Mr. Sin- our work requires dispatch, and it regerly will still perform this work; but is quires the night in which to perform it, he under obligations to do it? Did he and night work is expensive when comcontract to do it? If we could bring him pared with day work. Mr. Singerly mlay to Philadelphia to do it then we could have such a contract as will enable him take him to any other point, the mnost re-. to undergo this extra expense. He ought moto within our State bounds. We could not to have such a contract; but if he has 170 DEBATES:OPFTHE contractwhich will justify all -fthese Work to:rSingerly, upon the very nighti:W ork waeSani.-dispatch, andhe ters ino f:hisp-ient contract. c.an-'tcom:plywith (a:i:esolution —iequifig:'Mr:' NiwL-'i.Mr. President: i will the'proce'edi.-ngs.tot —e:aid b l'upon- ortal acctle ap me:ndien.. e offeredi b.y the thlte't'day;:wellenough,::bu be mayt gentleman f romA Lehi gh.(Mr. Rnk) as'a ave " hadaid.coract;tand::ne-'wich par o.f -theresolutio. _WOuld...not~ have ijustifiedt.-'that':.etra Mr co: Mr. Preident-: I rise epense, -and yet he-::bligatio n: pon a point of order.The reslUin now him0 would: ha`ve-b.een,the same,Cold pend ing is'? a:soltuio0n:oJffered-'y: omnw'e, then, undernhis unfafvorable:cnt'it, mittee,- and',:aflpprehend.it is. not in orde r have.iAmposied upon-him all thiese extra to acceptanything -as.an am:endment to expense?-:ie has noright to-the:p intieng it....Th e:chaifmanofacommiittee hias not unless he. olddt His:fight depends the power:;-toaccept any'anldm ent. upon-oni power unde0, r::i~i. a::n U Tunfaivorable There is ani:objectiont. tthis A-mene-dment, conractb. impseup: him'.th dt -of which'I wish to state. t:is'a ixmdoingthis ri era-o and. I -climthat -portant one,-: and I do notthii' k it'is in e hiav'e:niosus-ch;powe... I t. wo'ulds:hiock order:: f hehairnman;to'adept the tlecommo nsense/and th" 6justice ofeavory amendmernt. nan:ia2nnthisbody, ~toimpbse it pon -him.Mr. NEWIN.: withdraw my acceptnudersuCh?.circu-:msances ance of the amendment.. Mi Grn~~QN Mr PeietIflt ThPRSIDENT.' The cceptance is, lmy'duty:- toa:-"~-a w:ordortb:?w4o!'with:re- withdirawn,: and tie:: questi i::s on the gard.to:.thih0s..:question, b.ecauise i:n:ot:oi only amendment. voted for but a dvocated the:idea,:iin'Iar-':.Mr.iC:oaA~ N r./.Pi:'es ntI: Wish iisbuig,: tha't-this contract was not:bind- toenfr. t wLoeamendmen otfik,) ing::'iT'Thi~s': Conention: has eXpiessod its op~inion,.;bu'~..t the opinion ~of!thisConven-: that" itis._practicalin,: po'ssibelfor u's:to tiondoenobt determine:the.law"othe have the. Joural..of..the, vention la.id:::: bhIS.;- e -case.:"-""/- m'Tustbe:eermined b:te upon i::t-tbles on t'olowig niorn Supreme Courtr oftheSate. q - g. The Journl of'thep-rocedinegs is tion: ofi; la-W is"' a iC0tdobtfUl' one;:, - aSs.:-:'not-':a'Pled -enntil":the C:n:ti'on~has de-mice'yth opininofthe diinglsh ed a-dpted:' thcipn.tnt-e foriowgday'and gentleman: ronir'YOik'(Mr*i!S. S.'Black.e') thier:ef~orb"you s an.'n':thave -::a -he'pr(inted Suppose:Mr' Singerly should bring his coy6f:.the:ofcial-Journal furnished in ac.tin for dmages and suppose. the acoan i te P'pose me judges of:t he' SupremeCourt shoulddo- mint- You'canhave the Pebatesbut, not cide-acor'din:gto:the.vie.w of ""my eel- he Jou rnal.: "The Cl'erk'would-notperi~~is.-'' JO~. eage-(Mr.':' J S"Black;.):" then-,:by the mi.t-"tto - psS"o"ut:t of hiStliands:' tilO ii t f ohhd receivled.'//t'he: r~atification -of the Con-;ventit:ibon'.;his:Con~4riin,:fthsere hoben adouble coritiact tobepa'ld fo'ron te Mr. J. Wi F.I WHITE. M. P esident':'It pa'rt!o-f iathe Stae: I'thinkthen, thi;s.Con- strikes me that we.had better- -a~e'but ention'should be-autious "in thirpro- oneiprinte-r- t do all -the work6fhe:Conceedings. They. do" ntmake.the lawof venioix..-I!doubt wh'ethere -Mr.sigerly, thisase T'hatmust be:decided he''er- uner - -: afte..-. his ontrct -iStatePnter ca....~t~i~: ~ demand of us'the''rprhting-f our Ci.: o n-i What'i-wishto subniit to this.:;C'oivn- ~~veifition, - riam in, in thinledo k:that-this ionis thisT.he Committee. onPnting Ciivntioe niay el-ect.-its a o'wnrinter, ieportedn m, so* —. manyWord's, ht.ha thereis but at-the-same:time::Ible ve itwould no diffreince in:the teris;:-.:that whether; be better fi':'us:to [!conimit."the.'enitire Lai reoi _Singei.ly dobes th ork. Wo' i:[th-ti~ere prl:tinng o.f: thpe ton0iventuon..to6 tg;-h'te will: be'io.:saviqngto: ttYhe -C:onventio i Pinte r.Whaoegaibygiingprt suppo'eMi.Singerly wi: no:st tan dpon:ofit to Mr.Lare ad 1art of:it o M Sin a.puncti. los.:: asto -th- r'aso_ w:hl-yi.;ythis ge:ih:~?:.The'o mem'im~tteei:.eportelto usthat puntingir' sho.uld i:' nto-~him-whet:i~.i!m:::~wfie1her we' ga'{ni! i-:ot hing ine onee y:Jby:':sueh..'a it: iid::e' hie s ~- present- &trat.r-uner ersei:.'Itwi{ill-ost' &'the'sfaimi ".to- give ai a n'ew:iotract-if: he-obtains'Ithe r. paort to.. Mr,-.-'..-Mr_.Sin-No matterw.hat our -opi'on: upon- te gerly::Nnothy give'i:tleentire iuesti~int:s6f-a:w involved-.i'nt he'case:-in'ay printfing toie-.mt'nma::Willit.ot -ie.h done be, we —cannot. e.decid'e t-he'm:; a;nd.I think'as'weilland ina-il'prbabiity:btter.?:-:In the.best'thing we can do isYto give the addition to.that, I thinkwe had'better, as CONST.TU.TONAL CON.ENTION. 171 fa- as.poqsible,.get. clear of. all. omplica- Mr,. Rux.. I.desire.:to modifY i-tlie-corntions. ar-ising o0ut- of. t':he,: printi and GIg ptii -of -my amen t,- by bindi'ng. ithe iC:on.v:iti io?.-M, ih/merly strikifig -otit thJwid:'had," andziinsertas comtract.'with the.Sttodoits in'gf"aft-erthe abeiia'prd' b ro'." printing: and.binding. H, I.is -paid -for- it Th-e Psi'iEIr.:. The.eamed mef,. is so by-law.:''Now'ifwecotnmit: the priling, m'difie. d andi. binding- -of'o —ur:Convention — "tohe: The question-being.on tlheafh'riudment State. -Printer, do.-;, nt we not ge e f f t-.egen leman froim Lehigh, -Mr. trouEble anld compiictions in the way of Think, the amendment: Ws.rejected. payments. it is pledge' to-:im::He -s Mr. J. S BcK':..Inow movetohlnend paid by lawani-:d we wili be r1 ienve.d -of all the -resol-tion offered by the comiittee, trouble upon-:the subjee- It-'doies seem as-follow;.. Strike ot -all-alfter:'f te word to me th't instea of debating that ieso- "resolved," and inse-t::lution we had' -better adopt a reslution "Tht all printing and binding ordered whichI hold iii:myhan. I would like byte nntionhalbe B a-.to. offeiit hs.an amendment if- i isin 6:r- m iningerly, State Printeri, whhal'lbe der: Ifnot in Order at present;ill.: ry ireq'4red:. todo it-'under — the - terms and t;ooffer it at.-the:piopeiti. I:: is to te cnditions -of his existing ontract -with effe:t th'at:-the.:-;Committee on Prin:ing be the- Co.mon.ealth.' instiucted.to-maee_ an ari'anement: with Mr. DA;-RLii:NOTOoN. I would!be.-glad to theState -Pintel!.: to.dQ:ali:the p inting know,:at thisIstage,. fr mthe: members of and':bidingo.f the: Conven'tion,.provi-id tihe:cmniittee;,-o somiebo.dy' eqse.,:-hich that- he;. will: d-:it in sucdh tin as maybe -isthe cieaperforthe Commonwealth, the fixed by.:the comnniittee.and': in, accord- Singe ly: ontact, or b;e other. I-want t ance: with:.'h the teriis of h:'is'' piie'sent''cqn- ~ votefor't-he c he apest. -tract with: the: State. It.sesito-m that:.:::'Mr: President: -:-I: will that -i-ti1 relieve/:us-' of all trouble:and:answer that( qu'estion as:ear as.such a difficulty.., At:airrisbui — I was.unwiiing question can- be answe red-on theinftormato nake'a direct'-col-tiat.i-a th t'eState- tion.:in-the possessionof h-ecoi:inittee. Priinteror t-o:comit:t t hi foithis -Itwas.the opinio.n of. the com:mitte:e, -: reason.-I;-I: thought We Jad —better i'nue have- already- stated;to:theo venton, whetier.we:- could. nt. get —-hese -things thiatthe cos:'undei-the -bid ofJephS. d one'e heaper;O:ir 0co{mmittee ha-s:.de Larea:ouldbe:the:sameasnunder theexthat.:Theyi h. ve iadvertised PhiIdel- isting contr et:iwth Benjalin.Sige'rly, phia aknd got bids fioniprinters in:Shi -u State Printei I wouldalso take: ceasioni delphaand in P ttsmg. nd ey have to'.-sta'te a mattetr of'hear iay':bu perhaps'fo:/u-a that a.pin'ter'in i'ttsb.urg'is''il- o-f in~tereqst,.Whic'h may satisfy s''o'.e'geii linioto;,do t-he ruti hleer than any olemen:a. the possibi ity o f-. a. disagg'eepi-gltei in P~hiladelphi'a Itd-est neY- n n eoontebetweni thle ielowest-bi.dder. and en - cessarillyfollow tht he. inteds' tai e it jamin Singerly,-that the full name Iof. the to Pittsburg and oit:.there and bring it lowest bidder is- Joseph -Singerl Late.; back toPhiladelphia.::Nor does it f-ollow _ Mr i:S. A.; PURIA:NCE.- Mr.: President: that.l-Mr. Singerly.- would-.takle it -to H-Iar- I,!articigated:.in the diseussionaen.o this risbui'g. - -. They -w.'ould:bing- lit.bring- -' her ino suj ect at.iHarisburg. I ha'.e onilSyto:say doubt;..:I say we'havne the::fa>ct.'repoted' tthe otinion -hich Itheine'expressed, by the.coqminitee.that.we- gain:othin gby th-t, thii's i pr'inting com es- within::: the..progiving -i:to. another ipr'iter. It'' is- ho'ter' v~isioni of.thie act of. theLegslatireof.'f1871, for us to give: it. toMr. Singerly.t.'and —we ha-a'bnot been. i.-b:n the least' changed.' If; may do it without -our;:- belvin that:-we however, as sated by the gentleman from are-boind to do it. — it is better for us.to.Yok, tu matter h as been-adjudicated, do so, because it relieves-us of~-alI diffi tlhen-the dooisaie'closed h;but ce.tainlyI culties ab. t -.the; mtter.. - Let the' com — tinktha is no tthe "ic,2seO:T report miittee make a cntract withthte Sta'te itself acts_ upon- thvery qUestion as:to Printer':tb doal the printing andbindin whetler this priftin s-a g th Stae of the Convention, provided:he will -gree Printeor o not. to do it.in-'t;tlch timeias0.the:committee Myobjectin:risingSfo the rpose of may.direct-te-:. Debates and.JernnaI. to a:-s.:e'rnigan arUm'ent;made that this be furn'shed:iaily. - an laid upon -'te was not contemplat'ed at:the:'uic f-t-ie:desks-:loftheCinv.e nti iat: the o'pening o'f passage -ofthe act of 1871.If::'i.'te i the sess0ion the- dayafter the dibatsiha-re will make a-ieferetnco': th'e" /pcee-dings takeni. place and thI proceedings-had. of -the Legisliture-:tley Will-tind that -in 172 DEBATES OF TIE January, 1871, this subject of the calling a Convention to revise or amend the Conof a convention to amend the Constitution stitution of the State." Page 278, H. J. was then discussed by both bodies. Peti- Feb. 9th. The House resumed the contions were presented, and in February, sideration of the same. Page 290, H. J. 1871, a bill was passed-the very bill Feb. 15th. Same subject. Page 341, under the authority of which we meet H. J. here in Convention. You will observe, Finally, on Feb. 27th, the bill passed sir, that that was prior to the passage of the House. Page 390, H. J. the act of 27th March, 1871, by which the Senate Journal, same session, Mr. allotment was made. Therefore, I say, Buckalew read in place, a bill, entitled this subject was in the contemplation of "An Act to provide for a revision of the the members of the Legislature of 1871 Constitution of Pennsylvania," and so when they passed that act. through the Senate Journal. See pages Mrl. BROOMALL. I would like, Mr. 400,794,809. In addition to that I am informed that President, to ask the gentleman a ques- In addition to that I am nformed that stion. I see bya the nact of 185, under whilst the bill for the calling of the Contion. I see by the act of 1856, under vention to amend the Constitution was that a Superintendent of Public Printing in progress of discussion, an interview is provided for, and that, by the first sec- d between Mr. Buckalew and Mr. tion, no public printing or binding shall Singerly on the subject of the State printbe performed for the State unless pre- ing,andthatthe State Printerwas thereviously ordered or authorized in writing by induced to believe that the printing by the Superintendent of Public Printing, to be done under the act of 1871, would How could such printing as this have justly and properly fall to him. been contemplated? ~We could not, on Now, Mr. President, it seens to me that hypothesis, get along at all without that when the report of the Printing Comthe consent of a Superintendent of Public mittee is before us, and when it appears Printing. that there is no difference in the cost of the printing as between that done by Mr. Mr. S. A. PURVIANCE. I answer, that Singerly and that done by those named if a contract -was made, and that contract in the report, we should certainly give it had a binding obligation upon the State, to Mr. The argument made by it rises higher than any discretion that the gentleman from Centre (Mr. Alliste the gentleman from Centre (Mr. Allister) might be exercised by the Superintend- that r. Singerly could not be forced to ent of Public Printing. For the satisfaccome here and do it is fully answered by the ifact that Mr. Singerly, the only man (Mr. Broomnall,) I refer to the leg- who could make complaint, is here,'eady islative proceedings of January, 1871. I to assule the duty of the printing of te to assume the duty of the printing of the wish the members to bear in mind that proceedings of this Convention. this act was passed on the 27th of March, 18'71:' Mr. MANN. It is very apparent that Jan 18th, 1871. Mr. Mann read in place, there are differenmes of opinion as to the "'An&Act to provide for calling a Convent- legality of Mr. Singerly's claim to this tion to revise or amend the Constitution printing. Gentlemenof great legalability of the Stavte." Page 130, HI. J. have taken opposite sides on that quesJan. 27th, 1871. "The1 H.ous resolved tion. Some say he has a contract binding Jan. 27th, 1871. "The House resolved itself into a committee of the whole Mr. upon the Comnmonwealth to do this work; Strangelf in theo a chair, on bill o. 59, en others say he has not. Therefore there Strang in the -hair, on bill No. 59, entitled Now I is grave doubt on the subject. Now I "An Act to plovide for the calling of a Convention to revise fora the Callgon ask, in all candor, of the delegates of this Convention to revise or amend the Con- stitution of the State.'" Page 176, H. J. Convento in a case would an honorable man do in a case where another man Jan. 27th, 1871. Messrs. Purcell and comes before him claiming that he has a Darrah presented a petition from the citi- contract with him which le alleges to be zeus of Bucks county on the same subj ect binding upon him, and some of the ablest Page a178, H. J. legal gentlemen of the Commonwealth Feb. 3d, 1871. Mr. White presented pe- say they, too, think it binding upon him titions from Philadelphia on same subject. -even though others differ as to itPage 236, H. J. what, I say, would an honorable man do Feb. 8th, 1871. A session was ordered under such circumstances? Why he to be held for the consideration of an act, would give the benefit of the doubt to the entitled " An Act to provide for calling of opposite party. He would let the man CONSTITUTIONAL CONVENTION. 173 have the contract. How is it possible for State who can do it. It just comes down us to hesitate? A gentleman of certainly to this: We have made a contract with a as. much legal ability as can be found in man believed, by some of our memnbers, this Commonwealth, has, upon this floor, as the best man in the State, and I believe asserted his belief that this contract is it is binding upon us. Others of us think binding, which was made by the Com- not. It is therefore doubtful. monwealth with Mr. Singerly, to do all Mr. ARMSTRONG. I desire tosay a very the public printing and binding of the few words in relation to this contract. I Commonwealth. There is a report of the do not object in any manner that Mr. Printing Committee showing that it is as Singerly should have this printing, but I favorable a contract as could have been do object to his claiming it as part of his made. contract. Now it will be noticed that his It is my opinion, Mr. President, having contract has relation to the act of 1856, by a pretty intimate acquaintance with the which the printing is to be done under contract and with the report of the corn- the direction of the State Superintendent, mittee, that it is more favorable than any who shall reside at Harrisburg. The contract that can be made, and yet we are second section provides: "Nor shall any asked to disregard it under all these cir- book be published at the expense of the cumstances, and to turn about and mlake State, or additional copies of any book be a contract that cannot possibly receive futrnished by the Public Printer, unless that share of attention in the making by virtue of or express authority of law." that the one has received which we have Now we propose to do printing which is already made. not authorized by any law. There is I make these remarks not with any in- nothing in this act which authorizes this tention to reflect upon the Committee on Convention, or which provides for its Printing. I believe they have done what printing, nor is there any act of Assemnany committee would do under the cir- bly whi(h provides for the printing of cumlstances; but I must deny that the this Convention. We do it under the statement made by some gentlemen here general power which appertains to us as that the Convention has decided this mat- a body authorized by the State at large, ter one way or the other is correct. The and whose authority carries with it everyConvention has decided nothing on this thing which is essential to its business and point. When the Committee on Printing a proper discharge of its duties, and printreported at Harrisburg a resolution that ing is one of them. But there is no pubMr. Singerly was not entitled to it, an- lie law, nor is there anything in any law other gentleman moved to strike out the which empowers this Convention to proword "not," which was passed, but the vide for the printing of books to be made resolution itself was not put or carried at by this Convention, and yet this very act all, and it is still pending. But, sir, in the has expressed that no book shall be pubresolution of the gentleman from Fayette, lished unless by virtue or expressauthorithe Convention did, by various votes, ex- ty of law. press a purpose to give this printing to Then, again, the Superintendent has Mr. Singerly. the right to supervise and superintend This is the position in which we stand. this printing. Can it be that this ConvenThere has been no vote of this Convention tion has not a right to say that we shall deciding this matter one way or another. take the whole direction of this matter, It is not a question which properly be- and that it shall be printed according to longs to this Convention. We are here to the schedule to be pro- ounced and which reform the organic laws of the State, and is provided for in this act? I think not. not to overrule contracts which refer to These schedules of prices are fixed and the printing of such matters. The people determined as a matter provided for in never contemplated anything of the kind. this act; but there is printing to be done We are here to protect the rights of the not provided for in the act. The price is people inviolate. INow it is intimated if to be arranged between the Public Printer the printing is assigned to the State and the Superintendent, Why then apPrinter that there will be delay in the point a committee who shall determine performance of the work. Mr. Singerly the prices for this Convention? If we are is somewhat known as a Public Printer, bound by this law, in any particular, we and I will stake my reputation that if he are bound by it in all particulars. If we cannot do this work satisfactorily and are bound to confer this printing upon promptly there is no other printer in the the Public Printer we are bound to take 1-74 DEBATES.OF:.THE with- it:those:provisions whiil req uire: a _powerwh ich has-been decided by an that it should be:''done: under the direc- overwhelming vote ofthis Convention,that tion, off the Superintendent of Public:ris6s above tliepower of the Legislature. Printing, Which will put this-res1 uotion When. w'e undertake:to do our printing, outside of ouir:powver. /Thse question of not under any law of the Conmmnwealth, prices will be -beyond.ou.r reach, belause but uder the- gen-eral powers-'vested in the same law provides':that prices, the, th isConventio n, we:do it under the terms value.of:which cannot. beaffixed or other-.whi'hhthe Convention itself has the right-; wise'asetsetained,; u:under:the- printing act to;impose.: I think, therefore, that no of 1856, as-this act -shallI be: paid for at a question 0f public hith is involved, nor rate.fcompQnsation to. be affixed-in the can it be justly claimed that it is: within mlanner povided i' the fourth: division the general purview of this-contract. of the. section,. subject, however, to the Mr. J. W. F. WHITE. I offer the folcontrol and:authority'of thel audi-to lowng amendment to the amendment: General."- ":'Tha the Committee on: Printing be Now that -provides wha.t? The-: price instrted:to make —an arrangement with of the,same shall be:, affixed: and: deter the State Printer to do all the printing mined:.betixeen:-the:Suprintendent. and nald:binding:ofthe C iovent i: Provided, the Public Piinter. He wll-e iiagree to do it:at such times and in If then, we-acoept-tthis act and transfer suchl: manner as -the C::onvention may dithe printing into:the hiands: of the Public rect, on the terins;of his present' contract Printer, wre trainsfcr' t' him and the Su — witlhthe.State." perintendent-ofiPrinting, under. the very The:PIESIENT.:That amendment is terms of t'his'act,'not only the right to not -now in order. It cannot now be resuperintend- the:..printing, but to affi- the ceived, price td:be paid: between themselves, and Mr. J-. W. F. WHIT:E. -What I intended then, too, to:.affixand determine the,price to say then is that I'am opposed to the wholly and totally- beyond the power-of aendlment as it now stands, and I will this Convention or its control. We can- give my reasons for it. The actof Assemnot accept part of this act without accept- bly in relation to the State Printer, so far i ng it all. X: And I: do think that it would- as I understand it, does not affix any time be unwise;- in:the highest degree, to. en- for his doing-this work. Now we ought trust, not-0only the superintendency of the to have some arrangement with the printer printing, but the prices to be paid, to any as to s.hen he will furnish the printing for two.men- of -.this Commonwealth, when it the —:Convention. This'is an important is printing which- is not provided for by:'matter: for us to consider. This is parany schedule which is part of this act.- If ticularly what is desired to be accomMArI. Singerly is the lowest and best bid- plished in the amendment of Judge Black. dler there is -nothing objectionable in I will-say further that I am unwilling, as him, and he is entirely competent,-so I a member of this: Convention, to commit understand; but what I object to is that myself to the position that we are bound to it shall be claimed, upon this floor,- that, give this printing and binding to the Stateupon the very. terms of the contract, we Printer, and for this reason: If he has are bound and must come to the. conclu- the right by laxw to this printing, and we sion that he must do the printing. This put ourselves into the position of giving consideration, however, is not within the it to him in pursuance- to: that law, we purview oftlhis contract. have no control over him at all. There was no Convention. There could Then we have no control over him. He b)e in the contemplation.of.the Legisla- can- take his own tim e and do as he pleases, ture no printing of this Convention, and I and we have no voice or control over the take it to be settled everywhere that there matter, or the time when he shall do the is nothing in the contract that is not with- work.' Therefore I am unwilling to take in the contemplation of-the parties. Why? that.position. I am willing that the If a man contracts to sell all the grain he' contract'shall be made with him, or an can raise upon his farm he is bound to de- arrangement made with him by which he liver it, but-if he.buys another farm and shal-l do the-work in the time and in the raises grain upon that, it is not included manner- that the Convention shall direct, within the -contract. The two things are and on'the price of his present contract separate. The Legislature had the right with the State. -I think that is all that to impose prices and conditions upon the Mr. Singerly ought to ask of us. I think printing which they control, but we are it will satisfy the Convention and harmo CONSTI TUTTIONAI, CONVENTION. i7 nize all views entirely, and: that is what: I- Wetherill,:J.: M., W. etherill, John Price suggest to. Judge Black. as a:.mzodifieation and Meredith -t President:35. of his amendment, i.r iflLoti wIvill.-put it So te amendment wasgreed to. in.a pro:per.shap. Mr. EwLIN. If it is in ordeir atlthis The: P-.ESIDENT.. If the'.gbentleman ti will.take the tir-ou-ble. tbo..lodIfy his amendd- The PREsI)iNT..omting. is' in iorder meunt, so as,to -mazk.e i-i-t a- amendment until.the Chairhlas stated:the question to the amenaent, it:;wil be.inoi.The question:is -on. the: ires ltioii asTh question is o. the: amen dment. ameded. Tho quesn'N:.":n..-..' I,."t:'.'.'o~d'2.''" The amendnent. was not agreed to. Mr. N.WJ,. If it is inorder-to make Mr. J.WF WHITE.. I-,ov oer r such a motion I moveo toamend,- by strikmodification-'as an:amendment. Strie ing o:t the WrOds. "State Pr-ier. amd inse~.::ie i~ord,,Beinjamini.Singer." out all after- the ord resolve-d," and in- insert t -w rd " tmB i rigly That "ieaches tihesamre resi1tialt.d ob iateB sert: serTh the.:dicffieulty of this Conivention recogniz-,," That the -(ommi-mtee on P-rintinug: be-: ii-.: - —:t-.. s structe6dtomake: an arrangeite.ntwith'the binn. -nd.thisConention State. Pri-nter -:to:do -ali: the:Fpriniting.antd [lThe PiREIDENii _.- -. The. qudstion. is -:upon binding of:the C-onvention::-roided, the resolution s amended. He will- agree:to do It-in such- time and mIanner as~- the Co-nvention may direct, The resolution as amended waS. agreed to. and on the tierms of his:present -conltract with -the State. Mr..BuoIAX:w:. B:efore: the SUbject is The' PiRESIDENT.'.The question is on disp d of, desire to Call tse attenitio adopting tis amendent.of the aConvention to one.questio The —. - ya and nayswerereqiedbyit seems to.:le is of importance -:The form The yeas a nd nays were-. reqtired by -... -:-;- - anA~~~~or d Msize inwhich these volum es of Debates lr. Simp'so and i. Templeand were and: Journal shall be -,issued. -' The Com - sistoW, viz:........... -............. as. follow,-vz mittee-on Printing' seem to-entbrtain the Y:E A S. idea of publishing our debates in volumles of what-is called quarto size, large, br-oad iMessrs. Achenbach, Ainey, Alricks, An- volumes which cannot be put in any ordidrews, Armstrong, Baer, Baily, (Perry,) nary book-case books of the size of the Bailey, -(Huntingdon,) -:Bannan, Barclay, d n Bartholomew, Beebe, Black, Charles A., therere, for dispostion ad maaetherefo'-,'.ore'.ispostio n" amd: aiage2 Bowman.3 Brown, BuekaleW, -.Church,.. -.. -. ment by most.of those in whose hands Clark, Corbett, Corson, Craig, Cronmiller Curry, Curtin, De France, Dunthey will fall; and. yet, while they have Curry, Curtin,' De Franee;"Dunning, Ed-''nck, -' made or prposed this arrangement for the wards, Elliott, Ewing Fulton, Funck, w Ellitt, E* ig F, volune of Debates, they propose that the Gibson, Gilpin, Gowen, Guthrie, Hall, Journal of the Convention shall be inl Hanna, Harvey, Hazzard, Ilemphill, Hopkins, Horton Howard u c K'ie,'octavo size, so that you cannot have both kins,- Horton.,'oward, ILunsie ker, Kaine, - - Laalerton Lawrence, L-eanr,;Clean, these b0oks o:. ~together to members of La'be' the Convention and to others, and be conMacConnell, M"Murray, -Macvoeagnh, MaicCouncl, M'Murray, Ma-' eagh, veniently placed in the same receptacle. Mann, Mantor, Metzger, Mott,-oNiles, Patrsons,. Patterson, T. H. B., Patton, Porter, Now my idea is that it would be better Purmnai, Purviance, John N., Purviance, to publish all these volumes which- we SamnuelA, Read, John R., Reed, ndrew, issue of octavo size, conformed to the Reynolds, S. H.: Rooke, Sharpe, Smith, established practice in'll ordinary cases, because the Conressnala tice:is xHenry MW. Van Reed, -Walker, VVherry, aea p ngression ractice is exWVhite, David N., White, J. W.- F., Wood- ceptional, and stads upon a peculiar arwTAard, Worrell and Wright_-78. rangement connected withl the publication of the enormous mass of:matter. NAYS..NA Y S. which is issued at the city.of Washington, ifesssrs. Addcicks, Baker, Bardsley, and which is. made up, day by day, into Biddle,.. Brodhead, -Broomall, Campbell, quarto form from -the' columns of a newsCar'ey, Carter, Cochran, Collins, Cuyler, paper.: I'io not know, slr, of any ConDarlington, Davis, Fell,; F' ney, Hay, vention in this-:country which has folKnight, Lilly, Long, M'Allister, M'Cul- lowed the'Congressional; example, except loch, Newlin, Palller, G i'W.; Patterson, the case of the Conventlon of Illinoi'sD. W.,: Reynolds, James L.,'Ross, Runk, The New York-, Convention adopted amn Russell, Simpson, Stanton, Temple, octavo size, and so did many other States 176 DEBATES OF THE that have held Conventions in recent We are to make arrangements with the years. In England the Parliamentary State Printer to do this work insuchmanD)ebates are issued in octavo form or size, ner as the Convention shall determine. and I hope that we will get a full and con- Are we to enter into a contract with the venient use of our publications, and we State Printer in those general terms, or can only accomplish this by adopting the are we to reduce the contract to some ordinary and established practice, so that specified terms? The matter is now out members of the Convention and others of the hands of the committee, and we to whomn our books go, if not public are acting under explicit instructions of libraries, can have books that they can the Convention. Are we to make a genconveniently use and which readers can eral contract that the work shall be done conveniently use and handle hereafter. as the Convention shall hereafter order, If it is in order to further amend this or are we now authorized to go on and deresolution by adding matter, not taking cide the form of the volume, the size of out, I will offer the following resolution: the type to be used, or is that to be left Resolved, That the publication of the at sea? Certainly if the Convention deJournal and of the Debates shall be in vol- termine that we shall make an arrangeunnes of octavo size. ment with the printer, we ought to have Mr. LILLY.'Mr. President: I desire some specific instructions as to the form further to amend the original report of and manner in which it is to be done. the committee, by increasing the number Mr. NE\ WLIN. Mr. President: I desire of sheets we are to be furnished with also to call attention to another practical from four hundred and eighty to seven difficulty, which is not provided for by lundred and twenty. the resolution as amended. Who is to The PRESIDENT. The original resolu- furnish the paper? The resolution as tion is not now before the House. The amended refers to printing and binding. question is upon the amendment of the There were separate proposals made for,entleman from Columbia (Mr. Bucka- furnishing paper, and a part of the origilew.) nal resolution refers to that subject. The Mr. DARLINGTON. I would like to in- resolution as amended is silent upon that quire whether there are not well known subject. differences in octaves. Some are called The question being upon the amendlarge and some small octavo. The octave ment offered by the gentleman from Colin which the Debates of the last Conven- umbia, (Mr. Buckalew,) it was agreed to. tion were printed was very small. The question then being upon the resoMr. BUCKALEW. I am willing to leave lution as amended, it was agreed to. the matter of details to the committee. THE ATHE!EUTVI. Mr. J. W. F. WF. TITE. I would make one suggestion to the members of the Con- The PRESIDENT. By unanimous conv-ention. Would it not be better for us sent the Chair will present an invitation now to simply fix the question as to addressed to the melbers of the Convenwhom the printer is to be, according to tioa, which was received a few moments the amendment which has just been ago. agree to, that the printer shall do all Thle Clerk read as follows: the printing and binding of the Convea- cT'he directors of the Athenseunr reiiol-that embraces the past as well as spectfully invite the members of the Conthe future-in such time as the Conven- vention, at their pleasure, to visit the tion may direct? I suggest all these rools of the association during the sesamendments had better be withdrawn sion of the Convention." until we fix the question as to whom the printer s1hall be. SSUFFRAGE, ELECTION AND REPRESENTATION'. Mr. COCeHRAN. Mr. President: As a Imemlber of the Committee on Printing, I Mr. M'ALLISTER. Mr. President: The feel somewhat embarrassed by the form Comm3nittee on Suffrage, Election and Repwhich this resolution has now assuned. resentation have, for several days, had The whole resolution of the comlllmittee ulnder consideration subjects referred to hlas been stricken out, and an entirely new thlem. I would state that, in discharging rmatter substituted therefor. a part of the duties assigned to theml, they It is very dilicult for 1me to understand have agreed upon two sections, and have exactly wlhat the power of the Comlmit- directed me to report the salle, asking the tee on Printing is under this resolution. concurrence of thie Convention therein. CONSTITUTIONAL CONVENTION. 177 The CLEniK read the report, as follows: bordinate officers and employees in the SECT. -. The general election shall be discharge of their duties. held on the Tuesday next following the Resolved, That the Chief Clerk be and first Mondclay in November, but the Leg- he is directed to appoint five additional islature may, by law, fix a different day, pages, at the salme compensation as those two-thirds of each House consenting already employed. thereto. The report and resolutions were laid on SECT. -. All elections for city, ward, the table, borough and township officers, for regular terms of service, shall be held on the THANKS TO ATIZNEIIJ. third Friday of March. Mr. GowEN. Mr. President: I ask the The PRESIDENT. Reports fioml select unanimous consent of the Convention to committees are now in order. offer a resolution returning the thanks of Mr. ADDnICSs. Mr. President: The comr- the Convention to the directors of the mittee appointed to confer with the author- Atheneum. for the invitation extended to ities of the city of Philadelphia, in rela- its members. tion to the provision of proper accommo- The resolution was agreed to. dations for this Convention, have instruct- SESSIONS OF THE CONVENTION. ed me to make the following report: That they have been met by the coun Mr. KAINE. I move that t-e Convencilsof Philadelphia, acting by appropia tion now priocee to the second reading comlmittee, anld by the commissioncizs of and consideration of the resolution of the city property, and other officials, aith the igentleman fron PhillelpliL, (M.l Da1utmzost courtesy ancd libernlitx, al this las,) which was pending at the time of hail, with its appuritenances, iis no pa the adjourn-ment of the Convention yessented for the use of theConvention,with ter'day-that the Convention hereafter a hope that the efforts of the city of Phila meet at eleven oclock- A. M. and adjolrn delphia, seconded by such sliht ssist- at two o'clock P. M. rnce as your comnnmittee have bhcen able to The m. otion ~was agreed to. recnder in the mnatter, will meet w! ith the Mr. WOODoWnARD. Mr. Presidelnt: I approbation of all those for whose corn- rise for the purpose of stating to my friend fort and convenience they are intended, from FPayette, (Mr. Kaine,) and to all other and that all omissions and deficiencies gentlemen who are interested in tixing the will be overlooked in view of the brief hour ofthe acldjournent of this Convention time permitted for the completion of the that, in my judgmnent, it is a great mistake. necessary work. I have no objection whatever to eleven Your committee deem it proper to say o'clock as the hour of meeting, but I that, in their opinion, there should be would not limit the majority of this body added to the standing committees of the by any fixed hour for its adjournment, Convention one to be called the House and I will tell you why. In these inCommittee, to have in charg'e the general cipient stages of the Convention the time care of all the property co,nfided to the is completely devoted to the working of Convention. And, moreover, in view of committees rather than of the Conventhe arrangemnent of the hall, committee tion. It will be important for us to take rooms, and other apartments, there exists most of the day for the work of commita necessity for not less than ten pages. tees. Some days it may be possible for For the above reasons we recommend the us to terminate a long debate by sitting a adoption of the annexed resolutions. little longer. Some days we may wish to Respeetfully submitted. adjourn at the very hour at which we JOHN E. ADDIC(KS, meet, in order to give the committees an GEO. M. DALLAS, opportunity to do their work. JAMES BOYD, Other days we may want to protract the M. HALL STANTON, session a little in order to terminate a diEDWARD R. WORRELL. vision. In my judgment a specific hour'lThe resolutions are as follow: for the adjournment -of this body ought Re.solved, That there be added to the not to be fixed. The majority of this body standing conmmnittees one to consist of five is quite competent to fix that when it belnenlbers, to be known as the House comes proper that it should do, and in Conimmittee, which shall have charge of order that the majority may have the conall the property in the use of the Conven- trol of that subject, and that our time may tion, and shall control and direct its su- be properly husbanded, I trust we will 12 178 DEBATES OF THI-E vote down that part of the resolution that the course of a week or two, or a month, relates to the hour for adjournment. I I will be perfectly willing to agree to have no objection to having eleven o'clock the. proposition of my friend, Judge as the hour for meeting; I think it quite Woodward. But if we meet at eleven late enough and early enough also. Ten o'clock in the morning that will give o'clock is, in my opinion, too early. Let committees time to meet and have some us, therefore, make eleven o'clock our action. If we adjourn at two o'clock ill -meeting hour, and let us leave the ques- the afternoon that will give the committion of adjourning to be decided from day tees time to meet and have some further to day by the body. If you fix two o'clock action; therefore I am in favor of the as the uniform hour of adjournment you resolution-not offered by me, but by my embarrass the Convention in its labors. I friend Mr. Dallas, yesterday-the one submit, therefore, that the hour for ad- which is before the committee. journmnent be left to the majority without Mr. WOODWARD. I move to amend, by the mention of any special hour. The striking out the hour for adjournment. Chair has decided that notwithstanding Mr. LILLY. I believe my resolution is that the hour was fixed at two o'clock, before the Convention. there should always be a vote of the Con- The PRESIDENT. The question is on the vention on an adjournment. amendment of Mr. Lilly, to strike out all The PRESIDENT. NO; the gentleman after the word "'resolved," and inselt: is mistaken there. The matter was sub- "That hereafter the hour of meeting of mitted to the House, and the Convention this Convention shall be two o'clock P.., decided that no vote was necessary. and the hour of adjournment six P. M., Mr. WTOODWA RD. I had a different un- and that the sessions of Saturdays be exderlstanding. I should prefer the House elusively for general debate." to decide, day by clay, when to adjourn. Mr. MAcVEAGH. I would be very glad I do not want the majority to be bound if the Convention will, for one moment, by that part of the resolution. consider the attitude in which it will be YMr. LILLY. I lnove to strike out all placed by the adoption of the origina, after thle word " resolved," and insert the resolution,'even as amended. The Confollowilng: vention can adopt either one of two "That hereafter the hour of meeting of methods of procedure; give a considerathis Convention shall be two o'clock P. ble section of the morning to its commitBMf., and the hour of adjournment six P. tees, or a considerable section of the afterM., and that the sessions of Saturday be noon to its committees; but I submit that exclusively for general debate." by meeting at eleven o'clock you prevent It is conceded by every member on this any effective action of your committees floor that the greater portion of the work in the morning, and in the afternoon the of this Convention is to be done in conm- sessions hold until so late an hour that mittee. I think the morning is the best you prevent any effective meeting of your time of the day for the labors of the com- committees. If you will give until noon mittees. WThen our minds are fresh and of every day to your committees they can clear as they are then we can do as much have a thorough and satisfactory session Twork in an hour as we can do at another -such a session alone as is valuable to time in two hours. We can, if we get to such committees asthose onthe Judiciary, work in committee in good time in the on Legislation, and on other cardinal morning, sit in commnittee right through questions before the Convention. Or you without interruption, and do much better may dispose of it by meeting at ten and than -by a division of the time. adjourning at twelve. That will give a Mr. KAINE. E[Mr. President: In answer solid session to the committees —a session to the remarks of my friend, Judge extending over considerable time. If, Woodward, I will merely say this: That however, you meet at eleven and keep o.n the Convention already controls its hours until two, you cannot expect a very effectof adjournment, notwithstanding the ive meeting of the committees before the standing order to adjourn every day at session, nor a very effective one after-. two o'clock.:If the Convention desires to For the first few weeks I beg the gentleadjourna.before two it can do so by a sim- men to meet in such a manner as will enaple majority vote. ble the committees to put the work in orFor the present, I desire that this Con- der. The most energetic chairman does vention shall meet at eleven o'clock in not call his committee togetber until halfthle.e-reliing anLnd adjourn at two; but, in past nine in the morning. By the timres CONSTITUTIONAL CONVENTION. 179 the commlnittee gets well into work, if the ment, a division was called, which rehour of meeting of the Convention be sulted as follows: Yeas fifty-five, nays imade eleven o'clock, it is about time to fifty-seven. come into this hall, so that the morning So the amendment was agreed to. is productive of almost nothing. I hope the House will take the matter earnestly The PRSIENT. The question is no into consideration, and come to such a upon the resolution as lnended. conclusion as will enable the Convention Mr. KAINE. I have no objection to the to economize its time. Convention arranging its hour of meeting, IMr. GOWEN. I understandc that the but I do object to its arranging the hour of amendment now is that of the gentleman meeting of the committees. It is very fromn Carbon, (Mr. Lilly,) to meet at two likely that every member of this Conveno'clock and adjourn at six, and on that I tion is on two committees, and certainly desire to say a few words. Yesterday a we canlot expect to be in two places at proposition was made to meet at telve one time. The accommodations for the and adjourn at three or four; but it must various committees are very small, ancd be evident that for some weeks the prin- notwithstanding there are twenty-six or cipal part of the work nmust be done by twenty-seven committees, the members of commzittees. I think themeeting of com- ~only six or eight committees can be acmittees should be held in the mnorming- commodatecl. I hope the resolution, as not in the evening. Many of us are bur- now amended, will be voted dlown. It is dlened enough with business outside as impossible to comply with the reqnirewell as inside in the Convention to enti- Lents of that resolution in respect to the tile us to spend an hour or two at home of meeting of the committees. That time an evening; and those of our friends who may suit the gentleman who offered the come from a distance would doubtless resolution, but I venture to say that it like to know something of the blandish- will not suit any other member of the ments of Philadephia society of which Convention. something was said while we were at Mr. DUNNING. Mr. Prescdent: I think Harrisburg. Hence, one difficulty about now, Mr. President, that it will be more sitting -from twelve to three or four is desirable that the amended resolution that it will infringe upon the hour when should be adopted. The gentleman froni many of the members have been accus- Fayette (Mr. Kaine) mnade a few mistakes tomedto dining. If, however, the amend- in the course of his remarks. I think ment of the gentleman from Carbon (Mr. every one will understand that all the Lilly) is adopted, there will be arnple committees will not be required to meet time in the morning for meetings of corn- unless they have business to transact, alinittees, at the same time enabling those though this resolution fixes the time they accustomed to dine at twelve or one to shall imeet. The gentleman is also mishave their dinner and afterwards meet in taken in his statement that every member Convention. Then when we adjourn, say of the Convention is on two colmmittees. at five or six, the business of the day is I know many gentlemen who are not completed. Hence, I hope the members on two committees, and, in fact, I know will see that the best hour of meeting for of some comnmittees that have now no the next few weeks at any rate is two buVsiness to attend to. I know that I am o'clock. on one committee anad have not yet disThe question being upon the amend- covered anything to do. There are, no ment as offered by Mr. Lilly, a division doubt, imhportant comm'iittees in this Conwas ordcred and resulted: Affirmative, vention, and there willbe inmportant bus'forty-four, negative, fifty-five. ess comning before them, and if they canSo the amendment was rejected.: leetr at ten o'clock in the morning to The PRESIDENT. The question is on triansaict this business, andthe Convention the resolution. assemnble at two o'clock, ample time willl Mr. WOODWAxRD. I offer the iblloivTino 1hs fforcled for the consideration of these amendment to the resolution: rtters. "'Resolved, That untilotherwise orcd rced, 1Mr. FUNCIm. I move to amend, by the committees of this body are dir!mc d aclding "that the Convention will hold to meet at ten o'clock in the mornin?;, anicl no sessions on Saturdays." that the Convention, until otherwvi:ce or- On this amendment the yeas and nays dered, will rmeet at noon of each day. 5 were required by Mr. Darlington and Mr The question being upon the amrend- j. p. Wetherill, and were as fllowv, viz: 18 DI)EBATES OF TiE Y E AS.. -Mn KAI'NEI, I nowi call for a divi ion Messrs. Adidicks, Ainey,.Andrews, of the question, so as to separate the. art Armlstrong, Bailey, (Huntingcon,) Ba- lwhich determinhes the hour at whiaih the ker, Bannan, Bardsley, Brtholomew, Convention shall meet frcm that Tihl Brodhe an, Brnoorlall, Buack hmleww, Carey, aIaliest to the committees. If the. Clerk Cassicy, Cochran, Corson, Cronmiller, vill read the resolution I will in'icat-e Curtin, Davis, Fell, Finney,, Fniek, Gi- hat lean son,. Goiwen, Hanna, tIarvey, Ifemphill, The PREt:sIENT. The Clerk'Will r-end'Ieverin, Hunsicker, IKnight, Lamberton, the resolutio. n. Lear, Lilly, Littleton, Long, MacVeagh,r The CrEJRni. 1esolsed, That until otler,Metzger, Palmer, G. W., Parsons, Reed, wise ordered the col mittees of this ConAndrew, Reynoltds, James L,, Reynoldcs, ention are orciered to meet at ten o'clock S. HI., Roloke, RossP Runk, Sharpe, Simp- in the molming-, and that the GConrvention, soln, Smnith, Helnry V., Stasnton, Temple, utintil "otherwise ordered, shall eet at Van Reed, Wetherill, J. i., VWetherill, noon of each cdav John P'ice, Whlerryv, WoCKidardcl anc W orelttl5(hThe T Pn:FES,-IDEENT.. The questicIn has been dcivided. at tlhe r-equest of the, gentleN A Y S. man firom'Fhyette, (MVr1.. Kaine, aid. the Messrs. Achenbach, Allicks, aelr question will be first on the part which ry,) Barelates teo the oarder elf the commnittees and Baily, (Perry,%) Barclay, Beebe, Blac'k, t Charles, A., Black, J. S., Bowman, Boyd, then ulon the ereiaing parLt of t e resoCampbell, Carter, Church, Ccllins, Cor- ltin, which lates to the meeting. o, bett, Craig, Curry, Darlington, De France, tle Cbnxeltion itself. Dunning,.Edwards,,Elliott, vwilngrFulton, The cquestien ist firs-t upoanl the orde r for Gilpin, Guthrie, Hall, Hay, Hazzard, lHop- corimmittees. kins, IHorton, Howard,. Kaine, M'Allister, This was not a-greed to. M'Clean, MacConnell, M'Culloch, M'Mur- The PILESSIDENT. Tlhe question is now ray, Mann, Mantor, lMott, Niles, Patter- 1pon the latter part of the r1esltion son, D.. W., Patterson, T. H. B., Pattonr lpin che elates to the oetiag o tbe ConPorter,. Purman, Purviance, John N..,'rention at noon. Purviance,'Sanuel A., Read, John R., Russell, Walker, White, David; N., White, n the question of agreeing to the reso J.' W. F., Wri.t alndMel dith, Pi-esicgg Intion a dlivis-ion was callecd, which re— 56. surlted, yeas fifty-seven, nays fifty-three. So the ameldmlent was rejected. So tle questian was agreed tc. The PRESIDE NT. The question is on Mr. ItUN~SCICw.E. I mo(Ve tlhat the Conthe resolution as amended. Those who vention do now adjourn. are in favor of the resolut ion as; am.endded This' was, agreed to, and the: Cb'owe ntion will;say so.. adjourxned, at 1,57 P. MN'<[ CONSTITUTIONAL CONVENTION. 181 THIRTEENTH DAY. TIIURSDAY, JanGary 9, 1873. may they so accomplish the work Thou The Convention met at twelve o'clock L hast laid upon them, that it shall cornPrayer was offered by the Rev. Dr. H. mend itself to Thy approval, anld greatly A. Boalrdman, as bfollows: kredound in the years to come, to the true O, Thou, who art the King, eternDal, im- peace, prosperity and well-being of the imortal and invisible., the only wise God, ommonwealth. Heasr the voice of sup-. to-day we adore and worship Thee. In plication;D slrinkle us with the blood the naim-e of our Redeemer we render of the Cross, and accept and save us, thanks to Thee for Thy great goodness through Christ or Redeemer. Amen. and mery towrards the lan1d in which e The Journal of yesterday was read, dwelL Thou art our God, and we will amended and approved.,bless Thee, our fathers' God, and iwe rill The P ESIDENT. I wiSh to remark to glorify Thy name. We praise Thee tlha^t the members of the Convention that the TiouL hast given 1us a goodly heritage. (construction of this chamber is such that'Ve bless Thee for our free institutions the least whisper or lowest hum of conand our equal laws; for peace, plenty versation confuses the whole hearing atmosphere, so that nothing can be disand for the inytitutions of learnoin g. e tinctly heard, either at the Chair or in hnumrbly invtoke Tly b lessing uponi Thy the body of the House. The Chair there3rvalnt. tlhe Presicdnt of the Un~it4ed fore ventures earnestly to( suggest to Sbates, upon. his Cabinet, and upon the mlmers th propriety of observing the members the propriety of observing the two Houses of Congress, andcl all who greatest quiet It doe not, doubtless occur to them that so much inconveniare in authority. We humbly pray ence could result froln so subdued a tone that, ~ in the past, so in the future, Th'aou wilt be our ever present c- as is observed; and with this mention of onant, guardian, keeper and friend. the sujet I havenodoubtthe members Cleanse the land from vice and immorali- w ill bear the point in mind, ty; from discord and faction; from infi- LEAVE OF ABSENCE. tdelity and atheism, and from all that is Mr. WooDWARD. I rise to ask leave of dflfensive in Thy sight. Let Thy benedic- absence for imy coleag-ue Franklin B. tion rest upon the ComTmonwealth in Gowen, on account of sudden death of whicb we dwelL Bless Thly servant, the his father, at Mount Airy. He will be Chief Magistrate of this State, its Legisla- absent for one week, and I hope the Conture and its churches, and especially, 0 vention will grant him leave of absence Lord, we invoke Thy benediction upon for that tinle Leave granted. Thly servants here assembled in Conventiona. BXANKS OF ISSUE. The source of all power, the fountain of Air. FuNcK offbred the following resoall truth, we entreat Thee to guide thy ser- lution, which was referred to the CornYants by Thy unerring counsel, imbue mittee on Private Corporations: thelm with large and just views of the Resolved, That the Committee on Prigreatiness and the solemnnity of the task vate Corporations be instructed to inquire Thou hast laid upon them. Deliver and into and report upon the expediency of s.) preserve them from all unworthy aims amending the Constitution as to prohibit.a-ld Mlotives, forgetting all mlere local all banks of issue from paying interest on ties, all mere partisan attachments, all deposits as to make it a part of their gene-;sectarian prejudices; may they rise to the ral business to borrow money and again calm, faithful and devnout consideration to lend out the same at interest. of the questions to be submitted to them. Also, the following resolution, which Preserve Thy servants from error and was referred to the Committee on Taxamistake in all times of doubt, perplexity tion: anll enmbarrassment. May the pillar of Resolved, That the Committee on Revecloud appear and go before them, and nue, Taxation and Finance be instructed 182 DIEBA1TES OF THE to inquire into and report on the expedi- into the expediency of aimending tihe ency of so amending the Constitution as fourth paragraph of the Declaration of to compel all banks, savings institutions Rights, so as to read: "That no person and other monied corporations and co- shall be disqualified to hold any office partnerships formed for the purpose of or place of trust or profit, or to testilfdealing in money, discounting paper, bor- as a witness, or to exercise the right of rowing and receiving money on deposit, suffrage on account of his religious sentifor which interest or a bonus is paid, to menits." make quarterly returns, under oath, of the money so borrowed or deposited with TRI BY JRY thenm at interest, to the end that the same Also, of amnding tle sixtll plagrlah mlay be subjected to taxation, so as to read: "'That the right of trial by jury shall remain inviolate in all cases in LEA0VE OF ABSENCE. which either party shall demand the Mr. PURMAN. I desire to ask leave of samle." absence for Judge Black for the reinain- Ancd of adding to the thirteenth para — der of the week. Leave granted. graph the words:, "Nor shall the life of PENAL CONFINEMENT. any person be taken as a punishment for crinle. " Mr. WHERRY offered the following preamble and resolution, which were re- TIE SINKIING FUND. ferred to the Committee on Declaration of Mr. DE FRANCE offered the following nRights: resolution of inquiry, which was twice WHEREAS, It is a universally admitted read and agreec to: principle in criminal law that an accused Resolved, That the Comissioes o person is to be presulned innocent until the Sinling Fund of t he Comalonwealth lie is convicted: be respectfully requested to lay before And whereas, Although society, in vir- the Constitational Convention a statetue of its right of lawful self-protection, ment showing what part, if any, of the may subject its members to preventive Sinking Fund of the Colmonwealth has detention as the temporary hostages' of been used or applied otherwise than in justices, yet the sacred obligation of pro- the extinguishment of the public debt tection requires at its hands the exercise since the close of the rebellion, and if any of parental guardianship over the ac- partof said Siliing Fund has been apeused, and the full protection of their pt otherwie, for at purposes, be a rights as citizens. P ie Resolved, That the amended Constitution ought to contain some provision, PRIVATE OPE1TY. whereby accused persons and those de- MIr. DEFRANCE also offered the followtamlirled as witnesses mnaS be protectedI ing resolution, which was reflrred to the firom the penal confinement inflicted upon Coimittee on Declaration of Rights: c~o.nvicted crimicnaRls. Resolved, That private property shail COMMON PLEAS JURISDICTION. not be taken or damsaged for public use rI1r. BROOMALL offered the following without just compensation, and the iee of' resolution, which was referred to the land taken for railroad tracks without the Judiciary Commllittee: consent of the owners thereof shall reResolved, That the Committee on the main in such owners, subject to the use Judiciary be instructed to inquire into for which it is taken, and private property the expediency of requiring the judges of shall never be taken, ullel auy pretest the courts of colnmmon pleas, and other for private use. courts of like jurisdiction, to decide ques- TRIAL BY JURY. tions of fact as well as law, in all cases inl w+hich lneither palrty shall demlandll a n Also, the following, which was referrec. u~r~~ y trial. to the samle comnllittee: Resolved, That the trial by jury in all OFFICIAL QUALIFICATION. cases in which it has heretofore been used Also, the following, which was referred shall relmain inviolate forever, except thlat to the Comlmittee on Declaration of in suitsin justices' courts provision may Rights: be nadle by law for trial by a jury of less Resolved, That the Committee on Decla- than twelve men, but a jury trial imay be rition of Rights be instructed to inquire waived by the parties in all civil cases. CONSTITUTIONAL CONVENTION. 183 SPECIAL PRIVILEGES. charter has been or may be ostensibly Also, the following, which was referred obtained, and that no corporation shall to the sanme colulnittee: have or be given any greater franchises Resolved, That there be added to the than such as are common to corporations seveteenth sectio ofof of the specific class or denomination. Rights the following: "Or making irrevo- RICT-IT OF EAMIIEN'T DOMAIN. cable any grant of special privileges or Also, the following resolution, whichl imhnamlunurit~ies shall be passed." was referred to the samne committee: OFFICIAL ELIG:IBILITY. Resolved, That the Committee on ConMr. PARSONS offered the following reso- stitutional Sanctions inqclui e into the exlution, which was referred to the Comnmit- peciency of so amendino the Constitution tee on Suffrage: that the exercise of the right of eminent -Resolved, That the Committee on Edu- domain shall never be so far abricdged as.cation be requested to inquire into the ex- to prevent the Legislature from revokinil pediency of reporting the following franchises or taking the property of incoramendment to the Constitution: "No per- porated companies, and subjecting it to son shall have the right to vote or be eligi- the public necessity in the samle manner ble to office under the Constitution of this and extent as the property of individuals Commlionwealth who shall not be able to can be taken or subjected. read the Constitution in the English lan- RAILROAD PRIOPERTY. guage ancd write his llname: Povided, guagon~~~~~~ n wt' Also, the following, which waas referred however, That the provisions of this z' to the Conllmittee on Railroads and Caamnendmnent shall not apply to any person tonls: prevented by a physical disability from Resoe on ailcomplying with its requisitions, nor to coplyin' with its requisitions, or to roads and Canals inquire into the expediany person who now has the right to vote, ency of so nlending the Constitution thlt nor to any person who shall be sixty years tie rolling stock and other movable of age or upwards at the time this amend- property of aty rail'oad company or other nent shall take effect." corporation in this State shall be considPROTHONOTARIES AND COURT CLERtIS. ered personal property, and as such liable Mr. TEIMPLE offelred the follo~wing reso- to levy ancl sale on execution in the same iution, which was referred to the Colmit- manneras the pesonal popert ofn tee on the Judiciary: ral persons. Resolved, That it be referred to tile ap- CUMULATIVE VOTING FOR CORPORATIORN propriate commrnittee, so as to amend the DIRECTORS. Constitution of this Conlmonwealth, as to Mr. CAMPBELL offered the followving give the appointment of prothonotaries resolution, wmich was re-erred to the Col and clerks of courts to the courts, respect- Inittee on Private Corporations: ively, of which they shall be officers. Resolved, That the Coulmmittee on PriSESSIONS OF THE LEGISLATURE. vate Corporations be instructed to inquire into the expediency of adopting a section of the Constitution provicling,as is now resolution, which was referred to the Con- Constitution initte On Le atreprovided in thle Illinois Constitution, that; inittee on Legislature: SECTION-. The General Assem:bly shall Resolved, That the Committee on Legisprovide by law that in all elections for diiature be instructed to inquire into the exrectors or mllanagers of incorporated comnpediencyv of so amending the Constitution * panies every stockholder shall have the that the sessions of the Legislature be held p right to vote, in person or by proxy, for y. te nuber of shares of stock owned by CORPORATION FRANCHISES. him for as many persons as there are diMr. ALRICKS offered the following reso- rectors or managers to be elected, or to lution, which was referred to the Corn- cumnulate said shares and give one calndimittee on Constitutional Sanctions: date as many votes as the number of diResolved, That the Committee on Con- rectors multiplied by the number of his stitutional Sanctions inquire into the ex- shares of stock shall equal, or to dclistribpedliency of so amending the Constitution ute them on the same principle among that all franchises which shall have been or as many candidates as he shall thin k fit, ilay be granted to a corporation shall be and such directors or managers shall not limlited to the special object for which the be elected in any other manner. `184 )$DEBATES OF TIHE nrEQUIRING VOTI1NG AT DELEGA&TE ELEC Inmittee on Suffrage, Election and RepreTIONS. sentation: Mr. RUNIc offered the following resolu- Resolved, That the Committee on Suf tion, which was referred to the Committee fi'age, lElection and Representation be reon Suffrage, Election and Representation: quested to inquire into and report to this Resolved, That the Conmmittee on Suf- Convention whether in their opinion a frage, Election and Representation be re- provision should be incorporated in the quested to inquire into and report upon Constitution authorizing the womlen of the expecliency of so amending the Con- this State to exercise the elective franstitution as to reqtuire candidates for all chise, when they shall ask that right by at elective offices to be put in nominationby majority of all the votes given by citizen delegates, or otherwise, in the selection of females, over the age of twenty-one years, which all legal voters of the district shall at an election called for this purpose, at be required to participate, under penalty which the women alone shall have the of being deprived of their vote at the right to vote. election to fill such offices. TI[EI COMPOSITICON OF THE LEGISLATURE. A CONVENTION DIRECTORY,. ir.1', J. M. WETHrERILL. I offer the Mr. WORRELL ofthied the following, resolution, which was referred to the:followilng resolution: Committee on Legoislature: Resolved, That the Sergeant-at-Arns be _Resolved, Tlat the legislative power of directed to prepare andl have printed, for this Commonwealth be vested in a Genthe use of the Cone ention, two hundred ral l copies of a directory of the residences whh shal consst of a Senate and House of Representatives: Ioding places, in Philadelphia, of the lodgingeels d. luenbets of tile Conentio1 Provided, That no bill shall become a law offeers and members of the Convention. The resolution was read a second time. except it pass in each House a reading in full on three different days, and in each of On the questiol of tgreeing to the reso- r lution, suc.1l readings, in either H-)ouse, be ap-. Mr. NILES said: Mr. President: t proved by a majority of all the membertscomprising such House. The vcotes of seems to me that this is premature, as to each House to be determined by yeas and my certain knowledge very many meinnays, and the names of the persons voting bers of the Convention have noot selected' their permanent places of Ifor or against the bill shall be enterectd or ir pmante n e fresidence. I the Journals of each House respectively. am amuong the numnber. Mr.'rTEMPLE. I fully agree with what ABOLITION OF CAPITAL PUNISI3HMENT. has been said by the gentleman who has j ust taken his seat. In fact I know, prob- lr. CA wTEa offered the ig resoably, a dozen members of the Convention lution, which was referred to the Comwho have not yet permanently located mitteeonLegislation: themselves fobrits sittings, and I believe Resolved, That the Comnmittee on Legthe Convention would act wisely by de- islation be instructed to inquire into the ferring action upon the resolution for at expediency of abolishing capital punishleast a week or ten days, which would be ment, and substituting in lieu thereof imIn ample time for a provision of this kind. prisonment for life, with entire withOnly last evening I was spoken to by half drawal of the pardoning power, unless in a dozen gentlemen of the Convention who such eases when innocence may be justated that they had been unable to pro- dicially ploven after conviction; and the cure suitable boarding places. Tlhey will Legislature shall pass the necessary laws all do so in the course of the next wee}, to provide for the trinl by jury of the antd wvere the Colvelvtion to act apoil tilhe question of innocence in such cases, the resolutiol nlow, the probability is that QUALIFICATIONS OF ELECTORS. the book, as printed, would be useless, I M-r. MACCONiELL offered the following hope, therefore, that the subject will be resolution, Which was refe'rec to the postponed, and I move that tho considerCommittee on Suffrage % ation of the resolution be postponed until esotped, That in elections by the oitione week fi'om to-dcay. zens every free person of the age of The ]notion was agreed to. twenty-one years, being a citizen of the WOMAN SUFFRAGE, United States, having resided in good Mr. MANTOPR offered the following reso- faith and continuously in this Commonlution, whicl was referred to the Coqw,- wealth o!ve tfull year, and il the electioi CONS TITUTIONAL CONVENTION. 1S5 district wvhere he or she offers to vote t-wo United States and the Constitution of the full months ilmmediadely preceeding such Comllonwealth of Pennsylvania, amnd election, and within two years paid a State will faithfully discharge my duties as a or county tax which shall have been as- member of said councils, according to tlhe sessed at least ten days before the election, best of my ability, and that I have not, shall enjoy the rights of an elector: Pro-' knowingly or intentionally, paid or convided, That a citizen of the United States tributed anything, or made any pronm-ise who had previously been a qualified voter in the nature of a bribe, to directly or inin this State, and removed therefrom and directly influence or to affect my nomira3turned, and who shall have resided in nation or election to said oflice, and have the election district and paid taxes as not accepted, nor will accept or reicive, aforesaid, shall be entitled to vote after directly or indirectly, anymloneyor o.ther residing in the State six months: And valuable thing frorn any corporation, providedfaurther: That females not owning company or person, nor will I be contaxable property, and persons between cerned or interested in any contract, jot), the ages of twenty-one and twenty-two arrangement or contirvance through years, being citizens of the United States, which any profit nmay be made for any and having resided in the State and elec- vote or influence I malny give or withhold tion district as aforesaid, shall be entitled in reference to any official act." to vote, although they shall not have paid This oath shall be administered by one taxes as aforesaid. of the judges of the court of common This proposition shall, at the same timne pleas; shall be filed and recorded in a thLt this amended Constitution is voted book prepared for that purpose by said on, be voted on separately by the persons councils, the record of which shall be eltitled to vote by the Constitution as it comlpetent evidence on any trial. Any nlow is, and by such fefrlales as would be menlber who shall refuse to take the entitled to vote if this proposition was a oath herein prescribed shall forfeit his part of the Constitution, except that no office, and every membcr who shall be t'ellmale shall be required to have paid convicted in any criminal court of viotaxes to entitle her to vote thereon. The lating said oath or affirmation shall not tickets shall have on their inside the only forfeit his ofilce, be punished as words " for femlale suffrage " or "against in other cases of perjury, but shall be disfemlale suffrage," as the case may be, and qualified thereafter from holding any ofshall have endorsed thereon the words flee of profit or trust in this Common" female suffrage," and the names of the wealth. persons voting on said proposition shall QUALIFIATIONS OF UDGES. QUALIFICATIO NS OF fUDOES. be kept on a separate list. If a nmajority of the votes cast on said proposition shall IMr. ConsoN offerecl the following resobe for female suffrage said proposition lution, which was referred fo the Cornshall be a part of the Constitution, and mittee on the.udiciary: shall take the place of section - of the ar- Resolved, That all judges shall be tidle on suffrage; but if a majority of learned in the law, and members of the said votes shall be against female suftrage legal profession, who, after regular apsaid proposition shall not be a part of the prenticeship, shall have been regularly Constitution. admitted to the bar. OATH OF OFFICE FOR CITY COUINCILIMEN. ASSESSSSIENT OF REAL ESTATE. Mr. BARcLrAY offered thle foilowvillg Mr. S. H. RIEYNOLDS offered the followresolution, which was eferred to the ing resolution, which was referred to the Committee on County, Township anld Comlittee on Txation: Bsorou.gh Officers; Resolved, That all real estate within Resolved, That the Committee to which this Comnmonwealth shall, for the purthe following resolution shall be referred poses of taxation, be assessed at its full be instructed to inquire into the expe- market value. dieney of requiring of every memrber of every body of councils, of every city or QUALIFICATIONS OF JURORS. borough of this Commonwealth, the f)l- Mr. HEVERIN offered the following lowing oath or affirmation, which he resolution, which was referred to the shall take and subscribe before entering Colmmittee on the Judiciary: upon his official duties: Resolved, That the Committee on the "I do solemnly swear (or affirm) that I Judiciary be instructed to inquire into the will support the Constitution of the expediency of amending the Constitution DEBATES OF THE so as to provide that the formation or ex- one license shall be granted for five hunpression of an opinion shall not disqualify dred of population. anyv citizen fiom acting as a juror. NEW STATE OFFICERS. WITNESSES. Mr. BOYD offered the following resoluAlso, the following, which was read and tion, which was read and referred to the referred to the Committee on the Bill of Committee on the Executive Department: Rights: Resolved, That the Committee on the Resolved, That the Committee on Bill Executive Department be instructed to of Rights inquire into the expediency of inquire into the expediency of creating allending the Constitution so as to pro- the following new officers: vide that all persons shall be competent One Lieutenant Governor, to be elected witnesses in every case and under all by the people at large; one Commissioner cir-EZcumstances. of Insurance and one Inspector General SALARY OF THE GOVERNOR, of Iron, to be appointed by the Governor. Mr. BOYD also offered the following as frt. J. P. WETHETRILL offered the fol- an amendment to the Constitution, which lowing resolution, which was read and was read and referred to the Committee referred to the Committee on Executive on the Executive Department: Department: " The Secretary of the Commlionwealth Resolved, That the Committee on the and the Attorney General shall be elected Executive be instructed to inquire into by the people at large." the expediency of adopting the following sectiorn: ADDITIONAL STANDING CO3IMIITTEE. That the Governor shall, at stated times, Mr. J. M. VWETH:ERILL. Mr. President: receive for his services a compensation, I offer the following resolution, and ask which shall be neither increased or dimin- that it lie over one dayv under the rules: ished during the period, beginning on Resolved, That the rules of the Conventhe day of his election by the people, and tion be amended, by adding an addiextending through the period for which tional commnittee, to wit: "No. 28. A Colnhe has been elected. mittee of nine on Federal Relations." The resolution was laid upon the table. INDUSTRIAL STATISTICS. AMri. ED\WARTADS o~ffered the folloNwing INTEREST ON THE STATE DEBT. resolution, which wras read and referred Mr. J. N. PURVIANCE offered the folto the Committee on Agriculture: lowing, which was twice read and agreed -Reolved, That the Committee on Agri- to: cultlure, Mining, Manufactures and Com- Resolved, That the State Treasurer be lmerce be recquested to inquire into the requested to furnish the Convention a expediency of reporting the following, as statement of the allount of interest paid a part of the Constitution: annually (n the State debt from 1845 to It shall be the duty of the Legislature 1872, inclusive, showing, specifically, the to establish by law a full and comlplete amount due and paid annually each system of' detailed statistics of all kinds year. of n-manlufactures, conlmmerce and a'ricul- The PrESIDENT. Reports from standtlure; also the mineral resources of this ing coulmittees are nowv in order. Comulollonwealth, to include the quantity MILEAGE OF IEMBIRS. and quality of each, and where located, to the end that the people may have a full Mr. HAY, froml the Committee on Acknowledge of the resources of this Coen- conts and Expenditures of thise Convenmolevealtih in all these depa`rtmnents. tion, submuitted the following report and resolution, which were read by the GRANTING OF LICENSES. Clerk: 1%_Mr. BRODHEAD offered the following The Committee on Accounts and Exresolution, which was read and referred penditures of the Convention respectfully to the Comnlmittee on Legislation: report: Resolved, That the Cormmittee on Legis- That the mlemlbers whose namnes are lation be requested to inquire into the upon the following list are entitled to the propriety of limiting the granting of li- sums placed oppoMite their respective censes for the sale of spirituous, vinous names, for their mileage to and fromu and malt liquors in the cities and bor- Harrisburg, on the first sessionl of the oughs of the State, so that not more than Convention, viz: CONSTITUTIONAL CONVENTION. 187 so as to include the namne of Charles LilNAME. R1ESIDENCE. l h ley, who was the sixth boy. _ _ r[ The PRESIDENT. AIn amendmlent is not in order. The proper mnotion would be. J. Baer......... Somerset.........400 40 00 to re-commit the subject to the Committee G. J. Barclay....... Readlg........... 108 10 SO J. P. Cronmiller.... Middleburg.......1140 14 00 Oll Accounts and Expenditures. M. F. Elliott........ Wellsboro'. 500 50 00 r. Jos. BAILY. Nothing could be A. C. Finney........ Clearfield.........322 32 20 T. R. Hazzard...... Monongahela City. 560 56 00 gained by such a course. The colmmittee J. B. Ni les..Wellsboro......... 5 50 060 ~~have had the subject under consideration, G. W. Palmner...... Humphreysville... 282 28 20 H. W. Palmer...... Wilkesbarre....... 226 22 60 and I think it would be well to have it Levi Rooke......... Winfield.......... 60 6 00 settled by the Convention. That John G. Freeze, formerly a mnem- The PRESIDENT. The whole subject is her of this Convention fromn the Fifteenth entirely out of order. The rules of the Senlatorial district, is entitled to be paid Convention require that the Committee tile suii of fifteen dollars, aend DaLniel L. on Accounts shall examine and report all Rhone, formaerly a menmlber of this Con- such subjects. If they approve thern the vention firoml the Thirteenth Senatorial Convention is then to say whether it shall. district, is entitled to be paid the suim of The gentleman can reach his object by twenty-two dollars and sixty cents, for moving to re-commit. mileage to and from Hl-arrisburg, at the Mr. Jos. BAILY. If I can get the subfirst session of the Convention. j ect re-commllitted with instructions I amn safe. I know what tihle cormmittee will do. That Charles R. Buckalew and C. E. TWighat, noCa mer Iers of the Canventiond I move that the report be referred back to the committee, with instructions to insert are entitled to the sum of fifty dollars for the conittee, to inseCt postage, stationery and contingencies. They further r'eport that tire Chief Mr. KAINE. Allow me to suggest to the Tlhey further report that the Chief Clerk has fuLrnished a list of six pages, gentleman that this can be arrived at by the -unanimous consent of the Conyenwho served, according to his certificilte, during ten1 dan wouldc seem to require the isolato secure the position of' alderman for tion of judicial functions from theinlfluthose who are unfitted for it by training, ence of political passions, and that the by habits and by character; and it isonly complexity of large muni il>alities brings because their victims are habitually the so many candidates before the people poor and friendless that their brutal and that it becomes imlposssiblefor the ayerage venal tyranny fails to attract general at- voter always to exercise a carefut distention and to arouse the sternest popular crimination with respect to the mualtiindignation. The abolition of the system plicty of namles presented tol im upon his which gives rise to these abuses is so ticket, We have therefore proposed that generally recognized as desirable that it this amendment should apply only to the l.as been formally recommended by the cities, without distutrbilng the existing grand inquest of the city of Philaelphia system in lo-alities where a less dense in a recent presentment. popullation and simpler interests enable No greater boaon could be confelred on the citize1 to act with greater knowledge, the cernnlunity than a system by which and deliberation. cheap and equal justice could be had byv If it should be urged that such aprpointpoor and rich alike. To secure this we ing power wouldc result in these maiaiswould urge you to adopt a plan. by which trates being all of one political faith, we the office of a magistrate of the lower would answer that the power of re(moval jurisdiction should be mnade attractive to lodged in the courts woeuld soon weed (1out capable and uprighlt men, who by good all who wouvld prostitute their oice,,a conduct could secure a permanent career, through politieal partizanship, as well as, but who, at the same time, could be other unworthy imotives; that in the speedily removed for any neglect or mal- course of a few years only those wor thy feasance. To this end we suggest for your of the position would be left; that politi — consideration the following amendmlent: cal changes through out the State wouldl "The office of alderiman shall be abolish- soon enable vacancies to be filled w ith tha ed in all cities, and in lieu thereof there representatives of other political eceedsshall be appointed, by the Governor, a and by this sifting proeess we shouldi magistrate for every - thousand inhabi- ore long possess a body of earnest, incletants, who shall have the jurisdiction and pendent and experienced imen, devote(. powers as justicesof the peace, heretofore only to the duties of a position whllic exercised by aldermen, and no other func- would afiord them an assured career, andc tions or powers. Such mnagistrates shall fairly representing the average polititl be learned in the law, not less than - sentimnents of the people, It is not iI;; years of age, and shall receive an ade- your power to confer a greater blessing quate compensation, to be determrined an.d than this upon our community. paid by the authorities of their respective An objection nmay be raised against tle, cities, which compensation shall not be provisions we have suggested as to saladiminished during their conti-nuance in ries and the disposition of fees, viz; That? office. All the fees of the office shall be as is too frequently the case at present, payable into the treasury of their re- the fees might be retained through dis-. spective cities, They shall hold their honest returns. This is readily dispost-cl ofice during good behavior, but shall be of. The exaction of fees f-r legal proliable to be removed therefrom by the cesses is a necessity to check unnecessary' court of common pleas of their respective and wanton litigation, but no magistrate CONSTITUTIONAL CONVENTION. 21 5 should be exposed to the temptation and them being promptly and regularly igdegredation.of having his income depend- nored, while every on e who excites the enent on such a source. At the same time mityof that classisliable to bearraignedon all suspicion of unlawful gains thence the most trivial charge, the temper that is arising could be removed by having all likely to be aroused is the most dangerfees for processes payable by stamps, to be ous that can be excited in a free commuaffixed to the documents, such stamps nity. Carlyle once defined American Inbeing issued by the city treasurer and ac- stitutions to be " anarchy plus the street counted for by the magistrate. cofistable," and when once the reverence Not the least of the advantages to be ex- for law and its impa.rtial administration, pected from the creation of such a local as typified in the 1"street constable," is magistracy as this would be the fact that lost, the reign of undiluded anarchy will the vast reduction in the number of cases not be far off. We would therefore rereturned to court would enable us to spectfully urge upon your attention the abolish altogether the antiquated system. propriety of adopting the following of procedure known as the grand jury. amendment: 1II. THE GRAND JURY. "In all cities the grand jury is hereby In the pLurer and simpler life of the abolished, and the Legislature shall procountry districts, the institution of the vide by approprilte legislation for the grand jury dolubtless accormplishles the preparation of bills of indictment to be good purposes for which it was founded tried by a jury.' in past ages. In a city of three-quarters IV. BRIBERY. of a million souls it is simnply an anach- Unless popular belief be wholly misled ronism, powerless for good yet power- few crimies are more frequently commitful for evil. The grand inquest into the ted and more rarely punished than the condition of public institutionsis scarcely bribery of public officials. If this be so more than a form which passes unheeded. the waste and extravagance of public exAs a sieve for the criminal courts to pro- penditure and the interference with pritect thenl fronm the avalanche of trivial vate rights thereby engendered is the cases returned by ignorant, careless or least of the evils which it causes. Far corrupt aldermen, it is still of some ser- more serious is the destruction of public vice, but the substitution of stipendiary confidence in municipal and State adminmalgistrates for aldermlen would promptly istration, and the debasement of public supercede its usefulness in this regard. morality caused by the conviction that so As an instrument for evil it would be grave an offence enjoys practical imnmudifficult to exaggerate the power of the nity. grand jury. One device after another No one concerned in such a crime has been tried to insure the drawing of against our institutions should be perilpartial jurors, and all have confessedly mitted to enjoy the rights and privileges and notoriously failed, while, even if no of a freeman, and while we would not underhand means be used to secure the urge your honorable body to descend presence of certain men on a given jury, into the details of criminal legislation, it its mnode of procedure renders it pecu- would appear not inappropriate to your liarly liable to corruption by wealth or functions if you should render this offence political influence, and shields it effectu- a sufficient cause for disfiranchising utterally from all practical responsibility. It ly any one connected with it. is but a few weeks since the mayor of One reason of the rarity of conviction Philadelphia officially stated that it was and punishment for bribery doubtless useless to send before the grand jury bills arises from the fact that the law very of indictment against a certain class of properly holds both the tempter arnd the criminals who had established an associa- tempted as equally guilty. Transactions tion with a fund for mutual protection. of this nature, hewever, are necessarily Even when honestly disposed, the grand confidential, and absolute knowledge aljury is so much in the power of the minor most inevitably pre-supposes guilty conlofficials of the court as to create tempta- plicity. Each accomplice, therefore, is tions and suspicions, against which the shielded by his partner's instinct of selfhalls ofjustice cannot be too scrupulously preservation; and, as an unwilling witguarded. ness can always in such cases refuse to Wrhen the public see that rffenders of a testify on the plea of self-crimination, crtdain elass can never be brought before legal evidence is so impossible to obtain the courts, all bills of indictment against that those who are inclined to transgress 216 DEBATES OF THE can do so in full confidence that an be guarded and fostered with the most oflence committed runs little risk of jealous care. Nothing can re-place it as a being punished or even divulged. It is preservative element. The acquiescenee easy to see how powerful an influence of a defeated party in the result of' an this must have in stimulating a crime so election is the most decisive proof of our peculiarly dangerous to our institutions. capacity for self-government, and the It appears to be, therefore, worthy of miost precious result of centuries of trainthought whether a provision which should ing in constitutional liberty; but that acpractically protect either of the accom- quiescence can no longer be expected plices who should accuse and testify when'fraud is openly practiced and auagainst the other would not have a most daciously boasted of, and a real majority beneficial effect, not only in procuring the finds itself helpless to assert its rights conviction of criminals, but, what is even through the forms of law. When that much more important, in preventing the time comes, and redress seems hopeiess, commission of the crime. All confidence the end will not be far off, and it is the \would be destroyed between parties. The part of wise statesmanship to calmly consolidarity of interest in crime would be sider all possible contingencies and to deabolishcd, and each partner in the guilty vise whatever measures may be best transaction would feel that he was placing adapted to avert them. We do not prehimself at the mercy of the other, whose sume to offer suggestions. The subject very participation in it would be evidence is one requiring for its comprehensive that he was not to be trusted. The pre- treatment throughout the Commonwealth ventive influence of such a provision would a knowledge of details as to other localities thus be most beneficial, while it would also which we do not possess. We can only say he efficient in detecting and punishing the that it seems to us the remedy lies in offence. If suspicion of bribery arose no the direction of limiting, as far as pracone could refuse to testify on the plea that ticable, the size of election divisions, and he would thereby criminate himself. He giving the fullest opportunities for scruwould rather be eager to do so for the pur- tinizing votes as they are polled. pose of exonerating himself fronm responsi- vI. THE FEE SYSTEM. bility in advance of his accomplice, and such investigations would no longer be so The Municipal Reform association has ludicrously hopeless as they have been in been too earnest in its efforts to abolish the past. / For these reasons we venture within our city the corrupting influence to,submit the following amendment: of the fee system for us to hesitate in ask"In addition to the penalties now or ing your attention to the proposition hereafter to be provided by law for the which have been laid before you with that punishment of bribery, the party or par- object. Like the regulation of elections, ties convicted shall be forever disfran- it concerns too nearly the citizens of other chised and disqualifiecl firomn holding any localities for us to venture to obtrude upon office of trust, honor or profit in this Col- you any general measure for that purpose. monwealth; and no one shall be liable to Our association last winter prepared a prosecution by reason of any testimlony carefully matured bill on the subjects which he may have given showvring his adapted to the necessities ofPhiladelphia, (comlplicity therein." and the relief which the community failedG to obtain from their representatives they V. ELECTION FuAIUDS. now confidently expect at your hands. We cannot conclude without expressing No one not familiar with the inner worlk — a hope that your wisdom may devise some ings of our municipal machinery can form plan by which the rapid developrleIt of an adequate idea of the amount and the fraud ill elections may bie checked. It character of the wrongs which are perpeis not too much to say that in Philadcel- trated under the color of fees, or of the dephia, under the existing registry law, the plorably debasing influence which they perpetration of these frauds has been re- exercise over public morality. There is, duced to a science, and systemnatized to perhaps, no mow potent stilulus at work that degree that the csonfidelnce of the in the rapid deterioration of our whole popeople in the result of an appeal to the litical life, and few more energetic agenballot box is being undermined with dan- oies of reform could be devised than their gerous rapidity. As the foundation upon removal. whi ch all our institutions rest, this confi- In the confident hope that your delibdence is so sacred a thing that it should erations will lead to the regeneration of CONSTITUTIONAL CONVENTION. 211 ourinstitutions, we have the honor to re- from any point beyond the State. And -mnin, also inquire and report whether a proviYour obedient servants, sion should not be inserted in the ConHENRY C. LEA, stitution prohibiting the president, direcR. RUNDLE SMITH, tors, managers or officers of any railroad. WILLIAM H. RAWLE, company incorporated by this State, or by Committee. this and other State or States, froml being Mr. J. P. WET'HEBRILL. I rlove that ar- interested, either directly or indirectly, in tide one of that memorial, entitled " lo- cars for the transpoatation of freight upon lcal self-government," be referred to the or over said road, whereby freight is Committee on Cities and City Charters; shipped, handled or transported with any articles two and three on "grdanjdrly," to greater speed or safety than the. same the Committee on the Judiciary; article character of freight is shipped, handled ftar, on "' bribery," to the Committee on or transported in the cars of the company. Constitutional Sanction; article five, to ALDERMIEN IN CITIES AND BOPOUGHS. the Committee on Suffrage, Election and M1. HAY offere the following resolnRepresentation, and article six to the tion, which was referred to the Con mmittee Committee on County, Township and on Judiciary Borough Ofificers_. Resolved, That the Committee on JudiThe articles were so referred. ciary inquire into the expediency of so INTOXICATING LIQUORS. amending the Constitution as to provide that: ~Mr. TURRIELL presented a petition from There shall be one aldermall i each the citizens of Susquehanna county, prav- cityand boouhand one for every ten ing fora Constitutional amendment tend- thousand inhabitants therein up to one ing to the restriction' of the manufactu re d thousaand one for every adhundred thousand, and one for every ad-'and sale of intoxicating liquors, whicheen thousand. hen te pp was referred to the Committee on Legis- * * was reforred to the Committee on Legis- lation of any city or b rough entitles it to more than one aldermlan, districts of as RATE OF INTEREST. nearly equal population as may be, withMr. IKNIGHT ofifered the following eso- out dividing wards shall be established ution, owhich was referred to the Commnit- by law, in each of which districts but one tee on Revenue: alderman shall reside and hold office. Resolved, That the Committee on Reve- Alderman shall have and exercise junue, Taxation anld Finance be equested risdiction and powers as heretofore, exto consider the expediency of so amnend- cepting as the sare may be hereafter ing the Constitution as to establish the nmodified, altered or enlarged by law; and legal rate of interest at seven per cent. shall receive a compensation, which shall not be diminished during their term of LEAVE OF ABSENCE. office, and which shall be deternmined and MIr. STANTON. Mr. President: I ask paid by the city or borough in which such leave of absence for a few days from to- alderman hold office. day for. Mr. Temple, from whom I have They shall. be appointed and conmmishad a written request this morning to ask sioned by the Governor, but only upon tlis leave, as he is ill. the previous r-commendatior-. o the court Leave was granted. of comimon pleas of the county in which is situated the city or borough wherein RAInIROAD FPDEIGTS. they are to reside and serve. Mr. WALKER offered the following They shall hokld office for seven years, resolution, which was referred to the if they so long behave themselves well, (oImmlttee on Railroads and Canals: and recommendations to the Governor for Resolved, That -the Committee on Rail- such appointments shall first be made at' roads be instructed to inquire and report the last term of said courts, which shall -mhethler:a provision should not be incor- be in the year 1874: Provided, That the lrated into the Constitution compellintg term of aldermen in office at the time all railroad companies incorporated by of the adoption of this Constitution shahl the laws of this State to carry freight froni not be hereby affected. any point in this State to any other point either within or beyond the limnits of the PARTITION OF SHERIFFS' DUTIES. State, at the sanie rate per mile that simi- Mr. S. AI. WTERRY offered the followlar freight is transported over said roads ing resolution, which was referred to the 218 DEBATES OF THE CoinmmitteeonStateInstitutions andlBuild- Mr. HuNsIcOEnR. I desire to state the ings: reason why I offer that resolution at this W.HrIEREAS, Our present system of coun- time. There was a vote taken at Harristy jails, both as to their construction and burg while the Convention was in session management, is a disgrace to the intelli- there, in which the Convention decidedl, gence and a slur upon the humane senti- by a very marked vote, that the Legislament of the age: ture had no power to imposo any term; And whereas, Many of the evils coini- upon this Convention by the act of April plained of are due to the fact that the in- 7, 1872, inasmuch as the Convention had oompatible duties of the chief executive been called by the people, by virtue of a officer of the court and keeper of the jail prior act of Assembly; and I call this are united in the one person and office of question up now for the reason that, as sheriff, the nature of whose duties, the yet, no proposed amendment has. been manner of whose selection and the length adopted by this Convention. of whose term wholly disqualify him for I take for granted that if one-third of the discharge of those high and responsi- the members of this Convention should ble duties which society owes to itself in be opposed to the adoption of any particuthe detention, punishmlent and reforina- lar amendment to the Constitution, and tionl of its criminal members; therefore, if that amlendment was submitted along Resolved, That the amended Constitu- with the rest of the Constitution, the tion ought to contain some provision dis- whole might be endangered. t inctly and entirely separating the office I thinkl, therefore, that it is highly proof sheriff froml the office of keeper or war- per that at this time, and before the Conden of the county jail. vention is sllbject to any excitement, and JUDICIAL POSITIONS. when no person knows exactly what is to Mr. EDW. R. WVORRELL offered the fol- be clone, a rule shall be adopted in conlowming resolution, which was referred to formity with section four, which, as the Committee on Judiciary: every member of the Convention knows, Resolved, Whenever any judicial posi- provides that in every case in which onetion shall be created by act of Assembly third of the members of the Convention the same shall be filled in the first instance request that any particular clause shall be by election by the people and not by ap- submitted to a separate vote of the peopointment. pie, it shall be so ordered; therefore I SI[EThI:OD OF YOTING ON NEW CONSTITU- trust that this motion will prevail, so that.' TvO. +we may know in the future what we will M1. HUIN.SICRER offered the following have to depend upon when a propositioni resolution, w hich was referred. comes up that does not meet with the Resolved, That this Convention accepts unaninons concurlence of all the meinthe mode provided by section four of the bers of the Convention. act of Assenmbly, approved April 11, 1872, The PRESIDETNT. I desire to state that entitled " n act to provide for calling a as this resolution is couched, in indirect Convention to amend the Constitution,' terms, it did not occur to the Cha-r that for the submission of theproposed amend- it is substantially a proposition for a new ments to the Constitution to the people rule of the Convention. Under the rules kfor adoption or rejection. it must, therefore, be laid on the table. Mr. IIUNSICrER. Mr. President: I GOVERNSMENT OF INCORPORATED CITIES. would like that to pass to a second read- Mr. GUTHRIE offered the following resing, and I will give nay reasons. olution, which was referred to the ConlThe PRESIDENT. The resolution as of- miittee on Cities, &c.: fered is upon a subj ect appropriated to the Resolved, That the Committee on Cities Ctommittee on Schedule, and the Chair and City Charters be requested to inquire is under the order of the Convention into the expediency of amending the to refer such resolutions to the appropri- State Constitution, as follows, viz: ate committee. By unanimous consent Every incorporated city shall be govthe gentlenman can have a second reading. erned by a mayor and a select and comnmon Mr. HUNsICKI1.I1,. I would like to ex- council, in whom the legislative power plain — thereof shall be vested; the nm)yor, whose The PRESIDENT. Debate is not in order. term of office shall be for three years, shall The question being upon the second be the chief executive officer, and shall reading of the resolution, it was agreed to; have a qualified veto on the acts and ordiso the resolution was again read. nances passed by councils; he shall see CONSTI TUTIONAL CONVENSTIO. 219 that the duties of the several city officers in office, and to fill any vacancy lhowever are faithfully performed; he shall be a created. salaried officer, and not entitled to any The police commissioners may be refees or perquisites, and shall not exercise moved from office by the mayor on the any judicial functions, civil or criminal. recommendation of the select council, No city charter now existing or here- and the mayor shall fill any vacancy thus after enacted shall be altered or repealed occurring, by and with the advice and except by act of the General Assembly, consent of the select council, until the accepted by two-thirds of the members next succeeding annual municipal elecof the select and common councils and tion, when a successor shall be elected by by a majority of the qualified electors of the qualified electors of the city to fill the bhe city at the next annual municipal unexpired termn of three years. election after acceptance by the city counINQUIRINGE INTO TH:E CAPITAL STOCK OF cils. RAILROADS AND CANALS. No public commission shall be created for any city with power to till vacancies, M. EWING offered the following resoto raise money by loan, to levy taxes or lution, which was twice read, considered toexecute police or municipal function. and agreed to: Resolvced, That the Auditor General be No money shall be bolrrowed by the requested to furnish to the Convention city for a term of years unless by ordiinformation on the iollowing subjects: nance, passed by a lmajority of two-thirdstl stock of of the select and commion councils at First. The amount of capital stock of all of the select and commnon corlcils at the railroad and canal companies organstated meetings, and every such ordi-.t nance sihall provi the rd pt ized or doing business in this State; also the amount of indebtedness of the said the loan thereby created by taxes annually levied, collected and paid into a sink- c Secondc. Thle amnount of capital stock of ing fund of the city, sufficient in amount all te corporations oranized and do ~all the corporations organized and cloingf to pay the interetst~ and extinguish the business in this State other than railroad principal of such debt in twenty years and canal companies; also the indebtednor shall any city increase its permanent ness of said companies. debt to an amount excieding twenty per Third. The valuation for taxation of the cent. of the assessed value of the real and p real and personal property in the several personal property within its corporate counties of this Commnlonweaith. limits; but temporary loans, for a period not greater than one year, and in amount LIMITING DEBTS OF COUNTIES, CITIES, &C. not exceeding at any one time ten dollarsARD offered the following resofor such taxable inhabitant of the city, was referred to the Coinlution, whiclh wras referred to the Coznmay be made by ordinance, passed by two- ittee on Revenue, Taxation and Finance.llittee on Revenue, Taxation and Finance' thirds inmaority in each council. The Resolved, That the Committee on Revesinking fund shall be invariably pledged lue, Taxation and lFinance be instructed for the redemption of the permanent loans to consider and report: to consider and report: of the city. Whether counties, townships, boroughs No member of the city councils, or of and cities shall not be prohibited fromr any of the departments of the city, shall contracting debts exceeding, in the agat the same time hold any other office gregate, ten per cent. of the taxable valuaunder the city, county, State or United tion; and wllether taxation for county, States. township, borough and city purposes Cities containing fifty thousand inhabi- shall not be limited, as follows: tants or more may elect three citizens When the assessed valuation shall not thereof to act as police commiissioners exceed one-fourth of the cash value of for three years, whose salaries shall be property, taxation shall not exceed four fixed by ordinance of the city, and who, per cent. together with the mnayor of the city, shall When the assessed valuation shall not form a board of police, and who shall ap- exceed one-half and be mnore than onepoint one superintendent of police, and fourth of the cash value, taxation shall not such a number of other policem-en and exced three per cent. officers as may be authorized by ordi- When the assessed valuation shall not nance of the city councils. The police exceed thrlee-fourths of the cash value and board shall also have power to remove be more than one-half, taxation shall not any policeman or officer for misconduct exceed two per cent. 220 DEBATES OF THE Vlhen the assessed valuation shall ba right remain inviolate, except in cases trithe cash value, or be more than three- able before justices of the peace." fourths, taxation shall not exceed one per EQUAL TAXATION. cent. Mr. NILES offered the following resoluAnd the above rates of tasation on val- Mr. NILE ofeed the following resoation shall emborace all taxes for a pur- tion, which was referred to the Committee uation shall em brace all taxes, for all purposes, that may be levied'by all officers, n Taxation combined authorities to levy taxes in and nue, Taxation and Finance be requested for any county, township, borough or city of this Co'monwealth. to inqouire into the expediency of so amendof this Commonwealth. ing the Constituticn that all taxation shall APPOINTMENOT AND COMPENSATION OF be equal; and also to prohibit the LegisSTATE OFFICERS. lature from passing any law discrimina-:Mr. HEMiPHIIIL offered the following ting against any property in taxation for resolution, which was referred to the general purposes. Committee on Legislation: INDICTMENT AND TRIAL FOR FELONY. Resolved, That the Committee on Legislation be requested to inquire into the MI.. ARCLAY offered the folloing propr~lietyv of Treporting t~her follnowing: resolution, which was referred to the CornSECT. -. All State officers shall be paid mittee on the Legislature: in salaries for their services, which shall Resolvec, That the Collittee on tle be fixed by the Legislature, and shall be Legislature be instructed to inquire as to neither increased nor decreasec during the propriety of amending the Constituthe term for which the person is eleted or tion so that the Legislature shall provide appointed, excepting in cases of appoint- by law for the indictment and trial of perment or election during good behavior or sons charged with the comlission of any for life, when the salaries may be subject felony in any county other than that in. ito legislative revision once in every ten rhich the o-ence ras coniitted urhenwhich the offence was committed whentoearrv. The ever, owing to prejudice or any other SECT. -. The Legislature shall require ccause, an impartial grand or petit jury all State officers in receipt of fees tomalre cannot be enpanellec. n the counlt in qutarterly returns to the proper office, to- which the offence was crommlitted. gether with an itemized account of the PUBLIC DEBT NOTI TO EXCEED TAXATION. same, macle under oath. Mr. BAIDSLEY offered the following resoSTATED SALARIES OF PUBLIC OFFICERS. lution, which was referred to the ComMr. CAMIPBELL ofifered the following rmittee on Public Debts: resolution, which was referred to the Resolved, That the Comnittee on PnbCoinmmittee on Offices, &c.: lic and Municipal Debts and Sinking Resolved, That the Committee on Coun- Funds be directed to report a section to ties, Townships and Boroughs take into be inserted in the new Constitution to proconsideration the following section: hibit any city, county, borough, township, SECT. -. That all officers elected by or any corporate bodies deriving their exthe people to lucrative or remunerative istence from the people, to issue warrants, offices shall be paid by stated salaries, or any certificate of indebtedness of any and shall in no instance receive for their character whatever, for any sum beyond ownm use, profit or compensation or any the amount already provided for by taxa-ees whatever. tion. INVIOLABILITY OF TRIAL BY JURY. IN COMMITTEE OF. THE WHOLE. iMr. DE FRANCE offered the following The PRESIDENT. The next subject for resolution, which was referred tothe Coin- consideration is -the resolution reported niittee on Declaration of Rights: by the Committee on Suffrage. The House Resolved, That the Conmmittee on the will resolve itself into comimittee of the Declaration of Rights be requested to in- whole. Mr. Walker will please take the quire into the propriety of making section chair. six of the Declaration of Rights read, in Mr. WVALKER in the Chair. The cornsubstance, as follows: mittee of the whole has had referred to it " That the trial by jury in all criminal an article reported by the Committee on cases, whether the cases existed as such in Suffrage. The first section will be read. 1776 or were created since, or may be in The CLERI read as follows: the future, shall be as heretofore, and the SECTION -. The general election shall CONSTITUTIONAL CONVENTTION. 21. be held on the Tuesday next following and upon which they have expressed no the first Tuesday of November, but the opinion co)incident with the recommendaLegislature may, by law, fix a different tion of this commimttee. day, two-thirds of each House consenting We have had the same election day in thereto. this State since the foundation of the govMl[r. D.ALINCGTON. Mr. Chairman: I ernment. For the last eighty years it has desire to hear from the chai-rman of the been found convenient and suitable to comnmittee who reported this amlendmlent the habits of our people, occurring at a what reasons there are for its adoption. season of the year which is at all times MN]r. M'ALLISTER. Ir. Chairman: I least liable to objection, neither affected will state that the committee were unani- by extreme heat nor extreme cold, when inous in reporting this resolution, with a the (wh!ole of the voters of the State can, view of having but one day for the general with as inuch ease and comfort to themelection, and that it might conform to the seives, appearat the polls as upon any other elections under the general government. day that could be selected. The aoed, the They' were unanimously of opinion that infirm, the weak and the sickly can all get it would be better to have but one day in- to the election on the second Tuesday of stead of two, for the purpose of prevent- October. In this climate, it seeus to mne, inog colonization, first from other States, that it is a day best suited of all others, next fromn adjoining counties, to influence or, at least, as well as any other to attain the elections, and it was with a view of these great objects. If we desire to have preventing firauds upon the elective fran- the elections so that everybody can attend clhse that this section was reported. It them, ean any gentlemnan point out a seemed to the Convention that the section day in the whole circle of the year that is under consideration would commend it- more likely to suit everybody than the self to the approval of this Convention. onethat wehavealreadyadopted and pracTher3 is no principle involved in the ticed for the last eighty years? No one will two sections reported. It is merely a pretend that if we put off our elections (questionof expediancy. Though the Com- until the month of November we can mlittee had some difficulty on the man- ever hope to get as many people to the ler in which the sections should be ex- polls as are got there on the second Tuespressed, they had none upon the expedi- day of October. In the whole experience ency of fixing but one day for the general of this country every gentleman knows election. It does not seem to me neces- full well that at the presidential election, sary that I should take up, at this stage of which occurs on the day liamed, a smaller these proceedings, much of the time of vote is always had than is given -at the this Convention. There ]having been no general election. This may be in part due difference of opinion upon this subject in to the influence exercised upon that sethe committee, it is supposed there will cond election by the result of the first, be little in this Convention. If there is a but not wholly so. It is perhaps due in diversity of opinion I may have more to a much greater degree to the ordinary insay in behalf of the committee up'on this clemency of the weather, which prevents su bject. many from attending the polls, and to the Mr. DARLINGTON. Mr. Chairman: It better weather that we usually have on has been very properly stated by the the day of the general election. For some c(hairman of the committee, who reported cause or other, however, certain it is that this amlendment, that it involves no prin- so large a vote is never polled in Novemlciple. It isa mere questionof expediency her as is usually given in October. This and with that point in view, I propose has been the experience of this country one or two observations. Is it expedient and of this State for the last eighty years to make any change in the fundamental at least. law in a matter of this kind? I am not In the former Convention an attempt aware that there has been any c6omplaint was made to change the day of holding existing in this Commonwealth in re- the general election to another day a'little gard to the day upon which the general later in the month. It was supposed that election] is held. I have heard of no de- this would be more agreeable to the farmmand for anything from any quarter. I ing interest, that the grain would be gathhlave seen no advocacy of it in the public ered and everybody would be more at press. It strikes me as being introduced leisure to attend the election. Therefore, here as a new proposition, that has not early in the session of the former Convenbeen discussed by the people of the State, tion, in 1837, it was agreed to change the _9222c Dp~~DEBATES OF TI-IE day to one a few weeks later. By the the committee for the change with regard time, however, that the delegates had to Pennsylvania is unsatisfactory. It is gone home, speht their summer vacation so because the only reason assigned for it and returned, they were all satisfied that is that we shall make it on the same day it was a mistake, and therefore the elec- as the election for President. That occurs tion day was permitted to stand as it had but once in four years. What is the great stood before. inconvenience of holding a second electio.n Now, sir, the same day, allow me to re- once in four years? Nothing, so far as I mark, has been adopted by a belt of the have heard alleged by anybody, but the greatStatesof this Union,runningthrough additional expense. Nothing else. And from east to west, embracing New Jersey, what is the additional expense? Pennsylvania, Ohio, Indiana, Iowa and Can any gentleman inform me what it Nebraska, all adopting the same day and will cost to hold a Presidential election holding the general election at the same in this State? There are the electionofli time. What population these States enm- cers in the districts and townships, the brace I am not prepared to say; the Con- two inspectors, the judge and the clerks, vention is as familiar with it as I am my- in each, which may amount to seven or self. Wehave then, therefore, theselarge, eight dollars. Multiply this by the nudmpowerful and, so far as regards the new ber of districts in the State, which is but States, rapidly growing communities all an approximation, and the amount would adoptingfortheirgeneralelectionthe.same probably be not imore than thirty thou(lay that we have adopted. In addition to sand dollars. Suppose it amounts to fifty that, if gentlemen will be kind enough to thousand dollars to the State. What is turn to the books on their tables, they will that in comparison with the convenience find that besides these States which I have and comfort of voters in going to the polls named there are twelve others voting some when the weather is pleasant, and when earlier and some a trifle later than Penn- all can go-the halt, the lame, the blind, sylvania. In New Jersey the elections the sick, the weak, the aged. What is are held in March; in Rhode Island and this trifling expense once in four years Connecticut they are held in April; in in comparison with these advantages? )Oregon in June; in Kentucky, Tennessee Now will there be any relief from the and North Carolina they are held in Au- evils of elections by making this change? gust; in Vermont, California and Maine I am not able to see that there will. Colothey are held in September; in West Vir- nization of voters from one place to another ginia and South Carolina they are held in is to be gotten rid of by some other means October, probably a few days later than than this. I think when the elections our own. There are, therefore, in this beconme more pure; when the people ImTlion eighteen States voting earlier than themselves are more pure; when we or in the month of October. How soon bring our elections down to every hamthese States may all agree, for any rea- let, when every hundred votersshallhave sons that may satisfy them, to adopt the their election officers, and when they shall same day I know not; but quite as likely know every mall who comes to vote, there is it that they should all adopt the day will be but few evils of which we have which is already adopted by this State heard so much in the large cities. andl the great States stretching from New In addition to this the reason suggested Jersey across the continent to the far west is that we can hold our election on the as any other. Quite as likely is it that in same day with the Presidential election;,a very few years the second Tuesday of but it mnust be borne in mind that that October will be the general election day day may be changed. The day of the for a mzajority of the States as that the Presidential election is fixed by Congress. election day will be in Novemlber, arnd It is liable to change at any time, and who more so. knows how long it will be before Congress, I am aware that solne of the great impressed with the propriety of it, shall Sta-tes of this Union, and some of the be driven to the change of fixing the elecsmaller ones also, hold their elections in tion for President upon the same dlay November-New York and Illinlois and which these great States that I have others. They have their reasons pro- named have fixed as their general e1iebably. They have been so long used to tion day. If we devote our energies, and it that they do not feel the inconvenience exercise our influence through our menlof having their elections on that day bers, this may be brought about, probably k.!ut I'submit that the reason educe nnuch earlier than you can get all the CONSTITUTIONAL CONVENTION'. 223 States I have named-New Jersey, Ohio, touched the real question, nor referred to Indiana, Iowa and Nebraska. the reason why the committee has reportMr. LILLY. The gentlemanismistaken ecl the day it has fixed upon in the secwith rQgard to New Jersey. New Jersey tion which we have now under consideravotes in [November. tion. Mr. DARLINGTON. Then our book is Let me refer the gentleman to the fact wrong. I am very glad to hear that, be- that in 1874, for the first time in the hiscause New Jersey has been very much tory of this government, there will colme out of the Union for the last few years. I into power the exercise of a constitutional am not at all displeased with the corree- right given to Congress, fixing the day tion. I will refer to the others. Ohio, I upon which we imust elect Congressmen. believe, is all right; and Indiana and Not merely at tile Presidential election, Iowa. No one finds fault with them. but in every two years, Congressmen must Now, sir, when we consider that these be elected upon the same day that the other States whose elections are held Committee on Election has reported shall earlier than ours are just as likely, when be the the election day in this State. If an opportuny presents, to change their this Convention so amends the Constituday of election, so as to mnake it uniform tion as to provide for biennial electionswith ours I do not know whether they and I hope it will-the first biennial elecwill or not. They will be just as likely tion will take place in 1874, in November; to do it as to change it to Novemnber. and if we have biennial elections, why In addition to these that I have named, should they not be upon the same day? we shall have the larger number of citi- Why should we every second year have zens of this great country calling for the two elections, one in October and the election day for President to be at a mild- other in November? er season.. October is a pleasanter You will recollect, under the Constitumonth the whole Union over than No- tion of the United States, Congress has vetmber, and we may fairly expect that the supreme power to determine the time the Presidential election day will be of electing Congressmen, and they have, changed, and that before a very great for the first time in the history of the nawhile, so as to conform more likely to tion, exercised that power by the passage our day than to any other. Whether this of an act, and hence there is a reason exshall be the case or not I will not pretend isting now that hasnot existed inthe eighty to say. It may not be, but for the pro- years past, that our election clay should be sent, and in view of the convenience that changed. this has been found to be to the people of Another reason. This Convention was PennSylvania and everywhere, in view of called by the people of the State for the the entire satisfaction which the present purpose of endeavoring to put down fraud; system has given to the people of this and this, I claim, is one of the means of. State, I deem it inexpedient, for my a sisting to do that very thing. part, to make any change in the day of I am not a very old man, but I recollect holding the general election. of Presidential elections occurring when Mr. PARSONS. Mr. President: I move all the States did not vote upon the same to amend the section, by striking out all day, and it was charged, in the public after the word "November." The effect press, that men were transported froml of that amendment will be to prevent the one State to another to vote for President Legislature from changing the day. The in each State, for the purpose of carrying words to be stricken out are: "But the both; and who does not know that, in the Legislature may by law fix a different October election in Pennsylvania, in the lday, two-thirds of each House consenting year of grace 1872, there were men illithereto." ported for the purpose of carrying PennlMr. SIMPSON. Mr. President: The argu- sylvania, not merely by one party, but m:lent which we have been listening to, it by both, because, they alleged, that, as seems to mne, is in keeping with the arga- Pennsylvania went, so would go the ment of the old Dutch Pennsylvania Union at the Presidential election to folfarumer, who oontended that because his low. If you have the general State eleeancestors, when they went to mill upon a tion fixed, in the Presidential year, for nmule, placed the wheat in one end of the the same day as the Presidential election bag and a stone in the other end to equal- that incentive to fraud will no longer exize the weight, he and his children should ist, and it is a great incentive. d(o the same. He has not, in his argument, The gentleman frol Chester (Mr. ear 224 DEBATES OF THE3 1-ngton) says he would not fix any other sion of the section is that the Legislature (lay, because the other States may adopt may by law fix a different day-and in the same day-may fix their election order to comply with the law, the approdays in October. Why, sir, if the Presi- val of the Governor would be necessary. dential election is fixed by Congressional Surely, if Congress, in the exercise of its action, and the Congressional election is power fixed one day, why should not the fixed by Congressional action, can we Legislature have the power to fix upon hope they will fall into our ways when the same day, so that throughout this they have had our example for eighty broad land there would be but one day years and not followed it? How many upon which the people would be called States have followed us? Ohio, Iowa, and away from their homes, giving up their there is the end of them. Two out of business to attend to the affairs of the twenty-four States that have been admit- country and the selection of their rulers. ted into the Union since Pennsylvania. The frequency of elections is one objec[" Indiana. "] Three. [I" Nebraska. "] tion that has often been made to our insbiThat is four-four out of twenty-four tutions. We propose by this amendment States admitted into the Union since this to obviate that objection to some extent, State has fixed that day, and the re- as far as this State is concerned, and I trust maining twenty States have repudiated the day is not far distant when all the it. Is it likely the twenty will fall in States will do the same. I have no doubt now, with the additional incentive that but that the Convention soon to be in sesthey must hold their elections for Con- sion in Ohio will adopt the same day, and gressmen in November, under the Con- if the other States hold conventions I gressional act? I do not think it at all doubt not they willfallinto the same line, probable. and I trust Pennsylvania will not be an With all due respect for the gentleman exception to the rule. from Chester (Mr. Darlington) I claim Mr. LITTLETON. Mr. President: I dethat he is in error when he avers, on the sire to say a single word upon the subject floor of this Convention, that the vote under discussion; as to the amendment polled at the October elections in this offered by the gentleman from Lyconming State has always exceeded the vote cast (Mr. Parsons) I am not in favor of it. I in November at the Presidential election. think it has been sufficiently answered by With the single exception of 1872 he can- the gentleman from Philadelphia (AIr. not name a year in which his figures will Simpson.) Upon the general amendment not fail; and we all know how the vote proposed I simply desire to strengthen of 1872 was made up. the argument offered by the gentleman Mr. CHAIRMAN. I hope this commit- from Centre, (Mr. M'Allister,) the chairtee will not adopt the proposition of the man of the Committee on Suffrage, on the gentleman from Lycoming (Mr. Par- score of expediency, by adding the other sons) to strike out the latter clause for argument of economy. Itwill saveus, in this reason: The proviso was inserted in Philadelphia, at least thirty-five thousand the section that the Legislature might dollars in each yearin which a public elechave the power to change the day by a tion is held; and if the same ratio extends two-thirds vote of each branch, with the throughout the State the saving will be an intention that if Congress hereafter, in item well worthy of consideration; and I the exercise of the power vested in it by hope the section, as reported from the the Constitution of the United States, committee, will be adopted. should determine another day for the Mr. EINGo. Mr. President: In regard olecton of Congressmlen, and another day to this provision to change from the secfor the election of Presidential Electors, ond Tuesday of October to November, I as the case may be that the Legislature of agree with the gentleman from Chester this State, having had power granted by (Mr. Darlington) that so far as Pennsylso restricting the vote, will adopt the vania is concprned the day proposed is same day which was designed for the not so convenient as the October day. presidential election and for the election The climate here is such that it stfits us of Congressmen. It is a wise provision, better to have our elections in October. and does any one doubt that the Legisla- Especially is this so since it has become ture would exercise the power except in our custom, and I hope it will always coneases of emergency? It must be remlem- tinue so, that during the political canvass bered too, that it would also require the there are a great many public discussions sanction of the Executive, for the provi- upon matters in issue. September and CONSTITUTIONAL CONVENTION. 25 October are suitable for out-of-door meet- Mr. PARSONS. I now withdraw the ings; and if it stood alone on our deter- amendment I offered. mination of elections I should say do not Mr. CHURCH. Then my amendment change; but I agree fully with the gen- stands, Mr. President. tleman that in ordinary cases it is unne- Air. LILLY. MIr. President: The coincessary to hold two elections in autumn, rnittee have thought over the subject very and we should conform to the present carefully, and in fixing the matter as act of Congress, which establishes No- they did, in such a way as to require a vember for the election of Congressmen vote of two-thirds of both Houses of the in all the States. If we do not make this Legislature to change it, the committee change we shall, every second' year, have thought that every proper and sufficient two general elections in autumnn. safeguard was placed around it. It does For this reason I shall vote for the seem so to me. proposition as submitted by the Corn- It is not an impossibility that some other grave contingency might arise which inittee on Suffrage, and I trust that the the grave encymight amendment offered to strike out the Xwould make it desirable or necessary power of the Legislature to change will to change the day, and it seems quite niot be adopted. For this there are two proper that sollle means should be proesons: One given b te entleman vided whereby the change could be made freasons Philadelphia, (M Dlas) that if without the necessity of a constitutional from Philadelphia, (Mr. Dallas,) that if amendment. By requiring a two-thirds Congress should by law change to OctoCongress should by law change tolt co- vote of both branches of the Legislaturein lber ~or some other time than that now order to make the change, it would be fixed, then the Legislature could change certainly impossible to change the day, our day of general election without the ertainly impossible to change the day, necessity of an amendment to the Con-xcept for grave and iportat reasons. stitution. There is another reason, and I I trust, therefore, that the report of the think an important one, why that provi- com Littee will stand. sion should be in, and without it I would Mr. MCLEAN. I desire to say that the not vote for the report submitted by the measure, as reported by the conmittee, is committee, and that is this: There is a a very wise one. I must beg leave to cifpossibility that in some political changes fer with the honorable gentleman from thfat may occur there mllay be danger of Chester, when he states that it is a incaCongress interfering with our State elec- sure not demanded by the people or the tions, and 1 trust that it will be so left press. Coming from the interior, as I do,, that we can, without serious trouble or I know that this arendment, as proposedinconvenience, make a change, so that by the committee, has been demanded byour State elections will be held when no the people and press of all sections of the national election whatever is held, thus State, and I know, also, that the expense giving no excuse for any interfeence on attending the olding of elections is a the palt of federal offlcers in our State very considerable item, and that the pec — and local elections. We have lately had proposed on this score alone. In conilecand local elections. Wve have lately had pie desire just such a change as that now some warning, and if there was no other proposed on this score alone. In connecreason, I should vote against the amend- tion with the other considerations, howiment offered, which proposes to strike out ever, I do not doubt that the November the power of the Legislature to change, election day will suit the people at large aad shall vote for the proposition submit- as well as the second Tuesday of October.. ted by the committee. I think that the reform, as proposed, is a very desirable one, and will meet the Mr. CIiuncn-. I move to amend the approval of the people of the State. I am amendment, by striking out all after the therefore in favor of the measure reported word "November," and inserting: " Po- by the committee. vided, That if the Congress of the United Mr. DALLAS. I trust that the amend-,States should by law fix a different day ment now pending will be adopted, and for the election of President and Con- that the section as reported, when so gressmen, the Legislature shall by law aended, will meet the approval of this change the date for such general election body. in congformity with the date fixed by I deem it very important that the power should not be placed in the hands of the It appears to me that meets the views Legislature, in relation to any section of of all the gentlemen who have spoken on this' Constitution to alter it. Whenever that subject. we grant that power there should be a 15 2 226 DEBATES OF THE very clear case pres(ented of necessity for change it, and I think that the power it. I confess that there seems to be here should not be vested in the Legislature, a very clear case in the\ propriety that for the reason that if it is fixed in the might arise in case of a change in the time Constitution that then the people shall of holding the presidential election, for have the right to vote upon a proposed making the time of holding our general change; and. I take it for granted that election correspond with it; but such a this Convention, being a Convention to contingency is provided for by the amend- amend the Constitution, will provide a ment as now modified. mode of amendment by the Legislature. No other case has been suggested of I am entirely opposed to the amendprobable necessity for the action of the ment proposed by the gentleman from Legislature for alteration of this section Crawford, that we should put into the as reported. None, therefore, having Constitution a proviso placing our legislabeen presented by the able gentlemen tion in Pennsylvania at the mercy of who have discussed the question, we have Congress. I am not exactly a State's a right to presume that there are none rights man, in the extreme sense of the that can be foreseen by the wisdom of term, but I believe, nevertheless, that the this committee, or of the committee which general government is one of limited. has had this matter in charge. power, and that the State possesses all Whilst I recognize that the alteration powers not delegated; that the State has proposed by the section under consid- a perfect right to provide by law a day eration is important, on the ground of for holding State elections. It is emieconomy, the first matter of importance, nently wise and proper, for the reasons in my view, is that it is a measure of reform already given, that the presidential elecin the directionof correctinggrossevilsand tion and the gubernatorial election should preventing palpable frauds at elections, be held on the same day. If in order, I and I do not desire that we shall say to move to amend the amendment of the the Legislature of Pennsylvania that it gentleman from Crawford, (Mr. Church,) may alter any such provision. Those of by restoring the amendment of the genus who reside in this city know that this tleman from Lycoming, (Mr. Parsons,)thing is really and materially important. that is to say, that the resolution shall so We know the process called "coloniza- read as to place the election in November. tion" is in operation here to such extent Mr. LAWRENCE. YOU can effect your as makes the fraudulent votes the balance purpose by voting down the amendment of power, and we believe that the adoption of the gentleman from Crawford (Mr. of the section under consideration will Church.) greatly tend to abridge that evil. We AMr. SIMrsoN. The gentleman can first know that the argument is constantly vote down the present amendment and made at every October election-it is used then offer the amendment he proposes. by the press and by all public speakers — Mr. HUNSIcKER. The committee's rethat we must vote for bad men in October, port states that the election day shall in order that we may, for the contest of be changed to November, and that the November, make for our respective par- Legislature shall have power to change ties the prestige of success. We know that by a two-thirds vote of each House. that in the elections of every fourth year I am in favor of the first part of that bad men force themselves into nomina- motion. tion, and use this very argument for the Mr. CunRca. Mr. President: I adpurpose of securing office, and when party here to my amendment as being just the excitement runs high that argument has thing. I will explain a little more. This nmuch weight. proviso compels ulniformity or conformity Therefore it is that I do not desire to to the election day that may be fixed by trust the Legislature to alter the measure Congress. I have provided that the reported by the Committee on Suffrage, Legislature not even may change the and I will accordingly vote for the modi- date to conformity, but "shall," so that it ifled amendment, and, when amended, for is compelled to do so. In that case if the section. Congress should fix the day for the elecMr. Hu-NSICKER. I am very sorry that tion of Congressmen to the first of July, or the gentleman from Lycoming (Mr. Par- to any other time, the Legislature would. sons) withdrew his amendment. His be compelled to fix, by law, the date for amnendrment left the day in November the State general election on that day without any power in the Legislature to also. That prevents two elections in one CONSTITUTIONAL CONVENTION. 227 year, and avoids the want of conformity the change can then be made without goand uniformity in our State and congres- ing through the formality of an amendsional elections. Hence, I believe that ment to the Constitution. I think there my amendment brings about the exact will be no danger whatever in retaining state of affairs contemplated by the ma- this provision as the committee reported jority of the people of the State. it, and that it will meet any contingency Mr. J. W. F. WVHITE. Mr. Chairman: Twhich may arise in a manner that cannot I desire to make a few remarks in regard be effected by striking it out. to the reasons which influenced the Com- Mr. iMACVYEAGH. Mr. Chairman: I amX mittee on Suffrage in reporting this sec- quite aware, and have been for some time, tion as they did. Now, sir, suppose that that it would be idle to endeavor to conCongress should change the time of elec- vince this Convention of the wisdom of tion for President and members of Con- the views, which in common with the gress to January or some other season of gentleman from Chester, (Mr. Darlingthe year. It might not suit the people of ton,) and perhaps a little in advance of Pennsylvania to have our general elec- him, I entertain. I am opposed to the tion on the day designated, and for one I undue frequency of elections, and I arm shouild be very strongly opposed to put- thoroughly satisfied that a remedy for the ting in the Constitution a provision that evils which the gentleman from Philadelwould compel us to hold our general elec- phia (Mr. Dallas) has mentioned, is to be tion on the day that Congress might indi- found, not in this amendment, but, in the cate for President and members of Con- first place, in the real organization of the gress. Another reason why the commit- civil service which shall lift the degradatee reported the section as it is, is that the tion of spoils out of your public life; and, Legislature ought to have some power in the second place, by a severance of a over this subject, or rather the people partisan and non-partisan elections, leavshould have some power over the subject ing one to be held at a totally different through the Legislature, without going season of the year from that in which the through the formality of an amendment other is to occur. So far as any merl-. to the Constitution. There are a great many ber of this Convention will devise plans persons in the State of Pennsylvania that will reach this end I am with him who think that it would be better to have heartily and earnestly, but I cannot vote our elections in October than in Novem- to dictate to the State of Pennsylvania in ber, and I believe myself that it would be her elections. I cannot say by my vote better if we had not two elections occur- that it will advance the public service, inring in the fall. In the next place the crease the tone of the public life, or free people of this State should become dissat- from corruption anything in Pennsylvaisfied with having our election in Novern- nia, to require our citizens to vote for the her, and say that they will go back and Governor of this great State, for the legishave the election in October. Congress lators of a reform Legislature upon the may possibly fix some other day for the same day and at the dictation of the fedeelection for President and members of ral Congress. Congress, and we do not want to bind 1 think the State of Pennsylvania is too ourselves to have our general election on distinct in her identity; in her State sovthe day that Congress may designate. ereignty within the limits of the federal Let us then trust the representatives of Constitution; within the limits of the fedthe people. I am willing to trust two- erative system under which we live, and thirds of the Legislature on a questionof that her political distinctness is better this kind. I would not trust a bare ma- preserved, and the political duty her sons jority, but we all know from the history owe to her and her public life, will be of our State that we never have two- better. discharged by having a separate thirds of both branches of the Legislature day for the discharge of that political belonging to one party. It would not be duty; free it thoroughly fron the degrada party measure. ing associations that have clustered The time our election could be easily around it, lift out of it all the demoralizachanged when there was a strong over- tion and corruption that you can, but at whelming feeling on the part of the State the same time do not imagine that it will. for the change, and if the people of Penn- be a political benefit to create a day unlsylvania want their general election in form even with the time of election fronli October, and are willing to submit to two Maine to New Orleans, and that the vote elections in the fall instead of one, why shall be taken on such a day, within su(wh 22'8 ~I)`DEBATES OF THE hours and under such limitations as the compulsion, where do we leave it? W'e gentlemen at %Washington may either pro- leave it established, it is true, but not irrevide or dictate. I know that I do not rep- vocably established. There will doubtresent the majority of this Convention, less be in this Constitution a provision and I do not propose longer to detain it made for its amendment, and if we have than sim ply to express the conviction a provision that the election shall occur which will control my own vote, and I on that day, and in the course of the next therefore shall vote against the proposed five, ten or twenty years it shall appear amendment. that another clay is highly important, it Mr. MINOR. Mr. Chairman: There is will be within the power of the Legislaone point which has not yet been alluded ture in the same manner provided for to, at least with sufficient clearness, in other amendments, to submit the propothe remarks which have been made, and sition to the people and the people will it is this: As long as itisthe policy of this vote upon it. Then, sir, when this Congovernment that issues as to men and as vention adopts a measure stating purely to measures should be decided by the and simply that the day of election shall vote of the people, it is of the utmost irn- correspond with the day on which the portance that whenever the people vote presidential election takes place, whenthey should vote directly upon the issues ever any change is rendered necessary, it presented and not upon any other. Now, will be fully in the power of the Legislasir, when we have two elections, one State ture and the people combined to make and one national, occurring only a that change. month apart, it is absolutely impossible Mr. CiHiuRcH. Mr. Chairman: If it is to have a prior election without its lending in order I desire to modify my amendits force and effect very largely to the re- rnent, by striking out " shall " and insertsults of the other. The issues may be dia- ing "may." metrically opposite, or widely different ill The CHAIRMAN. The amendment will the one election from the other, and yet, be so modified. practically, the people are compelled to The question being taken on the amendvote upon an issue indirectly and in a dif- ment, it was not agreed to. ferent manner from what they would pre- Mr. DARLINGTON. I move that the for. Then we ought, either by having the committee rise, report progress and ask elections upon the same day or so far leave to sit again. apart that they cannot affect each other, to The motion was not agreed to. give every man an opportunity of voting Mr. HUNsICiKER. I move to strike out directly as he desires to as to persons and all after the word "November." I would also as to measures. It is only in this way like to have the section then read for inthat we can obtain the firee expression of formation. that which is the true and candid opinion T'he CLErRK. Then the section will of every man. - This we look upon as be- read: " The general election shall be held inlg very important in carrying out the on the Tuesday next following the first policy of our government. Now, sir, I Monday of November." The amendment will not enlarge on this point. It would strikes out: "But the Legislature may, -eem that the bare statement of the prin- by law, fix a different day, two-thirds of ciple that every election shall stand or fall each House consenting thereto." by itself and upon its own merits, would The question being taken on the amlendbe sufficient to command approval. ment, it was not agreed to. Our action should be such as to further The question recurring on the adoption that principle and not to prohibit its ap- of the first section as reported by the Compllication. Now, sir, a single word upon imittee on Suffrage and l31ection, it was another point, and that is as to the matter agreed to. (f amendments. I have high respect for The CHAIrMIANT. The second section thl design of the amendment offered will be read. 1)y my colleague from Crawford (Mr. The CLERK. "All elections for city, Clu!rch.) I believe in the object he aims ward, borough or township officers, for Ltt, and yet I would attain it in another regular terms of service, shall be held on wily. I oppose that amendment and all the third Friday of March." o(thers, and for this reason: If we fix this Mr. HARRY WIITE. Mr. Chairman: I o!ection on the same day as the presiden- have but one or two brief words to adtial election, without any proviso as to the dress to the Convention against the adop-,legislature, either by way of option or tion of any provision of this kind. I CONSTITUTIONAL CONVENTION. 229 would be false to the interests of the peo- make it irrevocable. You inconvenience pie of the State. 1 would be untrue to the people and you do not satisfy public the welfare of the people which I immedi- necessities. ately represent if I allowed the provision Then, again, in the city of Philadelphia, to pass without uttering my protest I call attention to the fact that their mnuagainst it.' nicipal elections are held on the second It occurs to me that the people of Penn- Tuesday of October. I do not know how sylvania, so far as regards their spring they will feel on this subject, but it seelms election, require no constitutional provi- to me that possibly their convenience had sion whatever. It is a fact, very well better be consulted before any change be known, that the matter of spring elec- made in their time of election. For these tions or the matter of electing our mu- reasons, and others which I do not statenicipal officers is not held upon a uni- for at this late hour I do not desire to deform day in any counties of this Com- tain the Convention-I hope this body monwealth. Not a great many years ago, will refuse to place this section in the ConI think it was in 1869, the Legislature of stitution. It will not effect a reform. On the State passed a law providing for the the contrary, it will disoblige many oi election of all municipal officers upon the our constituents. second Tuesday of October. This was Mr. ALRICKS. 1r. Chairman: I lnove passed irrespective of party, and the ex- that the committee do now rise, report perience of two elections demonstrated progress and ask leave to sit again. that the people of the Commonwealth, On this motion a division was called, their convenience and their political ne- resulting in eighty votes in the affirmative, cessities, required the Legislature to which being a majority of a quorum, the change it, and without a party vote, by an motion was decided agreed to. almost unanimous vote, the Legislature The committee of the whole rose and changed it and remitted the holding of stated,through their chairman, (Ar.WValkthe municipal elections to the days upon er,) that they reported progress, and asked which they were held previous to that leave to sit again, which request was time. granted. One reason of that was this: In the re- Mr. HARRY WHITE. Mr. President: I gion of country where I live we have a suggest that the committee do not sit again population of divers interests. The peo- until day after to-morrow (Thursday.) By pie make their living out of the material that time these resolutions from the Comncharacter of the region in which they re- mittee on Suffrage will be printed-they side. For instance, the lumbermen, the have not yet been printed, sir-and menlmen who live upon the head-waters of the bers can examine the suggestions of the Susquehanna, must accommodate them- committee and make up their minds. selves in their election by the natural Mr. STANTON. Mr. President: I move rise, by the natural floods which take that the time for the next sitting of the their comnmodities to market, and ex- committee of the whole to consider this perience has demonstrated that on the subject be on Thursday at one o'clock. third Friday of March the natural floods Mr. LILLY. I move that the time be usually occur, and the business men, the fixed athalf-pasttwelveo'clockto-morrow. practical men of that region, are then con- The PRESIDENT. The vote will be first sequently withdrawn from any attention taken upon the longest date namedto the election of their municipal officers. Thursday at one o'clock. Hence, in the county of Indiana, in which On this a division was called, i'esulting I reside, in the county of Clearfield, in twenty-seven ayes and fifty-five noes. So the county of Cambria, in the county of the motion of Mr. Stanton was not agreed Jefferson, andr in many of the counties to. which are on the tributary streams of the The motion to fix the time at lhalf-past Susquehanna and Allegheny rivers, they twelve o'clock to-morrow was agreed to. have their elections fixed in February or Mr. NEWLIN, chairman trom the ConmJanuary, and even in December, to suit mittee on Printing and Binding, subtheir necessities. mitted the following report, which was The Legislature can do this. The law- agreed to: making power of the State can be trusted To the Constitutional Convention: with the exercise of this mlatter. I do The Committee on Printing and Bindnot think they will abuse it. If you place ing, to whom was referred the followthis provision in your Constitution you ing: 230 DEBATES OF THE Resolved, That such printing as shall be William W. Harding, of Philadelphia, ordered by the respective committees in hereby covenant and agree with the Comnpursuance of the resolution for that pur- monwealth of Pennsylvania to supply pose, passed on the eighth inst., shall be printing paper to the Constitutional Conprinted on unsized paper with long primer vention of the quality and for the price type, and not in the form used for Leg- specified in my proposals therefor, now on islative bills; the files of the Convention, said paper to Respectfully recommend that said reso- be of the quality and to be furnished in lution be adopted by the Convention. the quantities which may be ordered by JAMES W. M. NEWLIN, the Committee on Printing and Binding Chairman. of the said Convention. Mr. HOPKINS moved to adjourn, which Witness my hand and seal this-day was not agreed to. of January, A, D., 1873. Also, the following report, with the an- WM. W. HARDING, [L. S.] nexed contract, which was approved: iSigned and sealed in the presence of To the Constitutional Convention; EMERSON BENNETT, JR. The Committee onPrinting and Binding, I hereby covenant and agree with the to whom was referred the following: Commonwealth of Pennsylvania for myResolved, That the Committee on Print- self, my heirs, executors or administraing and Binding be instructed to make a tors to be responsible for the performance contract with William W~. Harding to of the above contract by the said William supply printing paper to the Convention W. Harding. in accordance with his proposals therefor; Witness my hand and seal this —day Respectfully report the annexed con- of January, A. D., 1873. tract, and iecommend its adoption. CIA. E. ARBURTO, L.. JAMES Vi. AI. NEWLIN,AS E ARBURTON [L. CLair~m. ~Witness present: Chairman. W. F. DAWSON. C4ONT:RACT OF~ WIILIAM WY. ~HIARDING~ FOR The hour of two o'clock having arrived, FURNISTHING PRINTINGt PAPER. the President declared the Convention Know all men by these presents, That I, adjourned under the rules. CONSTITUTIONAL CONVENTION. 231 SEVENTEENTH DAY. WVEDNESDAY, JCanuary 15, 1873. may we be blessed by the sumnmary cesThe Convention met at twelve M. sation of the corruption which is desolatPrayer was offered by Rev. Dr. Bsoard- ing and defiling the land even in its high nan, as follows: places. 0, Thou great and mmerciful God, Thy Let Thy benediction be upon Thy sermercies are renewed to us every morning vants and upon their absent families; mld ever7y evening. We have laid us Surround their homes with Thy guardian down and slept and risen againl, because care, that they be shielded from violence Thou, Lord, makest us to dwell in safety, and sickness, from fire and blood, anl for the darkness and the light are both from all harm Meet out unto us the alike to Thee. With the light of this changesof this mortal state; be our guide mlorningo encourage us lby shedding upon through life, our support in death, and i ns the light of Thy countenance; shed our eternal peace beyond the grave. This also Thy love in our hearts; grant us the we humbl ask in the name and for the Indwelling of Thy Holy Spirit, that we Amen. may be guided by His unerring counsel. Amen The wise man is not of himself wise, for REPORT OF PRINTING AND BINDING COlMwe are blind and helpless, guilty and MITTEE. miserable sinners. Our only hope is in Thy boundless mercy. Our only plea is Mr. NEWLIN, from the Comnittee on t!he great sacrifice of the cross; and we Printing and Binding, requested unanihumbly entreat Thee that, for the sake of mnous leave to present the following reThy dear Son, our sins may be pardoned port, which was granted: and our transgressions blotted out, and To the Constitutionel Convention: that we may have each for himself a sure The Committee on Printing and Bindpersonal and abiding interest in the atone- ing, to whom was referred the following ment in the Son of God. resolutions: O, Thou, by whom kings reign and "Resolved, That each member ofthe Conprinces decree justice, we again invoke vention be supplied with five copies of Thy presence on behalf of these Thy ser- the loose sheets of the. Debates of the Convants -here assembled in Convention. vention;" and the following: Graciously aid them in the discharge-of "Resolved, That the Committee on their duties; may they come to the great Printing be requested to inquire into and work which, in Thy providence, is laid report to this Convention whether, in upon them. Direct them with pure mo- their judgment, it would not be expeditives; raise them above the influence of ent to instruct the State Printer to forall mere personal attachments and party ward, by mail, one copy of the daily ties, that they may estimate aright the Journal and Debates to each newspaper greatness and the solemnity of the work published in this State during the session which is committed to their hands to do. of the Convention, and one copy to be In all moments of perplexity and doubt, sent to the Governor and the heads of the let Thy light brighten their hearts. Har- departments of the State at Harrisburg, monize all distracted councils, and so di- and one copy to each member of the rect the deliberations of Thy servants that Legislature;" all their labors shall tend to the promo- Respectfully report the following resotion of lasting peace and prosperity of our lutions, and recommend their adoption: Commonwealth. May they give us a fun- Resolved, That Benjamin Singerly, who damental law founded upon the princi- is doing the printing of this Convention, ples of unchangeable truth, and justice, be instructed to forward daily, by mail, and equity throughout all these States. one copy of the Debates, in sheets, to each May those who are appointedto posi- newspaper published in the State, to the tions of honor and power be men who Governor, to each head of department at shall fear God and hate covetousness; Harrisburg and to each member of the 232 DEBATES OF THE Legislature; and that he also furnish to The question being taken on this clause, each member of the Convention, during it was agreed to. its session, one copy of its Journal at the The question then recurred on the folopening of its next daily session after the lowing resolution: copy shall be placed in his hands, and Resolved, That forty-five hundred copone copy of the Debates thereof at the ies of the Debates and fifteen hundred opening of its daily session after said de- copies of the Journal of the Convention bates shall take place. be printed and bound for the use of the Resolved, That forty-five hundred copies Convention, the Debates to be in octavo of the Debates and. fifteen hundred copies form, double colunln, in solid -brevier of the Journal of the Convention be type, and the Journal to be octavo form, printed and bound for the use of the Con- in solid brevier type. vention; the Debates to be in octavo form, STYLE OF TYPE FOR ]DEBATES. double column, solid brevier type, and the Journal to be octavo form, in solid Mr. COCHRAN. Mr. President: Before brevier type. the vote is taken, in order that the ConMr. NEWLIN moved the second reading vention may not be taken by surprise, I and consideration of the resolutions. wish to call the attention of members to Mr. DARLINGTON. Mr. President: Is one thing, because I do not think it is adit in order to ask a division of the ques- visable to be in too great a hurry in retion? gard to this resolution. I desire to ascerThe PRESIDENT. Certainly. tain, if possible, the views of the ConvenMr. DARLINOGTON. Then I aski that the tion respecting the type in which the Dematter be so divided as to separate the bates shall be printed. Now it is very sending to newspapers from the sending evident to me, as well as it was to those to ourselves. gentlemen who have seen a sample page The PRESIDENT. The Clerk will read of the Debates, that the minion leaded the first part of the resolutions as divided pagewas the handsomest page submitted. The CLERK read as follows: The Committee on Printing were induced 1"Resolved, That B. Singerly, who is do- to report in favor of solid brevier for the inug the printing of this Convention, be reason that the proposals that were beinstructed to forward daily, by mail, one fore the committee was made in that copy of the Debates, in sheets, to each form; but there is no reason why the newspaper published in the State.'L Convention should not, if it thinks proper The question being taken on this clause this morning, change this resolution and of the resolution, a division was called adopt th, leadedminion page. Iwill say which resulted as follows: Ayes, fifty-six; further in regard to the question of exnoes, forty-one. pense that the leaded minion page, So the clause was agreed to. double column, will cost somewhat more Mr. HAY. I call for a further division of for composition to the printer, bkut it will the question, so as to separate the follow- be a saving of paper and a saving to some ing: "To the Governor, to each head of extent in press work. The expense then of department at ITarrisburg, and to each may be greater, but as to a book made up memlber of the Legislature," from the re- and bound, minion pages will make by mnainder of the resolution. far the most respectable publication. I The question being taken on this clause make these statements so that the Conof the resolution, a division was called, vention may vote understandingly on which resulted as follows: Ayes, fifty- this proposition, in order that the matter nine; noes, forty. may be brought to a conclusion, and that So the clause was agreed to. we may have no complaint about it hereThe PRcESIDENT. The remaining clause after. I move to amend by striking out will now be read. T"solid brevier" and inserting "minion The CLERi. read.as follows: leaded." "And that he also furnish to each nmem- Mr. MANN. I move to amend the ber of the Convention, during its session, amendment, by striking out the words one copy of its Journal, at the opening 1"minion leaded" and insert" leaded breof its next daily session after the copy vier." I certainly think that minion is shall be placed in his hands, and one copy too small a type, and that leaded brevier of the Debates thereof, at the opening of its will make a very clear and distinct page. daily session after said debates shall take Mr. COCHRAN. I would state to the place." gentleman, (Mr. Maln) that if leaded CONSTITUTIONAL CONVENTION. 233 brevier is adopted that it will add mate- mined we will know what contract we rially to the expense. Leaded minion will will have to make with the printer. The be more economical, and furtherthanthat, changing of the type may possibly give if the gentlemen of the Convention had rise to some question, but I am not prean opportunity of inspecting a page as pared at this time to say what change, if printing in leaded minion, they would at any, will have to be made. once decide that it is sufficiently perfect v Mr. MOHANN. Mr. President: I amns not and legible. I was myself under the iraand legible. was myself nder the im in the habit of making motions to increase pression that minion was entirely too o the expenses of the Commonwealth, and small until a specimen page was exhibited. therefore I will withdra my and therefore I will withdraw lmyr amendI examined it and in comparison with a rient which I offered, though I take it for page of solid brevier. I willsay, however, t t'' granted that it would have been better to that the brevier type that was used was have printed a less nuber of copie i' have printed a less nmnber of copies in neither very good or new, but the minion larger type which would have been satistype, as presented in the specimen page, and which the printer said he was goingf to use if authorized, made a very hand- Mr. EwING. Mr. President: I suggest some and legible page, and I think it an amnendment if the committee will acwould be nearly as legible, if not quite so, cept it. Instead of designating the type, as the solid brevier page. to amend, by adding "in such type as Mr. M'VEAGmr. Mr. President: I sim- the committee may determine. I will willingly leave it to the committee. ply desire to say, in explanation of my willingly leave it to the committee. vote, that as I have no idea whatever of Mr. NENWLIN. Mr.' President: The what brevier type or minion type is, I committee, I judge, would prefer that shall vote with Mr. Cochian on account the Convention should settle that quesof my confidence in his judgment, and if tion. I vote.wrong I will want him to take the Mr. TEMPLE. Mr. President: Inasresponsibility. much as there seems to be some misunMr. NEWLIN. Mr.President: Idesire derstanding on this subject, I move that to say but one word for the information of the further consideration of the resolution the Convention in addition to what has be postponed until to-morrow. been said by the gentleman from York The motionto postpone was rejected. (Mr. Cochran) on thissubject. The leadMr. CAREY. Mr. President: I have ed minion page presents a handsome appearance unquestionably to the eye, and had a good deal of experience unlike mRy the leaded brevier will be much larger friend fiom Dauphin, (Mr. MacVeagh,) and it will be more easily read, but the in both brevier and nion. I am satis solid brevier page, as reported by the fiethat th a Committee on Printing, presents a very from York (Mr. Cochran) is perfectly fright and that we should have a m etly fair appearance and is composed ot tole- right, and that we should have a much better and much hould havdmer work in rably good sized type. It can be easily better and inch handsomer work in read and will be far cheaper than either leaded minion than we should in leaded brevier. of the other forms. Mr. SIMPSON. I would like to inquire The amendment and the resolution, as what effect the adoption of either of these amended, were agreed to. amendments will have on the contract Mr. LAWRENCE. Mr. President: I hold which has been made for the printing of in my hands some papers which have this Convention. been referred to the Committee on CounMr. COCrRAN. I would merely say, in ties, Townships and Boroughs. On examireply to the gentleman from Philadelphia, nation by that committee it has been (Mr. Si'mpson,) that, as I understand it, found that the papers properly belong to it makes no difference in the contract the Committee on County, Township and whether we order the printing to be done Borough Officers, they having been rein minion or brevier. ferred to the improper committee.'I Mr. NEWLIN. In answer to the gentle- therefore move you that the Committee man from Philadelphia (Mr. Simpson) I on Counties, Townships and Boroughs be would say that this matter of the contract discharged from the further consideration with the State Printer is a thing'we cannot of these documents, and that they be resettle until this Convention has deter- ferred to the Committee on County, Townmined how the Debates and Journal shall ship and Borough Officers. be printed, and that after this is deter- The motion was agreed to. 234 DEBATES OF THE A STATE REVISOR. prerne Court, in courts of oyer and terMr. ALRICKS offered the following reso- miner and general jail delivery, in a court lution, which was referred to the Com- of common pleas, orphans' court, regismnittee on Revenue, Taxation and Fi- ters' court and a court of quarter sessions nance: of the peace for each county, in justices of Resolved, That the Committee on Reve- the peace, and in such other courts as the nue Taxation and Finance examine into Legislature may fron time to time esthe expediency of so amending the Con- tablish. stitution that one State Revisor shall be SECTION 2. The Supreme Court shall conelected every three years, whose duty sist of nine judges, elected by the qualiit shall be to examine and revise the ac- fled voters of the Commonwealth at large, counts in the Auditor General's office, and'a majority of whom, that is to say, not ascertain and report, annually, to the Leg- less than five, shall constitute a quorum. islature whether bills and claims against They shall hold their office for the term the Commonwealth, on file in said office, of eighteen years if they shall so long befor work, labor and material, are fair and have themselves well, subject, however, to true accounts of the services rendered or the arrangement in regard to the election material furnished, and whether all taxes and terms of the first board of nine judges on corporations have been equally and as hereinafter provided. The first elecfairly adjusted according to law. tion shall take place at the first general Mr. MANN. Mr. President: I rise to a election of this Commonwealth, which question of order. The Convention hayv- shall be held three calendar months or ing given leave to the committee of Ihe more after the adoption of this amendwhole to sit at half-past twelve o'clock to- ment, at which time the people shall elect day, is it not the order of the day that the as many additional judges of the Supreme committee do so sit? Court as will, with those in office three The PRESIDENT. The Chair is of opin- calendar months previous to said election, ion that the leave given yesterday to make nine in all. The persons who shall the committee of the whole to sit at a then be elected shall hold their offices as particular hour does not repeal the rules follows: One of them for eighteen years; of the House or the order of business. one for sixteen years; one for fourteen Mfr. LAMBEnTON. Mr. President Inoffer years; one for twelve years; and each additional one, if any more, then elected for the following, desiring to preface it with ditiona one, if any more, thn elected for the statement that I do so by a term of two years, less than the lowvest ths t tnthe oo request, of the others, so as to leave an interval of without concurring in the proposition conwtainthouied in it c- two years successively between the expiratained in it: tion of the said terms. The term of each sTere PRESIDEoeNT. The tChha s g e ob- to be decided by lot, by the said judges, served for some days that. gentlelne.1' have been in the habit of trying to attract as soon after the election as cnveniet, and the result certified by them to the the President's eye by standing in their and the result certified by them to tie seats while other business is being trans- Goveror, that the commissions ma issue acted. The Chair must say, and hopes he in accordance thereto The telrs of the will be pardoned for saying, that he makes supreme judges holding by election who'it his duty not to see any gentleman who it his duty not to see any gentleman who are in office three calendar months before is standing while other business is goineral election shall expire on, because if he did see him it would be the duty of the Chair to call the gentleman to order in compliance with the rules four years; the next in six years; the of the H-Louse. next in eight years, and the next in ten years from the second Monday of DecemTHiE JUDICIAL -POWER AND ARRANGE- ber next after said general election. And rE~NT. commissions shall issue in accordance Mr. LAMBERTON then offered the fol- therewith, and revoking their former comlowing resolution, which was referred to missions so far as they are inconsistent the Committee on Judiciary: with those last issued. The terms of the Resolved, That the Committee on the judges of the Supreme Court, elected unJudiciary be directed to inquire into the der this amendment, shall commence on expediency of altering the Constitution in the second Monday of December in the the following manner, viz: year they are elected, and shall continue SECTION 1. The judicial power of this till the second Monday of December of Commonwealth shall be vested in a Su- the year in which the term expires. The CONSTITUTIONAL CONVENTION. 235 judges elected for the term of eighteen each.county, except where the county has years shall be ineligible for a second term, so little population and territory, and is but having served a term of eighteen so convenient to the judges who preside years shall thereafter be entitled to re- as not to need a resident judge in the ceive half pay for life. The judge whose county; also that every man may have commission will first expire shall be chief his cause tried and finally decided within justice during his term, and thereafter ayear after it isbrought. If either party each judge whose commission shall just desires it, and the other does not object, expire shall in turn be the chief justice; both the law and the facts may be suband if two or more commissions expire mitted to one or three of the said judges, the same day the judges holding them and their decisions made final; or if shalldecide by lot which shall be the chief either party is not willing to make such justice. Any vacancy by death, resigna- decision final, then tlie other party not tion or otherwise shall be filled by ap- objecting the case may be-triedbefore one pointment by the Governor, to continue judge, and the parties may submit points till the second Monday of December, of law to be answered and made part of which occurs more than three calendar the record and subject to exceptions and months after the vacancy occurs. All the a writ of error; or if either party demand supreme judges shall be commissioned it, the case shall be tried before a judge by the Governor for the term they are to and jury in the ordinary way, and subject hold the office. to exceptions and writ of error. In civil SECTION 3. The commissions of all asso- cases involving long or difficult acciated judges not learned in the law shall counts the legislative authority may proexpire on the first Monday in December vide that either party may require the after the first general election at which jury to be selected by men whose business judges of the Supreme Court are elected tends to give them skill in accounts, and under the provisions of this Constitution. that such case either party may chalThe judges of the courts of common pleas, lenge or cause such persons as do not district courts and such other courts of come within that description, and the record as now are or may hereafter be Legislature may, where it is deemed pracestablished by legislative authority, shall ticable and expedient, extend the same be persons learned in the law, and, except principle to other cases. those learned in thelaw now holding said SECTIoN 4. The judges of the Supreme offices by election, shall be appointed by Court and of the courts of common pleas, the Supreme Court and commissioned by and of the other courts of record shall, at the Governor for the term of ten years if stated times, receive for their services an they shall so long behave themselves well. adequate compensation, which shall, not It shall be the duty of the Supreme Court be diminished during their continuance to appoint and assign to each district as in office, but they shall receive no fees or many judges of the court of common pleas perquisites of office, nor hold any other as the proper and speedy administration office of profit under this Commonwealth of justice requires; and the Supreme or under the government of the United Court may make such rules and regula- States, or any other State of this Union. tion, and such designation of work and The judges of the Suprenme Court shall, duties of the several judges of the corn- during their continuance in office, reside mon pleas and other courts of record, as within this Commonwealth, and the other will facilitate the administration of jus- judges, during their continuance in office, tice. The Supreme Court may, for suffi- within the district or county to which cient cause shown, remove any judge they are assigned by the Supreme Court. whom they appoint. The judges learned in the law holding, by election, at the time of the adoption of this Consti- Mr. BRODHEAD offered the following tution, shall continue in office till their resolution, which was referred to the commissions respectively expire, but the Committee on Future Amendments: Supreme Court shall have all such au- Resolved, That a due regard for the thority and control over them in every rights of the people requires that the Conrespect as-they have over those appointed vention should provide that any existing by them. The Supreme Court shall make Constitution may be changed whenever such appointments and regulations that the people may so desire, without the inthere may be at least one competent com- tervention of the Legislaure; and that to monpleas judge, learned in the law, in secure such object the Committee on 236 DEBATES OF THE Future Amendments shall provide for a members as they shall think expedient." vote of the people, for or against a Con- I do not read that by way of throwing stitutional Convention, at the general any obstacle in the way the ay of the passage of election to be held ill the year 1892, and the gentleman's resolution at all. I every ten years thereafter, unless a Con- merely want to call the attention of the vention shall sooner be called by the Convention in connection to that fact, action of the Legislature or otherwise. while ordering the printing, for I presume that in accordance to that rule it would be PRINTING TEXTS OF PROPOSED AMEND- nevertheless necessary, that whatever MCENTS. printing is ordered and reported by the Mr. MIACVEAGII offered the following committees, shall be first made in manuresolution, which was read a second time: script to the Convention. Resolved, That one hundred and fifty Mr. MACVEAmI. Yes,sir. I proposed copies of the proposed texts of the Consti- to do that. tution, as prepared by any of the standing committees, shall be printed, in the form HUSBAND AND WIFE. of legislative bills, for the use of the Con- Mr. BROOMALL offered the following vention, for the purpose of consideration resolution, which was read and referred and amendment. to the Committee on Legislation: Mor. MIAcVEilAGH. Mbr. President: The Resolved, That the Committee on LegConvention xwill bear with me one mill- islation inquire into the expediency of ute. 1 wish to state that it is not intend- providing that the contract of marriage ed to reverse the action of the Conven- shall have no effect relative upon the tion at all as to the printing of resolutions. right of the property of the parties during But that when any commitfee is ready to its continuance, and that upon its terreport a proposed text of the Constitution inination by the death of either husband for the action of this body, that this pro- or wife the survivor shall take the same posed text thus prepared. by the commit- share and interest in the estate of the tee should be printed in the form of legis- decedent. lative bills, so that when any gentleman proposes to amend he can do it by ready PREAMBLE. reference to the line which hle has before r. SIPSON offered the following res him, and so that every other member of olution, which was read andt referred to the Conventioln, having the proposed text the Committee on Schedule: -n' t..the Committee on Schedule: of the Constitution, thus before him, will be ready to appreciate the full import of Resolved, That the following preamble the proposed amendent. to the Constitution be adopted, to wit: the proposed amendment. I offer the resolution also because I We, the people of the Commonwealth have the honor to announce to the Con- of Pennsylvania, acknowledging our devention that the Conlmittee on Legisla- pendence upon Almighty God, and grateture is prepared to make its report. The ful to him for the blessings which we chairman of that committee, however, have enjoyed, and invoking His aid in happens to have always been in a minori- our efforts to form a permanent governty of one on one question, that is the legi- ment, establish justice, insure domestic bilityofhis handwriting. He thinks he can tranquility, and to secure political and write copper plate and that anybody can religious liberty to ourselves and our posread it who can read print, but in that terity, do ordain and establish the followconclusion no other person has ever agreed ing Constitution. with him, and he therefore desires, before Mr. T. IH. B. PATTERSON offered the sending the written report of the commit- following resolution, which was read and tee to the Clerk's desk, that the Conven- referred to the Committee on Schedule. tion will pass this resolution allowing Resolved, That the proper committee be coimmittees to print, in the form suggested, requested to inquire into the propriety of the text they propose to make part of the adopting the following preamble: Constitution. We, the people of the Commonwealth Mlr. COCHRANT. Mlr. President: The of Pennsylvania, grateful to Almighty thirty-first rule of the Convention, as God for our freedom and prosperity, and adopted by it, says: "That the Convention invoking His favor and guidance in order shall order the printing of the same," to secure for ourselves and our posterity that is all articles of amendment proposed the rights of libertyr and property, do orto the Constitution, "for the use of the dain and establsh this Constitution. CONSTITUTIONAL CONVENTION. 237 PUBLIC PROPERTY. rights with equal fcavor to all the people Mr. NWRIGIiT offered the folloTwing reso- of the State. The rates of transportation iution which xwas reacd and referred to over their roads and their charges for serthe Commlittee on Declaration of Rights: vice shall be in proportion to distance, Resolved, That the Committee on Decla- &c., with the right to add an additional ration of Rights be directed to inquire reasonable charge for greater stoppage and inlto the e~xpediency of inserting wa provi- delay on short hauls, and in no case shall sion in the Constitution that all places of more be chargel for passcngers or burial, ways, parks, squares, commons fireight received by them without thelillland other land now or hereafter dedi- its of the State cated to the public shall, in no case, be ENFORCEiMENT OF CONTRACTS. appropriated by individuals or corpora- Mr. METZGER oferecl the follo-ing tions, or applied to other uses than those resolution, which as read and lleferred originally intended, to the Committee on Declaration of CONSTITUTIONAL AMENDIMENTS. Rights: Mr. JOIIN R. READ offered the follow- Resolved, That the Committe on Bill of ing resolution, which was read and refer- Rights be requested to inquire into the red to the Committee on Legislation: propriety of adding to the seventeenth Resolved, That the Committee on Legis- section of the Declaration of Rights the lation are requested to inquire into the following clause: expediency of so amlending the Constitu- " Nor shall any law be passed depriving tion that the General Assembly shall not a party of any remedy for the enforcehave power to ratify any amendment to mnent of a contract which existed -when the Constitution of the United States, nor the contract was made." consent to any alteration therein, until RATES OF TAXES. the second re-organization of the General Mr. ELLIOTToffered the following resoAssembly held after the submission of lution, which was red and referred to lution, which was reacd and referred to such amendment or alteration by Con- the Committee on Revenue: gress to the Legislatures of the respective Pi esolved, That the proper committee be >States. requested to report an amendment to the PROTECTION OF LIFE AND LIMB. Constitution, in substance, as follows: 1Mr. MANTOR offered the following reso-' The property of corporations now exlution, which was read and referred to the isting or hereafter created shall be subCommittee on Railroads: ject to taxation at the same rate and in Resolved, That the proper commnittee be the same manner as the property of indirequested to inquire into the necessity of viduals, and not otherwise, provided the incorporating a section into the Constitu- property offered for municipal, charitable tion, as followvs: or educational purposes mady be exempt " That it shall be the duty of railroad by law." companies traversing any portion of the BRIBERY, PERJTRY AND IFAUD. territory of this State tTiprovide the best means of safety for the security and pro- Mr CAiPBELL offered e following tection of human life, limb and property 1esolution,which was read and referred to placed in1 their charge." to the Committee on Suffrage, Election and Franchise: RATES OF FREIGHT, &C. Resolved, That the Committee on ElecMr. STRUTHERS offered the following tion and Suffrage consider the following resolution, which was read and referred proposed section: to the Committee on Railroads: SECT. -. Every person who shall hereResolved, That the Comrnittee on Rail- after be convicted of bribery or perjury at roads be requested to report a section, sub- any election, or of wilful fiaud, either in stantially as follows: giving or receiving votes, or in counting "Public railroads and corporations are or returning the same, or fraudulently created to furnish chealp and ready trans- tamnlpering with, altering, mutilating or portation of persons and property, thereby destroying any election returns, certifitfacilitating the developments of the re- cate or records, shall be disqualified for sources and promoting the commercial, voting at any election thereafter and for agricultural, mining and manufacturing holding any office of honor or profit in interests of the Commonwealth. They this State. No idiot or insane person or shall use and exercise their powers and persons convicted of treason or felony in 238 DEBATES OF THE this State shall hold any office or vote at meet at twelve o'clock, noon, on the first any election therein. Tuesday of January succeedingthe adopANOTHER PAGE. tion of this Constitution, and every two years thereafter, unless sooner convened Mr. STANTON offered the followinlg by the Governor in special session. resolution: resolution:REA One of the pages of the Con- Sixth. No person shall be a Senator who WHEREAS, One of the pages of the Conshall not have attained the age of twentyvention has been directed to take chargehe age of tentyof the coat room, and therefore the num- five years, and has been a citizen and inof the coat room, and therefore the number of pages on the floor has been reduced habitant of the State four years next beto nine; fore his election, and the last year thereof toesolied, That the Chief Clerk be au- an inhabitant of the district for which he thorized to appoint one additional page. shall be chosen, unless he shall have been The question being, shall the Cionven- absent on the public business of the United The question being, shall the convention proceed to the second reading and iStates or of this State, and no person shall hold said office after he shall heave reconsideration of the resolution, it was not hold said office after he shall ~~ag~~~reed to. ~moved firom said district. The PRESIDENT. Reports from stand- Seventh. No person shall be a Represening committees are now in order. tative who shall not have attained the Mir. RMACVYETH M~r. President; I beg age of twenty-one years, and have been leave to make a report from the Commit- a citizen and inhabitant of the State three tee ton Legislature. years next before his election, and the last )The PRESIDENT. The reportwillbere-year thereof an inhabitant of the district Thle PRESIDENT. Tlhe report will be reoeivedP and read. for which he shall be chosen, unless he shall have been absent on the public busiMr. MACV:EAGH. I move that the read- ness of the United States or of this State, ing of the report, for the present, be dis- and no person shall hold said office after The motion was agreed to.th. he shall have removed from said district. The motion was agreed to. MA-r. MACGEAGH.Q I move th~atolne huln- Eighth. No Senator or Representative dred anad fifty copies of the report be shall, during the time for which he shall have been elected,be appointed to any civil office under this Commonwealth which the form of legislative bills. TZhe fomofinlaare lgai bshall have been created, or the emouinThe rpmotion was agreed to. ments of which shall have been increased First. Th o legislative powoer of this fduring such time, and no member of ConFirst. The legislative power of this Commonrwealth shall be vested in a (Gjen- gress or other person holding any office except attorney-at-law and in the milieral Assembly, which shall consist of at-law and in the mi Senate and House of Representatives. tia) under the United States or this Commaonwealth shall be a member of either Second. An election for members of the House during his continuance in ConGeneral Assembly shall be held on the n gress or in office. first day fixed for the general election succeeding the adoption of this Constitu- Ninth. No person who has been or heretion and every two years thereafter. Their after shall be convicted of bribery, perterm of office shall begin on the first day jury or other infamous crime, or who has of January succeeding their election. been or may be a collector or holder of When vacancies occurin either House the public moneys, who shall not have acGovernor shall issue writs of election to counted for and paid over, according to fill such vacancies for the balance of the law, all such moneys due from him, shall term in which such vacancy occurred. be eligible to the General Assembly, or Third. Senators shall be elected for the to any office of profit or trust in this State. term of four years: Provided, That those Tenth. Every member of the General who shall be elected at the first election Assembly, before he enters',upon his offiafter the adoption of this Constitution shall cial duties, shall take and subscribe the be divided by lot into two classes. The following oath or affirmation: " I do solseats of the Senators of the first class shall emnly swear (or affirm) that I will supbe vacated at the expiration of two years, port the Constitution of the United States and of the second class at the expiration and the Constitution of the State of Pennof four years. sylvania, and will faithfully discharge Fourth. Representatives shall be elect- the duties of Senator (or Representative) ed for the term of two years. according to the best of nmy ability; and Fifth. The General Assembly shall I do solemnly swear (or affirm) that I have CONSTITUTIONAL CONVENTION. 239 not paid or contributed anything, or made number may adjourn from day to day, any promise in the nature of a bribe, to and may be authorized by law to conmpel corrupt or influence, directly or indi- the attendance of absent members, inll rectly, any vote at the election at which such manner and under such penalties as I was chosen to fill the said office; and I may be prescribed. do further solemnly swear (or affirm) Sixteenth. Each House may determine that I have not accepted or received, and the rules of its proceedings, punish its that I will not accept or receive, directly members for disorderly behavior and, or indirectly, any money or other valuable with the concurrence of two-thirds, expel thing from any corporation, company or a member, but not a second time for the person, for any vote or influence I may same cause, and shall have all other powgive or withhold on any bill, resolution ers necessary for the Legislature of a free or appropriation, or for any other official State. act." Seventeenth. The doors of each House Eleventh. The foregoing oath shall be and of committees of the whole shall be administered by one of the judges of the open, unless when the business is such as Supreme Court in the hall of the House ought to be kept secret. to which the member is elected, and the Eighteenth. Neither House shall, withSecretary of State shall read and file the out the consent of the other, adjourn for oath subscribed by such member; any more than three days, nor to any other member who shall refuse to take said place than that in which the two Houses oath shall forfeit his office; and every shall be sitting. member who shall be convicted of having Nineteenth. The members of the Gensworn falsely to, or of having violated his eral Assembly shall in all cases, except said oath, shall forfeit his office and be treason, felony, violation of the oath heredisqualified thereafter from holding any inbefore prescribed, and breach or surety office of profit or trust in this State. of the peace, be privileged from arrest Twelfth. Each member of the General during their attendarice at the sessions of Assembly shall receive, for such period of their respective Houses, and in going to two years, the sum of twelve hundred and returning from the same; and Tor dollars and mileage, at the rate of ten any speech or debate in either House they cents, for every mile traveled in going shall not be questioned in any other from their place of residence to their place. place of meeting and returning there- Twentieth. The General Assembly shall from, and no other allowance or per- apportion the State every ten years, bequisite whatever, either for expenses or ginning at its first session after the adopservices, whether as member of any com- tion of this Constitution by dividing the nittee or other duty as member of said population of the State as ascertained by General Assembly: Provided, That if the the last preceding federal census by the Governor shall convene the General As- number thirty-three, and the quotient sembly in special sessions each member shall be the ratio of representation in the shall receive ten dollars for each day of Senate. Counties containing a population said session, with the same mileage as is of four-fifths of said ratio shall be separate hereinbefore provided for the regular ses- Senatorial districts, and elect each one sion. Senator. Counties containing not less Thirteenth. Every person who shall be than the ratio and three-fourths thereof elected or appointed to any office by the shall each elect two Senators, and one adLegislature shall discharge the duties of ditional Senator for each number of insuch office in person and not by proxy. habitants equal to the ratio contained by Fourteenth. The Lieutenant Governor said counties in excess of twice the luwmshall preside over the Senate, and in case ber of said ratio. All Senatorial dist ricts of a vacancy in the office of Lieutenant shall be formed of contiguous and comnGovernor the Senate shall elect one of its pact territory, each as nearly as possible members as Speaker; the House of Re- an equal number of inhabitants: Propresentatives shall elect one of its mem- vided, That no city or county shall elect bers as Speaker; each House shall choose. more than four Senators. its other officers and shall judge of the Twenty-first. The General Assembly election and qualifications of its mem- shall apportion the State every ten years, bers. beginning at its first session after the Tifteenth. A majority of each House adoption of this Constitution by dividing shall constitute a quorum, but a smaller the population of the State as ascertained 240 DEBATES OF THE by the last preceding federal census by and to confine these elections under these the number one hundred, and the quo- restrictions to "regular terms of service." tient shall be the ratio of representation Again, "on the third Friday of March." in the House of Representatives. Every In reference to this day, there was some county shall be entitled to one Represen- diversity of opinion in *the committee, tative, unless its population is three-fifths and the third Friday in March was agreed of the ratio. Every county having a popu- upon, because it had been the general lation of not less than the ratio and three- time, so far as one time had ever existed fifths shall be entitled to two Representa- in Pennsylvania. It was thought best, tives, and for each additional number of for that reason, to retain it, although there inhabitants equal to the ratio one Repre- was much diversity of opinion among the sentative. Counties containing less than members of the committee on this subthree-fifths of the ratio shall be formed ject. Many of the members believed inlto single districts of compact and con- that the third Friday in February would tiguous territory, bounded by county better accommodate the people of the lines, and contain, as nearly as possible, State. anf equal number of inhabitants. What the committee desired, and what The PRESIDENT. The Convention will they thought was necessary, was one uniInow resolve itself into a committee of the formn time. In the past, any person fronm whole, for the further consideration of any portion of the State, who considered the report of the Committee on Suffrage, the election day inconvenient to himself, Election and Representation. Mr. Walker could go to his friend in the Legislature will please occupy the Chair. and have a special time appointed for The CHAIRAMAN (Mr. Walker.) The the election in his district. coimmittee of the whole has had referred Now, if there is any one thing the peoto it the report of the Committee on Suft ple of Pennsylvania are agreed upon in frage, Election and Representation. When reference to our organic law, it is to kill the committee rose the second section special legislation; and we will not do it was before it. That section will now be if we commit to the Legislature the fixing read of the time for holding elections. Under The section was then read, as follows: the old rule, if a man wanted to get mar"All elections for city, ward, borough ried and it did not suit him to be home and township officers, for regular terms just at the appointed time, he would have of service, shall be held on the third Fri- another day fixed by law to suit himself. day of March." Now it has been alleged that there are fMr. M'ALLISTER. I was called upon such diversities growing out of the indusyesterday for an explanation of the rea- trial pursuits, particularly of the farmer, sons why changes were made in the Con- as render it impossible to agree upon one stitution in reference tothe subject matter time. I deny that proposition. In our of these two sections. The first alone was national government it was thought adtihen under consideration. I beg leave, visable to fix one certain day for the electhis morning, to make a very few remarks tion of our President and Congressmen; in explanation of the section now under and that matter has accordingly been consideration. And first, in reference to taken in hand by the national government the mtunicipalities to whichit shall apply, itself, which is hereafter to control it. If for citey, ward, borough and township offi- diversity of climate throughout the entire cers, there may be elections which are length and breadth of the United States not included in these four designations, was not an insuperable objection to fixing but it was thought that that could be one day for the national general election safely left to the Legislature. These are there should certainly be no trouble about restrictions upon the Legislature. All fixing one day in the State of Penusylpower is in that body unless we deprive vania. it of its exercise, and for that reason it My attention was called to this subject was thought best not to mnultiply words, less than a year ago, at a national conbut to describe these as city, ward, bo- vention of agriculturists of the United rough and township officers. States. On the 18th day of May it was asAgain, for'"regular ternlls of service." signed as a reason why certain delegates'i'he question of vacancies was before the were not in attendance that they were Committee on Suffrage, and it was thought taking in their wheat crops. On the next best to leave to the Legislature the nman- day the convention was entertained by ner in which vacancies shall be supplied, the agricultural society of Missouri,-andl CONSTITUTIONAL CONVENTION. 241 a box of crackers was furnished from Ala- Mr. J. N. PURVIANCE. I move to amend, bama, which had been made out of the by striking out all after the word " whole" wheat crop of that year. So that wheat and inserting as follows: and barley seem to be coming in from "At such time and place as shall be sonicme one State or another almost all fixed by act of the Legislature, and that through the summer months. such election shall be held on the same I allude to this for the purpose of show- day in each election district. The persons inlg that the diversity of climate in our then elected shall hold their offices recountry can be no good reason why we spectively for two years, and until their should not fix upon the same day for a successors are duly elected and qualiState election. For myself, as an indi- fled." vidual member of the committee, I am The CHAIRMAN. The amendment of free to say I should prefer the third Fri- the gentleman from Allegheny is before day of February, because it would accom- the Convention. mnodate our citizens engaged in lumber. Mr. J. P. WETHERILL. Mr. Chairman: That is a business dependent upon the I am satisfied from the character of the weather, and must be attended to ata cer- debate that has taken place on this questain time, and it takes away a large por- tion, that there will be a great diversity tion of the citizens of my county. Why, of opinion in regard to the fixing of any then, should it not be agreed to? I have one day upon which spring elections can no preference for myself, individually, be- be held. I do not pretend to know what tween the third Friday of February and may be the wishes of gentlemen outside tile third Friday of March. I have al- of cities, in this regard, but I am satisfied ready said I should have preferred the of one thing, that whatever time will be third Friday in February, because my acceptable to any one section, will not constituency are then disengaged. I was, be likely to be acceptable to any other. however, perfectly willing to coincide in There will, therefore, be a great deal of this report and advocating the third Fri- difficulty in arranging and fixing the time day in March, conscious that my con- to suit all. stituency would ratify our action if we But there is another, and I think a more fixed a uniform time, even one to their important fact, which we who are from inconvenience. the cities, should consider. I desire, comBut, Mr. President, what objection is ing as I do from this city, to make my ret. there to February? It is said that it is in marks principally upon that point. the midst of winter and the weather is I do not conceive, sir, although mucr,, cold. March is in the rainy season, and may be said in favor of frequency of elecconsequently the weather is damp. I tions, that there is any advantage in it.. think our citizens would rather go to the 1 do not see that it will do the people ofpolls in cold weather than in damp wea- our State any good for them to exercis-ethat ther. But be this asit may, let us fix one sovereign power of which we have. heard' uniform time; that is all that the Com- so much twice a year. I am fully aware mittee on Suffrage desires. how, oftentimes, people are led by those, It is important for the same reason that who conceive themselves to be party our general election should be held upon a leaders; but, to come direct to the practiparticular day. The evil does not pro- cal question-the question in which we bably exist to the same extent in the lo- who live in cities are mnuuch interested: Is cal as in the general elections; but when- it to our advantage to have a fall and ever there is an interest felt in the local spring election in large cities? election, and you have adjoining election What is there to be said in regard to. districts, electing on different days, you the advantages of two elections? It has have the same importation from adjoin- been urged, and forcibly so, that if we ing districts that you have in the general separate municipal matter from State election from adjoining States, and above matter-if we divide municipal elections all, if it were fixed for a uniform day, as from State elections-inasmuch as party it is by the proposition coming from the ties are not then so binding-inasmuch -as committee, we take away all cause for a voter can have his attention fixed more special legislation, which has been the directly upon the election of those who curse of our State. are to govern his city, he can then, perIMr. CORBETT. I move to amend, by strik- haps, exercise more care in regard to his. ing out "March" and inserting "Febru- choice. A resident of this city, as I am, 1 arv." can fully understand all that. But I can,. 16 212 40 ~ ~ I3I DEBATES OF TI-E at the same time, see disadvantages per- we will have, I think, infusecd int:o our fall haps equally great. elections a degree of quiet wich wili be I need not say, in this presence, that extremely acceptable to us all. that there is a strong doubt as to the wis- Ag'ain, sir, if we do away awithl feed dom of keeping a city of seven hunldred officers and salary our own and all other thousand inhabitants in continual tur- officers, we will lessen that desire wahichl nmoil. I need not say that toset tile politi- prompts a man to go into the political cal cauldron boiling twice a year will be field that he may make a fortune in tawo extremely inconvenient to the inhabi- years or so. In the city, Mlir. Chairman, tantS of a large city. I need not allude to it is well known that when a large -irthe excitemenut which occupies the time tune is ensurecl to a man who can secare just preceding elections. I need not al- an office for only a term of two years, thle lude to the fact that we elect to offices struggle is desperate, first to get the nol0imen who, ill their official positions, secure nation, and then to secure the election; a fortune; and I need not refer to the fact and when this element ente-s into ian that, in securing these positions, they election it gieatly disturbs the peace alnd strain every nerve anid move Heaven and quiet of a larg-e city. This elemene at -ill earth to accomplish their purposes. It be lemloved by fixed salaries. If you renlust be apparent that, ill doing this, there mriove it and the elemlent of special legisis a tumulit created-a disturbance raised latio andcl decide ih favor of biennial seoL-which is extremely dangerous to the siOls, I think the city of Philadeiphia well being of a large city. We'V have that wvould be contenlt with one election in the tulult once a year, and I anil sure the fall, but until this is done I cannot conpeople of cities do not care to have that sistently vote for two elections. infliction placed upon them twice a year. r. SIMPSON. IMr. Chairman.: As one Now, sir, we have only to look at this of the committee that reported this seclmatter for a llmoment to be convinced of tion, and having been unable to agree its apparent evil effects. I cannot con- with the other mlelmbers of that commi tceive how those of our members coming tee in regard to the proposition beoire t he from large cities are enabled to see clearly Convention, I desire to add a i'ev 1eand fully, at the present time, the neces- marks to what has just been so well said sity of having spring elections, and for by the gentleulan froml Philadelphia this reason. If we have spring elections, (Mr. Wetherill.) In addition to the frewho will we have to elect in the fall? If quency of elections, there are other conwae have biennial sessions, which I under- siderations of which I desire to get rid.:'tandl will be presented by the committee The business habits of the people are not and acted upon by this body, it seems to uniform throughout the State, and it is ule1 that the fall elections will dwlillndle impossible to fix any one clay upon wvhich into a very small matter, perhaps one the whole people of the State can generState officer every two years. ally agree as a day for holding lunlicipal, There is also another important point ward, borough and township elections. ill regard to this mllatter. I lave an idea A day that will suit the farmers of Chiesif we conclude to do away with special ter, York, Delaware and Lancaster courtlegislation, that thereby there will be cre- ties will not suit the residlents of Tioga, ated a good Legislature or a better one, Warren, Potter and MI'Kean, conlprisi -rSi perhaps, than we have had heretofore. the range of the northern tier of counties.'Therefore, in the fall of the year, men A day that will suit the citizens of the wvho desire to go to the Legislature for border counties wrill not be acceptable to llotives awhich llmay be improper aill not those inllabi-tilg the iluber regions, alnd care to go there for the purpose of passing should a day be selected which will mlreetu general laws, and they willnot be so desi- the views of the interior counties; it wvill rous of becoming candidates. Ill the fall, not be acceptable to the business men of4 then, all the activity and zeal exhibited our cities. I do not care vhether a day in by men anxious for place and power, Fcebruary or tMarch is selected; either knowing the result secured by the posses- will be equally unacceptable to the busision of that place and posver under special ness men of Philadelphia, who are in the legislation, will not care to become candi- heighth of their business in that season of dates; and as we may have pure and good the year, and they Will not desire to be ilen nominated for office, a great deal of taken away from their business duties to the turmoil, trouble and the unpleasant attend to a spring election. In addition to dissension will be clone away with, and this, I may remlark that Philadelphia hles CONSTITUTIOJTAL CONVENTION. 243 had no spring election for years, and I for allthe public officers of the Colmmonbelieve the people of Philadelphia are en- wealth. I desire to see this provisionl tirely satisfied -witll the present ararange- stand just as it is reported by the comnments of affairs. There is also another mniteo, because if there is anything that consideration which enters in. this ques- the people of Pennsylvani.z a called this tion, and it is the expenseo which is in- Convention to accomlplish, it was for the volved. It costs even now about }3d,- purpose of purifyirng our elections. The 000 to hold an election in the city of Phila- firm conviction among the people of the delphia, and additional taxes will have to State that there nmust be something done be imposed if these elections are held in in order to purify our elections has done all the cities of the Commo-nwrealth as more to assemble us here to-day than any -well as in the rural districts. I there- other reforins that are demanded. N*ow, fore, Mi. Chairanl, offer the following the people of Philadelphlia are of the amendment: opinion that in order to purify our city'"Provided however, That the cities hav- and county elections, this Convrentiol inpg a population of fifty thousand and up- mnust r enc ve tlheum from all political inwards may, when authorized by law, luenelce-ll tat i s, usin, thle -wocrd political change tLhe time oof holding the muni cipal in its poorest sc en'e-eandc, for this reason, elections by a vo7te of the people at the I hope that thlrs provision inl lreren1ee to next general election." municipal clections 11ill be retained i n The CImAIRnxAN. The Chair wTil state this sectoil, so tiihat the people of Philathat there is already an amendment to the deiphlia imay have anl opportunity of seamendcme-mnt now pending, and the gen- lecting their city and-l county officerls tleman's amendment is not in order. without being influenced by this partisan ir'. CAMPBELL. Mr. Chairman: As a and political stifoe. member of the Committee on Suffrage I AMr. DAIrLINsCTON.' ir. Chairmran: Itapadvocated the insertion in this clause of pears to me that this debate is dclegenerating the worl'" city," so that it slhould apply into thle question whether there shall be a to the city fi'om nwhich I comne-Philadel- chalnge ae in the election clay for thle phia. I differ with mly colleague (Mr. city of Philadelphia. Now, sir, this is a Wetherill) in his statement that it is very question involving a principle like the well known, and that it is the feeling of one i e we discusse yesterday. It is a questhe people of Philadelphia, that they do tion entirely of expecieincy as to -whether not wish two elections. There is a large it will be proper to make a change in the body of people in Philaclelphia who de- day of holding spring elections for the s-ire to remove all the interference of orclinary tiownship officers, and not ill repolitics froml their elections for city and spect to the city of Philadelphia, which county officers, and they desire, for this has no spring electionl at present. Is this purpose, to have the election day for city the rig'ht place and is this the proper cnd county officers fixed upon a differ- body to decidcl this question? Itstrikesnce, emt day from that on which the general 2Itr. Chairmni, ithat they are not. It may election is held. Now, sir, I was iai nlly be, itis true, that the city of Philadelphia instrumental in putting that word into ouolht to have a separate time for the electhis section, and, in fact, I wished also tion of her city omincers from that preto include the word 6L county," so as to scribed for tle general election of State have every officer of' the city and corunty oI'flcers, but I do not think that this Colnelected at a different tine friom that upon vention is the body to settle that question which the mlembers of the Legislature, for i-s citizens. I hiave rno doubt that we judclges of the Suprelme Court or Governor shall hlave before us, ii cldue time, a reporl' shall be elected. froml the Conmmittee on Cities anrtc Citv ThIo aigunment used by my colleague Charters, in which, if I unclerstandc the (M'1r. Wetherill) that there would be great foreslhacdowings, we shall be asked to tuinmult at this election, andcl that the peo- place guards upon the action of the Legisple of Philadelphia would be kept inl con- lature, restraining the legislative power stant turmoil, trouble and political ex- from interfering with the business of a city citement, will not apply here. This Con- in her municipality, and I, for one, wvould vention, as the genitlemran wishes anid go further, and say to the Leg'islaturre that suggests, will remove the temptation for there shall be no legislation affectirng the all this turmuoil and excitement, that is interests of a city unless it is asked for by iow so nzuch feared from having two elec- the city governienrt. If the city authoeitions, by fixing salaries, insteadl of fees,: ties shouldciwso desire, andc if, wh en we 241t DEBATES OF THE comre to the definition of the powers of that kind ofspeciallegislaLtion. Tilheout-cry the Legislature, it shall be asked by those is against that kind of special legislation out this floor representing them, that the in which, according to the familiar phrase, Legislature shall not hereafter be allowed there is money. That is the kind of special to pass laws granting certain privileges legislation for which private interests ask, to railroad corporations or to individuals, and when it is said and supposed that mounless they are asked for by the city ney is used to influence public judgment. authorities, I, for one, will be prepared to That is the kind of special legislation that grant their request in placing this re- we are to guard against. What special striction upon that body. Whenever this legislation would it beto allow any county subject comes before this Convention for to hold its local election in any month it its consideration, and the representatives desires to? Whlere there is no principle of the citizens of Philadelphia may say to invo;ved why should we interfere witht to us that the city councils will ask the the wishes of any portion of citizens of Legislature to pass a law to enable them the State, and compel them to vote for to take a vote upon the question of spring their county or municipal officers at a time elections, so that, uninfluenced by other when it is inconvenient for them to (lo so? considerations, the people themselves But the committee state through their shall decide whether they will have clairman (Mr. M'Allister) that they despring elections fofr their municipal offi- sire a uniform day throughout the State. cers. This will be the way in which to They advocate the idea of symmetry, but reach the end that is desired; but this is it is such symmetry as the English gar-i not the place, nor is it the time, to discuss dener believed in, who, finding a lad nmathat question. I submit to the Conven- raucing on his premises, locked him in tion that there is no necessity whatever an upper roo0 in a stable, and when the for putting anything in the Constitution lad put his head out of the window the which we are here to frame in regard to the gardener took his master's son and put hinm subject, for all these township elections in a building opposite to look out of the are held in the spring, and require no w-indow there. That idea of symmet9ry constitutional provisions or guards to be mnay be run into the ground. It is not neplaced around the Legislature. Gener- cessary that we should all have precisely ally, they are held at the time indicated the saime legislation in different districts. -on the third Friday in March. We have in our county one way of mendBut I am told, I suppose correctly, that ing roads, most acceptable to our people. in some portions of the State it would be We let them out on contract. Our peoa very inconvenient day to compel the pie think they get their roads better people to hold their elections on the third made in that way than they would in any Friday of March. If so, what reason of other mode. Who is to settle such a quesState or policy should prevent the people tion? Whose rights are interfered with of any town or county from holding their by allowing our people to have whatever local elections at such times as would be road laws. they choose for the managemost convenient for themselves? I hear nment of their domestic highways? What none. I know of none. We are satisfied rights of the people of the lumber counties in our portion of the country with the will be infringed by allowing them to time in which the spring elections are held elect their county officers on whatever there. In the lumber regions, I am told, days they please? It is, Mr. President, they desire a different time. Why should for the purpose of allowing the Legislathey not have them on a different day? ture, to accommodate the citizens of this In Philadelphia, according to the advice great Commonwealth, or any portion of it, of some gentlemen who have spoken to with any legislation that suits them best us, they want but one election day in the -call it "special legislation" if you please year. According to the information given -that the power to name different days us by others they want two. Whenever of election in different counties is given they decide that question for themselves to the law-making power of the State. If I amin in favor of their having one or two, the Legislature should fail to accommoas they please. date my district with any particular legisIs it any good objection, allow me to ask lation, that infringed upon nobody else, of mny friend from Centre, (Mr, MS'Allis- they should fall short of their duty. It is ter,) to bring in-the plea of special legis- the business of the Legislature to do for lation about which this out-cry is raised? the people what the people want to have I apprehend that the out-cry is not against done to promote their comfort and conve CONSTITUTIONAL CONVENTION. 24. nience in every department and every plained what the wants of the cities arein walk of life, so long as the in interests of regard to this matter, and I conceive, Mr. nobody else are interfered with by it. Chairman, that we need not take any It is for that reason, Mr. President, that action upon this matter at all. As the I am opposed to this whole proposition. gentleman from Allegheny (Mr. Hay) It ought not to be any part of the Con- has just said, let it be a matter of local stitution. It concerns officers which are legislation entirely. The people of the creatures of law and not of the Constitu- different sections of the State know for tion. It never has been part of the Con- themselves what time of the year will stitution. There has been, as I said yes- suit them best, and what will suit one seeterday in regard to the other portion of tion will not suit the other. this resolution, no public call for its amend- I concede that this question is not for us ment; at least it has escaped my observa- to decide as a matter of constitutional elntion if there has been. Has there been actment. We have gone far enough, I the suggestion of a public print, or of a submit. We have gone thus far in fixing public nlan, or of a public newspaper a day for general State elections and conanywhere, in favor of this change? Not gressional elections. Now let us stop one that I know of. Then why should there and let the people of the different we, for the sake of change, make a change sections through their representatives in uncalled for by the public, unnecessary the Legislature, express their will in reandcl inconvenient to a large class of our gard to these minor and local matters. I people? therefore hope that the Convention twill Mr. HAY. Mr. President: It seems to take thisview of the entire subject. Let me that the reasons which are urged for this matter of private, local business be the passage of this resolution are only settled by the people in the different secsuch as should cause this Convention to tions of the State. We, as a Convention, I vote against it. The reasons given in its do submit, have nothing whatever to (ldo favor are simply those of expediency. As with this matter. Let it ble with the peofi.r as I am concerned I have not been ple themselves. convinced by anything that has yet been The amendment of Mr. JOHN TN. Pu nsaid why the people of the different lo- VIANCE was reject'ed. calities of this Commonwealth should not Mr. CLARK. Representing as I do a seccall their local elections at such times as tion of the State somewhat interested in may be most convenient to themselves. the lumber business,it is proper, perhaps, It does not seem to me that there is any for me to say that the third Friday of important principle involved in this mat- SMarch would be most inconvenient fori terwhich demands action of this kind, and all that portion of the State so interested. for one I am opposed to the adoption of It is true that the month of February, and this resolution, because I do not think indeed all the winter months, are timles this is one of those questions which ought when the people in our part of the con:1to be determined here. It is one which I try, and in all the lumber portions of thethink ought to be left to the action of the State, are busy, and it has been remarked legislative department of the govern- by my friend from Philadelphia (Mr. ment, and should be regulated by the Simpson) that it is a business season convenience of the people in the different here; but men are not usually so busy portions of the State. that they have rot time to vote, while Mr. HANNA. I have listened, with with us it becomes utterly impracticable much interest, to the debate upon this for lumbermen to vote on the third Friday question, a proposition which to my mind of March, because, ordinarily, they are not seemed to be merely a local election. I at home at that time. Their business calls have asked myself this plain question: them away, and I venture to say that oneWhy should this be provided for at all in third of the voting population of the rural the Constitution of the State? districts could not vote on the third Friday I agree entirely with the remarks made of March, though all could vote on the third by my friend froln Chester (Mr. Darling- Friday of February. There can then be no ton.) As has been said, there is a great special objection to fixing that day as the disparity of opinion in regard to what time of holding municipal and county eleewould be convenient for the different sec- tions, especially in view of the fact that on tions of the State. What will suit the the day now namled it would be utterlyimcities will not suit the counties. My col- practicable for a large portion of the voters league (Mr. Simpson) has very fully ex- of the State to vote if the election be fixed 2416' EBATES OF THE in the latter end of M.larch. I hope thle MrT. -I:-ovrrs:s IMr. PresildIen t: I rise to i-mlenbers ol the Conve-ntion -will take this a point of oldoer. My poilt of order is: aLct il-nto considerattion. Asa a i lutn rrurto Thal a voee of this Colnven tiion, either by of this, in the northern and eastern parts rising or by yeas and iays, i not il order of Indiana county wre have a large lumber upon the question as it now stancs.before inteoest, and there the elections are held the Convrentlion. The report i0s alade by in Febrtiary, while in tlhe balance of the the chairailan of the com-nnittee of the county thley are helcd in MAarch. This dis- wlhole, with arnendments. T'he question tinction is held thronghout n the State. In then, at the proper tire, coiules unp before Clearfiell county t1ie elections are held the Conivention upon second reading, and in December, which is as busy a uronth the gentlemen can have the yeas and nays as any in the year, but in that month the upon any proposition that they may choose people of that county are at home. I hope to submit. thie Convention will consicer favorably the The PRESIDENT. The point of order proposition to change the day of election should have been stated sooner, but the fronm the third Friday of March to the Chair will consider it. The colmmittee of third Fricday of February. the whole nor no other committee has a MAri. DARLINGTON. Mr. President: Be- right to alter a bill which is once in posfore that question is taken, I wish to say Session of the House. They nzay propose that that would be a ltmost inconvenient amendments to it, but it is for the House time to all our people. It is a very bad to agree to those amendments, anc thus season of the year for us. put them on the Journal. The loose pracOn agreeing to the amendment, to insert tice which the Chair is aware prevails in "the thircl Friday in February" for the some Legislatures in reference to aimend-,"third Friday illn Iarch," a division was ieits, macid in conlnittee of tie whole, called, resulting eighi;y-seven in the is such that when the original bill is alteraffirmative, more than a imajority of a ed nobocdy canI tell whether it was done qulorLu. by comulittee of the whole or how it was So the anenclment was agreed to. clone. Sometines it has been alleged to iMr. SIMPrsoN. Mr. Presidenlt: I offer have been done in a very irregular manthe following amlendinent;: ner. "6P-ovided however?, That cities inay, The clerk then comlpletecd the call of vr-hei nauthorized by law, change tire tinne thre roll, and the result was as follovws: of holding their mrunicipal elections by a vote of the people at the next general YEAS. electioen. tlessrs. Achenbach, Alricks, Andrewvs, Tlhe amenldment was not agreed to. Arlmstrong, ]Baer, Baily, (Perry,) BannInan, The question being upon the section as Barclay, Beebe, Black, Charles A., Braodamllendecl, a division was ordered, which head, Brown, Campbell, Carter, Cassidy, resulted, affirmative eighty-four, \which Churclh, Clark, Cochran, Corbett, Corsoni being a majority of the Conventionl, thee Craig, Curry, Curtin, Dallas, Davis, Do1 section was agreed to. France, Diiumick, Dodd, Elliott, Ellism [Mr. CORBETT. ~Mr. Chaimian: I irove Ewing, Fultonr, Gibson, Gilpinl, Gutlhrie, the committee rise and report b:rack to the HIay, HIemphill, Hopkins, HIorton, How — Convention the report of the Comluittee ard, HIunsicker, Kaine, Larroberton, Lanon Suffrage, Election and Representation, dia, La-wrance, Lear, Lilly, Long',',A1with the alnendml-enrts threcto, which lhave lister, Mt'Camant, t' MClea-n, Mi'Co'nr e'i, been adopted. M1I'Curlloch, M'Mlull',ay, MceVeaghi, -ilann, The imotion was agreed to. DMantor, letzger, Mainor, Mott, "iles, Pa!MIr. WALKIER. 1Ilr. President: Ti hmer, G T PThier II Xl Pr eana J-111% R. Mr. F~resent: Th r, G. W~., Palmer, I-I. WF., Parsons, comrumittee of the whole 11ave instructed Patterson, T. E-. B., Patton, Pug'le, Purtheir chairmain to report with aimendl- man, Purvi ance, Johnl N., Piurviance, reents the sections upon)l the subject of Samuel A., Reed, John E., Iteynolds, S. elections, -which they have had under t-I., tookle, Runkll nith,i XV. HlITeninple, considerationl. Turrell, WValker, Wetherill, J. A., J \MWheiThe PRESIDENT. The qcustion will be ry, W~hite, David N., W7hite, J. Va. I F., first taken upon tile last arrendienet, to WVorreil and clWright —SI. strilke out "Marcih" and insert "February." The yeas and nay s -were ordered. MAessrs. Adcldicks, Ainey, Baker, BarThe CLE'RK proceeded to call the roll. tholoilnew, Bowman, Boyd, Br3oomall, CONSTITUTIONAL CONVENTION. 247;lBuckalewT Carey, Collins, Croniille, B!0' ck, J. S., Cuyiere, Fell, Finney, Finc,!)arlid(/;_on, DPunning, Edwards, tanLna,, Gowen, lilall, 13rarvey, leiierin, PReed, Ilrzznardl, K iolmght, L ttleton,''enowlihi, Pt Al ndre, Pha r as1 Slnpe, Smisth, -L. G-.,.s~on,3 Dr.., Porter, lite-hold,.}naes v StOart, Whitee Is aryry adr l voodwarLd.:S~antonl S"l uthers, Van Teed, Vc-etherilll do roi?(adj ou rn2? -, I-.5Lt07 I I 9 t* l F7 Eo 6mw{!d n low. n.'eo. Prioe, and Inlereoitloh, IPcesidei 30o n' So the ameendlment w sas aoreed to. The mnotion as asgre ed to. AlDSE.iNT AND NOT VTOTI NG — G-eRs'S. SO the Convention, at one o'clov.ck and1 cvT.ail', (I-u ot, f'don,) Ba rdslexr l-,iddcl,.-trane.ntes.c..o.l.ed., 248:DEBATES OF THE EIGHTEENTH DAY. THURSDAY, January 16, 1873. nmet in this city the Secretary of the TreaThe Convention et at twelve o'clock M. sury submitted the only response to our resolutions; that response I have in my Prayer was offered by Rev. James of. Prayer wfas offered by Rev. James W desk, but up to this moment the Auditor Curry, of Altoona, as follows: General has submitted no response whatWe acknowledge Thee, our Heavenly ever The Committee on Private CorpoFather, as the Giver of every good and rations think it is about time that the perfect gift. Grant us Thy presence this Auditor General should be heard from, day, especially during the hours we may and they have directed me to offer thisi spend tog~ether in our deliberation. Give resolution in order to stir him up. I hope us clear conceptions of the duties we have the convention will adopt this resolution, to perform. Help us to perfornm those and that the Auditor General, although duties with fidelity to our constituents he is at present in a state of transition, and with an eye single to the glory of will perform the remaining duties before God. We ask Thy blessing, Oh God, to he retires from his offce. abide with this Convention. Let Thy abide with this Convention. Let Thy The question being taken on the resoblessing rest upon the President of the United States. Bless our land and nation. lution, it was agreed to. Guide all in authority in Thy fear, to glo- REFERENCE OF RESOLUTIONS. rify Thee, the God of nations; and finally save us throughJesusChrist.Ame. Mr. WOODWARD. I am also instructed save us through Jesus Christ. Amen. by the Committee on Private Corporations APPROVING THE JOURNAL. to return a certain resolution, which was The Journal of yesterday was read and referred to that committee, with the sugapproved. gestion that it be referred to the Committee on Counties, Townships and Boroughs. INTOXICATING. LIQUORS. The resolution relates rather to the duties Mr. MANN presented a petition from of this latter committee than to those of citizens of the county of Indiana, praying the Committee on Private Corporations. for a prohibitory clause in the Constitu- The question being taken on the refertion against the sale of intoxicating liquors ence of the resolution offered by Mr. J. as a beverage, which was referred to the R. Read, on the tenth of January, to the CDommittee on Legislation. Committtee on Counties, Townships and PRIVATE CORPORATIONS. Boroughs, it was agreed to. Mr. WOoDWAID offered the following PRINTING REPORTS OF COMMITTES5 resolution., which was twice read and con- Mr. LILLY offered the following resolusidered: tion, which was twice read and conResolved, That the Auditor General be sidered: requested to respond, without further de-: Resolved, That the Committee on Printlay, to the resolution of inquiry adopted ing, &o., be instructed to arrange to have on the twenty-seventh of November last, the reports of the Committee on Constituin respect to private corporations doing tional Provisions placed upon the desks business in Pennsylvania. of the members the next morning after Mr. WOODWARD. Mr. President: I the reports are made to the Convention. would say, for the information of the Con- Mr. D. N. WHITE. I would state, for vention, that 1 offer this resolution by the information of the Convention, that direction of the Committee on Private the copy has only recently reached the Corporations. I submitted at Harris- hands of the printer, and that as soon as burg, on the 27th of November, two reso- the arrangements can be made the object lutions of inquiry, one of which was of the resolution will be accomplished. directed to the Secretary of the Treasury Mr. LILLY. Mr. President: It is said, at Washington, and the other to our own in this part of the House, that the printAuditor General. When the Convention ing is at present being sent to Harrisburg CONSTITUTIONAL CONVENTION. 249 to have it done. If so, it is probable that Resolved, That the Committee on Railwe shall have to wait any time from two roads and Canals be requested to inquire days to a week for it. It was to avoid into the expediency of so amending the this delay that I offered this resolution. Constitution that the same shall provide, Yesterday there was a report made by in substance, as follows: the Committee on the Legislature, which "That the Legislature shall pass no act ought to be on the desks of the members limiting the owner of land, appropriated this morning. Without a resolution, of by a corporation under a legislative grant, this nature delay will be frequent, and I by the right of eminent domain, to the hope the Convention will agree to the di- direct damages accruing from such approrection therein contained. priation, but all the damage, whether diThe resolution was agreed to. rect or consequential, shall be assessed REFERENCE OF PROPOSITIONS. against and paid by the appropriating corporation. " Mr. T. H. B. PATTERSON. Alr. President: I move that the preambles which INCOMPATIBILITY OF OFFICES. were yesterday proposed to the Consti-. Mr. BAER offered the following resolutution, and which were referred to the tion, which was referred to the CommitCommittee on Schedule, be referred to tee on Commissions, Offices, Oath of Office the Committee on Declaration of Rights, and Incompatibility of Office: and that the Committee on Schedule be Resolved, That the Committee on Offices, discharged from the further consideration &c., be requested to inquire into the expeof the subject. diency of incorporating into the ConstituThe motion was agreed to., tion the following provision: IMPEACHIIMENTS OF LOCAL OFFICERS. " That no person shall be eligible to hold more than one lucrative office at the same Mr. NEwIN offered the following reso- time, nor to hold any lucrative office in lution, which was referred to the Commit- this State while holding a lucrative office tee on Impeachment. under the Ullited States." Resolved, That upon information by the Attorney General, or upon complaint by STATIONERY AND PRINTING CONTRACTS. any citizen on oath, to the Supreme Court, Mr. CURRY offered the following resoof malfeasance in office by any city or lution, which was referred to the Conicounty officer, said court shall proceed, mittee on Legislation: without delay, to hear and determine the Resolved, That the Legislature shall prosame; and if a majority of the judges vide by law that all stationery required shall be of the opinion that the charge is for the use of the State, and all printing sustained they shall forthwith remove authorized and required by them to be such officer. The several courts of com- done for their use or for the State shall be nAn pleas shall have like jurisdiction in let by contract t3 the lowest bidder; lno the case of all township, borough and member of the Legislature or other State ward officers. The vacancies thereby crea- officer shall be interested, either directly ted shall be filled in the manner provid- or indirectly, in any such contract. od by law in the cases of vacancies occurring by death or resignation. LEGISLATIVE VACANCIES. LANDHOLDERS' DAMAGES. Mr. WVHEbRY offered the following resolution, which was referred to Committee Mr. Ross offered the following resolu- on the Legislature: tion, which was referred to the Conmit- Resolved, That the Committee on the tee on Railroads and Canals;: Legislature be directed to inquire into the Resolved, That the Committee on Rail- expediency of amending section twentyroads and Canals be directed to inquire two, article one, so as to read: into the expediency of so amending the "iWhen vacancies happen in either Constitution, that the original allowance Iouse the Governor, on certificate of sucl of six per cent. to the patentees of land, vacancies, as prescribed bylaw, shall issu under the proprietary grant, shall not be writs of election to fill such vacan ies." deemed or taken as a payment of the damages of any landholders for land ap- LEAVE OF ABSENCE. propriatsd for public use. Mr. ADDICKS. Ir. President: If in orMr. Ross offered the following resolu- der at this time, I ask leave of absence for tion, which was referred to the Commit- the gentleman from Centre (Mr. Curtin) tee on Railroads and Canals: for the remainder of this week. 250 DEBATES OF THE Leave was gra nted. 2Resolved, That wvhereas, it is believed(1 il~i.. nouscus. A1r. President' I also tllhat fraud upon the ballot boxs lighit tbe ask that th e same favor be grantecd the prevented by dividing the State inito g'ei-tl _ an from Lehihl (iMr. Broodeacd.) small election districts, provided proper Leiave a7was granted. persons could be induced to act as ofFi-ce r 1 AEi. LAw.YL>NCE. MIt. Presiclent' The at such election. And -whereas, it is bee':ltlelnan fiom Butler (MAlr. Purviancc) lie-ved that the services of such proper iwais called home this morning suddenly, persons could be secured freely, volunby a telegraplic dispatch, announcing se- tarily and -without compensation, by pmrof vere illness in his fanmily. I move that fering a proper inducement for such serleave of absence be grantecl him for a fevw vices, besides saving to the cities or coutnclays from to-day. ties in which such elections are held the Leave w-as granted. great expenses to which they otherwise Mr-. CLA l. sr. President: I also as k would be subjected therefrom. leave of absence for my colleague (Mr. Resolved, That the Coluaittee on ElecPorter.) tions be requested to inquire into the exLeave was granted. pediency of so amending the Constitution, that it shall provide that every person TIHE SUPREME COURT. who shall be elected or appointed to serve 1Mr. B..1THuOLOMEWTV offered the followv- as such officer at such election, and who ing resolution, which was referred to the shall so serve, freely and without comCommittee on the Judiciary: pensation, shall be exempted froim servResolved, That the Committee on the ing as a juror during the year following Judiciary be requested to inquire into the the year of such service. expediency of reporting a section to ar- PRISON INSPECTOR5. ticle five of the Constitution, in substance, r~s folls: X s lAr.,' CONN-IELn offlereC the followin g as follows:. proposed article of constitutional alnend"'The Su.preme Court shall consist of' * The Supreme Court shallconsistofment, which was referred to the Commi-tfifteen judges, to be elected by the quali-e Executive Department: tee on the ExecuLtive Department: fied electors of the Commonwealth in the followino manner, viz: The State shall be ARTICLE -. divided into seven judicial districts, to SECTION -. That there shall be a board enlbrace, as nearly as may be, an equal of inspectors of prisons, jails, houses of numllber of inhabitants. Each district refuge, houses of correctioll, and the prissIlall elect two judges, to hold office for ons inl the State, and all public insane asyfifteen years, except the district composed lums, and all other public hospitals, of the city of Philadelphia, in which there asylums or infirmlaries whatsoever in shall be three judges elected. That each the State, iwhich board shall ConSist of elector shall be entitled to vote for three persons, who shall be elected by one judge. That eight judges shall con- thelegal voters of the State at the first titute a cluorumn. That there shall be first general election after the adoptiol of held at Pottsville, 2WVilkesbarre, Erie, this amendmlent. Three inspectors shall Williamsport, Pittsburg and Philadel- be elected, one for one year, one for two phia n.isipprius courts, to be fixed by the years, and one for three years; except, as Legislature, andc said courts shall have aforesaid, the term of office of said inspecjurisdiction in the district vwhere the tors shall be three years, and it shall besame shall be holden of all matters in- gin on the first Mlonday of January inext voliving thle title to lands, andl of all con- after their election. In case of vacancy tracts and trespasses where five hundred hlappenillng in said board it shall be filled dollars and upwards are in controversy. by appointment by said board unltil a That this section of the Constitution shall person to fill it is elected, which shall be go into force and effect at the next,en- done at the next general election. The eral election for State offices after the person so elected shall enteron the duties adoption of this Constitution or amlend- of his office on the first Monday of Janumellts proposed by this Convention. ary next after his election, and shall hold the office only for the remainder of the ELECTION OFFICEInS. term of the person whose death, resignaMr. BARCLAY offered the following reso- tion or removal occasioned the vacancy. lution, which was referred to the Comn- SECTION -. The said inspectors shall illittee on Suffrage, Election and Rep- visit the said institutions at least once resentation: every year, appoint all the keepers and CONSTITUTIONAL CONVI'EN'TION. 251 otlher officeirs thereof, anl inspect and re- arrangement cannot Ibe made whichl will port upon their condition anicl that of their answer the saen p11npose,,itlthont the innllmates; also on t heir challaceter, l nan- necessity of drawtin 1lv arns ra for po-io - a,!,e-eonts and buildings; also whatl tion of the pay so ifrequenlldy as we sail heanrges or improv ienulcls Should be made have to do under an arnangelent of that therein, and on such other mzatters as the kind. I mIove to postpone the colnsderaLegislattnre may direct or they thenm- tion of thle resolution. selves iLay e dtem proper, which:report Ar. Tunr,Eut. u it. r Pesidient: I hope shiall be presented to th]e Legislatulre on nlot — or as soon as possible after its assemlbling The PnrIEID-T. The maotlion to postat each regular session. pone is not debatable. SEcTION -o The Legislature shall fix Mr. KINE. Mr. Presidcent: I move the salary of said inspectors, which, with the indcefinite postponemlent. all proper expenses of said board, shall bo The PRESIDENT. NO 1moti11 is in paid by the State. order. The question is upon the motion SEcTIoN -. The persons cormposinlg of the gentleman from York, (Mir. Cochsaid board, together with the Governor, ran,) to ostpone. Secretary of State and Attorney General, t.', s The motion wNas not agreed to. shall compose a council of pardons, with power to grant pardons and reprieves, to The PRESIDENT. The qugestion is upon miodifv sentences in all criminal cases, and to change any sentence of death to Fayette (Mr. Kaine) has the foor. imprisonment for life or for a term of years. Mr. KAINE. Mlr. President: I merely A majority of said board shall be a quorum want to inquire of the gentleman from for doing business, but no pardon or nmodi- York (Mr. Cochran) what arrangements fication or change of sentence shall he he proposes shall be made? granted unless at least four of said Mir. CocHRAN. I do not propose any members concur therein. In every capi- definite arrangement at the present tilne. tal case wherein application is made for a I think it is possible that some arrange-u0s jo o1lTUopj.polm aTo au11njao.o uopa.wd mnent can be made, or some understandtence, the said board, orif it is not in ses- ing had, which will prevent the necessity sion, its president or secretary shall or- of frequently drawing warrants. der the sentence not to be executed until AIr. (KAINE. Mr. President: I would the application shall be heard and de- very cheerfully agree to the proposition terliined by said council: Provided, of the gentleman from York (Mr. CochThat no pardon shall be granted before ran) if he could suggest any reason for sentence: And provided fiother, That no it. TWhile at HI arrisburg a resolution was pardon, reprieve or change or modifica- offered, and the Commnittee on Accounts tion of sentence shall be granted except presented to the Convention a resolution, by said council, and in the manner afore- for paying the mileage and stationery of said. memibers. I do not 1remnember whether anything was said in that resolution about PAY OF OF FICEiIS AND ESIPLOYEES. the clerks or other officers of the ConMr. TURRELL offered the following reso- vention or not, but mly recollection is lution, which was twice reacd and consid- that there was nothing of that kindcl in it; ered: therefore I. suppose the clerks and officers Resolved, That the Committee on Ac- of the Convention have received nothing Counts and Expenditures be requested -wNthatever for their services. Tlhat is not to report a resolution directing warrants fair. It is not proper. They ought to lbe to be clrawn for such plroportion of the paid as wvell as the nmembers of thlle Conpay of clerks and other officr of this vetionl, at least a portion of what thisey Convention as they may deem proper. are entitled to, for their salaries; ncl iMr. COcHRAN. Mr. President: I hopie therefore l will not agree to the postponethat resolution wrill not pass at the pre- ment of the matter, unless the gentlemnan sent time. I think there is no immediate firom York (Mr. Cochlran) hasiniforlmation necessity for its adoption, as it will co11- that 1no other nelmber of the Cony enm.it the Convention to a particular course tion has about some arrangement which of action, which may be very inconvreni- might bo.leade with the.State - Treasurer, eNt;in. the future. I would rather ask by which members or officers could get for the postponement of it for a clay or their pay without this frequent diawing two, so that we may see whether some of warrants on the part of the President. 252 DEBATES OF THE Mr. STANTON. Mr. President: I un- state to the members of this Convention derstand the resolution only applies to who have not visited the league building officers and other employees of the build- that it is centrally located, has an agreeaing. Now the firemen and the janitor ble restauiant, a fine reading room, where really need their money every week. they will find all the leading periodicals They are very poor, and they ought to be and newspapers of the day, and a very paid; and I think the resolution. only ap- good library; and to add, on behalf of the plies to them. I trust it will pass. directors of the league, that this is not Mr. HAY. AMr. President: If I under- simply a formal and polite invitation to the stand the resolution which has been offer- Convention, but a cordial invitation to all ed it only applies to officers of the Con- the members, irrespective of party, to vention, that is to say, those who have visit the league building whenever they been elected or appointed under the di- see fit. rect action of this body. If the resolu- Mr. HAY. Mr. President: I desire to tion passes in its present shape, without second the motion of the gentleman from any modification, which I understand Philadelphia, (Mr. Littleton,) and in so the gentleman from Philadelphia (Mr. doing to express, as a member of an orStanton) proposes, I would inform him ganization which differs somewhat in, that it was the purpose of the Comlnittee opinion from the directors of the Union on Accounts to hold a meeting with the League, an appreciation of the courtesy view to the consideration of the question they have shown us in extending such an of the payment of the expenses of the invitation. I will accept it, personally, care of this building. and I hope other gentlemen will do so ill The question recurring on the resolu- the same spirit. tion offered by Mr. Turrell, it was agreed The motion was agreed to. to. TERM OF OFFICE OF JUDGES. PRAYERS. Mr. S. H. REYNOLDS offered the followMr. STANTON offered the following reso- ing resolution, which was referred to the lution, which was twice read and agreed Committee on the Judiciary: to. Resto. Resolved, That the judges of the several Resolved, That the Rev. Jamnes W- courts of this Commonwealth shall hold Curry, delegate to this Convention from their offices for the term of twenty-five Blair county, be requested hereafter to years, and thereafter shall be ineligible: open the proceedings of this body the ineligible: open the proceedings of this body Prith Provided, That all judges shall be retired pl ray er. at seventy-five years of age, and that, UNION LEAGUE. after their term of office has expired or Mr. LITTLETON. Mr. President: I ask been terminatedby retirement, they shall leave, at, this time, to present a communi- receive a pension equal to two-thirds of cation. their salary; but no pension shall be paid Leave was granted. to any judge unless he shall have served The CLERIc read the commllunication, as for at least fifteeen consecutive years. follows: MINORITY REPORT ON LEGISLATURE. NION LEAUE OUSE, 1873. Mr. DALLAS. Mr. President: I am instructed by the Committee on the LegisTo the Fresident of the Constitutional Conention of the Stae of Pennsylvania: lature to present a minority report, which vention of the State of Pennsylvania: I I send to the desk to be read. DEAR SIR:;-I am instructed by the The CLERK read the report, as follows: board of directors of the Union League to extend to the members of the Constitu- To the Constitutional Convention: tional Convention the courtesies of the The undersigned, a minority of menmLeague house during the session of the bers of the Committee on Legislature, are Convention in this city. unable to concur in so much of the report Very respectfully, of that committee as proposes the followSTEPHEN G. COLWELL, ing, viz: Secretary. Provtded, That no city or county shall Mr. LITTLETON. Mr. President: I rise elect more than four Senators. to move the acceptance of the invitation, The undersigned therefore respectfully and to extend the thanks of the Conven- submit that, in their opinion, the proviso tion to the Union League.: desire to above quoted should be stricken from CONSTITUTIONAL CONVENTION. 253 the second section as reported by the ma- change made by Congress in the day on jority of the committee. which its members should be elected, (Signed) J. PRICE WETHERILL, very few, indeed, would have thought of GEO. M. DALLAS. making any change in our general elecMr. DALLAS. Mr. President: I move tion day. I have faith still that Congress that, the minority report be printed in the will change, eventually, the day upon same manner as, and in connection with, which its members should be elected; the majority report. that they will change it in conformity to The motion was agreed to. the general sentiment of the whole Union. All I ask gentlemen to consider matureELECTIONS. ly is the state of things i hat -we are going Mr. D. N. WTHITE. Mr. President: I to bring about when we agree to change Cmove we proceed to the second reading of this election day to another which will be the report of the committee of the whole less convenient for us. All our citizens, upon the article submitted by it yester- fron east to west, and from north to clay, in reference to elections. south, know well that we cannot to adThe motion was a-greed to. vantage make a change. There are about The CLERK read the first section, as fol- a dozen States whose elections are held lTows: at an earlier period than ours, and about "IThe general elections shall be held on the same time. Those holding elections Tuesday next following the first Monday in October are Iowa, Indiana, Nebraska of November, but the Legislature may, and Pennsylvania, comprising, with those by law, fix a different day, two-thirds of States that hold elections prior to that each House consenting thereto." month, a population equal to one half or Mr. PURMAN. Mr. President: I offer more of the whole Union. Is it not reasthe following amendment: Strike'out all onable to suppose that when this question after "'held," and insert: comes to be considered maturely, in Con" Annuallyv, on the second Tuesday of gress, if they fix a day for the election of October, except in regular presidential members of Congress throughout the and congressional elections, when it shall ju Union, they will strike that just medium be held on Tuesday next after the first between those States that are in advance of A'1onday of November; but the Legisla- us and those that are after us, and adopt ture may, by law, fix a different day for a day found to be so convenient in the years in which said federal elections larger States? shall occur, two-thirds of each House as- It is for this reason that I feel earnestly reanting thereto." and anxiously; it is for this reason that I The amendment was not agreed to. am extremely averse, for one, to a hurThe PRESIDENT. The question is upon ried change, at this stage of our proceedthe section. ings, before we can know what New Mr. DARLINGTON. Mr. President: I York and Ohio are going to do about this scarcely know whether it is expedient or subject. If Ohio adheres to her day, as polite for me to say anything in addition - now established, we shall then have that to what I said yesterday in committee of day continued. Suppose NewYork should thle whole. I do not know, sir, that I change her day from Novemlber to Octocan1 add anything to the argument I then ber, nothing would be more natural. It made. This is a change of the election would be better for them than if the day day, in which no principal is involved-a were fixed otherwise. They would have change merely for convenience, and be- their election day when every man could catuse the Congress of the United States go to the polls. So also is it with Massahave fixed upon the day proposed as the chusetts and Illinois, a portion of the latday on which the members of Congress ter of which States lies north of our line shall be elected. and a portion of it south. Already there is in session in New York There is every reason to suppose that a a Collission to revise the Constitution careful and mature judgment exercised of that State. A Convention has been by Congress and by those States will called in Ohio to revise the Constitution more than likely lead to the adoption of of that State. We cannot, I take it, at the day designated by Pennsylvania and this stage of our proceedings, intelligent- those other States to which I have relv act on this question, in view of what ferred as forming this great belt, if we may be the result in these other States. I stand fast to our election day. Let the ratler think that if it had not been for this election day remain, by the voice of this 254 DEBATES OF THE Convention, where it is, and let others than is Noveniber. In the latter month who -wish to change come to us. Un- the weather is generally inclement —cold questionably it has been our example and stor'lyr; while on the second Tueswhich has influenced those -western clay in October we are likely to have a States to propose to make new Constitu- pleasant and agreeable temperature for tions; uncquestionably those other States open-air demonstrations. As a matter of will comlle to us, and u-nquestionably the fact we generally, in the rural districts, members of Congress, when they colme to devote the month of September and the discuss this cluestion, and hear the proper fore part of October to the examination of arguments upon the subject, will agree public questions. With us. For these reasons and others which I It is for these reasons that I am opposed could name, but vwith wvhich it is not neto any change; because it is better for us cessary to take up the time of this Cointo remain -where we are, before we know vention, it seems to me that we ought to whether anybody would go with us in a adopt for our election day the second Tueshilan-e, and before we knovw whether it is day in October. necessary to mnake a change that will in- I may acldd, in the same line of ar'ullent volve so nuch inconvenience. presented by the gentleman friom Da-uM10r. PUR AIAN. Mr. President: As a phin (Mr. M!ackeghi) yesterday, when mnle0re question of convenience I have not this question was under consideration, the sig'hteest doubt that October is the that it is entirely propel for the Slates to muounth in which our general elections manage their own affairs independent.of ouht to be held. The season of the year any dictation frona the Capitol at Washancl the condition of the wea'ither mlake it ington. If in the course of events it should a better time -for the assenbling of people beconle necessary for Pennsylvania, as one to-ether than the maonth of November. of the great States of this governuent, to'lhe fact that we have indicated the mionth assert her indepenldence, apart fr on any of October in our Constitution, if our elec- dictation of flederal authority, the Leo.istions are to be uniform througlhout all the lature will have the power -to chtange the States of this Union, would be an invita- day of election. Let us leave the po-er tion to the general governient to fix the in the Legislature to ilake this change date for the election of memnbers of Con- when circnmstances lilay ilperatively ugress and President on the same day, as cemalmcl it. Let us not tie up the hands well as a general invitation to other States of tle people so that they can never aineut to follow in our footsteps. it -without a constitutional amiendment. This government of ours is foundeid o0 In mliy opinion it is important that we the opinions and intelligence of the peo- shoulc not irrevocably fix the clay, but pile. That the people miay uniderstand leave thequestion in such shape as that the public questions and act intelligently people's represeiitatives may exercise it in upon them they should hear them dics- accordalnce with the demands of advanccussecl throughout the length and blreadth ing prosperity. It is idle for us to suppose of the land. The people, with a keen ap- that nothing may occur in the tine to cotme preciation of their own interests, demand wrhich may call for some change in the time and receive, through discussion, informuna- ~ holding elections. Let us cast our eyes tion on the various public questions that backwards, over evenl so short a period in are to be voted upon bly them. This is our history as twenty years, ancld we will just as it oughlt to be. Public matters learn the important lesson that if -we tie ought to be discussed before the people, our hands now we may have occasion to and the people ought to assemble together regret it hereafter. for the purpose of hearing them discussed. Our governmient is founded upon the In State contests questions of State in- idea of decentralization. So much poswer terest ought to be discussed. Heence we is delegated to the federal government as must consider the convenience of the peo- it is not convenient for the States to exerp!e at such seasons for purposes of as- cise, and all other power is reserved by sembling. It wvill be necessary for them and to the States themselves and to the to gather themselves together somnewhere, people. These-the States-again divide and while in cities they usually assemble their powers out amlong their natural subin amrple and well protected buildings; divisions, such as counties, townships andt in the rural districts they generally as- cities. All is founded, however, upon this selmble inm the open air. October, there- idea of local self-government, and all powfore, is better fitted for such occlasions, ers that umay be necessary to the fullest CONSTITUTIONAL CONVEzNTION. 25.5, developlment of this capacity for local self- bie in our existing Constitut;ionl. This government should lbe left where they can ameclndment leaves the genieral elect, ion as be properly and rationally exercisecd. it is now fixed, excep-t that in years of'Mr. COCIIRAN. M2r. President: I shall federal elections it will be on the Cday very reluctantly vote for this section as it fixed by Congress Ior choosing presidenstands. Individually I greatly prefer tial electors and nmembers of ConviogesC.i holding the general election on the se- Now this! change in the years ofo fdcond Tuesday in October', for reasons whiich eral elections is all that is necessar7 y to have been already stated; but wvhen we meet existing evils. In the first place ift comle to consider the question of conve- will establish the principle that ne shall nience, it seems to mne very munch better hlave but a single election ill any one year, to take the section as it stands. It is true and next that we shall prevent the imlporthat it changes the day of election by tation of votes friom abroad, and othelr some three oTeeks. It is true, also, that evils which have atLendcld upon elections ordinarily the season is not so favorable in October in years when presidential1 on the first Tuesday of November as on electors were to be chosen. In short, the the second Tuesdav of October. The clays, change proposed by the aanentcldmlet too, are somewhat shorter. leaves tire best clay, accD)Crdiln to the prac-'ut, if wae adhere to the plan of having tice and opinion of our people, infull force, the second Tuesday in October, it necessa- except in those years whvlen an oVerrily compels us to have two elections awhelniug necessiJy~, arising CLt n:of the aCevery second year; one on the second tion of the fcderal goverilment, callsupon Tuesday in October and one on the first us to mlake a change or mnoclificatio-l of Tuesday of November; because, undcler time. the act of Congress, we mnust elect IRepre- l'ow, sir, by establishing a single gensentatives to Congress on that day. Why eral election in ach ye ar we shall save the should we hold two elections? In the expense ofa second election every second county from which I come it costs fromi year under the recent act of Congress. twielve to fifteen hundred dollars to hold This is a very great advantage. 1Ae shall. any election, spring or fall; that amount also avoid a large amount of fiaud with represents the cost to the county alone. If which we are nowAT troublec ant vexed, you hold two such elections every alter- and in this respect this arrangement is nate year you just double that expense, vindicated; but I pray, you, what reason and, of course, the expense is proportion- is there for changing the ordinary timle ately increased in other counties. Is in the odd years when there will be no there sufficient advantage in the fact of federal elections? VWhat reasons can h0e holding the election in October, to coun- given for it? I know that one of the arterbalance the expense which will be en- gumnlents which has been used is that it tailed upon the people? I think not, and will be more symmetrical to have a so thinking, I believe we had better fix uniformn day, but certainly this argumlent a uniform dlay. amounts to but little. It is rather a lmatShall we put the necessity of voting on ter of taste than of necessity. In fNoveemone day for State officers, and on another her the days grow shorter, and the time day simply for Representatives in Con- in which to receive votes will have to be gress? NTow, sir, as I do not think it is shortened unless the election is pressecd advisable on the score of convenience andl into the evening after d(ark, when fraucds economy, I shall vote for the proposition are more likely to be committed. I do as it stands, although I would greatly not desire to eiter into a general arguprefer if, under other circulnstances, our mlent upon this matter, but simnply to reState election scould be held on the second state the case as presented by the amendTuesday of October. m1ent of the gentleman from Greene. In 1{Mr. BucrALnE W. Mi5r. President: I de- the argumLent of the gentleman from Yolrk sire to express my opinion with reference (iMr. Cochran) he seems to suppose that to this question, as I differed in opinion we are to have two elections in the same fiom the nmajority of my colleagues of the year. That is not so. We simply proCommittee on Suffrage in their decision pose that the Constitution shall be left as upon it. I intimated to them t1at in Con- it is, except that in years of federal elecvention 1 would vote for such an amend- tions we shall conformn to what has been ment as that proposed by the member determined by the federal power. from Greene, (~Mr. Purman,) by which But the main reason why I favor this we will make as small a change as possi- amendrnent is this: I am anxious to save 236 DEBATES OF THE the chance in the future of obtaining the It seems to me that it will be very imtime for the election of presidential elec- portant to make the day uniform with the tors and members of Congress in October elections in other States, because we instead of November. In the present shall then be exempt, to a considerable year a Constitutional Convention is to extent, fronm the frauds which have been lneet in the State of Ohio. A Commission perpetrated of late years. The animating to prepare amendments is now in session feeling of the members of the committee, in the State of New York, and in States as far as I understood it, tended solely to west of us, and in other sections of the the prevention of this importation of vocountry Conventions will be held within ters which has reduced our elections to a few years. such a lamentable condition. I think There will be a great deal of this work there are thirteen States that have selectof constitutional amendment constantly ed the day reported by the committee; going on in other States of the Union, and in regard to the question of time, I and I desire when our rule is established would say that a very short space elapses that it shall present an invitation to those between the second Tuesday of October States as well as to the federal govern- and the first Tuesday in November. I ment to change this November day of think the question of time is a very unelection to the day selected by the people important matter indeed, and I hope the of' our State. There is then no reason section as reported will receive the assent stated or apparent why we should change of this Convention. our regular time of election except in the SMr. DARLINGTON. I move to re-consider years of federal elections, unless it may the vote taken on the amnedlent offered be upon the mere ground of uniformity, by the gentlelan forn Greene (Mr. Purand as there is nothing in this argument man. of consequence I hope the amendment The PRESIDENT. AS the gentleman willl be adopted. voted in the affirmative, he cannot move a Mir. CARTER. Mr. President: I desire re-c onsideration. to correct the gentleman who preceded Mr. BROOMALL. I move, then, to re-mne (MIr. Buckalew) upon a question of consider the vote taken on the amendilact. As I am a member of the Conmit- ment. tee on Elections I know that we discussed The question being taken, the motion to this question very fully. The gentleman re-consider was not agreed to, there being seems to think that our chief motive for on a division, ayes, forty-seven; nays, fifthe establishment of a uniform day was ty-three. to gratify a sort of sentimental feeling for Mr. DARLINGTON. I move to strike out syvmmetry. I did not so understand it, the words "first Tuesday in November," adln I do not think that any feeling of this and insert " second Tuesday in October." kind entered at all into the determination On this motion, the yeas and nays were of this question by the majority of the required by Mr. Hopkins and Mr. Darcommnittee, but the fact that there are lington, and were as follow, viz: thirteen States that hold elections on that dlay, and the growing disposition on the YE A S. part of the States of Illinois, Maryland, Messrs. Addicks, Darlington, Kaine, NewYorkandothersthathaveremodelled MsacVeagh, Patterson, D. WV., Purman, their Constitutions, to make the clay uni- Runk, Wetherill, John Price and Melebform, indicated to the majority of the dith, President-9. committee the propriety of selecting the day we have reported. I think the prominent idea before the committee in its de- Messrs. Achenbach, Ainey, Alricks, liberations was to secure immunity as far Andrews, Baer, Baily, (Perry,) Baker, as possible from the growing evil of coloni- Bannan, Barclay Bardsley, Bartholomew, zation. The gentleman will remember Beebe, Black, Charles A., Black, J. S., that colonization or the importation of Bowman, Boyd, Brodhead, Broomall, voters from other States takes place in Buckalew, Campbell, Carter, Cassidy, October as well as it does in November, Church, Clark, Cochran, Collins, Corbett, and so long as other States hold their elec- Corson, Craig, Cronmiller, Curry, Cuyler, tions in November, they will be able to Dallas, Davis, De France, Dodd, Dunspare voters to send into this State in Oc- ning, Edwards, Elliott, Ellis, Ewing, tober, when important and lucrative posi- Fell, Fulton, Funck, Gibson, Gilpin, tions axe to be filled by an election. Guthrie, Hanna, Harvey, Hay, Hazzard, CONSTITUTIONAL CONVENTION. 267 Hemphill, Hopkins, Horton, Howard, the vote was doubtful, called for a diviHIunsicker, Knight, Lamberton, Landis, sion, which.resulted fifty-five in the affirLawrence, Lear, Lilly, Littleton, Long, mative and thirty-six in the negative. M'Allister, M'Camant, M'Clean, MacCon- So the amendment was agreed to. nell, M'Culloch, M'Murray, Mann, Man- Mr. BROOIMALL. Mr. President: I offer tor, ]Metzger, Minor, Mott, Newlin, Niles, the following amendment: To strike out Palmer, G. r., Palmer, H. W., Parsons, all after the word "held," Iandinsert: "At Patterson, T. H. B., Patton, Pughe, Pur- such times as the Legislature shall fix: viance, Samuel A., Read, John R., Reed, Provided, That the time fixed for each Andrew, Reynolds, James, L., Reynolds, county and city shall be the same throughS. H., Rooke, Ross, Russell, Simpson, out such county or city." Smith, Henry WV., Smith, W. H., Stanton, The PRESIDENT. This amendment is Struthers, Temple, Turrell, Van Reed, not in order. The word "Friday" had Wralker, Wetherill, J. M., Wherry, been stricken out and "Tuesday" inserWhite, David N., White, J. WT. F., ted by a vote of the House immediatel y WYoodward, Worrell and Wright-107. preceding. The amendment of the genSo the amendment was not agreed to. tiemen from Chester, (Mr. Broomlall,) to ABSENT AND NOT VOTING. - Messrs. strike out, includes the words which vero,, Armstrong, Bailey, (Huntingdon,) Bid- thus inserted by vote of the House. die, Brown, Carey, Curtin, Dimmick, Mr. SIMPSON. Mr. President: I oflhr. Finney, Gowen, Hall, Ifeverin, Porter, the following amendment: Purviance, John N., Sharpe, Smith, H. "Provided, That cities may, when auG., Stewart and White, Harry-17. thorized by law, change the time for Mr. STRUTHERS. Mr. President: It' seems holding the election for municipal offito me that the use of the words "general cers by a vote of the people at the next elections " is not as sufficiently definite as general election." it ought to be. I believe that we have Mr. SI-PrsoN. Mr. President: I have nothing in the old Constitution, and we offered this amendment, with the conviemay have nothing in the new, which will tion that it will assist to prevent frard designate exactly what is to be understood and corruption at elections. In the rural by that term. In the existing Constitu- districts, where the offices are not very tion it is provided that the members of numerous nor lucrative, there is not much. the General Assembly are to be elected incentive to bring in an element from a di,an a certain day, and that the Governor tance for the purpose of endeavoring to ca rand other State officers are to be elected ry elections. But in the cities, where the on a certain day. It therefore appears to offices are more numerous, where the pomne that it would be best to amend this sitions are lucrative, where the power is proposed, amendment by wording it in considerable, there is an incentive to insome similar way which would carry with troduce fraud into an election. The city it its own meaning. I therefore move to of Philadelphia, as a sample, used to have ame-nd, by striking out the words " gen- its municipal elections in May, but fore eral elections," and inserting "the elec- the past eleven or twelve years they have tion for Governor and other State officers, been held upon the day of the general and members of the General Assembly." election, and I am convinced in my own The amendment was rejected. The mind that three-fourths of the people of question recurring on the first section, it Philadelphia would prefer that their eleewas agreed to. tions should be upon one: day, both for The second section was read, as follows: their municipal and their general officers. "All elections for city, ward, borough If they do not want it, if the power is and township officers for regular terms of given to them to vote it down if they deservice shall be held on the third Friday sire so to do, it will stand in the shape it of February." will be without the proviso; but if they Mr. STANTON. Mr.-President: Irmove desire it, if a majority of the people of to amend, as follows: Strike out the Philadelphia, or a majority of the people words "third Friday of February," an(d of other cities, desire to have a different insert " third Tuesday of February," and time, why should they not have it? U:I do so simply because the third Friday der what necessity, and by what right, is, with some religious denominations, ob- should they be included in a provision served as a day of worship. against their will, foreign to their consent, On the question of agreeing to this to their detriment, and at their great examendment, the President stating that pense? As I stated upon this floor vester 258 DEBATES OF THEI-I day, it costs the city of Philadelphia ter, which they asled the LegislatLre to about thirty-six thousand dollars to hold adopt. The Legislature did so at their a general election. Now suppose, as a request. The election day was fixed at measure of economy, the city does not de- - the request of the city, I presumne. Now sire to pay that amount. If you adopt whliy should not this be allowed to rethe section without the proviso they will main so until t;he citizens of this city, in be forced, if the Constitution is ratified some way, authoritatively express their by the people, to hold their elections in intention tohave it changed. Ifitismore February, no matter if all of them desire convenient to the city of Philadelphia to to have them in May or Decemiber, or any hold their municipal elections on the other time-sayat the time of the general same day that the general election is heldcl, electioni-it cannot be accomplished. why should they not be allowed to do so. The citizens of Philadelphia are largely If there are friauds perpetrated at elecinterested in this, especially the business tions you will have but one set of frauds men, because the election will come at the instead of two; and all the arguments very height of their business. Any one which have been advanced here in favor familiar with the business habits of Phila- of changing our election day from Octodelphia is aware of that fact, and if you -ber to November apply with full force fix the time proposed in February, or to the case of the,ity of Philadelphia. Mlarch, or April, you virtually say to the W'hy impose upon her the expense, inbusiness men, you nmust surrender your convenience -and double fraud of two elecbusiness, you lnust give up all idea of at- tions, when one will answer-if they Inust tending to your customers from abroad be fraudulent-and everybody seemns to for one day at least, and attend to the understand that botll parties in Philabusiness of the State. The business men delphia are ^'as corrupt as they well can of this city cannot do that. Their custo- be.? I a m, of course, loatheto believeitin meres ill not wait. If they cannot be at- referenlce to the party to which I am attended to they will go to ew'Srork or tachel, but it seeihs to )be generally unBaltimore. derstood. The chief j ustice of the Supreme To fiix such a clay woullc seriously im- Court savs it is so. If it is so, why then I palir the business'of Philaclecphia. I trust say, for any consideration which we can t1he Convention will adopt this amend — inagille impose lpon this great corlntuntiment, so that the citizens of oui' large ty an election w-lhich the do not want, at a cities may, by a vote of their own teopie, timle when it is inconvenient to them anCi ~ arhen authorized by law, fix a:1othelr lay destructia e to their business men? H-Iow if they deem it expedient. wxill it affect the rest of the State if she is'Mr. DAzRLINTGTON. M'. Pr. Ple-sident: I allowed to have ler elections he] own. cannot, for the life of me, understand whya- w'iay? How are o-ur rights affected? i this Convention ashould desire to impose caninoit conceive.'o reason lhas beel. an election upon the city of Philadelphia omffered icr it. at a time when its citize:is co not desir e Then upon whalt pmrinciple is it that tlhi, it. Why should we, for any cqnsdera- Cooni-ellntion, in adopting the fundaclmental tion that has'been named, even for st- la' fl' the State, -upon what pr inciple is metry, impose upon the city of Phila- it Lthat we shotuld impose, eitherupon tie delphia, or the city of Pittsburig, or01 pon city of Philacdelplia, the city of Pittsburga any municipality, the necessity of h1ol0(- Allegheny, Scran1ton or any other city of ing their municipal elections at a time the StL- the restriction that they shall when it is inconvenient to them., NTIhat do not elect their mnuniecipal oflfcers upon the we gain byit? What do the people of the daci v aichl suits tlel best.,Stato gain by it. iVhat great good is to A.s I said yestrdacliy, we iave a CoImitbe, attained by it? If there is 1no great toe on Cities andc (it Charters. I al pergood to be attained, and if the city ofi f etlSa colAtent to trust the respectable'en1,-. Philadelphia has not expresseci itself in tilelln TnovLn l ios ato; the head of that con-niltfavor of it, why should the mlembers Of tee, asv-elasall its ilnebers, to devise andcl the Convention from the other parts of' submit to us wahat is best for this city and the State insist upon imposing it upon lfo tlle other cities of the State, and I alil them:lt. then ready, as I said yesterday, with lmy The city of Philadelphia became in- vote and influence, so fir as it is worth corporated as a consolidated city. If I anything, to extend to those cities an-y Understandc its history their best men, of reasonable demands as to what shall be all parties, acting together, framed a char- the provisions of their charters. Nay, I CONSTITUTIONAL CONVENTION. 259 will go with them to restrain the Legisla- have to elect but one State officer every ture from interfering with their city char- other year; at the outside we should only ters and their city elections, except upon have four to elect independently of the d:emand of the proper authorities, author- members of the Legislature, and it might itatively expressed. I will go as far as he so happen that the city of Philadelphia who goes farthest to restrain the Legisla- would be called upon in the fall of the ture, and I trust the majority of this Con- year to elect one officer. Our municipal vention will go with me; but let us not officers must be elected in the spring. It set an example ourselves in doing what will cost the tax-payers of the city of we Wish to prohibit the Legislature from Philadelphia sixty thousand dollars to doing. Let us keep our hands off them, elect that one man. My colleague, (Mr. and let themalone until they ask, in some Bardsley,) the chairman of the finance authoritative way, that we should make committee of the common councils, is enthis change for themn gaged in making a calculation which will Mr. D)A.LLAS. Mr. President: I would show the cost to be at least that amount. not have said a single word upon this I need not allude to the double elections question but for the remarks which have in the spring and fall, and their effect on falleln fro the gextleman from Chester fraud a.d corruption. That has been (lr. Darlington.) lie asks, "why should sufficiently commented upon, but as a, the Convention force u pon the city of practical business question for us, as Philadelphia an election which the peo- practicl nmen to consid.er, I put it to this Mle of the clty do not desire.I There mxla.y Convention, if we do what the people exhbe a diffcerence of opinrion in this matter, pect us to d.o, will it be worth while for us nlnd I- -hawse 1n doubt there is, for it has to go to the expense in large cities of been dev-eloped on this floor amongst the haviing a fall and spring election. wrlhen gentlemen who represent this city, but I, the fall election will. do for the selection for one, havtwe no dou-bt, sir, that the mass of ofticers so few in number? of the peicple of Philadelphia bein, not Mr. H. W. PAL.xER. Mr. President: I such as hLas been intimated-not a class of shall vote against the amendmlent ofifered people devoted to frlud, but desirous and by the gentleman from Philadelphia, (Mr. anxious to have!pure elections-look to a Simpson,) because I would vote against spring election for their municipal officers the section, and I desire to assist the, 1s a grand wiove in that direction, acnd I members fromi Philadelphia, who are opbelievec sir, that they hope for that pro- posed to it, i defeating' its adoption. I tectioc aogainst the amen from vIhoin fraud have heard no reason proposed in this comes —from the politicians if you please; Convention that is sufficient, ina my j udg-'and they' look to this ConmTeixtion to pro- ment, for this clhanage? \tfhy on ear'(h tect tler;~m and they do not ask us to re- should wve cdhange? WhiY should not the init the question to thein. anid, under the people of these townships hold their oibr of submitting it to the people, to spring elections when they please to hoid really' hand it over to thie contrlol of the theli'?'Who ever heard of stuffing a balpoliticia'ns This Convention cannot so'lot-box or colonizationl at a spring deleescape its responsibilities. tion? The idea seems to me to be perMr. JSHN PRICE VWETRHERILL.'Mr. fectly aibsurd, and it is very certain that President: I have no doubt that my col- this matter of holding spring elections is league (Mr. Dallas) is as well posted and, one which the farmers and others in the perhlaps, better than I am with regard to rural districts will perfectly well undervcllha[t the wishes of the people of Phila- stand, and o0,ne in,wlhich they will express dlii phia are in this regardl; but I still hold some interest; andc while they mnay not to the opilion that if this Convention, will have any understancting, or have anyr do what the people of Philadelphia and thought or cari about special legislation, the people of the State expect it to do, or about any other matters which may they will come to the conclusion that one come before this Convention, they will election will be sufficient. Suppose, for perfectly well understand if we underinstance, that this Convention should de- take to interfere with. their local elections. ide that the memnbers of the Legislature It is very well known that the local cusshall be elected not every year but once toms and habits of the people are fixed. in two years, and suppose this Conven- They do not desire that they should be tflon should decide that the city of Phila- interfered with, and therefore it seems to delphia should have in one year two elec- me this whole amendment should be lions-we might in the fall of the year voted down. 260 DEBATES OF THE We expect some time to submit the delphia sentiment, which is in favor of two Constitution we are now making to the elections annually. people of the State for their ratification, The course of the argument yesterday and it is not expected of us that we shall invited my attention to an examination almend every line and every sentence in of some of the financial statistics of the it, but we hope to be able to submit an city of Philadelphia, a few of the items of instrument that will be consistent and which I desire to present for the considerauniform in all its parts, and one which tion of the Convention. In 1860 the city tax the people will ratify. If there is any- assessed upon the 2-eal estate within the thing like a close vote, some such unim- city of Philadelphia amounted to $2,677,portant and inexpedient proposition as 504 13, and in 1872 the same tax amounted this might defeat the whole Constitution. to $10,048,317 26. These figures do not The gentleman from Philadelphia (Mr. represent the entire expenditures of the Simpson) intimated that the time fixed municipal government, because taxation in this section will not suit them at all. of personal property and the receipts of the Coming from the northern part of the various departments-of water, highways, State of Pennsylvania, and representing gas and others-contribute largely to the the wishes of my constituents, I can say revenues of the city. I find upon examithat this time will not suit themn at all. nation, that from 1860 to 1872 the councils Then why not let it alone. of this city have expended, on account of I desire to assist the gentlemen from the municipality, over $100,000,000. Philadelphia in defeating the whole sub- On the first day of January, 1860, the j ect, and I shall vote against the resolu- funded debt of this municipality was tion; but if they get themselves fixed as $21,010,486 56, and on the first day of Januthey desire to be, they may then, perhaps, ary, 1872, the funded debt of the city was leave the gentlemen from the rural dis- $47,075,330 45, an increase in thirteen years tricts out in the cold. of $26,064,843 89. This increase includes Mr. CAM{PBELL. lMIr. President: I do an expenditure of $11,650,000 00 for war not desire to repeat to-day the arguments purposes, which amount being deducted I offered yesterday in favor of having a would make the actual increase of our spring election; but the very thing that funded indebtedness in thirteen years, the gentleman from Luzerne (Mfr. Pal- exclusive of war disbursements, $14,414,iner) has mentioned, in reference to the 843 89. The municipal government has absence of fraud in the spring elections, is expended in the last thirteen years over a very excellent argument, in my mind, one hundred millions of dollars, and yet for having a spring election throughout the funded indebtedness alone has been the State, not only in the rural districts, increased improperly to an amount bebut elsewhere. That gentleman says, tween fourteen and fifteen millions of "who ever heard of fraud in a spring dollars. A large percentage of the reveelection?" For the very purpose of hav- nues of this city is appropriated to the ing an election clear of fraud in the city private use, through corrupt contracts and of Philadelphia, from which I come, I otherwise, of the parties exercising the wish to have a spring election there. taxing power. If we can release the elecI hope the amendment of my colleague tions of this city from the partisan issues from Philadelphia (Mr. Simpson) will be involved in national and general elecvoted down, because I think that the peo- tions, it will be an important reforml for ple of Philadelphia really do want a this city. The party managers, interested spring election. The politicians of Phila- in jobbery and peculation, have recogdelphia, almost to a man, are in favor of nized the difficulty of separating mlunicicontinuing the practice of holding the elec- pal issues from national and State issues, tion in the fall, mainly, no doubt, with -when the election of all officers occur the view of preventing the fair election upon one day, and to increase the diffiwhich could be had in the spring. I do culty, have had it enacted that at elechope that this Convention will give us in tions in the city of Philadelphia the Philadelphia a spring election, so that we names of all offices, national, State and can have our election for municipal offi- municipal, to be voted for at any election, cers without the interference of political shall be printed upon one ticket, in order organizations or the influence of national that the voters of this municipality shall or State politics. not have a fair opportunity of discriminaNMr. WORRELL. Mr. President: I desire ting between those who are candidates to say a few words representing the Phila- for municipal positions, involving only CONSTITUTIONAL CONVENTION. 261 the personal integrity of the candidates, according to their own judgment and conand those who are candidates for national venience, the time for holding their local and State officers, involving important election. governmental considerations. To farther The PRESIDENT. The Chair understands embarrass the voter, it has been provided the gentleman to move to postpone the that every ticket voted in the three hun- section as read. dired and sixty election districts within Mr. HAY. Yes, sir; that is my motion. this city, must have the ward and division The question being upon the postponewithin which it is voted printed on the ment, a division was, called for, and reoutside. suited: In the affirmative forty-two; inl This has been done in order to prevent the negative fifty-six. So the motion was tMhe voter from making an independent not agreed to. and proper selection of municipal officers. Mr. NEWLIN. I move that we do now If we provide for a spring election of adjourn. city officials, the question on that election The question being upon the motion to day will then be: " Is the candidate adjourn, it was rejected. Ilonest, andis he capable?" Wewillthen Mr. HuNSIcIER. If in order, I ask for be remitted to the tests of the time of po- a suspension of the rules, in order to move litical integrity, and officers will be select- that the session of the Convention be coned for their purity and honesty. tinued one hour beyond the usual hour I therefore trust that the amendment of adjournment, namely: Until three will be voted down, and that the citizens o'clock. [Cries of "No!" "No!"] of this municipality may have a chance Mr. HUNSIClCER. I withdraw the reto see this great reform inaugurated. quest. Mr. HAY. Mr. President: From the re- The question being upon the amendmnarks of the gentlemen who have, on ment of the gentleman from Philadeleither side, spoken on this question, it phia, (Mr. Simpson,) it was, by request would appear as though we had mainly of Mir. Broomall, again read for informagathered here to legislate for one city in tion, as follows: this Commonwealth. I do not under- "Provided, That cities may, when anustand that that is the sole object of this thorized by law, change the time for hold Convention, and I am in favor of giving ing the election of municipal officers byto all localities in the State the same rights a vote of the people at the next general claimed for the city of Philadelphia. I election." see no good reason why that city should Mr. BROOM.ALL. I move to amend the be singled out for separate action. If the amendment, by striking out all after the citizens of Philadelphia should have the word "provided," and inserting the folr ght to determine when the local election lowing: should be held-and I think they ought "That the Legislature may by law fix to have that right-it seems to/me every any other day for any county or city, the'locality in the State ought to have the same being uniform throughout such same privilege. I am therefore opposed county or city." to the amendment offered by the gen- That is, as I understand it, in order, and tlenan from Philadelphia,(Mr. Simpson,) it conveys the same idea with the other which gives to the cities alone the right which I offered, and which I still prefer to determine this question. I am in favor on account of its language, but which the of investing the counties also with that Chair ruled out of order. Asthis conveys right. the same idea, I desire to have the sense of I would much prefer thatthe considera- the Convention on the motion whether or,tlon of this question should be postponed not we can get any uniform day throughoutit until the reports of the Committees on the entire community. From the discus('Cities and City Charters,and on Townships, sion this morning it seems to me we canC'ounties and Boroughs, shall be presented not. Philadelphia is trying to fix a day to the Convention, in order that we may for herself-isolating herself from the rest see what action will be proper under the of the State. The conviction is that when circumstances. we shall have fixed Philadelphia we shall I will make that motion, in order that a lose the aid of the Philadelphia delegates vote may be had upon the proposition as in the effort to set the rest of the State mentioned by me; that is, that the peo- right in the same particular. ple of the different localities should have I hold that there is no reason in the the right to determine for themselves, world why each county, as well as each DEBATES OF THE city, should not have the privilege of hav- they may express in an application to the ing a spring election upon some day to Legislature. suit its people. There are various condi- Mr. TEMPLE. I move that the Conventions, even of elimate, in this State. There tion do now adjourn. are a great variety of employments, all of The question being upon the Inotion to which have to be suited, and if there be rn it uniformity established throughout a single N county or city, that is all the uniformity Mr. NEWLIN. I move to postpone tle that we can ask and all that is necesskary. further consideration of the suhject, I hope the Convention, therefore, willNT. That motion is out of adopt this amendment, and give all of usorder. a chance to have our spring elections in The hour of two o'clook having arrived, our own county on whatever day the ma- the Convention stands adjourned till tojority of our people may desire, and which morrow at twelve noon. CONSTITUTIONAL CONVENTION. 263. NINETEENTH DAY. FRIDAY, Januacry 17, 1873. Church of God, in Eastern Pennsylvania, The Convelntion Inet at twelve o'clock, to insert an article in the new ConstituMI. Rev. Jas,. V.r C'urry offered praver, as tion giving this right, in all its fullness, follows: to the Legislature. TWe desire to be grateful to Thee, this D. A. L. LAYVERTY, morning, Allnighty Father, for the pre- Speaker. servation of our health and lives during THE PARDONING POWER. the night w-hich is past, and for the privileges and mercies of the day on The PRESIDENT submitted to the Conlwhich we have entered. Here we are in vention the following memorial, which Thy presence for the purpose of perform- was ordered to lie on the table: ing public duties. Help us, Oh Lord, to PIHILADELPHIA~ Decemrber 19, 18721. do our duty in the fear of God. Give us wisdom in our ignorance. Help us to T/o the Convention elected to propose amendgrasp the great questions that mnay be ments to the Constitution of Pennsylva. brought before us from day to day, so nia: that we mlay be able to do that which is The menmorial of the Philadelphia soright in the sight of Heaven. Command ciety for alleviating the miseries of public Thy blessing to rest upon the aged mere- prisons respectfully showeth: bets of this Convention. GivF~e them ers of this Convention. Give them That the attention of the society has strenllth of body and of mind, so that they, 11''been called Lo the subject of the pardonespecially, may be able to perform their duing power, as esercised in Pennsvlvania, ties with ain eye single to the interest of then Pe n n and that the conclusion to which the sopeople of this Conmmonmwealth. Bless us ciety has arrived is that being vested illn this day, and save us all, through Jesus Cheit Jora orugthe Executive alone it is vested in the Chrilst. Journal of yeste-rdawas ead andworst possible manner, the responsibility yesterday was read and tllrown upon the Executive being burdensmroee to hirll, and frequently exposing him T1hE SxLE OF LIQUIOR. to unjust suspicion, and that secrecy of The PR sritte to the n- the lmotives for granting pardons is b)ad vention the foillowingo, which was ordered for the conlunity and injurious to the public m-norals. to lie on the table: p The following preamble and resolution That having reached this point the socinwere adopted and ordered to be placed in ety undertook to ascertain upon what sysyour hands by the East Pennsylvania temns the pardoning power was exercised Eldership of the Church of God, at its in several of our sister States, and that, late nmeeting, held at IMechanicsburg, having received this information, they Cumlberland county, Pa., November 6, prefer the system practiced in New Jel1872: sey to those in use in the other States froml WVIIEREAS, There -seems to be some whlich they have heard. This State vests doubt with regard to the final decision of the pardoning power in a board, composed the j udiciary of Pennsylvania with refer- of the Governor, the Chancellor and thle ence to the power of the Legislature to judges of the Supreme Court, a board pass a law affecting the sale of liquor, we which affects no secrecy as to its transacsubmit the same for approval to the vote tions, but keeps minutes of its proceedof the people affected by it; therefore, ings. Resolvecd, That the Constitutional Con- The society would therefore recommend vention of Pennsylvania, which is about to the Convention to follow this pattern as assembling, be and the same is hereby closely as may be by constituting the Govpetitioned ~by the East Pennsylvania El- ernor of the State and the judges of the dership, representing the members of the Supreme Court a board, to whom and to 264 DEBATES OF THE whom alone the pardoning power shall be The House will be open to the mlem bers entrusted. By order of the society. at any time it may suit them to call. I JAMIES BARCLAY, may add that from ten o'clock A. M. unPresident. til two o'clock P. M. the visitors have a Attest: JNo. J. LYTLE, better opportunity of seeing an instituSecretary. tion. P-UBLICATION OF PRIVATE BEQUESTS. Be pleased to communicate this invita-'The PRESIDENT submitted the follow — tion to the members of the Convention. ilag communication, which was ordered JLAMlES JT. BARCLAY, to lie on the table: President of IHouse Refauge. No. 123 CHE-STNUT STREET, M r. DARLINGTON. I move that the PHILADELPHIA, Januaqry 16, 1573". ithanks of the Cornvention be tendered for To the President and Members of the Con- the invitation. stitutional Convention: The motion was agreed to. GCENTLEMIEN:-I ask your attention, if PROHIBITION. within your province, to have a law passed prohibiting the publication of the private MIr. LANDIS offered a petition from cerbequests and private terms of any one's tain citizens of Bedford county, praying will except by parties interested in the for the passage of a law prohibiting the will. In this day'sPhiladelphia Inquirer sale and manufacture of spirituous liquors, tie private bequests in the wills of the which was read and referred to the Cornlate John A. Brown and Washington mittee on Legislation. Butcher are published. It is a great in- STATE INPECTORS OF ERCANDISE. STATE INSPECTORS OF AfEReL1rANDISE. valsion of private rights. J. FISHER LEAMING. Mr. J. PRICE WETIHERILL. Mr. President: I have been requested by the clerk THE DEAF AND DUlMB3 ASYLU.I M. of the Merchants' Exchange association The PRESIDENT submitted the follow- in Philadelphia to present to this body a in- invitation: meminorial with regard to the abolition of PHILADELPHIA, Jan. 16, 1873. all State inspectiolns of merchandise. -oon. WMA. Ml. MEREDITH, The memorial was read and referred to> President of Constitutional Convention: the Committee on Legislation. SIR:-I am instructed by the board of (irectors of the Pennsylvania Institution WOMAN SUFFRAGE. for the deaf and dumb to invite the mem- Mr. DARLINGTON presented a petition, Ibers of the Convention to visit, during signed by one hundred and ninety cititheir sojourn in the city, tihe institution at zens of Chester county, praying for alln such time as may be convenient to them. amendment to the Constitution granting On the afternoon of Thursday, at half- to women the right of sutfraaOe, which was past three o'clock, there is an examina- read and referred to the Committee upon tion of some of the pupils. Election, Suffrage and Representation. JtAMES J. BARCLAY, Mr. J. PRICE ESTHERITL presented Secretary. five several petitions upon the same subMlr. LA~MBERTONU. iMr. President: J move thatNte iniato besacepted Bti ject, which were referred, without readmove that the invitation be accepted, wr-itl ing, to the same committeethe thanks of the Convention. The motion was agreed to. FREE AND EQUAL ELECTIONS. THE HOUSE OF REFUGE. Mr. HOPKINS offered the following mesoThe PRESIDENT submitted the follow- lution, which was read and referred to ing invitation: the Committee on Declaration of Rights. PHILADELPHIA, Jan. 16. 1873. Resolved, That the Commnittee on DeclaHon. WM. M. MEREDITH, ration of Rights be directed to inquire President of Constitutional Convention: into the expediency of so amending the SIR:-I amn charged by the board of fifth section of the ninth article of the managers of the House of Refuge to state Constitution as to read:" That elections to the members of the Convention that if shall be free and equal, and electors shall during their sojourn in the city they not be controlled or intimidated on elecwould visit the House, the managers will tion day by the presence of the nlilitary, be much gratified. either State or national." CONSTITUTIONAL CONVENTION. 265 LEAVE OF ABSENCE. the daily Debates, I was very anxious to Mr. LAwRENCE asked and obtained have one copy sent to the city of Pittsleave of absence for Mr. Struthers for two burg, where those who are interested in days. the proceedings of the Convention can Mr. HOPKINS asked and obtained leave see what is being done. of absence for two days for Mr. Kaine. Having the honor of occupying a responsible position in that library,I thought CHLICAcGO LIBRARY. my request would be sufficient, without Mlr. HAY offered the following resolu- a formal comnmunication from the library tion, which was twice read: company. I hope the members will _Resolved, That the Chief Clerk be di- allow this one copy to be sent to the city rected to furnish to the Chicago public of Pittsburg, for the reason that I have library one copy of the daily Debates and mentioned, and as some of the members proceedings of the Convention. from Philadelphia seem to desire that a Mr. HAY. Mr. President: I have a copy should be furnished to the Mercantile communication from the Secretary of library of this city, I have no objection the public library of Chicago, requesting to that amendment. that this courtesy be extended by the Mr. LILLY. I move to refer the whole Convention, and I hope the resolution subject to the Committee on Printing. will be adopted. The motion was not agreed to. The resolution was agreed to. Mr. JOHN R. READ. Mr. President: I PITTSBURG PUIBLIC LIBRARY. move to add " The Franklin library and the law library of Philadelphia." M[r. HAY offered the following resolu- r. HUNSICKER. r. President: The iMr. HUNSICKE It. Mr. President: The tion, which was twice read: reason why I oppose the resolution offerRected to furnish te he Mercantile dli ed by the gentleman from Allegheny (Mr. reted to furnish to the Mercantile i- Hay) is, because, yesterday we had before lbrary and Mechanics' Institute of Pittsthis Convention, and passed a resolution, burg one copy of the daily Debates and proc~ngs oft ovnto.requiring the Chief Clerk to send a copy proceedings of the Convention. pMr. oc ANeedAing of the Convention, of our proceedings to each daily paper in Mr. HANN'A. 1 beg leave to amend, by the State, also one to each head of departadding the words, "and the Mercantile'addin the words, "anthMment, and to members of Legislature, and library of Philadelphia." libr AY. I accept the amendment as to distribute a certain number to each Mr HAY. I accept the amendment as menmber of the Convention. Now, it a modification. seens to me, if we vote a copy to one liThe PRESIDENT. The question is upon the PresoluIDEtion as modified. isup brary company in the State, we may be the resolution as modified. called to vote one to each library company NMr. LILLY. Mr. President: I do not in the State. If this resolution is adoptknow that the Clerk of the Convention ed, I shall offer a resolution to send a has control of the copies of the debates. copy to the Norristown library company, As that subject is in the hands of the will be we shall have - and the consequence will be we shallhave Printing Committee, I think this matter more copies ordered to different libraries should go to them. I am in favor of an than will be printed. additional number of copies being given to each member, that they may distri-bute them. resolution, by adding, "the library of thle Mr HAY. Mr. President: I hope the borough of Washington." We have a resolution will be agreed to. I have not very fine public library there, one single received any communication fronm the individual having contributed ten thouMercantile library of Pittsburg, asking sand dollars for the purpose of purchasing that this copy be furnished to them, but I books for that library. thought it necessary. I wish to state to Mr. MbALLIsTER. I move to further the Convention that this is the only public amend, by adding,'the Agricultural coL reading room in the city of Pittsburg, legeofPennsylvani. where it would be proper to have a copy The PRESIDENT. That is not now in of the Debates of the Convention deposi- order. ted, and as there has been no provision The question being upon the amendmade by which the members of the Con- ment of Mr. Hopkins to the amendment vention can send out to gentlemen in the offered by Mr. J. R. Read, it was rejected. different parts of the State, who may be The PRESIDENT. Motions to amend interested in such matters, the copies of the amendment are now in order. 266 DEBATES OF THE Mr. MI'ALLISTER. I move to add, "the by inserting after the words "pubilc instiAgricultural college of Pennsylvania." tutions" the words'"if any." It is a State institution, and the only col- Mr. DALLAS. I accept that as a rnodilege in this State representing the indus- fication of my resolution. trial classes of Pennsylvania. The question being upon the resolution, The amendment of iMr. M'Allister to it was not agreed to. the amen ment of Mr. J. R. Read was rejected. ELECTORAL RIGHTS.'Ir. DALLAS. I move to strike out all Mr. WHIERRY offered the following resoafter the word "resolved," andinsert: lution, which was referred to the Coni"That the Printing Committee be reques- inittee on Suffrage, Elections and Repreted to inquire into and report what public sentation: libraries and institutions in the State Resolved, That the Committee on Suftshould be given copies of the Debates." frage, Elections and Representation be reThe PRESIDENT. The motion is not in quested to consider whether it consists order at this time. with the true theory of representative democracy that the vote of one elector: Mr. HEMIPHILL. I move to indefinitely may count in the election of imore than stpone the whole subject one delegate to the same Assembly. The question being upon the indefinite 1)ostponement, it was agreed to. IRREDEEMABLE GROUND RENTS..Mr. DALLAS. Mr. President: I now Mr. STANTON offered the following resomove my proposition as an original reso- lution, which was referred to the Conlution. It was held not to be gernane to mittee on the Judiciary: the subject just decided, so I suppose it is Resolved, That the Committee on tile proper as an original proposition. Judiciary be requested to take into eonThe resolution was read, as follows: sideration the propriety of making some Resolved, That the Printing Committee constitutional provision whereby the exbe requested to inquire into and report istinc series of obli(gations known as iirewhat public libraries and institutions in cleemable rouId rents may be extinthe State should be given copies of the guished, andl by which the future eriaDebates. tion of any such unlimited charges upon IMr. CocI-HRN. I wrish, Mr. President, real estate may be prevented. to call the attention of the Convention to thie question whether or not they are pre- TOUR Of METINc. pared to originate a course which may in- MIr. COLLINS offered the following resovolve a very considerable expense. The lution, which was read: Commnlittee on Printing has already report- Resolved, That the hour of meeting after ed, and this Convention has passed a MdIonday next shall be tell o'clock A. AM. resolution directing a copy to be sent to until otherwise ordered. all the newspapers published in the Coll- On the question, shall the Convention mnonwealth, to the members of the Legis- proceed to the second reading and considlature and to the Governor of the State, eration of the resolution? as well as to the heads of departllents. It was determined in the negative. The proposition now would be, in effect, to furnish this publication in sheets to all the libraries in the Commonwealth. Is it Mr. CORsoN offered the following resonecessary to incur this expense? The Con- lution, which was referred to the Comnvention has already resolved that thEy will mittee on the Declaration of Rights: have forty-five hundred copies of these De- Resolved, That the Committee on the bates bound. The idea was in the minds of Declaration of Rights be requested to insome, at least, of the memlbers that those quire into the propriety of so amending arbound copies were for the very purpose of tide nine, section seven, as that at the end supplying to these libraries. Shall we now thereof it shall continue as follows: "And incur this considerable expense of send- no conviction shall be allowed except ing these sheets to these libraries, where upon positive proof of personal malice on they will never be preserved? the part of the publisher' of the alleged I do not desire to make any argument libel." on the question, but merely to submit it And amend section nine, by striking to the Convention. out the word "vicinage," and inserting the iMr. MACCONNELL. I move to amend, words "county or city" in lieu thereof. CONSTITUTIONAL CONVENTION. ~67 And amend section fourteen, by adding first appointed shall draw lots for their to the end thereof these words: "And of term of service, in such manner that the which necessity due proclamation shall commission of one shall expire at the end bo made by the Governor." of every second year; the one having the HOUR OF MEETINQG.. shortest term shall be president judge. MIr. ALRICKS. I offer a resolution, that ADJOURNMENT TO WEDNESDAY. the hour of meeting, after Monday next, Mr. STANTON offered the following resoshall be ten o'clock A. M., until other- lution, which was read: wrise ordered. Resolved, That when this ConVention The question being, shall the Conven- adjourn it be to Wednesday next at twelve tion proceed to the second reading and o'clock MA. consideration of the resolution, it was not On the question, shall the Convention agreed to. proceed to the second reading and considFOREIGN CORPORATIONS. eration of the resolution? Mr. BRODHEAD offered the following It was determined in the negative. resolution, which was read and referred COPIES OF THE DEBATES.' to the Committee on Railroads and Ca- fir. GILPIN offered tle following resolution, which was read: ~Resolved, That there shall be no pro- w iesolved, Thait there shall be not pr.o- Resolved, That the number of copies of hibition against corporations not incorpo- the Debates of the Convention to be flrrated under the laws of this State, ac- ed eac member of te Con nished each member of the Convention quiring and holding real estate within be increased to three. tlhe Commonwealth. On the question, shall the Convention PROBATE COURT IN PHILADELPHIA. proceed to the second reading and considMr. NEWLIN offered the following pro- eration of the resolution, it was deterposition of amendment, which was read mined in the negative. and referred to the Committee on the Ju~~~~~diciarl~y: ~CIVIL CAUSES AT ISSUE. diciary: SECTION -. That the Governor, by and Mr. M1ACVEAGI offered the following with the advice and consent of the Senate, resolution, which was twice read and conslhall appoint, for a period of ten years, such sidered: number of persons, learned in the law, as Resolved, That the Chief Clerk be iuthe Legislature may direct, to be judges structed to address a letter to the proof the court of probate for the city and thonotary of each city and county in the county of Philadelphia; they shall have State, requesting them to furnish to the all the powers now pertaining to the or- Convention the number of civil causes at phans' court and registers' court, and such issue on their respective dockets, and a other powers as may be conferred upon copy of the last trial listintheir respective them by law; said court shall refer all courts, showingthe date whensaidtriallist matters pending therein, in the first in- was called, the date of the issuing of the stance, amongst the judges thereof in such original writ in each case thereon, and the mlanner as they may determine, and the number of cases actually tried. action of any judge shall be subject to re- Mr. MACVEAGII. Mr. President: I deview by the said court sittingin bane; but sire to say to the Convention that if any no reference shall be made to any master, other form of this resolution is desired it auditor or examiner; the Legislature shall will be equally acceptable to me. My obprovide by general law for appeals front ject in offering the resolution is simply said court to the Supreme Court; the to obtain information on this subject for judges of said court of probate shall ap- the use of the Committee on the Judlpoint for three years, and may at pleasure ciary, as well as for the Convention, so remove, such clerks and other officers as that we may ascertain the actual condition'may be allowed, and whose salaries shall of the judicial business in each district be fixed by law, and they shall receive no throughout the State; how long a suitor fees whatever; the judges of the said has to await the delay of the judiciary, court shall be paid the same salaries as and how sufficient or insufficient the ju-the judges of the court of common pleas dicial force of each district happens to be. of the city and county of Philadelphia, I trust that the Convention will agree and the same shall not be diminished to the resolution, in order that we may during their term of office; the judges obtain the desired information. 268 DEBATES OF THE Mfr. HARRY WHITE. VWill the gentle- Y EAS. mlan accept the following amendment: Messrs. Achenbach, Ainey, Armstrong,'iAnd that the Clerk report. such replios Baker, Bannan, Barclay, Bardsley, Barto tile Convention, arranging the counties tholomew, Biddle, Boyd, Brodhead, in alphabetical order." Broomall, Buckalew, Campbell, Clark, Mr. MACVEAG2Hr. Certainly. Cochran, Corson, Curry, Curtin, Dallas, The PRESIDENT. The resolution will Davis, Ellis, Fell, Funck, Gibson, Hanna, be so modified if there is no objection. Harvey, Hemphill, Hopkins, Horton, Mr. WORRELL. Mr. President: I offer Hunsicker, Kaine, Lamberton, Landis, the following amendment by way of ad- Lilly, Long, M'Allister, MacVeagh, Metzdition: ger, Palmer, H. W., Parsons, Patton, "And that the clerks of the courts of Pughe, Reynolds, S. H., Rooke, Ross, quarter sessions shall tcertify the number Runk, Russell, Simpson, Smith, Henry of returns made to each term within the W., Stanton, Van Reed, Wetherill, J. M., last two years, and the disposition made Wherry, Woodward and Worrell-56. of each return by the grand jury and the AY S. court. " Messrs. Addicks, Alricks, Andrews, Mr. MACVEAGH. I desire to ask the Baer, Bally, (Perry,) Beebe, Black, Chas. unlUanllnous consent of the Convention so Brown, Carey, Carter, A., Bowman, ]3rowvn, Carey, Carter, to modify the resolution as to include the Church Collins Corett Craig Cuyler three districts of the Supreme Court and, Dodd, Darlington, De France, Dimmick, Dodd, the distriEcIt courts. Dunning, Ewing, Gilpin, Guthrie, Haly, Thle PRESIDE~NT. lf no objection is Hazzard, Howard, Knight, Lawrence, made, the resolution will be so modified. Littleton, M'Clean, MacConnell, M'TMur-Mr. WVORRELL. Mr. President: I of- ray, Mann, Mantor, Minor, Mott, Newlin., fered my amendment for the reason that Niles, Palmer, G. W., Patterson, D. W., the manner in which the minor judiciary, Patterson, T. H. B., Purman, Purvianee, the grand juries and the aldermen and Samuel A., Read, Jno. R., Reed, Andrew, justices of the peace of this Common- Reynolds, James L., Smith, Wr. H., Temwealth have discharged their respective ple, Turrell, Walker, Wetherill, John duties, will be a very important subject Price, White, David N., White, Harry, to be considered by this Convention. I White, J. W. F., Wright and Meredith, think it is a very important matter that Presidentl-57. this Convention should be informed as to So the motion was rejected. the number of returns made by the alder- ABSENT AND NOT vOTING.-Messrs. Baimen of this Commonwealth, so that we ley, (Huntingdon,) Black, J. S., Cassidy, can ascertain the disposition that has been Cronmiller, Edwards, Elliott, Finney, made of them by the grand juries and the Fulton, Gowen, Hall, Heverin, Lear, courts, and judge whether they have been M'Camant, M'Culloch, Porter, Purvianee, of a frivolous character or not, and in John M., Sharpe, Smith, HI. G., Stewart order that the Convention may take such and Struthers-20. action as it may deem expedient to insure the peace and interest of our citizens. FORMS OF VOTING. Mr. DARLINGTON: I understand that Mr. BAER offered the following resoluthis information is desired by the Com- tion, which was referred to the Commitimittee on the Judiciary; and I move that tee on Suffrage, Election and Representathe whole subject be referred to that tion': committee. Resolved, That the Committee on SufThe motion was agreed to. frage, Election and Representation be requested to inquire into the expediency of so amending the Constitution as, in subMr. LTAMBERTON. I offer the following stance, to provide: resolution: "That all elections shall be by ballot., Resolved, That when this Convention except those by persons in their repreadjourn it be to meet on Monday at noon. sentative capacities, who shall vote viva On the question of proceeding to the voce. Each ballot shall have written or second reading of the resolution, the yeas printed upon it the name of the office to be and nays were required by Mr. Darling- filled, and the name or names of the canton and Mr. Mann, and were as follow, didate or candidates for such office for viz: whom the elector wishes to vote and CONSTI TUTIONAL CONVENTION. 269 nothing else. But no ballot shall have Biddle, Broonmall, Buckalew, Campbeil, upon it the name of more than one office, Carey, Clark, Corson, Curry, Curtin, Danor the names of candidates for more vis, Elliott, Ellis, Funck, Gibson, Guthrie, than one office." Ianna, Harvey, Hazzard, Hopkins, HunHOUR OF DAILY ADJOURNMENT. sicker, Lamberton, Landis, Lilly, Long, Mr. M'Camant, MacVeagh, Metzger, Newlin, iMr. MANN. Mr. President: I ofrr the Niles, Palmer, H. W., Parsons, Patton, following resolution: Purviance, Sanl'l A. Ross Runk, SimpResolved, That after Monday next, un- n son, Smith, Henry XV., Stanton, Temple, til otherwise ordered, the hour of ad-, R, Werry, Vail Reed, Wvetherill, J. M., WVherrl, journment shall be half-past two o'clock W H P. Mr. White, Harry and WVooclvdward-51. On the question of proceeding to the N A Y S. second reading of the resolution, a divi- essrs. Addicks, Alricks, Andres, Messrs. Addicks, Alricks, Andrewys, sion was called for, which resulted fortyone in the affirmative and fifty-two in Armstrong, Baer, Baily, (Perry,) Beebe, the negative; so the question was decided Black, Charles A., Bowman, Boyd, Brodinl the negative, head, Brown, Carter, Church, Cochran, Collins, Corbett, Craig, Cuyler, Dallas, PRINTING COMMITTEE REPORTS. Darlington, De France, Dimmick, Dodl, Mr. MACVEAG1H offered the following Dunning, Ewing, Fell, Gilpin, Hay, resolution, which was twice read and con- Hemphill, Horton, Kaine, Knight, La — sidered: rence,. M'Allister, M'Clean, MacConnell, Resolved, That one hundred additional MI'MIurray, Mann, Mantor, Minor, Mott, copies of the report of the Committee on Patterson, D. NV., Patterson, T. H. B,, the Legislature be printed, together with Pughe, Purman, Read, John R., Reed, the minority report from said committee. Andrew, Reynolds, James L., Reynolds, Mr. MACVEAGH. Mr. President: I de- S. H., Rooke, Russell, Smith, CT. H., Tursire to say a single word by way of expla- rell, Walker, Wetherill, Jno. Price, nation. The Convention ordered one White, David N., White, J. W. F., Worhundred and fifty copies of the report of rell, Wright and Meredith, President —6. the Committee on the Legislature, which, So it was determined in the negative. in its judgment, seemed sufficient. But I ABSENT AND NOT VOTING.-MeSSrS. am told that at least two hundred and Bailey, (Huntingdon,) Black, J. S., ('asfifty copies will be required for the meme- sidy, Cronmiller, Edwards, Finney, Ful hers of the press that are here, for the, ton, Gowen, Hall, Heverin, Howard, Lealpurpose of journalizing the report, in order Iittleton, n'Culloch, Palmer, G. WV., Porto give to each member of the Convention rviance, Jno. N., Sh ter, Purvlance, Jno. N., Sharpe, Smith, lL}F one copy, and to guard against the possin "- ^ ~' """~ "~G., Stewart and Struthers —21. bility of a loss of a copy by any member. That the minority report should be prin- JUDICIAL DISTRICTS. ted with the report of the majority will 1ir. D)UNNING offered the following be apparent to everybody. I trust thereresolution, which was read and re~ferred fore that the Convention will agree to the resolution. to the Committee on the Judiciary: The resolution was agreed to. Resolved, That the Constitution be so amended that any county having a popuADJOURNAIENT TO MONDAY-. lation of not less than one hundred thouMr. DUNNING offe red the sand, and a territory of not less that six R*esolution, which was readn: hundred square miles, may be divided 1Resolved, That when this Convention into two judicial districts, each containing' adjourn to-day it adjourn to meet on Mon- not less than forty thousand population, day next at eleven o'clock A. Al. and having a territory of not less than two On the question of proceeding to the hundred square miles. The Legislature second reading and consideration of the may, by commissioners or otherwise, resol ution, establish the location of the court hou.se The yeas and nays were required by and other offices required by such division, Mr Lilly and Mr. Mann, and were as fol- and provide for the election of register of low, viz: wills and recorder of deeds and mortgages YE A S. for each additional district, which offlices MAessrs. Achenbach, Ainey, Baker, Ban- shall be located where the courts a:re nan, Barclay, Bardsley, Bartholomew, held. 270 DEBATES OF THE ADJOUIJNMEN-T TO WEDNESDAY. Mr. AI'CONNELL asked leave of absence Mr. HiuNsIcxEn offered the following for Mr. T. H. B. Patterson for a few days, resolution, whiCh was read: which was granted. iResolved, That when this Convention ADJOURNMENT TO M3ONDAY. adjourns to day, it adjourns to meet next Mr. ELLIs offered the following resolaWednesday at eleven o'clock A. M. tion: Upon the question of proceeding to the Resolved, That when this Convention seceond reading and consideration of the adjourn, it adjourn to meet on Monday resolution, next, at one o'clock P. AI. The yeas and nays were required by On the question of proceeding to the Mr. Ewing and MIr. J. R. Read, and were second reading and consideration of the as follow, viz: resolution, the yeas and nays were called YEAS. for. Mr. ARaSTONG. Mr. President: BeMessrs. Addicks, lricks rm- fore proceeding with the call I ask the strong,, Baer, Baker, Bannan, Barclay, unanimnous consent of the Convention to Bardsley, Bartholomew, Black, Charles mnake a word of explanation. A., Boyd, Brodhead, Buckalew, Clark, Unanimous consent was granted. -Cochran, Corson, Curry, Curtin, Cuyler, Mr. ARMTSTRONG. It is very evident Davis, De France, Dimmick, Ellis, Funck, that the Convention is impatient on thiB Gibson, HIanna, Harvey, Hunsicker, question, and that we are wasting time in ]aine, Lalllberton, Lilly, Long, M'Ca- calling of the yeas and nays upon the mlant, M'Clean. Macreagh, M)etzgel, Mott, matter of adjournment. It is apparent Palller, G. AV., Palmer,!H. WV., Parsons, that thfere is a very large number in favor Rey-lnolds, Jamres L., Reynolds, S. H., of an adjournment. I have myself voted Rioss, Runk, Simlpson, Smlith, Htenry AV., ag'ainst an adjournment until MNonday for Stanton, ian Reed, WTetherill, J. IM., the reason that it did not seemi to answer Whitel Deavid N., 7hTllite, Harry, W0ood- the purpose of any of the nelmabers of the ward and Worrell-54. Convention. It will not afford those genN A Y. Stlemeii, who live at a distance, an opportunity to return to their ho:nes 1and come Messrs. AeChe1nbach, And1rews, Baily, back to the Convention at a time when (Perry,) Beebe, Biddle, Bowman, Brown, they can probably proceed to any availa-'Campbell, Care', Carter, Church, bCollins, Ile w ork. Corbett, Craig, Dallas, Darlington, Docldd, It is well known that on Tuesday next hkllio t, E~i-ing, Fell, Gilpin, Guthrie, t -he new Governor waill ble inanugurated, Iay, I-azzardcl, -Hopkins, Horton, Ho iward, and it strikes mle that it is a pioper occaKlnlight, Landis, Lawrence, I' Allister, sion for gentleimen of all political opinions.tCoiiune], I nM'Murraya, AMann, lantot, to pay their respects to the chief magis>iarincor, Niles, Patterson, ID. Vr., Patterson, trate of our State. There are soine -entleiJ: 7.. B, Patton, Pulnan, Purviance, menl here awho clesire to be present at the amnl i., Ilead, John R., Reed, Andrew, inanuguation, and I think it is fittinii that ioolke S lith, i V. I-[., Temlple, Turrell, this Covention should pay such a ia1rk Ti6alhker, NIetherill, Jno. Price, V herry, of respect to the Governor of the State. 7,5. hite, J. TV. F., VWright and MAeredith, I think, therefore, it w-ould be well if 1'i cczusein-io4. the House entertained the mootiol,, so So tlhe qclestion was deteiarmined in tiue that upon second reading the resolutioni ieatmtive. lav amnended. In that case I shall LBSdl"NT AND NOT VOTIENG. — lessrs. IoIove so to amend it that the Convention u-aiiea-, (nlltinugdon,) Black, J. S., adjourn to meet onL ATednesday, at twelve -'rooinall, Caossidy, Cronnliller, Dunning, AT. This will enable the gentoleonlel who EI um-ards, Finney-, Fulton, GoTenl Hall, live at a distance to go to their hiolnes, I-eLtinphill, IfIeveri, Lear, Littleton, M'- amith tine enough to enjoy a visit to their eiul1oeCh, tNex1inl, Porter, PuLghe, Pu-rvi- families; and ift'we come hereon TMTonday:nIie, Johnl N., Russell, Sfl'rpe, Smith, the chances are, largely, that we shall not I. (.-SL Steiart tlnd Struthers —24. ave a quorum, at least not such a quorumn as will proceed to business, and an LESZV'lIS OF ABSENCE. adjournment will probably thlen be moved MAlr. COCIIRAnA asked leave of absence until Wednesday. for himself for a few days, which was I deem it more appropriate that the granted. Convention do now resolve that when we CONSTITUTIONAL CONVENTION. 271 adjourn it will be to meet on Wednesday, journ very frequently-not having had at twelve o'clock. With that view I ask any facilities for getting to their homes. that the present resolution be passed to a It is well known that just at this time second reading, in order that an amend- we are delayed by reason of our printing, ment to that effect may be offered. and sliall be delayed for some days yet. The call for the yeas and nays was It is quite evident, also, from the large then withdrawn, and the resolution was number on leave of.absence, and from read the second time and considered. the private remarks of menibers, that it Mr. ARMISTRONG. I move to amend the is not probable that the Convention can resolution, by strikcing out'Iondav" anld be reasonably full at any time before inserting " Wednesday, at noon." Wednesday next. Mr. MAcVE-AGH. Would it be in order To the public it is a matter of little imto state that, if the amendment is agreed to, portance whether we sit or not for the two or three days involved in the present and the resolution as amended is adopted, discussion. If we were paid by the day I shall then move to make the report of it would be expected that we should sit the Committee on the Legislature the ontinuously, and bring our labors to a special order for Wednesday next, by close as soon as possible; but being paid which time the papers will all be ready close as soon as possible; but being paid d upon the desks of members? a gross sum, it makes, as I say, very little alnd upon the cdesks of members? difference, at any rate on the ground of The PRESIDE NT. The question is on expense. the amendment of the gentleman from e t of the enlel Besides, it seems to me,c apart from Ly)coming (M\Ir. Arlustreng.) all personal considerations, that it is but Mr. ALRICKs. I move to further amend, decent and proper, in ce-ference to our by striking out " twelve " and inserting fundamental law and the spirit of our' four" o'clock. institutions, that we should permit those Mr. IrAY. Ir. Presdclent: W'hile I call memlbers of the C(onvention who mav so see some appropriateness in the remarks desire to attend at tile inlauguration of of the distinguished gentlemllan upon myN the Governor. I ani therefore in favor of right (Mr. Armstrong) in the advocacy of such an acljournmnent as will effectuate all adjournlment until TWednesday, I do thiat purpose. not think theo reasons are stlrong7 elno-llgh IMr. M'W LLIST\ n. Mr. President: I hbe to warraltthis Con venltionintitacljourn- leave l to say a word or twv o on this subject.:ent. I see no reason allwhy thle deilbera- i 1eo hae all had sufficient opportunity, tions of this Conrvention cannot go on just thsll flr, of convincing ourselves that the as well whilen the Governor is belg in au- lollent the Convention adjourns 101 a (ulLated ais when'. any other circ ustanlce lon1 0er time than oene clay the work of t h'. i; transpirin' il somle other part of the Co'lven11tion ends as -well in thle commitState, and I dlo lot soe that iG is'ay se- tees as in this hail. If the collllmmittees eial adv-lantag'e to have llemblelrs thlere gaz- could be retlained and kept at worlk w hile Ia oIn tlhat spectacle 1rathl er 110n here at;e 0 10 Convenl1tion stinand acljouned theie tencnolin' tO the bus/1'ess 01 this Con1Xen- woul0 d e 110no great objection, but I do p1orOilc. test ao;a.inst these fiequlent adjoularnments. I call attelltion to the fact that thoe last Thle stop the work ofi the Convention. Constitutional Convelntion of this StIat e have co0 ue here to mlake a ConstituIlecl sessiol evenl o0n the Fourth of July, troi. TL!.e gentlenalln fi1om Colunbila nlid did no adcljournll over that prominent couinty (IMr. ucukalewv) says that we ar-, Jay. T1i'at Co11venti on wored t also on nlot paidc b tile cday, and he assigns tbhis'i~s t 1nLs aL n d Xev Yea1's dayt ad if a, 1s a reason. -lly 11-e mIllay ha-ve frecquent ithey did tlhat I Callt see an- inpi lprloprietv adjourlnet. b-ut,. l esiident;, th in our w0-orki;ng in Plliladelphia allthroughl are icbleonlr lO here vho caslnlot colvenitilnt p)er1iod whiel:n th s1pet1acle o- the ilr- entrly go hlomne and be back at the real tratiL bl s ci dispTlayed at -Ilarris- qulired ti1le.'Iher are rvery llalany meiilr. et- ens wh hll Ive left home calculating to reAt'. Iic, 011rv.XN. In additio-n to what turnll inl Apil, upon1 the suppositioll tllat 11as 1been so well salid by thle genltloellan thle I(work of this Convention wvill be co1n0from1 Lyo1ming (AMr. Armstrong) I cldesire ploted early in April, and I fear they will to say a word on this point. In 1838 wve be compelled to remain here cduring the had no railroads. Hence I can very well summer to complete the wvork. understand how it was that the members I am firmly convinced that we will do of the Convention of that time did not ad- our work in the best manner by continu 272 DEBATES OF THE ing here from day to day, sitting at least homes. They have come here to attend five days in the week until the work is to the business of the Convention, and done, and it is the only way that this they are willing to devote the six days of work can be done quickly. the week to its performance. They are It has been said that we had no railroads well aware that there is six months' work in 1838 to convey the members of the Con- before them, even if it can be attended to vention to their homes. That is true; but in that time, and they are beginning to let rme say that railroads, instead of being fear, if these adjournments are so cona blessing to the country in hastening the stant, that there will be no limit to its work of the Legislature and the Conven- continuance. 1 call on the members of tion, have proved a curse in the facilities the Convention to have some considerathey afford in carrying members home to tion for almost half of their associates who attend to their own private business in- cannot return to their homes during these stead of leaving them remain to transact adjournments, and will be compelled to the duties entrusted to them. I hope remain in idleness in order that others that those members who can get home may be accommodated. WIe certainly and transact their private business for a deserve some consideration at the hands day or two, and then return here to per- of the Convention, for we are willing to form their Convention work, will take remain here and perform our part of its into consideration the situation of mem- work. It was said in Harrisburg that if 1hers who are not enabled to do this. I we adjourned to meet in this city the hope, Mr. President, for these reasons, members of the Convention from Philathat the public good will not be sacrificed delphia would have a better opportunity in protecting the private interests of our of attending to their own private business members. instead of the work of the Conventio-n, 1M;r. ALRICKS. I move to amend the and I now call upon them to show by amtendment, by striking out "twelve M," their votes that this assertion in relationa aind insert " four P. MI." to them was a wrong one, and that they _Mr. DODD. Mr. President: The ques- are here to attend to the duties of the tion before this Convention, disguise it as Convention as well as the rest of us. we may, is simply whether we shall defer Mr. ALRICKs. Mr. President: I -withthe work before us in order to enable draw my amendment to the amendment. members to visit their homes once every The question being taken on the amendweek, or remain here and faithfully at- ment of Mr. Armstrong, the yeas and tend to the work we have been delegated nays were required by Mr. Carter and MIr. to perform. Every Friday that the Con- Lilly, and were as follow, viz: vention has been in session we have witnessed precisely this same spectacle, and Y E A S. sometimes it has occurred for one reason.Messrs. Addicks. Ainey, Alricks, Arnmiand sometimes for another; but there is strong, Baer, Baker, Bannan, Barelay, not a member on this floor who does not Bardsley, Bartholomew, Biddle, Black, well understand that the real reason is Charles A., Boyd, Brodhead, Broomall, that the members of the Convention de- Brown, Buckalew, Campbell, Carey, Cassire to return to their homes over Satur- sidy, Clark, Corson, Curry, Curtin, Cuyday, and the consequence is that many of ler, Davis, Dimnick, Ellis, Fell, Funck, them do not return in time on Monday to Gibson, Gilpin, Hanna, Hemphill, Hunattend to their important duties here. sicker, Kaine, Knight, Lamberton, Lilly, Last Monday there was scarcely a quorum Long, M'Camant, 5M'Clean, M'NIMurray, present at the opening of the session, and MacVeagh, MIetzger, MXtinor, MIott, Parif the Convention adjourns until next sons, Pughe, Read, John R., Reynolds, WVednesday I feel assured that nothing James L., Reynolds, S. H., Ross, Russell, will be done during the entire week. If Simpson, Smith, HenryW., Stanton, Van we adjourn until Monday I doubt very Reed, WVetherill, J. M1., WAvhite, David N., much if there will be a quorum then, and iWhite, Harry, AWoodward and Worrellso the question resolves itself into an in- 64. quiry whether we shall faithfully attend to our duties during the six days of the week or seek to shirk them altogether. 5Messrs. Achenbach, Andrews, Bail:'y, Now, sir, the members who come from (Perry,) Beebe, Bowman, Carter, Chil uriit~l, the western part of the State do not want Cochran, Collins, Corbett, Craig, Dallas, to make these weekly visits to their Darlington, De France, Dodd, Dunniug, CONSTITUTIONAL CONVENTION. 273 Elliott, Ewing, Guthrie, Hay, Hazzard, ABSENT AND NOT VOTING. - Messrs. Hopkins, Horton, Howard, Landis, Law- Bailey, (Huntingdon,) Black, J. S., Cronrence, Littleton MI'Allister, M'Connell, miller, Edwards, Finney, Fulton, Gowen, Mann, Mantor, Newlin, Niles, Patterson, Harvey, Heverin, Lear, M'Culloch, PalD.W., Patterson, T. H. B.,Patton, Purman, mer, G. W., Palmer, H. W., Porter, PurPurviance, Samuel A., Reed, Andrew, viance, Jno. N., Runk, Sharpe, Simpson, Rooke, Smith, W. H., Temple, Turrell, Stewart and Struthers-20. Walker, Wetherill, John Price, Wherry, The hour of two having arrived, the WVhite, J. W. F., Wright and Meredith- President declared the Convention adPresident —49. j ourned till to-morrow at twelve o'clock NM. So the amendment was agreed to. 18 274 DEBATES OF THE TWENTIETH DAY. SATURDAY, January 18, 1873. acknowledge that Thou art infinite in The PRESIDENT took his seat at twelve wisdom and power. This morning may oP>'clockr. Mit please Thee to impart unto us that wisThe P-EsIDENT. There does not appear dom which Thou seest we need, to preto be a quorum present. pare us for the duties of life. WVe ask Mr. MANN. Mr. President: I move a Thy blessing to rest upon this Convention..all of the Convrention. Do Thou be with us through all coming time; and may the words of our mouths, ThePRESDEN TheChairisinrmed and the meditation of our hearts be ac-' by the Clerk that the State House clock, ceptable in Thy sight, 0, Lord, our strength 1by which no doubt many of the members are guided, is slower than the Convenotion clock, and he is under the impressionr JOURNAL. that more members will soon be here. The Journal of yesterday's proceedings.Mr. MANN. I move that a call of the was read and approved. Convention be now made. COMX[PULSORY EDUCATION. The PRESIDENT. The motion cannot be received. The meeting of the Coon- A communication was read from the Board of Public (Charities of thle Cornvention has not been announced. The monwealth of Pennsylvania, through its Clerk will call the roll of members, in or- its order to ascertain whether there is a quo- president, George L. Harrison, trans itting a paper on compulsory education in rum present. IE CLEits relation to crime and pauperism, r wi hich w-as referred to the Committee on call of the roll, which resulted as follos: ich as re to te Com tee PRESENT —Messrs. Achenbach, Addicks, Alricks, Andrews, Baer, Baily, (Perry,) ADJOURNMAENT. Baker, Barclay, Bartholomew, Beebe, Mr. HOPKINS offered the following Black, J. S., Bowman, Boyd, Buckalew, resolution, which was read: Campbell, Carter, Church, Collins, Cor- "Resolved, That this Conventlon will bett, Craig, Curry, Curtin, Davis, De adjourn sine die on Thursday the twentyFrance, Dimmick, Dodd, Dunning, Ed- seventh day of March." wards, Elliott, Ellis, Ewing, Fell, Gibson, The question being, shall the ConvenOGuthrie, HIay, Hazzard, Hopkins, Horton, tion proceed to the second readinr and Knight, Landis, Lawrence, Littleton, consideration of the resolution, it was not M'Allister, M'Clean, MacConnell, M'- agreed to. Murray, Mann, Mantor, Minor, Mott, Newlin, Niles, Patton, Purman, Purvi- EAVES OF ABSENCE. ancewl, SaNeil es, Peatto, Joh R., Reed ~Mr. J. W. F. WHITE asked leave of abAndrew, Reynolds, James J., SmitRh, sence for Mr. D. N. White for a few days Henry W., Smith, W. H., Stanton, Tur- from to-day, which was grated. rell, WVralker, Wetherill, John Price, Mr. BOWMiAN asked leave of absence W7herry, Wh1ite, aIsrry, White, J. W. F., for Mr. Brown for a few days, which was Woodward, WVorrell, Wright and Mere- granted. dith, President-71. Mr. S. A. PURVIANCE asked leave of The PRESIDENT. There is a quorum of absene for ar. Cialk f~0 a few days, the Convention present. which wa granted Mr. CURRY asked leave of absence for PRAYER. a few days for MAr. Russsell, on account of Prayer was offered by Rev. James W. sickness, which was granted. Curry, as follows: Mr. CORBETT asked leavre of absence We acklnowledge Thee, 0, God, the ibr a few days for Mir. S, H1. Il{tynolds, giver of every good and perfect gift, we which was granted. CONSTITU3TION'ALL IONVXENTION. 27 INTOXICATING LIQUORS. Mr. BARCLAY moved to amend, by str.iM:r. HORToN aslked and obtained -unanl- king out all after the word'"resolved~,' nlous consent to present a petition of the and insert;ing the following: citizeans of Wyomiu-ig County, Pennsyl-' That hereafter no more than twelve vtania., pryilng that an a~nendmerlnz-t zle eaves of absence shall be had at anv one nade to to e Cncustuittion prohibiting the time, unless obtained bv the unaniou —l sale i liuors as a g onsent of the Convention.'" sale o6' intoxicating liquors as a beyerage, -which wa;\3s refeeiie to the Committee on NlMr. LITTLETON. I rise to ask whether this does not establish a new 1rule oor the ECo-nvention., and therefole, under oar m~ESTRICTIONSS ON L;EAVES OPF ABaSE N'E7 rules, itough1tto lie over at least one d1ay? M(r. BEETE offered the following reso1u- The IP'IS,:IDENTo Th'be Chair does not,'tion, w hich was read: perceive how the proposition establishes 2esolved, Th at it is the sense of this a new rule of the Convention.'Convention that no delegate be hereafter'Ar. LirrTTLIr-lTON. -it establishes a new granted leave o&f absence without reasons rule for leaves of absence. given therefor, and that the ro0ll shall be The Pi-ESIDEINT. To which rule toes called daily at the opening of each session, the gentleman.n refer? and that the inames of all absentees with- M LI TTLETO 11. The twenty-first -4he out leave be entered u.pon the Journal. lItter partr-wh)ich says - The question being, shall the Conven- en.':very resolution to alter th;e ruLes of tion proceed to the second reading and this Coelvention shall lie on the table one consideration ef the resolution, it was dy."' -agreed to. I understood the Chair to decide the So the resolution wiras again read, other day, that when a proposition was Mr.'WooueDwArD. I submitted, at -I kr- imuade to create a new rule it had to lie risburg, a proposition to amend our rules, over for one day, by requring the roll to'be called ever-y?'he PiE'SID-NT. Certainly. But the norning after the reacniln of the,oLrnal, Chair desi'res to kniow wht new rule this and have the absentees notecd acnd pub- iesoln1:io-n proposes to create, or what'rtie lisheci in two papers. That motion, which it interltsres viith? involved an additional rule, eas laid upon Mr,.L:[rITLETON. I_ call for the rcadt'rethe table, and has lain upon the t;able ever' Of th ieo resolution and the anendmuent. since. The CLERK read as follows: The latter part of the resolution no esolve, hat it is the sense of ti:s of'ered contemplatees the same purpose Convention that no delegate shall. be Lerothat vwas contemplated in rmy proposition. after granter leave of absence wittho:ut It occurs to me that if we are going to con — reasons given therefor. sider the subject, it would be more proper The amendlcmient strikes out all after to consider it as a proposition -for a new the word "'resolved.' and inserts the fobrule. Therefore I mnove to amend the!Owing: -resolution, by striking out so much of it'That hereafter no more than twelve as relates to the calling-of the roll, and to lea-ves of absence shall be had at any one'substitute the language of my proposed ti-ne, unless obtained by thre unanimous rule. consent of the Convention' Mr. BFE3-BE. I accept the amendment. The P-1RESIDENT. The Chair is of the The PRESIDENT. The Chair will state opinior thait this dilficulty can be avoided'that the proposition now spoken of is for by declaring some proposition to be the a new rule of the Convention. The propo- sfense of thne Convention without inter-'sition originally niade is for an expression erun'ng in any -ay with the rules, and of the sense of the Convention that'such a therefore without coiing it hin the ruItes'thing shatl be done. thart, shall it lie one day on the table. ThereMr. Woo-'xv-ARD. Would it not be bet- fore, if this aimendi'ment is intended to'be ter to have it incorporated in the rules? inserted after the words "'the sense (of I believe myself it is of great consequence this Convention,' it is i orde r; otherwvise'to have the roll called every morning. i it is not. think it would lead to mnore punctual at- 4Mr. BARCLAY. I i(ove, then, to insert tendence of gentlemen. At any rate it the armlendment after the words;'eses(e of'would informn the constituenits of mer- the Convelltion1." bers to this Convention wvho it is that is Mr. BoOYD. I imove to lay the whorle absent, by the publication of the inamess, subject on the table. 2,8~2703 JDEBATES OF THE Mar. DARLINGTON, I mUove to postponlle son given by the gentleman (Mr. Beebe) the whole subject indefinitely. who offered the original proposition. I The PRESIDENT. The motion to post- cannot vote for the pending amendment. pone indefinitely is not in order, The and although I do not wish to. annoy memqlestion: is on the motion to lay the sub- bers, but, as stated by the gentleman who ject on the table. offered the resolution, some action ought The question being taken. a, division to be taken by this Convention in order was called and the motion not agreed to. to facilitate its business, It is very clear Ayes, thirty-four; noes, thir tv-four. to my mind that if a call of the House was Mtr, DARLINOTON. IS it now in order, enforced every morning there would be Mfr. President, to move to indefinitely more of ouir members present in their seats postpone the subject? than is usually the case, and this is a suffiThe PRESIDENT. Certainly. cient reason why it should be made every iMr. DARLINGTON. I then make tihat day. Beyond this I have no desire that motion. anything more should be done in regard Mr. BEEBE. I trust the motion will to this resolution; but to postpone it in — not prevail, and that the Convention is definitely will thus put it out of the power not willing thereby to shirk the responsi- of the Convention to present the proposibility of having it known whether they tion again in any form whatever. I think are attending to their duties or not. As the proper way would be to put the mat — far as my information goes, there are some ter in a niore acceptable shape, if it is inof the members of the Convention who tended to facilitate the business of the' are making their offices here a mere sine- Clnvention, and this, can be accomplished cure, or at least secondary to their private by simply calling the roll and noting the business. I simply offered this resolution absentees on the Journal, tlhis morning for the purpose of testing The PRESIDENT,. That question is not the sense of the Convention as to the in- now be hefore the Convention. tent and purpose of its members in dis- Mr. M ANN I was simply suggesting charging their duties. the reason why this question should not Mr. DARLINOGTON. It strikes mne, Mr. be indefinitely postponed, and why such President, that this whole question as to amendment should be made as to make whether we shall absent ourselves or not, it an acceptable subject for the considera — provided there be enough members left tion of the Convention. I do not intend to transact the business of the Conven- to discuss it beyond that. I was simply tion, is a question resting solely with our saying that to postpone it indefinitely is members. If members choose to neglect to put it out of our power to present the the duties for which they are placed here, resolution in a better form. it is a matter concerning their own per- The PR;ESIDENT. The Chair would state sonal honor and integrity, and no one to the gentleman that the only subject be — else's. If enough members remain to fore the Convention is upon the question transact the business of the Convention, as to its sense relative to the number of and I choose to absent myself for a tew leaves of absence hereafter to be granted. days, it is a matter that concerns myself Mr. WOODWARD. I will inform the gen — and nmy constituents alone. If the con- tieman (Mr. Mann) that if the present tingency should arise of there being less subject is indefinitely postponed I will than a quorum of members present at any then move to take up the resolution I one of our sessions, we have an ample submitted at Harrisburg, providing for a remedy by a call of the House. I think new rule for the Convention. that no good can be accomplished by in. On the question to indefinitely postpone terfering with those gentlemen, living in the consideration of the resolution, this city or in its immediate vicinity, who The yeas and nays were required by choose to attend to their own private busi- SMr. Bartholomew and Mr. Carter, and ness instead of coming here. If measures were as follow, viz. are disposed of in their absence in which they or their constituents are interested, it will not be the fault of the Convention, Messrs. Addicks, Alricks, Bartholomew, I think, therefore, we had better not adopt Black, J. S., Boyd, Buckalew, Craig, any such resolution, but dispose of the Curry, Curtin, Cuyler, Dallas, Darlingwhole subject at once. ton, Davis, Dimrnmick, Dunning, Elliott, Mr. MANN.' Mr. President: I hope this Ellis, Fell, Gibson, Hopkins, Littleton, matter will not be postponed for the rea- Newlin, Niles, Patton, Purman, Reynolds, CONSTITUTIONAL CONVENTION.'277 James L., Smlith, Henry W., Smith, W. evening after the Convention adjourned. H., Temple, Turrell, White, Harry, He requested me to ask lease of absence White, J. JTA.,., TWoodward and Worrell for him until next Wednesday morning. — 34. Leave was granted. N A Y 8 SP:TRING ELECTION OF JUDGE;'S. Messrs Aclenbach, Andrews, Baer, Mr. GIBSON offered the following res.o-'Baily, (Perry,) Baker, Barclay, Beebe, luttion, which was referred to the Com-nitBowman, Campbell, Carter, Church, Col- tee on the Jlidiciary: lins, Corbett, De France, Dodd, Edwards, Resolved, That in case the Cormmnittee Ewing, Guthrie, Hay, Hazzard, Horton, on the Judiciary report in favor of the Howard, Knight, Landis, Lawtreae, M'- election of judges by the people, and tle.Allister, M'Clean, MacConnell, M"Mur- same is approved by this Convention, thie ray, Mann, -Mantor, Minor, Purviance, said election of judges shall be held at:Samuel A., Read, John R., Reed, An- the tinme of holding the spring electionr'drew, Stanton, Walker, Wetherill, John and not, on the day of the general election. Price, Wherry, Wright andl Mieredith, re-sideter —-41. iTrE STATE PRINTER'S CONTRACT. So the motion was not agreed to.'Mr. CHURCH. Mr. President: I otifer ABSENT AND NOT voTINO. —Messrs. Ai- the followling resolution:.,ney, Armstrong, Bailey, (Huntingdon,) 2Resolved, That the Committee on PrintlBannan, Bardsley, Biddle, Black, Charles ing be instructed to report to this ConvenA., Brodhead, Broomall, Brown, Carey, tion the contract made with Mr. Singerly,,Cassidy, Clark, Cochran, Corson, Cron- and whether any and if so what nmcean:niller, Finney, Fulton, Funck, Gilpin., can be taken to ecompel a compliance with'Gowen, Hall, Hanna, Harvey, Hemphill, such contract on the part of the contractor, 1Heverin, Hunsicker, Kaine, Lamnberton, and in the event of a non-compliance with Lear, Lilly, Long, APCanmant, M'Culloch, such contract the -samae be declared reAMacVeagh, Metzger, Mott, Palmer, G. ~W., scinded. Palmer, H. W., Parsons, Patterson, D. W., Mr. NETWLJN. Mr. President: I desire Patterson, T. H. B., Porter, Pughe, Pur- to state, for the information of the, Con-'viance, John N., Reynolds, S. H., Rooke, ventioin that the conlmmittee miade a eoARoss, RHnLik, Russell, Sharpe, Simpson, tract with M4r. Singerly in pursuane of'Smith, H. G., Stewart, Struthers, Van the-order of the Convention, or rathler a }Reed, Wetherill J.'M. and White David the Convention understood that order. iN. —58. After that was done the Conveintion passed Mr. MIANN- Mr. President: I merely- another order, by which theyaltered, ma-,desire to make a suggestion to the mover terially, the mode of executing th-e print-,of this resolution, that if he will with- ing. They ordered it to be done in leaded,draw it without Judge Woodward mak- minion instead of in solid brevier as first ing a motion, it will relieve the Conven- directed. At the tinme that order was tcion. of all difficulty in shaping this mat- Imade T called the attention of the Con~ter. I merely make this suggestion. vention to the fact that it might give rise The PRESIDENT. The resolution car- to some trouble in regard to this contract -not be withdrawn except by unanimous that had previously been nmade, a nd that,3onsent. it -would also be considerably rnore expenMr. B-EEBE. Mr. President: I w ill sive to have the printing done in that ~withdraw- the resolution inasmuch as it mranner. has become comnplicated. But I do not propose to say anythi-ng Unanimous consent was given, andL the in regard to that at this time. I simply,resolution was withdrawn. -wish to informl the Convention that after Mr. WOODWARD. -Mr. President: 1 the second order was made by the Connow move that the Convention proceed to vention, fixing leaded minion as the kind ~the consideration of the additional rule of type to be used, and fixing also the.urn-which I submitted at Harrisburg. ber of copies to be printed, the commiittee The PRESI'DENT. That is not in order mnade a new contract, or rather agreed now. The House has not yet conic to the upon a form of a contract to be madewith:second reading of resolutions. the State Pi-nter or with Mr. Singerly. Mr. J. W. F. WHITE. Mr. President: Mr. Singerly was then absent from PhilaMr. Onslow,' the Sergeant-at-Arms of this delphia. That contract was sent to himat,Co.,.v.nten,i was called hoime.suddenly last Harrisblurg, but it was not sent until yt :7S DEBATES OF THE t<..rday, because tl:e conmmittee did not I will take occasion further- to sugg-est to, lk lorw until then. that Mr. Singerlyv wouldl gentlemeln of the Convention a sirnmlce' i, awN-ay. It was sent to himn y-estserdy minatter of detail in regard to theitr iles yi':mrnirng andr I have s ince telegi-rapl1hed' Iy'r attention has been called by the offi — Li'nlm to. ietl in it inim.elntiatei. I illll foir- ce'rs of -the Conv'ention to, the a(ct that a t,her state: that that contract enta.i t. i.s nznuhber-of the rmeme.betrs of the Convlrel-n pIro'vision: That if the Convcntion sh:ouldl tion either lock uptheirfiles cr take thell) oiCbomne dissatisfied with the i-rove in a-ay. I its im iipossible that a fiesh file.' whichiob its printin,- as e c t'i that it shall be puit on the desks every miornllig, rese'rves to itself thepower to i: erde uinlessF inleabers leave their flies wherei tle, pririntingatthe expensoe,''e.. of,s: Sifged the C'nventiln, can hPave or {;o ann-l thre contract. aocess to them. iNr. CiuRe'r-. Mr.n Preni dcpt' Th e. ex- MM. l-ARtY v a IT. 3{t'; President I' plaination of the chanllran of th-e Coin-, desire to merely state, in confirflaation ofi' niti;ee on Printing is certainly satsisirtc- wh-lat the chainrman of" the Committutee o tory. I offered that resolution for tie lPihinting' has said, that I had' a converstt-. piu)rpose of obtaining- somei infobrnation. tion xi with the State Pilnter- oni this sulbTt is very evidwcnct to rny ininid an11 I tink jecet, and I know, from stateiments malade,vlident to. the lind oif cveryboc'y, that to me bry that officer, that he, is making s.ithl-ere has been no, compll.iance cini thle part incustrious' effort to olisg3 the Ccnvenof Mr. Singesly xwith any of the resolu- tlon by- a speedy execution of his contract. tions which were adopted by this Con- Furthermore, I 7'will state., forthe inforilnavca-ention. In a paper book- which he. is: tioni o-f the C'Onventiotn, that the Stat(.e. printing-, purporti ng to be a Journal of the Printer has adopted a system of' pri tintg; proceedings of thlis body, lie ihas under- the proposition, s submitte(t in the Conta-rekesn to publiisi, s as piart of thlat Journal,. vention in regular order, coinmcrneinig the whole Consirtution of the,S.tate and with numbern one, and so caityin g thle the pu-ilicaticmane of the, Governor. an d a np. I-e has thusn adopted b.ut one file,, number of other matters,; wkVich are no, changing the original idea of' makingl p:art of the Jouiiral. At this-rate of speed, separate files of the diflerent ry.opositionsi; -we slall inot get any part of the proceed — submitted to the respective coinumittees, r:'gs in P.hiladelphia printed urntil after and this ehange hasoccasioned soni e littlewe adijrouini next sumlnmer, delay. Ii. cannot Out be evident to the edind of In view of the statermen-t hich hasn maIy- one that there hals been no colnpli- been made by the chairman of the Corn —'aefe, on tbe plart of the State Printer; with? mittee on P-inting, and the propriety of' the resolutior ns of thifs Gonvention, and I solme notice to the State Printer on this: nta- aidd further, that I fear theie has subject, I mouve that this reesaolutioi be. t)bee-n ro serious effort to coiiply with postplled fr thile present. the1.i It is phlysically inipossible for the, The nlotion -wras agreed to: pirinter to print the debates of the Con-,CAP'ITAL O:F INSUlANCE' CO3]'P:&/N'[iS. vonrtion at Harrisbcu rg and lay themt in printed fo'-rn oan the desks of the members M A[Tr. M'MUI/tTAY offired the followingi t.o lnext imorning aftier- tley take place. resoluticn, which was refer-red to the lfi the contrcet, iNhich the chairrinan of' Commirz ttee on Private- Corporations, (&c;,,,ie Conmmittee on Printing states lhas Resotied, That the Couinittee on Priboeen sent to the Stati Printer, be signed vate Corporations, &c., be instructed' t(o an(d laid before the Connvention next oi'on- inquire into the propriety of so amlending' dy, y I do not knoe butt thatt it wilI be the Constitution that no- fire insurancel.,atis-fietory to the Convention, and I do. conmpany sh1all be incorported in this", not know hut I will ehave obtained every- State with less than three hundred thou — tlinrg- which I expected to> olbtani by sandc dollars, borne fioYe paid up' capital, oifftering the resolution. (mutual eonmpanies excepted,) nor shall' i'hbe PRESrD;-NT. The Chair' wtll state any foreign fire insurance company he' thata the Constitution was printed as part admitted to, do business in this State, of the Journal, by order of the Conv en- urnless it shall have at least five hundred' nion. thousand dollars boaa:fld'e cash assets. 1I;r. NEwvLIN MtIr. President: I desire to state that the Committee on Printing FURNISJHINO THE DEBATES. TO COURTS. e-xpects to be able to report the new con- Mr. NEWI LIN. Mr. President: I o-fftetract. with Mr. Singerly by Monday,. ant.di tire fo.llowing resolution CONSTITUTIONAL CONVENTION. 279 Resolved, That the Clerk be instructed ingly desirable that each member of the to furnish one copy of the Debates of the Convention should have more than one Convention, in sheets, to each judge of the copy, in order that he may be able to disSupreme Court, to each law judge of the tribute them to such of his constituents respective courts of coimmslon pleas, and as desire to be kept informed upon the to each judge of the respective district subjects before the Convention. The full courts of the Comlylonwealth. reports, it seems to me, should be disMr. NEWLIN. Mr. President: I will tributed throughout the different counstate with regard to this resolution that, ties of the State, and I hope the Comlmitaccording to the orders of the Convention tee on Printing, if they re-consider this subas they now stand, each mnember receives ject, will report in favor of the distribueach day only one copy of the Debates, tion to each member of an additional which, of course, he will require for his number of copies. own use. Several judges have, througll The question being upon the resolution various members, requested to be fur- of Mr. Newlin, as modified by Mr. Dallas, nished with a copy of the Debates, and it it was agreed to seems to me, inasmnuch as we have directed the Clerk to furnish a copy to the LEAVE OF ABSENCE. Governor and to the heads of depart- AMr. BEEBE offered the following resolumnents, and also to members of the Legis- tion: lature, that it is eminently proper that Resolved, That it is the sense of this this courtesy should be shown to the Convention that no application for leave judges of the respective courts. of ab;sence shall be made without reason I would also say that the whole number given therefor. of copies required by this resolution will Mr. STANTON. I move to lay the resonot exceed sixty, and I trust the Conven- lution on the table. tion will adopt this resolution. The mlotion was agreed to. Mr. DALLAS. Mr. President: I can see no objection whatever to the resolution ROLL CALL. offered by the gentleman from Philadel- Mr. MANN offered the following resoluphia, (Mr. Newlin,) except that this Con- tion, which was twice read: vention, which should have important Resolved, Thatit is the sense of this Conbusiness before it, it seems to me, is spend- vention that the roll shall be called each ing entirely too much time in the con- morning before the Journal is read. sideration of questions of this character, Mr. WOODWARD. Mr. President: I hope which are continually coming before the that resolution will not be adopted. I call Convention. Every day some new class the attention of the Convention to the fact of people, equally entitled to the consid- that I offered, at Harrisburg, a rule upon eration of this Convention, will, through this subject, which contemplated the same some delegate on this floor, make a simi- object which the resolution has in view, lar application. For this reason I now with a very important addition, namely: move to amend, by requesting the Print- The publication of the names of absening Committee to consider and report tees in two daily papers. what persons, if any, other than delegates, Now, sir, I wish to get that rule before should receive the Debates of the Con- the Convention. I understand the Chair vention. has ruled it out of order for the present, Mr. NEWLIN. I will accept the amend- but I suppose it will be in order for me to ment as a modification of my resolution. move that the Convention take up and conMr. HAY. Mr. President: It seemed sider that rule after we have got through to me, when the Committee onl Printing with the resolutions, if we ever do get made their report, giving but one copy of through with them. I hope the subject the Debates, daily, to each member of will not be embarrassed by such a resoluthis Convention, that they had not re- tion as the one which is now offered. ported enough to answer the necessary I move to lay the resolution upon the purposes. They seemed to contemplate table. that when they had reported in favor of The motion was agreed to. furnishing each newspaper in the State AMr. BUCKALEW. Mr. President: If it with a copy of the daily Debates, that is in order, I move that we proceed to the there was no further necessity for the further consideration of the resolution members having more than one copy. It which was pending at the time the Conmust be apparent to all that it is exceed- vention adjourned yesterday. 928( DEBATES OF THE The PRESIDENT. It is not at present in matters referred to. Unless some such order. The order of the second reading action as this is taken numerous petty of resolutions has not yet been reached. warrants will have to be drawn, by which Mr. WOODWARD. In the "order of busi- the labors of the committee and of the ness" there is no time fixed for consider- President and Clerk of the Convention ing new rules. When will it be in order will be unnecessarily increased. for me to move to take up that additional Your committee therefore report the rule? following resolutions: The PRESIDENT. It will be in order in Resolved, That warrants be drawn for a very few minutes, if there are no mnore the payment of the Clerks and other offioriginal resolutions. cers of the Convention, as intimated in the above report as proper to be paid to them LEAVE OF ABSENCE. respectively. Mr. DUNNING. I desire to ask leave of Resolved, That a warrant be drawn for absence, at this time, for Mr. Mott for a the payment to John E. Addicks, chairfew days. man of the House Committee, of the sum Leave was granted. of $1,000, to be expended in the payment of persons employed in taking care of the REPORTS OF STANDING COBSVIITTEES. hall and property used by the ConvenThe PRESIDENT. Reports of standing tion-the janitors, firemen and pages apcommittees are now in order. pointed by the Chief Clerk, under the PAY OF OFFICERS AND EMPLOYEES. authority of the Convention, and the new cessary contingent expenses of the proper Mr. HAY.. Mr. President: I am ill- care of the hall and property-to be acAstructed by the Committee on Accounts counted for, as ay be required, to the and Expenditures of the Convention to Committee on Accounts. make the following report: The first resolution was read twice and The CLERK read as follows: agreed to. The Committee on Accounts and Ex- The PRESIDENT. The question is upon penditures of the Convention respectfully the adoption of the second resolution. report: Mr. JOSEPHI BAILY. Mr. President: 1 That it has had under consideration the think that every person entrusted with resolution, adopted by the Convention on the expenditure of public money should the sixteenth of January, directing to be be under bonds. None of us know how reported a resolution for the payment of many persons are employed here to take such proportion of the pay of clerks and care of the hall. We propose now to place officers of the Convention as the commit- in the hands of one of our colleagues the tee might deem proper; and that, in its sum of $1,000, and give him a carte blanche opinion, it would be proper at this time to expend that money as he wishes. I to pay the clerks and other officers twenty think that it is very wrong to open the per cent. of the compensation fixed by the door for the expenditure of this money. Convention. I have drawn up a proposition of my own, The committee further reports that, for which I will read for the information of the proper keeping and protection of the the Convention: hall and property used by the Conven- Resolved, That the Clerk of this Con_ tion, it is necessary that a number of per- vention be required to execute a bond in sons shall be employed, whose services favor of the Commonwealth, in the penal shall be paid for at least weekly, and that sumn of six thousand dollars, with good for their payment, and for the payment securities, conditioned upon the faithful of other necessary contingent expenses performance of his duties as Clerk, and of taking care of the hall and property, for the faithful expenditure of any public and for the payment of subordinate em- money with which he may be entrusted, ployees of the Convention, it seems neces- by order of the Convention; and that it sary that there should be placed in the shall be his duty to pay the employees of hands of some proper person a moderate this Convention such compensation as sum of money, to be disbursed as occasion may be ordered by the Convention, his may require; and that, in the opinion of accounts to be settled monthly by the the committee, no other channel of dis- Committee on Accounts and Expendibursement for these purposes is so appro- tures. priate as the House Committee of the Con- The PRESIDENT. Does the gentleman vention, which has the supervision of the offer that as an amendment? CONSTITUTIONAL CONVENTION. 281 Mr. Jos. BAILY. I offer that as an that responsibility placed in his hands. I amendment to the resolution presented do not think Mr. Addicks would feellike by the Committee on Accounts and Ex- assuming the responsibility of paying all penditures. In doing this I wish to say persons who might come to him for comI have no feeling whatever in the matter, pensation for services. I have been here except one of propriety for the Common- every day but one of the session, and I wealth. The gentleman named in the have not yet became acquainted with the resolution of the Committee on Accounts facts as to the number of employees actuis a most honorable and competent gen- ally engaged in the service of this Conventlemlan; but as a matter of business pro- tion. priety we ought to adhere to the rule of I believe that the Chief Clerk was to doing exactly what is correct in a mat- have employed some persons. I think ter of this kind. that before this matter of the warrant is Mr. HAY. It certainly cannot be ex- put into shape there ought to be sonme inpected, as is contemplated by the terms formation from the Chief Clerk as to how of the amendment to this resolution, that many persons have been so employed, this Convention should go into the busi- and information ought to be had from the ness of fixing the compensation of the proper committee as to the number of persons who are employed to clean this persons employed, either by the Convenhall, and the persons employed to attend tion or anybody for it. In the present to the various subordinate duties inciden- condition of the matter we cannot tell tal to the proper care of the building. but what the whole thousand dollars Nor do I think it advisable that the time called for may be consumed in perhaps a of this Convention should be taken up week or two. in the discussion of such petty matters. In this connection I will state that so To the Committee on Accounts it has far as leaving the disposition of the money seemed proper that some person should to the Chief Clerk or to the chairman of be entrusted with a discretionary power the Committee on House, I have no to employ such persons as may be neces- doubt that it will be well taken care of in sary to take care of this property, and to either case, and Iwould just as soon leave make the necessary petty purchases that it in the hands of the Chief Clerk without may be necessary for the same purpose. a bond as in those of Mr. Addicks without It has seemed to the same committee that a bond. With or without a bond in either no one was more responsible and proper case the money will be all right, but we to be entrusted with matters of that kind ought to have some definite information than the chairman of the House Commit- as to the number of people who are emtee. That committee was appointed to ployed. supervise and control the employees I therefore move that the matter be whose compensation it is proposed to cov- postponed until the information of which er by this warrant. If some such resolu- I speak is submitted to the Convention. tion as this is not adopted, warrants will The question being upon the postponehave to be drawn by the hundred weekly ment of the resolution, it was not agreed for the payment of the individuals men- to. tioned, as they must be paid weekly; Mr. HAY. I think it is entirely proper and, besides that, all the purchases which that the matter should be entrusted to it is necessary to make in the city must the chairman of the House Committee. remain unpaid for a considerable time, I desire to say here that before the Comunless some such plan as this is adopted.- mittee on Accounts came to the conclusion Mr. TEMPLE. I, for one, am in favor of to recommend the placing of this matter adopting the report of the chairman of the in the hands of the chairman of the Committee on Accounts. The only objec- House Committee, they had an interview tion I have to it is this: I am not sure that with that gentleman, in which he expressthe Convention is advised as to how mllany ed the greatest reluctance to assume so officers or other employees there are em- grave a responsibility, but the Commitployed outside of those elected by the tee on Accounts thought that under all Convention. I think there ought to be the circumstances it wasthe proper course some information furnished to the Con- for them to recommend. The chairman vention as to the number of such employ- of the House Committee (Mr. Addicks) ees, or of those who are to be paid by the was a gentleman who, on behalf of the chairman of the House Committee-my city of Philadelphia, had had the main friend Mr. Addicks-if he should have responsibility of preparing this hall for 282 DEBATES OF THE the reception and accommodation of this in the hands of any individual until we Convention, and the exceedingly efficient know how many persons are employed manner in which his duties in that capaci- in and about this building, and what ty have been dischargedis well known to compensation they are to receive. We every member of this body. As chair- do not know how many firemen have man of the House Committee of this Con- been appointed, nor how many of any vention hehashad the principle charge of other persons there are. I do not think the employees and subordinates whom my friend Mr. Addicks would want to the report and resolution, submitted by take that responsibility without some the Committee on Accounts, are intended definite information as to the particulars to cover. of which I speak, and he has told the With regard to the number of em- Convention that he cannot ascertain the ployees in the service of the Convention, particulars until the printing is brought that number, so far as the Convention, in. I do not, of course, in these remarks directly, is concerned, was fixed by itself. desire, in any manner, to impute anything Of course the Convention has not gone improper to anybody. I believe everyinto a detailed analysis of the question of thing is working along nicely, and as it how many persons are needed to sweep ought to do; but we certainly ought to out this hall and attend to the cleanliness know how many persons there are emof the committee rooms; nor do I sup- ployed by this body. When that inforpose the members desire to do so. mation is had we can vote to place the Mr. AD)DCKS. Mr. President: I desire matter under consideration in the hands to make a few remarks on this subject, in either of Mr. Addicks or the Chief Clerk, addition to what the chairman of the Com- as may be desired. mittee on Accounts has stated. When Mr. NEWLIN. Mr. President: In view the idea was first suggested that I should of the great length of time which the Contake charge of this matter I explained vention takes to discuss very trivial matthat I felt exceedingly reluctant about it; ters pertaining to the duties of the Printand it was only after seeing that the Com- ing Committee and the Committee on Ac, mittee on Accounts were very desirous counts, I would suggest that perhaps it that I should take charge of it that I con- would be well to dispense with these comsented, subject to the wishes of the Con- mittees, and when anything comes up vention to do so. relating to the matters which these comAs to the number of employees who are mittees now attend to let the Convention employed here outside of those duly resolve itself into committee of the whole elected by the Convention, it has been and consider it. the intention of the House Committee to Mr. J. PRICE WETHERILL. I know no make out and submit to the Convention a better reason going to show the improprilist of those actually engaged in the ser- ety of the movement contemplated by the vice of this body; but, unfortunately, we report of the Committee on Accounts than cannot get at any data as to how many that given by the chairman of the House persons the Convention authorized to be Comnittee himself (Mr. Addicks.) He employed, for the reason that all the reso- is fully alive to the disagreeable nature of lutions, reports and Journals are in the the duty which the Committee on Achands of the printer; so that the informa- counts would put upon him. It seems to tion on that subject must await the arrival me to be very unfair, perhaps unkind, for of the printer's work. Wthen the House this Convention to impose any such duty Committee is placed in possession of the upon a member of this body. Just think result of the printer's labors, a report will of our drawing a warrant for $1,000, placbe submitted to the Convention embody- ing it in the hands of one of our own ing all information on this subject. members, who is expected to pay it out Mr. TEMPLE. I desire to ask the chair- in small, very small, sums, and to take man of the Committee on Accounts receipts and vouchers for these petty whether he is now ready to state the amounts, and present himself regularly number of persons employed, either un- before the Committee on Accounts for its der the direct order of the Convention or approval of these vouchers and of his conunder the supervision of the Chief Clerk. duct. It is asking entirely too much of a If not able to make this report just now, fellow-member that he will do all these I would like to know when the Conven- things. tion may expect it. I do not think we It seems to me, sir, that the Clerk is can intelligently vote to place this matter the proper person to attend to such duties, CONSTITUTIONAL CONEVENTION. 283 and that he should attend to it, and not a the regular business way in which to member of this body. VWe can demnand transact this matter. of him a bond, and demand of him the Mr. JOSEPH BAILYo 1 named $6,000 in proper vouchers, and hold him in every the resolution as the amount of the penalty, way responsible for the performance of having been under the impression that the work. I doubt very much whether it the Clerk would not be entrusted with is at all proper for anybody but the Clerk more than two or three thousand dollars, of the Convention to attend to such de- for disbursement, at any one time, but tails of duty as this resolution and report this amount can be increased if the Contreat of. That being the case, I deem it vention deems it necessary. unfair, to say the least, that we should The question being taken on the amendsaddle any member of our own body with ment, it was agreed to. the duties of a Clerk of this Convention. The question recurring on the adoption MrT. HIAY. It is entirely immateriai l to of the resolution, as amended, it was the Colmmnittee on Accounts in whose agreed to. hands the work is placed, provided it be -MINORI'TY REPORT OF THE COMMITTEE placed in some responsible hands. Their ON THE LEGISLATURE. only anxiety is to have some person in Mr. NILES. Iamdirectedby te minorcharge of it who will well attend to it. charge of it who will well attend to it. ity of the Committee on the Legislature to [Mr. HARRY W-HITE. Mr. President: I subnmit their minority report, and to rewish to make merely a remark or two on quest that its reading be dispensed with, this matter. I do not conceive it to be all at this time, and that it be printed, with that is comprehended in this matter that'the majority report from the same comnthe money should be merely disbursed, mittee, for the use of the Convention. but that it be disbursed carefully and The question being taken on the susproperly. With regard to the inquiry pension of the reading ofthereport, itwas coming from one gentleman as to how agreed to. many persons have been employed by The report is as follows: the Chief Clerk, I would say for him that To the President and Members of the Conthe Clerk has appointed nobody except stitutional Convention: those whom he had authority to appoint.-We, the undersigned, GLENTTLEMEN: —We, the undersigned~ He appointed a fireman, as he was au- members of the Committee on the Legisthorized to do; and a janitor, which he lature, respectfully dissent from the mavwas authorized to do; and some pages, jority report of said committee, so far as which he was authorized to employ by relates to biennial sessions of the Legislaresolution of the Convention; nothing ture. further. Their report radically changes the time While I aim up I will say that I entirely of meeting of the law-making power of agree with the remarks of the gentleman the State as it has existed since the formafrom Philadelphia, (Mr. Wetherill,) and tion of the State government. It is conthat I have the fullest confidence in the trary to the policy pursued by a large integrity and competency of the Chief majority of our sister States, the LegislaClerk, as of ocurse, I have also in the tures of twenty-three of them holding chairman of the House Committee. their sessions annually. In our opinion It is the custom of all deliberative there are many reasons why our Legislabodies of this kind to appoint a disbursing ture should meet annually that do not officer, to whom they can look for the per- apply to other States. No State in the formance of this duty, and hold responsi- Union has so great and diversified interests ble if he should prove derelict in the dis- as has Pennsylyania. Ohio, Indiana and charge of the same. The resolution of the Illinois have been cited as instances whose gentleman from Perry (Mr. Joseph Baily) Legislatures meet only once in two years. embraces the idea of requiring the Clerk Those States in the main are purely agriof the Convention to execute a bond, cultural. General laws can easily be which is to be approved by the Commit- framed to suit the laws of their people. tee on Accounts, and the funds that come They have none of our coal, iron, oil and into his hands are to be disposed of in ac- a great variety of other interests that are cordance with the terms of the bond, and peculiar to Pennsylvania. Ours, as an under his oath, and an acccount rendered agricultural State, is second to none of to this committee, who are to report them, besides producing more coal, iron promptly to this body. This is certainly and oil than the whole balance of the 284 DEBATES OF THE Union, to say nothing of her ten thousand tion? No man to-day can tell what will miles of railroads and the manufacturing be our needs in the future; and if the and commercial interests of Philadelphia, Legislature is prohibited from the enactPittsburg and other great and rapidly ment of local and special laws, there will growing cities of the Commonwealth. If be a greater need of annual sessions than it were necessary formerly to hold annual heretofore. If the report of the comsessions, when we had a population of mittee in regard to biennial sessions is three hundred thousand, is it not quite adopted, we will find ourselves in the as necessary when we have a population condition of having prohibited the Legisof nearly four millions? lature from giving us any special relief, It may be answered that when local and and then, by constitutional enactment, of special legislation is prevented by consti- having prevented that body from aiding tutional enactment the work of the Leg- us by general law oftener than once in islature willbe greatly reduced, and there two years. will then be no necessity of meeting All of which is respectfully submitted. oftener than once in every two years. JEROME B. NILES, Suppose local legislation is prohibited, D. N. WHITE, the wants of the people will remain the GEO. F. HORTON. same. What they now obtain by special January 15, 1873. they will then require by general law. WVe take it for granted that local and spe- ADDITIONAL RULE. cial legislation will be prohibited by this lr. WOODWARD. I now move that the Convention. When our work shall have Convention proceed to the consideration been ratified by the people, what will then of the resolution which I submittted at be our condition? Harrisburg, for the addition of another There are but few general laws in the rule to the rules of the Convention. State under and in pursuance of which a The motion was agreed to. dollar can safely be invested in any of Mr. BUCKALEW. Mr. President I our great material interests. True, we rise to a point of order. It is, that the have an act that is called a "general rail- resolution relative to adjournment, ofroad law," but under it not a dollar has fered yesterday, takes precedence. A ever been invested, not a foot of road has short time since I made a motion to proever been built, nor do we believe there ceed to its consideration, but the Chair ever will be. Its provisions are so clogged informed me that it was not then in order. with limitations and conditions that it beautifAlly illustrates resolution upon which the Convention "howinlly iustr"tethen e havea has not made any progress is certainly not'how nof to do it." Then we have a gen-. in order~. eral mining and manufacturing law, but r. it seems to have been drawn with a view Mtr. WVOODWARD. I submit to the Chair, of preventing persons of small capital that the resolution I refer to is not new from accepting its provisions; so far as matter, and that it takes precedence over your committee know, it has remained the resolution to which the gentleman practically a dead letter upon the statutes alludes. It was referred to during the of the State. HLeretofore men of small proceedings this morning, and prior to means, when they have associated them- any mention of this resolution of adjournselves together for the purpose of pursu- ment. ing any kind of business, have generally The PRESIDENT. The Chair was obliged gone to the Legislature for a grant for to give the floor to Mr. Woodward, as lihe doing the same. Inthe future everything was the first gentlemen to rise. He miade will be done by general law. No special a motion, which was perfectly in order, and privileges are to be granted. Can any the Chair could not refuse to receive it; member of this committee tell how long but at the same time I will venture to it will take to devise general laws that will observe that what he predicted at Harrissubserve the interests of our four millions burg, when the Convention over-ruled of people, and effectually develop our him, and made it his absolute duty to adagricultural, lumber, coal, iron, oil, rail- journ the Convention at a particular hour, road, commercialand manufacturing, and is here happening alnmost daily. He the great variety of other interests that would suggest, for the present, that by are peculiar to our people and State, and unanimous consent a niotion may be which need the aid of the law-making made to extend the time of the session of power for their development and protec- the Convention to-day. CONSTITUTIONAL CONVENTION. 28.5 IMr. HARRY WHITE. I ask the unani- S., Boyd, Buckalew, Curtin, Cuyler, Damous consent of the Convention to make vis, Dunning, Ellis, Gibson, Heverin, Horthe motion suggested by the Chair. ton, Mott, Purman, Reynolds, JamesL., The Convention refused to give its con- Simpson, Smith, Henry W., Stanton, sent. White, Harry, Woodward and WorrellThe PRESIDENT. The Chair is com- 26. pelled to observe, further, thatthe resolu- So the motion was agreed to. tion refered to by the gentleman, (Mr,, ABSENT OR NOT VOTING.-Messrs. ArmWAoodward,) and now before the Conven- strong, Ai ney, Bailey, (Huntingdon,) Bantion, is one that can be acted upon just as nan, Bardslay, Biddle, Black, Charles A., well on Monday as to-day. It is not a Brodhead, Broomall, Brown, Carey, Casmatter of immediate importance. The sidy, Clark, Cochran, Corson, Cronmiller, resolution relative to adjournment, unless Finney, Fulton, Funck, Gilpin, Gowen, acted upon to-day, cannot be substantially Hall, Hanna, Harvey, Hemphill, Hunacted upon at all. sicker, Kaine, Lamberton, Lear, Lilly, Mr. WOODWARD. I then move, with the Long, M'Camant, M'Culloch, MacVeagh, consent of the Convention, that the con- Metzger, Minor, Palmer, G. W., Palmer, sideration of the resolution I offered at H. W., Parsons, Patterson, D. W., PatterHarrisburg be postponed until Monday. son, T. H. B., Porter, Pughe, Purviance, The motion was agreed to. John N., Read, John R., Reynolds, S. H., QUESTION OF ADJOURNMIENT. eRooke, Ross, Runk, IRussell, Sharpe, MI\r. BUCIKALEW. I now move that the Smith, H. G., Stewart, Struthers, Van Convention proceed to the consideration Reed, Wetherill, J. M.,WhiteDavid N. of the resolution relative to adjournment, and Wright-58. offered yesterday. PUBLISHING ABSENTEES AT ROLL-CALL. The motion was agreed to. Mr. VWOODWARD. Mr. President: I now The Clerk read the resolutionas amendche afll re tmove to proceed to the consideration of ed as follovedws That hen this Covenion the resolution providing for a new rule, Reolved. whnhoffered by mle at Harrisburg, and which adjourns to-day, it will adjourn to meet o on Wednsday atnwas ordered to lie on the table. on TW7ednesday, at one o'clock P. RM. The PRESIDENT. The resolution will be Mr. LAwVRENCE. I move to amend the read resolution, by striking out "Wednesday, read, as follows The CLERK read, as follows and inserting "' Mondav at twelve o'clock d insertin, g "Monday, at twelve'clockvv Resolved, That the rules be ainended, The PRESIDENT. The motion is not in by adding the following, to be rule -: " That after the reading of the Journal order. each day the Secretary shall call the roll Mr. LAWRENCE. I then move to layv of members, noting the absentees and thle resolution on the table. publishing their names in two daily newsThe yeas and nays were required by Mr. ape of opposite politis Corbett and Mr. Baer, and were as fol- es'ow, Viz: Mr. ALRICKS. Mr. President: I desire lowd vi: only to state that I can see very well how it might become necessary for this House Messrs. Andrews, Baer, Bally, (Perry,) to pass a resolution of this kind, if we had Beebe, Bowman, Campbell, Carter, not a quorum of members present to transChurch, Collins, Corbett, Craig, Curry, act business; but when there is a maDallas, Darlington, De France, Dimmick, jority or a quorum of members present I Dodd, Edwards, Elliott, Ewing, Fell, do not see any necessity for the rule, unGuthrie, Hay, Hazzard, Hopkins, How- less it is for the purpose of putting a penard, Knight, Landis, Lawrence, Littleton, alty upon those who are absent, and as to M'Allister, M'Clean, M'Connell, M'Mur- that I apprehend that no gentleman would ray, Mann, Mantor, Newlin, Niles, Pat- be deterred from being present by a resoton, Purviance, Samuel A., Read, An- lutionofthiskind. Itmightbenecessary drew, Smith, W. H., Temple, Turrell, to call the roll of the House if we have W~alker, Wetherill, Jno. Price, Wherry, not a quoruml here, and in such case the White, J. W. F., and Meredith-Presi- roll should be called; but a resolution dent-49. such as this will only help the printer, N A Y S. and I do not see why we should adopt it in Messrs. Achenbach, Addicks. Alricks, a deliberative body. It aplears to me very Baker, Barclay, Bartholomew, Black, J. muchasifwewerebecomingahouseofcor 4286 ~I~~"1~~DEBATES OF THLE rectlon, desiringtogiveabad mark tothose If they are not here in the places w-here who do not attend to their duties. But their constituents expect thenl to be, I do the passage of the resolution will accom- not think it is unworthy of the dignity of plish nothing, and its defeat cannot do the this Convention to inform their constitlpublic harm, inasmuch as a quorum of ents of that fact. The resolution cannot members will most probably be present do injustice to any gentlenman w-ho is on all occasions, and therefore the busi- faithful to his public duty, and I conness of this House will not be interrupted, ceive that the public should know what If we pass this resolution we will only representatives do not fulfil theirs. I appear discourteous. If any gentleman hope that this part of the resolution will neglects his duty, when his constituents not be stricken out. read over the yeas and nays they will dis- I have been infolbrned that there is an cover that he is absent. I doubt very much impression on the minds of sole gcentlewhether he will change his course because men that this additional. article or rule the roll is called and he is marked as an will require a vote of two-th:irds ibr its absentee. adoption, but I think that is a inistake. I am very sorry that my friend, the The PRESIDENT. Yes, sir. tt requires gentleman from Philadelphia, (Mr. WVood- only a majority. ward.,) who has offered this resolution, 1Mr. WooDWARD, Yes, si.. It is not has taken this view of the subject. For an alteration or the dispensing atith any my part I know that inasmuch as the existing rule; only the addition of a new business of this body will not be inter- one. rupted as long as w'e have a quorum pre- Mr. BOyD. Mr. Presidentt: Ire-ret that sent, there is no necessity for the adoption I am compelled to ditibr with the mover of this resolution. of this resolution, coming as it does from(I Mr. CuYLEn. Mr. President: I desire a source which would necessarily imply to move to amend, by striking out the that the subject is a qu-estion of consideralatter part of the resolution, that is so ble importance to this body, at least I much as provides for the publication of think that as this resolution will apply to the names of those wvho are absent at roll all the members of this Convention, that call. It seems to me that a provision of we should take no action until we have a this sort is below the dignity of the House. fuller House. I am aware that consideraIt is dealing with its members as though ble complaint has been made here in conthey were a set of unruly school-boys, sequence of the small attendance to-day. and its dperation could only work injus- But it must be remembered that this is tice. Gentlemen are detained by over- Saturday, and it is the first time that this whelming and imperative engagements. Convention has ever been in session on They are detained by sickness of them- that day, and before any action is taken selves or of members of their families. If on a matter of so much importance as this, this rule be adopted, and the list of absen- and as we are to pass upon those who are tees publisheed, the reason of the absence absent, it is no more than courteous on would not reach the public but the penalty our part that wllatever we do decide with would. regard to this mratter wvhether it is in the I hope, therefore, that the publication form of a penalty or otherwise, those who will not be approved, and move to amend, are absent should be notified, so that they by striking out all after the word "absen- mnay be present and be heard, and then, tees." if it is decided against theni, they must Mr. WOODWARD. Mr. President: I submit. should be very sorry to propose anything Now I do not share, sir, in the opinion that would be unworthy of this body, or expressed so fully in this body, which is that would not command the just viewvs by no means creditable to it either, and of any gentleman as to what is due to the for one, I am not willing that it shall go dignity of this body. And so, asthis reso- out among the people that we arle here lution wvas intended in good. faith, I beg wasting our time. It seeems to have begentlemen to remember that they were coine chronic with some gentlemnen to sent here in a representative capacity cry out'6Let us go to work!" IWVell, all and to perform a high public duty. If I have to say, is, let some gentlenlan, or they are detained by sickness or other any number of gentlemen here, go to proper cause they can obtain the consent work'-, and put in shape thie materbial that of the Conventibn to be excused from its has been laid upon the table, fully adesittingas by a motion for leave of absence. quate to make a Constitution for each CONSTITUTIONAL CONVENTION. 2S7 State in the Union. It seems to me that the roll, and the result of that call was every State Constitution in the United that a quorum answered to their names. States has been examined and copied I do not think that there is any necesalmost entirely, and sent up as resolu- sity for a measure of this kind. I believe tions for adoption by this body. I have that when we get reports from the differnot yet, however, heard of a condensed every member of thi concise stateent, or an entire Constitul- Convention will feel sufficient interest ill tution gathered from these materials. If the reports of these committees to be i the reports of these committees to be in gentlemen who are not upon cotmittees his seat to hear, and to speak, and to vote are impatient for work, let them go to upon the questions which will then be work, get it up and put it before the pro- presented, and until we have something per comnnimtee. of that kind before us, we have really:Now, sir, the committee that I have the nothing to do. Why, sir, the Committee honor to be upon is a working committee. on Suffrage made a report this week. The We meet generally every day at ten first section has been passed upon without o'clock and sit until twelve. That commit- the report having been printed and laid tee numbers fifteen, and when you have on our desks, and I do not suppose one got fifteen giant minds grasping and grap- half of us knew what it was about; and pling with each other, it is no small matter until we have the reports of committees to harmonize views. [Laughter.] We do printed and upon our desks when these not mean to come in here until we have a matters are called up, so as to have the report that will hold water, a report that printed report before us and the amendwill not be the subject of amendment, for ments which are offered alongside of the it is intended to be perfection in itself, or original propositions, it is utterly impossinearly so. [Laughter.] Therefore, sir, ble for this Convention to be in a working it is a vain, it is a damaging and a useless condition. clamor to be raising here almost constanly clamor to be aiing here alost costanly I say, therefore, that there is no necessity abo~ut this, Convention not discharging for this unseemly haste that is manifested their duty. The attendance upon this here. I trust that no action, at least, will Convention, as a general thing, is full. be taken on this Utter until there is a The only dereliction in that respect that fuller attendance on the part of the abI have noticed, has been on the part of a sent delegates. few gentlemen residing here in the city of Philadelphia, and, perhaps, upon the Mr. Pesident, I move to lay the motion part of a few who reside in the interior, on the table. and get belated at night and cannot pos- Mr. TEMPLE moved to adjourn, on sibly get here in -time. [Laughter.] But, which motion a division was called, reas a rule, the attendance has been full. suiting forty-five in the aflirmlative and This nolning was the only occasion when thirty in the negative, and the Convenit was found necessary to have a call of tion adjourned at two o'clock P. IAv. 288 DEBATES OF THE TWENTY-FIRST DAY. MONDAY, January 20, 1873. Resolved, That this Convention meet on The Convention met at twelve M. the twenty-second of February next, and The Journal of yesterday was read and listen to the reading, by the Clerk, of the approved. farewell address of Washington and the emancipation proclamation co' President COMMJUNICATION FROM THE AUDITOR Lincoln, and on that day agree upon the GENERAL., time when the Convention will adjourn The PRESIDENT presented to the Con- sine die. vention a communication from the Audi- The resolution was ordered to be laid tor General of the Commonwealth of on the table. Pennsylvania, giving, so far as practicable, the information called for by the reso- REPORT OF THE COMMITTEE ON THE LEGlution of this Convention, of date January ISLATURE. 14th, instant, relating to the railroads and Mr. DODD offered the following resolurailroad corporations of Pennsylvania. tion, which was twice read, considered IN'TOXICATING LIQUORS. and agreed to: Mr. PATTON presented to the Conven- Resolved, That the Sergeant-at-Arms be tion a petition from citizens of Bradford directed to place on the tables of members the printed reports of the Committee county, Pa., requesting such action as will prohibit or limit the manufacture and sale of alcoholic liquors as beverages, MINISTERS OF THE GOSPEL. which was referred to the Committee on Mr. BAER offered the following resolLegislation. tion, which was read and referrecl to the THE JUDICIAL SYSTEM. Committee on the Militia: Mr. BRODHEAD presented to the Con- WHEREAS, The Christian church is a vention a memorial from the members of divine institution, and the priests and the bar of Northampton county, Pa., re- ministers ordained and set apart for the lating to the judicial system of the Corn- care of souls: monwealth, and suggesting amendments And whereas, The duties of political and thereto, which was referred to the Comrn- military offices are inconsistent with the mittee on Judiciary. high and holy duties of the ministry; EMPLOYEES OF THE CONVENTION. therefore, Mr. JosEPH BAILY offered the following Resolved, That all priests and ministers resolution, which was read: of the Gospel of our Lord and Savior JeResolved, That the Clerk be directed to sus Christ are exempt from military duty, report to the President, to be laid before both in times of war and times of peace; this Convention, the number, name, duty and they are ineligible to hold a seat in and compensation of all persons employed the General Assembly of this Commonor engaged in any service connected with wealth or a military commission in this the Convention, and by whom appointed, Stte other than those elected by the Conven- READING RAILROAD MONOPOLY. to. Mr. CAMPBELL offered the following The question being, shallthe Convention Mr. CAMPBELL offered the wing resolution, which was read and referred to proceed to the second reading and consid- relution, which was lead and refred to the Committee on Railrloads and Canals: eration of the resolution, it was agreed to. Resolved, That the Committee on RailThe resolution was then agreed to. roads and Canals consider whether the best means of preventing the immense N DIE JOUNENT, mining and coal monopoly now threatMr. IHORTON. offerthe following reso- ened by the Reading railroad company lution, and ask that it may be read and and other corporations, would not be to laid on the table for one week: totally prohibit any railroad or canal cor CONSTITUTIONAL CONVENTION. 289 poration from ever leasing, purchasing or tion, a division was called, and it was holding, either directly or indirectly, any agreed to. Ayes forty-two; noes sevencoal or mining lands in this Common- teen. wealth, or from ever being engaged or in- Mr. NEWLIN. The Convention will unterested in or carrying on any other busi- derstand that this resolution is offered in ness than that of common carriers, &c. obedience to instructions given to the MECI-IANICS' LITENS. Committee on Printing to make a report in regard to the subject. This resolution Mr. HOWARD offered the following is our report, and I hope the Convention resolution, which was read and refered to will act upon it at once, so that the comthe Committee on Legislation: mittee can report and the Convention act Resolved, That the Committee on Legis- upon the contract made with the State lation be requested to examine and report Printer. I am free to say, however, that upon the propriety of prohibiting liens of I am totally indifferent whether the remechanics and material men in all cases ported resolution is adopted or not. except for work, labor and material used The question being taken on the resoluand employed in the construction of new tion, less than a majority of a quorum buildings. voting in the affirmative, it was not agreed LEAVE OF ABSENCE. to. Mr. J. S. BLACK asked and obtained REPORT OF THE COMMITTEE ON PRINTleave of absence for Judge Woodward for ING. a few days. Mr. NEWLIN. Mr. President: I also Mr. NPEWLIN asked and obtained leave offer the following report of the Commnitof absence for Mr. Addicks until Wednes- tee on Printing: clay next. To the Constitutionat Convention: Mr. TURRELL asked and obtained leave of absence for Mr. Davis, of Monroe, for. The Committeee on Printing and Bindo.f absence for Mr. Davis, of Monroe, for ing, to whom was referred the following: the residue of this week, on account ofthe the1 ~ ~ 6' "Resolved, That the Committee on Printing be instructed to make arrangements FURNISHING THE DEBATES TO COURTS. with the State Printer to do all the printMr. NEWLIN. Mr. President: By di- ing and binding of the Convention: Prorection of the Committee on Printing I vided, He will agree to do it in such time respectfully submit the following report: and manner as the Convention may direct, To the Constitutional C'onvention: and on the terms of his present contraot The Committee on Printing and Bind- with the State, and that the publioation of ing, to whom was referred the following: the Journal and of the Debates shall be "Resolved, That the Committee on in volumes of octavo size," respeetfully Printing be requested to consider and re- report: port what persons and institutions other That they have made the annexed conthan members of this Convention should tract with the State Printer, Benjaimin? receive its Debates," Singerly, and recommend its adoption bzHaving considered the same, respect- the Convention. fully report the annexed resolution, and JAMES W. M. NEWLIN, recommend its passage. CG'airmwva.. JAMES W. MI. NEWLIN, THE CONTRACT OF THE PRINTER. Chairman. These presents witness: That whereas, Resolved, That B. Singerly, who is print- the Convention to amend the Constituing the Debates of the Convention, send tion of the State of Pennsylvania did, on copies thereof, in sheets, to each judge of the eighth day of January, A. D., 1873, the Supreme Court, and each law judge pass the following resolution, viz: of the respective courts of common pleas, "'Resolved, That the Committee on Printand each judge of the respective district ing be instructed to make arrangements courts in this Commonwealth, and to with the State Printer to do all the printsuch public libraries as shall make appli- ing and bindingof the Convention: Provication therefor: Provided, That not more ded, He will agree to do it in such time than one hundred copies in sheets be dis- and manner as the Convention may direct, tributed under the express order of the and on the terms of his present contract Convention. with the State, and that the publicatioen The question being taken on the second of the Journal and of the Debates shall be reading and consideration of the resolu- in volumes of octavo slze." 19 290 DEBATES OF THE Now I, Benjamin Singerly, the State The CLERIK. "Provided, That the LegisPrinter aforesaid, do by these presents lature may, bylaw, fix another day for any covenant and agree to and with the Com- county or city, the same being uniform mnonwealth of Pennsylvania, to do all the throughout such county or city." printing and binding of the said Conven- The PRESIDENT. The question is on tion; and I further do bind myself by the amendlment. these presents to the Commonwealth aforesaid that I will execute the said print- Mr. SIMPSON. Mr. President: I trust ing for the Debates and Journal, and such that this amendment will receive the apother printing as may be ordered, in such proval of the House. It is confessed that form and in such type, and to furnish and the question is not one of principle. It is bind such number of copies as may be merely a question of expediency, and ordered, and that I will execute such or- with a desire to have a uniform cay upon ders in the premises as may be given me which to hold the elections in this Comby the Convention or the Committee monwealth. The committee have reon Printing and Binding thereof; and ported in favor of having a spring electhat all the said printing and binding tion upon a particular day. This day, shall be done and executed on the same confessedly, is not satisfactory to large terms and in the same manner as now pro- numbers of the people of this Commonvided by my existing contract with the wealth. In certain localities it will not at State of Pennsylvania. And I further all, so far as suiting the convenience of covenant and agree with the said Com- the people is concerned. In other secmonwealth that if I fail to perform this tions the day may be suitable to their contract to the satisfaction of the Conven- convenience. There being then no question they may, by an order of the Conven- tion of principle involved, and a question, direct printing to be done at my ex- tion of expediency alone being the pense, or may annul the contract. question to rule and govern, why should Witness my hand and seal this twentieth the irrevocable law of this Commonday of January, A. D. 1873. wealth, the Constitution of the State, B. SINGERLY. fix a day so determined that it could Sealed and delivered in the presence of never be changed by any power except JAMES W. M. NEWLIN. by the power of the whole State, eitherin I, James RI. Walker, do hereby bind Convention'or by an amendment to the myself, my heirs, executors and adminis- Constitution? trators, to be responsible to the Common- We have already determined, in the first wealth of Pennsylvania for the faithful section, that the Legislature shall, by a performance of the above contract by the particular vote, have the power to change above named Benjamin Singerly. the day of the general election. WVVe have Witness my hand and seal this twentieth passed upon that, and why shall we fix an day of January, 1873. irrevocable day for an election, less in JAMES R. WALKER. importance than that of the general elecSealed and delivered in thepresence of tion? It has been said here, that one E. P. IRELAND. argument in favor of fixing the day of the Mr. NEWLIN. I move that the report general election, as provided in the first of the Committee be adopted and the con- section, was to prevent the importation of tract approved. voters from other States to vote at our The motion was agreed to. elections. If you fix a spring election for the election of municipal officers of our THE SPRING ELECTIONS. large cities oi the Commonwealth, in The PRESIDENT. The second section of Philadelphia, in Allegheny, ill Pittsburg the report of the Committee on Suffrage and, prospectively, in other large cities that was under consideration and amendment are growing up in this Commonwealth, when the House last adjourned. The there will be the same opportunity for the section will be read for information. importation of voters to rule the municiThe CLERK. "All elections for city, palities that there has heretofore been at ward, borough and township officers, for our general elections. Therefore, I hold regular terms of service, shall be held on that the power ought to be vested in the the third Tuesday of February." Legislature to confer upon the people of a The 2PRESIDENT. To this Mr. Broomall, county or of a city, as the case may be, the of Delaware, moved an amendment, right to determine any other day, if thenr which will also be read. convenience warrants it so being done. CONSTITUTIONAL CONVENTION. 291 And what harm can accrue? If the to pay the expenses of these elections. people of Philadelphia, or of Pittsburg, or Are you afraid to trust the people of this of ]Montgomery or Allegheny, or any community to regulate their affairs for county or city in this Comlononwealth, themnselves? Vote down this amendment, determine a day of holding their spring and you say to the several countiesof this election, most acceptable and convenient State: " You cannot be trusted; you must for themselves, are you afraid to trust be under guardianship, and the State must them with that power? Is this Conven- determine for you that which is best for tionl afraid to say to the people of any your own interests." county of this Commonwealth: I" You are I trust this House will adopt the amendunder our guardianship, and you shall ment of the gentleman from Delaware not determine the day that may be most (Mr. Broomall.) convenient and lmost acceptable to you Mr. ANDREW REED. Mr. President: for holding the election of your minor I offer the following amendment: petty officers?" If you adopt the section Mr. SIMPSON. Mr. President: I rise to as it is generally proposed, without the a point of order. There are already two amendment offered by the gentleman amendments before the Convention. The from Delaware, (:Mr. Broomall,) you colle amendment of the gentleman from Delato that conclusion. You fix, in the irre- ware (Mr. Broomall) is an amendment to vocable law of the State, that law which my own, which is pending. can only be changed by amendment of The PRESIDENT. The Chair is of opinion the Constitution, or by another Constitu- that the amendment of the gentlehman tional Convention, called by the vote of from Philadelphia (fMr. Simpson) to the the people, the determination of the spring amendment of the gentleman from Delaelection, while you give to the Legisla- ware (Mr. Broomall) was negatived. ture the power to change that which is far Mr. SIMPSON. MBr. President: My momore important, the day of the general tion was not voted on, and if the amendelection throughout the Commonwealth. ment of the gentleman from Delaware WThy this distinction, this inviduous dis- (Mr. Broomall) isvoted down, I shallintinction? Why give such importance to sist on my amendment. the smaller election, that you deny to the The PRESIDENT. The Clerk will refer larger and more important one. It seems to the Journal in order to settle the diffito me that the amendment of the gentle- culty. man from Delaware (MIr. Broomall) The CLERK. A motion was made bv ought to commend itself to the judgment Mr. Simpson, to further amend the same, of every member of this House, and that by adding the following proviso, viz: we should, while we fix in the Constitu- -Resolved, That cities may, when authortion a day for holding this election, give ized by law, change the time for holding to the people of the respective localities of the election for municipal officers by a the Commonwealth the right to change to vote of the people at the next general elecanother day, if in their wisdom, and in tion. their wish, they shall desire to put it on a Which was not agreed to. day more acceptable to them, their wants 5Mr. SIMPSON. Mr. President: The Jourand their business. nal is certainly in error, for I intended to There is no wrong or harm done in this; call the ayes and nays on the question, who will be injured by it? Suppose the The gentleman from Delaware (Mr. people of Pittsburg find t hat May will suit Broomall) was willing to withdraw his them better than February, and by a amendment for the purpose of introducing unanimous vote they determine to change mine, but I objected because I wished to to that day; if you give them the power vote upon his amendment if my own to do so, what harm is done by that toany failed. No vote was taken upon my other county of the Commonwealth? Sup- amendment, sir, and the Journal is un pose the people of MIontgomlery desire to doubtedly in error. have their municipal election in March in- The PRESIDENT. The amendment will stead of February, and by a large and be read. overwhelming vote they shall fix that The CLERK. "PruIovided, That the Legtime, what harm will there be in that to islature may by law fix any other day for any other county in this Commonwealth? any county or city, the same being uniSuppose the people of Philadelphia desire fornm throughout such county or city.". havee it on some other day, what harm The PRESIDENT. The question is upon results to the Commonwealth? They have the amendment. 292 DEBATES OF THE Mr. CAMPBErLL. Mr. President: Having would be insignificant compared with the advocated the passage of this section in saving, by getting rid of the kind of men the Committee on Suffrage, and having who manage to get into office now as bobinserted the word "city" in the section, I tails to the party kites at general elecfeel anxious that this Convention, if they tions." propose to vote on the matter, should Soinyesterdcay'sSanday Dispatch,which vote this amendment down, as it emi- represents the feelings of a large number nently affects the city of Philadelphia, of the citizens of Philadelphia, there is a which, under the present system, has no similar article, from which I will also read spring election. It is important to state, a short extract. It is as follows: for the information of this Convention, "The effect of limiting us to a single that it seems to be the pretty general election must be to mix up municipal wish of the people of this city to have a with State and sometimes with federal different day for their local elections from politics, and render our domestic interthat on which they vote for State or na- terests entirely subject to the prevailing tional officers. passions and interests of the great parties. Now on Friday last it was said in de- If we have a separate municipal election bate by the gentleman from Philadelphia, we shall emancipate the voters in their (Mr. J. Price Wetherill,) especially, that choice of local officers from considering the people of Philadelphia did not want whether this good man is in flvor of a ceranother day on which to hold their mnuni- tain other man for Governor or another cipal elections. Now I wish merely to man for President, and measuring his fitcall the attention of the House to a few ness and honesty to do our work by his short extracts from the newspapers of opinions upon a matter of no consequences Philadelphia, published since we had the whatever in the management of our own debate in this House on Thursday last. affairs. Whetherwehave salaried officers On Thursday evening, the Bulletin, a par- or not in the State House row; whether ty organ, came out in a long leader fa- "rings" make the nominations or not for voring the holding of the election for mu- the dominant parties, every citizen will nicipal officers in the spring. On the at least have a chance to act with some inSaturday following (last Saturday) the dependence at a local election. Mr. WVethPhiladelphia Ledger contained an article erill, as we think, does not represent the to the same effect. That article, which is sentiment of Philadelphia in his views very short, and will not occupy much upon this subject." time, I will read. And again: "'Vhile the subject of elections is before;Under this law our elections "-that is, the Constitutional Convention, it is perti- the election law granting spring elections nent to say that there are two points con- in 1854 —" under this law our elections cerning which the Convention can do a were conducted to the perfect satisfaction great service to the city of Philadelphia, of our citizens until 1861, when, on the while doing exact justice to the rest of twenty-first of March, the time of the the Commonwealth. The first can be ac- municipal elections was changed fiom complished by placing the city under the May until October. Mr. Simpson assumes same election laws as apply to all the rest that this alteration was made in accordof the State. This will release the city ance with public sentiment manifested to fronm the curse of the special election laws, the Legislature. Such is not the fact. The from which we now suffer, and rid us of law was altered in order to keep in office the board of aldermen, and the scanda- from six to eight months beyond their lous election officers they select, who alter terms certain city officers, whose times and fabricate returns so as to award elec- were extended by the act itself, who were tion certificates to whoever they please, fearful that they could not obtain re-nomregardless of the votes cast. The other is ination, and who were perfectly willing to to separate the municipal elections from put several thousand dollars more in their the general elections. So far as this city pockets than they would have had if the is concerned, the only material objection May election had been held. The cost of to this is the alleged extra expense of two the spring election is a mere bagatelle in elections instead of one. If we get rid of comparison to the cost of a fall election of the aldermen and their canvassers, the municipal officers, which is conducted two elections can be held for what it costs solely in the interests of federal and State to hold one at present. But even if it politics. A majority of good, honest men, should cost double the increased expense who might be elected to councils at a lo CONSTITUTIONAL CONVENTION. 293 cal election solely, would save more to which the national and State elections are the city in the course of their official ad- held. ministration than would pay for the cost I hope this Convention will vote down of twenty elections. If the Convention this amendment, so as to give the people desires to do justice to Philadelphia it will of this State, who are specially interested emancipate us from a thraldora which in this matter, an opportunity of electing can only be maintained by giving to their municipal officers free from the concliques the advantages which they now trol of State and national politics. have under the single election system." Mr. ANDREW REED. Mr. President: I I also hold in my hand a letter from offer the following amendment: Mr. William Henry Rawle, a prominent "Provided further, That the time so officer of the Municipal Reform associa- fixed shall not be within two months of tion of this city, which is as follows: the time fixed for the general election." 710 WAJLNUIT STREET, R The adoption of this amendment will P 710 HILADELPHIA San 18, 1873. have the effect of permitting each county M DEAR SI-In aner to to fix the time that will be best acceptable qu eas to the views of the uniiayour Re- to it for its elections. There is great force quiry as to the views of the Miunicipal Rein the argument of the gentleman from form association cn the subject of spring The ofoielections, I reply that it was one of the cers of each county and of each township earliest subj ects which attracted the atten- concern the people of thand of each township tion of the association, and the best evi- to i lence of their views will be found in the the to shps only, and not the people of the State. To the people in a lumberbill which I now send you, which was pre-. d. T i - ing district it may not be suitable to holdl sented to the Legislature last winter for an election at a certain time. The people p Respectfully yours of Chester county may want one month; R u. HENl RY RANVLEs, the people of my county may want anWJMoiEN H. CAWIPEELL. other. By this amendment they can have the time that suits them. And then, That act was presented by the'Munici- again, Mr. President, we will also have pal Reform association, representing a two elections. We are not without a little large body of voters in this city, asking experience upon this question. There from the Legislature the privilege of hold- should be two elections. The election of ing our municipal elections at a different township and county officers should be time front the elections for State and na- separate from the fall and general electional officers; and it is a very great argu- tions. Party feelings run so high, that if ment indeed against the adoption of this these township elections for petty officers amendment of the gentleman from Phila- are held on the same day, the persons delphia (Mr. Simpson) that the Legisla- who are nominated by the dominant party ture in that instance refused the people will elect their officers; whereas, if the of Philadelphia the right of holding their elections are held at a different time the municipal elections upon a different day. people will get together, as is the custom If the amendment now pending passes now, and elect those who are best qualiwhat will be the effect? Any city or any fled to perform their duties. county that wishes to have its elections A few years ago the Legislature of our upon a different day must go to the Leg- State abolished spring elections, and reislature and have an act passed providing quired that all the elections should take for the holding of their municipal elec- place on the same day. What was the tions upon a certain day. Here is an in- result? The very result that has been stance of how the Legislature treats such depicted here. Party nominations were applications. The very time that the mu- equivalent to the election of officers, and nicipalities would wvant to have their elec- the result was that such a load of eremontions held wTould not be granted by the strances went up to the Legislature of the Legislature, and I, for one, think it is the State that the law was changed. WTe best thing for this Convention to fix a cer- should profit by this experience. Under tain day, whether it be on the third Fri- the amendment which I propose each day in February, or in March, or in May, county will have the fixing of its own or June or any other time, provided it be time, and yet we will have the day suffinot too near the general election. It is a ciently remote from the general election nmatter of indifference to me provided we that party feeling -w\ill be kept out, and have a day separate from the day upon those best qualified will be elected. 29' DEBATES OF THE MJr. CAnTER. Mr. President: I am very They say, in reply to this, that no danger loathe, indeed, to occupy the time of this of corruption will arise, because there will Convention in further discussion of this be no motive, no money in it. question, and most assuredly would not I hold that it is not difficult to perceive do so unless I thought that it was abso- that there is and will be money in it. 1 utely necessary to give expression to some When some corrupt men, desirous of holdv-ie ws in which I differ so radically, so en- ing some of these offices, know they have tirelyandsofullyirom the gentleman from no chance before the people on their own Philadelphia(Mr. Simpson.) He seems to merits, they will be disposed to ride into think that this is a m ere question of expedi- power upon the summit of the party nain e. ency. 1 regard it eminently as one of great They will contribute money; they will importance, and one of principle. In my use all kinds of influence. They will, unestimation the principle that the munici- der all plausible pretexts, endeavor to inpal should be dissevered from the State fluence legislation, and may succeed in and general elections is, perhaps, second their efforts. The time may be changed to but few things that will come before from the spring to the fall. In this manthis Convention. As the gentleman from ner men who cannot commnland the confiJuniata (Mr. Andrew Reed) stated, when dence or win the respect of their fellow the law was repealed, fixing the time for citizens, will be forced upon the people thle spring election, a trial of one or two through the influence of party power, and years so fully convinced the people of the receive party nominations. We all know country of its bad effects that it was again how easy it is for men to be elected when chlanged, with universal approbation, so they have secured the nomination. "Stick thr as I know, of all good citizens. to your tickets, boys; don't scratch them; I think it is not right, sir, to discuss you will'peril the State and nationaltickthis question as one of mere expediency, et i" Money will be needed, and when or, as some gentleman said, of a fancied the people become disgusted with this symmetry, to.have it all on the same day. they will arise in their might and ask The committee that reported this section the Legislature to change it to some other vie wed the whole mlatter from a high day. Not merely frolm this city wvill the standl-point. It has also been said that if cry go up, but froml every part of the Conlfixed in the spring, this city and other monwealth. Although the municipal ofcities would be annoyed by the importa- ficers will not be so imlportanlt to the pubtion of voters. Gentlemen shouldeconsider lie, yet they will be important in the opinthat matter will be changed, and that ion of parties who wish offices, for they difficulty will be removed, because the may look at them as the stepping-stone Committee on Suffrage will report in favor to something higher, and they will move of sixty days' residence, and no doubt this heaven and earth to have the election upon Convention will adopt such a report. the same day as the general election, as Should that be the case the danger from they will probably stand some chance of importation will, I am sure, be, to a great succeeding. extent, removed. In view of such a state of facts, then, I But there is another principle involved claim there is a principle, and a very imin this matter. This Convention, sir, will portant one, involved in the proposed be as certain, I think, of acting in the di- amendment. It is important because it rection of substituting general laws and strikes a blow at the evil we are endeaNvorgeneral legislation, in place of special ing to remove-the doing away with spelaws and special legislation, as of intitu- cial legislation. All these considerations ting any other reform that may be pro- have much weight with me, and I hope the posed. section will pass. The amendment offered by the gentle- With reference to the amendnment of the man from Delaware, (Mr. Broomall,) if gentleman from Juniata (Mr. A. Reed) I it should prevail, re-opens this whole have only to say that the time he prothing. The gentleman from Philadelphia ses which shall elapse between the mlu(Mr. Simpson) seems to think that there nicipal and the general election is too is nothing undesirable in this continual short. Political excitement we all know submission of this question to the Legisla- commences to run high long before the ture. I see harm in it, because it violates general elections; all these minlor issues the principle which we are endeavoring would be raised to the surface, and there to estabiish —general legislation instead of would be a political boiling like the special. witches' cauldron in "Macbeth." The CONSTITUTIONAL CONVENTION. 295 two elections should be separated by a nicipal elections, so as to separate the wide gap of at least six months. time of holding that election from the One word, in answer to the gentleman time of holding the State and federal from Philadelphia, (Mr. Simpson.) He elections. But it seems to me that unless says this date does not suit the country an amendment is adopted, something in districts. I deny that, so far as I have principle like that of Mr. Broomall's, we anv klnowledge. In committee this whole Twill, in a measure, defeat our own purpose. 1m1atter was talked over thoroughly and I do not understand that it is a true part of fully. Just here I would beg leave to say the function of a Constitution to designate this much: That when a committee of specific times and places for doing acts fifteen, or any large committee, being comrn- which are clearly within the purview of posed of men representing all the respec- the Legislature to appoint. It may seem tive interests of the country, after fully to us to-day, with the lights that we have discussing a subject and passing upon it, before us, that a certain day in February it is safe to presume that they have some is a very proper day for holding these reason for their decision. It is said that one municipal elections, but it does not follow man may be wiser than any other man, but that after two or three years' experience is not wiser than all men; nor do I believe that time may not be found to be a very that any one man is wiser than fifteen men improper time. Therefore I desire to in this body, and I hold that the report of leave with the Legislature the option of a committee is entitled to some considera- designating the period, while we preserve tion. WThen it came before the commit- the princple of separating the municipal tee of the whole it was the third Friday in elections from the general elections. March, but, at the suggestion of the gen- If an amendment, something like that tlemlan from Philadelphia, (Mr. Stanton,) of the gentleman over the way (Mr. An-it was fixed for the third Tuesday. That drew Reed) is adopted, although I think was a matter of detail which we did not his time is too short, it certainly ought trouble ourselves about. It was a matter not to be less than four months, we preof expediency. It makes no particular serve the principle of separating the mudifierence whether it is Tuesday or Fri- nicipal from the general elections; and day, and hence none of the committee re- we allow the Legislature to take cognijplied or said anything about it. The sug- zance of the local sense and wishes of the gestion was accepted in silence. different sections of the State to appoint Mr. ANDRElW REED. I would wish to just such days as are desired in the differchange my amendment, so as to make it ent counties and townships. read three months instead of two. I, myself, prefer, for reasons that will Mr. CARTER. ~Well, sir, I still believe readily suggest themselves to most gentlethat the gap of separation between the men, to have one uniform day, but I municipal election and the general elec- would not arbitrarily, where I could get tion should be kept as wide and distinct the body of the principle preserved, inas possible, that they should be as far sist upon securing the same day. It asunder as circumstances will permit. certainly has advantages. It does, unBut, to conclude the idea with which I doubtedly, prevent voters from going started. The gentleman says that coun- from one township or county to another. ties disagree in regard to this, some pre- But a specific day in February, if adoptfering it at one time and some at another. ed, may be a very inconvenient day for That is not my opinion. 1We have, on the many portions of the State. Committee on Elections, Suffrage and I would prefer, therefore, while emRepresentation, four or five gentlemen bodying in the amendmlent the principle who represent the lumbering interests, — as in that of the gentleman from Delaand they have in committee dissented, as ware, (Mr. Broomall,) to leave to the well as by their votes in committee of the Legislature the duty of appointing a day, whole dissented from the views expressed it first having ascertained the wishes of by the gentleman (Mr. Simpson.) We the different sections of the State. The must agree upon some one day; hence, I amendment ought to set four months as hope this amendment will be voted down. the time between the elections-local and Mr. BIDDLE. Mr. President: I desire general-which would be time enough, to say a few words upon this subject. I and not too much. It would so far sepafeel, and I presume it is the sense of the rate the elections that all causes of excitewhole Convention, that it is very import- nment and irritation attaching to either one tant to change the time of holding mu- would be kept away from the other, and 296 DEBATES OF THE that would enable us to elect municipal each county, and we will, in this manner, officers on the principles on which, alone, reach a result that will in every mlay meet they ought to be elected-personal esx- the wishes and the necessities of the peocellence and the wishes of the voters with ple of the different sections of the State. regard to the candidates themselves, with- Mr. ANDREW REED. I would like to out any political issue being involved. gratify the gentleman, (Mr. Biddle,) but I feel a doubt also in regard to another 1 had it originally at three months, and at subject. Does the amendment, as it is the solicitation of several gentlemen who framed, go far enough? Does it necessa- preferred a shorter time, 1 changed it to rily include all county officers? Does it two. The time now fixed by the general include prothonotaries of courts —if it be law is February, which is three months the desire of the Convention that they from the general election day appointed for should be elected? That consideration the whole State. For myselfI have no speopens up, at once, a new subject. It may cial wish in the matter. The Convention be that this Convention, in its wisdom, can act as it sees fit in regard to it. My only may hereafter so frame the organic law anxiety is to see something done that will that the prothonotaries and clerks of the be acceptable. I have no particular decourts may be appointed by the courts sire to force any special day upon the whose business they attend to. If that Convention for adoption. The present course be pursued, of course that consid- time, by the general law, is three months eration takes care of itself. But if the and I do not care to curtail it. prothonotaries are to be elected by the Mr. CUYLER. I confess my surprise people, there is no reason in the world that there should be a lingering doubt why they should not be elected at what is existing in the minds of members of this called the municipal election. On the Convention, as to the propriety of two contrary there is every reason why they elections, as to the desirability separating should be. Why should the election of the election for municipal officers from prothonotaries, registers of wills, or re- the election for federal and State officers. corders of deeds-and they all stand in That much bad government and misrule the same category-be involved in any has been perpetuated in the city, which I qhestion of State or federal politics? have the honor to represent, on this floor, Surely these offices are of as vital impor- I think every impartial person, and every tance as any of the municipal offices; then disinterested citizen of Philadeldhia will why not include all this class of offices, bear me witness. the sheriffs,the county commissioners, &c.? The specious argument that a federal or Why not, while we are about it, express State election is at hand; that we cannot our determination to separate, absolutely, afford at such a time, to depart from the the discussion of the qualifications of local rigid ties of party, that however much officers, who have merely local duties to we may condemn individual nominees in perform, from all political influence, ma- any particular instance, we can not afford king them absolutely independent of po- to vote against them, because by so doing litical opinion, and reducing the issue in we shall imperil a great principle insuch cases to the simple and straightfor- volved in the election of the federal or ward questions, "is he honest?" "is he ca- State ticket, has been used so often, so pable?" and "is he a friend to the Consti- triumphantly, and so ruinously, in the tution?" It seems to me that every reason city of Philadelphia, that no disinterested that could be advanced in favor of elect- observer can, for a moment, doubt what ing what are called elective municipal of- the course of this Convention ought to be. ficers at different times and different I have seen —we have all of us seenplaces from the general State and federal convicted thieves and felons elected to election, clearly point to the propriety of office, in this city, by the votes of high including the officers I have named; and minded and honorable citizens of PhilaI hope the amendment will be so modified. delphia, because the power of party was I would suggest to the gentleman over so strong that gentlemen could not' rise the way (Mr. Andrew Reed) that he above it, to cast their votes in accordance make the time at least four months in- with their consciences, instead of in acstead of two months. Two months is too cordance with the requirements of party short a time to divide these elections; politics. three months is not long enough; four Contemplate for a moment what is months, however, will besufficient. Then wrapped up in a municipal election in allow the Legislature to fix the day for the city of Philadelphia. That city has CONSTITUTIONAL CONVENTION. 297 nearly one-fourth the population of the of politicians. There was too much at State; it has nearly one-fifth the assessed stake here for them to lust for to permit wealth of the State. Its municipal legis- that state of things to continue. They lature legislates upon questions that m-re must interfere'with them. They must vitally affect the happiness, the personal take away these spring elections and, apcomfort and the enjoyment of life of the pealing to the Legislature to abolish it, citizen than any question which ever must place us where we would be brought comes before the Legislature of the State into contact with all those influences that or the Congress of the United States. All surround the fall elections. that has to do with the comfort of our I therefore am wholly and heartily in homes, with the laws of our city and the favor of having as absolute a separation as protection which they afford to life and it is possible for us to procure, between property, with the lighting and cleaning the election of those officers who have to of our city, with all the innumerable mat- deal with the administration of municipal ters that conduce to comfortable living affairs and those who have to deal with and enjoyment of life, rest in the hands our State and federal politics. So far as of our. municipal legislature. That mu- the particular amendment to the amendnicipal legislature levies more than eleven ment is concerned, I was one of those who millions of dollars of taxes, far exceeding suggested to the gentleman who offered in amount the tax levied on the Common- it (Mr. Andrew Reed) a modification of wealth at large. It touches us, therefore, the time from two to three months, but, in the largest possible degree, in our pro- upon reflection, I agree with Mr. Biddle, perty itself as well as in the enjoyment that a longer time is demanded, and I of that property. think that four months becomes importWhy, then, should the citizens of Phila- ant. I trust the gentleman will consent delphia not have the opportunity to re- to have the amendment so modified. move from their local elections all influ- The objection to the original amendences of State or federal politics, of sitting ment of Mr. Broomall was that while it calmly down and asking themselves speciously held out attractive promises to whether those whom they propose to elect us, it left us wholly at the mercy of the to offices of honor and trust are fitted to Legislature, and this we can remedy by perform the duties of these offices faith- the amendment now pending. fully, honestly and efficiently? Is it not Mr. BROOMALL. I desire to ask whether of all possible importance to the tax-pay- it would be in order to modify my amenders of a great city like this, that these ment, by accepting the amendment of questions of great —even of vital interest- the gentleman from Mifflin (Mr. Antouching so closely their happinsss and drew Rsed.) their property, should be separated from The PRESIDENT. It will be in order. all other questions whatever? There Mr. B:ROOMALL. I will then accept the ought to be a time when we can sit down idea of the gentleman from Miffliin (Mr. and review our position as a city calmly Andrew Reed) in regard to modifying and dispassionately, without feeling the my amendment, and inserting four force of any influences that may affect the j*months instead of three months. soundness of ourj udgment with reference This, it seems to me, will meet the views to our votes and with reference to the ef- of the gentlemen who have addressed the fects which these votes may produce, so Convention upon the subject, most of that we may not in our anxiety for the whom desire a longer time than three success of a political party or a political months. I agreewith everything that has issue, do that which our calmerjudgmnent been said about keeping the two elections and more mature reflection upon our ma- entirely separate, and having them so far terial interests would teach us not to do. apart that one will not influence the other. We have tried the experiment. This city I have very little choice as to whether the has had separate elections before now. In amendment, as modified, is carried or not. 1854, and in 1857 and 1858, we had a spring I know that in many counties of the State, election in the month of May, and I think and especially in my own county, there those who recur to the experience of that would be a disposition to retain the power election will bear me witness that it was to make the change, but the day suggestfound to work wisely-that it created a ed suits the people of my district, as far certain independence of party politics in as I know, well enough. I trust that the the administration of local government. vote upon this question will be a test vote That, however, did not suit the interests upon the question whether the Legisla 298 DEBATES OF THE ture is to have the power of changing to fix a certain day for elections for one the time of election or whether it is to be county, and another day for another counfixed upon the same day throughout all ty, there will be fifty, or even a hundred, the cities and counties of the State. different laws in regard to the time of The PRESIDENT. IS the amendment to holding municipal elections. I think it is the amelndmlent withdrawn? highly important to have a uniform time Mr. ANDREw REED. I do not withdraw throughout the State in which officers tile time designated in my amendment, shall take their seats, and a general law viz: Three months. by which to accomplish this purpose. If The PRESIDENT. The gentleman can different days are selected for all the vamnodify the amendment, by striking out rious counties in the State there wsill, of four months and inserting three. necessity, have to be as many laws re-guMIr. ANDREW REED. I then make that lating the holding of the elections, or the motion. time at which the officers of any particnIMr. CARTER. Mr. President: I am en- lar city, township or district shall assume tirely opposed to the amendment, because their official position. It seems to me it is not calculated in its nature to remedy that our Philadelphia friends ill the Conthat evil which we are seeking to correct. vention have been endeavoring to give us We areare already entering the time of po- some instructions in regard to elections. litical agitations, and it strikes me if we In other parts of the State it would seem really and sincerely desire to effect re- that we are altogether innocent, for we form ml our elections that we should keep certainly are unacquainted with all the our elections six or seven months apart election firauds, such as repeating and balfromn the federal election. I hope this lot-box stuffing, complained of so much Convention will not open the doors to spe- here in Philadelphia. It seems to be conaial legislation unless it becomes absolute- fined entirely to this city, and we are lv necessary. somewhat afraid, if the Convention de1Mr. IANDREW REED. The gentleman cides to create different days of election Mwho last addressed the Convention has throughout the State, that we will suffer said that these elections should be six or the same evils of this colonization of voseven months apart. I would like to tersswhich has been referred to so often know how they could be seven months on this floor. apart, for, according to my idea of the We want to avoid this probability, if it year, it is composed of but twelve months, is at all possible, and not incur the danger and it would be utterly impossible to of having our section of the State colonmake the elections seven months apart. ized by another in times of important Six imonlths is the furthest number we can' elections. In fact, although it has never adopt, and if such an amendment was been suggested, yet I have heard it inadopted the election would fall on one timnated much nearer home, that this has particular day. Three months will take already been done, and some of us believe the election to February, and if we make it. But, Mr. President, in regard to the it four months, why that will bring it to amendments that have been offered here March, which month, we heard on thi allowing the Legislature to fix different floor the other day, when the main resolu- days for the elections in the different tion was being discussed, would not be counties, I must say that I am opposed acceptable to the lumber and certain to them. I am still further opposed to other counties of the State. I think, iMr. the amendment which proposes that these President, without enlarging further upon elections shall not be within four months the remarks I have already submitted to of the general election, for I am satisfied the Convention, that three months after that it will not be as acceptable to the the general election will be a time accepta- people of my part of the State, and parble to all the interests of the State. ticularly in my own county, and the cities Mr. EwING. Mr. President: It strikes of Pittsburg and Allegheny, as if the nie that when the committee reported whole matter was left entirely open. this section they acted very wisely. The Some of the members in this discussion reasons for having a general day of elec- have said that if the time of holding these tion for municipal offices throughout the elections is not distantly removed from State are numerous. We want, in the first the time of the general election, that all place, to avoid all local legislation as far the turmoil and political excitement acas possible, and now, if the Convention companying a general election will be leaves this matter open to the Legislature the result. Nlow, sir, is that the fact? CONSTITUTIONAL CONVENTION. 299 My observation has been that immedi- however, that this might be done in 1a ately after a general election has taken little more concised form than either the place there is little or no political excite- proposition of the Committee on Suffrage ment, and that it is the quietest time of or any of the amendments that have been the entire year. The local election inthe offered upon the floor. I do not intend city of Pittsburg occurred just four weeks to make a speech upon this subject, but after the presidential election last year, simply to read what I have placed upon and the city of Allegheny held its election paper, which I think will accomplish all two or three weeks later, and yet I yen- that is desired, and which I intend to offer ture to say that at no time in the history upon the proper occasion. of those cities has there been an election Elections for city, county, borough and held during which there has been less township officers shall be held in the reparty spirit, and where the people paid spective cities and counties at such times, less attention to their party ties, than in not within three months of the time fixed these late elections in that part of our for the general election, as the LegislaState. There never was an election held ture shall by law prescribe. in the State in which less attention was This will accomplish the idea which is paid to it, and, as a consequence, we were sought by several of the speakers, to sepaable to elect better men than we would rate the general from the municipal and have been six months afterwards. This county elections, and yet will leave it to has been our experience, and I cannot see the Legislature to fix whatever day swill any good reason for changing the provi- be imost convenient for the counties and sionl as it now stands and as it was report- municipalities which may ask for any ed by the Committee on Suffrage and particular time. One day will suit one Election. county, another day will suit a diffterent Mr. MANTOR. BMr. President: I desire county. But let all the elections in the to say a word on this amendment. There county be on the same day. seems to be a conflict of opinion existing I propose to offer this amendment when between our friends from Philadelphia the others are disposed of. in relation to the time of holding this Mr. SIBiPSON. Mr. President: I did spring election. I would say for one, as a not intend to make another speech upon representative of the western counties, this question, and would not add another and I believe I speak the sentiment, too, word to what I have already said were of a very large majority of those counties, it not for the extraordinary statements that they desire this question so decided, contained in the remarks of my colleague that there shall be a uniform day for from Philadelphia (Mr. Cuyler.) I feel holding this election, whether it shall oc- called upon, in behalf of the fair fame of cur in the month of February or in the Philadelphia, to deny these statements month of March. For my own part, I am in totoe. I deny that any convicted felon in favor of placing this matter as far re- has ever been elected by the poople of this mnoved from the Legislature as it can be. city to any office. We had, it is true, I do not desire to occupy the time of this spring elections, commencing in June, Convention at this time with any argu- 1854, under the act of consolidation, and menlt upon this subject; I only desire to continlued from May, 1855, down to 1860. say that I think I speak the sentiment of And who does not recollect that there was a very large majority of the people of the taken from the people, by the Legislawestern portion of this State, when I say ture, dullllril the time of holding these that they desire, first, that the time for very sl1pring elections, the appointment or holding the spring elections shall be de- electioll ci iembers of the board of guardcided by this Convention and removed ians of the poor, of prison inspectors, and from the Legislature, and, second, that the of mem bers of the board of health. Why? day for holding that election shall be uni- Because the men who were selected in the form throughout the Commonwealth. various wards to fill these different posiMr. DARLINGTON. Mr. President: I tions were so notorious in their character would not pretend to make any further and so prostituted the offices to which they remarks upon this subject, but I canneot -were elected as to make them a reproach close my eyes to the fact that there seeni; to tile people. That was when we had to be a very considerable majority of this sprilng elections, sir, elections far removed Convention in favor of separating the i'rt)nl the influence of politics, and when county, city, township and borough elee- tile general election was not an involved tions from the general elections. I think, question. Yet in 1860 the Legislature, I Ri-~*) DEBATES OF THE think wisely, abolished that election, and polls to vote. He deliberately stood up we have had no such public reproach and scratched his ticket, as he said, to obsince. viate the disagreeable necessity of voting I only rose more particularly, Mr. Pre- for a gentleman whose name was on the sident, to deny the assertion of my col- ticket, and at the same time said that froml league, (Mr. Cuyler,) as no other Phila- party necessity he could not vote for the delphian saw proper to do so, that Phila- opponent of the man whose name he delphia was in the habit of electing con- erased fiom his ticket, although he bevicted felons to office. lieved him to be eminently fitted for the Mr. TEMPLE. Mr. President: I desire position for which he was a candidate. to say that I thoroughly agree with the You will see that there are times when report of the committee. For my part I the people of Philadelphia, although they cannot see any good in any of the amend- go to the polls and vote, do not express ments that have been offered. It seems their honest sentiments. VWe all know to me to be the desire of, I believe, a very the infirmities of human nature. We large majority of the honest voters of the know we are all constituted in one direccity of Philadelphia to separate the ele- tion. We want to elect the person who is tions in this city, and to have all of our nominated by our party for a high and nunicipal officers elected or a different honorable and responsible position, and day from that on which the State and na- we overlook these minor offices. It is no tional officers are voted for. unusual thing in the city of Philadelphia, It shall be no part of my duty, neither and I desire to call to it the attention of is it my desire to speak harshly of any our friends from the country, that men of branch of our city government. I will the lowest character are nominated for not re-iterate what was said here a few office by both political parties. There is days ago in reference to the councils of the no doubt about that. The great majority city of Philadelphia, because I know that of the office holders of the city of Philathere are very many good and honest citi- delphia-I mean those who have held our zens of Philadelphia representing her in city and county offices of trust for the last both branches of our city council. Nei- ten or twelve years-are men whom no ther will I undertake to say at this time, one of us would trust in a business transill justification of Mr. Cuyler's remarks, action. Not one of us would so trust that there has ever been a felon elected them. But they secure party nominato a position in this citr. But I will go so tions, and then they cry, " the party will far as to say, and I think that in so doing be defeated if you defeat us." It is then I will be borne out by the judgment of a said, "if you defeat me, my friend will mI1ajority of the people of the city of Phila- turn around and defeat the persons you delphia, that there are men who have want elected," men who are honest and been elected to office in this municipality, who ought to be elected. and evento high official trusts who should How are we to obviate the difficulty? have been in the penitentiary if they have I sincerely believe that if we separate not been there, and who should have been our elections, if we give the people of convicted if they never were placed in Philadelphia an opportunity to vote for the felon's dock. There is no doubt of' municipal and county officers on a differthe fact that many have only escaped de- ent day from that on which the State and served punishment by formal technicali- national elections are held that this diffities of law, and this I suppose even my culty can be obviated. I remember very colleague (Mr. Simpson) will not deny. well the time of which my friend from This is not owing, however, to the people Philadelphia (Mr. Simpson) speaks. But of Philadelphia. They are not responsi- in those days there was a different classof ble f'or this state of things. That responsi- men in our city legislature. I renemn ber bility rests with a class of people known in when Mr. Cuyler was there. I remember this city and in all other large cities as when the late George M. Wharton was in "trading politicians." I need only refer our city council, and I suppose it is not to one instance that occurred in the last disparaging to the gentlemen who hold three or four months in the city of Phila- this position now, to say, that we all know delphia. It was just on the eve of the that the gentlemen who held the position presidential election when a certain gen- of city councilmen, in Philadelphia, in tleman of distinction and honor in this those days, were better fitted for their community, a representative man of trusts than they are at present. I believe large and varied interests, went to the that if there was a meeting of our coun CONSTITUTIONAL CONVENTION.,G1 cils called to-day that they would have But if you adopt the report of the comto go beyond the city of Philadelphia to nlittee and fix a uniform day for holding find some of their members. It is a elections, from one end of the State to the notorious fact, it is in historical proof, other, you defeat all this organized systhat they would have to go outside of the tem of fraud as far as the importation of city of Philadelphia if they wanted to find foreign and unlawful voters is concerned. some of their members if they were to If we have fair election laws persons do call a meeting; and articles of impeach- not have an opportunity to emigrate from ment, I understand, are at this moment one portion of the State to another. It is preferred against some of them, because the only way by which we can have an they have been indicted by a grand jury expression of the will of the people of this county for keeping gambling through the ballot-box, and for that reahouses. son, and for the reasons I have stated, I In thus speaking I do not refer to the am in favor of the original report of the great majority of our city councilmen. committee, and against these aniendThey are reputable citizens. Three of Inents. them are in this body, and they are good, Mr. SMITH. Mr. President: I suppose honest and true citizens; men worthy to that if any one particular subject, more represent the people in either branch of than any other, influenced the people of that body. But we all know that there this State in calling this Convention toare a great many bad persens elected to gether, it was the evil of special legislathat position as to all others. Now it is tion. Yet here is a proposition to authoran easy matter, if you refer this matter to ize the Legislature to legislate specially, the Legislature, and give it power over at all times, on a matter that has given the time of holding elections, for that about as much trouble as any other subbody to change the day of holding the ject, and which is most dangerous and election and make as many different pernicious-the subject of local elections. lays of election as there are counties in Members of the Convention, 1 find, are the Commonwealth. What will be the fully impressed with the importance of result of it? It is easily explained. In restricting special legislation on this subevery county in the State when a person ject. Other States have done much in is defeated for office, he would rush up to this direction. In Illinois they specially the Legislature and say: "I want the included in the list of things upon which day for holding our elections changed," the General Assembly shall not pass speand it would be so decided. That is often cial laws this very subject of the election done. Gentlemen on this floor, expe- of city, borough and township officers. riencedin the legislation of Pennsylvania, That must there be done by general laws know that it is a fact, that politicians, and general provisions. In the considerawhen they are defeated in certain coun- tion which the Convention there gave to ties for office, will rush to Harrisburg and the subject of special legislation, they desay to their friends: " I want the day for termined that neither in whole or in part holding elections in our county-changed;" should the Legislature, by special laws, and it is done. affect this question of local elections. What would be the result of different I find, also, in looking over the report days for spring elections in the various from the Committee on Legislation that counties and municipalities of the Corn- this subject was before them and they monwealth? Why if you hold an elec- recommend the abolition of all special tion in this city in February, and in Pitts- legislation, and if the proposition, as it burg in March, there would be no such comes from them, is adopted by the Conthing as holding a fair election on either vention, it will be of no effect in case the day. It would be utterly impossible. amendment now pending is passed, but'When Pittsburg was ready to vote all the Legislature will in the future, as they the emisaries of the politicians would be have done in the past, make election laws in Philadelphia, and they would take out for every county in the State. to Pittsburg the men who here corrupt The gentleman from Indiana (Mr. the ballot, to there defeat an honest ex- White) has introduced a series of resolupression of the people's will. The same tions, which have been referred to the influence would control Philadelphia, Judiciary Committee, and among them is and might probably reach the city of one forbidding the passage of any local Scranton, where I believe fraud has been law regulating the election of borough or introduced as an element of electielna. township officers. 302 DEBATES OF THE Two other gentlemen have introduced source than the learned and distinguished similar propositions, which I have noticed gentleman from the First district, (Mr. among the resolutions which have been Biddlle,) that in fixing the day of holding offered in Convention. It seems to me ourspring electionswe encroach tooclosely then that the sense of the Convention is upon matters of legislation, and exceed clearly against special legislation, and if what should be a limitation of constituwe remit this question again to the Legis- tional provision. latura we will defeat one of the purposes Now, sir, we have already fixed a day for which we came here, which is to make for holding our fall elections, and in doing general laws and put an end to this sys- so the Convention has already determined tem of special legislation which has been this question, and if it be a mistake it is the bane of the State for years. one already made. But I do not think it I therefore will oppose this amendment. a mistake. If the Convention can fix a I do not quite like the day proposed in month as the period in which an election the section. We in Pittsburg would rath- shall be held, or can limit the Legislature er have the election on the second day to ten months in the year, why may we of January, but if the day suits the people not name the day? And why should a all over the State better than any other Convention that has come to be called in day, that is a question that will come up advance-and I hope the end may justify hereafter. For the present I will say that the designation —a "reform" Convention, I hope this amendment will be defeated, not seek to accomplish a measure of reand a section fixing the day for borough form in elections, even if it requires us to and county elections will be passed by fix the days for holding them? this Convention. Now the objection to which I allude, as Mr. DALLAS. Mr. President,: I desire suggested by the gentleman fronm Philato add but a very few words to this al- delphia, (Mr. Biddcle,) I think is anready very long discussion. I have heard swered by re-calling the main purpose of nothing, for mIn part, in the discussion a Constitution. It is to fix our governwhich has taken place to change the view mental system in all cardinal points, and I originally took of it, that is, that upon in doing this the first thing to be cleteithe main question our general and munici- lined is what officers shall constitute pal elections should be separate; and the the government? Then, how shall they municipal elections should be held on one be chosen? And then, what shall they do? uniform day throughout the State; first, Let me ask, then, if we can properly fix to prevent the evil of colonization within how our officers shall be chosen, and with the State, and, second, for the purpose of what duties and powers they shall be preventing bad men from thrusting, them- charged,then why should we not provide selves into local office upon general politi- the time at which they shall be chosen, cal issues. I do not, however, purpose to which, I think, has been already shown say a single other word in enforcement of by several delegates upon this floor to be these positions. They have been suffi- as important a matter as either of the clently enlarged upon, and are fully un- others? derstood by the Convention, and, I think, Mr. CURTIN. Mr. President: In the have had their proper influence with printed propositions made by the various every member of this body. committees important changes have been I am wholly opposed to the adoption of proposed, not only in the manner of electany amendment to the report of this corn- ing but appointing municipal and townmnittee, and I trust that every gentleman ship officers. We may, perhaps, propose in this Convention, who agrees with me, changes to the people in reference to the will not fail to see that we should not frit- manner of selecting these various officers, ter away our strength by voting for any and it seems to me until we definitely one of these amendments, but should get settle what officers we require, and where at once, or as soon as possible, to the re- we lodge the appointing power, and the port of this very able committee of fifteen selection of officers, whether by election of our members, who themselves have or appointment, that this debate is predoubtless carefully considered it and have mature, and I therefore move to postpone united upon the section of the article that the subject for the present. is before us. The motion was not agreed to. Tiit perhaps it is necessary to remove MBr. CoRsoN. Mr. President: I was in:-rm the minds of some gentlemen the favor of the motion made by the gentleobjection that comes from no less able a man from Centre (Ml. Curtin.) I think CONSTITUTIONAL CONVENTION. 303 there are reasons why this question should day is really the quietest day of the year. not be further discussed at this time; and In our county there are no such things as I think if the distinguished gentleman disturbances, as election frauds and corhad made his remarks earlier in this dis- ruption and the manipulation of returns. cussion he certainly would have carried Such a thing never was heard of. In our this motion, which must prevail eventual- county and in the adjacent county of ly, because we cannot, by action at this Chester, and in all the country districts, I time upon this question, put into form and am speaking now with reference to the embody into a Constitution the great work eastern part of Pennsylvania, there is lno which is sought to be accomplished by the such thing as fraud at elections. It is distinguished gentleman from Philadel- something unknown to us. It comes to phia, who has so ably discussed this ques- us from the gentlemen of Philadelphia, tion in the Convention. We must have a and one might suppose, after listening to report from the Committee on the Judi- these gentlemen xwho represent this city, ciary, because, if that committee report, that we were here to frame a law to preand if the Convention accept the proposi- vent crime and fraud in their city, when, tion by which the judges of the State of in fact, we are here to lay down certain Pennsylvania shall be elected, there is broad and fundamental principles for the every reason why that election should not government of the people of the whole be separated from the national politics of State, and there is no reason why, as I the day, and if so then this provision, said before, that the people froln Juniata, which has been reported by the Commit- which my friend (Mr. Andrew Reed) tee on Suffrage, will have to be amended represents, should hold their elections in and enlarged. February, and the people of another coumr But coming to the question as it is now ty in AMarch, even if they do go down on presented: We have here the gentlemen boats and do not get back in time to vote. from Philadelphia crimninating and re- They can afford to pass one day. Let us criminating each other as partisans. We have a general uniform day; but I do say have here gentlemen saying they have that we ought not to further consider this elected to office convicted thieves, and question until after we have the report others saying that if they have not been of the Judiciary Committee. convicted they ought to have been —for that I make the motion, that the further disseems to be the only question between cussion upon this question be postponed them-whether they were convicted or not until the Judiciary Committee reports, convicted thieves who were elected. Now say one week from to-day. if this proposition gives as many election The motion was not agreed to. days as we have counties in the Common- Mr. HAY. Mr. President: I move to wealth of Pennsylvania, it only affords an continue the session for a half an hour. opportunity for the election of so many The PRESIDENT. That motion is in ormore convicted or unconvicted thieves. der if unanimously a-eeed to; not otherIf they give us a uniform election day in wise. ["No! no!"] the State of Pennsylvania, there will be Mr. LITTLETON. Mr. President: I lessprobability of such customers succeed- move to postpone the present subject for ing ata general or special election. two minutes. It does seem to me that if the good peo- The PRESIDENT. That will be in corpie of Montgomery county desire to hold rect form if it is a motion to lay upon the their election separate from the general table. election day, they ought to have it upon The motion was not agreed to. the same day that the people of Philadel- The question being upon the amendphia hold their election, so that the citi- ment of Mr. Reed to the amendment of zens of the latter place will have their Mr. Broomall, to strike out "four" and hands full to attend to their own business, insert "three," it was not agreed to. and not come up and interfere with us. ADJOURNMENT. I am not one of those who are distressed The PRESIDENT. The hour of adjournmuch about this question of elections, be- ment having arrived, this Convention cause as you, Mr. President, very well stands adjourned until to-morrow at know, in the country districts election twelve o'clock MI. 304 DEBATES OF THE TWENTY-SE C OD DAY. TUESDAY, January 21, 1873. Simpson, Charles Moore, J. B. Allen, Thomas D. M'Gilway, Win. A. Cassady, The Convention met at twelve o'clock M. Frank Berlin. Retv. JAMI7ES W. CURRY offerecd prayer, In addition to the above I am informed as follow-s: that the following persons, now engaged AWe look unto Thee this morning, Al- in the service of the Convention, were mighty Father? not only as our Creator, employed by the Hquse Committee, viz: but as our Preserver and great Redeemer. Joseph Patterson, night watchman, at Regard us in pity and in compassion, and $3 50 per day; James Chambers, fireman, forgive us all wherein we have sinned. without a fixed compensation; Josephine Cleanse us from everything that we do Thompson, for cleaning,the house, I$13 00 displeasing to Thee, and prepare us to en- per day, which includes the pay of her joy Thy presence and Thy grace while assistants. here ill the world, so that each one of us The total number of employees is sixmay be at last prepared to enjoy Thy teen, (16,) exclusive of the assistants enpresence, and Thy glory in Thy kingdom, gaged for house cleaning purposes. which Thou hast prepared for us, through Respectfully submitted. Jesus Christ Thy Son. D. L. IeMBRIE, This morning we especially ask Thy Chief Clerk. blessing upon the Chief Executive newly CONSTITUTIONAL CONVENTION, inaugurated this day to take charge of Philadelphia, January 21, 1873. the affairs of our Commonwealth. Make REPORT OF TIE CHIEF CLERIK. his administration one of profit and of interest to all those whom he may represent Mr. JOSEPH BAILY. I offer the followand' preside over as the chief ruler and ing resolution, and move that the insrucmagistrate. Do Thou bless him in all his tions contained therein be communicated official acts, and do Thou grant that our to the Committee on Accounts and Exbeloved State may prosper during his penditures: term of office. Hear us in this our morn- Resolved, That the report of the Clerk ing petition, and accept us'through Jesus be referred to the Committee on Accounts Christ. Amen. and Expenditures, with instructions to The Journal of yesterday was then read ascertain whether the number of ernand approved. ployees, and the compensation allowed to them, are necessary and proper for the EM)PLOYEES OF TIHE CONVENTION. convenience and comfort of this ConvenThe PRESIDENT submitted to the Con- tion, and to report the result of their devention the following report of the Chief liberations to this Convention, with such Clerk: recommendations as they may deem adTo I-Ion. W~M. M. MEREDITH, visable. President of Constitutional Convention: The motion was agreed to. SIR:-In obedience to a resolution of ME)MORIAL OF THE SOCIETY OF FRIENDS. the Convention, passed on the twentieth, The PRESIDENT submitted the followinstant, I have the honor to report that ing memorial to the Convention: the following persons have been appointed by me and are now in the employ of the To the Convention of Delegates elected to Convention, viz: revise the Constitution of the State of John Switzer, fireman, at $3 50 per day; Pennsylvania, now sitting in PhiladelJoseph Eberoll, janitor, at $3 00 per day; phia: James Craig, janitor, at $3 00 per day; The memorial of the representatives of Powell De France, page, (assigned to the the Religious Society of Friends in Penncoat roomn) at $2 00 per day; pages, at sylvania respectfully showeth: $1 50 per day: Frank M'Reynolds, Pur- That in the Declaration of Rights, article sey Myers, David P. Skerritt, Thomas nine, of the present Constitution, it is de CONSTITUTIONAL CONVENTION. 305 clared, section three, " That all men have support the civil government under which a natural and indefeasible right to worship they live, and to contribute their full share Almghty God according to the dictates of towards defraying its expenses and contheir own consciences; that no man can be ducing to the commnon weal. The discipcompelled to attend, erect or support any line of the society enjoins this on all its place of worship, or maintain any ministry members. Their whole history shows against his consent; no human authority that they willingly obey all laws which can, in any case whatever, control or inter- do not contravene the requirements of the fere with the rights of conscience, and no gospel as they understand and believe preference shall ever be given by law to them; and that where active compliance any religious establishments or modes of cannot be thus yielded they patiently worship." And in section twenty-six of the suffer the penalties imposed. same article is the following clause, that: That part of the section which requires " To guard against transgressions of the an equivalent to be paid for not performhligh powers which we have delegated, ing military service has caused, and we declare that every thing in this article while it is retained, will, in all probabilis excepted out of the general powers of ity, continue to cause, those who cannot government, and shall forever remain in- conscientiously comply with it, to suffer violate." These wise and just provisions loss and distress in both property and perare, however, practically rendered null son, by the penalty inflicted being enand void, so far as they relate to those forced by process of law. The execution who are conscientiously restrained from of the militia laws, enacted at different bearing arms, or in any way contributing times, has subjected iends in this tate times, has subjected Friends in this State towards military preparations or purposes, liable thereto to imprisonment and the by the last sentence of section two of arti- sacrifice of property, amounting to many ale six, which says: "T Those conscien- hundred thousands of dollars, and yet it tiously scrupulous to bear arms shall not is believed very little of the latter has be compelled to do so, but shall pay an ever reached the State Treasury. equivalent for personal service." equivalent for personal service." We therefore respectfully submit, that ~We respectfully represent that as the in the exercise of the responsible dutiesSociety of Friends from its beginning- placed upon you, you may be instrumen — now more than two hundred years-has tal insecuringthe enjoyment ofthe " inde — believed that duty to Christ, the Prince feasible rights" of conscience to a portion, of Peace, withholds them from participat- of your religiously scrupulous fellow-citiing in, or giving aid or support to war- zens, Friends and others, in saving them like measures of any kind; in like man- from undeserved penalty, and in advaucncer they have believed they cannot con- ing the peaceable kingdom of our Lord sistently pay for others to do that which and Saviour Jesus Christ, by erasing the they believe to be wrong, nor voluntarily last eight words of section second, article give an equivalent for permission to es- six, of the Constitution, and substituting ercise the rights of conscience. therefor such an amendment as will con — To us it appears clear, that requiring firm the same free exercise of conscience, from citizens an equivalent for exemption in relation to participation in military In relation to participation in military fromrn services which they are restrained measures as is granted in all other articles. from performing by their religious princi- of christian faith ples, is as direct an infringement of the rights of conscience guaranteed by the By so doing you will remove what we rConstitution as it would be to mulct them cannot but consider a stain upon the preConstitution, as it would be to mulct themst in damages for not attending, erecting or Sent Constitution, and restore ourbeloveus, supporting other places of worship beside State to the exalted position, for religious their own, or for maintaining any other toleration, among the governments of the part of their religious faith, and that by earth, which it occupied while under the every fair construction the clause requir- control of William Penn, its enlightened it insetion second of article sixis founder, and of his fellow-members of the ing it in section second of article six is manifestly at variance with section twen- Society of Friends. ty-sixth of article nine, which declares Signed on behalf and by direction of a that everything in that article-including meeting of the representatives aforesaid,. liberty of conscience-is excepted out of held in Philadelphia, the seventeenth the general powers of government, and day of the first month, 1873. shall forever remain inviolate. JOSEPH SCATTERGOOD, Friends are ever willing and ready to Cle'k. 20 336 DEBATES OF THE Bir. DARLINGTON. I move that this So the resolution was again read. memorial be referred to the Committee Mr. STANTON. Mr. President: I move on the Militia. to postpone the further consideration of The motion was agreed to. the resolution for the present. MEMORIAL OF THE INTERNATIONAL On agreeing to this motion a division ORIwas called, which resulted forty-five in WORIKINGiM~-ENS' ASSOCIATION. the affirmative and thirty-one in the negThe PRESIDENT submitted to the Con- ative. So the motion was agreed to. vention the following memorial, which FINAL VOTE ON THE REPORT OF TI-IE was ordered to lie on the table: ~ SUFFRAGE COMMITTEE. To the President and Members of the Convention to revise the Constitution of Penn- Mr. BROOMALL, Mr. President: I offer sylvania: the following resolution: PHILADELPHIA, Jlan. 20, 1873. Resolved, That the final vote upon the GENTLERMEN:-The undersigrned, a com- pending section of the report of the Committee appointed by the twenty-sixth sec- mittee on Suffrage, Election and Repretion of the International Workinrmen's sentation be taken to-day, and that the association, citizens of this C~omlmlon- hour of adjournment be postponed, if newealth, respectfully request an opportu- cessary, for that purpose. nity to be heard by your honorable body, on the subject of legislation, at such time On agreeing to the resolution, a division as will be agreeable, was called, which resulted forty-four in w DAlMONe Y. KLLGbORE, the affirmative and thirty-five in the negChiYa.irman. ative. So the resolution was agreed to. And thirteen others. Mr. GoWEN offered the following resolr. WRIGHT. Mr. President: I move tion, which was referred to the Committee that resolution number twenty-one, to be on the Judiciary: found on page sixteen of the Journal of Resolved, That the Committee on J1amendments presented in Convention, diciary be instructed to inquire into and and suggestions made in committee, be report upon the expediency of so amendwithdrawn from the Comrittee on Legis- ing the Constitution as to prohibit the lation, to which it was referred, and be Legislature from vesting in any court or nowv referred to the Committee on Decla- 5judge the power of appointnment to any of ration of Rights. fice other than such as are necessary in The motion was agreed to. the administration of justice in the par-:n ticular tribunal presided over by such FINAL ADJOURNMENT. court or judge. Mr. S. A. PURVIANCE. Mr. President: or. MACVEAGH. Mr. President: I ofI offer the following resolution: fer the following resolution: Resolved, That this Convention will ad- Resolved, That the Sergeant-at-Arms be journ sine die on the fifteenth of April next, instructed to place only reports from cornand in order to close our laborsat or before mitees on the files of the size of legislathat time it is the sense of the Conven- tive bills. tion that the reports of the Committees on The resolution was read a second time. the Legislature, on Legislation, on the Mr. MAcVEAGH. Mr. President: May Judiciary, on Suffrage, on Corporations, I have unanimous consent to say one Word on Public and Municipal Debts and as to the object of this resolution? Sinking Funds, and on Revenue, Taxa- The PRESIDENT. The Chair will observe tion and Finance, shall be taken up in that he has already instructed the Serthe order named, or in the order in which geant-at-Arms to place nothing on the files they may be reported, and that each of but articles as reported. said reports shall be entitled to three days' Mr. MACVEAGH. Then I move to rav consideration in the committee of the the resolution on the table. whole, unless debate thereon should be The motion was agreed to. sooner exhausted, and that the subjects which may be reported upon by other AMENDING RULE VII. committees be regulated thereafter by Mr. MACVEAGH offered the following further order of the Convention. resolution, which was laid over under the On the question of proceeding to second rules of the Convention: reading, a division was called, resulting Resolved, That rule seven of the order oi forty in the affirmative and thirty-nine in business shall be so amended that on and the negative. after Monday next the sixth sub-divisi ol CONSTITUTIONAL CONVENTION. 307 thereof shall be first in order after the work during the remainder of the week. Journal has been read, except on Satur- - It will leave four days in which the comday of each week. Ilittees can sit in the morning, and they Mr. TURRELL. Mr. President: I offer willhave an opportunity to get a good porthe following resolution: tion of their work in shape to present to the Resolved, That this Convention will Convention, and on Monday we can comhereafter hold its daily sessions from mence its consideration. eleven o'clock A.. Muntil three o'clock Mr. MACVEAGH. Mr. President: I will P. M. until otherwise ordered. withdraw my amendment, in order that Mr. DARLINGTON. Mr. President: I there may be harmony, if possible, among move to amend that resolution, as fol- the members of the Convention who are lows: in favor of having four hours a day as the To strike out all after the word "re- session of this body. solved," and insert "that on and after Mr. JoHN PM. WETHERILL. Mr. PresiMonday next, until otherwise ordered, dent: I offer the following amendment: this Convention will meet at ten o'clock "And that there shall be no session of A. M. and sit until it shall be adjourned the Convention on Saturday." by the vote of the members present." [No! no! Yes! yes!] Mr. MAcVEAGIr. Mr.President: Imove Mr. MACVEAGH. Mr. President: Beto further amend, as follows: fore a vote is taken upon that question I To strike out all relating to the adjourn- will simply say, if the gentleman will ment, and insert "that the sessions of the turn to the rules of the Convention, page Convention shall be from ten o'clock A. M. four, he will find the order of business. to two o'clock P. M." I offered an amendment to those rules, 1r. DARLINGTON. Mr. President: I will which lies over one day, the effect of accept that as a modification of the amend- which will be to make the consideration ment. of the articles of the Constitution the orMr. HAY. Mr. President: I would like der of business on every day but Saturto be informed whether the acceptance of day. That will come up for consideration the amendment offered by the gentleman to-morrow, so that we may go to work from Dauphin (Mr. MacVeagh) by the upon the main object of our stay here, if gentleman from Chester (Mr. Darling- possible. Probably that would avoid one ton) relates to the postponement of the object of the gentleman's amendment to adjournment until Monday next and is the amendment. to then take effect. Mr. J. M. WETHERILL. In that view A.5r. MACVEAGH. Mr. President: Iwas of the case I will withdraw the amendgoing to make a further amendment, that it shall take effect from and after to-morThe PRESIDENT. The question is upon IMr. STANTON. Mr. President: Be kind the amendment as modified. enough to have the resolution read as Mr. DALLAS. I would ask for a reading amended. of the question. The PRESIDENT. It is moved and sec- The CLERK read as follows: onded to amend the amendment, by stri- " On and after Monday next, until otherinr out what relates to taking effect on wise ordered, this Convention will meet Monday next, and make it take effect to- at ten o'clock A. M., and adjourn at two nmorrow. o'clock P. M. The question is on the amendment to Upon this question a division was orthe amendment. dered, and being taken, resulted: AffirmMr. SIuIPSON. Mr. President: I hope ative, sixty-three; negative, twenty-one. the House will not adopt that amendiment. So the amendment was agreed to. I hope they will adopt the resolution as The question recurring upon the resoamiended by the gentleman from Chester, lution as amended, it was agreed to. (M'r. Darlington,) including his acceptance of the amendment of the gentleman from Dauphin (Mr..MacVeagh.) This will Mr. DARLINGTON. Mr. President: 1 allow the committees the use of the morn- wish to offer another resolution, and to ing during this week, with notice to them preface it by a single remark. It is for that after Monday next the sessions of the the purpose of purchasing a single copy of Convention will be in the morning, and I Purdon's Digest, owing to the difficulty think we will accomplish a great deal of that some committees have in determin 308 DEBATES OF THE ing the distinction between legislation Corporations, with a copy of Purdonls and the Constitution. Digest. I know that we need that book. The CLERKI read as follows: I know that we had difficulty last night, Resolved, That the Clerk be directed to in a session of over three hours' duratior, purchase one copy of Purdon's Digest for in finding out which was the true copy of the use of members of the Convention. the Bill of Rights; and I insist upon this Mr. CORSON. Mr. President: I move amendment. to amend, by making it one copy for each I would cheerfully accept anl amendcommittee. We cannot all meet in one ment giving one copy to each member, committee room. but I feel positive that such an amendMr. LILLY. I am opposed to that. 1 ment would not prevail, although it think it is an expense entirely unneces- would, perhaps, be eminently proper that sary for the Convention, without you give every man should have a copy. one to each member of the Convention. I wish my amendment to prevail, and Such a course would be equivalent to I think that every man who is upon an giving one to each of twenty-seven mem- important committee, and is aware *the bers of the Convention, and the remainder difficulty we have in ascertaining what will go without. The chairman of each the old law is, and the defect, in order to committee will take that one copy home apply the' remedy, will vote for the with him at the end of the session. I amendment. know such to be the case by experience. The amendment was not agreed to. I have been chairman of committees my- Mr. GOWBN. I offer the following self. I am willing to support the resolu- amendment: tion that there be one here in the hall for Strike out the words " one copy," and the use of the members of the Conven- insert "one copy for each committee tion when they wish to consult it; but, room," of which there are seven. unless each member is to have a copy, The amendment was not agreed to. I will oppose the amendment. Mr. STRUTHERS. I move to amend, so Mr. CORSON. Mr. President: Last even- as to provide a copy of Purdons' Digest ing, at a meeting of our committee, the for each member of the Convention. Committee on Bill of Rights, we had The amendment was not agreed to. three copies of the Constitution of the Mr. J. W. F. WHITE. I oveto amend, State of Pennsylvania, and they were all as follows: "That the same shall not be different. They differel materially in taken from the Hall of the Convention." some respects. Now, sir, our committee The object I have is this: If we have met at the room of the chairman, at the but one copy of Purdon's Digest for the Merchant's hotel, and I would like to entire Convention it will be carried off know what use one copy of Purdon's into some committee room, and we will Digest would be to a committee in session not have the use of it when we want it. at the room of the chairman at the Mer- If we have but one copy I think it should chant's hotel, while the Committee on the remain always in the Hall during our Judiciary or the Committee on Education, session. which is so ably presided over by the dis- Mr. BEEBE. I offer an amendment to tinguished gentleman from Chester (Mr. the amendment. Darlington) at the Girard House. The CLERK read the amendment, as folNow, sir, it would be an idle waste of lows: money to buy one copy of Purdon's Di- "And that the same be attached by gest, and if the gentleman from Carbon chain and staple to the Clerk's desk, the (Mir. Lilly) is afraid that some one is same to be drawn for by lot at the closeof going to steal these books, we will have a the session. proviso put in to protect the people from The PRESIDENT. Unless the Conventhet section of the country. tion otherwise order, no question will be Mr. LILLY. 1 do not call it stealing. It taken upon the amendment. is a common practice in the Legislature. Mr. MACCONNELL. Mr. President: I Mr. CORSON. Mr. President: I have move to lay the whole subject on the never had the honor of being a member table. of the Legislature. I do not know any- The motion was agreed to. thing about the practices of that body; but I am willing to trust the chairman HANGE OF RUE ELEN. of the Committee on the Bill of Rights, The CLERK read as follows: and the chairman of the Committee on Resolved, That rule eleven be changed, CONSTITUTIONAL CONVENTION. 309 by striking out all after the word "ex- shall we pass this section, about which plain," in the fifth line of said rule. there is considerable difference of opinion The resolution was, under the rule, laid here, although the indications are that a upon the table. decided majority will pass it-is it expedient to pass it by a mere majority of a quorum? I think not. With that view, I Mr. M'MURRAY. I desire to ask leave offer the following resolution:" of absence for my colleague (Mr. Gilpin) Resolved, That further consideration of for a few days. the report of the Committee on Suffrage, Leave was granted. Election and Representation be postELECTIONS. ponled for the present. Mr. BROOMALL. Mr. President: I rise The next business in order being the to a question of order. further consideration of the section re- The PRESIDENT. What is the point of ported from the committee of the whole, order? which was pending at the adjournment Mr. BROOlMkALL. It is that the Convenyesterday, and the question being upon tion has already determined that the final tile amendment offered by Mr. Broomall, vote shall be taken upon this section tothe Clerk read the amendment, as follows: Provided, That the Legislature may, by Te PRESIDENT. TheChairapprehends law, fix any other day for any county or that it was not the intention of the Concity, the same being uniform throughout vention by that resolution to tie itself Provided furth That the timthe State. down to compelling it to dispense with?royided further, That the time so fixed ov ed fth, T t ti so fed those motions, which the rules say shall shall not be within four months of the be honored at any time. If, however, timne fixed for the general election. the gentleman desires it, the Chair will *Mr. M'ALLsSTER. Mr. President: This submit the question to the Convention..'section has been very fully discussed and Mr. BROOMALL. I desire that question I hope not without profit. The indica- to be submitted to the Convention. tions seem to lead to the hope that it will The PRESIDENT. The Convention this be passed without amendment. This morning adopted a resolution that a final raises the qu( stion whether it is expedient vote on this section should be taken, and at thistime and under these circumstances that the section be finally disposed of toto pass this section to a third reading, day, and that the sitting be prolonged which places it beyond the power of this until that conclusion should be reached. Convention to amend it, except by going The gentleman from Centre, (Mr A'Alinto committee of the whole. lister)-the question being upon the seI am myself decidedly in favor of this cond reading —has offered a motion to section as amended, without further postpone the subject for the present. amendment, and I feel assured that it Under the rules of the Convention that is ought to be passed to a third reading and a privileged motion, any gentleman being be thus placed out of the power of the entitled to make it. Among other priviConvention. leged motions, are those on adjournment, We are to take into consideration that on the previous question, motions to postit is an isolated section of an article of this pone, to commit, to amend, and to re-conConstitution. The other sections of that sider. article will be reported in a day or two. The question now to be considered by They are now under consideration, and the Convention is whether the order made we hope to have very shortly something by the Convention this morning, which that will look like one consistent whole. the Chair has referred to, cuts away all the e will then bethebetter enabled tojudge regular proceedings of the Convention of the symmetry of the article, and it and displaces all the accepted, known and seems to me that it would be unwise, for notorious regular motions incident to the this reason alone, to pass this section to- consideration of a question. day to a third reading. But, Mr. Presi- Those who are of opinion that it has dent, there are other reasons which we that operation and effect will say aye-; must take into consideration, and one of those of the contrary opinion will say no. them is that if passed to-day it will be The question being as stated by tilhe passed by a mere majority of a quorum. President, it was decided in the negative. It is not to be concealed that a large num- The question thenbeing upon the amendber of our members are absent. Now ment offered by Mr. M'Allister, the yeas 310 DEBATES OF THE and nays were required by Mr. John R. The PRESIDENT. That is not now in Read and Mr. De France, and were as fol- order. low, viz: Mr. MACVEAGII. I think that is what Y E A. the gentleman meant. Mr. GUTHRIE. I was moving to re-conMessrs. Bardsley, Black, J. S., Bo w- sider the vote on Mr. Broomall's resolnman, Carey, Collins, Corbett, Corson, tion. Curry, De France, Dimmick, Elliott, Fin- The PRESIDENT. Motions to re-consider ney, Funck, Gibson, Guthrie, Hall, Han- must be made by gentlemen voting with na, Hay, Hemphill, Howard, Hunsicker, the majority. The gentleman from AlleKnight, Lear, Littleton, M'Allister, M'- gheny (Mr. Guthrie) voted with the miClean, -Newlin, Patton, Purman, Purvi- nority, and therefore his motion is not in ance, S. A., Reed, Andrew, Ross, Simp- order. son, Smith, H. G., Struthers, Temple, Mr. GUTIIRIE. I voted with the maWalker, Wetherill, John Price, Wherry jority on that question. and Meredith, President —0O. Mr. HUNSICKER. I second the motion N A Y S. to re-consider. I voted with the majority. M/r. LILLY. The gentleman (Mr. GuthMessrs. Achenbach, Andrews, Baer, Mr. LILLY. The gentleman (Mr. GuthBailyssrs. (Phenbay,) Beebe, Bindre, Blaer, rie) desires, Mr. President, to re-consider Chas. A., (PeBrodhead,be, roomaBiddle, Campbell, the vote taken this morning on Mr. BrooChas. A., Brodhead, Broomall, Campbell, malls resolution Carter, Cassidy, Church, Craig, Curtin, The PRESIDENT. The Chair will enCuLyler, Dallas, Darlington, Dodd, Dun- deavor to ascertain what the gentleman ning, Edwards, Ewing, Gowen, Hazzardl, HvrnHopkins Horton, Landis, Law (Mr. Guthrie) does want. Does he mean Heverin, Hopkins, IHorton, Landis, Law- that he voted with the majority on the rence, Lilly, Long, MacConnell, M'Cul- question just taken? loch, M'Murray, MNacVeagh, Mann, Niles, Mt GUT tRIE. NOqju a Palmer, G. W., Palmer, H. W., Patter- The PRESIDENT. Then his motion canson, T. H. B., Read, John R., Rooke, not be received as for a re-consideration of Smith, Henry W., Smith, W. H., Stan- that vote, and no motion to re-consider ton, Turrell, Wetherill, J. M., White, J. the motion of Mr. Broomall, of this mornXW. F., Worrell and Wright-50. uing, can now be received, because there is So the motion to postpone was rejected. other business before the Convention. ABSENT OR NOT VOTING.-Messrs. Ad- Mr. STANTON. I voted with the majordicks, Ainey, Alricks, Armstrong, Bailey, ity. I move, now, to re-consider the vote (Huntingdon,) Baker, Bannan, Barclay, just taken. Bartholomew, Boyd, Brown, Buckalew, Mr. CORSON. I second the motion. Clark, Cochran, Cronmiller, Davis, Ellis, The PRESIDENT. Did the gentleman Fell, Fulton, Gilpin, Harvey, Kaine, Lain- (Mr. Corson) vote with the majority? berton, M'Camant, Mantor, Metzger, Mi- lMr. CORSON. No, sir. nor, Mott, Parsons, Patterson, D. W., Por- The PRESIDENT. Then that motion ter, Pughe, Purviance, John N., Reynolds, cannot be received. James L., Reynolds, S. H., Runk, Rus- Mr. GOWEN. Iunderstand the question sell, Sharpe, Stewart, Van Reed, White, now before the Convention is upon the David N., White, Harry and Woodward. amendment offered by the gentleman Mr. GUTHRIE. Having voted with the from Delaware (Mr. Broomall) to the secmajority on this question,, and having tion reported by the Election Committee, heard the explanation of the chairman of that amendment having for its object to the Committee on Elections, I think we vest in the Legislature the power of changwere rather hasty in our decision. I now ing the day for holding local elections. I move, if it is in order, to re-consider the believe I am right in that understanding. vote. Now, upon this subject, I desire to make Mr. DALLAS. I rise to a point of order. a few remarks. First, I desire to criticise That is whether a motion to re-consider the language of the amendment. That can be made, under our rules, within four amendment says that the Legislature days. may have power to change the day in any Mr. MAcVEAGH. I think there is a particular district: Provided, It shall not misunderstanding as to the re-considera- be within four months of the general tion. I think the gentleman wants to re- election, and if the amendment is adoptconsider the vote on Mr. Broomall's reso- ed as written it would preclude the Leglution. islature from fixing any period of the CONSTITUTIONAL CONVENTION. 311 year, except that-within the four months moment be heard before a Constitutional between the first day of March and the body or legislative body as any argufirst day of July, which are the particular ment addressed to their reason for changfour months which would suit the people ing the period at which he should exercise less than any other. I apprehend that his rightas a citizen. But apart from this I the gentleman (Mr. Broomall) intended have anothervery seriousobjectionto urge. by his amendment to say that the Legis- We are told that in the construction of lature shall not fix the period of the local statutes we are to look at the old law-the elections within four months preceeding mischief and the remedy-and I apprethe general election; but as the word hend that no Constitational Convention "preceding" is not in the amendment, can properly amend or change the Conif it is adopted no change could be made stitution without taking into consideration by the Legislature which would fix the the evil that at present exists, and the period for holding the local election, laws under which those evils are made either within the four months preceding possible of existence. or the four months succeeding the annual Now, with the view of looking into the election, and therefore the only option of question, I propose to show, in a very disthe Legislature would be to fix the period passionate way, what I believe to be the within four months, beginning with the manner in which elections have generally first of MIarch and ending with the first been held in the city of Philadelphia. of July. These elections in the city of Philadelphia If the amendment offered by Mr. are entirely under the control of a genBroomall had inserted into it the word eral supervisory committee, which holds "preceding,"' then the Legislature would its sessions within the shadow of Indehave the right to fix the period of local pendence Hall, and which is generally election at any period within eight months composed of two or three gentlemen ocof the year, so that it did not come within cupying high dignities in the municipal four months preceding the first Tuesday government. Subordinate to this comafter the first Monday in November, and mittee, and controlled by it, there are four in that shape the resolution, if amended, other committees. One of these commitwould not be so objectionable as it is if tees may be called the committee on rethe present amendment is adopted. How- serve, and then the committee on inspecever, I am opposed, Mr. President, to tion, another, the committee on revision vesting any power whatever in the Legis- and adjustment, and the other the committure to change the period of holding these tee onelection returns. It isa well known elections. fact that in everyielection precinct there Now there has been noreasonwhatever are open ballot-boxes and election offiurged for vesting that power in the Leg- cers, and every citizen of this great city islature, except it is that the convenience walks up to the election poll and deposits of certain people in certain districts would a ballot, in the firm belief that he has exbe better suited by havinga different day ercised one of the rights of citizenship. from that named in the section as it came The police are generally made the custofrom the committee. I apprehend there dians of the peace, and, I believe, are inis -no surer way to degrade the elective structed to permit no illegal votes to be franchise than to confer power upon the cast, unless they are cast for a proper canLegislature of a great Commonwealth to didate. During the progress of the elecchanlge the period of holding the elections tion the hourly returns are read off and the for the mere convenience of the voter. municipal telegraph is used for reporting One of the highest duties of the citizens of these returns to the chief office of the suour Commonwealth is the exercise of the pervising committee, and if at four o'clock right of suffrage, and when that right of the result is not considered satisfactory, suffrage is esteemed of so little conse- the subject is referred to the committee on quenc3 that the mere business interests the reserve, who order out the repeaters, of the voter are to be accommodated by a and they vote as often as they can, and at solemn act of the Legislature, changing as many places as they can, up to six the period at which it shall be exercised, o'clock. it is one step towards degrading the elec- When. the polls are closed the ballot tive franchise. I therefore think that no boxes are immediately handed over to question of the convenience of the citizen, the committee on inspection, who careno question of his locality, no question of fully remove all the objectionable ballots his business or profession should for one and insert other an:] more proper ones in 312 DEBATES OF THE their places. After this duty has b3en as from what I have seen in the reports of performed, the election officers count the proceedings in our courts, that this is the ballots and certify the returns. I be- a fair and dispassionate description of the lieve there are two of these certificates, manner in which the elections of the city one of which goes to the return officer of Philadelphia have been held. I forgot, and the other to the prothonotary's office. however, to say, Mr. President, that the These certificates, which are signed and gentlemen who are appointed upon these sworn to by the election officers, are im- different committees are generally in the mediately handed over to the committee receipt of very large incomes, which, in on revision and adjustment. Some of many cases, are made upby subscriptions the figures are raised and others, I be- from gentlemen occupying high social polieve, are e-rased, the customary plan be- sitions in the city of Philadelphia. ing if the report is, say four hundred, in What then are the evils of our present some instances to put the figure one be- election system? First, and greatest of fore it and make it fourteen hundred, and all, and one which this Convention canif a figure should happen to be an eight, not hope to cure by any amendment to they scratch out part of the eight and the Constitution itself, is a debauched make it five. It is a practice which has public sentiment, which permits such been adopted with very great success in things to be done and takes by the hand, cases of checks upon banks, but I believe and elevates into high places, men who in these cases, almost invariably, the per- are as notoriously guilty a as any convicted petrators of the fraud are punished and felon who occupies a cell in the penitensent to the penitentiary, which only tiary. This we cannot hope to cure, unshows that the people of this Common- less we can change the sentiment of the wealth care more for their money than community. The next evil is, the indisthey do for their liberties. After the criminate and prodigal use of money in committee on revision and adjustment elections. We may be able to cure this. has gotten through with these returns, The Committee on Constitutional Saneone copy is deposited in the prothono- tion may adopt some amendment to the tary's office and the other is handed to Constitution which will forfeit the rights the return judge, who attends to the meet- of citizenship of any man who uses money ing of returnjudges onthe following day. in elections. Wve may hope to cure this By this time the telegraph throughout evil, but I doubt whether we can. The the State has acquainted the supervisory other evil, I believe we can cure. One of committee in Philadelphia with the ne- the greatest of these evils results from the cessities of the case, and if the amount of fact that these elections have generally repeating, ballot-box stuffing, revising been held on the day in which the general and adjusting which has been done is elections take place, and the politicians deemed insufficient, the whole subject is who are interested in the success of their referred to the committee on election re- favorite candidates have made use of turns. money, and of influence, in order to At the meeting of these return judges carry out their plans for the general elecI understand the practice to be this: The tion, and necessarily make the result of returns are called out verbally, and it is the local election coincide with that of announced that there is a certain result. the general election; otherwise the fraud Then the blanks are signed-I believe would be apparent. Another evil in generally in blank; the return judges Philadelphia, and one of its greatest evils, certify the result in blank, without any is that at these elections we elect every figures. The committee on returns then year or two five or six officers to fill positakes upthese certificates and adjourns to tions that require no more mental caa meeting, which is generally held in one pacity, no more adroitness, no more skill, of the row offices, at which, above the than could be secured by the payment of signatures'of the return judges, they two thousand dollars a year, and yet we generally insert such a result as, when elect gentlemen of this class and pay compared with the returns from other them from fifty thousand to one hundred parts of the State, will make the elec- and fifty thousand dollars a year for their tion satisfactory to the supreme super- services. vising committee. Now, AMr. President, Now, Mr. President, this class of people, I believe from what I have seen in my who could not'command in any other depublic press; from the reports of the partment of industry $1,500 a year for their reform association of this city, as well services, men whom no well-regulated CONSTI TUTIONAL CONVENTION. 313 private business corporation would per- chausen," and the remarks of the gentlel-it to be in the neighborhood of the vaults man who has just taken his seat (Mr. that hold their treasure or handle a pen Gowen) reminded me of some of the very in their office, these men have an oppor- marvelous adventures of that gentleman; tunity of securing an office that gives them certainly some of the remarks of the gen$150,000 a year. They accomplish it in this tleman from Philadelphia (Mr. Gowen) way: They say to a certain number of are not more strange than the incidents other gentlemen of the same character and in the life of the Baron. of the same ability as themselves, "if you But it may be that the gentleman from will aid in manipulating this election you Philadelphia (Mr. Gowen) was speaking shall have two-thirds of this 150,000," and of a time some year or two ago, when the in that manner you have an influence se- party in power in Philadelphia was not cured which is irresistible, unless the pub- the party in power now in this city. They lic sentiment is aroused on the subject. may have done all the things which the That evil, I think, we can cure by mak- gentleman has described. They are not, ing all these row officers the recipients of however, of my knowledge, nor have salaries, say $2,500 a year, and I venture they been practiced, I believe, during the to say that for every office to be filled at last two years by the party which in part that salary you will have a hundred ap- I represent on this floor. I do remember plicants. The other great evil, and one when we had a spring election that in a which this present amendment will cure, particular locality of the Fourth ward of is the evil which results from colonization the city of Philadelphia, there were more from other districts. votes polled than there were men, women In the case of the general election, this and children living within its limits. I Convention has already determined that also recollect that last fall, in a county it shall be held on the same day as the outside of Philadelphia, in the county of presidential election, and therefore there Luzerne, in a case now pending before will be no colonization at that election, be- the Legislature, it is asserted that upon a cause the other States will all be engaged registry list of six hundred names they in election on the same day. In the case contrive to get twelve hundred majority. of local elections, however, if the city of This was not in Philadelphia, and I am Philadelphia is permitted to have its local sure that all the frauds are not committed election on a day on which the counties within the city of Philadelphia, but are surrounding it have no election, it will be scattered all over this State. found that it is made interesting for a But this does not meet the argument number of gentlemen in the surrounding yet. I asked the House yesterday and I districts to come to Philadelphia on that repeat it again to-day. The gentleman day and exercise the inalienable right of from Philadelphia (Mr. Gowen) was not citizenship by voting as often as they can. here then to hear it, and I repeat it for his As I understand the question now be- information: Why should this House fore the Convention it is this: Shall the say that the general election, the importlocal elections throughout the State be ant election of the State, shall be changed held upon the same day throughout the by a two-thirds vote of the Legislature to entire Commonwealth? I am in favor of suit the convenience of the people of the that to the utmost. I believe that is one State, and that the minor elections shall important step toward reform, and believe be put upon one day throughout the whole that it will so accomplish it that no sys- Commonwealth, fixed in the irrevocable tem of colonization to insure fraudulent law, without power to change either by votes can be carried out. But if you vest the Legislature itself or by a vote of the in the Legislature the power to change people with the consent of the Legislathis day for holding a municipal election ture? The people ought to have an opupon the mere whim or caprice of the ma- portunity of voting for a day best suited jority of any election district, city, county, to their own wants, and not to the wants borough or town, and to change it for of the gentleman from Philadelphia (Mr. their convenience, you open a door to do Gowen) or mine. That is the question. away, in the course of a year or two, with Whether the people of each county shall all the good that this Convention can ac- have a right to change their minor eleccomplish on this subject. tions by a vote of the people, when the day Mr. SIMPsoN. Mr. President: I recol- of holding the general elections can be lect reading, when I was a boy, a book changed by a vote of the Legislature? called the' "Adventures of Baron Mun- Mr. MANN. Mr. President: If it is the 214 DEBATES OF THE desire of gentlemen to defeat the work of Legislature of the State to pass general this Convention, I think they are taking laws for the government of all cities, and a very straight course in that direction. a part of that government will be the fixI cannot, for myself, understand how it ing a day for holding their elections. All would be possible for a discussion to arise the argument made in favor of this secin this Convention better calculated to tion, based upon the objection against speaccomplish that purpose than the one ciallegislation, falls to the ground, because which has been indulged in under the it is just as easy to provide for all the cities section now before us. Since this report and all the counties of the Commonwealth was considered nearly every gentleman by a general law as by a special law, and I who has spoken upon it has dwelt upon object, therefore, to the amendment of the certain features of the present condition gentlenian from Delaware, (Mr. Broomof affairs in Philadelphia. One would all,) because it would prevent the Legislasuppose, from the tenor of this general ture from passing a general law regulatdiscussion, that this was not a Constitu- ing the times of holding municipal electional Convention of the people of Penn- tions, and it would further introduce into sylvania, called for the purpose of con- the Constitution of Pennsylvania what sidering the condition of the people of the never was in it, what has not been introwhole Commonwealth, but that we were duced into the Constitution of Illinois, following out the purpose for which we which has been quoted here so often as a were created if we confined our labors to Constitution that could be safely followed. one particular section of the State. I sup- There is no such provision in that Constiposed that this section and every other tution. There is no such provision in the was to be adopted or rejected according amended Constitution of the State of New to its bearing upon the entire Common- York, framed in 1868 by the ablest men of wealth. From the drift of this discussion, that Commonwealth. They left this queshowever, we might suppose that this see- tion of municipal elections entirely to the tion is to be adopted or rejected mainly regulation of the people, as we ought to as it shall bear upon this city of Philadel- do. phia. And I am astounded at the argument I do not understand the course of any of the gentleman from Philadelphia (Mr. such reasoning. I understand that those Gowen) this morning, that we ought to who are desirous to reform affairs in the fix the day of holding elections without city of Philadelphia shall be allowed to regard to the convenience or the comfort manage their own affairs in their own way, of the people. Why, sir, I undertake to and, so far as I am concerned, I am pre- say that that is just one of the things that pared to give them that privilege to a full every government ought to do. It ought extent, including the choice of the day to interfere just as little as possible with when they shall hold their municipal the comfort and convenience of the peoelection; but I do not propose to start ple, and with their freedom. The governout, as far as my vote is concerned, and ment that does not do that is certain to be say that the people of Philadelphia shall arbitrary and tyrannical. control their own affairs just so far as this I object to this amendment again, beConvention thinks it ought to be done, cause it is a departure from the rule that and that where this Convention thinks it has been adhered to from the organization ought to control them that we shall do so. of the State. There never was such a proThat would be introducing here the very vision in the Constitution. There is no vice of special legislation that is so much such provision in the Constitutions of complained of at Harrisburg. the surrounding States, and there is no For these reasons I am opposed to the necessity for it. It is a change uncalled amendment of theegentleman from Dela- for by the people; a change that is calcuware (Mr. Broomall); for that undertakes lated to excite the opposition of the peoto say that at certain seasons of the year, pie, and the discussion had upon this neither by consent of the Legislature nor resolution is intended to excite their opby the vote of the people, shall the city of position. Philadelphia is described as Philadelphia be permitted to hold elec- the worst place under the sun by the gentions. If we carry out the spirit of the tlemen living here. It is represented memorial which is laid on our desks we that men of character and standing assoshall prohibit the Legislature of the State ciate with thieves and convicted felons, from passing any special legislation in and take them to their councils. When regard to the city. We shall require the the people of the State read such remarks CONSTITUTIONAL CONVENTION. 315 as these how will they feel toward a pro- necting that with tile fact that so few votes position, originating from this class of peo- were polled when the question was subple, to change the Constitution of the State mitted to them. I suspect that these to suit their ideas? Not very favorably. arguments are made for the purpose of We cannot insert-the discussion shows defeating the work of this Convention, this already-we cannot insert any article for the very reason that the indifference into the Constitution fixing a day for hold- of the people showed an entire disregard ing municipal and county elections, no of what might be its results. matter what day is fixed, without consid- There have been frequent comparisons erable opposition. This discussion has in reference to the condition of affairs in shown that, no matter what day is named, Philadelphia now to what they were years it will excite some opposition to this entire ago. I propose to say very little about Constitution. If you name a day in this that, but as a citizen of a rural district, I article that will suit the people of Lancas- have just this to say: That I can remernter and Delaware, and other counties of ber a time when, it seems to me, the afthe southern part of the State, it will not fairs of Philadelphia were not managed suit the people of the northern part of the much better than they are now. I can reState, and some votes will be made member when Philadelphia electedto its against the Constitution on that account. chief magistracy an officer who had not But it is said it is necessary to do this power to put down a mob, of one hundred in order to prevent fraudulent voting in men, when church burning and hall burnPhiladelphia. How will it do it? Take ing in Philadelphia were not very unthe statement of the gentleman front common, and I would say, if I were to exPhiladelphia (Mr. Gowen) this morning press my opinion, that the officer of this as true. I klnowa nothing about it, but city who could stand by and see one huntake it as true, how will it bear upon the dred rioters put the torch to a hall, without proposition before us? How will fixing a the power or the nerve to prevent it, was uniforlm day for holdinfg municipal and a worse magistrate than any that has been county elections obviate it? WVill it not be seen in the city since they held their elecas easy to do all that he has described tions in October. That is the view that a upon two different days as upon one? I citizen from a rural district takes of it. I cannot, for the life of me, see how there is do not know how Philadelphians look at no more possibility of fraud in elections it; but I will not pursue this subject any under the one proposition than under the further, for the reason that I do not see other, nor how it will not be as easy to do what bearing it has upon the subject beall that he has described if the section be fore us. adopted as it will be if it be voted down. The question before us is simply whethThe chief objection I make to it, how- er the Legislature shall have the authority ever, is that it will certainly excite oppo- to change the time of holding the mnunicisition to the entire Constitution. Ve have pal elections, provided it is restricted to a no votes to spare, I fear, for the amended time within four months of the general Constitution. There is a great deal said election. While I am in favor of giving about what Philadelphia expects the Con- the power to the Legislature, I prefer to vention to do. I do not know by what leave Lit there, just as it is, and insert in authority gentlemen on the floor say that the Constitution a general provision that Philadelphia expects anything when the the Legislature shall not pass any special question was submitted to the people of law whatever, but that it will allow the this Commonwealth, whether this Con- people of Philadelphia to regulate their vention should be called or not, out of one own affairs, in their own way, and all the hundred thousand votes in this city, a other cities of the Commonwealth in the little over sixteen thousand took the like manner by the same law. When we trouble of going to the polls to vote to call have done that, it seems to me we will this Convention, only a little over sixteen have performed our duty. thousand people in this city took any in- Mr. KNIGHT. Mr. President: Judgterest in the calling of this body together. ing from the remarks which have been How do we know that the, city of Phila- made in this Convention for the last two delphia desires any change whatever? I days, we might suppose that the people say that the arguments made upon this were no longer capable of self-governfloor would be consistent, if the gentle- ment. WVe would be led to believe, sir, men making them desire to defeat the that all the people of the city of Philadelenti-e work of the Convention, and con- phia are corrupt, and the people through 316 DEBATES OF THE out the country are pure in their senti- pose of making a Constitution that will ments, actions and votes. Now I am not force laws upon the people against their one of those who believe this. I am of will. They have to endorse our work, the opinion that there is just as much pu- and if we perform it in such a manner as rity in this city as there is in any other sec- not to satisfy them our labor will be of no tion of this State. I do not claim that avail. there is any more. One would be led to I have but one word more to say, and suppose, from listening to the language of then I am done. I am in favor of leaving some of my colleagues, that they knew all the power of fixing the clay of the elections about these corruptions, and were really in the different localities of the State with identified with them. For my part I do the Legislature. The people have, for not claim any such knowledge. They are many years, elected the judges of our afraid to trust the Legislature with any courts, and there is no State in the Union power. The Legislature comes from the that can produce a better judiciary, more people. "WVe, the people," electitsmem- honest and competent judges, than those bers; and we must remember that Phila- which have been elected by the citizens delphia is represented in that body by a of Philadelphia. very small minority, only four Senators I hope we shall hear nothing more of out of thirty-three, and a proportionate the tirade of abuse against the people of number in the House of Representa- Philadelphia from her own representatives. tives. I am pleased to see that we have I have not lost faith in the people, nor not heard it from the people of the counin the establishment of this government. try. Such sentiments have only come It was the unanimous voice of the people, from the representatives on this floor who originally, that we should have a republic, have been sent here by those upon whose and they gave it to us, and when this heads, for the past few days, they have great country was assaulted by a portion seen fit to heap such maledictions. of its people, the great mass of our coun- Mr. MACVEAGHI. Mr. President: I dctrymen, in their might, put down the at- sire simply to say that I shall vote for the tacking power and perpetuated this great amendment of the gentleman from Delarepublic for us. ware (AMr. Broomall) with great pleasure, From what has been said, one might as I shall vote for every other proposition also suppose that no man is nominated which comes before this Convention, for an office in this city who is not cor- which endeavors, in however slight a derupt. That is paying a very doubtful gree, to confine this body to its legitimate compliment to the members of this Con- duty of making a fundamental law, and vention, all of whom have some preten- which endeavors to prevent it from assions to honesty and respectability. I see suming the province of the Legislature of some around me who have alwavs been Pennsylvania. I know, sir, that it is a honored in this community, and they prevalent notion here that we not only have been sent here by both parties. have the right to make a fundamental There, doubtless, have been cases, Mr. law, but that we have the right to legisPresident, in where there were slight in- late for the people of Pennsylvania; and formalities in our elections, and I am one we have a right to declare judicially fo of those who have come here to assist in the people of Pennsylvania upon the body mlaking a Constitution which, I hope, will of their laws; and that we have a right to correct such informalities, but I do not deprive them, if we choose, of an Execuwish to take the power away from the tive Department; that all the powers of people, for I am confident that they will the government are centred here, and correct many of the abuses themselves. that we have and are at perfect liberty to For instance, in 1868 Mr. Seymour re- burden our Constitution with any amount ceived a majority, in the Fourth ward, of: of legislation, as other States have done three thousand three hundred and three, of late years, because some gentleman in more than there were legal voters in the this body sees some local evil and wishes ward. The people said that was wrong, to redress it, because some gentleman porand the next four years, when the vote trays the blackness of political infamy in was again cast for President, Gen. Grant the frauds committed at our elections and received a majority of fifty-eight. The wishes to remedy the evil. people took hold of the matter and cor- Mr. President, there certainly are limirected the evil; and the people will al- tations to our power. The people will not ways do it. We are not here for the pur- be told that matters which belong to them CONSTITUTIONAL CONVENTION. 317 in the sessions of their Legislature shall ed the federal Congress are what? Great not be left in their control. The spirit of speculators, gigantic intelligences that the time now is that everybody should were combined with the iron pathway tend not to his own business but to the which unites, in continuous lines of travel, business of everybody else. Should a the east and the west of the continent. Convention, called for the purpose of The evils which exist elsewhere, in your amending the Constitution, resolve itself State Legislature and in your municipal into a Legislature of the State, and recog- governments, exist, perhaps, in each counnize no possible limitations upon its ty throughout the State; exist, perhaps, power? We do not get to the root of everywhere, where men are engaged-as these evils. It is not a costly exercise of to-day ninle-tenths of men are engagedvirtue to rise in our seats here and de- in the mad pursuit of illicit gain. nounce fraud in the city of Philadelphia. These corruptions exist because we live If it will be at all helpful to us, I am very not in a time of public spirit. We do not glad that gentlemen who live here have breathe the atmosphere that Pericles revealed their knowledge of things which breathed; we do not breathe the atmoshave taken place. I care not which po- phere that Washington and Franklin litical organization has been party to them and Jefferson breathed. The ambitions or been benefited by them. If the transac- of to-day are not the ambitions to serve tions detailed here have occurred they the State. The only worthy ambition of have defiled, shamelessly defiled, the men to-day is, it seems, to get rich; and name of either of the political parties therefore great associations of individual which have possessed the power of the enterprise, to which all honor is due, American government at different peri- and great associations of corporate enterods of its history, and, so far as it comes prise, to which all honor is due, are within our province, I will join any man formed everywhere. As we live in an in any well-considered plan to put an end era of unexampled material prosperity, so to them; but I will not legislate, even at we must take some of the consequences of the risk of being misunderstood. it. I believe the Legislature of Pennsyl- If our legislators are not pure it is bevania is perfectly competent to decide cause our electorate is not pure. They when the supervisors of my coun'ty shall represent not the best, not the virtuous, be appointed; far more competent to de- but they represent the average moral and cide it than this Convention. It is alegiti- political sense of the community. Look mate subject of legislation, and not alegiti- at the startling fact that one gentleman mate subject of limitation in the funda- stated, that in this great city of Philamental law, and therefore I shall vote for deplhia there were but sixteen thousand the amendment of the gentleman from voters who even thought it desirable to Chester, (Mr. Broomall,) and I shall vote make any change, here and now, in the for it upon another ground-that we do fundamental law. There are other great not get at the root of this evil at all. I do districts of the State where the political not believe that we have any different demoralization prevails, I am assured, to political light from that which we deserve. an. extent equal to that in this city. But The waters running from the fountain do we will not cure that by attempting to 1not naturally rise higher than their source, legislate. It does seem to me that we can and the public life of America and of afford, certainly within the narrow limits Pennsylvania to-day is just the reflex of prescribed by the amendment of the the private business life of America and gentleman from Delaware, (Mr. Brooof Pennsylvania to-day. Shame is man- mall,) to leave the fixing of the day telling every cheek because of the inves- when the supervisors of the different towntigation which is progressing elsewhere. ships of each county in the State are to be From whence proceeds the necessity of elected to the Representatives of the peosuch an investigation? In the frauds of ple in the General Assembly. the directors and officers of a mammoth Mr. CAMLPBELL. Mr. President: I am corporation; and while it is a deed of in- glad to find that the gentleman from famy for them to have arrayed themselves Dauphin (Mr. MacVeagh) is so convinced in the robes of State, still their capacity of the political corruption of the State and for, power, and their disposition to use it the country at largein the infamous manner which they have, Mr. LILLY. Mr. President: I rise to a was wholly independent of their political point of order. We are not now discuscharacter. The men who have debauch- sing the question of the corruption of the 318 DEBATES OF THE city of Philadelphia. I ask that gentle- province as a Constitutional Convention men confine themselves to the question to remedy if we wish to frame'a document before the Convention. that will be a reform Constitution. The PRESIDENT. The rule of the Con- I hold that this Convention should put vention is that gentlemen shall confine into this Constitution something which themselves to the subject proper in de- will be up to the requirements of the age bate, but it is a very disagreeable rule in- -something that will totally prohibit deed for the Chair to insist upon. The the Legislature from interfering with the Chair is of opinion, however, that the different sections of the State, so that the question of corruption in different sections mass of the citizens of the Colmmonwealth of the State is not so irrelevant to the pre- may have good laws and good provisions sent subject before the Convention as to in their Constitution, independent of the call for the intervention of the Chair. varying whims of legislative bodies. Air. CAMPBELL. Mr. President: I was The very fact that the gentleman menabout to state, when the gentleman (Mr. tions that giant and mammoth corporaLilly) so unceremoniously interrupted tions, as he called them, are now steeped me, that the corruptions of the State, in in corruption and are using every enreference to the elections held by the citi- deavor to corrupt the sources of power, zens of the State, are what we are now and the very fact that these corporations properly considering, and what this see- wield such an immense power for evil, intion, reported by the comnlmittee, and this dicate to us, as members of a Convention, amendment, moved by the gentleman to amend the Constitution, that we must from Delaware, (Mr. Broomall,) were in- imperatively provide means to protect the tended to reach; and therefore it seems people against such power, even if in orto me it is very properly now before us to der to effect it we encroach upon what is consider what remedy we can devise that termed legislation. We must put into will remove corruption from the elections our Constitution legislative acts. If we of Pennsylvania, whether it be in Phila- merely confine ourselves to general prindelphia or in any other section of the ciples we shall not accomplish that reState. I will merely state now that the form for which the people of Pennsylvacorruptions are not confined to Philadel- nia are anxiously waiting and hoping, phia. They are also found in the gentle- and which they are unquestionably deman's (Mr. Lilly's) own district, and in manding. other districts of the State. We are now to Therefore I say, in reference to the imcensider those corruptions, and to find, if mediate question before the Convention, possible, a remedy for them. the amendment of the gentleman front I was going to say that I am glad that Delaware, (Mr. Broomall,) that I hope it the gentleman from Dauphin (Mr. Mac- will be voted down, so that the LegislaVeagh) is so convinced, is so well con- ture shallnot have the power to interfere, vinced, of the wholesale corruption that and so that this Convention may say to prevails throughout the State and coun- the people of Pennsylvania, whether it try. But I differ materially from him be said to be in the nature of a legislative when he says that we are not called upon act or not, that the Legislature shall not to legislate in this Convention. have any capacity to interfere in any seeIt has been the history of all the Con- tional or local matters. stitutional Conventions in this country, for IMr. GOWVEN. Mr. President: I desire the last twenty or tChirty years, that they to say a few words further on this subhave been compelled to legislate for the ject. I endeavored awhile ago to present good of the citizens of their respective an argument, based upon present WellStates, and while the theory of a Consti- known evils, to show that the section sugtutional Convention in old times was that gested by the Committee on Elections nothing should be put into a Constitution should be adopted, and would cure, at but general principles, yet it has been least, one of these evils. found absolutely necessary in these later I was amazed to find that my remarks days to put in some articles of legislation. created such excitement throughout the The gentleman says he is convinced ot Convention. My friend from Philadelthis wholesale corruption, and yet he pro- phia (Mr. Simpson) immediately got up poses to leave it to the Legislature to fix a and likened me to Baron Munchausen, day in this county and another day in that and said that this state of things e:i stled county, thus involving again all the evils three years ago, but no longer exists in of special legislation, evils which it is our Philadelphia. My friend from Potter CONSTITUTIONAL CONVENTION. 319 (Mr. Mann) rose and lighted the torch of after the word "Legislature," and inserthis eloquence at the ruins of one of the ing so that it shall read, as follows: churches that was burnt during the Phila- 4" That the Legislature may by law condelphia riots of 1844. My friend from fer upon the electors of any city or Philadelphia (Mr. Knight) denied that county the right to fix another day, by a there was any impurity among the citi- vote which shall be taken at the next zens of Philadelphia, and said that they general election." were as pure a body of people as existed The question being on the amendment in the State. My friend from Dauphin of Mr. Simpson to the amendment offered (Mr. MacVeagh) took passage upon an by Mr. Broomall, the yeas and nays were express train on the Pacific railway and required by Mr. Simpson and Mr. HEanna, carried us in imagination across the con- and were as follow, viz: tinent, and filled the sails of oratory, Y E AS. wafted us over the ocean, until, subdued by the charms and blandishments of As- Messrs. Baker, Bardsley, Bowman, Colpasia, he enlarged upon the glories of lins, Darlington, Edwards, Hanna, Lilly, Greece in the age of Pericles. Littleton, Mann, Palmer, H. W., Simpson, Slllith, Ienry W. and Struthers-14. I have this to say, in continuation of the remarks which called forth all this elo- N AYS. quence, that if I had for one mnoment con- Messrs. Achenbach, Andrews, Bacr, ceived that any remark of mine would be Baily, (Perry,) Beebe, Bidlle, Black, so construed as to imply any reflection Chas. A., Black, J. S., Brodhead, Broolupon any one political party, I would all, Campbell, Carey, Carter, Cassidy, have said then what 1 do now, that Church, Corbett, Corson, Craig, Curry, neither political party, in my opinion, is Curtin, Cuyler, Dallas, De France, Dimmore guilty than the other; that both are mick, Dodd, Elliott, Ewingo Finney, equallyguilty, forboth have about equally Funck, Gibson, Gowen, Guthrie, Hall, indulged in the corruptions of which we Hay, Hazzard, Hemphill, Heverin, Hopcomplain. If the palm of superiority is kins, Horton, Howard, Hunsicker, Knight, to be awarded to either it is always due to Landis, Lear, Long, M'Allister, M'Clean, the one lastin power. Frauds have been MacConnell, M'Culloch, M'Murray,:Macprogressive, and each succeeding admin- Veagh, Minor, Niles, Palmer, G. W., Patistration has learned something from its terson, T. H. B., PurmIan, Purviance, S. predecessor. I A., Read, John R., Reed, Andrew, Rooke, So far from making any attack upon Ross, Smith, H. G., Smith, W. H., Stanthe purity of the people of Philadelphia, ton, Temple, Turrell, Walker, Wetherill, I believe there are no better and purer J. M., Wetherill, John Price, Wherry, citizens in the whole length and breadth White, J. W. F., Worrell, Wright and of the United States than those who re- Meredith, President-74. side in Philadelphia, and if I were to'So the amendment to the amendment make a mathematical calculation of the was rejected. amount of corruption among them I feel ABSENT on NOT vOTING.-Messrs. Adsure I should find as a result that out of dicks, Ainey, Alricks, Armstrong, Bailey, every one hundred of Philadelphia's citi- (Huntingdon,) Bannan, Barclay, Bazens there are ninety-seven pure and tholomew, Boy, Brown, Buckalew, three corrupt. I do consider it a burning Clark, Cochran, Cronmiller, Davis, Dunshame that these ninety-seven have no in, Ellis, Fell, Fulton, Gilpin, Harvey, voice in our elections, and are controlled Kaine, Lamberton, Lawrence, n'Camalt, by the other three. PnMantor, Metzger, Mott, Newlin, Parsons, It is simply with the view of securing Patterson, D. W., Patton, Porter, Pughe, purity of elections to the pure people that Purviance, John N., Reynolds, James L., I claim that some Constitutional restric- Reynolds, S. H., Runk, Russell, Sharpe, tion should be imposed upon the corrupt Stewart, Van Reed, White, David N., people, so as to render it impossible that White, Harry and Woodward. three wicked men in every hundred can Mr. NEWLIN. I move the Convention manipulate and control the votes of the adjourn ninety-seven pure Men'. Mr. BROOMfALL. I rise to a point of orMr. SIMPsoN. I desire to amend the der. The motion to adjourn is not in orproposition of the gentleman from Dela- der, as the Convention, by resolution this ware, (Mr. Broomall,) by striking out all morning, agreed to continue the session t,. 320 DEBATES OF THE day until the final vote on the subject ment offered by Mr. Broomall, it was inot now under discussion should be taken. agreed to. The PRESIDENT. The resolution refer- Mr. HAY. I now offer, as an amendred to by the gentleman will be read for ment, to insert the word " county" before the information of the Convention. the word " city." The CLERK read as follows: The question being taken on the amendResolved, That the final vote upon the ment, it was not agreed to. pending section, reported by the Commit- The PRESIDE-NT. The question is upon tee on Suffrage, Election and Representa- the adoption of the section as reported by tion, be taken to-day, and that the hour of the Committee on Suffrage and Election. adjournment be postponed, if necessary, The Clerk will read it for the information for this purpose. of the Convention. The PRESIDENT. The Chair under- The CLERK read as follows: stands the latter part of this resolution to "All elections for city, ward, borough mean that the hour at which the Presi- and township officers, for regular terms of dent shall adjourn the Convention, with- service, shallbe held on the third Tuesday out a motion, is postponed until the final of February." vote is taken upon the pending question, if it should be taken in the course of the SPRING ELECTIONS ADOPTED. clay. The Chairwill take occasion again The question being taken on the section to observe that a standing rule of the as reported by the Committee on Suffrage, Convention requires all resolutions in- tie yeas and nays were required by volving an alteration of the rules or ad- Mr. Mann and Mr. J. Price Wetherill, dition thereto to lie on the table one day and were as follow, viz: for consideration, and also that the rule of the Convention is absolute that a motion Y E A S. to adjourn shall always be in order. The M fessrs. Achenbach, Andrewas, 13aer, motion to adjourn is in order. Bailey, (Perry,) Beebe, Black, Chas. A., The question on adjournment being Black, J. S., Brodhead, Brooinall, Camptaken, a division was called, and it was bell, Carter, Cassidy, Church, Corbett, not agreed to; ayes,thirty-three, noes, fifty- Craig, Curry, Curtin, Cuyler, Dallas, De three. Franee, Dodd, Dunning, - Elliott, Ewing, Funck, Gibson, Gowen, Guthrie, Hall, Mir. tAY. Mr. President: I do not inHay, Hazzard, Hemphill, Heverin, Hoptend to detain the Convention by adding, H, H kins, Horton, Howard, I Iunsicker, Lananything further to the discussion of this s, Lawrence, Lear, illy, Long, Allisquestion. It has already been discussed, ter, MClean, MIConnell MIurray, Miit seems to me, sufficiently for the inform- nor Niles Palmer G. Cn, Pattersoa Tation of all the members who propose n I.. B., Purman, Purviance, Samut el A., voting upon the question; but I desire it H. B., Purman, Purviance, Samuel A., to be understood, as far as I am concerned eed, J.., eed, Andrew, ooke, Smith, 9-H. G., Smith, Henry W., Smith, WV. H., that I am in favor of separating the elect- Temple Turrell Walker, etherill tions for political officers from those that Wehell, are, as I think, non-political in their char- M., Wherry, White, J. W. F., Worrell acter. I only desire now to say that I see ht and Meredith, no reason why the section, as reported by N A YS. the Committee on Suffrage, should not be extended so as to include other officers Messrs. Baker, Bardsley, Biddle, Bowthan those included in its provisions. I man, Carey, Collins, Corson, Darlington, can see no reason why elections for county Dimmick, Edwards, Finney, Hanna, officers, prothonotaries of courts, sheriffs Knight, Littleton, MacVeagh, Mann, Newof counties, and such like, should not also lin, Palmer,H.W., Ross, Simpson, Stanton, be held at a time separate from the nra- Struthers and Wetherill, Jno. Price-23. tional and State elections. I therefore So the section was agreed to. shall simply state that, if the amendment ABSENT OR NOT VOTING. - Messrs. n1owV pending is voted down, I will pending is voted down, I will Addicks, Ainey, Alricks, Armstrong, mlake a motion to insert the word'county" Bailey, (Huntingdon,) Baunan, in the section reported by the committee. The question recurring on the amend- clay, BClarth, Colomewchran, oyd, Brown, Buck-'he question recurring on the amend- alew, Clark, Czlchran, Cronmiller, Da CONSTITUTIONAL CONVENTION. 321 vis, Ellis, Fell, Fulton, Gilpin, Harvey, Runk, Russell, Sharpe, Stewart, Van Ka.ine, Lamberton, M'Camant, Mantor, Reed, White, David N., White, Harry Metzger, Mott, Parsons, Patterson, D. T., and Woodward-42. Patton, Porter, Ptughe, Purviance, John On motion of Mr. Temple the ConvenN., Reynolds, James L., Reynolds, S. H,, tion then adjourned. 21 322 DEBATES OF THE TWENTY-THIRD DAY. WEDNESDAY, January 22, 1873. ADOPTING NEW SECTIONS. The Convention met at twelve M. Rev. Mr. GIBSON. Mr. President: I offer James W. Curry offered prayer, as fol- the following resolution: lows: Resolved, That it is the sense of this Almighty Father, command thybless- Convention that no vote shall be taken ing to rest upon us this day, and teach us upon any section of the new Constitution, in our hearts to pray, as Thou hast taught reported by any committee, until the enus: Our Father, which art in Heaven, tire report ofthe committee be filed. And hallowed be Thy name. Thy kingdom it sections are under consideration by come, Thy will be done on earth as it is in other committees, such votes shall not be Heaven. Give us this day our daily taken until such other report is filed. bread, and forgive us our trespasses as we On the question of proceeding to a secforgive those who trespass against us. ond reading of the resolution, a division Lead us not into temptation, but deliver was called, which was decided in the us from evil, for Thine is the Kingdom, negative, a majority of a quorum not votthe Power, and the Glory, forever and ing in the affirmative. ever. Amen. FURNISHING THE JOURNAL TO REPORTThe Journal of yesterday was read and ERS. approved. Mr. BARDSLEY. Mr. President: I offer LEAVE OF ABSENCE. the following resolution: Mr. PURMAN. 3Mr. President: I ask Resolved, That ten copies of the Journal leave of absence for Mr. Dodd, of Frank- be furnished to the reporters of the press lin, who has been called home for a few engaged in reporting the proceedings of days. the Convention. Leave was granted. On the question of proceeding to second reading, a division was called, which was COMPULSORY EDUCATION. decided in the negative, a majority of a Mr. TURRELL offered the following quorum not voting in the affirmative. resolution, which was referred to the Mr. MACVEAGIH. Mr. President: I offer Conmmittee on Education: the following resolution, by instruction of Resolved, That the Committee on Edu- the Committee on Judiciary: (cation be directed to prepare a section for Resolved, That the Chief Clerk be inthe Constitution providing for compulsory structed to address a letter to the prothonod0ucation of all children in the Common- tary of each court of record in the State, rewvealth between the ages of five and fif- questing such officer to furn ish to the Con-;teen, and making it the duty of the Legis- vention the number of civil causes pend-!lalu:r:e to provide the proper enforcement ing on their respective dockets, arranged thef eoof by appropriate legislation. according to the years in which the respecLEAVE OF ABSENCE. tive writs were issued. On the question of proceeding to second Sr-.. HOIPKRINS asked for and obtained reading, a division was called, resulting hianve f absence for Mr. Alricks, of Dau- forty-seven in the affirmative and eleven pbhin, for a few days. in the negative. Mrx. EL;LIS asked for and obtained leave So the resolution was read a second of absence for Mr. Bartholomew, of time. Schuylkill, for a few days. Mr. MACVEAGH. Mr. President: May MiVr. J.'IA. F. WHTIITE asked for and ob- I simply say to the Convention that the -taimed I:e,:e of absence for a few days for Judiciary Committee think that this inMr. Edcwvards, of Allegheny, who was formation would be useful, not only to called home suddenly in consequence of them but to the members of the Conven-:sicknes~s tion? You will observe it that it is in the CONSTITUTIONAL CONVENTION. 323 narrowest possible form, asking simply time in making up the certificate requirfor the number of cases pending by years, ed. I think it important, sir, that we and therefore can be given certainly with should know just what has been the acvery little labor and effort, and it will tion of the grand juries upon the returns show whether or not further judicial made by the subordinate judiciary, and force is needed in the different judicial we should know how many returns the districts. Certainly it will furnish some subordinate judiciary have made, the of us the information that we need, and character of the returns and what dispoas it will give but very little trouble and sitions have been made of the bills which labor, I hope the Convention will agree to have been presented to the court. All the resolution. that is required is for the clerks of the Mr. WORRELL. Mr. President: I offer quartersessionsto saythat ata certainterm an amendment to the resolution. a certain number of returns were made; The CLERK read the amendment,' as that of those returns a certain number follows: were ignored and a certain number were "And that the clerks of the courts of returned true bills; and with regard to quarter sessions shall certify the number the true bills, conviction followed upon a of returns made to each term wibhin the certain number and upon a certain other last two years, and the disposition made number the verdict was not guilty. of the same by the grand juries and the It is important that we should have this courts. " information, in view of the fact that efforts Mr. MANN. Mr. President: I trust that will be made to abolish the grand jury, amendment will not be adopted. I think and ill view of the fact that a subordinate, the original resolution is asking quite different from that which now exists in enough of these officers. In many coun- the Commonwealth, is contemplated by ties of the State the duty required by the certain resolutions which have been offeramendment will be imposed upon the ed in this Convention. same officers that will have to respond to I hope this amendment will pass, as it the information asked for in the resolu- will not impose upon those from whom tion, and by the resolution itself we will the information must be obtained more impose a great deal of labor upon them, than an hour's labor. and it seems to me we are making these Mr. President: The inquiries of officers with a little disregard to the amount of labor imposed. The a resolution, as it wxvas offered by the gentleto the amount of labor imposed. The answer of the Auditor General, directed to manfrom Dauphin, (Mr. MacVeagh,) was offered at the suggestion of members of us day before yesterday, clearly proved that. I am in receipt of a private letter the Judiary Coamendment was conquestion from one of the clerks in the Auditor involved in the amendment was considerfrom one of the clerks in the Auditor General's office, which makes it still ed by that committee, and although it stronger. He says that the information might be desirable to obtain the inferniaasked for in the resolution would require tion, it was the judgment of the committhe time of one clerk for an entire year, tee that we ought not to call for it at this and that the business of the office would time, inasmuch as it would involve an be seriously interfered with by attempt- amount of labor to the prothonotaries ing to answer it in the form in which it of any informationg delay the prourement weas sent tothem, and if gentlemen will of anyinformation, and as there is no prorefect for a moment they will see that vision to pay them, the probabilities are reflect for a moment they will see that the resolution offered by the gentleman that from the majority of counties e from Dauphin (Mr. MacVeagh) will im- get no answer. pose a gread deal of labor upon the pro- The resolution, as reported on behalf of thonotaries of the several counties, and in the coanlittee, has been carefully conmany counties the clerk of quarter ses- sidered, and it involves only such insions is the prothonotary, and this amend- formation as is desirable, and which can ment will impose upon them the addi- certainly be procured without much intional work. I hope, therefore, that the convenience. I therefore trust that the amendment will not be adopted. amendment will not prevail, and that the Mr. WORRELL. Mr. President: In or- resolution, as reported from the Judiciary der to furnish the information which this Committee, will pass. amendment calls for, the clerk of the The question being taken upon the court of quarter sessions will not be re- amendment offered by Mr. Worrell, it quired to spend more than one hour's was rejected. 324 DEBATES OF T-HE The PR:ESID)ENT. The question recurs imitteeneed can be furnished by the mrenupon the original resolution. bers of this Convention; all the general MIr. DI)ARTINGTON. iMr. President: I information that is necessary as to re-orwould gladly vote for information that is ganization, if re-organization of the judireally desired and valuable to any corn- ciary department be necessary. Be need rnittee of this Convention, which they not put these officers to the trouble, nor rmay esteem necessary to the discharge of submit ourselves to the delay of weeks, their duty, but I am at a loss to conceive which must necessarily pass before replies how the information sought for can possi- can be had from the various officers of the lbly aid them. They wish to know how different courts throughout the State. I mlany suits are pending, and how many am therefore opposed to the resolution. cases are on the trial list in a particular Mr. MIACVEAGIH. Mr. President: The district, with a view, I suppose, of de- inquiry, as now narrowed down, is not termining whether any, and, if any, what open to the objections raised against it by alteration should be made in that portion the gentleman from Chester, (Mr. Darof the Constitution relating to the judi- lington,) and it is not true, I venture to ciary. In other words, whether we say, that other gentlemen are able to proshouldc provide a stronger judicial force nounce as positively as he seems to be, for a district that has a large amount of that in the districts in which the business unfinished business in it. is in arrear the judge is inattentive and Now this will not give the desired in- incapable, and in the district in which formation to enable them to arrive at that the business is not in arrears the judge is result. Why? Beceause you may take attentive and capable. There are districts, a district where there is an active and we are told, in which the business is in. energetic judge-such as I have the honor arrear for lack of judicial force to disto live in-and in which there are very few patch it, and it certainly is important for cases remaining on trial, and in which this Convention to know, and for the there is no extra judicial force required, gentlemen who are about to pass upon because he is able to do all the work. the judiciary article of the Constitution You may take another district, where to know —not whether in their own disthe judge is less energetic and less tricts, owing to local causes, the list is in efficient, who does not work so hard, and a satisfactory or unsatisfactory conditionyou xvill find that there is a large num- but whether additional force is necessary ber of cases pending and undetermined- in any district of the State. The memlbers VVhat then? Are: you to provide addi. of this Convention well know that no tional force for the inefficient judge, or body of public servants deserve better of would not the remedy be such a re-or- her than her judges of the courts of com-,ganization of the judiciary as should give common pleas throughout the Commonto such district a judge who can do the wealth. There are no men who endeavor business? It does not seeln to me, sir, to discharge their duty mlore promptly, that this information would at all aid us and who do, in fact, discharge it with in arriving at any correct result as to better satisfaction to their constituents. hile judicial force necessary to be applied Knowing this, it surely can do no harm in a particular district. It does not at all to the Convention to be infoirmed of the follow that because there nmay be a judge number of cases now pending, with the in any particular district unable to dcle- length of time they have been prmding, spatch the duties of his office, or who and the year in which they wvere brought, does not work long enough, or hard throughout the Commonwealth. enough, to get through with it, it does It will not take any intelligent pronot at all follow that the State must be at thonotary clerk two hours, outside of the thle expense of providing another. That great cities, to furnish the information, inust be corrected by the people of the and surely it will show the condition of district at the next election. Elect the the public business generally in the man wmho has the force of character, the courts of the Commonwealth, and will will and the health to go through with show whether or not a thorough re-orthe business, and that is all you need. ganization is needed, and whether an adThere is no member of this Convention ditional force is required in the judicial who has not a general knowledge of the department. condition of the business in his district It is not intended to wait for the inforand the counties he represents. All the mation. It is supposed by the committee informnation wh-rlich the Judiciary Com- that the information may be useful in the COiS$TITUTIONAL CONVENTION. 325 final judgment which this Convention and after Monday next the sixth sub-dipasses, if it reaches us in time, and, as it vision thereof shall be first called after is a small request of the officers to furnish the Journal has been read, except on Satit, I cannot conceive what harm it can do urday of each week. to anybody. The question being, shall the ConvenMr. MINOR. Mr. President: It seems tion proceed to the second reading and to me, sir, that the Judiciary Committee consideration of this resolution, it was is not only fully justified in calling for agreed to. this information, but it would really be Mr. LILLY. 1 offerthe following amendin error if it did not call for it. Will we ment: undertake to pass upon a judicial system "ALnd that the sessionS of Saturday shadl without ever the committee having the be for general debate only.g' official means of information as to how the business of our courts stands? We The question being upon the amendneed it, sir, and we ought to have it. ment offered by Mr. Lilly, the yeas and It may not be true that it will give every nays were required by Mr. Darlington and thing that they may need; it may not an- MacVeagh, and were as follow, viz: swer every question; it may not give all YE A the information upon every point before them; but it is a part, and a very import- Messrs. Ainey, Andrews, Armstrong, ant part, of the information needed, how Baer, Bardsley, Biddle, Black, J. S., Bowthe dockets now stand and what is their man, Boyd, Brodhead, Broomall, Corson, recent history. Curry, Cuyler, Dunning, Ellis, Fell, FinMr. TURRELL. I regret to have to ney, Funck, Gibson, Gowen, Guthrie, make any objection to the request made Hanna, Harvey, Howard, Hunsicker, by a committee, and if I could see any Knight, Lamnberton, Lear, Lilly, Long, benefit to be derived from it I would wil- MacVeagh, Metzger, Newlin, Palmer, G. lingly vote for it. I have two objections WV., Palmer, H. W., Parsons, Patterson, to it. One is that this information, when D. W., Patton, Porter, Ross, Runk, Simpobtained, will be only an approximation; son, Wetherill, J. M., Wherry and Wright it will not be accurate. There are lawyers -46. enough in this Convention to know that NAYS the state of the trial list and of the docket, which the resolution calls for, depend Messrs. Achenbach, Baily, (Perry,) Banvery much upon the ability of the judges nan, Beebe, Black, Chas. A., Brown, Campto dispatch business and upon their dis- bell, Carey, Carter, Church, Clark, Cochposition to labor. I have still another ob- ran, Collins, Corbett, Craig, Curtin, Dallis, jection upon which it will not be neces- Darlington,De France, Elliott, Ewing,Fulsary to enlarge upon. It is this: The ob-. ton, Hay, Hazzard, Hemphill, Heverin, ject for which this information is desired HIopkins, Horton, Landis, Lawrence, Litis to assist the Committee on the Judiciary tlteon, M'Allister, M'Clean, M'Connell, to arrive at a conviction whether or not M'Culloch, M'Murray, Mann, Mantor, more judicial force is necessary for the Minor, Niles, Patterson, T. H. B., Purproper dispatch of business. I claim, sir, man, Purviance, Samuel A., Reed, John that thiis is a subject on which every lem- R., Reed, Andrew, Rooke, Smith, H. G., her is supposed to be informed, and will be Smith, Henry W., Smith, W. I., Stanton, able to bring that knowledge to bear on Struthers, Turrell, Walker, Wetherili' the question when the question comes to J no. Price, White, J. W. F., Worrell and be considered. Meredith, President-57. The question being upon the resolution, So the admendment was rejected. it was agreed to. ABSENT OR NOT VOTING. -Messrs. CHhANGE OF RULESE. Addicks, Alricks, Bailey, (Huntingdon,) Mr. MACVEAGH. Mr. President: I now Baker, Barclay, Bartholomew, Buckalew, move the second readingof the resolution Cassidy, Cronmiller, Davis, Dimmick, on the order of business, which I offered Dodd, Edwards, Gilpin, Hall, IKaine, yesterday. M'Camant, RMott, Pughe, Purviance, John The resolution was read for information, N., Reynolds, J. L., Reynolds, S. H.. as follows: Russell, Sharpe, Stewart, Temple, Va:.a Resolved, That rule seven of the order Reed, White, David N., White, Harry and of business shall be so amended, that on Woodward-30. 326 DEBATES OF THE Mr. CORBETT. I move to amend the the more important mattersof consideraresolution, by striking out the words tion of the proposed text of the Constitu"except on Saturday of each week." tion. In other words, we have the report Mr. JOSEPH BAILY. I would like to of the Committee on the Legislature beknow how the resolution would read in fore us, and as other committees will certhat case. tainly be ready to report by the time this The PRESIDENT. The Clerk will read report is disposed of, I thought it wise that the resolution. this report of the Committee on the LegThe CLERK read as follows: islature should be the first business in Resolved, That rule seven on the order order on our assembling each day, except of business shall be so amended, that on on Saturday; that instead of receiving and after Monday next the sixth sub-di- original resolutions, which give rise to devision thereof shall be first in order after bate, instead of calling the yeas and nays the Journal has been read. upon various questions that arise, and inMr. DARLINGTON. Am I to under- stead of listening to the resolutions which stand by the amendment that the,Con- we have listened to with great patience vention is to hold no sessions on Saturday? for many weeks, we shall devote ourMr. CORBETT. The object is, if there selves to the practical duties of the Conis a session on Saturday, that the rule shall vention, which are, it seems to me, to deprevail as well in respect to that session as cide upon the text of the Constitution. to any other day. But there are gentlemen who think that The PRESIDENT. The question isonthe the motion I have made will not advance amendment. the ainm I have in view, and as that inThe yeas and nays were demanded. formation comes to me from sources which Mr. MACVEAGH. I desire to ask the I am always accustomed to listen to with unanimous consent of the Convention to great deference, perhaps we will achieve make a few remarks, that will obviate the more rapidly our desire by following the necessity for the call for the yeas and regular order of business. I have no nays. tenacity about this proposition. All that Mr. CORBETT. I move that the gentle- I wished was to prevent our wasting one man have leave. day after another without any serious The Convention gave its unanimous progress in our work. consent. We met on the 12th of November and Mr. MACVEAGH. I would like to say to we are here in session on the 22d of Januthe Convention that in common with ary. WTe have fixed the time of elections many other members throughout the State, and have not, even The PRESIDENT. The Chair will inter- in committee of the whole, or the body rupt the gentleman for a mnoment. The of the Convention, considered any other Chair understands the rule in regard to proposition to amend the Constitution. the continuance of debate to be: If the However, if the regular order, as prequestion has been put and decided vtva scribed in the rules, is the best way to atvoce, that the debate is at an end, because tain our object, I have not the slightest a division of the House, is only to test the desire to interfere with it, and therefore vote as already taken; but before the if it is the sense of the Convention, I will question has been decided and the re- move to postpone, for the present, the sult announced, debate is perfectly in or- consideration of the resolution I had the der. honor to offer. Mr. MAcVEAGH. I am sorry to trouble The question being taken, a division was the Convention, but I hope the members called, and the motion to postpone was will bear with me while I state my object agreed to, a majority of the quorum votin offering this resolution. ing in the affirmative. Mr. J. WV. F. WHITE. Mr. President: I object. SPRING ELECTIONS. The PRESIDENT. The Chair has stated Tile PRESIDENT. The next business in the rule of the Convention. The gentle- order is the further consideration of the man will proceed. article reported by the Committee on Mr. MACVEAGH. Mr. President: The Suffrage and Election. The question is, evil intended to be corrected by this mo- shall the Convention proceed to its contion was, what seemed to me to be, the sideration? preference given to the miscellaneous Which was determined in the affirmabusiness of the Convention rather than to tive. CONSTITUTIONAL CONVENTION. 327? The PRESIDENT. The question now other respects, the committee has made no before the Convention is, shall the article change whatever in the text of the presbe transcribed for a third reading? ent Constitution. The scheme, however, Which was determined in the affirma- presents certain marked changes. The tive. first great change is that of biennial sessions. The minority report of the coniMAJORITY REPORT OF THE COLMMITTEE mittee relative to this matter has been ON THE LEGISLATURE. laid on the tables of members, and the The PRESIDENT. The next business in vie-Ws expressed therein are well known order is the consideration of the article to the Convention. The majority of the reported by the Committee on the Legis- committee in reporting the article felt lature. Is it the pleasure of the Conven- sure of certain principles. The first was tion to proceed to the consideration of that every statute that is passed introthe article? duces an element of change into the relaIN COMMITTEE OF THE WHOLE. tions existing between the citizens of this Commonwealth, and that change in law The Convention then resolved itself into is of itself an evil of considerable importcommittee of the whole, Mr. HOPKIiNs in ance, and only to be justified by a clear the (Chair. advantage resulting fromn it;,and in the The CHAIRAMAN. The committee of the next place, once in two years seemed to whole have referred to thein an article re- them, at least, often enough for a civilized ported by the Committee on the Legisla- community to submit the whole body of ture. The first section will be read. its laws to an association of officers deleits laws to an association of officers deleTHE LEGISLATIVE POWER. gated especially to make changes in them. The CLERK read as follows: In the third place, they thought that as special legislation would be removed the I. The legislative power of this Comn- Legislature would have ample time, in a monwealth shall be vested in a General session of three months, to devote attenAssembly, which shall consist of a Senate Assembly, which shallconsistofaSea tion sufficient to general subjects to give and House of Representatives. us all the general legislation that we would The CHAIRMAN. The first section is be- need, once in every period of two years. fore the committee. And if any special occasion arose, they Mr. MACVEAGH. Mr. Chairman: I provided that the Governor might conwould like to remark to the committee of vene the General Assembly in special the whole, before it enters upon the con- session. Having agreed upon that theory sideration of this report, that we trust it is of a biennial session of the Legislature, to be regarded in its entirety as well as they provided that the members of the by sections, and in saying what I shall the lower House should be elected bienabout what we have done, I shall en- nially for two years, and that the meimdeavor to distinguish, in some instances, bers of the Senate should be elected for between myself as a member of it and the term of four years, one-half of themn the committee itself, and give my own going out of office at the expiration of two judgment upon some of the matters re- years, thus preserving a conservative eleported by the committee. Gentlemen will ment and a legal existence of the Senate bear in mind that the Committee on the as a legislative body. Legislature felt themselves restrained They provided further, that each melithroughout their work by one conserva- ber of the Legislature should take an oath, tive consideration, and that was: That which is, in terms, allnost identical with they would make no change in the text the oath provided in the Constitution of of the existing Constitution unless it was Illinois of a three-fold character: to remedy an admitted evil or to substi- First. For the faithful discharge of his tute a clear advantage, and that as regard- duty and for his allegiance to the Constied matters of literary taste, symmetry, or- tution of the federal government and of der or even superfluous words, they would this State. make no change unless they were satisfied Second. That he had not obtained his that there were substantial benefitsto be at- office by any illegal or corrupt methods; tained other than the gratification of a and mere literary taste. Therefore gentlemen Third. That having obtained it he will find that in the various matters of would not use his office for any corrupt the sections relating to the qualifications purpose or at the instance of any corrupt of members of the Legislature, and in instrumentality. 328 DEBATES OF THE These three ends are reached by phrase- instances of judicial decisions was the faology which, it is hoped, the Convention mous Galway judgment of Mr. Justice will agree in thinking cover them, while Keogh, which did much to shake the conthey do not present an oath that any hon- fidence of Ireland in the impartiality of est man, however ardent may be his parti- the judicial decision of a contested eleczanship, however devoted may be his at- tion. tachment to any political organization, if Then the only remaining matter in the he is an honest man need hesitate to take. report of importance is the method of apIn the third place, they have fixed a portionment. In that matter the question compensation for the members of the was how best to secure a method which General Assembly. They knew, in' doing would prevent one political organization this, that it seemed very unwise, at the from availing itself of a numerical majorfirst look, to make a hard and fast line ity in the General Assembly to disfranconcerning money in a fundamental law, chise any portion of its fellow-citizens, when values are changing under the in- what was the most probable method to sefluence of the laws of trade every day and cure equal representation throughout the almost every hour. But they disregarded Commonwealth, and after as nmature delibthat consideration in order to correct erationas they could give to the subject, what seemed to them a grosser abuse and the committee seemed to agree in opinion a greater anamoly in political science. that the method adopted in Illinois was That was, that no public servant, who- the most probable method of securing a ever he be or whatever office he fill, should desirable result; a method which makes a have the power of fixing his own cornpen- quotient the ratio of representation; sation, and as there was no other body to which requires the districts to be, as far as fix it but the Legislature or this Conven- feasible, single districts; which requires tion, the committee thought it better for them elways to be bounded by county the Convention to fix it. lines; which requires them always to be They then provided, in the terms of the composed of compact as well as contigupresent Constitution, that each House of ous territory, and that method is there the General Assembly should be the fore pursued in the sections which relate judge of the elections and qualifications to the apportionment of the State, both of its own members. Upon that point, I for the House of Representatives and for confess, I was not entirely in accord with the Senate. the committee. I regard the title of an As to the numbers which should consti office as a judicial question, which ought tute the General Assembly, a very great to be decided judicially by the judicial diversity of opinion existed in the corndepartment of the government, and I mittee, as it is likely a very great diverwould therefore have preferred to refer sity of opinion will be found to exist in contested elections to the court of the the House. For one I cannot help believcounty in which the sitting member hap- ing that our escape from the evils which pened to reside, or in some other judicial now afflict us lies not at all in attempttribunal that would hear and determine ing to increase the number of the Reprethe matters at issue judicially and not as sentatives in our General Assembly, for, partisans; but the committee, in their wis- I think, flooding a market with any artidom, saw a greater danger on imposing cle only serves to reduce the price, but upon the judiciary duties which, how- in beckoning to our places of legislative ever judicial in their nature, were no trust the honest character of the Comlonger judicial in their reputation, and monwealth, the men whose names are the decision of which by the judiciary beyond suspicion and beyond price, who mlight do more harm to the popular opin- will not barter and who will not buy. ion of its impartiality than a partisan de- And I believe that it is now an axiom in cision of contested elections might do to politics that as you increase responsibility, the public conscience. That is a vexed as you increase political power, especially question. The Convention will bear with when you lift the degrading spoils out of ne in saying that it has raised a most ex- politics by reforming your civil service, eited discussion in Parliament of recent lifting the ignoble aims of your public years, and that all the thoughtful men of life out of it and leaving only the noble the House of Comnmons agreed in divest- ambitions in it, then as you increase ing themselves of that power and of re- power, as you increase responsibility, so ferring it to the judges. But it is also you increase the character of the men you well to remember that among the earliest summon to the post. And therefore-I CONSTITUTIONAL CONVENTION. 329 know it will sound singular; I know it judgment of this Convention that the will not be popular-but therefore I am language of the article will sufficiently firmly convinced that fifteen Senators and impose the limitations desired upon the forty-five Representatives would furnish legislative power of the State. Gentleyou a far better bulwark against the ris- men of the Convention will find this aring tides of political corruption than three tide on the eleventh page of this small hundred Senators and one thousand Rep- journal of amendments. resentatives. I believe, Mr. chairman, that it is the But, on the other hand, some members unanimous wish of this Convention to of the committee were in favor of increas- withdraw from the Legislature the power ing the numbers, and other members of the to pass what is generally known as specornmitteewereinfavorof lettingthe num- cial legislation, or local legislation, and bers remain where they are, thinking that the power to grant special privileges and with the other changes this Convention immunities to any corporations. Tho will introduce we will secure a better class practical question is, how can this end be of public servants in our legislative halls, best attained? and therefore it was finally and almost, if It may be accomplished, Mr. Chairmanl, not entirely, the unanimous judgment of by an article providing that the Legislathe committee that the numbers should ture shall not pass any special laws in the remain where they now are. following cases, and then proceed to enuAnd they further desire me to say that merate the subjects over which the Legthey have no tenacity about this report. islature shall have no power. They have no idea that it is the last word But I desire to call the attention of this of political wisdom. They have no con- Convention to the fact that any enumeracMp~tion that the assembled judgment of tion that we may make, the power will this Convention will not revise it wisely only be withheld to the extent of the enuand to the public advantage, and they are meration. But if you can find words sure that you will do them the credit of sufficiently general and comprehensive believing that they have rendered you that to divide the lines between the legislation report, which commended itself to their necessary for the whole interests of the united judgment, as most likely to sub- State and that class of legislation pecuserve the ends for which we are here as- liarly constituted and necessary for the sembled. localities of the State, we will have better And as the first section, Mr. Chairman, accomplished the object than by any secis identical in language with the section tion or article, taking away the power in as it now stands in the Constitution, I a certain class of enumerated cases. move its adoption by the committee. I do not suppose, Mr. Chairman, that this Convention intends to destroy the LOCAL LEGISLATION IN LOCAL AUTHORIpower of local legislation. The Commonwealth of Pennsylvania has been develMr. PURMAN. Mr. Chairman: I offer oped by local legislation, and will continue the following amendment to the first see- to be developed by local rules or regulation: tions, if we choose to so call it, hereafter as To strike out all after the word "re- heretofore; but the proposition is to take solved," and insert the following: away the power from the General Assem"First. The legislative power of this bly and vest it in the several local authoriCommonwealth, for general affairs, shall ties; in other words to let the people repeat be vested in the General Assembly, which themselves near at home. Every successhall consist of a Senate and House of sive body of the Legislature is the people Representatives, and for local affairs ex- repeating themselves. elusively in such local authoriies as the NTow, then, if the local affairs of the Legislature shall by general laws pro- cities, and counties, and townships are vide." regulated by the people repeating themMr. PURMAN. Mr. Chairman: I offer selves at home, and being heard at home, this amendment for the purpose of call- you will have accomplished a great deal ing the attention of this body to limaita- it seems to me. You will have taken tions which it proposes to impose upon away from the General Assembly of the the legislative power of this Common- Commonwealth all of the sources of evil, wealth, and for the further purpose of one of those things that has troubled the having these limitations imposed in the Legislature more than any other subject first article of the Constitution, if it is the that they have had to deal with. 330 DEBATES OF TIIE All who have been members of the Leg- would have to provide general laws, affectislature understand this poposition very ing all cities, all counties, all townships well, that when a gentleman presents a and all boroughs alike; that is, whatever bill relating to his own county or his own power was exercised by the city of Philadistrict, no matter how sweeping the pow- delphia could be exercised by the city of ers may be, if any other member of the Pittsburg when occasion required it. Legislature suggests to him, either in com- Whatever authority could be exercised mittee or upon the floor of the hall, that by the municipal authorities of the counthe powers contained in that act are dan- ty of Dauphin couId be exercised by the gerous, that they are too broad, he is met municipal authorities of the county of with the answer, "This relates to my peo- Greene and the county of Washington. ple and to my district, and I am alone There would be no special legislation; responsible for it," and the bill is passed there would be this general power given through the committee and through the to those local authorities to act upon such House. Now that may be done by the subjects as the expedients and the wants unanimous wish of the people of his dis- of the county might demand. trict, or by the unanimous wish of the peo- I repeat it, Mr. Chairman, we ought not ple of the township or city to be affected by to take away from the people the power the Legislature, or it may be, as it often is, to have special legislation or local legislaonly at the wish of a few citizens or tion. We cannot foresee all the wants, inhabitants of the county, of the town- contingencies and the conditions that may ship, or the city. What this Convention happen in this great Commonwealth in wants to do, and what the people want twenty or thirty years from now. We done, is to put the Constitution between must leave the power somewhere. We the Legislature and a few of the peo- must have the power. The question is, ple of a city, a few of the people of a who shall exercise it, and how shall it be county or township, and take away from exercised? It does strike me that this them the right and the power to pass any amendment would precisely locate the legislation of that kind. power where it ought to be. It would Then, Mr. Chairman, if the language of leave the general legislative power to my amendment is sufficient to draw the regulate all general affairs. Whatever line of division between what relates to was asked for the Commonwealth would the interests of the State and whatrelates be the business of the general Legislaalone to the interests of the citizens of a ture; whatever related to a county or a township or a county, it ought to be city would be the business of the local adopted as the first section of the Consti- authorities, regulated and controlled and tution. limited by general law, and of course, by What do we mean by " general affairs?" all the otherlimitations placed in the ConThe language is broad enough to cover, stitution. In other words, the frauds — of course, the whole Commonwealth, and the growing leprosy of the State-occayet it is limited enough to cut off what sioned by the special legislation of which does not refer to the whole Common- we have heard so much duringthe session wealth. of this Convention, in the goodold city of What do we understand by " local Philadelphia, we would hear of no more. affairs?" Long before Pennsylvania was We would hear no more of car loads of one of the States of this Union, the colony men going from here to Harrisburg for was divided up into counties and town- the purpose of getting a bill enacted for ships. We borrowed this theory of govern- the construction of an additional city railment from the mother country. England way. Those gentlemen would be heard was cut up into counties and into town- in the city or the councils, where everyships and into hundreds, and the local body else in the city or county could be affairs of the counties and townships were heard. They would know what was going managed by the local authorities so as on, and if they refused to take part in to best suit their interests. This is, em- subjects which affected them in their ephatically, self-government. property and their enjoyment of life, they Then by local we mean something less would have no right to complain. Let all than the Commonwealth. Then by local such local matters be turned over to the we must mean the divisions already made city of Philadelphia. It seems to me in the Commonwealth. So the Legisla- that my proposition does most effectually ture of the Commonwealth could never do it. The Legislature could not say that take into its hands any local affairs. It the city of Philadelphia should have any CONSTITUTIONAL CONVENTION. 331 power that the city of Pittsburg should the Constitution harmonious, by using the not have. The Legislature could not say same word for the same idea all the time, that one borough in the Commonwealth and of the two expressions I prefer the.should have different power from another word Legislature. borough, but that each should have pow- The question being upon the amender as equally great, to do certain things, ment, it was rejected. dependent upon certain contingencies and Mr. J. R. READ. I move to amend, by conditions. For instance, one borough adding to the end of the first section thile might levy a certain tax to suit the con- words: "Subject to such limitations as tingencies and circumstances of the situa- are contained in this Constitution and the tion in which it was placed, whilst another Constitution of the United States." borough might not levy such a tax be- The question being upon the amendcause it would have no occasion so to do. ment, it was rejected. In view of these considerations, Mr. Mr. M'MURRAY. I move to amend, by Chairman, it does seem to me right here striking out the word "Comonwealth," is the place, and right now is the time to and inserting instead the word "State. limit our Legislature, and the amendment I offer does limit it. Mr. DARLINGTON. Permit me to make one suggestion: These points of propriety M1r. J. PRICE W:ETY[ERILL. M,. Ch airand harmony of expression, and the ques-man: I heartily endorse the remarks of *man: heartily endorse the remarks of tion whether we shall uniformly use the the genitlenlan who has last spoken. IHe word State or the word Commonwealth, has covered the ground with regard to and whether Legislature or General Asspecial legislation very satisfactorily, and en tie sembly will be more appropriately disvery completely indeed, but that entire posed of when we come to submiqt the matter is still before the Committee on Constitution to the Committee on Revision Legislation, and they will doubtless preand Adjustment. sent a section after mature and careful deliberation, which will probably meet Mr. MINOR. It is useless to endeavor the wishes of this entire body. In view to make everything harmonize and put of that fact, it seems to me it would be everything into perfect shape as we go better to hear from that committee, and along. We cannot very well tell whatisbest see for ourselves what section they deem to do with these little points of detail unproper and best to insert. For that rea- til we get pretty much through with our son the Committee on the Legislature work, and as the gentleman from Chester saw fit to omit in this section any refer- (Mr. Darlington) says, we can then subsaw fit to omit in this section any refer- it it to a Committee on Retision and ence to the matter pertaining to local m affairs. Adjustment, and that committee can setThe question being taken upon the tie these points. amendment, offered by Mr. Purman, it Mr. M'MURRAY. In view of the rewas rejected. marks just made I withdraw my amendThe CHrAIRrIAN. The question recurs ment. upon the section. The question being upon the first secMr. J.. V. F. WVHITE. Mr. Chairman: tion, it was agreed to. I move to amend, by striking out "General The second section was then read, as Assembly," and substituting "the Leg- follows:islature." ",S'econd. An election for members of IMr.J. W. F. WHITE. I move to amend, the General Assembly shall be held on by striking out thewords "General Assem- the first day fixed for the general election bly," and inserting, instead, the word succeeding the adoption of this Constitu"Legislature." tion, and every two years thereafter. I have only a very few words to say on Their term of office shall begin on the that point. I think we ought to miake our first day of January succeeding their elecConstitution harmonious in itself. In tion. W'hen vacancies occur in either this very article reported by the commit- House, the Governor shall issue writs of tee the legislative body is sometimes call- election to fill such vacancies, for the baled the Legislature and sometimes the ance of the term in which such vacancy General Assembly. In our present Con- occurred." stitution the words General Assembly oc- Mr. LILL-Y. I move to amend, by stricur about thirty times, and the word Legis- king out the words "first day of Janualature about the same number of times. ry," and inserting instead the words "fifI think the better plan would be to make teenth day of November." 332 DEBATES OF THE There is a possibility, under the section render misunderstanding of it impossible as it now stands, that the Legislature that I made my motion to amend. I can which has just been voted out of office see no reason why the term should not would, in an emergency, be convened in begin on precisely the same day on which special session by the Governor. The the Legislature convenes. I think that Governor would have no other Legisla- decildedly the most proper day for the ture to convene in case of emergency, and commenoement of the terml. The first hence there would be the spectacle of Tuesday of January may sometimes fall persons meeting in Legislature and pass- on the seventh day of the month, and you ing acts of legislation for a people who might have a session of the Legislature, has just discarded all connection with which may have to expire on the first day them, and actually revoked at the polls of January, and there would then be a the authority originally given them. necessity for calling an extra session of Mr. HAY. I am opposed to the amend- the new Legislature, or else there would ment of the gentleman from Carbon,((M/r. be an interregnum between these days. Lilly,) for the reason that I think there Mr. MxACVEAGI. We have provided is hardly sufficient time proposed by his for all emergencies. I think the proviamendment for th e revision of the returns, sion, as it is in the report of the commitand ascertaining who are elected to the tee, is the best that can be made. We Legislature. It only allows a week or so have provided for every emergency there for this purpose. It seenms to me that the and preventsany interregnum. The term time marked out by the section as reported begins on the first of January, and the by the Committee on Legislature is short session convenes on the first Tuesday of enough for the ascertainment of who are January. The term of office expires on legally elected, before they are called the thirty-first day of December. upon to assemble. Mr. LITTLETO N. This anomaly mlay, The question being upon the amend- under that state of things, be seen: That ment, it was rejected. the term actually commences on the first Mr. LITTLETON. I desire to amend, by Tuesday of January, and they may be striking out the word "day," where it convened on the first day of the month. occurs the second time in the section, and They may have to be convened sooner inserting, instead, the word "Tuesday," than the day set here for the actual reguso as to make the term of office corn- lar term. mence on the first Tuesday of January, The question being upon the amendthe same day as that fixed for the meet- ment, it was rejected. ing of the Legislature; so that there can, Mr. NILES. I move to amend, by strikby no possibility, be an interregnum of ing out the word "two," and insert in lieu authority between the first day of the thereof the word "one;" and strike out month and the seventh day of the month, the "s" from the word "years," so that when the first Tuesday falls upon that it will read "one year," making the term day of the month. This will also prevent of office one year. the term from beginning on a Sunday. MAr. J. PuICE WETHERILIL. This quesMr. MACYEAGII. That is simplyfor the tion of annual or biennial sessions is, to my beginning of the term, not the meeting of mind, and, perhaps, to the mind of every the Legislature. It is the language uni- member present, a very important mnatversally used for that purpose. A term ter, and if we decide in favor of biennial can begin just as well on Sunday as on sessions the change will be a very decided Saturday or Wednesday. The object is one; and I have no doubt that a just imeato make the term of office begin with the sure of importance will, in the discussions year and end with the year, beginning of this body, be accorded it. on the first of January in one year, and Members of the Convention have lying ending on the thirty-first of December of on their desks a very able report of the the year next after, making a term of minority of the Committee on Legislature, two years. If you make this change now setting forth as fully and conclusively, I suggested, and the first of January should suppose, as can be done, the merits of anfall on Sunday, the old members will be nual sessions. They have gone into the holding over, and you will never know matter in detail; they have brought forwhen your old men go out, or your new ward all the arguments, I suppose, which men come in. could be brought, in defense of annual Mr. LITTLETON. I understand exactly sessions, and the subject is now before the the language of the section, and it is to body. I hope, therefore, that I may be CONSTITUTIONAL CONVENTION. 333 pardoned for examining an item or two of main. The gross products of the man-uthis report, and endeavoring to show, as flctures in that State during that year best. I may, Lhat the arguments therein was,210,000,000, and the gross amount of advanced do not lead to the conclusions the agricultnral products $137,000,000. It that annual sessions are the best; but that, seernms to me that when the minority on the contrary, when the whole matter is of the committee presented those two carefully exaimined in all its bearings, States aspurely agricultural they were at that biennial sessions will be found the fault in their mathematical calculations. most conducive to the interests of the peo- The State of Illinois, usually considered ple of Pennsylvania. The minority re- an agricultural, is a great manufacturing port states that "it " (the practice of hold- State. Why, sir, every time I look at nmy ing biennial sessions) 1" is contrary to the watch, made in Elgin, Illinois, I am repolicy pursued by a majority of our sister minded that the minority report is cerStates, the Legislatures of twenty-three of tainly in error in this regard. When we them holding their sessions annually. look at those great States, so wide in their I hold in my hand a statement, which mnanufacturing interests, we must acI have prepared with some care, showing knowledge that the people of the great that the States holding biennial sessions west were fully alive to the imnportance of number seventeen, and that the States their own interests, and knowing very holding annual sessions number nine- well what would be for the advantage of teen, and that the States holding bi- their own home industry, they wisely ennial sessions contain a population of decided in favor of biennial sessions as seventeen millions, against a population of best conducive to that end. In Illinois, twenty millions in States holding annual when the strength of the Constitutional sessions. Convention was tested upon this point, There must be soine mistake, I think, the best men in the State spoke boldly in in the minority report, as there is a differ- favor of biennial and against annual sesence between the calculation alluded to sions of the Legislature. The debate, arand the report of the minority of the gued well on both sides, occupied days, committee. Now, sir, let us look into and the Convention decided that biennial this matter. If I am correct we have in sessions were most conducive to the best the United States thirty-six States equally interests of the State, and, sir, I do hope, divided, or nearly so, upon this point. with so good an example before us, we Rhode Island, holding semi-annual ses- too will so decide. sions, is not included in the statement. 1 cannot see that the manufacturing inTherefore nearly one-half of all the States terests of Pennsylvania will. be injured in the Union hold biennial sessions. by a session of the Legislature once in Now, sir, it has been said and boldly ad- two years; but I can see, and fully unvanced upon this floor, that the States derstand, if we have special legislation, holding biennialsessions are purely agri- and if we allow monopolies to come in cultural, and that as the great States of and swallow up the minor corporations, Pennsylvania and New York, with their how the great manufacturing interests of large manufacturing interests, with their the State will suffer. Sir, I think the mining and other industrial interests, dcle- less legislation we have upon this subject mand, on that account, annual sessions of will be for the better. I hope and expect the Legislature, and that biennial sessions the Legislature will prepare a full and well would not be acceptable to them. digested general manufacturing law, and Now, sir, when we come to look into if they do that, the manufacturing interthe matter carefully, we will find that ests of the State will not suffer if without Ohio, Indiana, Illinois and Missouri are legislation not only for two years, but not in the main purely agricultural even for five years. I need not allude to States, and that when the minority so re- the expense of carrying on the annual sesported they did not cldo justice to their man- sions of the Legislature. It seems to me ufacturin;.. -e;indindustrialinterests. Take that this, also, should have some weight Ohio, ify Oii. please. The products of the in the deliberations upon this question. manu-flacturinginterests ofthe State of Ohio It costs the State four hundred thousand in the year 1870 amounted to $280,000,000, dollars to hold a session of the Legislawhile the value of the agricultural pro- ture, independent of printing, and if we ducts of that State in that year amounted can show no good reason for these sesto not over $100,000,000. Illinois is sup- sions annually, and have shown that posed to be an agricultural State in the the minority report does not contain good 334 DEBATES OF THE reasons in defence of annual sessions, Mr. HOPKINS. Mr. President: I have or arguments which cannot be satisfac- the honor to report that the committee of torily answered, I do hope that we will the whole has had under consideration adopt the section just as the Committee the first and second sections of the article on the Legislature have deemed proper to the Constitution, reported by the Comto report. The committee has made a mittee on the Legislature, and that I am careful examination of the question.- instructed to report progress and ask They discussed it thoroughly, entering leave to sit again. fully into its merits, and as the result of their conclusions they have reported in The PRESIDENT The question isshall favor of biennial sessions. I do hope, the committeehaveleavc? therefore, that this Convention will en- The question was decided in the affirmadorse the conclusion arrived at by the tive. committee. Mr. WHERRY. Mr. Chairman: As the The PRESIDENT. At what time? hour of adjournment is rapidly approaching, and as this is a very important sub- [Several members. To-morrow.] ject, I move that the committee rise, re- The PRESIDENT. Asthere is no special port progress and ask leave to sit again. time named, the committee has leave to The motion was agreed to. sit again to-morrow. IN CONYVENTION. Mr. WHERRY moved to adjourn, which The committee then arose, and the Presi- was agreed to, and thereupon, at two dent resumed the chair. o'clock P. M., the Convention adjourned. CONSTITUTIONAL CONVENTION. 335 TWENTY-FOURTH DAY. THURSDAY, January 23, 1873. The CLERK read as follows: The Convention met at twelve o'clock PHILADELPHIA, 1st Month, 20, 1873. M. To the Convention for revising the ConstiAYE. tution of Pennsylvania: PRAYER. GENTLEMEN:-On behalf of the directors Prayer was offered by Rev. James We of the Mercantile library company of this Curry, as follows: city, I beg leave to extend to you an inviUnto Thee, O God, the giver of all good tation to visit the library rooms, and make gifts, do we desire to look this morning, such use of the books and periodicals confessing to our sins and our gratitude. there as you nay find convenient or pracWe acknowledge that we have violated ticable. Thy holy law, but we give glory and honWith this view a ticket has been furnor to Thee that we have an advocate with ished to each member of the Convention. the Father, Jesus Christ, the righteous. Yours respectfully. For His sake, this morning, may it please Thee to pardon each one of us of every- PEROT, thing that may be displeasing to Thee; of President. everything that would disqualify us for Mr. LAMBERTON. Mr. President: I usefulness in this world, and for a home move that the invitation be accepted, with in Thy everlasting kingdom. Let Thy the thanks of the Convention. blessing be upon us as a Convention, and The motion was agreed to. may Thy blessings be upon us as individu- THE AUDITOR GENERAL. als; and especially, O Lord, bless the absent portion of our body, those who are The PRESIDENT laid before the Convendetained at their homes on account of tion a communication from theAuditor affliction. Be withthem and comfort their General in response to a resolution of the hearts, and restore them to their health, 16th inst., requesting him torespond, withthat they may soon be able to return to out delay, to the resolutionof the22d of Notheir duties in this Convention. vember last, in respect to private corporaWe ask Thy blessing upon our State. tions doing business in Pennsylvania, &c., We ask Thy blessing upon the United stating that it is absolutely impossible to States. We ask Thy blessing, O Lord, furnish such information, by reason of the ever to abide with those in authority. great amount of labor involved in the Give thenl judgment; give them under- furnishing of such information. standing; give them proper decision of Mr. CoRsoN. I move to refer the comcharacter, so that the interests of our munication to the Committee on Private country may be promoted and the welfare Corporations. of the people protected. We ask Thee to The motion was agreed to. be with us, and ultimately save us all, in Jesus Christ. Amen. TRADES UNIONS. JOURNAL. Mr. CORSON presented a petition from the American Mechanics' association of The Journal of yesterday's proceedings Pennsylvania asking that the Constitu Pennsylvania, asking that the Constitu was read and approved. tion be so amended as to prevent the inMERCANTILE LIBRARY. terference by all labor associations in limThe PRESIDENT. The Chair has received iting the number of apprentices in any a communication from the Mercantile li- art, trade or mystery. brary association, which the Clerk will The petition was referred to the Comnread. mittee on Industrial Interests and Labor. 336 DEBATES OF THE PROHIBITION. White, David N., White, J. W. F., WorMr. MINOR presented a petition from rell, Wright and Meredith, President-84. certain citizens of Titusville, praying for N A Y S. an amendment of the Constitution lookMessrs. Addicks, Baker, Bardsley, Biding to the prohibition of the manufacture dle, Carey, Cochran, Corson, Darlington, and sale of intoxicating liquors as a beve- Fell Lilly Littleton rage, which was referred to the Commit-, a,, t e on Legislation. bMann, Palmer, H. W., Patterson, D. W., tee on Legslaton. Reynolds, James L., Ross, Runk, SimpLEAVE OF ABSENCE. son, Smith, Henry W., Stanton,Wetherill, Mlr. HOPKINs asked and obt~ained leave Price Jno. and White, Harry-24. of absence for Mr. M'Allister for one day. So the section was agreed to. ABSENT OR NOT VOTING-Messrs. A1ELECTIONS. ricks, Baer, Bailey, (Huntingdon), BarThe PRESIDENT. The question now is clay, Bartholomew, Buckalew, Cassidy, upon the final passage, on third reading, Curtin, Davis, Dimmick, Dodd, Edwards, of the second article reported by the Com- Finney, Gilpin, Heverin, Knight, M'Allismittee on Suffrage, Elections and Repre- ter, Mott, Purviance, John N., Reynolds, sentation. The article will be read for in- S. H., Russell, Sharpe, Stewart, Temple forlmation. and Woodward-25. MrIODE OF VOTING ON NEW CONSTITUTION. The CLERK then read as follows: Mr. HITNsICKER. I now call up the resoSECTION -. The general election shall lution offered by me some time ago, rebe held on the Tuesday next following lating to the manner in which this Conthe first Monday of November, but the stitution on which we are engaged shall Legislature may by law fix a different be voted upon. day, two-thirds of each House consenting The CLERK read the resolution, as fotthereto. lows: SECTION -. All elections for city, ward, Resolved, That this Convention accepts borough and township officers, for regu- the mode provided by section four of the lar terms of service, shall be held on the act of Assembly, approved April 11, 1872, third Tuesday of February. entitled "An Act to provide for calling a The question being upon the final pas- Convention to amend the Constitution," sage of the article, the yeas and nays were for the submission of the proposed amendrequiredby Mr. Hanna and Mr. Simpson, ments of the Constitution to the people and were as follow, viz: for adoption or rejection. The question being shall the Convention proceed to the second reading and Messrs. Achen bach, Ainey, And rews, consideration of the resolution, it was Armstrong, Bally, (Perry,) Bannan, Bee- agreedto. be, Black, Charles A., Black, J. S., Bow- So the resolution was again read. man, Boyd, Brodhead, Broomall, Brown, Mr. HUNSICKER. For the purpose of Campbell, Carter, Church, Clark, Collins, making my meaning perfectly plain I Corbett, Craig, Cronmiller, Curry, Cuyler, will read that portion of section four to Dallas, De France, Dunning, Elliott, Ellis, which I refer. It provides that "oneEwing, F-ulton'unck, Gtibson, Gowen, third of all the members of the ConvenGuthrie, Hall, Harvey, Hay, HIazzard, tion shall have the right to require the Helmphill, Hopkins, Horton, Howard, separate and distinct submission to a Hunsicker, Kaine, Lamberton, Landis, popular vote, of any change or amendLawrence, Lear, Long, M'Camant, M'- ment proposed by the Convention." Clean, MacConnell, M'Culloch, M'Mur- My purpose in introducing it at this ray, Mantor, Ml~etzger, nMinor, Newlin, early stage of the session is to avoid the Niles, Palmer, G. W., Parsons, Patterson, complication which may arise from the T. H. B., Patton, Porter, Pughe, Purman, legal minds of the Convention, some of Purviance, Samuel A., Read, John R., whom hold and maintain that the LegisReed, Andrew, Rooke, Smith, H. G., lature had a perfect right to include in Smith, W. H., Struthers, Turrell, Van that act of April 11, 1872, restrictions upon Reed, Walker, WVetherill, J. M., Wherry, and qualifications of the powers of this CONSTITUTIONAL CONVENTION. 337 Convention, while others maintain that fifth section, providing that the Legislathe Legislature had no power or author- ture shall hold annual instead of biennial ity for any such restrictions or qualifica- sessions. I therefore desire to withdraw tions, and assert that all the Legislature the amendment I offered yesterday. could legally do was to provide for the Mr. DARLINGTON. Iranewtheamenlpay of members, &c. ment. To avoid any discussion on that point Mr. SIMPsoN. I move, as an amendment, and to save any trouble as to the course to strike out the word " January," and of the Convention, I think it is best for us insert in its place the word "December;" to settle the question now by a rule of and I propose, Mr. President, to give my this sort. Hence, I offer that resolution reasons for urging this change. The elecas an additional rule. I will remark, in tions will take place -- closing, that I shall be quite content with Mr. KAINE. Willthe gentleman allow whatever the Convention may see fit to me to interrupt him for a moment? I dedo on the subject. sire to know what is the exact question MIr. BOYD. I move to amend, by adding before the committee? to the end of the resolution the words, The CHAIRMIAN. The amendment of "and all the other sections of said act." the gentleman from Philadelphia, (lr. JIMr. JOHN R. READ. I move to post- Simpson,) to strike out the word "Janupone the consideration of this question ary" and insert the word "December," in for the present. the second section of the report of the The question being taken, it was deci- committee. ded in the affirmative. Mr. KAINE. I was under the impresE LECTION OF ASSEM1B]LYMEN. sion that there was an amendment to the amendment now pending. The PRESIDENT. The next business in Te CHIRAN The motion to ren The CH~AIRMAN;. The motion to reneworder is the further consideration of the the amendment of the gentleman from. article reported by the committee on the Tioga (Mr. Niles) was not made until Legislature. Is it the pleasure of the Con- the Chair had recognized the gentleman vention to proceed to the consideration of from Philadelphia (Mr. Simpson.) Tile tile article? gentleman from Philadelphia has the. MBAr. GowEN. I move that the Conven- floor. tion resolve itself into committee of the Mr. SIMPSON. The amendment I prowhole for the purpose of considering the posed is to make the terms of the report. members of the Leg-islature begin on The motion was agreed to. the first day of Dec-ruber, rather than IN COM3MITTEE OF TI-HE WHOLE. on the first day of January, for twvo reasons. The first reason I propose for The Convention then resolved itself into the consideration of the Convention is, comnmittee of the whole, Mr. Hopkins in th'chmittee o w M k that the fiscal year of the State begins on the first day of December, and ends with The CIhAINIMAN. iWhen the committee the thirtieth day of November of each rose yesterday the pending amendment of year; and therefore the terms of the thle gentlenman fom Tioga, (Mr. Nies,) to members of the Legislature will corresstrike out the word "'two," in the first sen- pond with the beginning and ending of tence of the second section, and insert the the fiscal year. The second reason is, that word "I one," was under consideration. the time between the election of members )X3r. NILES. I desire to withdraw my and the time when they enter upon their amendment to the second section, and term of office is, in my judgment, too far give notice that I shall offer the same apart. If the article on elections, which amendment when the fifth section comes has been already adopted by the Convenup for discussion. Some members are of tion, is approved by the people, the electhe opinion that members of the General tions will be held in the early part Assembly should be elected every two of the month of November, and in no years, and, as far as I am concerned, I instance can they reach a time later have no sort of feeling in regard to that, but than the middle of the month. It I shall offer the same amendment to the takes, in the most remote district, and 22 338 DEBATES OF THE one containing the greatest number of any arrangement made between the time counties, not more than a week to ascer- of the election and the first day of Janutain the result of the election, and there ary by which to allow the Governor to call will be at least ten days between the time the old Legislature together. Now there when the result of the election is ascer- are some extreme and improbable things tained and the first day of December. Now that are not likely to occur, but I will the time, if extended to the 1st of Janu- state a proposition which, I am free to ary, will make some forty or forty-one confess, is highly extreme and improbadays. I do not know that it will occur- ble. Suppose the present Legislature it never has-but it may occur that at should pass and adopt laws that are ensome time that the Governor will be re- tirely repugnant to this whole Commonquired to call a special session of the Leg- wealth, and that the people should turn islature before its regular session corn- out the obnoxious members and elect mencing on the first Tuesday of January; others on the election day. If the Goverand if such session should be called in De- nor of the State should happen to be in cember, under the proposition as it is now accord with the action of the Legislature before the committee, without the amend- in passing these pernicious laws, he could ment I have proposed, those members call the Legislature together again, and whose terms of office were about to ex- the old Legislature would have forty or pire, and who should no longer be mem- fifty days to complete that which the peobers of the body, by reason of having been ple had decided against. I am strongly voted out, because they were not repre- in favor of this amendment, for I cannot senting the will of the people, would as- see any objection whatever to the terms semble in Harrisburg to legislate during of office of the members of the Legislathe entire month of December. In the ture terminating on the day after the elecother case there would be ample time be- tion. I do not propose that the Legislatween the election and the first day of De- ture should be called together at that cember to ascertain who have been elected time, but simply that the term shall comas members of the Legislature, and I hope mence the day after the election, and then the amendment will be adopted by the if the Governor desires to call a special Convention. session of the Legislature, he can issue his Mr. LILLY. I move to amend the proclamation, and after the customary amendment, by striking out "the first day time has elapsed, each member can go to of January," and insert " next day.' Harrisburg, present his c3rtificate and Mr. SIMPSON. I think the gentleman had better make it ten days after the The question being taken on the amendelection. ment to the amendment, a division was Mr. LILLY. I do not propose by my called, and it was agreed to. Ayes fiftyamendment that the Legislature shall eight, noes thirty-four. meet the next day after the election, by The CHAIRMAN. The question is now any means. I merely propose that the on the amendment as amended. term of office of the members shall com- Mr. MAcVEAG1H. Mr. Chairman: 1The mence the first day after the election, the amendment as amended provides that same as it. does now. The Constitution the term of office shall begin on the day says nothing about it, and the Legislature succeeding the election. I confess that it is authorized so to construe it that their seems to my mind, while it is not a matterm of office shall commence the next ter of very great importance, exceedingly day after their election. If the Governor undesirable to do so and mainly for the called a special session of the Legislature, reasons which the gentleman from Carbon it would be by a proclamation ten days in (Mr. Lilly) himself gave. I cannot think advance of the session. I remember, in that the time which elapses between the 1857, the time of the great financial crisis, middle of November and the beginning when the Legislature assembled they sat of the year is any too long to elapse beuntil the day before the election, and then tween the election of the members of the they adjourned sine die, because they all General Assembly and the commenceconsidered that their term of office ex- ment of their term. The danger to which pired on the following day. I do not want that gentleman alludes is entirely chi CONSTITUTIONAL CONVENTION. 339 merical, forthe reason that if the Governor whose existence is unknown, unascerwishes to call an extra session of the tainable and not declared. The term of Legislature he would do it before the the old Legislature would cease on the election. In this case they could not day after the election of their successors. meet until December, and the other body The terms of the new members certainly meet naturally according to law on the should not commence until the proper first of January. So that if such an ex- election officers have determined who aret traordinary case did occur, the evil could elected. be at once undone. On the other hand, Now suppose, in a case of great turmoil a long time would be afforded to ascer- and excitement, it was absolutely necestain really who are elected to the Legisla- sary to have a meeting of the Legislature ture. In very many cases, especially in on the Wednesday succeeding the first cases of contest, time would not have Monday of November. If inconsequence elapsed sufficient for the purpose of mak- of invasion of the State or of any great busiing a contest. If gentlemen will consult ness or commercial depression, the Govthe Debates on the federal Constitution, ernor of the Commonwealth would call a they will see, at great length, the reasons meeting of the Legislature, to convene which were given there for making the on the Wednesday following tha election term of the members of Congress begin day,who would know who should attend? subsequent to their election-and a long The new members would not have reperiod subsequent. ceived their certificates. Certainly it is I have no tenacity about the form in wrong, in a legal sense, to introduce any which it is, except that it seems to me to other primafacie evidence of a Represenbe wiser to allow an interval of a few tative's right to hold a seat in the Legisweeks to count the vote, which this does, lature than the certificate of the election and to make the term commence at the officers themselves. The return judges beginning of the year. But if the com- have not met. The judges in districts, mittee think otherwise they can so de- composed of several counties, will not cide. meet for a week after the election, and Mr. DARLINGTON. Mr. Chairman: I yet if the term of the members is to comdesire to ask what the question before the mence before their right to hold the office committee is? Is it not on my amend- is determined upon, it follows that, for at ment? Does not an amendment to the least a week, this Commonwealth is pracamendment take precedence of the tically without any legislative body whatamendment itself? ever. The CHAIRMAN. The question before Mr. DARLINGTON. RMr. Chairman:. I the committee is the amendment. This suppose, under the present Constitution, was moved to strike out January and in- the members of the Legislature are memsert December. Then it was moved to bers from the day of their election. I amend that, by striking all out and insert- think, as it now stands, and as it always ing the next day after election. That has existed in this Commonwealth, the amendment was adopted, and now the end of the term of the members of the question is on the amendment so amend- Legislature is with the election of their ed. If that should be negatived the ques- successors. Now, sir, have we ever extion would recur on the section as it perienced any inconvenience from this? stands, as the Chair understands it. None whatever! Noinconvenience, asfar hMr. GOWEN. Mr. Chairman: As the as I know, has ever yet been experienced amendment is amended I trust it will in the workings of the government of this not pass the House. Although there State by reason of the members elected would be but little objection to having, on the second Tuesday of October holdthe term commence on the 1st of Decem- ing until the succeeding second Tuesday ber instead of the 1st of January; yet, if of October. In other words, from the day the term of the members of the Legisla- of their election, whenever that may be ture is to commence on the first day, after officially declared to be the result, still the election, it follows that, for at least a they are members from the day of the week, the legislative power of this Com- election. Although the return judges monwealth is vested in a body of people may not meet for weeks thereafter, stil 83-O I)DEBATES OF THE when they do declare the result, it is that sorry to trouble the Convention, but it there gentlemen were elected on the see- was exactly to remedy this defect, as we end Tuesday of October. And if we understood it to be, that this change was change the election day the same occurs. made. The gentleman from Chester (Mr. NowT, siir. Suppose the Governor, in aln Darlington) thinks no trouble can possiemergency, to require the Legislature to be meet at once; that is, within two or three in session within ten days of its election. ays, or even ten days, or the day of elec- Not only is it true that the ten days are tion. He would scarcely feel it necessary not sufficient to call the Legislature toto call them together, because there would gether, in view of' the brief time allowed not be time to mature any great or impor- for the ascertainment of who are elected, lnot betimea Tohmature any greatorrnu but the committee had in their minds tant measure. That is an interregnum which may exist just as it exists from the the fact that a contest might arise even day that the emergency arises until they here in the city of Philadelphia, where an can be got together. There may be sucll injunction could be obtained to restrain occasion; but I take it the Executive of the return judges, under allegations of the State is ample; the officers in fraud or other allegations, from counting command of the State are ample for a; the returns and giving a certificate to case of emergency to suppress incur- anybody. In such a case the court would rection, repel invasion or anything of hear the case, of course, as quickly as it the kindi. Th~~ere is no interregnurnm Epossibly could, and decide upon the primc in the government. iThere must be facie right of one of the parties to a seat. a clay when the old members of the But in such a case an entire city like this Legislature cease to be so, and the new might be deprived of representation, an ones commence their term of service. If entire ity like Allegheny might be dan1 emergency should arise just at the heel prived of representation. - In any event, of the expiration of service of one LTJeis- even if no contest arises, for at east two lature you cannot very well call that body weeks, there is an interregnum of legislatogether, because it would be inefficient tivepower. to mature any decisive measure. In con- Here on that very point the old Constisequence, you must wait for a few days tution gaverise to doubt. Very many for the assembling of the new body, and men were in doubt exactly at what time I take it that the State would not go to the legislative term did end exactly pieces; we would not go to pieces; we whether the term ended on the day prewould not all be killed; we would not all cedingthe general election or not. the be destroyed in a few days. It is an emer- report of the committee fixes it definitely. gency that may arise, but it is no prac ti- It prevents any interregnIum, and it gives cal importance. ample time if there is a contest in a city like this to enable a proper tribunal to TW~hy should we muake any change? ascertain a prinmafacieright ofgentlemen TWThy is not this state cfi things met by to their seats. So that you have a legal the amendment of the gentleman from Carbon (Mr. Lilly?) It is precisely what i eady for ally emergency. the committee themselves seem to have desired to do to retain, as far as possible, Ar. ELLIS. Mr. Chairman: I move to the text of the old Constitution, unless re-consider tie vote by which the amendthere is somne propriety in the change. ment of the gentleman from Carbon was N ow they propose to change; indeed, this adopted. Convention have adopted a new day forthe T'he CHIAIRaMsA. Did the gentlem'an general elect:onl; but whenever that takes vote in the affirmative? place the same resultf will follow. Moem- Mr. ELLIS. Mr. Chairman: I voted in bers will be elected, who, from the day of the negative. But I take it, when the their election, are liable to be called into yeas and nays are not cailed, it is compethe service of the State, and who must tent for any gentleman, without reference serve it until their time expires with the to the way in which he voted, to move to election of their successors. I cannot real- re-consider. ly see, any reasons for the change. The CHAIRIAN. The same rules apply Mr. MAcVEArcGH. Mr. Chairman: I am in committee of the whole as in the; CONSTITUTIONAL CONVENTION. 341 HIouse. A motion to re-consider can only injury resulting to the Commonwealth or be made by a gentleman who voted in the people thereof from that rule. the affirmative. It may happen, in these days, that a reMr. PATTERSON. Mr. Chairman: I pudiated Executive will call together areconceive that there is a very great pro- pudiated House between November and priety in sustaining the amendment which the first day of January,and do a very has been adopted, and I think that, if for great deal of harm, at least act, to a very no other reason, this Convention ought to greatextent, diametrically opposite to the adopt it in deference to the popular will. express wishes of the people at a recent There can certainly be no disadvantage election. Shall we get up a machinery result to the public from this change. that will permit such a thing? Should Gentlemen say it takes a few days, some- not our regard for the popular will be suchi times ten days, to get the returns counted, as toinduce us to close that avenue to such and there willbe an interregnum. Well, a result, and to make it impossible? It Mr. Chairman, you have been in long seems to me that we ought to make the public life, and you have never seen any term end immediately on the day succeedgreat detriment or injury result to the ing the election, and the Governor, if it is public from the fact of its requiring ten necessary to call the Legislature together, days or two weeks to count the result. would not wait for the return. He would Nowv I have never heard it doubted, call those that were elected at the last sulealthough my friend on the left (Mr. Mac- ceeding election. Veagh) says it. las been, certainly in prac- Some gentlemen say that whole cities tice it has never been questioned, that may fail to be represented on. account of when an election took place on the second contest. That is the result now. It often Tuesday of October the terms of the mem- happens that whole counties have no rebers of the former year ended. I never presentation, although the Legislature has heard of a contest in the General. Assemn- been meeting two months after the State bly on that point, and I never heard of election. ~ It often happens that many any bad result to the public come from counties have no vote or representation on that fact. Now should we get up ma- tile floor of the General Assembly for chinerv here manifestly operating to de-, weeks; and as you, Mr. Chairman, in the feat the popular will? In case of a revo- history of your public life, have seen it lution of sentiment, the election,probably, for months; but we have never felt that. of a Governor and a new House, to be any great injury or any injury has redecided altogether, this machinery would sulted to the public good. It seems to me enable the repudiated Executive and the that we should get up a Constitution in old Legislature to be in existence against, deference to the public sentiment, unless probably, the almost unanimously esx- better cause and argument be shown than pressed public sentiment of the Common- has been, permitting the people to carry w-Vealth, and to be in power to legislate, out their sentiments through their repreand to legislate, probably, by a fiction, a sentatives, immediately after they have combination, as it may be, between the announced their sentiments through the Execut-ive and the old Assembly. ballot-box.'Why, Mr. Chairman, if we are to re- I hope, therefore, that this amendment spect the popular will, if we do not expect will be adopted; and if we refuse to to defeat the rights and privileges of rep- adopt it, it seems to me that we are wilresentative government, how can we pass fully, and with our eyes open, getting up this amendment, unless it is shown that a machinery to defeat the popular will. in the past some injury has resulted to Mr. KAINE. Ar. Chairman: I apprethe Commonwealth and to the people hend that the cause for the alarm so much therefrom. Because, you know, and dreaded by the gentleman from Lancasevery gentleman here knows, that iamme- ter (Mir. Patterson) is a myth; this apdiatelv after the second Tuesday of Oc- prehension of the meeting of an old Legtober the terms of the old members cease, islature between the election now fixed, and, I apprehend, no gentleman on this as we have decided this morning, on the floor can point to any instance where Tuesday after the first Mondaiy in Novemthere has been any inconvenience or any ber and the first of January, or the time 342 DEBATES OF THE fixed in the section now before the corn- culty has ever arisen therefrom. WVe mittee, is all a mistake. elect four members of Congress in PennThe gentleman says that there has sylvania the year before they take their never been any difficulty upon this sub- seats. No difficulty has ever arisen from ject; that there never has been any ques- a matter of that kind, and this is precisetion raised as to the time when members ly the same case. elected on the second Tuesday of October What I desire to say is, simply, fix it were entitled to their seats, he holding in the Constitution permanently and defithat they were entitled thereto immedi- nitely, that the people may know exactly ately after that day. Difficulties on that when the members of the Legislature subject may never have arisen in the shall take upon themselves their office minds of lawyers so distinguished as the and meet at Harrisburg to discharge their gentleman from Lancaster (Mr. D. W. duties as representatives of the people, Patterson;) but, I know, sir, that in my and I think there is no fitter time than the section of the State very grave doubts first day of January, as fixed in this sechave often arisen upon that very ques- tion proposed to be added to the Constition-whether members of the Legisla- tution. There will be that time between ture, elected on the second Tuesday of November and the first of January, and, October, were entitled to their seats im- during that time, if anything should ever mediately thereafter, or whether, if an ex- happen, by which it would be necessary tra session were called by the Governor, for the Governor to call the Legislature the old members would be required to re- together, let the old Legislature meet. spend. I have no recollection, Mr. Chair- They are the representatives of the peonan, that ever, since the organization of ple, and will not destroy themselves or this government, an extra session of the the people either. Legislature was called, and met between AMr. JOHN R. READ. For the purpose the second Tuesday of October and the of offering an amendment to the amendfirst Monday of December, as the Legis- mellt, I desire to move to re-consider the lature met under the Constitution of 1790, vote by which the amendment of the or that any has been called and met since gentleman from Carbon (Mr. Lilly) was the adoption of the Constitution of 1838, agreed to. up to the present time; I think there has Tile motion to re-consider was agreed to. been none, sir; but I know that the ques- The CHAIRmIAN. The question is upon tion has been'considered by men who are the amendmuent of the gentleman from not only lawyers but who have been en- Carbon (Mr. Lilly.) gaged in administering the affairs of the Mr. WALKER. Mr. Chairman: I ln government at Hlarrisburg*. not in favor of the amendment offered by There is nothing said in the Constitu- the gentleman from Carbon, (AIMr. Lilly.) tion upon the subject. Then, sir, why I think that gentlemen are magnifying not, when it is so easy a matter, to fix the the danger which lhas been referred to. time now, at some period after the elec- They seem to be alarmed, for fear that a tion, at which the members can be quali- Legislature may comrnrit some error befled and properly fitted to take their seats. tween the tirle of election anrd the time The day after the election would be too when the terni of those electedl shall coilnsoon. In some districts in this State there mence. I am afraid or no such difficulty are three or four counties. The district as that. There may be. There may be which you have the honor to represent on a necessity for the Governor calling the his floor is composed of three counties. Legislature together before the day of The election is now held on the Tuesday election in November, as we have fixed after the first Monday of November, I be- it now, when there is not time to relned v lieve. The return judges perhaps do not the evil or correct the error for which the meet until the following week. That will Legislature is called, by the time of the make it ten or fifteen days before it is as- day of election. That difficulty should Pertained exactly who are the members be removed. By fixing the day upon the elected to the next Legislature, and when first of January it is, to a great extent. they shall take their seats. We have an removed. XWe are not to look upon the example in point'precisely, and no diffi- representatives as comling together in CONSTITUTIONAL CONVENTION. 313 tending to err. We are to believe that served, in the course of debate, that there those that were elected the last year vill be existing an evil of some mag-niare just as honest and as capable as those tude if there is a long period between the that were elected at the election to occur time of election and the time of entering soon, or just past. One is as much to be upon office. The old Legislature may be confided in and trusted as the other. convened by the Governor, and mnay By the amendment of the gentleman do mischief that otherwise would not from Carbon, (Mr. Lilly,) the Governor be done. That certainly is an evil. On is prevented, to a great extent, from call- the other hand, it is said that if the time ing the Legislature together one, two or were fixed at the next day after the electhree weeks, or a month, before the day tion, there is an unavoidable interregof election, when there can be nothing num of several days, during which no accomplished unless that session is con- man knows in whomr the legislative tinued over until the first of January, or power of the State rests. The legislating some day subsequent to the day of elec- body, to be sure, exists, but it cannot be tion. made available, for nobody knows who Now I believe this body will err in compose it. That also is an evil. It fixing the term to commence on the day seems to me that the true remedy lies succeeding the day of election. We will between these two extremes. Let us err, for the reason that I have mentioned adopt some expedient that will, as nearly -that there may occur a necessity for as possible, avoid both of them. If, therethe calling together of the Legislature, fore, we can select such time for the commencement of the term of office as when there will not be sufficient time to correct the evil that suggested itself to will allow just tile enough to ascertain the Executive, demanding or requiring who are elected, and yet not sufficient an extra session of tile Legislature. I time to give room for the other evil, we shall vote most cheerfully for the report will be getting at the happy mean. I of the committee, believing that the time must, therefore, vote against the amend fixed therein is a better time for the com- ment; and if that fails to pass, I will mencement of the term than the time in- propose an amendment to this efect: dicated by the amendment now pending. That the time e the second Tuesday after the election shall have taken place. Mr. Chairman. There is another conThat time will, I think, give an opporsideration. You have been in the Senate tunity of ascertaining who constitute the and House, and so have others who are legitimate body, and will not afford time present; and you know, and every genpresent; and you know, and every gen- for the perpetration of any mischief by tlemnan who has been there knows, that an out-going Legislature between the time of election'and the time of the convening of the Legislature, no Mr. BEEBE. I am in favor of the regentleman, I do not care how elegant in port as it comes to us from the commitintellect he may be, how cultivated his tee. If committees are worth anything mind, how much he may theretofore to us at all, the patience and care which have directed his attention to the subjects they gave these subjects ought to invest to be considered, no gentleman, worthy their reports with some share of weight, of a seat in the House or the Senate, but and we ought to carefully consider any requires some time to prepare himself for proposed departure from their recointhe duties of the position that he is called mencdations. The ideas thrown out here upon to assume. According to the amend- on this subject seem to be more matters ment of the gentleman from Carbon (Mlr. of expediency than anything else. Lilly) there is no time allowed for that. Some gentlemen seem to think that According to the report of the committee there is danger of having a legislative there is, from the day of election until body of a most alarming character - the first of January, before he shall be which would in the last days of its term called upon to assume the legislative do something dreadful-something that power. would imperil the safety of our liberties. Mr. MINOR. Mr. President: I think I do not think there is very much in that. that both the amendments and the origi- Must we dread something horrible from nal proposition are wrong. It will be ob- the national Congress because its mem 34-41 DEBATES OF THE bers do not take their seats for sonne time not, of course, probable that much difIlafter their election? Must we expect culty will occur with resard to this something awful from the Executive matter. Certainly, we have had little l)epartment of the government because difficulty from that source in the past, Governors who are newly elected do not whatever we may find in the future. immediately take possession of their ofi- N1hile on the subject, 1 would call the cial chairs? I do not think there is much attention of the Convention to the fact, to be featred on that score; and I think that in the State of Indiana, after the last we had better at once fix the time and election-the Goverror being of one polihave done with it. The cominnittee which tical party, and the majority of the Legishad this matter under consideration has lature being of another political partycarefully considered it, (and I propose to the Governor, who was about to retire, give them the belle~fit {of it. W\1e ought called the Legislature together for the not to disturb any more than can possibly purpose of efecting sone statutory enactle avoicled the matters to which our mrents relating to political affairs, precommittees give so much timel and labor. vious to the itururation of the Governor especially upon pointsof mere detail and who had but recently been elected-Govof petty imnportantce. ernor Hendricks. I do not know what AMr. HARRY WIn[TE. For my part I the special objects were, nor whether the am not very much disturbed at the fact people of Indiana complained of that of some little time elapsing between the course; but at all events, it appears to date of election and the date of convening me to be unwise to let too much tine of the Legislature. It is, however, well elapse between the election of represento have everything settled by a definite tatives and their convening as a b)ody. rule, and this matter must certainly be IFor that reason I will vote for that of settled one way or the other. I confess December. to feeling some doubt as to the propriety Mr. LILLY. I wish to state to the genof making the termi commennelce, as some tteman that the Legislature which the gentlemen have suggested, the day im- Governor convened on the occasion reIimediatelv following the election. Able ferred to, was the Legislature which hadl arguments pro and con have been made, been just elected-not the old one. which it is not necessary for me to reca- lr. HARRY THITE. I ntderstand tl. )itulate. It occurs to me that if the idea M.%r. JOSEPH BAILY. I would like to now before the Convention is favored, the first day of December is the best day to he the clause read as proposed to be adopt. That will, in my opinion, be pre- amended b the gentlenan from Carbo ferable to the first day of January. Usually, I prefer to adopt, wherever practica- The CrLERK then read the clause, as ble, the reports of committees, for the follows: committees, unquestionably, devote a " Their term of office shall begin on the good deal of time and attention to their next day succeeding their election." subjects; but the first day of January Mr. JOSEPH BAILY. I think it would is so near the day for the assembling be well to strike out the word "znext,' of the Legislature, that it seems unwise and let it read "the day succeeding." to make the term commence within so short a tinme-only a few fdays-cof tlhe AMr. LILLY. I accept that as a modifimeeting of that body. Why not, if we cation of m motion. are going so near to the date of the meet- The question being upon the aniending of the Legislature, make the term ment offered by the gentleman froin Carcommence on that same day? If, how- boen, (MTr. Lilly,) as modified, to the ever, we are to have a different day, I anmendment offered by the gentleman should prefer the first day of December, from Philadelphia, ('Mr. Simpson,) a d1ithat is, some day nearer to the day of vision was called, and resulted, —in the election. As some gentleman has sug- affirmative, thirty-four; in the negative, gested, it is well, perhaps, to have the fifty-four. Legislature term comlmence with the So the amendment to the amendment commencement of the fiscal year. It is was rejected. CO]NSTITUTIONAL CONVENTION. 345 The CHAIRMAN. The question recurs The CHAIRMAN. The question is now on the amendment of the gentleman from upon the section as amended. Philadelphia (Mr. Simpson.) Mr. GoWEN. I believe it is known to.Mr. J. R. READ. I desire to offer the this Convention that I am chairman of the following amendment: Strike out the Committee on Revision and Adjustment, words "day of January," in the fourth and I desire, thereltre, to state that I have line, and insert in lieu thereof, "the first endeavored to prepare myself for the dnTuesday "-so as to make it read " the first ties of that office by consulting several old Tuesday succeeding their ele-tion." authorities, among others Lindley MurMy object in offering this amrendment ray. I desire to call the attention of the is this: That I concur heartily in the re- Convention without, I hope, any appearmarks of the gentleman from Carbon, (Mr. ance of extreme criticism, to the wording Lilly,) asto the necessity of having a body of this section. The section, as it now which, if called together in special session, stands, reads: "An election fOr members will represent the will of the people. Yet of the General Assembly shall be held on I can see much force in the remarks of the the first day fixed for the general election gentleman from Philadelphia, (Mr. Gow- succeeding," &c. It seems to me that en,) that there is no sort of certainty as to would imply that there may be two days who the representatives of the people are fixed for the general election, and the until proper tine is allowed to ascertain word " first " ought to be transposed so as the facts. I apprehend that the time to be inserted before the word "succeednamed in myr amendment, namely, one ing." The section will then read more week, will about meet the case fairly. grammatical. The question being on the amendment Mr. MACVEAGIH. I would state to the offered by the gentleman from Philadel- gentleman that this section was written phia, (Mr. J. R. Read,) to the amendment before the Convention had passed upon offered by the other gentleman from Phil- the question of elections. apelphia, (Mr. Simpson,) it was rejected. Mr. GOWEN. My amendment will cover Mr. WHERRY. I presume that under everything, and will not affect the substithe ordinary circumstances of the public tution of the word " December." there need not be much difficulty in this The CHAIRMAN. The amendments case. But there are two considerations in which the gentleman proposes to offer had the case not yet pointed out. One is that better be submitted. The Clerk will read when the people adopt this new Constitu- them, and the sense of the Convention tion, if there ever was, in the history of can then be taken upon them. Pennsylvania, a necessity for special leg- The CLERK read as follows: islation, it will be then. That must neces- I. To strike out the word "first," in the sarilv follow the adoption of this Constitu- first sentence, and to insert the word tion, for, wise as we mav be, I doubt not "first" after the word "election," in the we will make manv and grievous errors, samie sentence. which must be imended by legislation. IT. To insert the words "at the general There is another consideration which I election held" after the word "amid," in take forgranted, that if the provision about the first sentence. bienniazl sessions of the Legislature passes, III. To strike out the word "balance," and is ratified by the people, we remove in the last sentence, and insert in lieu the Legislature, in one-half of its exist- thereof the word "r'emainder." ence, nearly two years from the public IV. To insert the words "shall have," heart; anid public pulse, so that the time after the word "vacancy," in the last senintervening between the election day and tence. the dav tor the assetl)bling of the Legisla- The CHAIRMAN. The question is on tunre should certai ill y be asshortaspossi ble. the first amendment. iMr. MINOR. I offer the following Mr. AIACCONNELL. I move to amend, amendlment: Strike out the words " first by inserting the word "first" before the daly (f.JItnuary,",tlld insert in lieu there- word "general," in the first sentence. of, "-econd 2Tuesday succeeding their Mr. SIMPSON. I would suggest to the ele(it ol.1" gentleman from Allegheny (Mr. MacConThe (lu-estion heingtaken on the amend- nell) that the section reads better without ment to the amend ment, it was not agreed the word "first" being inserted. to. Mr. DARLINGTO()N. I would suggest to The question recurring on the amend- the Convention that all these miereverbal ment of Mr. Siimpson, it was agreed to. amendments belong to the Comimittee on l46 DEBATES OF TIHE.,Revision and Adjustment -when the tinme Tile question being takenlroln the amenldarrives. There will be, of course, various nellt, it was agroed to. gyranimatical ilnaccuracies in the various T'he third an-enldient offrede I by tr. toirms of language in all the sections of (Gowen,t was then read. this report; and I do not think they caln Mr. AINr 1 Mr. Chairiln: I Ilmvxe to. o)e submitted for correction to a better or amlend the -mendinent, by stritiking oiut tll Inore appropriate committee than the one after the word'' election," ait the end of.presicled over by my friend IMr. Gowen. the fourth line, andlc ilset the foltow1xing. WVe should proceedc to the further eon- "S hen anllY atlt -( o(cu1 in eithqer.ideration of the article amd adopt such touse, the (:loverinor shall isssue a writ of plinciples contained therein as we shall election to fill such vacailcy for thle redeem proper; and thel- I would sLuggest main luder of the term in x whicli suhtlt vacaxrefer the article, alon-g with otheis, to the cy occulrred." (oinuimitteemon Revision and Adjusttiienit. Mr. AIN e. Mir. Chri ial: If t in:'Mr. (COW E. If the getlemltan froiyI beris will refer to the last. Taragtra;)h of thte illegheny (1Mr. MacCtonnell.) modi sectio it will oce ifI section, it will beeenll thla t it loes Inot P)i(ohis amnellndment to the alnenldment, so that vide for tle fillinrg (it' siilgle v'ailcay tit xwill strike out the wxorcd " first" where While it,i1/ght, perhayps, be onstrlued to> it is, and insert the word;next' after tile authorize ile itsseing of a singl,l wrxit ci.word "election," 1 w-ill accept the atiend- election, it does not say so ill terilas. Ii ment. anr i nstrunentt so importalt, so difflic Ilt ohf Mr. MAcCON, ELL, [ will witldraw chage as vwoulcd -be the Organiic lawi there tmy aiendliterl-t, and the original aniend- ought to be nothing left to be supplied yv:ientcan be so inmodified. ilmplication. or thiat is capaple of beillg The question being taken on the first construled txwo ways. 3xnsides, the lanii amenlldment as modified, offered by Mr. guage, as it comes froul the colllnittee, is Gowen, it was agreed to. not grammnlatical. The wvord "w Vt1canlcies" The PRESIDENT. The secoind amend- occurs twice, and "vacancy" once in the meent, offered by Mr. Gow-en, is now be- same clause, tlhou hall relate to the s'ont~e fore the Convention, and it will be read. In other wsords, we have the singultlar 1nou1i The CLERK read the amendlnent. "vacancy"' withl the word "su,'11" pre) Mr. GowEN. Mr..'hairmran: The ob:i- fixed, and that related back to the plural pect of this amenidment is this: As thie "vacancies" in the samlle stetece, wvhich section now reads it is that mlembers of destroys its sense. The alnencldment which the General Assembly shall be elected on I propose, if adopted, will provide for the the day fixed for the general election next filling of a single vacancy, which is not succeeding the adoption of this Constitu- clearly provided for by the -section as it lion and every two years thereafter. No'w now stands. It also mn1akes a few other ythe general election occurs every two necessary changes in the language of the years, and the section, 1 think, will read paragraph, the propriety of which must much better if the words "at the general be apparent to all who wiil refer to the plection held" are inserted after the word section and to my amendment. I hope;'and," in the first sentence, the same will be adopted. Mr. LILLY. When this Convention as- Mr. MANN. Mr. Chairman: It does.embled at Harrisburg, andthe committee seem to me that the remarks of the genreported the rules for the government of tleman have force, and we ought to pay its proceedings, in looking over the list of some little respect to this Cominmittee onI committees they reported, I naturally sup- Revision. Now, the whole of these amendposed that the duties of the Committee on inents are proper subjects to be referred Revision and Adj ustment were to pick out to that committee, or else it will have no just such small words about which we duty to perform whatever. have been discussing, and remedy their I agree entirely with the remarks of the grammatical construction. In looking gentleman from Lehigh (Mr. Ainey.) Bul over the names of the members of this what I submit is, that it is a subject to be committee, I was glad to see that it was referred to the Committee on Revision. composed of just such mien as now com- They can review this work much better pose it; and I hope that all these minor than we can do so while in committee of questions will be referred to that commit- the whole. They were selected for that tee in order to save the valuable time of very purpose, and I hope we shall not take the committee of the whole and the Con- it away from them in this way. There is vention in discussing all such matters. no use of making a motion to refer this C ONSTITUTIONAL COXNYENTION. 347 ro)po'sition nlc sswe can hilve, 1by geerel arise in this way, and then let the matter <:~onsent, an unthderstalldig that the gramn- go before the Comlnittee on Rle, vision inl;liar of our sections and matters of that miore torrect shape. It will not take but kiJnd, are to go, by,commi ).- consent, to a minute to act upon these sujg:'-stionls. the Comm itteoe on, Revtisionn. Utnless -we The aniendm.ent to the amendl ment was o thiswe shall thatve suchl rotions as tlhese'greed to. e.;'elv ti:nte we are in comllmlrittee of the IN5lUR'tPi'NG';'S1-{iAiTI, fI1Vt;'.)'vl hoe, liand wxill accomptlilsh very little. 1he (C 1AInMAN. The question now fr rTlh(e {[lt c JltMA-. The al o~tA 1i0 nov i fonmi thie amcenlldment,. to InserL t!ie words, a~.'tir ort th tto::etlid ml.nt ats. ond.'.:-;hali have'" after the word v'lacealcl.".- NAt EL ItrSECTION. Th'ee ametndment was agreed to. AItl. IDAitLNOaTON. Mr. Chairmlani: I C. The oI e sio now (mrs oil the. secLlon as amlnelndeA. iiov iov t3o aiCii thi s h s clis eotion r cs o the sectin as aidkin oult,'"tx o yearsi' atnd 5 nsertin A.re oSAN-NUAL ELECTION. M-otr. IDlt INXGc TOi. )I r r. C:tClirlati tl [rb e[} (li}t' J 1.'MAN. That is not an an and - iowr move to a-lenyd, to strike out the m.lent to the alllliet.l- words, "t''wo year.s " and insert the words, MIr. 1)A tLP:C'ON. Mr. Clinr ian: (, l'one vear." iml;,ut lt th lhe 01'g 0l:i: sectior. IOI Bo. A Mr. Chairmat: I move 1t. C fIT.AN. rthe question is now that the Comn'litteO- rise, repxort progress, iln the ait!leniluemt, amed nde d. Vlie'n and ask leave t:o sit ageain. we taike up thte stioll yonur aflimndment On this question a division was called, will be in o-der. which resulted in agreeing to thle lmotion Mr1. NT: LZM. -Mr. Chtairlanx: 1 mnove more than l majority of a quorumn votinthI it t-he comln-ittee rise, report progress, in the affirmative. mnd ask leave to sit agaitn. IN CONVltNTION X hlieC: h W's.j rejectfe. rThe PnISISIxENT` resumed his chair. 1Mr. H:IOwxAD.- Art. M (riarm-n: I mon~ve Mr. HtOpil.Ns, chairman of the ollml-'cha-t all these qestions of grammlnar be re- mIlittee of the wholles, reported that the kerredl to the Committee on Revision: committee had again had under considerThe CraiP rAN.. The gentleluan ctan- ation the report of the Committee on not mnlke that notion in comminttee of the Legislature, and instructed their chairw.hhole. That motion mYust be nlade in the man to report progress and ask leave to'louse. sit again.':lr. iMAcNv:A~;:if. Mr. C.hairman: I Leave was giveni the commiittee to sit thlink the better way wo)uld be to adopt to-morrow. the suggestions made by gentlenten, un- Mr. GOWRN moved to adjourn, which less there is some clear objection, and was agreed to, and the Convention ado:'orrcict as wego along the errors which journed at two P. AM 48 - DEBATES OF THE TWENTY- FIFTI DAY. FRIDAY, January 24, 1873. society of Friends of Lancaster county. The Convention met at twelve M. which was also referred to the Committee IPRAY~ER. ('ni Militia. Rev. Mr. Curry offered prayer, as fol- INTOXICATING LIQUORS. lows: Mr. DARLINGTON presented a petition Within these sacred walls, Almighty from a monthly meeting of the society of Father, in the years which have passed Friends, of the county of Chester, asking into eternity, Thy servants have declared that a provision to prohibit the manutfacthe truth of God. We, as a Convention of ture and sale of intoxicating liquors be people, representing the constituency of incorporated into the new Constitution, this Commonwealth, have here met for which was referred to the Committee or the purpose of changing-revising the or- Legislation. ganic law of the Commonwealth. Help qHE DEATH PENALTY. us to remember that we are in the place where God's word was declared. Help Mr. DAELINGTON also presented a meusalso to renember the fact that we are en- morlal from the same meeting of the same,gaged in very important duties. Help us society, asking for the abolition of the to perform these duties, with an eye sin- death penalty as a punishment for crine. gle to the glory of God, and to the inter- LEAVES OF ABSENCE. ests of the young and the rising generation Mr. LANDIS asked and obtained leave -yea, and our posterity yet unborn. We of absence for Mr. Baer for a few days. ask Thy blessing to be with us in all our *Mr. FUNCK asked and obtained leave of deliberations, remembering the fact that f a our works shall follow us. Hear us this morning with merciful acceptance, and Mr. LAWRENCE asked and obtained Zfinally save us, in JesusChrist. Amen. leave of absence for Mr. Hopkins for a The Journal c,f yesterday was read and few days. approved. Mr. ARMSTRONG asked and obtained The PRESIDENT presented a cornmmuni- leave of absence for Mr. Parsons for a few cation from Frederick Fogg, a citizen of days. Philadelphia, relating to labor, which Mr. ARMSTRONG also asked and obwas laid on the table. tained leave of absence for Mr. Metzger The PRESIDENT also presented a corn- for a few days. muncation from E. Haskill, a citizen of Mr. BOYD asked and obtained leave of Philadelphia, relating to the jury system, absence for Mr. Corson for Saturday and which was laid on the table. Monday. FEMALE SUFFRAGE. Mr. LILLY asked and obtained leave of absence for the Assistant Sergeant-atMr. DARLINGTON presented a petition Arms for a< few days. from citizens of Chester county, which was referred to the Colnnmmittee on Suf- Mr. SAMUE A. PIJVIANCE asked ad obtained leave of absence for Mr. T. H. B. frage, Election and Representation. l Patterson for a few dcays. MILITARY FINES. Mr. CRAIG. Mr. President: TI rise to a Mr. DARLINGTON also presented a me- question of privilege. In this book of morial from a monthly meeting of the so- Amendments, page 86, No. 173, the Princlety of Friends, of the county of Chester, ter has made me to have subomitted a asking exemption from fine for failure to proposition to the Judiciary C'ornmittee. bear arms, which was referred to the I desire to say that the proposition wos Comlnittee on Militia. submitted by Mr. Broomall; alid I do nlot The PRESIDENT presented a similar desire to detract from the honors due that memorial from a monthly meeting of the gentleman. CONSTITUTIOZNAL COINVENTIOiN. 349 Afr. DAL.IAIS offered the following reso- fer imatters of languagoe and gTrammar to lution, which was read: tlhe Conlinittee on Ilevision. and Adjust_Iesaolved, That it is the sense of the Con- cment. It will ba a vely difficult matter, vention that all amendments in matters in the first instance, to determineo the exof forml or language, which nmay hereafter act gramma-tical construction of the senbe offered in committee of the -whole to tences ill the sections -ec shall adopt, as articles under consideration, shall be re- well as their substntimtl tlrainge e nt. I ported, without debate, to the Convention, thlilnk it is very imipoirtant that w'Ae should and that the salie amendments, with all devote our attention t) the verbld conothers of the sanme character which mnay struction of all artices which are passed be offered in the Convention, shall be re- and perfect them, as far as possible, ill ferred, without debate, to the Committee commnittee of the whole. The Commniton Reision ad Ajust Revision and Adjustment tee oi Revision anld Adjustment will Thie question being, shall the Conven- then have the articleas fully and caretion lroceed to the second reading and fully prepared by the Convention as consideration of the resolution, a divi- it could be before them, and it will sion was called for, and resulted: In the then be their duty to examine it and atllrmative, forty-two; in the negative, see if any corrections are necessary in thirt.v-seven. regoard to the grammar and construction Sf, the resolution was again read. of the sentences. But if we are to turn Mr. DALLAS. Mr. tPresident: The Con- over to the Commiittee oil Revision and vention spent at least one long hour yes- AdjustLment the cude article asit presents terday in correctingn matters of mere itself to the committee of the whole. the gramlmar and language in the report of collmmittee will have a larger duty to pertlle Committee on the Legislature, par- form than was intended when it was origiticularly relating to the section of the nally created. I know that the commitarticle under its consideration. If this tee is fally competelt to attend to all C'onlvention has done any one wise thing these mratters of grammlmnaical inaccurasince its sessions commInenced it has been cies, but the Convention should not disto provide for a Committee oil Revision plense with this, its most important, duty ald Aclj djistmlent,.and tile gent~lelnen who Of correcting the language of articles uptre pllacecl upon that, committee are just on -vlich it may be called to act. the gentlemen w-ho are competent to see \Mr. BIDDLE. iMr. President: 1 have no to these mere nmatters of -gammlar and doubt that the intention of this resolution arrangement of llanuange. If this Con- is a good one; but, if I understand the venltion is to spend its time in committee reading of it, i. proposes really to transfer of the whole, and subsequently in Con- the whole subject of legislation to tllis vention, in reviewing, these questions of Committee oin Revision and Adjustment. grammllar and arrangemnent of sentences, If I recollect the words of the resolution whicch might be as w-ell done by this it requires matters of form and of lancozmmlittee, I fear our labors in the ex- guage tbat may seem to be incorrect, in anilnation of cardinal principles will be reports subLnlitted by the various conmleng'thened beyond our expectation. The mittees, to be referred to this Committee pur-pose of the resolution is not to confer on Revision. Now words are things, andcl pIower upon the Committee of Revision to I believe if we are brought here together l)erbrsOi a duty niwhich w-ould be beyond to accomplish anything it certainly is to its re-considerationl by the Convention, put into proper grammatical shape and but simply to vnake these verbal correc- language the views that we think best tions in the subjects coming before us for ought to be adopted by the Convention. consideration, subject, of course, to the If we are to transfer matters of form and appl)roval or disapproval of the Conven- of language to a connmiittee subordinate tioii. to this Convention, then we really transM r%. WNVITEnnY. I desire to say, in addcli- fer the whole business we are called upon tion to the remarks of the gentleman from to perform to an entirely separate departPhil-adelphia, (Mr. Dallas,) that it would ment. It probably will be said that after b})e really impossible to make these verbal the Committee on Revision has attended amilendments until the whole article is to this very comprehensive duty that the adopted. result of their labors will be referred back i7Mr. EnLIs. I think the gentleman who to the Convention again; but what possioffered this resolution did not fully under- bly can be gained by that? If it has to Stand its scope. It is that we shall rme- be done all over again, and the Conven 350 DEBATES OF THE tion is to revise the revisor, the whole ed by the Convention. Again, if this work of this revision had better be. done duty is imposed upon this committee, its in the first place. What is mostly to be sessions will probably occupy fifteen desired is not a reference to a Committee hours a day continuously during the peon Revision of these nmatters of language, riod of the Convention, and it is rather but an absence of unnecessary debate too miuch labor to give to any one cornwhen the suggestion is evidently a cor- mittee. I think if it was understood to rect one. One or two suggestions were be the sense of the Convention that after made yesterday which were obviously the adoption of any section or article, the correct, and should have been adopted at Committee on Revision and Adjustment once without an elaborate discussion. This would have power to alter the phrasematter is within our control. After an ology and correct the grammar of such article has been thoroughly discussed it sections, subject to the approval of the should be carefully examined to see if Convention, and without changing the the language in the sections harmonize substance of the article, it would do away with the general train of thought of the with the necessity of making any motions whole article, and this we cannot do by to reform the grammar expressions in sending it to the Committee on Revision, articles presented for adoption. because no such committee can possess With the view of taking the sense of the that body of thought which the whole Convention upon this subject, I propose Convention is able to bring to bear upon to amend the resolution, by striking out the subject. I shall be opposed, there- all after the word " resolved," and insert fore, to a reference to the committee of the following: "That it is the sense of any of these subjects named in the reso- this Convention that the Committee on lution. Revision and Adjustment shall have powMIr. MI'CLEAN. I am of the opinion that or to alter the phrase -logy and correct the the time spent yesterday by the Conven- grammar of any section or article adopted tion could not have been better employed, by the Convention, subj ect to the approval and that this work of revision had better of the Convention, without affecting or be done step by step as we proceed. The changing the substance of the section or Convention,after it has offered and adopted article." all the amendments which are necessary Mr. COCHRAN. Mr. President: The to perfect the articles and sections, will power given to any committee of this still leave enough competent work for the Convention to alter the phraseology of an Committee on Revision to perform. act that has been adopted by the ConvenMr. LA3M1BE:RTON. It seems to me that tion, involves in itself a very great juristhe true rules ought to be that after an diction, and one which I am for one not article shall have passed its second read- content to submit to the control of any of ing, the work of the Committee on Revi- the standing committees of this House. sion should begin. I therefore move, as The phraseology of a section adopted by an amendment to the resolution, that this Convention contains in it a great deal after an article shall have passed second of meaning. That phraseology may be reading it be referred to the Committee so altered as at first sight not to affect the on Revision. sense, or the meaning, or the practical M[r. DALLAS. I will accept the amnend- operation of the section. Yet, in point of ment. fazt, it may defeat the whole purpose and Mir. GOWEN. I hope this resolution, as object to attain which the section was inamended, will not prevail. I think the corpora ted into the frame of the proposimain duty of the Committee on Revision tion before the Convention. I do not and Adjustment can only commence think that the Committee on Revision of when the entire Constitution has been this Convention, whose action comes after adopted, for I apprehend that such a com- the action of the Convention itself, after mittee is expected simply to codify and the Convention has deliberately voted on arrange the various articles and sections a proposition, after it has debated it, and as adopted, so that the instrument shall after it has put in it its own phraseology, present one comprehensive whole. should extend to the change or alteration If this is the main obj ect of a Commnittee of any matter which has been i l;serted in on Revision and Adjustment, it is obvi- the proposition. ously improper to ask them to entertain I think that the Committee on Reviany jurisdiction of the subject until the sion should be confined simply to the entire Constitution shall have been adopt- proper location or consecutive arrange CONSTITUTIONAL CONVENTION. 351 ment of the sentences of the instrument, Resolved, That the Committee on House to correcting any verbal, merely verbal,or be authorized to procure proper drapery any mlerely grammatical errors in'the text, for the windows, in order to soften the and further than that I do not think it light and improve the acoustics of the hall would be wise or judicious for the Con- in which we are assembled. vention to go. It is against parliamenn- The resolution was read a second time tary law, as is well known, to strike out AIr. HARRY WVHITE. MIr. President: I anything which has been inserted in a cannot say that I am opposed to this resproposition by vote of the body. But if olution, but it may be as well to know you allow any committee of this body, what expense will be incurred; I asked after the Convention has acted, to change ta this question of a friend on the floor a mothe phraseology which it has deliberately mnt ago, who answered between ten and adopted, then you overrulethatparliamel- twenty thousand dollars. I apprehend tary rule completely. You strike out that y be extrvaant, but I would lik matter which has been inserted by a de- tnt termined vote of the whole of the Conven- to know front the gentleman who offered tion itself. the resolution what will be the probable expense of this addition to the hall. Mr. President, I hope that the amendment offered to the resolution will not be Mr. CoRsoN. Mr. President: I an asadopted, and that the Convention will sured by the committee that the expense will be inconsiderable; that it will be nothnot confer its power upon any Committee on Revision and Acdjustmnent, but that it lig in comparison with the benefits which will mature its own language, mature the we shall derive from the improvement. form and frame in which it chooses to put We all appreciate the difficulty in being its opinions, its sentiments and its purpo- heard in this hall, and I uncerstalz from ses, and in that way control them so that the co ittee themselves the they will not be changed or altered by the ized to procure this drapery that the insertion of any new words, or language, whole difficulty can be remedied, and that or phrases. It is true that this proposi- then every gentleman ho tries to speak tion leaves it subject to the final approval can be distinctly heard. The committee of the Convention. But tihen we must re- have no authority to do this without this of the Convention. But then we must re- or a similar resolution. member t hat it takes some time to get the or a similar resolution exact meaning, to catch the exact purport Mr. PURMAN. Mr. President: I move of a phrase, atnd one phrase may unde- that this resolution be referred to the signedly change the whole meaning and Committee on Accounts and Expendiintention of the Convention. tures. For that reason I hope that this resolu- On nareeing to this motion, a divisio tion will not pass, and that the Conven- was called. tion will insist upon fixing its own phrase- Before the vote was counted, ir. Boy ology in its propositions, leaving to the said: Mr. Committee on Revision to the simple duty order to make any remarks upon this subof fixing the consecutive order of the pro- ject at this time? positions, and also of making any merely Tle PRESIDENT. Yes, sir. verbal or grammatical changes that nmay Mr. BOYD. Mr. President: I have the be necessary. honor to be one of the Committee on House. The difficulty of hearing in this THIE RESOLUTION POSTPONED. building is known to be very great. The Mr. DALLAS. Mr. President: I have distinguished delegate on the other side heard enough from the gentlemen who of the House (Mr. Harry White) of have spoken on this question to satisfy me, course can be heard with great distinctfor one, that the sense of the Convention ness and clearness, because he has a is not expressed in the resolution which clarion and eloquent voice, [laughter] I offered. Therefore, to shorten debate, I and every gentleman here can hear him. now move that the consideration of the But there are quite a number of gentlewhole subject be postponed for the pres- men here who are not so highly endowed ent. in that regard, and it is more for their The motion was agreed to. benefit than for those who are so endowed that this committee of ours met upon repeated occasions and carefully considered Mr. CORsoN. Mr. President: Iofferthe and consulted about the propriety of following resolution: draping this hall in such a way that its 0352 DEBATES OF THE acolustic properties shall be greatly im- way except his politics, [laughter,] that proved. it would be more courteous to refer this; The chairmlan of the conmmnittee, MIr. subject to the House Committee, and I Ad, dicks has been in correspondence with hope you will refer this matter to the gentlenle who are posted with regard to Committee on the House, to report the seuch matters, and I judgle from the result probable cost, and the nature of the imlof that correspondence, and friom the con- provement that is intended to be macde. sideration that I have been able to give to T}IE m3OTIOX RVITIIDR,~A;N'. the subject, that the whole cost of drapin this hall in stch a way that every Mr. PUIriTAN. 1Mr. President: I cerIman can be heard will scarcely exceed tainly had no idea of provoking the disR200, and if there is any difficulty about pleasure at all of my distinguished friend the expense I will pay the bill nmyself from Montgomery (Mr. Boyd) in rmak%What the Colmmittee on Accounts and ing this motion. My motion was to refer Expenditures have to do Awith the Com- to the Committee on Accounts and Expenmzittee on House, is what I am not able to ditures to ascertain the probable amount comprehend. If the Committee on House of the expense. But, with the assurance are incompetent to discharge a duty of of the gentleman from Montgolmery, tlat this kind, and are likely to inflict expense the cost will'merely be two hundred on the State unnecessarily, the sooner the dollars, I have not the slightest ob jecCommittee on House is dismissed and tion that the Commnnittee on }House shall another appointed the better. I do not, proceed to do the work, provided it shall so far as I am coicerned, see that we are lnot exceed in cost the sum of two hundred subordinate to the Comnlmittee on Ac- dollars. Itherefore iwithdraw my motion counts by any means. What have we to to refer to the Committee on Accounts do with the Committee on Accounts? If and Expenditures. any gentlemlan in this Convention, lacTk- THE XPENSE. in' collfidence in this committee, thinks that the subject should be referred to this Movr. PURItAN. MIi. Presiscent: I lnow committee to report to the Hlouse what move that the resolution be so alended, the probable cost of the drapery will be, 4S to read: I would consider that more courteous "That the Comnittee on IIouse be into tle comnmittee than a reference to structed to procure and arrange the necesnubother committee, because by ippica- sary drapery, provided the expense of tion that would be saying, in effect, that thle slae will not exceed two h llnded the Committee on House are not come- dollars." tent to take into consideration the drap- Mir. HArRY WVIIIT1E. [Mr. President: I ing, of the hall, a subject costin'g, 200, and further move to amend, as follows: perllaps not as rluch. By striking out "I200" and inserting With reference to this drapery I would " $500." say that the comulittee only desired to Mr. PUR3IAN. I accept that amendclent. use inexpensive materials. Woe would The anldmlent was rejected. not expect to drape this hall in gorgl;eous AMr. BEEIE. Mr. President: I will not velveteen, or even bonbazine, [i a;l ier,] occupy much of the time of this iHouse, but in some serviceab;e but eco; Imes - but I wish briefly to say that the testitarial. WToe had no wish in the hi'e of0 dis- mlony of the reporters in regard to taking play, but only desired to afi-ord lmiany dowin the remarks made in this Convenmembers on this floor an opportunity of tion is unanimous that beyond half the hearing a good many things that are done distance of the hall they have to guess, about us of which they now know little or upon an average, at more than two-thirds nothling. I there fore appeal to this body, of all that is said. I do not say that there not that I care a fig about it, butmy friend, will not thereby be better speeches rethle chairman of this committee, who has ported than if the language of gentlemen been the w-orking man on it, I never work on the floor was reproduced by the reportmyself if there is any way of getting out ers. I presume the speeches will be betof it, but Mr. Addicks is the chairmnan of ter under the present state of thinis, butJ this co11mmittee, and he has been kicked it is a responsibility which the official phoanid cuffeed about by some gentlemen inn nographers do not wish to unldertake, and way that is hardly complimrientary, and I I trust the matter Wvill be so referred that thelrefore 1desire to say, in favor of a faith- somnething will be done, and speedily, to ft1 chairman, a good, true Man in every improve the condition of the hall in that CONSTITUTIONAL CONVENTION. 3i~" respect. I merely wish to say that rhat- lature may authorize any county, city or ever committee it is referred to I hope it borough, by virtlle of a vote of its c&,tiwill be the sense of the Convention that zens or otherwise, to become a subscriber it will be referred to that committee whi cl andl stocklholder i said corpora.-tion of th.e' will attend to the matter the most.,peedi:ly' Centennial boan.rd of finance, and thus be and effectually. enabled to aid in the success of the great Mr. KAINE, I hole the gentleman from event of the nineteenth century. Greene (Mr. Purman) will withdraw the ENROLMENT TAZX. mnotion he has made to amend, and that fr. EIO0)TA:D ofered thle following, the gentleman fromn Montgomery (Mr. Mr. wa W offered the ollowing Coison) will put his suggestion in the mlittee on Tinanee, Iaevenuce and Tasashape of a motion to the Chair, that the on Finance, tion:.matter be referred to the Conmmittee on tionr the House to ascertain what it; ill cost Fo the cosiderat of the Com ttee on Finance, Revenue and Taxation: In. all cases where an enrolment tax shall The PRESIDENT. The motionof tlhe genThe PRESIDENT. Thoe mot!ion of the gew be required to be paid upon any act of Asseembly, such act shall be void, unless negatived. ~~negatl~vedl. ~the enrolment tax on the saame shall be The question is now -upon the resolution,' paid within six nmonths froma the date of which authorizes the Committee on the id withn si monhs fro te d House to drape thle windows th assage of the act. The resolution was agreed to. THIRD READING OF BILLS. CE:N'~TE'NINI.Ab L CEL~EPRATIOfb a'Mr. DE FRANCE offered the followiing rtesolution, which was read and, referred Mr. LITTLETON offered th floing to the loCommittee on Leeislation: preamble and resolution,which were read Resolved, That tle Committee on Legisatnl refled to the Comlmittee on Legis- lation be requeste(d to inquire into the lation: propriety of inserting into the ConstituWTrHEEAS' The Congress of the UTnited tion the follore inL States of (31A-eric. has passed an act, ap- "That no bill shall becoume a law until proved Mlarchi 3, 1870, entitiledl "An Alct it shall hLave been fully and distinctly to provide for celebrating the one hun- read on 5hree different days in *each edteith aanniversarni of American inde- branch of the L(egislature, unless in cases pendence, by holcing an international ourgency three-fouths of the enibers exhibition of arts, manuiafactures and dispense with this rule, and that on the products of the soil and mine in the city il passag of such bill in either banch of Philadelphia, and State of Pennsylya _ of the Legislaturef the question shall be mna, in the year 1876 " talken by Seas andc nays, to be duly enAnd w'hee cas, In furtherance thereod, tered on the Journal thereof. That no Congless byan act, entitled "'An Act rela- bill shall be passed by either House of ttive to ilhe Centennial international exhibi-, the Le-islature on the cay presri bed fo tiona to be held in the city of Philadelphia tie adournment." State of Pennsylvania, in the year 1876,"':apYprovied June 1, 1872, creating a body ADJOUENMENT. Co rpora;-tot? to be known by the namne of the Mr. RUNTNI offered the fol'owing resoluCentennial board of finance, with full tion, which was twice read: power ancd authority to secure subscrip- Resolved, That, to enable the Conmmittee tions of capital stock to an amount not of the House to drape this hall, in accordexceeding ten million dollars as thereini aince with the resolution passed, when provided, and making it lawful for any this Convention adjourns to-day it be to lmlunicipal or other corporate body ex- nmeet on Monday at twelve o'clock noon. isting byv or under the laws of the United 4Mr. HAY. Mr. President: I would like. States to subscribe and pay for shares of to inquire whether that resolution was said capital stock;" therefore, offered after consultation with the Corn — Be it m esolved, That the Committee on minrtee on the Hlouse, and if so wahether Leg islation be and hereby are instructed to this adjournment would enable the cornprnepare and report to this Convention a mnittee to drape the hall as proposed. proper article or section to be inserted in MAr LILLY.'Ir. Presidenlt: I obiect to tlie Constitution, whereby the Cornmonr- all this thing about draping the hall. It wealth may become a subscriber or stock- is gotten up for the purpose of adjourninrg Iholder in said corporation, and the Legis- over Saturday. Now I ain,in:.tvr. of 23 354 DEBATES OF THE adjourning over, and shall vote for it Mott, Niles, Purviance, John N., Reyevery time a resolution to that effect is of- nolds, S. H., Russell, Sharpe, Stewart, fered. But as soon as a proposition to so Woodward and Wright-25. adjourn is made, I see gentlemen picking up their umbrellas, and will see nothing TELEGRAPH COMPANIES. more of them until Monday. I think we Mr. BRODHEAD offered the following had better strike out the subject of dra- resolution, which was read and referred ping, and meet the subject of adjourn- to the Committee on Private Corporament squarely and fairly, without any tions; drapery or anything else around it. Resolved, That the Committee on PriMr. DARLINGTON. Mr. President: I vate Corporations are required to consider understand from some members of the the propriety of the following article: committee to whom this was referred no ARTICLE -. Every telegraph company, prepai'ation whatever has been made, and organized or doing business in this State, it is utterly futile to suppose that they can under the laws or authority thereof, shall do it to-morrow. Whenever the time ar- have and maintain a public office or place rives when that committee wishes a day in this State for the transaction of its busiset apart for them, 1 am willing to give it ness, where transfers of stock can be made to them. and in which shall be kept for public inUpon the question of adjournment, the spection books, in which shall be recorded yeas and nays were required by Mr. the amount ofcapital stock subscribed,and Kaine and Mr. Corbett, and were as fol- by whom, the names of the owners of the low, viz: stock and the amounts owned by them Y E A S. respectively; the amount of its assets Messrs. Ainey, Armstrong, Baker, Ban- and liabilities, and the names and places nan, Biddle, Black, Charles A., Bowman, of residence of its officers. The directors of every telegraph company shall annuBrodhead, Broomall, Buckalew, Cassidy, of every telegraph company shall annuCuyler, Elliott, Ellis, Finney, Funck, ally make a report, under oath, to the Gibson, owellot, sanna, narvey,,Hemp- Auditor General, of all their receipts and hill., Hunsicker, Lamberton, Lear, Lelly, expenditures, which report shall also inLong, M'Camant, M'Clean, Metzger, New- dude such matter as may be required by law. That all charges by any telegraph lin, Palmer, G. W., Palmer, H. W., Par- law That a charges by any telegraph sons, Patterson, D. W., Pughe, Reynolds, company for messages sent shall be uniJames L., Rooke, Ross, Runk, Stanton, form and pro rata, and according to air Temple and Van Reed-o42, line distance. That legal process against any telegraph company may be served upon any operator at any telegraph staMessrs. Achenbach, Addicks, Andrews, tion, and the wire, instruments and other Baily, (Perry,) Beebe, Black, J. S., Boyd, property of all telegraph companies shall Campbell, Carey, Carter, Church, Clark, be liable to seizure and sale in any county Cochran, Collins, Corbett, Corson, Craig, where judgment may be awarded. And Cronmiller, Curry, Dallas, Darlington, De the General Assembly may pass laws enFrance, Dunning, Ewing, Fell, Fulton, forcing, by suitable penalties, the proviGuthrie, Hall, Hay, Hazzard, Horton, sions of this article. Howard, Kaine, Knight, Landis, Lawrer ce, Littleton, M'Allister, M'Connell, M'Clilloch, M'Murray, Mann, Mantor, Mi- Mr. GOWEN offered the following resonor,'Patterson, T. H. B., Patton, Porter, lution, which was read: Pulrmans,.Purviance, Samuel A., Read, Resolved, That copies of all such proJiclh is most vwalunable to legaoisators. the gentienian fronil Colnunbia himself, Let us se whetlier ties aronuinilt has who, dedicat;no vory consideriable pow- consisteicy or vlfue. Let us turn for a ers and very great industry for nearly a single nioiiiot, and we cannot avoid getlife-time to the service of tihe public, ihas ting inrto this discassioi sonieIewhat of the always, or nearly always, in the course of fifth sectiou of this article, to this section. that life, been honored by this Comoron- It, provides, aifter naminrrg the day for the wealth with places of high trust, which meeting of the General Assembly, thalt it he has so discharged as not only to bring shall meete every two years thereafter, honor upon himself, but to reflect honor unless sooneri canvened by the Governor. upon the Commonwealth whose servant Now, sir, what possible experience gainhe has been. ed by an election for two termns can a I need scarcely go further than that. legislator have who rushes into office It is not the fact that representatives do- within a few weeks after his election as ing their duty faithfully and fairly are you have already ordained by your vote, left at home. It is not the fact; and if it who sits there three or four mionths and were, this subject is to be looked at in tihe then,ernains for nearly two years th-e torinterest, not of the elected, but of the pid riepository of the legislative power of body of the people who elect the repre- thie State? I want gentlemen who advosentatives. Important as it is-and I cate this system as a body, these three or grant its importance as fially as will be fiur sections, to tell ure how, if we are to desired-to have a trained body of public have biennial sessions, that is onie session 366 DEBATES OF THE every two years, the representative elect- advantages? You cannot, of course, in a ed fo" two years is to acquire a greater large community, do as was formerly legislative experience than the represen- done in the small republic of Greece, tative elected every year and sitting once assemble together in town meeting, all the a year. One-half of the equation just de- populace taking part in the discussions. stroys the other. If the second section That certainly was the direct method of is to be weighed and carried out as the getting at the popular expression of gentleman from Columbia proposes that thought. You therefore, instead, send it should be, then it destroys the fifth chosen representatives of the people to section. If the fifth section is to be car- discuss what is best for the people at ried out as the gentleman from Philadel- large. Now is there any objection? On phia, (Mr. J. Price Wetherill,) who advo- the contrary, is there not a great advancated its passage the other day, and the tage in having what is called the popular gentleman from Lancaster, (Mr. Carter,) body, expressing, in the largest degree, the yesterday desired, then the advantage to popular desire. You have the Senate asa be gained from the second section ceases a check, upon hasty and crude legislation. altogether. Biennial sessions mean no You have your Executive asa supposed admore experience than at present. The ditional check, forIdonot supposethatwe larger experience by serving two terms intend here to take from the Governor the instead of one annihilates biennial sessions. veto power. You have the ordinary'forms This is tom plain almost for argument. of debate as an additional check. So far I therefore feel, Mr. Chairman, that no from not wanting-we want-the annual sufficient advantages are offered for the thought, we want the periodic expression change proposed, while the disadvantages, of the desires of the people at short interin my opinion, are very considerable. vals, exhibited by the popular branch of What are they? the Legislature. No legislation can be First of all, as this bill stands, if you valuable that does not embody, to a great look at the first section, which requires extent, the existing sentiment of the elecSenators to be elected for tour years-but torate body, and I, for one, regard this conof course for only two sessions-in regard templated change as bad, simply because to the smaller and elder, and what is it removes for too long a period of time, usually regarded as the more con- from the elector, his chosen representaservative body, you actually get less tives. Do gentlemen reflect that only legislative experience by a whole ses- within a day or two quite an animated sion. You have two sessions instead discussion arose here as to whether for of three, as at present. There the gen- the poor remnant of five or six weeks, a tleman from Columbia (Mr. Bucka- Legislature, elected, of course, presumedly lew) will feel that his argument is turned for the old period of time, might misagainst himself. And you are not, I re- represent the sentiment of the people? peat, to look at this section in an isolated That was the argument urged against way. You are to look at this as part of the term beginning on the first day of an entire system. But we lose what, per- January, an argument which certainly haps, is of vastly more value. What is found favor with the majority of this the value of representative government Convention. Why it was that between at all, Mr. Chairman? Whatisthe mean- the first Tuesday of November and the ing of the system under which we are liv- first day of January that body, elected ing-under which we have been flourish- less than a year before, might, by unfaithing ever since we were a community? ful combination with the Executive, misWhy, it is nothing more and nothing less represent the wishes of the State at large. than this: That it is to the people, to the There would be, therefore, it strikes me, electors that all power belongs; and it is a very grave inconsistency in removing their behests, desires and wishes that are the representative two years from the to be carried out; and the moment a sys- people if there is danger that in six tem is invented which does not faithfully weeks of a term to which he was elected reflect and faithfully carry out those man- less than a year previously, the trust dates and those desires, it ceases altogether might be betrayed by him. Gentlemen to be the form of government under which who voted that way the other day vote in we are living. favor of the longer term to-day; but above Now how are you to reach this?. How all, this question of consistency or inconare you best to obtain the advantages sistency, we must not forget this main of this msyste, and to get rid of the dis- fact, that we are all of us here to endeavor, CONSTITUTIONAL CONVENTION. 367 as I believe we are endeavoring, accord- are now elected, with a larger body of ing to the best of our honest ability and them, thus bringing them more directly information, to decide upon those points into contact with the constituencies from of change that are best for the Common- which they come, with more representawealth at large, and I appeal to gentle- tives and smaller constituencies, with men whether it is not more desirable to some organic change, confining legislahave the popular body freshly and di- tion to general and curtailing or putting rectly from the people every year, chang- an end to all special or private legislaing, if you please, with the changing opin- tion, you will reach this difficulty. It is ions of the represented-of the electors. a mistake to charge upon the legislator No system is an absolute restriction upon that which belongs' to the system under improper or unwise legislation; every- which he is elected, and under which he thing that is human is liable to be per- is compelled to act. It is the system of verted, and it is only by repeated change legislation that makes the legislator bad, that you can at last achieve that which is if he be as bad as he is said to be. Lengthbest. The people have the right, there- ened terms may give lengthened ability fore, to impress upon their representa- to do wrong. It isnot at the term that we tives their own, fairly changing opinions, have to strike. It is a misapplication of that by their action and counter-action' terms, it strikes me, to look at it in that their ultimate sober thought may be way. What you want is an expression of placed in a permanent shape. the opinions of the people as frequent and But it is said that a man elected for a varied as they are now, as our own expeshort period of time will use that time for rience has shown us to be well; and you purposes of self-advancement. While it want removed from the operation of legis quite true that a good representative islation, so called, that vast body of subwould, by experience, become a better jects which really has no place in it. one, yet it is equally true and it is a great One single argument I would like to deal more dangerous to the community notice, and then I will leave the subject. represented, that a bad representative be- It is said that the experience of our sister comes a great deal worse by long contin- States, or of a large number of them, points uance in office. The balance of disadvan- in favor of this change, and I think we tage, let me say, is vastly against continu- were told by my friend from Philadelphia ing for a long term the bad representa- (Mr. John Price Wetherill) a day or two tive. If there be danger to be apprehended ago, that out of thirty-six States, either from corruption, much more is it to be seventeen or nineteen-and it is not ialapprehended from thdse who are familiar portant which way the figure is-had with the arts and tricks of legislation, adopted the proposed change. That fact and who, grown hardy by constant ex- proves nothing. In most of those States perimnent, endeavor to pervert the whole the adoption is quite a recent one-almost machinery of legislation to their own ad- as recent as our own will be-if we, as I vantage and to the detriment of their con- hope we will not, adopt it. Therefore we stituency. gain nothing from the supposed results of But it is said by some gentlemen, who such experience. In regard to the State advocate this change, that we have too of Ohio, which has been referred to as much legislation. Undoubtedly we have. having interests as diversified as our own, That is, we have that which ought not to (although it is my opinion that no State of be legislation at all. WVe have a great all the States which compose our Union deal done by our legislators which ought can compare with Pennsylvania, either in to be done in an altogether different way, mineral, agricultural or manufacturing and we are beginning to find it out. A resources,) what isthe experienceofOhio? great deal of what is called special legis- Myfriend from Chester (Mr. Darlington) lation could be done with greater propri- tells us that instead of having annual sesety by courts and by the municipal bodies sions they have sometimes as many as which direct the affairs of the smaller dis- four sessions a year. And if it be possible, tricts of the State. That is not, however, to Mr. Chairman, that in a small period of be charged to the shortness of the term for six weeks, when power is just about paswhich the legislators are now elected. It sing away from the representatives, a comis the fault of another part of our systems, bination should be corruptly made with for which I hope we will be able to pro- the Executive, by whichlegislation detrivide a remedy. But with representatives mental to the public may be passed, what elected for the same terms for which they will you say of that power which enables 368 I DEBATES OF TIHE -and you. cannot prevent it; it is imnpos- special purpose must be specified in the sible-a Legislature by connivance with call orit cannot be mnade. It is not plroa conrrupt Execuitive to be in permanent posed to take away that power, but -to session andc to ride over every right -which have biennial sessions ro general purposes the peo.ple hold dear. of iecislation. I shall thearefore vote in favor of the It has also been said, that althouglL amendment proposed by the gentleman seventeen or nineteen States have this fiom Chester (M'Ir. Darlington.) svstemn of biennial sessions now in operaMr. AI''ALLISTER. Mr. Chairman: It tion, they are, most of them, inconsiderahas been saidl that the people have hot hle States. Let me say to the gentlem ian called for this change in our organic law. from Philadelphia (Mr. Biddell) that With thatl assertion I take iss1ue —in this. Ohio and Indiana and Illinois are amnong that they have called and are calling most the number, and they are aniong the umost persistentlyv for the suppression of special important of the Statesof thisUirion-. Iliilegislation, and I have rarely, if ever, nois has surpassed Pennsylv-ania in the heard that question mootedl except in increase of her population during the last co-nneotion with biennial sessions of our decade. Let her not be called an unimLegislature. When this localt legislation portant State. is taken at-awy the greater part of the busi- Again, it is said that these are reeeit ness of our Legi lature, j -ud -ing hfornl th1e and novel changes. If I mistake vo)t, Ilpast, ati'll be taken away. It is no exag- linois, after an experience of twenty or geration to say that four-fifths of the timne thirty years, continued her systen; for of our Legisiature has been taken up with Illinois, I believe, had biennial sessions the worlk of iocal legiusi lation. A portion belore she adopted the present Cans1itiuof our citizens, irn the years that are past, tion. Ohio has had the system in actual. have looked for relief f1rolm every griev- operation, certainly since 18)50. Let me allce to such local legislation, and in- ask the gentleman from l Philadelphia, steal of going to oar courts, or resorting (lIIr. Biddle,) or any other.member on ta the municipal organization, to which this floor, what State in this Union that the gentlneman from Philadelphia (MAIr. ever tried the experiment oI biennial sesiBiddle) refers, have goone to the Legisla- sions has changed to annual? I tii-inlk it ture to sec-re the pa-ssa-,ie of stlne act will be found, not one. sIurnemioLs aites bearring- upon tihat special cause of com- have chainged from annual sessions to hiplaint. o-Nw it is proposed by the en- ennial sessions, but nott-he reverS;o Tlhs actmelit of jndicious anld well considered is the test of experience. It is a reason geneaeral laws to provide ior all this species foi our actionr. vie should not a'd 1 1e of legislation. It is proposedc to turn tile to the past simply because it is ol-, b-t mind of this class who have looked to should be guiaed by the experienceof thze special legislation for ieliel, as well as the pt o for the i.uproee ialtu. minds of tahe entie colnmunity, to the 1 ca-m inost heartily in fav or, not only of general laws v-ilci1 are to be enactetl to biennia 1i el tioons, bat of biel i1l SeSioT, have themo resort to ourr courts for relief arid tlinik stuce an ani aendment is necesunder a ju dical constructioi of thoso ger,- sary for the purpose of carrying out and eral laws, -ld wh7 w ie have accompslshed ef'ollctinl, in tile rnost beneficial iaalnnler, that we wtill, to a great degree, shorten "lle that chanCge for whlich the people have timne necessary to be spoent at llarrisb1,g. (called and aire calling'. ill he till hae tx n xalay, to a conside-ra- Air. LANDIS. inr. Chairluaan: The proble exte-t, tahe oceupation of the Looisla- position, as originally snhinitted bly tlae ture; and, let mne say, thlat in ciarrying Committee on the Legislaturen, iwrs thliat out the idea of boiennial sessions, arve will thie election of representatives lshould be add greatly to the relief of the conMamuni- Ield every two years. -So ifar as thl lt l potT. IU w-il be a laeans of securing better positioni itself is concerned the qut'si. Jon lawrs-law-s rmore fully considered, fron o(cf sessions might not arise, andcl if we look the very fact that relief crannot be had further into the report we will hfi:d thaat frIomn th3e Legislature in the interim. that question is distimnctaly met i:.,'jh lifh"Jl It has beenl said that Ohio ha-s had sectionl. But irheln wte lennat er tllohat several sessions during the two years. the genitlemani froin Clheseor (2,;t'. DIrvW\hen, I ask? That was inot stated. It lingt-on1) has pro1posed an mllltld:-ent, may halve been that soeine tiile during tlhe suggesting that the elec ion be lh-!d anninwar there were enmerg-encies which iten - ally, anad awhen we klnow thlit hoe ha's stadered a special call necessary. The ted that tile offect of it will boe to hold CONSTITUTIONAL CONVENTION. 369 annual sessions, then, sir, we recognize, considered in the past. During the last distinctly, the fact that the question is ten years I have no doubt the laws of this before us whether we shall have annual State will average at least a thousand or whether we shall have biennial ses- pages per year, and if you scan them closesions. It has been hinted here, sir, that ly, from beginning to end, you will be of perhaps time may be lost in the discus- opinion that the general lawns would not sion of that question now. In myvopinion occupy mnore than from sixty to a hunno time will be lost thereby, because if dred pages. that question is now clearly and distinctly To remedy these evils, and this excesunderstood, if the issue is here met in ad- sive special legislation, we desire to instivance in the debate at this time, so that tute biennial sessions. If special legislathe temper of the Convention is ascertain- tion is done away with, where will exist ed upon the question, we will have deci- the necessity for annual sessions? If you ded, in advance, the fifth section. do not abolish special legislation the neI can very well conceive how elections cessity for only biennial sessions will be might be held every two years and there so much the more pressing, for then this be annual sessions, but I cannot conceive species of legislation would be in a meahow there could be annual. elections with- sure limited. out there being annual sessions. It has been said here that some sevenWhy should we have biennial sessions? teen States have adopted biennial sesIf I understand the reason why this Con- sions. It was asked by the gentleman vention has assembled, if I have properly from Philadelphia(Mr. Biddle) why other understood why the cry has gone forth great States had not abolished the annual from the people, bringing together our system. I think the State of New York representatives, that there may be a sys- was reaerred to, the State of Massachutem of reform inaugurated, it has been setts and other States. The reply to this mainly from the fact that the people have inquiry might have been, that in those been burdened and oppressed by a griev- States, special legislation has not been ous system of legislation. The cry has abolished, and hence the supposed necesgone up fromn all parts of this Common- sity for annual sessions. We are further wealth. There has been no class of peo- told that the Legislature will not be preple, there has been no branch of industry, pared to furnish the people with general there has been no enterprise within all enactments in accordance with the scope, the boundaries of our State that has not, and spirit, and requirements of the orin some way, or at some time, felt the in- ganic law, as altered and amended by this cubus of special and excessive legislation Convention. resting upon it, and weighing it down. Those who make this objection place a Therefore, sir, I recognize that as the one false estimate upon the character of the great pressing evil which has called us citizens of Pennsylvania. They do not here, and we will be false to the trust re- grant them that measure of intelligence posed in us, we will be false to our duty, and that degree of pdrception as to their if we do not meet that difficulty fairly wants, which I am sure they possess. The and squarely; we have promised that spirit of reform, inaugurated on this floor, special legislation shall be abolished. will be responded to throughout the State TWhy should it not be? It has been said and you will find that alacrity, readiness, that the prominent trait of the American intelligence and ability will be displayed character is fondness for speech-mating; in the preparation and framing of such but the person who made that assertion laws as shall be found entirely adequate forgot one thing-the American fondness to the exigencies of the case. for legislation. Now, sir, let us try the experiment, if We surpass all the rest of the civilized you choose to call it, of biennial sessions. world in that respect. You may take, Let us see if we can remove this meonyear for year, all the acts of Parliament, ster of evil. Let us use the scalpel to exall the sections of the French code, all the cise this diseased excrescence from off the laws of the other civilized people of the body politic, and you will then have acearth, and compare them with our own, complished a grand work in the political and I care not how, whether you measure hygiene of the State. Wrhy, sir, I regard it em for em, or by weight, avoirdupois, we biennial sessions as the natural ally of the wvill surpass them all in excessive legisla- abolition of special legislation. Where tion. Itis looked upon as the grand pa- the one is deficient the other will nacea for every trouble, and has been so strengthen. They are naturally auxilia 370 DEBATES OF THE ries, leagued together against one common force for a period often years, the volume, adversary. Letus therefore take them in including the laws of that year, contains the spirit of reform. Let us take them one hundred and twenty-two pages of as they are offered here, and send them general laws, twenty-one pages of local forth together, and we will find that in the and special, and thirteen pages of resoluend( they will be powerful for the produc- tions. So that it was found that in the tion of good and potent for the accom- great State of Ohio, when everything, explishment of reform. cept upon the subject of public schools,.Msr. MINORi. Mr. Chairman: Allu- must be general, one hundred and twension has been made in the discussion now ty-two pages covered everything that was pending to the State of Ohio. It fell to my necessary. lot to reside in that State about fourteen Now, I do not know that it is necessary years, and to be engaged in a business for me to add other facts to these. I rewhich brought me in daily contact with marked that I resided in Ohio for a period the practical operations of the questions of three years, under the special system, now being agitated, and as this period of and I well recollect that that State was time embraces a living under both differ- then convulsed from centre to circumferent systems of government, I feel that ence by tile same cry we have heard in I ought, so far as my recollection serves this State upon the subject of special legme, commnunicate the result of my ex- islation and thle corruption that attended perience to the Convention. This I pro- it. The State was becoming corrupt.pose to do in connection with some brief There were, however, found men who statistics. Up to 1850 the rule in Ohio was dared to stand up between the living and that of special legislation-the same as the dead, as it were, and stay the plague we now have in this State. In 1850 Ohio of corruption that grew out of this special provided a change; all laws from that legislation; and, sir, the high name of time on became general, except upon the that State, so far as it is preserved to-day, subject of public schools, and the laws of is largely due to the change that was then that State have continued in that form wrought. from 1850 to the present time. I well recollect the relief with which we Now, the general laws in force in the hailed the effect of biennial elections and State of Ohio in the year 1840 were em- biennialsessions. It was a matter of conbraced in a volume of one thousand and gratulation everywhere and of rejoicing; twenty-eight pages. The right of special and so far as I know it has continued so legislation continued down to 1850, as I re- from that day to this. It was only last marked. From that time onward all fall that I had occasion to visit the State special laws that could be changed into a again, and while there I inquired of monemgeneral form were so changed and took bers of the bench and bar, and opinions the form of. general enactments. Then rarely differed upon the subject. The we have before 1850; ten years, and taking great point for which they desire a new ten years after 1850, and coming to 1860, we Constitution is that they may improve find the revision of laws of that time emn- their judiciary. It is true that there are bracing all in force in 1860 of a general somne who desire annual elections and annature gave one thousand six hundred and nual sessions, but the great body of the forty-six pages, an increase in volumeofa people, as far as I learned, desired the little over six hundred pages during a continuance in the future of a system of period of twenty years, and it will be government that had been tried so sueobserved that during thins time there were cessfully in the past. added whatever was of a general nature But, Mr. Chairman, what are the facts from 1840 to 1850, and then between 1850 in regard to Pennsylvania? During the and 1860 there were added whatever was last seven years all the general laws of of a general nature that was new, and also this State are 475 in nunber. All the spethose converted from old special into new cial laws for the last seven years, includgeneral laws. I have not had access to ing 1872, make 8,775. Thus it appears that the revision of the year 1850, but my re- during seven years the entire number of collection is that that revision gave a vol- general laws here are less than one-half unme of about twelve hundred pages. Such of what the special laws have been during are the statistics in the State of Ohio, but any one year of the seven. The lowest to go a little further, I will take up a sin- was in 1866, being 1,096. The highest was gle year. In the year 1860, after this sys- in 1867, being 1,392. Thus, then, stands the teom of general legislation had been in figures with us as to special and general CONSTITUTIONAL CONVENTION. 371 legislation. Now, although this volume of stand, or such as their interest requires? special legislation is vast and terrible, and Whereas, if you have biennial sessions has been the foundation of a great deal of you have them nearly twenty months, at corruption, yet if we look to the State of least a period of time ranging from eighOhio, for an example, we will find that teen to twenty months, according to the nine-tenths of this can be reduced to a length of time the Legislature may recompass that is almost nothing compared main in session in which to determine the with what it is at the present time, and effect of laws passed by the Legislature, so far as we have the light of any experi- and to arrange for additional or new legisence, then we may believe that it will lation if necessary. We are oftener innot be necessary for our Legislature to jured by too much than tbo little legislameet every year in order to make this tion. Let me in this connection allude to change. another fact. Even with a biennial sesIt was a fact that in Ohio the Governor sion in the State of Ohio we still found had occasion, in one or two years, to call, that we had too much legislation. The and did call,' a special session of the Leg- volumes of laws which had been passed islature for the purpose of making trans- and repealed during one period, not exfers from special into a general form of ceeding ten years, amounted to more in palaws, and putting the State in a desirable ges than those that were in force at the form of operation as to financial and other beginning of the decade duringwhich they matters which were necessary on account were passed. That is one of the solid of this change, but since that time special facts in the case even under the biennial sessions have been rare-so rare that- dur- system. So that even under the biennial ing the time of my residence there we system we had to learn and unlearn, subwere never troubled about them, never stantially, what was equivalent to the knew any evil to result from them, or whole system of laws in the State at the any difficulty to arise between the Execu- beginning of the period. Biennial sestive and the members of the Legislature. sions even do not entirely cure the exThis latter emergency being prevented, in cessive legislation to which we are suba large degree, by a provision which, I jected. It onlyrestricts andlimitstheevil, hope, to see in our own Constitution, that and while not removing it entirely, gives the Executive shall state to the members us that which is the better of the two. of the Legislature the object and'purpose But further deliberation is of great inmfor which they are called together in spe- portance. cial session. Then the people are pro- When men's works last for a long petected, because they know precisely what riod of time they are more careful in their is to come before the body. I will not de- preparation. Whl-ly does this Convention tain the Convention longer upon this act with care? It is because we feel that point. I have endeavored to state these we are speaking and acting and voting for facts, because they seem to be better than the next quarter of a century, perhaps mere opinions, and we can draw more en- half a century in all that we say and do. lightenment from them than we can from Just in proportion as a man feels that his mere theories. Now, upon one or two acts are to last will he be careful. If a other points, in regard to annual and bi- legislator acts only for eight months, and ennial sessions of the Legislature, I will feels that what he does may then be detain the Convention but briefly. How changed, he will be less careful If for stands the matter of annual sessions with two years he will be more careful than for respect to these propositions? It is evi- a less period. That principle is of great dent that experience -is the most valuable importance, and ought to be incorporated test of every law under which we Eve. by us into our system of legislation so We may theorize in advance, we may use that we may have, first, time to test the all the care that is possible, and yet no- wisdom of the act, and then the time for thing is equal to experience. If an an- carrying it out and determining upon its nual session of the Legislature is held it merits. will continue, doubtless, from three to But one thought more, and that is this: four months, and then what time is there Reference has been made, as an argunlent left in which a law is to be tried? Only in favor of annual sessions, to the fact that eight or nine months. Now is that long Pennsylvania is a State of great and varied enough for the three or four millions of the interests-coal and iron and oil it is trule. people of Pennsylvania to decide and con- But take the great interests of the State ofsider whether that lawr is such as ought to Pennsylvania —her coal, her iron, her oil, 372 DEBATES OF T!HE her lurnmber and her comlmerce. Now, I do not accord- or agree with; I do not, sir, I hate the honlor to represent a section subscribe to the section that is under conof this State in which one part of this sideration at all, or at all events not in the great mineral wealth is found. We are words in which it is expressed. Without sending fobrth from our section of the any disrespect to the committee that has country into the actual wealtk of this reported it,, I think i,t is a crude article State, every year, nearly' or quite twenty- from n tst to last, very inconsiderately five million dollars, by the product of oil considered and very crudely expressed. alone. I apprehend that our experience: suggests, we have had lore occasion tution, but it is only inamending in those fear the3 assembling of the Legislatu-are particulars where' there seem. to be an ap than -we have to look forward to it with parent necessity. Wllo here has heard oif pleasure. Oftener have we been compelled any coplaint aong our people as to any complaint among our people as to to send committees down to Harrisburg to annual elections? Or who, as provided in prevent legislation from destroying our this section, has heard an great ominterests than we hliave had to ask pro- plaints as to the issuing of writs for electection to our interests. Not, however, tionincasesofvacaneies? The;searethetwo so much oin ac~count of orr~uptiorn in provisions that are now before us. I would the Legislature, as on account of outside amend the entire section reported folm combinations and corporations. Again, the committee, and I will read an amendthe very fact, as it strikes me, that ment that I have prepared, in order that these interests are great, that they are my views on this point may be seen: tremendous, constitutes one of the strong-'.The election fio megmbers of the G~enest arguments -why legislation as to these eral Asseirblv shall be held on the Tuesinterests should not be too frequent. Youhall be held on the Tuesday next following the first ~onday succannot do a worse thing toward a great ceeding the adoption of this Constitutionand important interest than frequently to the wih it o. te at and anlnuallyv thereafter. When vacancies tamper with it or tinkler at legislation, occur in either House, the G-overnor shall which may affect it. issue writs of electiorn to fill such vacan True you may need annual legislation on some points. But, if so, let the Gover- e t nor call a special session, let him specify I do not noiv, Mr. Chairman, offer that, in his call the necessity which requires but read it as the concilsions to whici legislative action, and let the Legislature my mind has arrived in listening to the confine its business to the subjects em- discussion upon this subject I am not in braced in the (all of the Governor. But, as favor of changing the Constitution unless a general rule, let our interest be stable. we are to a certainty to derive some great Let our legislation be stable. Let a man good; some great advantage fro it. know from one year to another that his Now I see none to be derived from the arrangements for his business are permna- change here. Let us have our annual nent, because the arrangements of all ar elections and change, if you please, frolm perl nmanent. the Speakers of the respective Houses to I will not then dwell longer on this the Governor the issuing of the writs for povint, but it sees to ncise, wing t vacancies at is conci and we are at tets, knlowing these principles, that we an elementary work. We are not buildwill attain everythin;g we can expect to, ing p acts of legislation; we are laying that is desirable, and avoid evils more the foundation of a government; framing perfectly by this plan than in any other, the rules by which it is to be govened. by giving us biennial elections and bien- I was always a whig when that party nial sessions of the Legislature, with the prevailed in this State. Since then I have power in the GCovernor to call annual ses- been a rel?ublican, but I always believed sions, or oftener, whenever great emergen- that I was as thorough, and deep, and cies arise. fixed a democrat as any man that breathes. a:fr. WVALtER. 5Mr. Chairnma n: The The first vote I evercast for President was eoimmittee has just listened to the re- for the head of the democracy, Andrew marks of a gentlenman who has for a few Jackson. Thus brought up, thus educamnonths, or for a few years at most, made ted, thus believing, I cannot go for any Pennsylvania his home. I ask you now, amendment to this Constitution that is re5Mr. Chairman, to listen for a nloment to moving further from the people the right one who for the fifth generation has made to rule. That, in the form of our governPennsylvania a home. Mnent, belongs to the people, and the closer CONSTITUTIONAL CONVENTION. 373 or nearer you can bring it to that source Mr. Chairman and gentlemen, it is not the better for the government. because of special acts of Assembly, or by Gentlemen talk a great deal here about reason of them, that I am in favor of the corruption. There will be as much corrup- annual elections. It is because in all gention in biennial as in annual elections. eral legislation I want the people, each There will be as great depravity in our year, to express their sentiments, not Representatives under that system as un- with regard to special, but with regard to der the present, and if the people choose general legislation; with regard to those to send Representatives who are corrupt things in which, as a State, we are interto either the House or the Senate, the fault estec, that will develope our resources, is theirs. They are the government, and and build us up faster thanE we have been let them meet out an answer for it by built, hold us together stronger than we placing in power, at the next succeeding have been heretofore held together, not election, those who are not corrupt, and that we shall migrate from Massachusetts who will correct the evils into which their to Ohio, and from Ohio to Illinois, and then Representatives have fallen, if they from Illinois to Pennsylvania, but that have fallen at alL Being a republican, we shall plant our feet firm, by birth or believing in this government, I never otherwise, on Pennsylvania soil, live there wvill, unless positively instructed by the and die there -, working for the good of the electors, take from the people what be- State, not in local legislation, Mr. Chairlongs to them, and enable a mrtan to hold man, but in general legislation, going to a position a longer time than the very na- those things that concern us as a State, ture and character of our government developing us as a State, building us up, contemplates that he shall. Bring back to where soon we will be, if we will only the source, as often as you can, the elec- correct our legislation in some respects, tive franchise. the Empire State of the Union1 It will If there is corruption in our govern- not be many years before New York must menrit the people soon will detect it; the stand in the Ibackground, if we will cut people soon will correct it; the people out special legislation; if we will say to soon will remedy it. But those of us who capitalists abroad, "come here and inare in favor of biennial elections are advo- vest;" if we will say to corporations that eating that those who are elected to power may be formed, "you can do business as shall hold on a little while longer, in de- men do business;" but as long as we keep fiance, perhaps, of public sentiment to on our statute books such a law as we the position they occupy. As a democrat, have with regard to money, as long as we as one who believes in this form of gov- keep on our statute books the special laws ernnment, as one who believes in the peo- with regard to corporations which we pile ruling, I will not give my vote for it. have there; as long as we drive legitimate Now I care not what statistics the gentle- capital of Penisylvanians out of Pennsylmnan from the oil region (Mr. Minor) may vania, we will be tied down, hampered read. I care not what his experience in and crippled, until we will destroy —if it Ohio may be. I throw to the winds all ean be destroyed-the vital energies of these small matters in forming an ele- our noble State! anentary syvstem of government, and go to Now, Mr. Chairman, I do not wish to thesource, regardlessof expense. If there detain the committee any length of time. wvas more legislation in Ohio before their I only speak s' feel directed to speak, namended Constitution and less since, and and, I trust, to the point, showing that they are benefited by the change, very though I believe in the people ruling, I vell. Let it be so, Our poliey may be am not here as a republican, or as a whig different. We will, by the amendments or as a democrat, but I am here as a main, which we shall make, and for which we to work for Pennsylvania, not following are especially sent here, cut out this spe- in the footsteps of Illinois or Indianacial legislation, and then there will not certainly not following in the footsteps of be the neeesity for the number of acts or that'State that has disgraced her Constituthe numnber of pages referred to by the tion by putting therein an bath to be gentleman from Crawford, (Mr. Minor,) taken by ]epresentativres —which we, by nor the numanber as detailed by Mr. Jordan this bill now under consideration, are in the book that he has placed upon our asked to place in our fundamental law, desks. From that fet gentlemen seem and oath that can only be justified by goto come to the conclusion that rwe ought ing back to the days of Calv-in, an oath not to have annual elections. that eas. only be sustained by those who 374 DEBATES OF THE believe in total depravity, and by none IN CONVENTION. others; for no man who feels as a man, Mr. CHARLES A. BLACK. Mr. Presi1who acts as a man, who is a man, either dent: The committee of the whole have as an elector or as one elected, can think had referred to them the report of the of such an oath without feeling his man- Committee on the Legislature, and have hood insulted. The elector says, accord- instructed their chairman to report proing to'this report, I am voting for a gress, and ask leave to sit again. rogue, alid the elected permits himself to The report of the committee was acbe voted for as a rogue; and when he cepted, and leave granted thereto to sit comes to take the oath he swears that he again next Monday. will not be a rogue any longer. [Laugh- Mr. STANTON. Mr. President: I move ter.] we adjourn. -Now, Mr. Chairman, you have been tool Mr. CUYLEI. Mr. President: I ask long about that house on Capitol Hill, I leave to offer a resolution for adjournhave been there toolong, too, not to know ment until three o'clock Monday afterthat oathsby members of the Legislature, noon, in order to give the committee timue are like custon house oaths, easily taken to mneet in the forenoon. [No! no!] and easily broken. [Laughter.] Weare The PRESIDENT. Unanimous consent a democracy. We must keep the people not being given, the resolution cannot be pure, not swear them to be pure. We. received. must teach them from infancy up to be Mr. HARRY WHITE. Mr. President: i honest, and then we need not put on our move the rules be suspended for the purstatute book this disgracefual clause, much pose of hearing the resolution read. less place it in a elementary law, such as Mr. D:RLINOTON. Mr. President: we are framming here. Theom has been a motion made to adjourn. The PlqESIDaEN-'. The Chair has not Mr. HARRY WHITE. Mr. Chairman: The P INT e Chai as ot do not wish to detain the committee at hear such a Wtio. thislate hour. I merely vwant to submit a few oib3servations, of adjournment be postponed. Mr. STAN ON. Mr. President: In more Mr. LANDIs. Mr. Chairmnan: I movention do now aourn. the committee rises report progress, so The motionwas agreed to. that the gentlteman may -haave the floor So the Convention, at one o'clock and when we sit again, fifty-eight minutes, adjourned. uxlt.il nThe motion was agreed to. day at ten o'clock A', h, CONSTITUTIONAL CONVENTION. 375 TWENTY-SEVENTH DAY. MONDAY, January 27, 1873. JUDICIAL DEPARTMENT. The Convention met at ten o'clock A. The judicial power of this CommonM. wealth shall be vested in the Supreme PRAYER. Court, circuit court, courts of oyer and Prayer was offered by Rev. Mr. Curry, ternliner and general jail delivery, in a as follows: court of common pleas, orphans' court, Almighty Father, once more we come registers' court and a court of quarter sesinto Thy presence for the purpose of trans- sions of the peace for each county, in jusacting business pertaining to the interests tices of the peace, and in such other courts of this Commonwealth. As we enter up- as the Legislature may from time to time on the duties of another week, we earn- establish. estly pray Thee, this Monlday morning, SUPREMAE COURT. to be with us in our deliberations. The Supreme Court shall consist of seven Bie in our thoughts; be in our acts. May judges, one of w hom shall be chief justice, everything we do or say be done and said and they shall, by virtue of their offices, be with a eye singlory, and for justices of oyer and terminer and general the interest of those ~whom ~we represent. jail delivery in the several counties. Four WVe pray Thee to forgive us all wherein of the judges shall constitute a quorum, we have sinned in the past; wherein we ave have sinned in aythe paspt; wherein we and the concurrence of four be necessary to have erred in any respect; wherein we a decision. They shall be elected for a term have violated Thy holy law; and do Thou of fifteen years, and shall be ineligible for grant to prepare each one of us to enjoy re-election. the promised light that nowis, and that whic iThe jurisdiction of the Supreme Court which is to come. shall extend over the State; the original We ask Thy especial blessing to be with jurisdictio of the Supreme Court shall us as a Convention. Guide us by Thy un- embrace all cases relating to the revenue, erring counsel through all coming time, in which the Commonwealth is a party, and in Eternity receive each and every mandamus, quo warranto, as to all officers one of us, for the sake of Jesus Christ ou whose jurisdiction eends throughout Lord. Amen. whose jurisdiction extends throughout the State, and habeas corpus; the appelJOURNAL. late jurisdiction by appeal, certiorari or writ of error in all the cases following, viz: The Journal of Saturday's proceedings was read and approved. 1. From the circuit courts, courts of oyer and terminer and general jail delivery, LEAVE OF ABSENCE. and courts of quarter sessions of the Mr. BIDDLE. Mr. President: If it be peace. in order, I would move that George M. 2. From the court of common pleas, olDallas have leave of absence for a few phans' court, or registers' court, where days, in consequence of affliction in his the matter in controversy shall exceed one family. thousand dollars in value. Leave was granted. 3. All cases which involve the constitutionality of any law of this State or of the JUDICIARY. United States. Mr. CLARK offered the following, which 4. All cases from the circuit court, in its was referred to the Committee on the Ju- appellate jurisdiction, in which the judges diciary: of the said court shall not have been unanResolved, That the Committee on the imous in the judgment entered, or in Judiciary be instructed to inquire into the which two of the judges of the said genexpediency of adopting the following pro- eral circuit courts, before whom the cause visions, relative to the judiciary powers was heard, may allow a writ of error to of the Commonwealth. remove the same into the Supreme Court, 376 DEBATES OF THE and if such allowance be made, a writ of to serve for the term of fifteen years. At error may issue out of the Supreme Court the general election in the year one thouto the said circuit courts, and may be pro- sand eight hundred and eighty-four, and ceeded in as other cases. every fifteen years thereafter, two perFor the election of the Supreme judges sons shall be elected to the said office by the the State shall be divided into three dis- qualified voters of the Western district, tricts, of as nearly equal population as each voter voting for one only, to serve a practicable, to be known as the Eastern, like ternm of fifteen years. At the genMiddle and Western districts, and, until eral election in the year one thousand otherwise provided by law, the districts eight hundred and eighty-seven, and every shall be as follows: fifteen years thereafter, two persons shall Eastern district to consist of the coun- be elected to the said office by the qualities of Chester, Delaware, Philadelphia, fled voters of the Middle district, each Montgomery, Berks, Bucks, Lehigh, voter voting for one only, to serve for a Northampton, Carbon, Monroe, Pike, term of fifteen years. Wayne, Susquehanna, Wyoming and Lu- The judge oldest in commission shall be zerne. the chief justice, and in the event of coinMiddle district to consist of the counties missions bearing even date, the right shall of Lancaster, York, Adams, Franklin, be determined by lot. All vacancies in Fulton, Huntingdon, Mifflin, Juniata, the.office of the judges of the Supreme Perry, Cumberland, Dauphin, Lebanon, Court, occurring by death, resignation or Schuylkill, Northumberland, Snyder, otherwise, shall be filled for the unexUnion, Centre, Clinton, Lycoming, Mon- pired term by appointment of the rermaintour, Columbia, Sullivan, Bradford, Tio- ing judges of the said court, and the perga, Potter, Cameron, Blair and Bedford. son so appointed shall be chosen from the Western district to consist of the coun- class of voters who voted for, and from the ties of Somerset, Fayette, Greene, Wash- district represented by the person whose ington, Allegheny, Westmoreland, Cam- office has become vacant. bria, Indiana, Armstrong, Butler, Beaver, No person shall be eligible to the office Lawrence, Mercer, Venango, Clarion, of judge of the Supreme Court unless he be Jefferson, Clearfield, Elk, Forest, Craw- at least thirty-five years of age, and a citiford, Erie, Warren and M'Kean. zen of the United States, and has resided The several judges of the Supreme in and been in regular practice in the Court, in commission at the time of the courts of this State for ten years. The adoption of this amended Constitution, judges shall be commissioned bythe Govshall hold their offices under their said ernor, and shall reside in the district in commissions during the terms for which which they are elected. they were elected, respectively. At the next general election after the adoption crncurT COURTS. of this amended Constitution, and every The Legislature shall, at its first session fifteen years thereafter, one person shall after this amended Constitution shall be be elected to the office of Supreme judge adopted, create the several counties of by the qualified voters of the State at this Commonwealth into ten judicial cirlarge. cults, each circuit to consist of contiguous At the same general election one per- and compact territory, and to be as nearly son shall be elected to the said office, by equal in population as may be practicathe qualified votersof the Middle district, ble, and the said several circuits shall be to serve for a term of fourteen years only, numbered, beginning in the eastern porand one person to the same office by the tion of the State, and the first, second, qualified voters of the Eastern district, to third, fourth and fifth circuits shall conserve for nine years only. At the general stitute the Eastern general circuit; and electionintheyearonethousandeighthun- the sixth, seventh, eighth, ninth and dred and seventy-eight,one person shall be tenth circuits shall constitute the Wrestern elected to the said office by the qualified general circuit. voters of the Western district. to serve for At the next general election after the sixyears only. At the general election in Legislature shall have created the said the year one thousand eight hundred and judicial circuits, and every twelve years eighty-two,and every fifteen years thereaf- thereafter, five judges shall be elected in ter, two persons shall be elected to the said each of the said general circuits, by the office, by the qualified voters of said East- qualified voters thereof, each voter voting ern district, each voterlvoting for one only, for three only, and the judges so chosen CONSTITUTIONAL CONVENTION. 377 shall be commissioned by the Governor, sess and exercise until otherwise provided and shall serve for a term of twelve years, by law. if they shall so long behave themselves well, anthey shall r ecei have suc h salary as may The Legislature shall, at its first session well, and shall receive such salary as may after the adoption of this amended Con*be provided by law..stitution, divide the State into judicial The judges of each general circuit, when districts, and every county having a popsitting in bane, shall have and exercise ulation of twenty-five thousand and upappellate jurisdiction within said general wards shall be a separate judicial district. circuit in all civil cases, which cannot be No county shall constitute more than one carried by direct appeal, certiorari or writ district, nor shall more than two counties of error to the Supreme Court, and like be embraced in any one district. Each jurisdiction in such criminal cases as may judicial district so constituted shall have be conferred by law, and the judgment of one law judge, and no more, for every said court upon appeal, certiorari or writ twenty-five thousand of population, to be of error shall be conclusive as a court of ascertained from the last federal census; last resort, unless removed to the Su- but districts of more than one county may preme Court under the several provisions be created, having less than twenty-five hereinbefore mentioned. Three of the thousand, in which case such districts said judges shall constitute a quorum, shall be entitled to one law judge. and the concurrence of three be necessary to a decision. At the next general election after the Legislature shall have created the said The Legislature shall,at its first session districts, and every ten years thereafter, after the adoption hereof, by appropriate judges of the courts of common pleas, orlegislation, create such sub-districts as phans' court, registers' courts, courts of esig oyer and terminer and general jail denate the terms of said courts, and the livery and courts of quarter sessions of times and places where they shall be held th All vacancies by deaththe peace, shall be elected by the qualition or otherwise in the said office shall fled voters of the said district, respectively, in such numbers as the said district be supplied as provided in case of a va- shallbe entitled as aforesaid Provided shall be entitled, as aforesaid: Pirovided cancy in the Supreme Court. nevertheless, That the judges o the said For the purpose of original jurisdiction several courts, in commission at the time the said judges shall be assigned, under of the adopting of this amended Constisuch regulations as the Legislature may tution, shall hold their said offices, under provide, each to his proper circuit, and their said commissions, during the terms such terms of the circuit court of original for which they were elected, respectively, jurisdiction shall be held throughout the if they so long behave themselves well, several counties composing the circuit, by in the new districts so created, in which the proper judge thereof, as the Legisla- they actually reside, respectively: And ture shall provide; and the said circuit provided further, That in the election of courtsshall have original jurisdictionof all the said judges in districts where two or civil cases at law or in equity, in which more judges are to be chosen, at the the subject matter in controversy exceeds same election, the vote shall be restricted the value of five hundred dollars. The as follows: Where judges to the number Legislature may also provide for the re- of two are to be elected, each voter shall moval of causes from the court of corn- vote for one only; where judges to the mon pleas to the circuit courts, under number of three or four are to be elected, such rules and in such manner as may be each voter shall vote for two only; where deemed expedient, and shall provide such judges to the number of five or six are to other enactments as shall carry into effect be chosen, each voter shall vote for three the provisions herein contained relative only, and in the same ratio for any numto the circuit courts. ber to which any district shall be entitled. And the said judges shallbe commissioned by the Governor, and hold their The courts of common pleas, orphans' office for a term of ten years. When any courts, registers' courts, courts of oyer vacancy shall occur in the said office by and terniiner and general jail delivery, death, resignation or otherwise, the Govand courts of quarter sessions of the peace, ernor shall appoint some suitable person, shall possess the same powers, and exer- to serve for the unexpired term, and such cise the same jurisdiction as they now pos- appointment shall be made from the class 378 DEBATES OF THE of voters who voted for the person whose The CLERK read as follows: office has thus become vacant. Resolved, That hereafter the daily sessions of this Convention shall be from twelve until three o'clock. Mr. DARLINGTON offered a memorial IUpon the question of proceeding to a from Birmingham monthly meeting of socond reading of the resolution, a divithe Society of Friends, asking that they sionwascalled whichresulted: Affirmamay be excused from military service. may be excused from military service. tive, thirty-four; negative, thirty-one. The memorial was referred to the Com- So the resolution was again read. So the resolution was again read. Mr.CUYLER. Mr.President: Iaskleave DEATH PENALTY. to say a single word in support of this resoMr. DARLINGTON also presented a: peti- lution. I belong to one of the hardest tion fronl the same meeting, asking for working committees of this Conventionthe extinction of the death penalty, which the Committee on the Judiciary. Our was referred to the Committee on Legisla- customary hour of meeting is ten o'clock tion. in the morning. Our labor is great PROHIBITION=. and it is faithfully performed. I believe Mlr. DARLINGTON also presented a peti- we will progress far more rapidly if option frimrn the same meeting, asking for portunity is afforded for the committees the enactment of a law preventing the to meet and prepare the business, and manufacture and sale of intoxicating li- that a session of three hours each day for quors, which was referred to the Commit- the Convention itself is abundant for all tee on L~egislation. the business which has come before it. It is, therefore, in the interest of coniSEVENTH DAY OF THE WEEK. mittees, and with a view of expediting Mr. RUSSELL offered the following reso- business in the Convention, that I present lution, which was read and referred to the this resolution. If the Convention meets Committee on Declaration of Rights: at two o'clock the committees will have Resolved, That the Committee on Decla- no time for the proper discharge of their ration of Rights be requested to inquire duties. into the propriety of inserting a clause in Mr. STANTON. Mr. President: I agree, the Decration of Rights by which those in part, with my colleague, (Mr. Cuyler,) citizens of the Commonwealth who con- but at the present time the committees scientiously believe that the seventh day have not yet reported a sufficient amount of the week is the true Sabbath, and ob- of work to the Convention to occupy their serve it as such, shall be relieved from the time for three hours. Our sessions have penalty imposed by the act of the twenty- been from twelve o'clock to two, and we seventh of April, 1794. have discussed one hour and a half every QUORUTM OF CO1MMITTEES. day as to when we shall adjourn, so that Mr. HARRY WHITE. Mr. President: we have absolutely worked but one-half On Saturday I had the honor of introduc- all hour each day. Therefore I move to ing a resolution in relation to the quorum strike out "three" and insert "two," unof comnlittees. It was in the nature of a til the Convention has more work before rule, and had to lie over one day. I move it. Then I will be willing to meet at twelve the Convention now proceed to consider and continue in session until six. that resolution. I agree with what the gentleman has The PRESIDENT. The resolution will said, with regard to committees. Iwas to be read for information, have met a committee this morning at The CLERK read as follovws: half-past nine. The committee did not Resolved, That in standing committees Imeet at all. We were not able to do anycolmposed of fifteen wmemlbers, seven mem- thing, and it is impossible to do any work bers thereof shall constitute a quorum to in coniittee before ten o'clock. I hope do business. the gentleman will accept my modificaThe question being, shall the Conven- tion, so as to meet at twelve and adjourn tion proceed to a second reading of the at tMo. resolution, it was not agreed to. Mr. CUYLER. Mr. President: I would be most happy to accept the modification SESSIONS OF CONVENTION. of the gentleman from Philadelphia, (Mr. Mr. CUYLER. Mr. President: Iaskleave, Stanton,) but it must be manifest to him at this time, to submit a resolution relat- that our debates might well occupy all the ing to the sessions of this body. time until three o'clock. We have spent CONSTITUTIONAL CONVENTION. 379 a number of days upon the question of eleven to twelve, or from ten to twelve, the sessions of the Legislature, and we and we should leave the afternoon meetare yet far from a conclusion, and we can ings open to those other committees. spend three hours profitably in Conven- As it is now, Mr. President, when a gention and two hours in committees. If at tleman is on two committees or more he any time we desire to adjourn earlier we will have to give his whole twenty-four can do so by a special resolution, but, as hours to the business of this Convention, a general rule, I think we should sit from that is to say, he will have to leave his twelve to three. home at an early hour in the morning in Mr. D. N. WHITE. Mr. President: If order to get here at ten o'clock, and then the gentlemen will consider the question he will have to attend a committee meetthey will see that we have now before us ing in the afternoon, and a further conmmore work than this Convention can do if rnittee meeting in the evening. we sit five hours a day. The gentleman Those committee meetings which would from Philadelphia (Mr. Simpson) says occupy, say an hour if they take place in that we have no business before us. We the evening, take just enough of time out have one of the most extensive subjects of the evening to destroy the whole usenow under consideration that can come fulness of that evening; whereas, if that before us during the entire session, and if one hour were devoted to business in the we debate it for two weeks we will not morning before the sessionof the Convenhave arrived at a conclusion in reference tion commences, evening sessions of comthereto. We have before us the question mittees would beentirely doneawaywith. of how many memnbers shall constitute Mr. SIrPSON. Mr. President: I trust the House, and how frequently it shall the Convention will not repeal the resomeet. We have also the question of ap- lution it adopted last week, to commence portionment, and other important ques- the sessions at ten o'clock and adjourn at tions, which will excite a great dealof de- two. We have business before us that bate before us, and if we are only to re- will occupy us for some time-the subject main in session for two hours we shall be of the Legislature. We have had two here until next fall without doing any- days' sessions upon it, and have scarcely thing. It seems to me that the commit- made a movement in advance, and one tees that are meeting from time to time of the difficulties I see arising, out of the will have ample opportunity to arrange fact that the sessions are but two hours their several sections by the time the Con- per day, is that each day when the same vention is through with the pending de- question comes up before us the argubate upon the Legislature. ments of the preceeding day have, in a Mr. NEWLIN. Mr. President: Permit measure, to be gone over again. me to say that, as I understand the reso- There are committee rooms enough for lution offered by my colleague, (Mr. Cuy- the committees to meet in the afternoon. ler,) that the proposition is to meet at Four hours of Convention work, comtwelve o'clock and sit until three. It is mencing at ten o'clock and adjourning at therefore not open to the objection just two, will allow the gentlemen from Philstated by the gentleman from Alleglheny, adelphiato go to their offices and meet their (Mr. D. N. White,) that we will only sit clients in the morning before ten o'clock, two hours a day. There isapracticaldiffl- and meet here at ten. The gentlemen culty in meeting at ten o'clock in the from the country, who board in the city, morning. As we all know, we have will have time to get their breakfasts and twenty-seven committees; some of those come down at a reasonable hour, and committees have their meeting in the af- at two o'clock go to their dinners, and ternoon at a reasonably early hour. Some meet their committees in the afternoon. ofthose committees are composed of fif I am convinced that four hours a day teen members, and four, or five, or six, will expedite business twice as much as are upon two committees, each of which three hours a day, and therefore shall vote has been in the habit of meeting in the af- against any amendment of the present ternoon. Others are upon committees order. that have been meeting at ten o'clock in Mr. M'ALLISTER. Mr. President: I was the morning. There are some commit- opposed to the change from twelve o'clock. tees of this body that meet and very It seemed to me that until the princireadily transact all their business in one pal committees had reported it would hour in the morning, being in session have been better to have allowed the rule from ten o'clock until eleven, or from to have remained as it was-fiom twelve 380 DEBATES OF THE till two-but the change was made, and daily reports as they are printed. Our the two committees, of which I am a room, being located in the same building mnember, each numbering fifteen, changed with the law institute, is visited by a their time of meeting, one of them to class of men who are interested in all meet at four o'clock in the afternoon, and such Convente, and who would be the other at seven and a-half o'clock in highly gratified to see the daily proceedthe evening. That can be done by any of ings of the Convention as the Convention the committees, yet I am satisfied, Mr. progresses. We will be glad to pay all President, that we are proposing to spend expenses connected with obtaining them, too much time in Convention, by meeting if they can be had. at ten o'clock, and sitting in Convention Very respectfully and truly yours, until three. Thatis objectionable in this: R. B. WICKERSHAM. That it deprives a large portion of mem- Secretary. bers from the country, who are accus- The communication was laid upon the tormed to have their breakfast at about table. seven or eight, of getting dinner until Mr. NEWLIN. Mr. President: If it is four or five. That fact, in itself, is ob- in order, I would move that the State jectionable, and I think has been the Printer be directed to furnish the library principal cause of opposition to changing with a copy of the proceedings of this Conthe afternoon hour, and keeping us in vention, in sheets, as they are printed. Convention beyond two o'clock. Mr. HAY. Mr. President: I desire to I move so to amend the pending resolu- call the attention of the gentleman, and tion, so that we shall meet at eleven of the Convention, to the fact that a resoo'clock and adjourn attwo o'clock. This lution of that kind was passed about a will give us three hours session, and will week ago, and the Clerk directed to send allow the committees to meet in the a copy to the Chicago library. morning and also in the afternoon, and if Mr. NEWLIN. Then I withdraw my any of them choose to meet in the eve- motion. ning they can do so, dispensing with the THE LEGISLATURE. morning hour. If it be in order, I then The Convention, as in committee of the offer this amendment: "Meet at eleven whole, (Mr. Chas. A. Black in the chair,) o'clock A. M. and adjourn at two o'clock proceeded to the further consideration of P. M." the report of the Committee on LegislaUpon this amendment a division was ture. ordered, and being taken resulted: Affir- The committee then resumed the conmative, fifty-three; negative, twenty-four. sideration of the report of the Committee So the amendment was agreed to. on Legislature. The question recurring upon the resolu- Mr. HARRY WHITE. Mr. Chairman: tion of Mr. Cuyler, as amended, a divi- I believe I have the floor, but I see the sion was ordered, which, being taken, re- gentleman from Monongahela City (Mr. sulted: Affirmative, fifty-five; negative, Hazzard) addressing the Chair. I yield, eighteen. So the resolution, as amended, therefore, to him. was agreed to. Mr. HAZZARD. Mr. Chairlnan: The CHICAGO PUBLIC LIBRARY. question which has thus far been disThe PRESIDENT. The Chair has re- cussed in the course of this debate, the The PRESIDENT. The Chair has received a communication firom the C~hi- cquestion of biennial sessions, does not naturally arise upon this question of elecc i h read. tion. Yet it seems to be persisted in that The CLERTK read as follows: the debate shall go in that direction. I ant very much in favor of biennial sesCHICAGO PUBLIC LIBRARY, } sions, and if that question is involved in CHEICAGO, Jan. 24, 1873. HIAGO, Jan 2 187 that under consideration, 1 wish to say To the President of the Constitutional Con- a few words in support of my preference. vention of Pennsylvania: In the first place we have been told that SIR:-I have had some correspondence the election should not be removed from with the Chief Clerk of your Convention the people who have been in frequent exrespecting a copy of the proceedings of the ercise of this right. I do say it was beConvention, including debates, &c., when cause if we vote for a member of the Legthey are printed and bound, which I islature once a year, we express all the hope may result in our obtaining a copy. preference we can express, even if we exNow I desire to obtain, for present use, the ercise the manipulation of the vote twice. CONSTITUTIONAL CONVENTION. 3S1 But again, if tradition be true, and a per- eral laws to be passed at a session. Will son has more liberty in proportion to the there, Mr. Chairman? Or will some of number of times he votes, then I am very the members here teach me how many much afraid that some gentlemen of this general laws will have to be passed dur_ city and of other large cities come to be ing the first or second year after the adopvery patriotic because they exercise the tion of this Constitution. Perhaps not over right to vote some two or three times a a dozen or two dozen, and that work will day, I am told. But it cannot be that the not be greater than we are about here oftener we exercise this franchise the in this Convention at this time. It will more liberty we may have, so that I don't not take more deliberation, it will not see very much in that argument. But take more time to pass the general laws there is an argument which has weight that may be necessary for the use of the with the most of those who live in the great Commonwealth of Pennsylvania country, and earn their living by small than it will for our deliberations, if we means, and that is the economy of the properly digest and properly pass this thing. I do not know, I shall speak somne- Constitution with the provisions that we what at random if I say so, but I believe expect to put in it. that there is a saving of half a million I have been told b a former member of dollars in this thing. Wre shall save some the Legislature that I am not correct in one hundred thousand dollars in the pay this view; that if this section goes through of nlennbersandattachees about the capite will not afford the Legislature time tol. We propose to pay them twelve sufficient to perform the nesessary legishundred dollars a year; now we pay lation for the omonealth Then let lation for the (,Commonwealth. Then let them one thousand dollars; so that we sit nine onths in the year they are themn sit nine lnonths in the year they are save, in the salary alone, some ten thouto assemble, if need be, or let thein even sand dollars. Then we save in printing extend the session beyond that period. extend the session beyond that period. some sixty thousand and odd dollars. After this Constitution is adopted let them We save in pasters and folders, and pages, meet and go on until they consunimnate and the other attachees about the Capitol, such general laws as may be requisite for such general laws as may be requisite for and I don't know how much more besides, the general benefit of the State. W hat is in the cost of holding elections all over to hinder them from continuing their sesthe country. the countleman fromPhiladelphiry. aMrsion until they accomplish their work? The gentleman from Philadelphia (Mr. w We give them one thousand two hundred Simpson) told us the other day how much a year to perform the necessary legislation, it cost to hold elections in the city of Phila- and if the exigencies and necessities of delphia. It was enormous-ta great destl the case demand that they shall have a moe thanitisinthecountrya; but it costs longer session let them extend it until the country a very large amount. I have they get theirwork done. not the data here so that I can mention before this Convention the exact figures But again, Mr. Chairman: Biennial sesof this cost, but it is considerable, and sions will, in a measure, dispense with the there is no necessity for it. Now in the services of distinguished patriotic individarticle of saving ill the members' pay, the uals who assemble, they tell me, in the saving of printing, the saving in the pay- lobby. I have not had the honor to repment of attachees, and in the holding of resent this State in the Legislature, but I elections, we will accomplish an aggregate am told that there is what is called the saving of perhaps half a million of dollars. third house. Now ifthisproposed change We are told that this is a small matter. takes place, the immaculate service of Well, I don't know how matters may be these individuals will no doubt be disestimated in this Convention, but we in pensed with, and they will be like the the country, who are accustomed to fru- country bricklayers, eating up in the wingality, would consider it a considerable ter what they earn in the sumnmer. It amount. So that, upon the score of econ- may be that these persons will have no omy, it seems to me that we need not elect location at Harrisb-urg, and that may the Legislature but once in every two turn their great talents into some other years. The exigencies of the case will channel, and they will leave the Legislanot require them more frequent election, ture free to give all their attention to their and the truth of the business is that if we legitimate duties, for these general laws take from the Legislature the passing of which they are to pass must be drawn up these enormous amounts of special legis- with great care. Great pains must be talation there will not be over a dozen gen- ken in their preparation-more, perhaps, 382 DEBATES OF TILE than we take when we put these articles that the next Legislature afterward electin the Constitntion. ed cannot be properly instructed on that For one, I was glad when we, the other subject. day, referred the verbal corrections to be You know, Mr. Chairman, that the peemade in the section then under considera- ple in the country are accustomed to abide tion to the whole committee, rather than by the old laws. We do not like innovathat it should go to one of the standing tions. Our old road law used to be so committees, for much would have been framed that our farmers could do downto overlooked by the smaller committee that the road and stay there vehemently leancould not escape the attention of the ing upon the handles of their shovels, and whole House. The meaning of the dif- try, in what possible way, they could do ferent sections of this Constitution would the least to work out the taxes, and wait,, not be clearly and unmistakably ex- perhaps, for a little boy to come down the plained, but much of it would be left to street with a jug of cold water that the the courts to understand and interpret. men could retire behind a neighboring Although the old Constitution of 1838 was fence corner and recuperate the energies drawn with a great deal of attention to they had expended in leaning upon their its verbal construction and correctness, hoes. A law was passed that this tax yet the Supreme Court, up to within the should be paid in cash, and I tell you that last two or three years, has been occupied our old farmers looked with much surnearly all the time in telling us what they prise and indignation at the publican meant to say in that Constitution. You coming along to ask for his money. Why, recollect that with regard to elections it was an outrage upon them; and they said the Constitution declared that a person "shall we pay cash for what we might must live ten days immediately preced- work out upon the roads?" But after a ing the election in the district where he while, when a gentleman would hitch up offers to vote, and a law was passed by his horse to his carriage on Sunday mornthe Pennsylvania Legislature-and I have ing and go down to the country church often wondered why it was so-that a man upon a road nlade on the cash principle, might move out of his district, live ten he began to grow conservative. He found days in another district, and then go out that perhaps the cash system was a back into his old district to vote, and great deal better than the lazy system, this had to be corrected in the Supreme and the improvement carried with it its Court. Hence, the necessity is apparent own argument. When the farmer loaded that the legislative enactments to carry his Conestoga wagon With grist and went into effect this Constitution be carefully to mill over a firm and solid road-bed, and maturely framed. made by cash, he learned to appreciate Again, it seems to me to be necessary the system that gave him honest equivathat a longer period be allowed between lent, and he who at the first change was the sessions of the Legislature, in order ready to repeal the new law, when he that the people may have time to con- learned its advantages, was, by the time sider the result of the action of their law- the assembling of the Legislature was makers. The people desire to try and again reached, in no respect willing to go sift the laws that are to give expression back to his old slovenly way of making a and effect to the Constitution to be here road. prepared. The people desire to weigh So it ought to be' in the State with all these laws, to see whether theywere wise- our laws. There ought to be time for ly enacted and should remain on the these laws to be considered and appreciastatute books of the Commonwealth, or ted or discountenanced, and there is no whether they ought to be repealed. The reason that I have heard-and I beg parLegislature must pass the general laws don if this seems to be irreverent or not which are to regulate and control us, and respectful to those who have talked upon these laws must be wisely drawn to sub- this subject-but I cannot but think that serve all the varied interests of Pennsyl- there has been no reason given and no exsylvania. If the people have but one igency imagined that would demand yearyear to properly digest these laws, to ex- ly sessions. All these special laws are to perience their benefits or spy out all their be swept out of existence. We will so disadvantages and improprieties, if there frame and adjust our Constitution that is but one year given for this purpose, it not one-third of the legislation will be seems to me that there will not be time necessary that we have now without taksufficient afforded to test these acts, and ing into account the special legislation, CONSTITUTIONAL CONVENTION. 383 and what need can there then be for more regard to the administration of all our than biennial sessions? Then, too, it public affairs, and, if the subject seemed seems that there will be an end to the vo- to be large enough to make the allusion cation of these lobbyists, if there is any appropriate, I would say that I believe such thing. I donot know whether there the history of the world has proved that is any such thing or not. They tell us in all free governments the decline in pubthat they don't go there for any sinister lie virtue and public liberty has been comotives, and the members of the Legisla- incident with the increase of pubic exture say that they are all honorable men, penditure and lavish waste of public so it must be that it is so. But if so, their money. And now, sir, for that reason vocation will be gone. and many others, I am in favor of the But it is said that the varied interests of adoption of the plan of biennial sessions Pennsylvania require yearly elections. Is of the Legislature, and I am in favor of that borne out? Here is a railroad that restricting them to biennial sessions as wants to be constructed-let it be con- closely as it is proper that they should be structed under the general law, and if the restricted, and of leaving as few gaps and general railroad law is not sufficient, let openings as possible for the admission of us make it sufficient. Take the law of the evil of extra sessions. boroughs. I believe I could amend it in I am not in favor of the idea, which has some respects, and I believe that the Leg- been thrown out here by some, of biennial islature that will meet after the adoption elections and annual sessions. If the latof this Constitution will provide all that ter view is adopted, and we are to have is necessary, aided by the benefit of past annual sessions, then I go for annual elecexperience, showing what the people need tions, and I may say that I go for them in this borough and that borough all over very much on the principle stated by my the State, for years of successful opera- friend from Erie, (MIr. Walker,) who tion under its workings. The first Legis- spoke on Saturday, and 1 believe with lature that meets after this Constitution is him that the right course is to bring the ratified can put all the provisions into that representative in as close contact as posborough law that will be necessary for ten sible with the constituent. But I believe or fifteen years to come. And so with all also, sir, that the people of this State, at other laws, and why incur this expense? least throughout the interior, as far as I Is there not intelligence in Pennsylvania to am acquainted with them, are in favor of sopassthesegenerallawsthattheymaysuit the adoption of biennial sessions of the all these varied interests of the Common- Legislature; that they have had such exwealth-agricultural, manufacturing and perience with our Legislatures that the mining? Certainly it can be done, and approach of the annual session is viewed we can save the expense of this extra ses- with apprehension, an apprehension which sion, and we can give the laws a chance to has been growing and increasing, year by be tried to see whether they are proper or year, for fifteen years last, at least in the not. history of this State. ANNUAL SESSIONS UNTIL 1876. Now I have proposed an amendment Mr. COCITRAN. Mr. Chairman: I move here, not as a compromise, because the two to amend the amendment, as follows: propositions of annual and biennial sesBy inserting after the word "Iannual " sions cannot be compromised, but I prothe words, "until the year 1876, and every pose that annual elections shall be contwo years thereafter." tinued until the year 1876, and that thereMr. COCHR1AN. Mr. Chairman: I have after the elections shall take place at inlistened to this discussion with considera- tervals of two years, and my idea in makble interest. My own mind, from the first, ing that proposition is simply this: I has been fixed in favor of biennial ses- make it in this practical point of view, sions, and I shall not undertake to reca- that one, two, three, four of the first Legispitulate the arguments which sustain that latures which may meet after the adoption view. They have been presented here by of this Constitution will necessarily have several gentlemen. The gentleman from thrown upon them an unusual amount of lWashington (Mr. Hazzard) has touched work requisite to adapt the legislation to upon one this morning which has weight the principles and to the measures which in my mind and has had, and that is the shall be presented in the Constitution. subject of economy. I believe that one For that reason, in order to give them great trouble in our country is our rapid time to mature general laws, laws which growth in extravagance and waste, with will operate throughout the C lnmnon 384 DEBATES OF THE wealth with equality and with justice, fit- ment were intended to provide for annual ted and adapted to suit all the circum- sessions. Now it must be evident that if stances of the people, thesp Legislatures the elections are annual, the sessions should have an opportunity of meeting should be annual, otherwise a member annually. They should have an oppor- might be elected without any opportunity tunity, after a tentative experience of of serving. But it by no means follows the operation of an act of Assembly, that if the elections are biennial sessions which they may have passed one year, must be biennial, for a imember can hold to amend and conform it to suit the cir- his office for two years and sit at annual cumstances which another year may in- sessions of the Legislature. Therefore it dicate to be proper. They should have seems to me that it would have been betan opportunity to correct defects and er- ter to have let this question of annual sesrors, and to mature and perfect the mea- sions of the Legislature be postponed until sure which they originally presented for the fifth section is under consideration. the consideration of the people for the reg- But as it follows that if you agree that the ulation of the public affairs. Therefore it election shall be annual the sessions must is, sir, that, in this practical point of view, be annual, it really comes up before this I have proposed a temporary election an- committee now and must in some way be nually for four years until the year 1876, met. when all institutions of our government I do not desire to trespass upon the shall have had a century existence, andto time of the Convention at all, but it commence a new century with the new seems to me that most of the evils which plan of electing legislators biennially. have been referred to by the several genI am not one of those, sir-having been tlemen who have addressed the I-ouse brought up in the same school as the gen- are the effect rather than the cause of tleman from Erie, (Mr. Walker,) his po- our troubles, and that the root of the diffilitical life and my own having been coin- culty, which we now want to cure, lies cident, except that I was not old enough deeper than anything which has been adto vote, and if I had been I would not have verted to heretofore. The great evil in gone with him in voting for Andrew this Commonwealth is, first, that w e are Jackson, for I was an Adams boy-but I governed too much; and, second, that a have been brought up in that conservative vast number of our young men are school which does not think that change trained up with no other occupation or for the sake of change is an improvement, profession in life than that of a profesand brought up also in that conservative sional politician. The day is past in this school which believes that change, when Commonwealth, I regret to say, when accompanied by improvement, is right young men, who had not the means to and proper. For that reason, believing support themselves, were wont to learn that the public sentiment would be some trade. The trade unions, which obeyed, believing that biennial sessions of have flourished in this Commonwealth, of the Legislature after the machinery have really made it almost impossible shall have been gotten into perfect work- that a young man born in this State can ing order, will meet all the wants and re- learn a trade, for I understand that they quirements of the business needs of this will not permit their employers to have Commonwealth, believing, further, that it more than a limited number of apprentiis a measure of sound and judicious econo- ces. The consequence is, that the young Imy in regard to the consideration of dol- men of this country grow up without lars and cents-which is a matter that I learning any occupation, and are taught think ought not to be overlooked-I have to consider that while it is undignified to offered this amendment, believing that it labor for the support of themselves and will meet all~these requirements, and hop- their families in any honest occupation, it ing it will Ineet the approbation of the is perfectly dignified to enter into a shop, committee, and will be adopted as a turn out a woman from behind the counmodification of the other propositions. ter and take her place. It therefore folMr. GOWEN. Mr. Chairman: It seems lows that the American youth, who are to me that the debate has taken a much brought up without any occupation and wider range than is justified by the text without any trade, have nothing to do of the section under consideration. The ob- except either to go into a store, enter the ject of that section was simply to provide service of a railroader other corporation, that elections should be held biennially, or become professional politicians, which a and it has been argued as if the amend- great many of them do. The opportunity CONSTITUTIONAL CONVENTION. 385 heretofore has been offered every year to in session for a greater length of time, it each one of these gentlemen to be elected would be better to let the election rcemail to some position. as it is in this section, and to increase the I understand that the great argumrent in pay of the members who serve for the favor of increasing the presidential term first two years, which would accomplish to six years is that thereby instead of hay- the same object, and relieve us from the ing one election every four years we have frequency of elections. If the gentlemen one every six years. NIvowlet me suppose; first elected to the Legislature have to sit for one moment, that instead of havi ng one nine or ten months, in order to pLass the election in this Commonwealth every year general laws which they will be required we had one every six years, what would to do, their compensation might be inbecome of the trade of the professed poli- creased sufiicient to pay them for their tician atnd office seeker? He might wait extra services without incurring the cost, for the first election and then try to secure and turmoil, and trouble of an annual some office. If he failed in doing so, and election. the future showed no chance for him, dur- Mr. HARnY ITHITE,. MA/r. Chairman: I ing the succeeding six years the proba- donit want to intrude myself upon the bilities are that he would retire from Po- attention of this Conventionl, nor do I delitical life and accept some honest em- sire to do so at any extended length of ploynment. And, I venture to say, that hav- time. A.t the instance of onle or teo friends iangonceenjo eyed thesense ofindependence about me knowing the emlployilent to which resultsi foml earning his breadw ith- solme extent of mny life, for the la'ut few out being under any obligaitions to the years, I adcd a word to what has been public, he would not be in the ranks of said, in behalf of the proposition as it office seekers at the succeedling election. enanates from the committee. I thllan WVe will accomplish the greatest possi- the gentleman who has just toaken his ble reform if we can brinl abolt a state of seat for getting out of the common ort of things whereby the ofliee shall seek the argu.ment upon this stubject. I say this; man, and not theman the office. It seels it-h all leferencie to those gentlenelit to me, therefore, that one of these re- who lhave precleded himr upon thte "mue, forms will be brought about by removling side of the q.luestion. But, J.r, C lairnlat, from this very class of people the fre- it occurs to mine that theree is a pbhiilosoph,quent opportunity of being electedcto an in this matter, iwhich is a()o7ve the mteo office. -Now we have an election every clap-trap whicha we hear froml titmae to year. If we have one every two years it time, the abuse utteredl agahist the decreases the opportunities offered to this members of the Legislaturoe of IPennsylclass of peo-ple one-half. lMany a man vania. -will wsait in hope for one year, who -would There is a fLndamnental questiol) n retire in despair if the tile were lengthen- sta}ke. There must be somi fundan-nlmo s tandt by her orig- by adjournmnenis, and really hold three inal land itr k, wRvi oall he- histo0ri.al asor four sessions during the two years. A sociations abont ire hathl-e- thanl make great deal can be said in favor of annual changes and ineorporate soeimin g reCal1,1ms sessions and a great deal against it; but I merely because such chanl)ges, arI-e found ina apprehend that much more can be Said the Constituteions cf czr lnoighormnoill in favor of annual sessions than can be States.,. Only those cha ange. asre required said in favor of annual elections. Now, byv t-4e peop,1%, and' only tlhose cllh'0nes withl reference to the amendment of the sho-uld be madce,vwhic te ethe xperlicoce of gentleman fron York, (Mr. Cochlran,) I the p —st fet yea rs h.h-anol:cc-d to be think that instead of amending this see.- actually necesstry. tiol, in order to give to the first or second The distinguilshed:geentemall from Erie, Legislature the opportunity of continuing (Mr, r, W'all:ir) e;nd t otler gent lemel llupoD 25 386 DEBATES OF THE the other side, have gone upon the as- distinguished friiend of mine, a colleague sumption that it is dangerous to have in the Senate, not imany years ago, paid a biennial sessions of the Legislature, be- visit to the sister Comninonwealth of Concause in this government of the people, the necticut. He'made bold to call upon the people, through their representatives, party in charge of the rooms of the Legismust be annually heard. ~When the dis- lative hall, and asked the privilege of an. tinguished gentleman, and others who entrance there, premising his request have advocated the same doctrine, at- with the remarnk: "I am a menmber of tended the councils at Harrisburg tim.es the Pennsylvania Legislature, and I ask were different. I am not one of those the courtesy of the privilege of inspecting who believe that humlan nature has dete- your hall,"'Ihe party looked at hinl, as riorated; that human nature has degen- he told mue, with some degree of concern erated. and distrust, remarking at the same time: I think we have as much virtue now as 1" Sir, in Connecticut the reputation of a we had in those days when the venerable member of the Pennsylvania Legislature gentleman represented his constituency in. is not very high-," apprehensiv e, possibly, the councils of the State. But, sir, the prac- that tbhe presence of this honorable repretices and the habits of legislators have en- sentative of the people of Pennsylvania tirely changed. In those days we were mightbe dangerous tothe security of some but in the infancy of the republic. The of the personal property in the building. people were jealous of the one man These things pass for popular jokes. They power. Contests were had in popular are not respectable, they are not encourassemblies over the exercise of the veto aging to the people in increasing their power. Every student of American his- confidence in the law-making power. tory -re-calls the interesting contest in the Then, sir, we want to inaugurate in this Senate of his country, and in the Consti- Convention an entire reform; to probe to tutional conventional conventions of this the root of this matter as far as possible, State over the proper and the improper making it impossible that the employexercise of the veto power. A large and 1mient of the legislator shall be used as a popular party of the country denied the means of sustenance and support. propriety of clothing any Executive with The gentlenman who is announced as a the veto power. Times have changed, candidate for the Legislature in his loanid, singular to say, we read in the papers cality is earnestly supported by some ac-. of the day, and we hear fromn the lips of tive politician, who has in view, not a great flippant talkers that the ultimate reliance popular refolrn, but the prospect of an easy of the people is in the exercise of the veto position in iHFarrisburg, as a imeans of accupower. People have lost confidence in mulating a little addition to his personal their representatives. You seat yourself estate, It has been well said that the at your breakfast table and pick up the American people are crazy after oftice. morning paper, and you discover, possi- An honorable enterprise, recuiring the bly, notice of the introduction of some exercise of mnuscle and intelligence, and a bill ywhslich vitally affects some locality of little capital, is offered to a citizen; he this State or elsewhere. The appeal is will disdain all in that line when an opinstantly mnade to the Executive to inter- portunity of;500, as a paster and folder in pose the veto powuer and save them from HIarrisburg, is held out to him. IWhy, a ruthless wrong. 3,r. Chairman, it so happens, wrhen the MIr. Chairman all these results have Legislature annually meets, the political an instructive lesson to this Conven- caucus is held andc after it is organized the tion0.. ry fielend the gentleman from most popular position that any inemiber Philadelphia, ( Cir. Gowen,) has spoken can have is thlle chairman of a comn ittee. correctly wlhel he remnarks that we want It is an evidence that he occupies a posisuch changes.niade in our organic law as tion of influence, and will be eJnabled -ill cause the enlploymenit of the mnere thereby to accomlnodate some fri.endly politician to hbe no longerprofitabie. The constituent, who has been active in his freqluency of elections invites imen to en- behalf, by helping him to the position of ter into the avocation of politicians. The assistant dCoor-keeper or assistant settime wNas, w hen- it was a 1 audable ambiki- geant-at-arms. tion -for a boy to look forward to to te daiy NIr. Chainlaani, the less frequent imeewhen h is advent into public life would ing of the Legislature mwili, in this re-,bte sionalized by anl election to tihe Leg'is- spect, in imy lmid, effect a radical chian'giie.!avoture. Tilhose uthies have oone by. A The lhead of the family —the ward pce iti CONSTITUTIONAL CONVENTION. 387 clan —will cease to find the employment necessary to enact at the first meeting he is now engaged in profitable to him, after the adoption of this Constitution. and will turn his own industry to some mWe have no public -works in Pennsylvaaccount and be of some service to the nia. The Statesto which I have made State. reference have public works. Their pubI do not wish to add anything to what lic officers are connected with the managehas been said as to the necessity of the ment of their public works. enactments which will be required as the Pennsylvania has long since divorced consequence of these prohibitions upon herself from her Portage railroad, from legislation, which we hope to present to her system of canals. In this plain old this Convention from the Commaittee on State we trust to private enterprise as a Legislation. legitimate and proper means of developI do not hope, however, that the State ing our resources. The argument of the will be relieved from all iniquitous legis- variety of our interests, the argument of lation when the opportunity for the pas- the versatility of our soil, and of the hab_ sage of special laws will have ceased to its or interests of our people, does not, to exist, when we shall have placed in the my mind, make against the argument in Constitution those wholesome restraints favor of virtue and the substantial reform against special and local privileges which which will be effected by mnaking our the people of the Commnonwealth seem to elections less frequent, and the opportlucry aloud against. nity for the dispensation of patronage less Greater iniquities have been perpetra- frequent also. ted upon the Commonwealth by the pas- Mr. Chairman, I have nothing to add sat.e of general laws to effect special pur- to what has been said by the honorable poses than were ever effected by the pas- gentleman froml Columbia, (Mr. Buckasage of a mere special law. It was but lew,) whom I have alwvays been glad to last week, sir, that my attention was esteem as my friend, in his utterances in called to a general lawv-a supplement to behalf of the two years term. If you dea law known as the act of 1836, giving the cide in favor of annual elections it will orphans' court jurisdiction of particular be proper for you to consider the promatters —which was, in its practical effect, priety of extending the term of the memintended to overrule a solemn decree of bers to represent you to two years. the court of last resort in this State-all I will not grow tedious by repeating the done under the specious guise of legisla- arguments which have been uttered by tion for the benefit of the people at large. hinmself and other gentlemen in favor of Make the restrictions which are conterm- giving some character of independence, or plated to be placed by this Convention in some character of dignity to the office of the Constitution as stringent as you representative of the people in the more please, opportunity for injustice, opportu- popular branch of the Asselmbly. The nity for imposition, opportunity for dis- two questions are inseperably interwoven. criminating legislation, will still be pre- It mlay be said that this discussion is presented to the people. mature, but if you are in favor of jienThese considerations, discussively ut- nial elections you must be in favor of the tered here, are uttered in behalf of less clause as reported fiom the colnmittee. frequent sessions of the Legislature. If you are not in favor of biennial elecSome people answer them by saying we tions it is improper for you to eonsidea are a great State. Illinois may have the propriety of extending their term to them, Ohio may have them, Indiana may two years. have them, seventeen of the States of the I do not desire to extend further ny: Union may have them, but they have not observations upon this subj ect at this time. the varied interests that Pennsylvania I think it is proper for us to consider this has. She has her forty-five hundred subject, in its length and beadtlh, wh en miles of railroad, she has her collieries, her the report of the Committee on Legislamining interests, her agricultural inter- tion is presented, and I hope that thies ests, her four millions of population, all Convention will not delay too long over requiring attention. It must be obvious this section, for I apprehend that it is to gentlemen who reflect for a monment entirel y proper that the sections on the upon this question, thiat these interests Legislature and legislation must ulti l tecan safely be entrusted to the regulations ly be considered together; anmd 1 "lope of such general statutes as one Legisla- that after this day's discussion upon this ture can enact, which it will be found ulestionl we will postpone it until both 3SS DEBATES OF THE those questions can be considered to- novices; that a' every' session of the Legs gether; and in rising at this timle to give my islature molre than half-sometimes threesupport to the report of this Committee on fourths-are new men. Now, it may be, the ILegislature, I believe l am discharging that legislation is a business that requires here a solemn duty, and aiding, not in an no training. It would seem that the peoimlaginary reform, but in practically do- ple of the United States think so, judging ing that which the people, the majority of firom the frequency with which they our constituents, expect us to do. I do it, change legislators; but it is singular if it not because Illinois, not because Ohio has should prove to be so. clone it, but because as a Pennsylvanian It is singular that every other business I -would extend a hand to raise that which requires years to enable a man to be at all is low in our Coammonweqlth, and upon proficient, and vet that legislation should that which is dark I would cast light. be taken upintuitively without any trainMr. BRoorNIALL. Mr. President: I am ing whatever. Now I do not believe this. sorry to be compelled to differ from my I believe that legislation, to be well done, colleague (Mr. Darlington) upon this should be done by experienced men and question. I have so long looked up to not by apprentices; and if the questionbehis opinions with deference that it is fore us was between blennial terms and a with some hesitation that I now dissent, still longer term, I think I could -be inand only the reflection to which he called cluced to vote for the long term upon that mLly attention, that upon this particular ground. matter I must have had more experience lNow I am1 not one of those who place than he, has enabled me to hold my much confidence in this alrnost universal opinion against him until this time. denunciation of the Pennsylvania LegisI am opposed, therefore, to the amend- lature, in point of honesty and uprightment cutting down the terms to one year, ness. I admit that I have been ill places and I am also opposed to the quallfica- in my life time where I would not action of it offered this morning by the know. ledge that I had been a member of gentleman from York (AMr. Cochran.) a Pennsylvania Legislature unless closely The question of biennial terms is only pressed upon the question; but it was not this far connected with that of biennial that I united in the sentiment that is ensessions. If we have biennial sessions we tertailled with respect to that body. I do must have biennial terms. If we have bi- not believe that the mnembers of the Legisenlial terms we'need not, necessarily,have lature are elected for their dishonesty; I biennial sessions. The two questions do not believe that the people habitually run together and I do not wonder that blunder in their choice; do not select men goentlemlen have found it difficult to sep- who are as honest as themselves for the arate theimn in the discussion. performance of this duty. Now I am one of those who are in favor I have been somewhat shocked and c' bieilnial terms, wholly, without regard somewhat startled at the disclosures clade to the question of biennial ses0iolns. If upon this floor of the doings, in a political Awe have annual sessions I aml still in way, of the city of Philadelphia. I can favor of biennial terms. If we have bien- only say, with respect to that, that if the ni-all termns then every gentleman here is gentlemen here confess against themin iavor of biennial sessions. selves we outsiders -must take their conI propose to state, in brief, my reasons fession as true; but outside of the city of in tfavor of this. In the first place, every Philadelphia certainly the men chosen for gentlemlen here will agree with ine that members of the Legislature have the ordiwe will be enabled to get a better class of nary honesty of the good men of their mlen if the termn should be two years in- vicinity. The reason that the reputation stead of one. It is notorious that the class of the Legislature of Pennsylvania has of men offering themselves for three become bad is, to my mind, just this: years ill the Senate is-not honester, not, There has arisen in the Legislature of probably, naturally better —but older and Pennsylvania, or rather hovering around more experienced; and therefore 1 infer it and over it, a body called "the third that lelngtliening the term to two years house," and that third house does not \-ill inmplrov e the class of men offering change its members every year. The notlemselves es s nembers of the House. vice, coming, as I did twenty years ago, Aaali,-o every one famliliar with the to the Legislature, with no legislative exPennsylvvania Legislature mlust see that perience, finds himself confronted by men the Iouse is, all the time, a house of who have been there twenty years, and CONSTITUTIONAL CONVENTION. 3S9 who have passed all that time in learning Chairman, know better. Some man with and practicing the art of managing men. some little crotchet in his head about I do not believe that the Legislature of some little bill, in some little town of the Pennsylvania is to be bought, or that State, is probably the chief one, and you it ever has been bought. But I believe think he thinks of nothing else but his that a class of men has arisen around that little turnpike road up in his little corner Legislature who have lent their whole of the State, while he is managing you, efforts towards improving themselves in moulding you, and he is paid, it may be, the single science of managing men. I thousands of dollarsfor doing it. Thisis the know I have been managed unconscious- way things are done, and not in the purly by these tmen, not only at Harrisburg, chasing of members. Therefore, by extendbut at Washington. Let me say here, ing the term to two years you will get twice that9 with the light of what legislative as much experience in the lower house, experience I have had, of some eight or and extending the term in the Senate corten years, I have never seen a measure respondingly to four years, you will get passed that I believed to have been passed one-third more experience there; but you by corrupt meansapplied to the members will also get an additional amount of exof the Legislature. I have seen measures perience in this way; a better class of passed by corrupt means. But the means men will offer themselves —men with were not applied to the members of the fwhom professional politicians will not Legislature. They have been applied to vwant to bring themselves in conflict, and.a class of men where it counts greatly hence the chances of the professional polimlore than if applied to them. It is ap- ticians for these offices will be smaller, plied to the men who, while they seem and better men will run less risk of being servants and petitioners, are really mas- defeated by political tricks. Therefore I ters and managers of Legislatures. am in favor of biennial terms, in order A man goes to one of these bodies and to improve the character of the legislahe is surrounded by influences that tive body, and enable them the better to mould his opinions. A particular mnea- compete with the men who will surround sure is wanted, and a particular man's them, who are paid to surround them, vote is needed upon that measure. The who will make their influence felt, to a first effort of the "third house" is to greater or less extent, and who really do find somebody in whom that man has the damage, and really have sunk the confidence, sometimes two or three, if he reputation of the Legislature of Pennsylis worth the employment of two or three. vania to the depths where it is to-day. These men are instructed-no they do not But I am in favor of biennial terms, as need instruction, they are old hands in the 1 said before, if we resolve upon annual business, but they talk the measure up — sessions. It will be seen from my argunot too much, because that imight raise a ment in favor of biennial terms that I suspicion, but just enough to impress the am. I am also in favor of biennial seslegislator in its favor, and in this way the sions, and I might as well give my reamninls of the members are controlled and son for it here, inasmuch as the two moulded. It is not the men who are questions have been connected, so as to elected, except in very rare instances, and save the trouble of speaking again upon probably, after what has been said upon that subject. Now my colleague (Mr. this floor, I mnight except the case of Darlington) was not so very far wrong Philadelphia-it is not the members that when, in his speech the other day, he atare elected who are bought, but the mrem- tributed to me the notion that legislation bers who have passed twenty years inthe is a nuisance anyhow. It is not exactly "' third house," learning how to mould a nuisance, but it is always a nuisance unthe opinions of members that are elected. less it is a necessity. It is a necessary Mlr. Chairman, there would be a cure evil, and, being a necessary evil, I want for that, if people would adopt it, namely: just as little of it as possible. Biennial To make the term ten years, or repudiate sessions will produce less of it than anthe heresy of " rotation in office." Then nual sessions, and therefore I am in favor the members of the first house and of the of biennial sessions. second woulld be equal to, those of the I am opposed to the amendment offered third, with whom they must come in con- this morning by the gentleman from York tact. (Mr. Cochran) to postpone it four years; Do you suppose these members of the first, because it is not necessary at this "'third house" are known? You, Mr. place. We might have biennial terms 390 DEBATES OF THE and annual sessions, and the proper place hundred resolutions that have been prefor that amendment would be when th'e sented before this body one would natuquestion of annual sessions shall come up. rally conclude that we are to tearl' that But I am opposed to the amendment Constitution all to pieces, and not leaver there also, because I am opposed to annu- a singlevestige of it. I presume myfriend al sessions. Every gentleman present is almost ready to exclaim: "There is not knows that I speak the truth when I a Tose-bud left on the spot to show where say that in the State of Pennsylvania, the garden has been." and in every other State, there is a light- But one of the objections that I have in ening up of public spirits upon the ad- my own mind, in relation to this question joulrnnent of the legislative body. There before the House, is this: While I am in is a relief. There is a fear while the Leg- favor of biennial sessions and of biennial islature is in session that some mischief elections, the question that has revolveG will be done. _N\ow I know. that by les- itself in mlly mind has been this: That after sening the amount of special legislation this body shall have passed upon this Conwe will, to some extent, after a while, -stitution, and it has been presented to the lessen the necessity forlegislation. I may people of this Commonwealth, and their as well say here that, in my judgment, decision has been received, how it is that more mischief may he done by general any legislative body, assembled in the laws than by special laws. But special city of Harrisburg, will be prepared tc. laws are bad enough, and the people are give to the people of this Commonwealth, determined to get rid of them. Let us in any one year, the necessary laws to then have general laws well digested. carry out the provisions of the ConstituLet us have them enacted by men who tion after its adoption by the people. hiave had some experience in legislation, I would say that in looking over the and I think that we will see that the Constitutions of the several States that changes we have made will be for the admit of biennial sessions, I find some better. I am for the report of the com- fifteen or more that so limit the sessions mittee on this point without mlodification. of their legislative bodies. Gentlemen Mr. MANTOR. Mr. Chairman: When I who are, perhaps, more familiar with the toolk a seat in this body I had promised subject than I am, state that there are myself that I would take very little part seventeen States so situated. These are in the discussion of the questions that mostly western and south-western States. Mould come before the body, and as we States which were ushered into this Ulnion proceed, from day to day, I am still of the by the enterprise and the energy of men opinion that I ought to stick to a good reso- who have emigrated thither fromn almost lution. It has been sugzgested that we make every State in this Union. I find, in lookshort speeches, and I agree with the idea; ing over these several Constitutionrs, a not to make extendedspeeches; nottotlou- great variety of opinions existing am:nong: ble the House with any long discussion of the gentlemen who filamed these clifferent questions, but to give our expressions in Constitutions. We have in this Union relation to the subjects before us. some three or four States in whicii the On this subject let me say that I am Legislatures hold sessions from thirty to aware that there are sitting with us in this forty-five days of annual sessions. I find body four gentlenlen who had the honor that we have three or four other States to assist in framing, or rather revising, the that restrict their legislative sessions to last Constitution of this State, the present sixty clays. I find, further, in looking organic law of this Commonwealth. I am over the' best information that I could as well aware, also, that there aGre many secure, that some of the 1New England things that will be required of us; changes, States, especially Massachusetts, hold ansir, to be brought about in the organic nual sessions, and complete legislation in structure that will meet with opposition a very short time. Massachusetts some.on; the part of gentlemlen in this body. times finishes the work of her Legislature -Kn:wing these facts, I wonder not, sir, in fromthreeto fourweeks. New Hampthat the geitlemlan from Chester, (Mr. shire has been known to get through with Darlington,)who offered this amendment, her legislative proceedings in an equally should stick so closely to the law and the brief period; also the State of Vermont in principle that he had the honor to assist from three to four weeks. in constructing. 1 wonder not that he But, Mr. Chairman, I have said that 3I would stick so closely to this measure, be- was in favor of biennial elections and bicause when we come to look to the four ennial sessionsof the Legislature. One is CONSTITUTIONAL CONVENTION. 391 quite sure to follow the other, for we flee, almost every law passed will be more have only one or two States that have bi- carefully examined, and it a designing man ennial electionsand anniualsessions. One secures the passage of an ill-advisect law, of those States is the State of Texas, which he will receive, to a much larger extent provides in article one, section Iour, that than at present, the severe and searching "the members of the House of lepresen- criticism of his constituents. Such has tatives shall be chosen by the qualified been the exact result in the States that electors, and their terin of office shall be have adopted biennial sessions. The artwo years from the day of the general gument of the distinguished member from election, and the sessions of the Legisla- Columbia (Mr. Buckalew) on Friday last ture shall beannual, at such times asshall was most conclusive. He said that one be prescribed by law," similar to the of the capital evilsof our present systemr amendment offered by the gentleman was due to the constant changes of mnemTfrom York (Mr. Cochran) this morning. bership in the Legislature. -Ie nmight -But I tale it that this wrill not meet the have added another, and that is that the wants that are now urgent in this Corn- class of men who are aggregated into the imonwealth. We cannot cure the evils of third house, that we have heard about annual sessions by such a thing as this. this morning, a class of political shysters One of these evils has been the passage of and hangers-on, who come to lHarrisburg laws by our Legislature at one session, with their pockets full of money to conand perhaps annulling them at another taminate the Legislature of this Cormn-onperiod. So many special laws have been wealth. enacted that the people hardly know when Another advantage of biennial elections a law is passed what is to be the next is this: It will save the expeinse of two proceeding. elections, and will also save rmnch tinme I am in favor of biennial sessions, and I and labor that mnust necessarily be spent repeat it for another reason. In looking in political canvass if we should elect repoverthe Constitutions of the severalStates resentatives every year. The fact is, we of this UTnion I cannot find an instanlce of are hardly out of one canvass before we are any State that has adopted this plan desi- brought into another, and business tiererous to abandon it. Ohio, Indiana, BMich- fore is disturbed, the quiet of every county igan and Illinois, these four States, com- is disturbed, and I am of the opinion that prislng each it itself vast commercial it will do much toward taking away the wealth, long1 since adopted biennial sos- eternal jargon that we now have in socisions of their Legislature, and the system ety every time we have an election. I works well. They are growing rich year know not what the wishes of the constituafter year, and there is but little comr- ents of other menmbers nay be on this plaint about the Legislature passing ob- point, but of this one thing I do know: noxious laws, or laws which are oppres- Very many of my constituents are in favor sive to the people. I live in a county of biennial elections and sessions, and dewhich borders directly upon the State of sire me to respect their wisuhes. I have Ohio. I am conversant with the opera- received and am receiving letters in retion of its plan of biennial legislative gard to the necessary changes required to sessions, and am thrown every day al- be made in this Constitution, atnd nearly most in constant intercourse and business every letter I receive speaks of this one communication with gentleimen who live change particularly. I have talked with in that State, and I hear only the most many about the matter, and all seem to approved expressions from those gentle- approve it. The class of legislators we men in favor of biennialsessions. And I may have, or the amount or number of accord directly with the sentiment which special or private acts that a Legislature was uttered here last Saturday by my may pass when it shall meet, is not the colleague (Mr. Minor) when he advo- question before this body. In proper cated the meeting of the Legislature time I believe the Convention will take every other year. care of the evil of special legislation. I think, sir, as it has been argued here, Neither is the form of the oath that is rethat this proposed change, if perfected, quired to be taken by the Legislature the will bring better men to office. It will, I question before this body. The committhink, change in many respects the status tee have this matter in charge, and will of the Legislature. Designing Mi.en who evidently report in due time so that -we shall seek place will be criticised more may have an opportunity of giving exclosely. Better men will be selected for of- pression to our views upon that subject. 392 DEBATES OF THE With all due respect to gentlemenn l who surrounded with everything that heart have argued this question in advance, I can wish, who deliberately and officially cannot, however, help but think, sir, that set themselves to work every session to they have got the cart before the horse, corrupt the legislators of the people, and but it is excusable in anxiety somletimne when men talk about the virtue of this to be heard. Therefore I accord to them body, and of its high and noble character, all candor, and aim glad of the attention recollect, gentlemen, that we have not that the Convention paid to their several been subjected clto the temptationstowhich argluments. members of the Legislature are subjected In conclusion I would say thlat in all every year. No sooner does the Legislathe investigations I have made on this ture assemble than there come up to that subject, I have foun;d that the States body men who are the paid officials of Avwhichl have adopted this plan of biennial immense corporations, who open their sassions of the Legislature would not re- rooms, grandly furnished, and who are turn to the annual system. The general ex- there button-holing members, watching pression of the SLates, wherein it has been legislation, and, no doubt, corrupting experimentally tried and tested, is that those who can be corrupted. legislation *has been greatly facilitated, A distinguished man, who is now at the the expenses greatly reduced, and that head of one of the largest railroads in the the standard of the Legislature has been United States, when I doubted that there advanced, all of which are among the was aqs nluch corruption in the Iegislature high reforis demanded in this State, and as has beel asserted, said he to mle: "1 all of Which I thi nk willbe brought about know there is." "How do you know it, by adopting and placing in our Constitu- sir?" "I have taken money there myself tion biennial sessions of the Legislature to corrupt the Legislature." Says I to and b;iennial elections. him: "How do you know that the inemMTr. D. N. WVrITmE. Mr. Chairman: If bers of the Legislature received the a strariger had come into this assembly money?" " I know that they received it." during the past few days, who was en- Now, Mr. Chairman, you must recollect deavoringm to ascertain the nature of free that all men are not above temptation, and institutions, he would have naturally de- when you send to the Legislature honcidecl that free institutiona are a failure. est, but unsophisticated, men, frequently Frequency of elections, frequency of ap- they are met on the threshold by every peals to the people, have been denounced temptation presented to their cupidias dangerous. Elections have been tra- ty, and to their passions, which can be duced as bringing corruption upon the brought to bear to corrupt them for the people and upon their representatives. purposes of some men. And no wonder Thle frequent appeal of the people to the some of them fall. But, sir, there are as ballot-box, bringing the representatives honest men in that Legislature as ever exand the people close together, has been isted in this world-mnen who have gone held up here as dangerous to the welfare through the ordeal for years, and have of the State; and the Legislature of the come out with their garments unscathed State of Pennsylvania has been held up as in the midst of this fiery temptation. I a by-word, and a scorn, and a hissing. am astonished that we have not had worse Now, MBlr. Chairman, I have moro respect laws, that under the bad influences that for our institutions, I have more respect surround the law-makers that we have for the people of a free government, I escaped as well as we have. have more respect for the law-making Now what is the source of all this trou-. power of the State, than to stand here and ble? It is not in annual sessions. Annual hear these insinuations made without sessions do not corrupt the members. Anuttering my protest. Nothing too hard nual elections are no harm. It is in the can be said that has not been said against power you have granted the Legislature the Legislature of this State. I candidly in your Constitution to give large franconfess that there has been some corrup- chises to individuals and to corporations. tion in the Legislature. I admitthat, but AiMen come up there that are not satisfied how does it come? From what source with general laws. They want special has this corruption come? The Legisla- privileges. They find that the Legislature did not corrupt itself. If thetempta- ture is not willing to grant special privition had not been presented there would leges, and then they put to work all their have been no fall. But, sir, there are men, machinery, and, by bribery, by trickery, high in station, holding immense powers, by rushing a bill through the Legislature CONSTITUTIONAL CONVENTION. 393 without reading it, or without printing venture the prognostigation that tile very it, taking advantage of the ignorance of first session of your Legislature, tunder members, they get laws passed which are the Constitution that abolishes special a disgrace to the statute books. But take laws, you will find that it -will take months away special legislation and you cut up upon months to pass a tax bill in this corruption by tho root. M9en are not go- State, anld probably it will need amiending to pay for general laws which every- ment every year for several years before body can have. They are not going to you can brilg itto anything liken perfect pay for a law which will benefit A, B and system. The State of Ohio has only, after C. Hoow was it in the State of Ohio? Pre- twelve or fifteen years of continuous lavious to the passage of their new Consti- bor, brought her tax laws to anything like tution the Legislature of Ohio just stood perfection. in the same position precisely as that of Then, again, there is the apportionient Pennsylvania. It had the same reputa- bill. Every gentleman who has been uption, but from the time that that Consti- on the Committee of Ways and BMeansl tution was adopted there has never been knows that from the very colmmencea single suspicion existing in regard to meont of the session that large committee the Ohio Legislature. Men don't go to of twenty-one men meets regularly for buy, and they don't go to work with months, receiving deputations from every their lobby to gain general laws. part of the State, representing her varied One gre;at reason w hy I cam in favorr of interests; deputations in reference to her annual sessions is the very fact that I be- large charities that she dispenses so liberlieve this Convention will take away that ally come upto be heard before the Colmspecial legislation, and the great difficulty mittee of Ways and Ieans, anc that of passing general laws in a State, so multi- commnittee finds it a hlerculea labor every form in its interests and so varied in its year to get through with the annual apcharacter as the State of Pennsylvania. propriations. Wve receive in this State Here we have a mighty metropolis, the some seven millions of money in taxes. fifth or sixth city in the world, with vast WAle have a large Sinking Fund. W~e have and varied interests. All the time some- a large debt, and it is essential that the thing is coming up that needs legislation Legislature keeps its eye upon all these for this city. Then we have our territo- varied interests. If you have biennial ries, stretching from the tide water to the sessions you will have to pass that approvalley of the Mississippi, covered with priation bill two years ahead, when you iron, and coal, and oil, and interests will cannot know what means may be debe continually arising which will demand manded in that time. ~Why, here, the the watchful care of the Legislature, last winter a part of the Insane asylunm Now, gentlemien who have been in the at IHarrisburg burned down. Suppose the Legislature, know how difficult it is to pass Legislature was not to meet until next a general law. Genmtlemen say it is be- year, is that institution to lay there withcause they won't attend to it. But you out help until then? Is there to be no undertake to pass a general law through helping hand to restore the part which a bodly of one hundred, or whatever vou was destroyed? Are these poor insane make the number of the General Assetm- persons to be there without proper ventibly, through two bodies, and then to the lation, without proper water or arrangeGovernor, that will harmonize a majority mnents which were destroyed by that fire? of the interests of the State. Youl will Immediately after the Legislature met, find that it takes sometimes months to as you see by the proceedings, a bill was pass one law. It has to go to a committee. passed to remedy this defect. Suppose That committee may discuss it for some it was two years, what are you to do? The weeks. It goes back to the House-say occasions of this kind, in a great State that it originates there-and is discussed like Pennsylvalia, with her great interin committee of the whole, it is discussed ests, will continually arise, demanding on second reading, laid over on third read- the watchful care of the Legislature. ing, and almost impossible to get at un- Again: I believe in the people. I beder the rules. Then, after you' gt through olieve in a frequent recurrence to the peowith it, it goes to the Senate, and has to go pie at the ballot-box. I believe that the through the same operation there. Final- nearer the Legislature is to the appointing ly it go6s to a committee on conference, power the better. I am willing to trust and they refer it, and at last it has to pass the people of this great State to elect their the ordeal of the Governor. Now I will representatives every year, and also to 394 DEBATES OF THE have them elected to meet 7yearly. I agree biennial sessions constituted one measure with everything said by the gentleman of reform, I was in favor of that measure. who spoke a moment ago in favor of ex- But my reflections and study, when perience in legislation. I know that a preparing myself for my duties as a gentlemlan who has been in the Legisla- member of this Convention, looking over ture the second year is far more ef-rcient this subject calmly and dispassionately, than the first year, and the third yearstill in all its bearings, brought mne to the more efficient, and I am in favor of the conclusion that after all annual elections people re-electing a man as often as they and annual sessions were best. choose. I think they ought to re-elect I have listened very attentively to the him as long as he is honest. arguments that have been adduced here in The two years' term removes it from the favor of the section before us; but all people longer than I like; but it would that I have heard has not changed that be better to elect them for two years and conviction of my mind. I wish to exhave annual sessions than to have bien- press my thoughts very briefly on one or.nial sessions. Believing, Mr. Chairman, two points that have not been very fully that biennial sessions in our State would scussed, and shall pass over briefly or, work disastrously, believing that the in- perhaps, without any notice, some of the arguments made in favor of annual electerests of this State require an annual n le in of annal elecmeeting of the Legislature to watch over tions, because I think they have been the vast interests of her industry and colllnmerce, and to keep careful guard over our My great objection to biennial elec-,officers at Harrisburg; for there is no tions and biennial sessions is that the rnore virtue in a man because he is Gover- measure tends to strengthen the bands nor than he is a legislator. WThy every- of power, and to restrict the power of body recollects that, in the history of Eng- the people. Before I enter upon that point, land, judges on the bench were bribecd; pardon me for one or two remarks in anand I say that the source and strength of other direction. It has been argued, all a free government is in the people who round, that biennial elections will save compose that government. For these rea- expense to the State and the people. sons I aim in favor of annual sessions and flow? The honolable gentleman from annual elections. Columbia (Mr. Buckalew) proposes that in alternate years we shall elect rmembers Mr. S.. F. F.VHI'TE. M'r1. Chairman: I F WHITE r Chairman: of the Legislature.and the other years elect feel reluctant to throw myself upon the membersofCongress. Will we notthereindulgence of the colmmittee, because I fore have annual elections? Cerllainly, know there is a feeling among a great we will; and the State will be subject to nany members to pass over this section all the expenses of annual elections, just and take up the question of biennial ses- the sane as they are now. There is, theresions, or the subsequent section; but my fore, no force in that argument. own judgmlent is that we had better talk It has beel argued that we ought to over the nmatter pretty fully on this occa- have men of more expeiene in the egsion, for I confess that I can hardly sever islature. Yet this very article proposes the tw-o questions of biennial terms and s e a tihe ti qluestions aof biennial term ands to take from the Senate some of its experibiennial sessions; at least the arguments ene. It is proposed every two years to that bear -in favor of biennial terms, to me that ear in favor ofn biennial sterms, to me turn out one-half the Senate-to have but seemn to sustain biennial sessions. The two sessions of the Senate in four years. committee so understood it, and have so That is the plan before us. IJncler our reported their article. I think, therefore, present Constitution we have three seswe would, probably, save time by discuss- sions of the Senate in three years-oneing the whole subject at this time. third of the members going out annually. Three months ago if any person had It does strike me, sir, that, as a matter asked me how I stood on the question of of reform, this is reforming backwards. annual or biennial sessions, I would 5Why this is simply taking from the Senhave answered that I was in favor of bien- ate the element of experience it now has, nial sessions, and, of course, I should have for it is only having two sessions in four said biennial elections. I felt, like the years, and turning the half of the nlemgreat body of the people of this State, that bers out every two years, so that at every sonme refiorm in our Legislature, and in session of the Senate one-half of the memnthe method of legislation in this State, was bers go out. For myself, I believe in the necessary, and taking it for granted that old plan; let the Senate be always consti CONSTITUTIONAL CONVENTION. 395 uted of two-thirds old memrnbers and one- such distrust of the people. I have never third new. been a member ot the Legislature of this In reference to the I-louse, as was very State, but I have watched its imeasures ably and forcibly presented by the gentle- pretty closely, and I have know-vn a numman from Philadelphia, (Mr. Biddle,) if ber of gentlemen that belonged to either we had only biennial sessions, and elect branch of thatbody, and as a member of only every two years, of course the mem- this Convention and as a citizen of the bers of the House would have no more State of Pennsylvania I enter my protest experience than they have now. The against this wholesale abuse of the Legargument here is that new members of a islature of my State. I believe this unLegislature are likely to be corrupt, and qualified abuse to be unjust. I believe it that there is danger to the people from to be unreasonable. I have known memthe election and admission of so many bers of that Legislature who were as honIzew members at once. But, sir, in my orable men, and as true and honest as experience and observation of the past, any man to be found in Pennsylvania. and in my reading of the current and pas- I believe there never has been a session sing events, not only in our own State but of that Legislature that did not find men in Congress, and in other State Legisla- there as true, and as honest, and as incortures, I have been forced to this convic- ruptible, and as honorable as the best citition —that there is more darger to be zen of Pennsylvania. There may have apprehended frorn the':old stagers " than been there also some bad mnen. It is from the new members who come up fresh scarcely to be expected that all would be from the people. I do not mean to par- good where there are so many; some mIen ticularize, but the daily papers give us have been better than others. But on daily evidence that thllose who are most this question of ruinous legislation I aseasily approached and most easily "infiu- sert this: That the legislation of our own enced "-I believe that is the word used State of Pennsylvania in the last twenty among those who understand all about years has not been worse than it was in Legislaturjs — any previous period of twenty years. Mr. MANN. "6 Convinced." That may be deemed a very reckless asM[r. J. W5. F. WHITE. "Convinced." sertion; but let me calt the attention of EWell there are various terms employed. gentlemen to a few facts. I go even farAs I was saying we all know that those thoer than that. I say that the Legislature w ho hlave been longest in the Legislature of Pennsylvania is not more corrupt now are those that are most frequently "con- than it was when first organized under vinced" and most easily "influenced."' the Constitution of 1776. If gentlemen NOs, sir, this whole argument is a dis- will take the trouble to refer back to the trust of the people. For one, I am will- legislation under the first Constitution of ing to trust the people to elect their rep- this State, and especially to the report of resent atives; else how under the Heav- the council of censors, taking the first six ens are we to save ourselves from corrup- or eight years of our legislation, they will tion? Are we to say to the people: "You find that the Legislature passecl worse laws are not to be trusted to elect your repre- than have ever been paased since. sentatiives annually. We, in Convention, They have passed laws directly and flahave adopted a niost excellent device grantlyin violation of the then Constituto save ourselves from the evils of spe- tion. They passed laws especially for the cial legislation, and improper legisla- benefit of individuals. They passed laws tion, by saying that you, the people, appropriating money to their officers and shall not elect your representatives every others directly in the face of the Constituyear; you are Iiot to be trusted with tion. Coming down further, everybody that power." That is the argument; that has read the history of this State that is what it all resolves itself into. If knows that years ago, when we were inbad men are elected, who elected them? culring ourpresentindebtedness, that the How come bad men into the Legislature legislation in reference to our public imbut by the election of the people. Hence, provements and private improvements the argument is a clear thrust at the peo- was shameful. Vhy,. sir, there could ple, and an attempt to take the power now not be a little turnpike opened anyin the hands of the people from them, and where, or a little stock company organplacing it in the hands of the officers, ized, but the State took stock in it, and strengthing the hands of power by limit- after a while made appropriations of ing the powers of the people. I have no money to the scheme. Everybody who 396 DEBATES OF THE knows anything about the subject at all you simply pass general laws to apply to knows that such bills were passed by the all alike, I, greatly fear that the general hundred, and if the annual statutes be ex- laws will be found to work more oppresamnined they will be found filled with sion and injury in mnany localities of the laws worse than any that have been State than if you merely restrict the Legpassed within the last twenty-five or thirty islature in the matter of special legislayears. tion, without absolutely taking all the I refer to these things mertfly to show power of local legislation. We must not that this wholesale, sweeping, unquali- only limit this power, but the mode of fled abuse of the Legislature of Pennsyl- passing bills; and when we do that I vania of the last few years is unjust and think we shall have guarded, as far as we unreasonable. It is a disgrace to us as a possibly can, against inj urious legislation. Convention and as a people. I do not deny But, as I have said, my great objection that there have been some things impro- to biennial sessions is that that plan takes per; that is not my point; I am speaking the power out of the hands of the people of the general drift of legislation and the and strengthens the bands of power. It general character oi thelegislation of the gives more power to the officers, and it State. removes them farther from the people. I will say, further; if members will It becomes a restriction upon the powers refer to the volumes of our annual stat- of the people. utes, they will at all times find a vast Consider it for a moment. If our Legamnount of local and special legislation islature should not meet for two years, there, and so far as the special legislation the officers of our State, all of whom are of the last ten years is concerned, I make liable to imfieachmlent, all of wholl are this assertion: That the mass of local and accountable to the Legislature for their special legislation found on our statute conduct, will then have free run for two books for that period is in proportion to years, unless the Governor should choose the business and necessities of our State; to call a special session of the Legislature. is less than it was fifty years ago. Wshy, Not only is the Governor himself accountwhat has our State grown up to? Look able to the people, through their repreat our varied interests; at the immense sentatives in General Assembly met, but resources of Pennsylvania, all of which all the heads of departments, all the judges have been developed within the last few of the Commonwealth, and other officers years-all of which have required more who are now called upon annually to give or less legislation. On some points, it is to the Legislature an account of their true, there has been improvident and in- stewardship. I desire these representatives jurious legislation; I freely admlnit that; to meet in regular session and hear what and on those points I hope we will prevent these officers have to say, if anything, and similar legislation for the future, by pro- to look after all matters of that kind, and per constitutional restrictions. But, on whenever they find anything wrong in that point, let me say this: That what- any department, to apply the remedy ever constitiftional restrictions we may and call the guilty to account. impose, there will inevitably be, in this Again, sir, I am in favor of having elecState, a necessity always for a good deal tions annually, because I want the repreof local legislation. This hue and cry sentative, when he comes home fromn throughout the State about taking away Harrisburg, to give, immediately, an acfrom the Legislature all power to pass lo- count of himself to his constituents. We cal laws will, I believe, if literally carried all know how it is at this time. When a out, be far more productive of mischief member gets holme in the spring of the than if we irpose proper restrictions, year, he comes up again, say in the course leaving still with the Legislature the pow- of a month or two at farthest, for re-nomer to pass necessary local laws. Why, sir, ination and re-election. He must render look at the position we are in. Look at an account of his stewardship. I-le is this great city of Philadelphia, with its made to feel his immediate responsibility, varied industries; look at the anthracite and during the time he is at Harrisburg coal region, the bituminous coal region, he feels that as soon as he reaches home the oil region, and the other mineral re- he will be called to an account. gions of Pennsylvania, with their totally I want our representatives ever to feel different wants and their distinct pecu- that responsibility-to feel always that liarities. There will be more or less local they must speedily account for their aclegislation required for each of these. If tions. Everybody knows that the more CONSTITUTIONAL CONVENTION. 397 remote the day of account or reckoning, the State, to answer for the imanner in the less it is feared and the less influence which they have performed their duties. it exerts. WThen a representative kno-ws Some gentlemen have argtued as ifi the that he cannot be brought to an account only province of the Legislature -was the at the ballot-box for two years, he will passage of statutes. But, sir, if I know hope and believe that the people will for- anything of the history of Pennsylvania, get and foigive by that time any faults or and of the other States of this Union, errors. he nmay have committed. But they have a great deal more to do than knowing and feeling his immediate ac- simply pass statutes. They have mrany countability, he will be more careful and other duties to perform of great interest prudent. to the people. They have to watch over Again, if a representative act improper- every department of the govermnlent, ly, if he has been an unlaithf'ul servant, and over the whole of the industrial inthe people have power, under the system terests of the people throughmut the of annual elections, to turn him out at the State, to protect those interests, to disencl of one year. Why should an unfaith- seminate knowledge on these various ful servant have a two years' lease of pow- subjects, and otherwise promote and ader? Why should not the people have vance the material prosperity of the Cornpower to discharge him from further ser- inonwealth. With annual elections and vice if they desire to do so? I want the annual sessions, the Legislature will people to preserve that power. BMy read- more surely represent the public sentiing of history has impressed upon my ment, and be a more true exponent of mind this great lesson, that the people must the popular XTill. always rely for the defence and security of It is impossible for us to tell what may their rights and liberties upon the popu- happen il any two years. The Legislalar assembly; it is the people's bulwark- ture, elected fol a terl of two years, their great reliance-their only sure safe- might not, in the second year, replesent guard. - History tells us that al; en- the will of the community at all. I want croachments have come fromn the Ex- the House of Representatives to be as ecutive or from the judiciary, and near- fresh fronm the people as circumstances ly always the judiciary has sustained will permit. I want the people to retain the encroachments of the Executive. This within their own hands the power of coris the experience of all people in all coun- recting, speedily, by a new election, any tries. To the imrmediate representatives wrongs or mistakes on the part of their of the people, those who comle up annu- representatives. I am therefore oplposed ally fresh from among themselves, know- to placing an-y clause into this new Coning their feelings and their views, and re- stitution-a reforym Constitution, as it is flecting the latest expression of their will, hoped to be —which would greatly strengthmust we ever look for protection from en the hands of power and restrict, coroppression and for the reditess of grievan- respondingly, the power of the people. I ces. If there ever comes a struggle inthis shall vote for no such section. State, as some have expected, between Mr11. NE\LIN. Mr. Chairman: I am in the people and the vast monopolies and favor of biennial elections and annual corporations existing all around us, the sessions. And inasmluch as this topic people must look to their representatives has been discussed at considerable length, for defence and protection. If any exigen- I do not propose to weary the Convention cies arise in our country in any way; if with any remarks on those questions any encroachments be made by the Exec- which have been already touched upon. utive or the judiciary, the only reliance It strikes nme, however, sir, that there of the people must be their representa- are some considerations which have not tives-the legislative Assembly. There- yet received any attention at the hands of fore, sir, I want that Assembly to come up the Convention upon this point. In reannually from the people, expressing their gard to statistics, it seems to ine that arguvlews and their wishes, and I want the ing fromn statistics on general principles, people to possess the power, if any of their which go to the bottom of society, it is representatives should prove false to their impossible to reach any conclusion wvhich duty, speedily to remove them. is satisfactory to our minds. Statistics are The Legislature has great power for of value only when the cases are exactly good or evil. It may remove judges, may parallel, and for the reason which has alimpeach all officers, no matter how high, ready been several times stated to the mlay call upon all, even the Governor of Convention, of the diffeience between thi 398 DEBATES OF THE State and other States in its varied inter- in the transaction of its duties, that after ests, it seems to me that the parallel is having done that, if we put ourselves on not complete. the record as being of the opinion that In regard to the Constitutions of the the Legislature still remains necessarily western States I have but one remark to an instrument of evil, we acknowledge to make. Thle States of Ohio, Illinois and all the world that it is not in the power of Indiana have been principally relied the people to elect honest representatives. upon in favor of biennial sessions. I am I am not prepared to put myself on the told by persons who are well informed, record with such an admission as that. If and who have a practical knowledge of we have to cole to that pass, that it will the workings of the biennial system in become impossible to elect honest reprethose three States, that in the State of sentatives, then, sir, we shall have reachOhio it is almost entirely evaded by the ed a point where we will require inore Legislature adjourning from winter to radical changes and more radical remedies winter and holding adjourned sessions of than those proposed by the report of the a biennial Legislature. That in the States Committee on the Legislature. I know of indiana and Illinois it has been the of no more ample means; I know of no subject of very great complaint; that laws more effectual method of debauching the of a general nature should be altered, and public sentiment, than for such a body as the people have to wait for two years in this to openly avow to the whole world order to procure aine edncents and changes that no nmatter what is or unay be done in which are absolutely necessary, which the way of reform, it is in the nature of amendments are not in any one case of things impossible to elect a Legislature sufficient nllomilent to induce the Governor which shall honestly represent the wishes to call an extra session. As to the other, of the people. to the great bulk of the Constitutions of Mr. ANDREW REED. I am in favor of the western States, it seems to me that the amecndment of the gentleman from continually referring to what might be Chester, that we shall have annual eleccalled the constitutional statutes of those tions, and especially am I in favor of hay7immature Commonwealths for guidance ing annual elections if we are to have anhere is, to say the least, inconsiderate. nua sessions. I am in favor oftht, first, "We have had here for two hundred years because it has been the settled policy of a free government, and until the last ten this Commonwealth, as it has been formed, or fifteen years there has been no talk up to the present time, and I have heard whatever about biennial sessions, and the no such sufficient reason on this floor why desire which is frequently expressed for we should change. I am in favor of makbiennial sessions is co-incident with the ing the representative immediately and complaint of abuses perpetrated by the directly responsible to his constituents. Legislature through special legislation. If he goes to thfe Legislature and violates Therefore I take it that the principal the people's will, the people can turn him argument and the chief reason why bien- out. If he does well there, and truthfully nial sessions are called, for and desired by represents the people's wishes, he can be the people, is because the Legislature now re-elected. There is a wholesome check. has the power to pass special laws, which The reasons urged by the gentlemen are pernicious in their effects. ]But if this who desire biennial sessions and biennial abuse is remedied by the power being elections are: First, that it would save taken away from the Legislature to pass the expense of an annual election; secsuch laws, I can see no reason why the ond, that it would improve the quality of power to remedy defects in the general the Legislature; and,third, that if we have laws should be put off for two years. biennial elections these hundreds of thouAside from that reason I have another sands of young men who are now crowdone, which goes further and deeper than ing the political arena, desirous of serving this one;another reason why I am unwill- their country, not to say a number of old ing to record any vote in favor of a restric- men who are in the same category, would tion on the Legislature, as to the frequency immediately cease, to crowd that arena, of its sessions. and would imniediately retire to the It seems to me, sir, that after a Con- shades of private life. vention has assembled, and, with the In reference to the first reason urged, I lights that it has before it, has placed all cannot see its force. AWe do not save the the restrictions that can possibly be de- cost of an election. WVe must have an. vised upon the Legislature against abuses election every year. ~Wie have county ofli CONSTITUTIONAL CONVENTION. 399 cers to elect every year. We have county when all is done by them that they,- deeim commissioners, and sheriffs, and others to necessary they will go home, and then for elect every year, and the expense that two years the interests of the State must will be saved to the State will be but a sufier, and these general laws referred to very few dollars, if any be saved to the will remain upon the statute books and State at all. If we are to have biennial cannot be repealed. sessions, as the gentleman from Philadel- I am in favor of annual elections and phia (Mr. Biddle) has explained, we annual sessions, because the people are by would have just the same qualification these means enabled to retail the power for one session every two years as if we had to repeal obnoxious laws without unnecesthe usual annual sessions and annual sary delay. But if there was this virtue elections. The gentlemlan from Delaware that has been alleged by the advocates of (Mr. Broomall) states that new members, biennial elections and biennial sessions, members fresh from the people, are more in this long term for Legislatures, why it easily "fixed up," as he appears to ac- requires the concurrence of both branches knowledge he had been, while he was in of the Legislature, as well as of the Govthe Legislature. I cannot conceive that ernor, to pass any law. And while we to be so, however. IHe (Mr. Broomall) will have then in the popular branch of said in his argument that if we would but the Assembly the expression of the peoleep theml there ten years we would en- ple's will, fresh, every election, we have tirely remedy this difficulty in the Legis- in the Senate a conservative element that lature. Let us look at the Legislature as can put a check upon this hasty and crude it now stands. There are some members legislation. Hence, the evils supposed to there who have been there for ten years. come from the crude notions of the popuAre they pure? Are they beyond all lar branch of the Assembly can be corsuspicion? No, sir. " Knowledge is pow- rectel there, and we will have the benefit er," and the rmore experience men have of both. In the poplular branch we will in Legislatures the more ready are they hav\e the will of the people, and in the to pass bills through influences, perhaps, Senate we will have conservative element. not always good. This knowledge, when I am, for these reasons, in favor of ana person has evil in his mind, only aids nual elections and annual sessions. him the better to work out the envil. There Mr. BARTHOLOMEW. MT\1r. Chairman: is another thing which ought to have some I desire, before I make any remlarks on weight: That is that we are governedl too this question-and I do not propose to much. There is a wvide-spread feeling, make many-to understand exactly the in which I confess I concur, that there is position of the question; and therefore I altogether too much legislation. will ask the Clerk to read the amuendlient I came here, however, with my mind first offered, and the amendment to the made up in favor of biennial sessions. I amencndment. had alw, ays felt relieved when the Legis- The CLERli. The anmendment offered lature adjourned, on account of the mass by -Mr. Darlington is to strike out the of legislation which that body was alwvays words " eveIr y two years," and insert' anproducing, confirnling the conviction more nually." Mr. Cochran moved to anmend and mlore every year that we were too that, by inserting after the word'" annumuch governed. But forthat veryreason ally," the words " until the year one thouthe more I thought about the matter the saCnd eight hundred and seventy-six, and more I came to favor annual elections. every two years thereafter."' Why, the gentleman from Indiana', (Mr. Mr. BARTHIOLOmEWV. Mr. Chairman: HIarry White,) vlwho has argued in favor of I amii decidedly in favor of annual elecbiennial sessions, has gone so fr as to state tions and annual sessions. I do not speak that even at this session there ihas been an upon. this question because I have discovendeavor to pass a general law with a ered a truth. It has been well said that merely special purpose. I ani not one of when one fancies he has discovered a those who believe that iwhen we restrict truth he is irresistibly inmpelled to make the Le-gislatulre in the matter of special it known. But I rather speak upon this legislation we thereby inaugnurate a politi- questionpeinllled thereto by the example cal nmillenniu'. Leogislators will be there, of many worthy gentlemnen around me. as is instanced by the gentlemall from In- In doing this I propose to give my exact diana, (Mr. Ha'rry W'hite,) wvho will pro- views upon those questions at issue, as pose andl pass general laws having special nearly as I can find words to fit them. or local objects mainly in view. And There is a strange idea prevailing in 400 DEBATES OF THE this body, which has received expression Wihat are the arguments against this fr'om several members, that I cannot un- proposition? The first one is one of econoderstand, and that is that instead of form- ny —that -it saves the Commolonwcealth five ing an organic law for the people of this hundred thousand dollars. Well, if that Commonwealth, collectively, and in their is a good argument, why not postpone social, citizen condition, as parts of the the election for three years? Wrhy not ior governmenlt, they are aiming the provi- four years, or for five years? If it is sions of this organic law at the individual economy that you refer to and will ha-\-e life of the people of this Commonwvealth, why not postpone the election for -ten and are endeavoring to purify and restore years? There is not a particle of reason morals wnhich, it appears, have been lost, in the argument of economy. No econoand are not now in possession of the peo- my can be applied to that branch of the ple, who, consequently, are no better than public service, if it be necessary for the the~y ought to be. well being of the Commonwealth. There TNow I undertake to say that if the four is no difficulty whatever about the paygospels could not prevent the people of ment of the expenses of this Co-lmonthis Commlonwealth from being dishon- wealth. Why, the message of the Goverest, no Constitution this Convention can nor, who nwas inaugurated the othcr day, make w-ill do it. There is nothing in tells us that the excess of the income over that. We have to start with the square the expenditures of the Comronrwealth and fair idea —and which must be realized is so great that there nmust be a reduction by all-that is, that this is a government of taxation; that the flow of money into of the people, for the people and by the the Treasury is superabundant, and there people; that the government itself is must therefore be a restriction on taxabased upon the virtue and intelligenlce of tion. Hence, I say the economical view the people. It may be that wme are not as of this question has no practical fomce. If virtuous as our fathers were. I have the same views of the necessity of econosome doubts upon that subject. To be my were entertained in regard to other sure we breakl out in occasional phrases matters, they would lead to peculiair and of self-laudation and self-praise, as that to disastrous results. W~ho -\,tc;-ld say xwe do not hang witches, which our that the conmmnon schools of Penlnsylvania fathers did; but we forget that our fathers ought, firom motives of economny, be lialhung other people wvho riohly dceserved ited to one month in the year? We do not to be hung, and we hang nobody. We want that sort of economy in Pennsylalso forget, xwhen wTe read the story and vania. controversy of HuLdi bras and Ralph, and Tihe next proposition urged in fxlvor of laugh at their peculiarities, that they these biennial elections and sessions is, were the representatives of classes of that thely ill restrict special legislation. men -w\ho, with all their odd notions, gave How? I undertake to say that no nian birth to liberty of conscience, and started on this floor has given a satisfactory reaupon its mlarch a civilization that will son for this. hllerein can it res'tict legonly end with the circumference of the islation-a biennial terml with aniMul] sesearth. We forget, when we talk of the sions, or a biennial term with a biennial bigot and the zealot, and the persecuting session'? The only difficulty that I can Early churchman that be in those bigoted see is, that it will make worse that legisand persecuting days, saved civilization tiori wxvhicll is already bad. Nothing else. from the ruins of Rome, and started it The samne interests, the same motives, that upon its grand imarch over the globe. now take people to Harrisburgv will take onox, sir, if the virtue of the people is them again. The crowd will, however, lost, this government is lost. mWe must be doubled biennially, gathering fast and fix this organic laxw for the people, as an faster as they reach the Capitol, and there honest people. They did not send us Will be the special legislation, in some here to restrict and limit them, and to form or another, and all the other objeccry out against them as a Commonwealth tionable features that are now observed, of thieves. That is not their position. but in a xworse form, by reason of the fact W5e must take theml as they are. WVe that greater haste and hurry will be inmust take the presumption that they are volved with only one session inr two years. honest; and vwe have only to frame this I have understood, and I believe, and I organic law in, such shape that the wrork certainly hope, that this subject of special of the State can go forward prosperously legislation is to be reached in another and for the people. a better way; that it is not to be aflkected CONSTITUTIONAL CONVENTION. 401 iby the ternl of the members of the Leg- them to a strict accountability. This has islature. There should be restrictions been their line of conduct from the beginplaced upon the power of the Legislature ning of our history. Now if you take fromn on that subject. If that restriction is the people this annual power which they placed upon it then the argument, so far possess to elect their representatives, to as biennial sessions is concerned, falls to elect those who shall represent directly the ground; there is nothing in it. I un- their views in the law-making body, you dertake to say that with biennial sessions restrict the people's power, and you give you will have as much special legislation a power to a governing class as against as ever, if the power remains, as it is now, the governed, which is antagonistic tothe in the Legislature. The same causes, the institutions of our country. same interests and the same motives As to the matter of getting better men eventuate in the same result. under the biennial practice, I cannot uiBut I have an objection to this proposi- derstand that argument. How is it possition that is far beyond this; a proposition ble that better men will be chosen to the that has been well considered and stated Legislature under the biennial system by the gentleman from Allegheny, (Mr. than under the annual system? What White,) a proposition that it does seem to reason is there to suppose, if the motive rae strikes at the very root of this whole and the inducement still are opened; if proceeding. This government is a gov- the power still remains for special legislaernment of the people; it is their govern- tion; if there be still a motive which will mlent. They must have the power of esx- attract the corrupt, why shall we expect pression, some avenue whereby to conduct better men under the one system than unitheir power into and to impress their der the other? Icannot understand it. I ideas upon the various departments of this, have not yet heard an argument that in.their own government; some avenue that duces me to believe it. If there are coris open, and free, and easy of access; and rupt means used whereby men are elected whatever might be my views upon almost to the Legislature, so long as the power is eavery other office or position in the Corn- there vested whereby money gains may inonwealth, the office of legislator I hold be acquired, so long will bad men be there. to be that which, above all others, should The great duty ol this Convention is to be in direct contact with, and in the direct strike at the motive which induces men control of the people. There should be to go there for any such purpose. If that there an avenue always open to the peo- motive be special legislation, strike it pie, whereby the people may give expres- down. But so far as the annual session of' sion to their views and wishes at all times, the Legislature is concerned, I cannot seeand in the easiest possible manner. wherein that matter canaffect it. I cannot. After the revolutionary war many of te how the mere fact of whether men bðe States adopted the plan of biennial ected annually or biennially can affetsessions, and for a number of years bien- be question at all. I have been taught,, nial sessions in those States which were aind 1 believe, that those who come freshl known as the most aristocratic was the from the people are pure. That idea comes; rule. But the people themselves colm- nearer to a true democracy; it is the conlplained of this rule, and broke down that stant change of the people's choice; thes very policy, and inaugurated the policy constant expression of the people's views and practice of annual sessions, which has placed, as they thus are, in direct contact prevailed until within the last five years. with the government that gives the govThis question of biennial sessions, as pre- ernment the stamp of democracy; butif sented here. is one of recent growth, and you have men there who are free from this it will be well for members to look into it control of the people, they soon become, carefully before they vote to impose it as the gentleman from Delaware (Mr. upon the people of Pennsylvania. We Broomall) says, "artists" in legislation; would seem to be going backward in they become skilled men —nen who look making that sort of change. upon law-making as a sort of life-business. Therefore, I say that this, being the le- This is not what a people want. They,itimate channel for the expression of the want their ideas impressed upon the go~ —,eople's will, it should be left under ernment, and they want them freshly imlheircontrol. The jealousy ofthispeople pressed. Itistheir great right,theirgreat as always been exercised as against the safeguard. WVhy, look at it. During the poverning class. They desire to have con- last war how frequently was the very attitrol of those who govern them and to hold tude of the national government affected 26 402 DEBATES OF THE ty the expression of the will of the people requires it. Pennsylvania is no longer a of Pennsylvania and a few other States? bantling; she is no longer a claild she The Legislature of a people gives it its is in her lmanhood. rPwo years is an era expression, and that, too, throughout the of great time and great inmplrovemlent to whole length and breadth of the land. this Commonwealth. We have eseen in The business of this Comnionwealth cer- the developilent of a single iitoerest, tue tainly requires that this body should be oil interest or of the railr.ac interest, in in session nearly all the timle. Take any two years time, matters of sachl importcounty in this State, where there is a great ance that without legislation she w ould activity of business, and you will find her have been crippled. board of conimissioners constantly in ses- Now, I take it, that whilst corporations sion; the business of the county requires should be restricted, and whilst it is the it. I-Iow much more, then, does the Comn- purpose and object of th:is Convenution to mnonwealth require the constant care and throw barriers between them a:nd the peolabor of her one hundred and thirty-three ple, yet there are sonme things that vwe Representatives and Senators? Certainly must take into consideration, atnong which they should meet in session annually at is the fact that legislation for themll is nlethe very least, and not defer the business cessary and requisite; that without legof the people to the second year, wlich islation at times there would be a discrimwill always be a year behind time. ination against corporations of PDnnsylvaThere are many reasons that gentlemen nia and in fivor of those of the neighborsuggest, and they suggest themselves to ing States. VWMhilst we would guard, we me, also, with some force. For instance, mlut also protect where it is just and you leave the question of emergency to proper. Our own interests need protecthe Executive to call the Legislature to- tion; we cannot wait for two yrears. ulnt gether. I do not like that idea. I do not it rmay be that upon the instant somethinmg believe in this one man power. I recol- is requirel, whereby they mnay have fiee lect an experience in this State when power to contend with others, to bring there was a financial crisis, -when, there within our borders that collinerce which was an absolute necessity for a stay law leads to prosperity. being passed through the Legislature, and Gentlemnen, I have stated my vriews if that law had not been passed on the briefly, with my reasons therefor. I bevery day that it -was;, and approved by the lieve that the people should have control Governor, at least five men within my of this branch of the governmlent; that it knowledge would have gone to irretrieva- should be within their hainds, that those ble ruin. Shall we leave such a question who exercised that right shoulcl be inmlleas that to the judgmuent of all Executive? cliately and directly a'menable to thenl, Shall he say that it is not necessary that so that they could either say "well done the Legislature should convene for the hou good and faithful servant, " or retire purpose of taking such a question into nimr from public life. It is the avenue consideration. The Governor might be through which they have their expression. against it or he might be in favor of it. It is the way they affect, not only the govlHe might work ruiml to hundreds of men. ernment of the Commonwiealth, but the It has been well said by our Supreme national governluent of the country, and Court that the commnon law of our land it is proper that this should remain open grows with the necessity and the circum- and free to them, and that they should stances and the situation of men; that it have an annual session and ain annual is a thing of constant growth. Now let us election. see; we have able men upon this floor. I'IMr. LExr. Mr. President: Th'is subdo not want them to invoke the common ject has probably been discussed atm sulilaw too much. Take my friend fiom cient length to satisfy the mlembelrs of thlis York, (IMr. J. S. Black,) and without an Convention; but in consequence of therle express statute defining what the law being, quite recently, a considerable upon the subject is, I am inclined to amount of talk in this neighborhood, and think that he would have the common all in favor of the subject of annual eleclaw against my client; and therefore it is tionsl, and therefore necessarily in favor of necessary that we should restrict and annual sessionsof the Legislature, it senmls limit and declare what the law of the land to me that it becomes us to say somnething is; and it is necessary for that purpose, not with regard to the reasons which have reto wait two years, but to have it annually. cently been given in favor of this particu5We want it. The business of the State lar amendment. CONSTITUTIONAL CONVENTION. 403 The gentleman from Allegheny who Pittsburg Commercial and the members first spoke, (Mir. D. N. White,) and the of this Convention, who appear to be gentleman from Allegheny who followed courting the wishes of the dear people, him, (AIr. J. WT. F. White,) seemned to take into consideration that the legisladiffer in their reasons why it was not ne- tion which created this Convention did cessary to have biennial sessions. One of not authorize us to propose amendments them says that the reason is that we ought for the people to adopt, but the act of 1871 to have general laws, and, therefore, by provided that they should have submithaving general legislation and dispensing ted to them, these people of Pennsylvawith special legislation, we shall require llia, where the source of all our power is. annual sessions. The other gentleman I admit that thhey should have submitted (MIr. J. W. FV.. hite) says, and, I think, to them. the question, shall we have a with a great deal more reason, that w0e Convention to amnend the Constitutiol:? never can dispense with special legisla- And the people responded to that in the tion. We can, I have no doubt, Atr. Chair- affimlative, by a majority of over two hunman, dispense with a great deal of special dred thousand, saying that we shall have legislation by eneral laws, referring those a Convention. For what? To amend the subjects, probably, to clilerent jurisdic- (Constitution; and they delegated that tions; but the time never will come, in poxer, -l-which is inherent in them, to this Pennsylvania, when we can do without Convention. Now let us meet that respecial legislation. This State is too large sponsibility like mnen, and take hold ocf and too varied in its interests ever to get this matter, and take ca:re of these "dea-r along without special legislation; but it people," which it is our duty to do, and is not necessary that the special legisla- not stand here and flatter them to their tion of Pennsylvania should bear the pro- injury. portion to the general legislation of the In the very first section of this article State of fifteen to one, as it now does. WTe which we have adopted, or which we prohave about sixteen hundred pages of leg- pose to submit to the people, I do not islation in our statute books annually, and know which course will be pursued hereof those sixteen hundred about one hun- after, we have provided that the leoisladred are general laws. That proportion tive power shall be vested in a General is too great. Assembly, iwhich shall consist of a Senate But what I rose more particularly to and House of Representatives. speak of, in reference to this argument, is N ow that is where the legislative poxw er this appealing to the virtue, the intelli- of this State has been, it is wvhere it will gence and the infallibility of an election be, and we hlve had ruled in Pennsylvaby the people. I am tired of hearing the nia that all legislative power exists by welfare and the interests of the "dear peo- virtue of that which is not curtailed anda ple" talked about in this Convention. restricted by the ternllsof that instrumentEvery member who does his duty in framl- itself. Wihile that is so, why are we ta-lking an organlic law must not appeal to the ing about any further provisions in this dear people, for if he does his duty in Constitution? Why should we provide mnalking a Constitution for the people of for anything if we are not afraid of thle Pennsylvania will have been done for hiln people and their immediate represencL-,_ forever. IW-e ihave to imeet questions here tives, who have talked about here to-day ancld we lmust m-eet them boldly, and we as not being competent to take care o( lmay consider that our duty at this stage their own interests. of our proceedings will be in defiance of It is by reason of the confidence that tile thle wishes of the people; and this Consti- people have in their representatives, andt tution will be weakened, and many things because they believe they are doing right, left out that ought to be put in, and somle- that a government is strong, and it is o l thing put in that ought to be left out, on that account, and I suppose it will be conaccount of the nienibers of this Conven- cedec, that a republican governmeit tion believing that if those tlings are not which has the confidence of the people, is left out, or if these are put in, the people the strlongest governmlent upon the face of will not sanction it. the earth. But when we talk about this fl eI have before me a copy of the Pitts- quent surrendering of power to the people, burg Cotiiierecitl, which says all that this as the gentleman from Chester (MlrD. DerConvention has clone so far is "tinkering, " lingtoi) did when he offered this amnen('and the "people wvill reject the new Con- nleit, we mean, in Pennsylvania, the surstitution if the rest is so done." Let the rendering of powerinto the handsof a few 404 DEBATES OF THE people whomakepoliticstheirtrade. That the blody politic, as a sort of disease, one business has now become one of the indus- of the necessary evils, to be sure, tlut tries of this State, and one of the industries one that we ought to have as little of as of the nation. People are brought upand possible. Now it is true that every hubred to it; and let me say to the gentlemen man being during the state of his progress who are in favor of annual elections and through life is liable to diseases. Some annual sessions, that the people look upon of them, as the whooping cough, and the the Legislature as the great sore of the nmeasles, and the small pox we can have Commonwealth. I do not mean to speak but once, and if these diseases were rewith disrespect of any representative of peated one year after another on the huthat body, for there are respectable mem- nman system, they would be fatal to its: bers of the Legislature, but there are as strength, and its vigor, and it would lanarrant scoundrels in it as ever disgraced guish and sink under their repeated atthe name of this great Comlmonwealth. tacks. But here is the Pennsylvania The people of Pennsylvania, when they Legislature, an annual infliction, a dissaid, by a majority of hundreds of thou- ease that comes every year to be inflicted sands, that they will, hereafter, elect their upon the people of this State, and if this State Treasurer themselvesinstead of sub- Commnonwealth of Pennsylvania ever mitting it to the Legislature, said they did loses its principles, and the rights of the not believe in the honesty of the Penn- citizens of Pennsylvania should perish, nylvania Legislature. Is it possible, AMr. when the coroner's inquest comnes to sit Chairman, that the members of the Senate upon its defunct body, the verdict will be, and House were nob as competent to de- died of an over dose of legislation. cide who should be the custodian of the Now I say that while I admit what the people's money as the people themselves? first gentleman fromn Allegheny (Mr. D. Had they not better opportunities for TN. White) said, that there are members of knowing? It had become a fact so noto- the Legislature who are bought, I believe rious that that was a subject of purchase what the other gentleman (MAr. J. W. F. and sale in the Pennsylvania Legislature, White) said, that there are nlay of theIn that the people rose up in their strength who are upright men; and the first genand, as I have already said, asserted, by a tleman from Allegheny says that this Conmnajority of hundreds of thousands, that vention has not been tempted, as the Legthey would take the power away fronm the islature istempted at Harrisburg, by these Legislature and place it in their own men, these buyers who go there with full hands. purses. I have been told, although I have Now, sir, what I have to say in refer- never been there-I did, I believe, look ence to this action is, that the people re- in once and see the Pennsylvania Legisgard this body, of which so much has been lature-but when a United States Senasaid upon the floor of this Convention for tor is to be elected, or a State~ Treasurer a few days past, as being a body of their ciosen, or some other great thing is to be own creation; is really a body above done w hich has money in it, in the lanthem, and is the creation of these politi- g;aoLe of the members of that institution, cians, who are ambitious and anxious to each man has an agent at Harrisburg and serve their fellow-citizens by making each agent has a grocery in his room, and nominations in secret places, in cauLcusses, the memlbers of the Legislature are inin State and county conventions; and the vited to this room, and the agent links his representatives of these people are serving hand into the loop of his elbow and says the State of Pennsylvania in the Senate "What do you want; what is your priee?'" and House at Harrisburg to-day, and not Just as lhe goes into the cattle market at the representatives of the people of this West Philadelphia to ask the price of a State. These are the people whose repre- steer or a hog, does the agent say to the sentatives are serving the State of Penn- members of the Legislaure, "what deo sylvania in the Senate and House of you want."1 I undcrstand that that is the Representatives at Harrisburg, not the very language that is used to these menl representatives of the whole people of the They do this unblushingly. State. Let me say to those gentlemen Nowt, sir, other gentlemen may afford, who are appealing for the interest, and on this floor, to say that this Convention the comfort, and the intelligence of the is degrading the name of Pennsylvania.. people of this Commonwealth, that the Why, sir, the name of Pennsylvania for people themselves regard the Pennsyl- the last few years has been degraded in v-u;. J- gislature as a great sore upon the eyes of' the virtuous, honest, intelli CONSTITUTIONAL CONVENTION. 405 gent men of Pennsylvania, and of all the cry of surrendering these powers into the other states, by this exhibition of the Leg- hands of the people, for this is a power islature of Pennsylvania. Therefore I say that never has been in the hands of the that having been treated to this corrup- people themselves. I say to the gentletion, to this sight of a sale of its members, man from Philadelphia (Mr. Biddle) that annually, for the last thirty or forty years, the people of this city have as little to do and even, I believe, since the time that with the making of the members of the we were an organized State, however Legislature fronom this city as we in Bucks mlany years it may be, having been treated county have. It is the same thing throughto this exhibition by the members of the out this Commonwealth. It is done by a Pennsylvania Legislature, let us have it few men, who make it their business. less frequently. I do not pretend that There may be a larger number of these biennial sessions of the Legislature will men in the cities than in the country, but purifythatbodyand makeitaspureas the it is done by a class everywhere; and public desire. I do not pretend that these when the nominations are made by a few nten who are dishonest can ever be made men, then the people take down the dose, honest by a Constitution. The Constitu- sugared over by the name of party, even tion cannot do that. It is not in the power though in the process of deglutition they of things, and we can only say that you make many wry faces. We have been so are not required, gentlemen, by the will accustomed to accept a party ticket that of the people of Pennsylvania, whose del- the people cannot get away from it, and I gates we are, you are not required, gen- believe it will always be so, and hence tlemen, annually to assemble at Harris- that rwe cannot regenerate or purify the burg fobr the purpose of affording this ex- people. I thought, a few days ago, ini hibition to the people of this State. I say hearing an argument upon anotherDropoit is demoralizing; it is, to a great extent, sition, that the mission of this Convenpernicious. I say it is demoralizing. The tion was not to make a Constitution so conduct of certain members of the Legis- much as to regenerate the people, which lature who control many of its acts, and is beyond the poiwer and scope of any of who are solnetimes made to be a majority our duties, as I understand it. of that body, is such as we ought not, Mr. GoWENN. Mr. Chairman: We are when we come here to frame an organic told that over the entrance to certain relaw, to be afraid to meet the responsibility gions, which I earnestly trust will never of denouncing. It is when people have be explored by any of the members of confidence in their government that a re- this Convention, there is inscribed the publican formr of government is strong; following: "Who enters here leaves hope but when they learn to distrust, it is the behind." I think it would be well if we wealkest kind of a government. It then would inscribe over the door of this hall. becomes weak from the mere necessity the following words: "Who enters here and inherent qualities of it,and fallsapart can never be President of the United of its own weight. States." [Laughter.] I have made a It is because I want the people to have calculation, and, taking the average age confidence in the governmient, and be- of the members of this Convention to lieve that it is doing something towards be about thirty, and assuming that politiit, in the way of purifying its legislation, cal ambition will be dead at seventy, and so strengthening the government in there remains then but forty years within that direction, that I am in favor of bi- which any of us can be called to occupy ennial sessions. I know what the people that high position I have assumed that be of our county, and, probably of our dis fore that time the length of the term of the tri'ct2-altliough I don't know whether 1 President of the United States will be represent a district or not, and I won't much enlarged, and I have assumed that therefore say anything except about the within that time some citizen occupying counnty-I know very well that these that high position will so well conduct tired people do not want to have this himself that he will be elected to a second power taken out of their own hands every term. I therefore come to the conclusion year. They are willing to have as little that within these forty years it is utterly of it as possible, and as little of the Legis- impossible that any more than five memlature as possible. bers of this Convention can be elected to These are some of my reasons, and I be President of the United States. And I would not have spoken upon this subject ama in favor of selecting these five by lot, at all, but I got so tired of hearing this and permitting them to make all the elo 406 DEBATES OF THE quent appeals to the good sense of the amendment, and in favor of the amendgreat people of this great Commonwealth. ment of the gentlemlan from Chester, (Mr. [Laughter.] Darlington,) because I believe that it is I merely want to say, i\Ir. Chairman, not the wish of *the people of Pennsylthat I shall perform mny duty as my con- vania to nmake changes in the mlachinery science dictates it to be done, with an of their government. I believe that they equanimity undisturbed by any threats desire to adhere to the form of governof popular displeasure. I care more for ment and to the machinery of government the welfare of the people than I do for as it has come down to us frollm our fathers their votes, and I hope God may give me and that all these changes whiUh indigrace to keep thle resolution I have cate a purpose to make radical revolutions fbrned, that they shall never have an op- in the machinery of governmlent are wrong portunity of testifying, either for or in spirit and purpose, and for that reason tagainst mLe, by their votes. I do not be- I shall oppose this pending aumendmlent. lieve that we should be frightened out of I believe that it is the desire of the peoour propriety by the threats of the dis- ple of this State that we shall reform Mxpleasure of the people, and I shall pursue isting evils, and just so far as it is necesmy course undisturbed by any such sary to accormplish that purpose they will threats, well satisfied and- firmly con- consent to changes and no further; that vinced that if my course in this Conven- all changes that are proposed to be mlade tion is not such asto command the respect are necessary for the purpose of eradicatof the people, I shall not be guilty of the ing existing evils will be not satisfactory baseness of beseeching it, and that what- to the people, and therefore ought not to ever may be written uponl my tomlb, the be adopted by this Convention. -Now epitaph "here lies a demagogue" shall what are the evils that have been talked never be there inscribed. of in connection with this question of 3Mr. MAANNA. Mr. Chairman: If a mere biennial and annual sessions? For that expression of the opinion that the people is the point of view from which we have of Pennsylvania desire to reform certain to regard it. W~hat evils are to be remethings and do not desire certain other died by this change, thlisverygreat change, things to be done is a threat, then I shall which amounts, in fact, to a revolution in persist in making threats here as long as the political machinery of this State? I occupy a seat on this floor. Gentlemen What evils are alleged, by those who adthis morning seemed to be very sensitive vocate biennial elections, to exist and to aIs to allusions to the sentiment of the nled eradication? Simply special legispeople, and I'have been gravely taken to lation and too mLuch legislation. If there task by a public paper of this city for has been any other naimed I have not making threats in advance, because I ven- lheard it. turec to refer to the wishes of the people. Biennial elections are certainlv not neWhy, Mr. Chairlan, I supposed that this cessary to prevent special legislation, nor Convention itself was the creature of the will it, in any material manner, affect spewishes of the people. I came here myself cial leislation. If notnecessary then for with that expectation,that this Convention that purpose, the argument falls to the was called at the wish ofthepeople,and that ground, and has no force whatever. It is it is the creature of the people of the State very easy to prevent special legislation, or of Pennsylvania, bound by every principle certainly all imp roper special leg'islation, of honor and integrity to reflect their without touching elections in any one way wishes so far as they may be known. If or another, and therefore this is not the that is making threats, for one I propose proper way of correcting tlhat evil. That to continue making them. I came here evil is unquestionably a great evil, and with the understanding and purpose, so one which, I presume, this Convention far as in me lies, to reflect the wishes of will eradicate, or failirng to do so, it will the people of the Senatorial clistrictwhich have f:iled to discharge the duty which I have, in part, the honor to represent, the people expect it to discharge. and I will give no vote, if in my place The other objection is that of too mnuch here, that does not reflect their wishes so legislation. The argument of the gentlefar as I understand them. man from Montgomery, (Mr.,) if And, sir, because of this desire to reflect it has any force at all, is against all legisthe wishes of the people of that district, lation, for lie says: "Give us just as little and the people of the entire State of Penn- legislation as you can." That argumllenlt sylvania, I shall vote against the pending would seem to dispense with all legislation. CONSTITUTIONAL CONVENTION. 407 If the Legislature of Pennsylvania has been State, and no matter what provision you so injurious ald pernicious a body, and may make with regard to the first elechas so disgraced the State as some gentle- tion of representatives,this thing will occtlur men seenm too hink, let us, on the princi- in the history of Pennsylvania, that:a pie of the gentlemnan fiomn Biontgoinery, Senator will be elected two years before (Mr. ~,) abolish it altogether. That he takes his seat, and consequently when would appear to be his remedy for the he does take his seat he will not represent existing evils. The question of special the people of Pennsylvania. legislation uwill doubtless be severely Another argume nt in favor of biennial dealt -ewith hlre, so that that point, so far elections is, that we shall secure a better.as it relates to bilenial sessions, will be class of representatives. That is an argu-:enmioved from the arguments in favor of muent which one gentlemaan makes. Anthat plan. other gentleman follows it up, and for The great objection to biennial elections illustration, refers to some other features is so vwell stated by the gentleman fronm of the system and cites instances of great Allegheny county (MTr. -) that I do blessings coming from the system in other not propose to add to it except to state, places, and wbat great good short sessions that to ymy tmind, it is a very great objec- are effecting, for example, in Ncew Engtion to this biennial scheme; that it will land. That reference to Noew England take away- front the people the power to was mlost unfortunate, for in that section exprelss their sentimnents upon any great of the country they have annual elections question that nmay arise. Take, for in-'and very large delegations in their legisstance, the case of a Senatorof the United lative bodies; besides which, in their LegStates. The term of office of the honora- islatures they have mlen of the highest able John Scott extends to March, 1875. grade of intelligence, capaecity and experi.Should this Convention, in its wisdomrn, ence. In the Legislature of Massaclhusetts submit a new Constitution to the State, in they educate the rren who are to sit in the time to be voted for at the next election, national cabinet in the future tilne. It aui(l this anmendment adopting biennial scarcely ever occurs that there is not sessions shlould prevail, then the members found in the Legislature of M'assachusetts of the Legislature who Nwill vote on the some such name as Adams, and Hoar, and question of lwho shall fill the vacancy Boutwell, and mnen of equal capacity. causecl by thle expiration of Mr. Scott's The reference to New England was, thereterm sill be elected at that election which fore, most unfortunate. If we look to adopLt tlihe Constitution, and you will New England for an example of what have presented the peculiar spectacle of a should be done,we shall find there no talk Legislature elected in 1873 voting into of going into biennial sessions. They unthle office of U.nited States Senator a man derstand too well there the privilege of who cannot take his seat before BAtarch, having power and holding it in their own 1875. Are gentlemen prepared to take hands, rather than permitting men tohold away fromt the people the power of ex- office for two years. pressing' their sentiments? It looks al- But the chief and most serious objection m-ost like it, judging from the iliustra- to this is, that it proposes an entire change tion I have given as to the election of a in the machinery of the government of'U'nited States Senator. Just think of it; Pennsylvania. The people do not desire a Legislatture elected in 1873 deciding such a change; they have no expectation upon the election. of the United States that it will be nmade, and it will excite opSenator w-v:ho takes his seat, in lWashing- position against the work of this Conventon, in 1875! Under this state of affairs tion in every direction. you will see occurring in relation to Now, a single word as to how mluch Pennsylvania what has occurred in Ohio, may be trusted to the Legislature. As I and other States, under this system of said a moment ago, the Legislature of bliennial elections; you will have a United Pennsylvania, bad as it is, took the initiaStates Senator who will hold his seat for tory steps for the calling of this Convensix years in disregard of the wishes of the tion, which, it has been said,was called by people, as is no doubt the case with the a great popular vote. I deny the charge people of Ohio, whose Senator does not that the people of Pennsylvania-a marepresent the wishes of the people of that jority of the voters I mean-has called State, and never did for any longer period this Convention, or by any act of theirs than six months. Under similar circum- expressed any approbation of it. There stances the sarne thing will occur in any was less than a majority of the people of 408 DEBATES OF THE Pennsylvania voting on this question, so The question being upon the motion, it that the calling of this Convention was was agreed. to. due to this much abused and despised So the committee rose. Legrislature of Pennsylvania, n IN CONVENTION. When the first proposition to call the Convention was submitted to the Legisla- Mr. BLACK. Mr. President: The comture, the opponents of the measure tri- mittee of the whole has had under conumphantly rose and asked what petitions sideration the report of the Committee on lad come from the people asking for such Legislature; they have instructed nme to a Convention, There had not been a report progress, and ask leave to sit again. word uttered in favor of any such Con- Leave was granted. vention by any State Convention of either Mr, J. R, READ moved that the Conpolitical party when the Legislature first vention do now adjourn, which wasagreecd broached the Idea. to. Mr, KAINE. I move that the committee So the Convention, at one o'clock and rise, report progress and aJk leave to sit fifty-three minutes, adjourned to to-ror — again, row morning at eleven o'clock, CONSTITUTIONAL CONVENTION. 409 TWENTY-EIGHTH DAY. TUESDAY, January 2R, 1873. INTOXICATING LIQUORS. The Convention lret at eleven o'clock Mr. TURRELL prese nted a petition fro n A, 1. M. the citizens of Susquehanna county, prayRev. JAMES W. CURRY offered prayer, ing foir a prohibitory clause in the Constias fo)llows: tution against the sale of intoxicating liWe acknowledge Thee, 0 God, to be the qiuors, which was referred to the Corngiver of all good. We acknowledge also mittee on the Judiciary. that in Thee we live, move and have our IN COMMITTEE OF THEI WHOLE. continual being. We are dependent creaT'he Convention then went into comtures, depending upon Thee for even the very breath we breathe. Trherefore we mlittee of the whlole, Mr. Chas. A. Black would not presume -to come into Thy preo- in the chair, and entered into the further consideration of the second section of the selce this morning with any merits of article reported b>y the Comrnittee on our own, or depending upon anything article reported y the Committee o which we have done or merited, but we Legislature. come in the all prevailing name of Jesus, THHlE LEGISLATIVE ARTICLE. Thine only well beloved Son; and for The CHAIRMAN. When the committee His sake alone we beseech Thee to ftor- rose yesterday, the question pending was give us all the ingratitude of our hearts. on the arendrent of the gentleman from Make us thankful for the privileges we Chester, (Mr. Darlington,) striking olt enjoy this day. Make us thankful that the words, "every two years," and inwe live in a land o(f Bibles. Make us serting the word "annually;" and the thankful, O God, that we live in a land of amendment to that amendment, offered liberty, where it is our privilege to wor- by the gentleman from York, (.Mr. Cochship Thee according to the dictates of our ran,) inserting after the word "annually'' own consciences; none daring to molest the words, "until the year 1876, and every us or Inake us afraid. Make us thankful two years thereafter." also, we beseech Thee, for all the tempo- Mir. MNANN. Mr. Chairman: It seems ral and spiritual blessings Thou art be- to me, though I do not know how it may Stowing ulpon us from day to day. To strike others, that it is not good taste for this end we beseech Thee, our Father the rnoembers elected to this Convention and our God, to bless the Chief Execu- to spend their lime in reviling the Reptive ofournited Station. Bless the Congress of resentatives elected to another body. theUnitelStates. Bless thejudiciary of'This Convention owes its origin to the the United States. Bless the various Gov- same source that gives rise to the Legisernors of the United States of America; lative body at Harrisburg. I do not unand especially, O God, bless the Chief Ex- derstand, under these circumstances, how ecutive of our own Commonwealth, en- one body is to be composed of wise, pure tering upon his new duties, a stranger, and honorable gentlemen, and the other perhaps, to many things. Help him to precisely the reverse. I have studied no decide rightly and justly. Help him, 0 school of philosophy that has taught me God, to perfor~m his duties with fidelity to believe that such a thingis possible. I to Th'ee and the people whom he repre- therefore clearly entertain the conviction ~snts. We iask Thy blessing now upon that it is not good taste for the members us as a (Convention. Be with us in our of this Convention to indulge in such redeliberations, and finally save us through marks as have been uttered upoI this Jesus Christ, our Lord. Amen. floor. I feel that such remarks have been The Journal of yesterday was then read entirely uncalled for, and that it will be and approved. time enough for us to assert them when 410 DEBATES OF THE our work here is concluded. It has been now rememnlbeer, not a single petition was two anid a-half months since this Conven- presented to the Legislature asking that tion was called in session, and I ask any they should purge themselves of that cordelegate upon this floor what result has ruptinginfluence. It originated there, in been accomplished, up to this time, of the Le-islature itself, and received nearly which he can feel proud. The Legisla- the unanimous vote of both Houses of tLire of Pennsylvania is composed of the that body. Nearly every Senator and representatives of the people of the State, Representative was in favor of getting ridI and I say, in the face of the declarations of this corrupt influence. The people, it that have been made upon this floor, that is true, supported this reform amlendit has ever reflected the wishes of the peo- ment, but its origin was ini the Legislaple of the State, and has ever shown a ture; and, as Isaid yesterday, this reforlin great interest and great willingness to Convention that is now holdin- its sesrepresent the wishes of the people. A sions in this city, was given to the people few years ago the Legislature itself, by by legislative action. There were no its own action, seeing the corruption petitions sent up to the Legislature, likely to grow out of legislating on asking for its creation, but it was the reso many subjects in the same bill, sub- sult of the honesty and integrity of the initted an amenldmentllt hich urohibits melmters of the Legislature thenemseives ihis log-rolling business, and required that originated this movement and called that the nature of every bill should be this Convention into being. /9,ow, I reclearly expressed in its title. The rep- peat, that there can be no possible good resentatives of the people submnitted that in getting up an animosity or rivalry be-:.s a reformatory mlleasure, and it ori- tween this Convention and the Legislaginlated entirely within the legisla- ture of the State. But there can be a tive body itself. A short time after- great dealof harmacecotlplished. Itwill wards they presented another anmend- lbe exceedingly unfortunate if the meriImeit to the people, which was designed bers of the Legislature should b(econme opto subserve the interests of the people posed to the work of the Cornvention, as and correct abuses in tile legislative t.o possible good can arise out of it, nor is body. It prohibited the:passage, by the there any possible necessity ibr any such L.e gi slattlre, of any ac(t granztil,g Ip)ner animosity and unfriendly feeling. This and ti rivilees where the ant hority to Convention can do all its work in the grant such po wer or P!rivileges has s eerl nmost perfect mlanner, and wiihout any or 11n'iv hereafcer he o onfeitrred (in the sleh antagonisrm. I noticed in a imorncourts of this Cornrlllonwealih. It wasto illg paper of yesterday a car(l fronm a strip itself of this great power, but they nlember of the present. Iegislature whi( did it in the interest of the peoplei whm is looked riponl by a great many people as thely represented; an'd in 1871, seeirng the a reforl:er, and he, says in that card that iniiproper influences which hawd been the Legislature of Pennsylvania is aixs},ro,lght to bear in the selection of a iours to reforin certain elec-tion abuses. Treasurer of this Conitlonvealth, thev lWVhy should thi's Convention mot then suggested another arellnedment totlie peo- act in harmnony with that boiy?'I lie ple, and strippedt itself again of even evils which we are called upori to refornm,,r'eater po-wer —that of selecting a person I take it ilrao what I have heard firom the to, fill the iimportant oflice of State Trea- geLeral public, mainly relate to special stirer. Arid here, 1r. Chairrrlla,, I desire legislation and of impluure eor fraudulent to correct the gentlerrian who spoke yes- electio1ns. I thirnk I have stated the three ierdav, when he saidt that the people of evils that called this Conventionil ilto bethis State took this power out of the hands ing. I ask any delegate upon this floor of ti e Legislature. On the contrary, the if these three evils cannot be entirely people of the State did nothing of the eradicated, root and branch, witlolitcrekind. I lhad the honor to be a member ating any antagonism to the Legislatare (of the Legislature in 1571, and notwith- of the State? If they catn, let us do it. standing all that has been said upon this Let us do our work in the most effective floor, I say noew that I held it to be an mrranner that it can be done. There is lhonor, and I hold it so yet. As far as I can nothing in the way of doing it, anid there CONSTITUTIONAL CONVENTION. 411 is not the slightost occasion for disparag- gie mnonth, how much more objectionable ing another body of equal importance and would it be to allow themLl to misreDreselnt of equal dignity. the people for an entire year. The argluow the questione n t is irresistible. Again, it is always Now the qluestion-before the Convenobjectionable to inalke great chtwges, uvntion at this timne is, shall the Imierybers of the Lefgisllature be elected yearly or bi- less the ariguments in their favor are clear and unquestionable. Better, by far, alennially? One of the amendments prolow old practices to remain as they are, om ttee istti hepoe he unless there is a clear and unquestionedc commilttee, is tlihat the people shall havee this privilege for fonr y iears, andi then it znt'' ~~that they oughgt to be changed. Mlake no shall. be taken awav front them, and elect changes, unless the changes are for the every two years. I ani opposed to this better, I think, is one of the soundest doe-: inendtuent for the reasons stated(l estertrines wthich anv'Le'islatllre can adopt. I day, that it will cause a revolution in the. have ur-ed my views at lengtt before the Imachiner of government. The only arcomm,~ittee, and subinit: Whether, with guirients that have been mnade in favor ofcomittee, an, it ese amenments a tat ot tes ll the views that have been brought to thiese armendments are, that ortner States hav+e tried this plan slucces~sfully, and t hat bear in favor of the proposition, such art;uave tried this pvlane successfullyie, and that it will tend to lessen, the legislation of this glments have been given as to satisfy any State. I submit to the Convention, this reasonable iuind? If they have nor, the anendinent to tiie amendment clearly State has been able to manage its own ought to be voted down, and the amendlirfairs after an experience of mIany years. mert sustained. It has been able to set examples, rather than to follow themrn; and I hope it is ca- Mr. SLIMPsoN. Mr. Chairman: WVithpable ofsettiingan exanpile now. I have out desiring to dietract froln the force of heard that this Convention is able to pre- the argument of imy colleague fromi the sent to the people of Pennsylvania a Con- First district, I desire to say to the Constitution that shall not follow the example vention an d to the committee, that I shall of any other State, but that shall be an ex- vote for biennial elections, and against the arrple for all the other States for fifty pending amnendment, for the reasons so years -to come. No evil has been pre- w ell stated by the gentleman from Columsented lhere growing out of annual ses- bia, by the gentleman from Indiana, andl sions. All the evils that have been point- by the gentlenrlan fromn Philadelphia, (Mr. ed to, are iiot the outgrowth of annual Gowen,) who have addressed the Colnvensessions. The objections to biennial ses- tion, and for a reason that has not been sious have been so fully and so thoroughly stated upon the floor of this Convenion,, stated, that it is not worth while to take up to this hour. It is in explanation of imp the timze of the Convention in repeat- my views, that I take the floor now, anrid illar thelm. It has beern said upon this desire to say to the comrmnlittee, that in adfloor, and it has not been denied, that in dition to the reasons presented so strongOhio, notwithstanding they hold bien- ly and forci bly by these three gentlemen, nial elections, they have had anrnual ses- I shall vote against the amenrdments, besions, and some of the meornbers of this cause in our practical experience in the Convention, in advocating biennial elec- Congress of the United States, annual tions, have also advocated annual ses- sessions have proved really beneficial. sions. The people of Pennsylvania will M embers of this Convention have argued not be content that mIermbers elected this against annual sessions and( annual elecfall shall legislate for theri for two years tions, because of the varied interests of to come. It was ascertained a few days our State. How is it then with the Uniago, that if the Legislature should at- ted States? Froml the foundation of the tenirpt to assemble after the election of the government, the members of the lower new- Legislature, for the purposeof legis- house of Congress have been elected biaiting ftor a single lronth upon some ira- ennially, alid to this llollr, not a word of portant question, that it would be the objection, not a word of unfriendly conmsource of great danger to the public peace. ment has been heard, arnd no argument If, then, it is unsafe to allow the Legisla- has been adduced in ftvor of annual electure to misrepresent tile people for a sin- tions for the members of that branch of 412 DEBATES OF THE Congress. It is a system that has worked are told( by the inlvestigations that are now perfectly satisfactory, so far as I am going on that this country has bleen robbed able to perceive, throughout the en- of over $l00,000,000. If that is not glory tire country, and are not the interests etnough for the gentlemen who are in favor of the United States quite as varied of such Legislatures as that and as we have anid quite as extensive as those of had of late years, it seems to me that their our own Cornmnonwealth? The inter- arlibition would be difficult to satisfy. ests of the general government include I believe sir, that if we have biennial not only those of our own Common- sessions one-half (of Othello's occupation wealth, but those within the whole cour- will e one; that the third house can will ae gone; thiat the third house casnnot try, fromn Maine, on the north, to Texas, subsist unless they are an subsist Uinless they are annlually fed at the on the south, and from the Atlantic to the crib of State. I in fvor ofthe people crib of State. I aun in favor of the people Pacific. Interests that we have not dreamacting directly upon this matter, in such ed of in our own Cornmdnwealth, are rep- a way that they should get rid of these resented upon the floor of the Congress of that barnacles that have been han-rging about the United States. For these reasons, Mr. Chairman, I shall vote against both f'. Chairan, I shall vote aainst bh coine a by-word and a reproach. It is the amiendments which have been offered said that we should have the pteople near to this section, arid in favor of the propous; that these dear people are su. lh that sitiol as it came fromt the Committee on as it cae fro the Committee on we should have them cotstaintly in our eithe Legislature. the L~egislature. brace. Why, sir, no than ever found fau{lt Mr. BoYD. Tr. Chairman: Ishnall vote +with electing a President of the United for biennial elections, arid I shall follow States every four years. That has worked that vote up by voting for biennial ses- vwell and we have had no revolution.'The sions. Iwill dio so because I believe there gentlemrnan from Potter, (Nr. Mann,) the is staniring between the people and the veteran fromn the interior, tells us that if Legislature a body of tleri known as poli- we change these sessions froin annual into ticians, and notwithstanding gentlemen biennial sessions of the Legislature it will fresh front the House of Represefntatives work a revolution. If it is a revolution it tell us that there is no guile ill that [body, will be a peaceable and happy one, a revoand that there is rio corruption there, I lution in the right direction. If it is wise believe there is. And I believe with him, to elect members of thl Legislature amnu-,the greatest, grandest and nIoblest Rdnran ally is it not equally wise to elect a Presiof us all, ily friend (Mr. J. S. Black) in dent of the United States every year? It the corner here, when he declared, a few it is wise to elect annually, why is it not short months ago, to the people of thie wise to elect United States Senators every United States, that corruption was lik a year? Why not elect members of Contidal wave sweeping -over the country, gress annually? W'hy not elect our Govanid was tip to the very feet of the jlti- ernor annually, and why not bring it down ciary. I believe that if reformation is to to every office that is held? begin anywhere by this body it is in the But our friends on the other side say Legislature. Why should gentlemen for- they are fond of frequently embracing the get that it has been said the Legislature dear people. WVell, if gentlemen are so of Pennsylvania, for the paltry sumn of fond of it we are affording them a rinag$50,000,created the Credit Mobilier corpo- niticent opportunity of doing so, for the ration, which was refused to be done by reason that if a man is elected biennially the Legislature of New York for less than there is a year to educate and train hiln $200,000 and over, by the Legislature of for his duties, and it certainly lneelts the New Jersey for less than $150,000? But objection that is urged here that he will when they got over to the Legislature of be going to the Legislature green arid inPennsylvania, it was done f,)r the insig- experienced if these frequent changes are ifticant sum of $50,000, anrid then it made. iB electinii galian every two years was transported to 2\aine, and it ran you then have one year for his training. its slinmy course over the entire Union. Take the speeches that we have heard Aye, sir, fromn Maaine to the Pacific it has here, all of which will be faithfully recorrupted mern in the highest walks of life, Ip)rted and put in print, and read them to as well as those in the lowest, until we these men after their election, and it will CONSTITUTIONAL CONVENTION. 413 give them a mighty schooling and train- Legislature annually, andi have annual ing. They will tell them how they should sessions, that our Legisl:ature will be in devote their time and service to the dear the futture as it has beeon ir tile past, and people; how they ought to love themn and therefore the effect will te that there is ihow they ought to emtbrace thelmn. Why, no occasion for ref,,rm-ation in that body. sir, they will corse fresherfrom the peop)le I amn pprfectly aware that they sayc that in thatway than if they areelectedin Octo- t{here is to be reforlll in the legislation of ter and go there in January. that b )dy, btut thow that refrmn is to be I regretexceedinglythat rnyfriendfromn aceotnpli!hiei, arid in what wayit is to be Philadelphia, (Mr. Biddle,)and I lnust ci- brought atout has never beel even sugverge upon this point, and that I anl under esteI or pilited out. Indeed I am a the necessity of voting differently from little atprelensive that llyfriend from hirrl on this occasion, because I considor Clester (Mr. )arlinttoli) is here oph:iln sound, solid arnd square. I adirieni posed to every reform or chalnge in the his address; it won my heart, but not my Constitutiol. I-Ie seems to conceive the hea;d; and when I consiaer his decinra- iiea that, because he was in the last Contions of love and affection for the people, yen ion and helped to btLld that ConstiI could appreciate it, because I know that tution, the Constitution under which we ihe lives in this nietroDolis, in this proud are now living is the ronk of aues, and he C'ity of the State of Pennsylvania, where fancies that it is that rock of ages that you have intelligence, intellect, culture, )ou find in the hymn books, I" Rock of reftinernent, and everything that is caicu- ages, rock of ages, &c." He appears thus lated to adorn. I can readily see how such far to be against any change, for he has a constituency will elect members of the voted against everything like a change Logislature in the future, as they have in from the beginning of our session up to the past, that he would love to admire and the present otrinent. It seems to him love to behold when he would chance to that ttlere is nothing to be done in the visit the Legislature and look upon the way of reforllation. Whly, sir, if we representatives from this city; he would, vote here that there are to be nnur.al sesin beholding them, with folded armls de- sions of the Legislature, what are we to clare: " Thank God that I am a Pennsvl- reflnl? What is there to refr m? ulrvanian; proud that I am an American ly the next mnst irtrant thitig is tiat citizen, to have such representatives rep- of the judiciary, anil if there be no reresenrting the proud and noble city of formation needed in the Legislature surePhiladelphia [laughter] as we have here ly there will be none in the judiciary, upon this floor." Why, sir, he mllst re- even thongh it be true, as lv friend fron mneniber that he should not be selfish in York (MIr. T. S. Black) says, that thle this matter. We of the rural districts can tidal wave of corruption has reachaed to enjoy no such ecstasy, for we select mrren the very feet of the judiciary. It would from their farms, who have never learned seenL to ine that we can wait a while, unthe art and mystery of presenting the fine, til it gets at least knee-deep, before it will sleek appearance in the Legislature that need reformtation. the gentlemen frorr this city do who feed, ~Now, -i r, I admit the importance of the fatten and dress so magnificently on $600 qu( still that we have been considering or $S00 a year. I do not wonder that he here. In my hunible judgment it is tile should be eloquent against the innovation turning point of the action of this body. of such a pleasure, and so I presume it I draw a line, and I think I see it diswill be the same way with other gentle- tinctly that if we vote for annual sessions, men who have like constituencies. those who vote in that way Inean that No, sir. There has been nothing urged there shall be no refobrt, and those of us here that has done aught but confirm the who vote for biennial sessions, f,,r removconviction with which I came into this inu the lobbS —the third house-from liarbody, that if a reformation is needed any- risburg and restricting the(ir occupatinn, where it is in the Legislature. These will be fairly entitled to the claim of regentlemen who oppose this reforrration formers in this body. Why, when last do not suggest even what reformation is week the first proposition was submnitted needed. I presume that ift we elect the to this body and considered by it-I mean, 414 DEBATES OF THE sir, the able report presented here by the shall vote for biennial elections and for gentleman froim Centre, (Mr. Ml'Allister,) biennial sessions; and furthermore, I chairman of the Cotnlnittee on Suffrage, shall, if any gentleman moves to that when that report recommended tihat we effect, vote fobr an increase of the nurnmber should have a spring election not only of legislators, so that irien who go there because it was a time honored institution and tempt these saints-for that is what throughout the State, but because it was we are told. The gentlemnan from Allethe desire of that committee that the glherny (M\[r. D. N. White) was inlthe Legspring elections, at least, should be re- islature, and he states theywere tempted; moved from the slum and the mire of that rich corporations, presidents of great politics; even that proposition was op- railroads come there with bags of gold and )posed, and who was the leader of the op- tenlpt themr to swerve front their duty position? My friend, General Darlington, and buy their votes-they will have too [laughter,] from Chester county. He many saints to buy. Imarshalled the gallant balld-though I amnt not going to stop to discuss the small it was-in opposition to that time question whether the seducer or the sehonored election. HIewantedallthe elec- duced is the greater sinner, no morethall tions to be held in the fall. He thought I shall discuss the question whether the there were too many elections. Noow he thief or the receiver is the greatest crirniwants annual elections when we ask for ral. All I know is, that both evils exist, biennial. and I furthermore know that they will be Well, they fought gallantly. He is a deferred to every two years instead of veteran, able, equal to any emergency, every one year. Furtherlore, I knov bhiut he went down, down, and I rejoice to that the occupation of these men will be say by a vote tiat was crushing, over- gone, and then the people will hve free whlle~linc.r And here I find tlhat thie access to their members of the Legislasamle jgentleman takltes comlmlarnd of the tture, and all legitimate legislation can be forces in opposition to the second section accomplished without the instrumentalithat we are considering, and I find that ty of these intermediate men. he has about the same number of troops, I doubt not, sir, that there have been the samie nmen in his:army. rvTrue, they men there who hlave offered large sums lhave been re-uniformed arind re-equipped, of money for legislation. The atmosbut they come in here like hobling mili- phere is filled with it. The minds of the tia, infirm, and with mwore or less of the people of the State are thoroughly iminvalid corps amoing them, and tlley are bhued with it, and they expect a change. IIow battling here upon this proposition What account can we render to our peoof the Comniittee on Legislature. Is it ple when we go home and say that the envy, is it jealousy, is it because that re- Legislature, which has been regarded. as port has not emlanated from the right corrupt, and as needing reformation more quarter.? -Why, surely w-e must be above than anything in the State, has been actunil considerations of that kind. Why ally fastened upon them for the future, this criticism about gaarnmnar? Sotlle by continuing annual sessions and annugentlelman talk hers about grammar; do at elections, so that it of necessity follows they expect us to stop and parse the in- that they shall have the same legislation dicative mood and present tense? Whenl in the future as in the past. a question of such vital mnoiment and im- I maintain that this is the pivot uponl portance is to be acted upon by this comri- which this matter is to turn, as to whether mittee let us not decide first what we we are to be successful in our reformamean to do and then parse and fritter tion. I care not about expense, because, away our timre and waste our strength in as I have already intimated, I shall vote considerations of that kind. I prefer a for an increase of the number of niemvote, and if that vote shall be in favor of bers of the Legislature, although the annual sessions, then I am prepared to committee has not recommended it. I vote for an adjournment sine die, for if shall do so because it is a notoril-us fact there is no occasion for a reformt in the that in the eastern States, wher, they Legislature there is no occasion for a re- have legislative bodies, large in,temiform elsewhere, and therefore it is that I ber, we never hear of Legislatures being, CONSTITUTIONAL CONVENTION. 415 bought and sold. We do not hear of an most decidedly in their own view, when eastern Senator being bought through the this Convention was called and the memLegislature, as we have heard of them bers elected. Ibelieve that the people of being bought through the Pennsylvania my own section of the State, and I believe Legislature. Why? Because, if our also that a majority of the thoughtful, innumber of representatives is doubled, you telligent citizens of this Commonwealth, will see, sir, that the amount of money when they voted to call this Convention, required to go around to that additional and to elect members, did so with the number will become exceedingly thin be- firm determination that this should be one fore it reaches the last one, and will hard- of the reforms that they desired to be acly be adequate to gobble up a body of complished. I believe that they-had that such a size; and therefore, as another clearly in view when this Convention was safeguard and protection, I shall vote for called; and I do not think that we can an increased number of the mieinbers of properly disregard the will of the people the Legislature. And more, I shall vote upon this or any other subject. I do not for a large increase of pay over and above believe in pandering to any feelings of that reported by the committee, because sentiment, but I do believe that if we can it is the plain duty of the people who ask ascertain what the will of the people is, it their pubilc servants to serve theni to pay is our duty, as representatives of them, them a competence sufficient for the sup- to endeavor to see it carried into effect. port of themselves and their families I have no idea that we can, by sitting here while they are in the discharge of any length of time, discover universal their public duty. If you do not, it panaceas for governmental ills. I have no is a tacit invitation that they shall such belief; but I do believe thatit isour steal the balance of their livelihood, main duty here, not to make discoveries and I am in favor of no such measure as or inventions, but to put into the form of would tempt men or induce them to wise constitutional provisions, the will of swerve from their high trust. the people upon these subjects. So far as I have been able to ascertain that will, it MIr. HAY. ~Mr. Chairmlan: It is not mlly iS in favor of biennial sessions, and also purpose to lengthen the discussion upon biennial elections, I do not know of any this subject. It has already continued, it subject upon which it has seemed to ne seemus to me, long enough for all prcti- that the people were mnore united than the cal purposes, and the minds of the mem- lessenin of the nuber of the sessions of bers must be pretty well made up by this the Legislaturen time, if they were not before, how they propose to vote, and I dislike, for one, It is not necessary to recapitulate any very much, to see the discussion of any of the arguments that have been argued subject continued here, after a substan- here, either for or against the amendtial agreement has been reached; but, as ment. It seems to me that there can be two of my colleagues from the county hardly anything more said on the subwhich I, in part, represent, yesterday an- ject, and I only desire to give my own nounced themselves in favor of annual views in consequence of the action of my elections and annual sessions of the Legis- colleagues upon this question. For mylature, I deem it my duty, as represent- self, I ani in favor both of biennial elecing, in part, the same district, to say that tions and biennial sessions of the Legisthe members from that district are not lature, with certain restrictions, which I agreed upon that question. Of my own will presently mention. mind, I am firmly convinced that it is necessary for us to have biennial elections Mr. TEMPLE. Mr. Chairman: My friend of members of the Legislature, and bien- fron Montgomery (Mr. Boyd) and mynial sessions also; as that question has self agree as to what should be the result been discussed in connection with the of the action of the Convention upon this other, I also will express my opinion up- question, but I cannot agree with his on it. reasoning upon it. I believe this is one of those questions I do not believe that it should be the which has been argued by the people object of this Convention to pass any unthemselves, and I believe that it is one of necessary criticism upon the Legislature the things which' was most clearly and of Pennsylvania. I do not think it be 416 DEBATES OF THE comes the dignity of this body to do that. Legislature to meet the exigencies of the If there are not good and sufficient rea- occasion. We all know that if such a sons why the present Constitution of great exigency as this should arise it Pennsylvania should be changed in that is within the power, and I trust this Condirection, we should leave it as it is. The vention will.leave it in the power, of the argument of the gentleman from Mont- Governor to convene an extra session of gomery (Mr. Boyd) is based entirely the Legislature, whenever he may deemn upon the fact of the present corruption of it proper, giving the reason for the asthe Legislature. He seems to think that sembling of the same. they are so, because a certain class of peo- Therefore, you can see that those genpie in Pennsylvania are easy of access, tlemen who are in favor of biennial elecand ready to be purchased at any time tions and of annual sessions of the Legisthat the politicians may think proper to lature, have no real good substantial approach them. Now, if the reformations ground to base their arguments upon. which are expected by the people from Why should we not place it in the Conthis body, are inaugurated; if other re- stitution, that if we have biennial elecformations in reference both to the Legis- tion we shall have biennial sessions of lature and to the judiciary, and to other the Legislature, giving to the Governor, branches of our government take place, however, the high privilege of calling exthen the very arguments used by gen- tra sessions when he may deem it necestlemen here in favor of these biennial sary for the public good, setting out, in sessions, I think, fall to the ground, for his proclamation, the reasons for calling the reason that, if there is a reformation such extra session; and I would have it which takes place, which will lead to the go so far as to give a specification of all selection of honest representatives of the laws or enactments to be passed upon by people, then there is no fear, in my judg- that extra session. ment, of separating the Legislature too Now, Mr. Chairman, another question far from the people. Why should there be arises, which is as to whether biennial a fear of electing honest and competent sessions of the Legislature will remove persons in 1876, who should hold their any further from the people either house positions, as legislators, for the term of of the Legislature; whether that great two years? If they are honest and incor- " bulwark," as my friend from Montgomruptible, there is no necessity of warning ery (Mr. Boyd) called it —the "thlrd themn against the approaches of these poli- house" of Legislature, will be removed ticians. If they are corrupt, if they are from the Capitol at Harrisburg. No dishonest men, they will seek out the amount of lobbying can ever reach the "third house," as it has been called ideas and the votes of an honest and inhere by certain gentlemen, and they will corruptible legislator. If a man is honnot wait to be sought for by the persons est no man would ever approach him. conposing that "third house." As the gentleman from Allegheny (Mr. Therefore you will see that it altogether D. N. White) said the other day, if a depends upon the honesty and competen- man is honest and competent, the very cy of persons who are selected for the Leg- moment the head of a railroad corporaislature. If we select honest and compe- tion went to him with his bag of gold, tent men to represent us in the Legisla- and said I want you to do something that ture of Pennsylvania-and by saying is against the interests of the people of this, I cast no reflection upon the present this State-he would have been spurned; Legislature or the Legislatures which and the very fact that he did not do it, have existed heretofore-if we elect hon- the very fact that he gave it his quacsi est and competent men, what possible consent or approval, is sufficient to conreason can there be given why these per- demn him in the eyes of honest men, and sons should not be elected for a term of place him in the very category of the two years? Some persons say they are man who offered him the bag of gold. It separated so far from the people that lies deeper than the questionas towhether there might be great and important ques- we shall have biennial sessions of the tions arising within the two years, and it Legislature. It rests with the people, would demand the election of another after all, this great fundamental princi CONSTITUTIONAL CONVENTION. 417 pie which we are discussing rests with was necessary that legislators shoult be the people of this Comllonwedllthi, as to trained for their biisiness. I confess that whether it is going t( do go,od or harm. suchl latnguage is entirely inconiprehensiif adopted as part of this Con titution. ble to me. I can well understand why If the people are sure that they are elect- students, who are directing their attening honest and comiipetent men to the tiot to certain ends, should need training; Legislature they cannot fear any ill, or and I can also well undl(erstand why perany ill-advised legislation. sons enceavoring to acquire some trade, should need trainingr; but why legisl~As I said in the first place,I am in favor lgisl.ors should be trained, why pers,,is who of this proposition for another reasonwhiche trained, why p are selected frion the great body of the I intended to have mentioned, but it h1sas people, to mnake laws for them —men who been so well said by my colleague fro people, to make laws for -men who oufghlt to be selected for their honesty, inPhiladelphia (Mr. Simpson) that I deein tegrity and ability, should first be trained it unnecessary to mention it at this timrle. t b before they can perform their duties, is a I think the people look to us for a chanlge in thisnk the people look to us on proposition I cannot understand. If my in this direction. Some gentlemen on frien~ds Inean by " training" the mere acthe floor say that it has never been called for by the people. I think that a very ion of knowleg to the clerical portion of their diuties, that is of.asf r e.o.,'course another thing; but I beg gentleMr. Chairman, for the people of this Com- course another thing; but I beg gentlemonwealth have discussed it. They men to consider the lact, that it is tl:is have said that they have had too'" training" of legislators that has caused all the eviis of legislation in this State and niuch legislatuon. Some gentlemlen sayN' others. Tlhose who ha-ve goneto the Capiit is as easy for persons interested. Thosewho oneto Capiin legislationl to go to Harrisburg - tol sruded the legislatos are Dzn~. ~~~tlhose "traine1" nien who have trained ocaer the new system as it has been under the representatives from the path of honthe old. I know that, is the case; it is a th a depretrtatihes fro m the pat of h are en- esty and divertee thenm from their duty. ~otorious lact that certairn persons are ennotorious fact that certain perysons aree Let these gentlemen elected by the peogag(red in Harrisburg every winter or whenever the Legislatuire is in session, in pie e od coon sens, ad i erthe eftIrt either to obtain legislation, or, ljtted in quiet tO gO tO Harrisburg n as tile language is, to be " let alone" by attend to their busiiess, all woild be well. Zt ~~~~~~'.And when a bill is presented for the conother parties. When all this shall have been done away with, whel the people sideration of the Legislature, the repre-,of the State elect honest arid competent settirie wollld take that bill and scr-ul men, riley can have ino fear of special or tinize it, ald Ilake up his rind whetle. ncorrpt 3eycislanhavetiefeaior. ofspeciaorit is for the good of the people or not; Let him vote as his intelmigence and hias ieon1 Another question asked here is this: science direct, without this outsidt-. Have the people, by any significant act or ellee,eithler by corporationsor indivi-elm s, aemand, ever asked any such a change If this were done, sir, we would Rot h ave as this? I believe that such a resolution halt so much dishtonest and ill-aLdvised has never been offered in the Legislature ]egislation. Therefore, wheo I h-ear- gen-at lest it never has to ny knowledge. tlenlen use the word "training,," in conI believe there have been no petitions or nection with the Legislature, t stmilkes memorials sent up for it, but the Legis- me that it is a pc culialy uthnppy word lature has given the people the opportuni- to be used ill that connectiodu, o,( -one- tha,,ty of deciding whether a Co,nvention should not be lrouuht within, the croishould be called or not. The Convention ciis of this hall. I donet b-livr,ln tran., was called, and being here in session we irIg legislators. If men are holear, theyought to 0o the very best that we can for knw their duties a rnd ie thwl iheyt the people. honest, they are the aore susept.li~e to, Something hlas been said here of the these (jutside "ieked i nltpqnDes. kWe, do "trainig"' of the Iegislature; aid I heard not n ant tiene wiho ie,: ljable t, t. taken no less distih-guished a gentleman than in hanmd and "it.i&ned,'j-inl ts t ia.mn.-er, the gentlerran firom Columbia (Mr. Buck- atid who will perMt.i;' trnerl a' " i apalew) use language to the effect that it proach thernt 27 418 DEBATES OF THE I am, therefore, in favor of the article very great amount of reason in this oppoas submitted by the commtttee. sition to biennial sessions and biennial Mr. DE FRANcE. Mr. Chairman: I elections. There are, I believe, twentyhave only a word or two to say on this two States out of the thirty-seven comsubject. I shall vote for the amendment posing the Union which have biennial of the gentleman from York (Mr. Coch- sessions, and they seem to work well. If ran.) one election and one session every two Speaking of the corruption of the Leg- years will do for our State, it will be much islature, I am quite sure that when the cheaper and much better, for it will do expression is used it is not with the inten- away, to a great extent, with this 1" third tion of hurting anybody's feelings here. house" influence which does so much Certainly it is not intended that gentle- harm now. I believe some gentleman men upon this floor should be stigmatized, has said that the biennial scheme has not or should consider himself at all affected, worked well in Ohio. Well, I live within by the remarks on this subject. I should twelve miles of the Ohio line, and have presume that fully a quorum of the mem- lived there all imy life, and have not heard bers of this Convention have served, at a word of the corplaints that are spoken one time or another, in the State Legisla- of here about the calling of special sesture; and hence it would be a grave mis- sions. I think it works well, and I know understanding if gentlemen were to feel of nobody who favors a change back to the themselves personally affected by the ob- old plan. servations regarding the troubles in the One weird more about this legislative Legislature. corruption. When I say that the PennReferring to these troubles I will quote sylvania Legislature has acted corruptly, a remark made by the Secretary of this I do not mean, for a moment, that the disCommronwealth in a little book now lying tinguished gentleman from Indiana, (Mr. on my desk. He says: "When the Leg- White,) or the no less distinguished genislature meets, and long before, the mem- tlenan from Allegheny, (Mr. D.N.White,) bers elect are besieged by the candidates has either of them acted corruptly. The and their friends; and it is notorious that very reverse is true. There are many the legislators are bought and sold in the most honorable and high minded gentleunseemly and disgraceful scramble which men in that body. But, notwithstanding occurs at Harrisburg at the annual elec- this, the strictures are correct so far as tion for State Treasurer." they apply to those who are neither honorable nor high minded, nor even comIt may not be improper to refer to that. h mionly honest. If, then, the biennial It would seem that the mnemnbers of the scheme is a help, or likely to prove a help Legislature are got at in very different in purifying the legislative body, let us ways. According to the account of my b friend from Delaware, (Mr. Broomall,) M P thev are besieged from all quarters, and Mr. HUNSICKER. I do not desire to are attacked directly and indirectly; and participate in this discussion; and in the therefore it will be no slight portion of few words I have to say, I shall not ocour duty to fix such provisions in the cupy the time of the committee with the Constitution as will neutralize these in- main subject matter of the debate. I fimences as fiar as possible, ill the matter think the subject has been very fully disof restricting special legislation. cussed, and that the debate should be In regard to the article now before the concluded by the chairman of the ComHouse, it seems to me we ought to give a mittee on Legislature (Mr. I'Veagh.) good deal of weight to the recorlmenda- But I rise, sir, to deprecate this effort tions of the committee. That report has to antagonize the Legislature against this oeen made by gentlemen of thought and body. I think the remarks have been experience, and who have carefully con- entirely out of place and out of taste; sidered the points involved in the consid- and I do not see that they have been calleration of the question now before us. I ed for by anything that has transpired. shall therefore vote for the article as it This Convention would never have comes to us from the Committee on Leg- been convened had it not been for the isiation. It occurs to me that there is no Legislature. of Pennsylvania. In 1870 CONSTITUTIONAL CONVENTION. 419 they passed an act submitting to the peo- Boyd,) in regard to the origin of the Credit p e the question whether there should or Mobilier company, which is now undernot be a Convention called to draft going investigation before committees in amendments to the Constitution. That both houses of Congress. movement was seconded by the people. The gentleman declared that the manaSo, sir, it was that Legislature that set gers of the Credit Mobilier first applied this ball of reform in motion. I take it to the New York Legislature for a charthat every member on this floor can vote ter and were refused, though they proffereither for or against biennial terms or ed a bribe of three hundred thousand sessions without reflecting, in the slight- dollars; that they next went to the Legisdegree, upon the character of the repre- lature of New Jersey, with a heavy bribe sentatives of the State in the Legislature. in their hands, and were again repulsed; That there have been corruptions in the and that they then bought up the PennLegislature of this and other States is sylvania Legislature for one-sixth of the admitted, and admitted even by the Leg- sum which had been refused by the Legisisliiture itself; but that that body is lature of New York. It is true that the composed of the corruptest and foulest Credit Mobilier company was organized mlembers of the community is an asper- under a charter passed by the Pennsylsion which I think is unjust, unfounded, vania Legislature, but that charter was if indeed, I may not say malicious. I not obtained in the manner stated by the think it comes with an ill grace from us, gentleman from Montgomery. as the representatives of the people, to come here and hold up our hands in hi fh I have lately come into possession of the true history of the origin of the corand holy horror at the corruptions of an- the true history of the origin of the rother representative body representing poratmon, which is just now the cause of the same people as we do, and thus, by so much scandal in high places, and it is implication at least, averring our own im- substantially this A prominet demor~aculate purity. ~cratic politician of this State, who has held the position of Chief Clerk in both houses of our State Legislature, met Mr. mony with the law-making power of this n Duff Green, on one occasion, and Mr. Comonwealth. Letths Convention do Green was, as usual, full of speculative its duty, and present such a Constitution theories. His let hobby, upon the occaas will meet the requirements and appro- sion referred to, was a project for creating sion referred to, was a project for creating bation of the people. Let it reform the in this country a corporation simnilar to abuses, and inaugurate a frame of gov- the Credit Mobilier of France. The pracernment, which will protect the people tical Pennsylvania politician seized upou fron the encroachments of power, and the ideas of Mr. Green, and framed a charnmake them secure in the possession and ter for a company, bearing the title of the enjoymentof their rights; andlet us cease Credit Mobilier. The bill was slipped this abuse of the Legislature, and then when our work is presented to the people the Pennsylvania Legislature, and no mofor their action, we will have an all inney was paid to secure its passage. The stead of an antagonist in the Legislature. stead of an antagonist in the Legislature charter was very comprehensive, conferI desire, sir, to disown any antagonism ring the most ample powers, and capable or hostility to the Legislature in casting of being applied to almost any corprate my vote for biennial terms and sessions. purpose. A meeting of the corporators.Mr. H. G. SMITH. Mr. Chairman: I do was held in the city of Philadelp)hia, and not rise to take part in the general discus- a board of directors chosen. All this board sion of the subject now before the com- did was to vote each director thirty shares mittee. I shall not undertake to defend of "paid up" stock, at one thousand dlolthe Legislature of Pennsylvania from the lars a share, with the privilege of taking charges of corruption which have been so a still larger amount at its par value. freely brought against it, nor shall I add The directors, being upon the groun d floor to the long list of accusations already of the concern, did not pay anything like'made. I merely desire to correct a mis- full value for the "paid up" shares which take made by the humorous and sarcas- they voted to themselves. At a subsetic gentleman from Montgomery, (J. W. quent meeting of the directors the name 420 DEBATES O1' THIE of the compa ny was changed to the Penn- skeleton charters which have been fresylvania Fiscal Agency; but this aelency quently pressed through the Penns\ 1never engaged in any enterprise. Allthis vania Legislature, sometimes by menenhappened before provision had been made bers and sometinmes by lobbyists. I reby Congress for building the Pacific rail. member being upon the floor of the State road. When that enterprise was unsd;r- Senate one day, when an inexperienced taken, soine enterprising individual stole country member introduced four- or five the charter of the dormant Fiscal Agency, bills, providing for such charters, in one together with the stock-book and other batch. That was entirely too muchl for papers belonging to the concern. The the gravity of the Senate, and all the bills purloiner of these seemingly valueless were laughed out of the chamber. These things carried them over to the city of skeleton charters contain the most liberlI New York, and sold them to the men who grants of ccrporate powers. They are atorganized, upon a stolen charter, the col- ticles of nmerchandise, and you can go to pany which, under the name of Credit Mo- certain parties in this city, and elsexwhere, bilier,operated( so largely and so profitably and buy a charter, under which,milllst within the Pacific railroad company. To any conceivable business may be earlied get rid of the " paid up " stock which. the on. The expected action of this ConvelnPennsvlvanria directors had voted to them- tion, linmiting the powers of the Legislaselves, was an object with the new pos- ture, may htve increased the price of sessors of the charter, and they employed these skeletonr charters, but they have an agentto buy up these shares. The gen- heretofore been hawked about at very tleman who filamed the bill, and passed it cheap rates. One duty of this C(onventhrough the Pennsylvania Legislature, tion will be, to provide that all sueh ('hrsold his thirty shares of "paid up" stock ters shall become invalid, unless legitifor the insignificant sum of two hundred mate operations shall have begun unoer and seventy dollars. He informed me them before a certain date. Such a prothat he once took the trouble of counting vision would be wise, and will dcAubt;e.Ss up how much the shares he sold, and the be made. additional shares he was entitled to re- Mr. CRAIG. Mr. Chairman: If I had ceive at par value, would have amounted heretofore offerded by making inyself to when Credit Mobilier stock was at its too often heard in this Convertion, I highest. His calculation footed up $1,- would not now intrude myself upon it at. 100,000, no account being taken by himl of a time when it is weary. On this sl)bject some odd thousands of dollars. there is much that might be said whichx This is a veritable history of the origin has not been said-much has beer said of the Credit Mobilier company, which which ought not to have been said, and has involved in the intricate meshes of much which, to my mind, is totally irits iniquitous proceedings so many mIer- relevant to the question before us. bers of Ckongress, and covered some of the I do not think that whatever system most prominent among them with shame may be adopted-whether biennial or anand disgrace. Thestoryis a strange one, nual, either as to elections or as to sesbut I tell it as I received it from the framer sions-thatthe millennium will come in of the charter, anld there is no reason fol the otie case or chaos in the other. doubting his statement. The Pennsyl- It is a subject which naturally reso>lves vania Legislature has sins enough to ans- itself into three departments. First, shall wer for, and no unfounded accusation this Convention endeavor to obtain a highshould be brought against that body.- er standard of intelligence in the matter Whatever else it may have been guilty of legislation? Second, shall we eilde vof, it cannot be justly charged with hay- or to obtain a higher standard of legislaing sold itself to the managers of the tive virtue? Third, how shall we best Credit Mobilier for the paltry suml of conform legislation to the public will? fifty thousand dollars. The charter, un- I do not hesitate to sound here the kleyder which that organization carried out note of my piece, by stating tha.t I aln its nefarious schemes, was stolen bodily, unqualifiedly in favor of biennial elecas I have stated, and sold for an insignifi- tions and annual sessions; anrd I trust cant sum of money. It was similar to that I am able to give a reason for the CONSTITUTIONAL CONVENTION. 421 hone snd faith that are within me. It for so long a period. The effect of this imay not seem conclusive to the minds of plan, therefore, upon the people, is to proother gentlemen, but it is satisfactory to duce care in the selection of their repremyself. sentative when his term is extended. The first of these three questions-as But as it is now, just look at it. Why any to whether we shall attempt the attain- bummer who can make himself disagreeanent of a higher standard of intelligence able at a township election has been in the Legislature-naturally, also, di- thought fit to becote a candidate for the vides itself into three departments. In Legislature; and I agree to that judgthe first place we are to consider the effect ment-for it is well known that the mem-,of each system upon the people; then its hers of the Legislature have had nothing effect upon the representative; and lastly to do but sit quietly in their seats and see upon the legislation which is to result. that a motion is made when their little local bill comes before the House. Can In relation to the first of these points, any marl who has had the misfortune to wve raturally direct our attention to exwerience as our best guide and teachero sit in that body easily forget how these little matters are passed through the It has been stated by one of the mlembers Legislazture I see a smile overspreadof this Convention, who very appropriate- t ing the countenance of our honorable ly called attention to the fact, that we Clerk. Andwellitmay, henrenie elect our representatives to Congress folt Cler And well it ay, when he ree the term of two years. The gerntlernan ben's how he has sat, as I have done, week llight have added that the iant~erests in after week, and witnessed the process of furtherance of awhich Congres' legislates special legislation. It does not require a e no eaer to te earths and f high standard of intelligence to sit in the;are no dearer to the hearths and horn es of 0 the people of Pennsylvanian than alre the Legislature and enact special laws under interests legislated upon by the Legisla- the system there practiced. But the reature of our own State. Yet they are soning which would not disturb the anelected for two years, and no matn has nual elections would not disturb the sysever thought that any evil could arise temofspeciallegislationunderwhich our ~frlom suclh a systetmr. State has grown great, and rich, and populous, and the great energy of the ConmIll the next place we elect our Senators Inonwealth been developed. for the term of three years, to perform precisely the same labor and the same As to the representative himself, elected duties which are performed by the rep- for two years, he has ample opportunity resentative. And we are here informed, to sit down and master the study of the by a gentleman h should kno, that great questions which are to come before by a gentleman who should know, that the Senare is a conservative body. It is a him But the representative elected for hecek ullpn the igcrnorance an l upon the only one year has no time or opportunity errorsof the more popular body. Now, to investigate these subjects. He says to errors of the more popular body. Now, if it be wise to elect a Senator for three hisef, therefore, that he will not, an hie hroes not. years, and the effect of such term is to tnake him a conservative, then by the ap- We have been practicing under the anplication of the argument, mathematical, nual system for a great many years, and which is so great a favorite on the other nothing is more generally conceded than side (,f this chamber, we would expect it that it has not been a success in elevating to be equally successful in making con- the standard of legislative intelligence. servative those elected to the other House. Let us now turn to the question of how And I should therefore say we ought to we shall obtain a higher standard of legiselect the representative for two years. lative virtue. And here I must be perAnd why? I will speak of its effect upon mitted to enter my protest against this the people. Thefirstsubject(of consider- wholesale denunciation of the members ation which presents itself to the minds of the Legislature. As good men as live of the people, when they come to select and breathe to-day in this Commonwealth their Senator, is, that he will have to serve have been members of that Legislature, them for a period of three years, and that and have been maligned and abused as it will not do to make any mistake in the the greatest rogues that have ever sitt in selection of a man who is to serve them it. The laws of a country are the result 422 DEBATES OF THE of the average sentiment of the country. they may fall, or error into which they They are a fair index to the average of in- may be led by demagogues. It is not tellect and of morals in the State. The every expression of impatience, for all people are the masters, and their servants these things belong to the tenancy froln will be like the masters. This is unpal- year to year, which have been our law atable; it is unpopular; but I say, sir, it and our practice in the past, and which is truth. Who is there to stand before gentlemen desire to continue. Thepoputhis Convention and the people, and to lar will is none of these fleeting and farnconfess the sins of the people? Not one. cied and fluctuating things, but it is that Yet there lies the root of all this evil. It conviction of their understanding which is our demoralizing, our disgraceful sys- comes of the sober, second thought, when tern of electioneering. Everything is ac- they have had time for reflection, for pascomplished by money; love of money and sions to cool down. It is that steady avarice, which, when it takes possession growth in knowledge and in wisdom of the human soul, leaves no room for which comes of long continued thought virtue; it takes possession of the whole and of application to a particular subject. nlan. It is the love of money which is Then I will add, sir, that the representhe root of all evil. This is the insane tatives might come together annually, root of which our people have eaten. It that they may consult upon the great inis the prolific cause of all our legislative terests of Pennsylvania. A frequent regriefs and sorrows and humiliations. currence to the principles of liberty is Now, sir, if a doctor were called to treat said to warm the human heart on that a case of periodical fits, and reduced the subject, and the frequent re. urrence to recurrence of these fits to one-half, he the Interests of the State will inform the would think that he had accomplished a understanding about that which is to be triumph which would make him famous done. If we adopt biennial elections, the in his profession; and if we, sir, can re- people have time if they make a mistake d uce these periodical fits of demoralization to re-trace their steps. The popular will of the people into one-half the number, is not every outburst of passion and prewe will have accomplished a triumph for judice and whim and caprice, but all these which thepeoplewill be grateful. Let us things are represented, as I said, in the treat our diseasedbodypoliticpreciselyas tenancy fromL year to year, and are not the doctor would treat the diseased physi- represented in the s3 ste.m of bienlnial cal body, I know of no other nostrum elections. which we can administer, in this case, Now, sir, as I anticipated, the machinwhich will come so near reaching the case ery of my throat, whi'h has been derangas the one proposed. That is simply that ed for days, will not hold out to say more, these spirits who delight to revel in the de- and I suppose you are glad of it. I conmoralization and debauchery of elections elude 1in. piece, therefore, like all good shall not have such frequent opportunities music with the key-note, biennial electo engage in our annual row. VVhy, the tions and annual sessions. very purpose of separating the fall elec- Mr. MACVEAGHa. Mr. Chairman: It tion from the spring election was that we appears that there is no other person who should have one little election in which desires the floor, and I rise therefore with there should be no such demoralization. a diffidence which is not affected, to close But then how shall we best conform this debate. It has taken a wide range, legislation to the public will? And here and I, at least, am glad that it has done it seems to me that a great mistake is so. The committee has been privileged made. What is the public will? It is not to listen to gentlemen of great experience every fluctuating wind that blows where- and of great ability, who gave their reasoever it listeth and no man can tell sons for the faith they entertained. Yet whence it cometh or whither it goeth. It I cannot forbear entreating the members is not every whim or caprice or prejudice of the corirnittee who have conceived it which may find entrance into the mrlinds to be their duty to oppose this section of of the people. It is not every explosion the report, not only to give me the poor of passion which may cloud their intel- tribute of confidence in nmy sincerity, for lects. It is not every mistake into which that I know they will not withhold fro mn CONSTITUTIONAL CONVENTION. 423 me, as I do not withhold it from any of Buckalew,) of the gentleman from Potthem, but also to do better, to strive after ter, (Mr. Mann,) of the gentleman fronm that magnanimity in its best' and classic Greene, (Mr. Purinan,) and of the many sense, which enables the mind to receive other gentlemen who are here who have arguments and suggestions against its rendered the same service to the people own pre-judgment, and to retain its capa- of Pennsylvania. We have never doubtcity to be convinced. Weak-minded men ed that in all the days of our history honI know are vain of their consistency be- orable, honest, good men have adorned cause they have few other sources of the sessions of the State Legislature ill pride; but the gentlemen of this commit- abundance, and such men adorn it totee who have opposed this report can day. It is not, therefore, with any desire well afford to change their opinions, for to wound the susceptibilities of any pertheir ability and capacity are amply suffi- son, but from the earnest conviction that cient to justify them in any change their what we say is the truth, that we declare, reason is convinced they ought to make; notwithstanding the good ilien who have and it is to their reason only that, for a been there and are there now, the legisfew moments, I beg permission to ad- lation of this State, for private advantage, dress myself. has been and is often matter of bargain I trtust we will always remember one and sale. IUnfortunately this is true of the Legislature of almost every Ainerithing, from the beginning to the end of the Legislature of almost every A ilthis Convention, that everv member here can State, and even, as is being proven, of the national Legislature also. is actuated by precisely the samne aim, I that we all desire to reach the same end gentlemen, this is the crying evil, the of our journey, even though we endeavor renacing peril of free institutions in to do so by travelling different pathways. Anierica. This is the deadly cancer If we will bear this recollection alwavs which is eating into the very heart of the with us it will help, I am sure, to prevent y politic, and we will not help ourthose asperities of language which tend selves by cryilng that we are not sick; we will do no -ood to anybody by robing ourso powerfully to create harshnesses of by robing ou feeling. For one I am not at all surprised selves in the robes of an unrighteous irthat the gentlemnen of the Constitution dignation and declaring that we are as ewho haxve been members of the Peunsyl- healthy, as sound and as pure as in the vania Legislature, have felt sensitive at early days of the Republic. It is not so. The whole heart is sick and the whole the - ciiimwhchaebhead faint with a vile disease, which is upon that body. And yet they ought to not new, indeed, but grows more eynicai know-for I am sure, in this respect, I rew me, but grows aore cynical and thereftbe more hateful each day1 that speak the unanimous opinion of those of the world lives in the light of a christian us who have not been called to that post of public duty-that we are not only glad civilization. to have them with us and toreap the bene- The pecuniary corruption of legislative fit of their legislative experience, but we bodies, the sale of legislation for private are also glad and proud to recognize in advantage-this is the gravest evil which them,without exception, so far as I know, afflicts us. Unlikemercy, Mr. Chairman, men who have gone through the tempta- it curses him who gives and him who tions of that service and have kept intact takes. It is erecting an impassable bartheirmnanly honor. There are many ques- rier in the pathway of our public service tions upon which I differ from the hon- which will soon be a bar to any man who orable gentleman from Indiana, (Mr. will not put a money value upon the honor Harry White,) and many more upon and the virtue of a genitleman. One day which I expect to differ from him, but I it demands pay to prevent the repeal of shall never cease to feel grateful that in a a law already enacted. Another day it long term of service in our State Legisla- whines for compensation for supporting ture he has shown that that service is not some just measure of public utility, perincompatible with an unspotted name. haps even of the sacred charity of the!tate. What I say of him I say of the gentleman The third (lay it openly exposes votes for fromn Allegheny, (Mr. D. N. White,) of sale as at a public auction to the highest the gentleman from Columbia, (Mr. bidder. While these factsarepa ent and 244 DEBATES OF THE known it is not unkindness to anybody, kind. My friend has an ingenious way, it is not harsh criticism of anybody, which at the end of a debate, of spearing a genindiuces us to speak oftheln and to try, in tlerman who does not agree with him. I some sinall way, to alleviate or to diminish simply. ask that nmy denial be entered them. upon the Journal. We (do not-wonder that members of the Mr. MACVEAGH. I understoo l the genLegislature resent, with some heat, these tlealan to agree with me. If he has imptptations. All sensible men recognize changed his opinions since yesterday atthutc this crime is but one form of a great ternoon, I am sorry to hear it. He was -ocial evil which now dishonors our Amer- certainly in favor of the report at that ican society. Our passionate rage to get time. I understood him to say that these rich, our degrading enthronement of umere evils which he wished to cure w s large\wea th i l the highest place of honor, with- ly traceable to the fact that trades unions oit reference to the methods of its attain- were allowed to prohibit apprenticeships, bment or the methods of its use, is the and that young men would no longer source of our trouble. learn trades, but persisted in trying to KWhlo rebukes illicit gain to-day? In get into a store, to take the place of some what counting-houses, in what bank par- woran, or to get employmnent from a raillors, at what board of directors, on way company. If he did not say that what stock exchange, in how many law- Uy ears ieceived me dreadfully. Do I yers' offices, in how many preachers' pl- misrepresent anybody? I trust any genpits, is illicit gain to-day rebuked? These tiemanrl in the course of debate wil feel gentlermen feel what is unquestionably the fullest freedom to correct any word true, that there is no moral distincltion that I say. I certainly thought the genhieween the base betrayal of legislative tleman said so, but if he did not, and trust for private gain, and the base be- somebody else did say it, I am sorry for trayal of a private corporate trust for pri- ny mistake; but I still repeat, I think I vate gain; between the sale of a vote in heard him say exactly what I attributed the Legislature and the sale of a vote at a to him. board of directors; between gambling in Another remedy that seems to me legislation and gambling in stocks; and equally futile is the denial of special legyet, while it is always wise to remember islation. I beg that members' minds will the source of evil, it is not wise to refuse no longer be deceived upon that subject. to do what we can to correct the evil in Nine-tenths of the special legislation in that department with which we are spe- this State has been entirely local, and enciallv commissioned to deal. We are not tirely honest. Iam opposed to it, because here to remedy evils which afflict society, it is petty and unnecessary, and absorbs though as we know the source of our the time of memlbers, which ought to be trouble we ought not to wonder that cor- devoted to general subjects; but if we ruplion stalks into our legislative halls propose to get rid of corruption by getting and arrays itself in the purple robes of rid of special legislation, in my judgment the people's sovereignty, for our repre- we are at least five years behind the sentatives will never be better than we rogues whom we are endeavoring to overare, and from this uncleansed fountain take. Any careful student of our legiscrystal waters will never flow. W'e must lationr will discover that for at least that not, however, regard as sufficient some of period, the great frauds which have been the remedies which have been proposed. acco.nplished have been accomplished ir Several of them I think would be very general ternms and in the form of general futile. My friendfrom Philadelphia (Mr. laws, and if we are to imagine that we Gowen) proposes to remedy this evil by remedy any great menacing evil by deaololsiling trades unions, and preventing nyring special legislation-though I anm in atny more young men from keeping store favor of restricting it, as I have said —it or going into the railway business. would be as well that we had never met. Mr. (OwEN. I beg the gentleman's No remedy will be thorough, and effect pardon-I did not say anything of the a perfect cure in the Legislature, until kind. 1 desire the gentleman to give me there is a precedent remedy, and a thorliberty to say, that I said nothing of the ough cure effected in our own lives at CONSTITUTIONAL CONVENTION. 425 home, and in the aims and standards we vote against biennial sessions given here maintain in our priv-ate and business re- to-(iay, however honorable may be the lations. It is not because of the distrust motive of the gentleman who casts it-is of popular government that the commit- given to tighten the hold of these men tee reported this section. For my own upon the political action of their fellowpart, I never was so sanguine of our so- citizens. Another profession has grown cietv, of our politics, of our civilization, up in consequence of this abuse, and that as I am to-day. He reads history but is a class of professional lobbyists, whose carelessly, who does not'discern broad living depends upon the buying and the lines of demarcation, that mark out the selling of votes in Legislatures. w ork confided to the great nations of work confided to the great nations o I beg the thoughtful and good gentlemodern times, and it has always seoned men who oppose this report to consider to me very clear that, in the providential that while the Coonvention is divided, and order fior the education of the world, thele the Convention is divided, and as honorable and pure and wise men are work of America was to illustrate and defend the democracy of the future I upon the one side of this question as upon fend the democracy of the future. In the other; I beg the opponents of this secthat mission, I have no doubt, she will be tion to consider one fact, that, if the lobby emninently successful. I not only believe was brought here to-day, every vote would in popular governlrlent here, but I believe be given for the amendment of the gentleit is destined to be extended throughout man from Chester (Mr. Dalington.) 1 the world, for it is literal truth, and not the worldc fo it is literal truth, and not venture to say that every corrupt politician poetic fiancy, that in a great city, and every corrupt lobbyist " Onward through the ages, in a legislative capital, would join the choOne inicreasing purpose runs, rus of ayes for this amendment and vote And the thoughts of men are widened, With the process of the suns." as a unit against this report. It is only because I desire to correct an Not only does it lessen the need for proevil and a peril to popular government, fessional politicians in great cities, but it that I amn in favor of this aneninent; does more. By reducing the number of and it certainly is no distrust of the peo- elections it increases the political activity pie which animates the gentlemen who ofhonorable citizens. We haveto be pracfavor this section. We'are here at their tical in these matters, and take human command. They have commissioned us, nature as it is. The average American and they have assemrbled us together. It citizen will not attend primary elections, is by their warrant that we are imet, and will not take an active part in the operathe special work given us to do, is to lop tion of our political achinery, while elecoff the dead limbs, to cut away the poi- tions are so numerous and so frequent as sonous vines which cling around this they are. noble growth, that its goodly branches In the next place, it tends to give you may be a home for singing birds, and a better men for your legislative servants. shade for weary men for a thousand years; Much has been said here about the necesand all that we do in that direction is ex- sity of a yearly accountability to the peopressly subject to their express approval. pie. I do not believe the people desire Because we may not do everything, the yearly accountability of rogues. I should we not do what little we can? think they wish to secure the service of With the growth of pecuniary corrup- better men, and it is impossible to expect tion in legislative bodies, two other evils men of character and position to submit have appeared. One is the creation of a themselves to a yearly struggle for so class of professional and corrupt politi- small an office as this. I venture to say cilans in the great cities, a considerable that arnong the gentlemen who oppose portion of whose sustenance is derived this report the chairman would have diffifroim the nomination and the election of culty in finding a single member who corrupt members of the Legislature.- would agree to serve his constituents in Now, I would make the labors of these the House of Representatives at Harrisgentlemen as light, as infrequent and as burg, even under the new Constitution, unprofitable as possible; and every vote if every year the labor of re-election, and cast for the amendment of the gentleman the fatigue and expense and annoyance from Chester, (Mr. Darlington;) every of it are to recur. 426 DEBATES OF THE The election of every other year, is to of the people in reference to the reformns Congressmen an intolerable burden, and they hope to receive at our hands. But I persons who have other means of earning trust no adverse vote will be given, but an honest living, will not every twelve rather that we will help them and they months, in the great need that American will help us in diminishing this appalling society now has for trained intelligence evil. If we do our duty, I do not doubt and active energy, and for industry and that the people who are behind this Conhonor, bring their talents into the market vention, will do their duty in full season. of the public favor, and submit themselves In the noble words of Burke, which recur to be selected or rejected once a year. to me this morning as strangely appliThen you not only diminish the number cable to our condition, if we help to of elections, and not only secure a better remove these impediments to a purer class of men as candidates, and not only and a better public life, we may conweaken the hold of the corrupt politician, fidently trust that the people will be and help to destroy the profession of the "more careful in the future before they lobbyist, but you help to diminish the place their power in base or incapable mere mass and volume of legislation and hands. In their nominations to office, that, it seemns to me, is a very great ad- hereafter, they will not trust the exvantage. Inany system of law, change- ercise of authority as a pitiful job, but and uncertai ntv,whichis born of change- as a holy function, not according to their are great evils, and we are not in want of sordid selfish interests, but they will seek law. It seems to me, that the committee men, in whomr they may discern such has not fully considered the quantity of pre-dominant proportion of active wislaw we now possess. We have the entire dom and virtue, as in the mass of human volume of English Equity, the entire vol- imperfection and infirmityis to be found." ume of English Common Law, the best I commend to this committee the inof the English statutes, prior to the revo- spiration of that prophecy, and the queslution, all the general laws enacted since tion at issue to its considerate decision. the settlement of this province, and the The question being upon the amendentire nlassof special legislation, descend- nlent offered by Mr. Cochran to the ing to the minutest details and relating amendment offered by M{r. Darlington, to almost every imaginable subject. None it was rejected. of this vast body of law is to be abolish- The question then being upon the ed. This Constitution will not take away amendment of Mr. Darlington, it was from it a word or a letter. And surely rejected. once in two years, is often enough to sub- Mr. GOWEN. I desire to amend by inmit that body of law to unskilled persons serting the word " next" after the word for the express purpose of making changes " December." This amendment is mere in it. These are some of the reasons which verbal criticism, but I think it ought to have influenced my mind in reaching the be made. conclusion that I have reached. It is The question being upon the motion very likely that I over-estimate the irm- of Mir. Gowen, it was agreed to. portance of the vote of this morning, but Mr. J. PRICE WETHERILL. I propose it has seemred to me, from the beginning to amend by inserting after the word of this debate, to be a typical vote, and to "Governor " the words " or person exerbe iikely to show the measure of the un- cising the powers of Governor." derstanding with which this Convention The question being upon the amendcomes to the work allotted to it, and mbent, it was rejected. therefore I earnestly entreat gentlemen Mr. HARRY WHIITE. I have one sue,before refusing this slight relief to the gest on to make to the committee at this people, before ranging themselves against tinge. If the arrmendment be deliberately their interests, to consider, that perhaps adopted I have no objection. But it will as we vote this morning, we will be re- be observed, that the concluding sengarded as voting for the future, either for tence, " when vacancies occur in either good government or against it; and I House, the Governor shall issue writs of should greatly fear that if an adverse vote election for the balance of the term, for is given now, heart and hope will go out which such vacancies occur." CONSTITUTIONAL CONVENTION. 427 The members of the committee will mittee upon this subject, I move to strike observe, that is a radical change in our out the word "Governor," and to insert present system. Under our present Con- "presiding officer thereof." stitution it seems to have been the desire Mr. MACVEAGaE. Mr. Chairman: Beof those who framed it to preserve to fore that question is put I would simply each department of the government the say to the House, on behalf of the cornright in itself to provide for its own va- Lnittee, that this issuing of the writs was cancies. Under our present Constitution regarded as a purely ministerial duty. the speaker, or presiding officer of the The members of the committee assumed respective bodies, issues the writs to fill that there would be a Lieutenant Govthe vacanciesin such House. I fail to see, ernor provided by the Committee on the in the amendment before us, provision Executive, and that in case of a vacancy for all the contingencies and embarrass- in the office of Governor, or whenever ments that may arise. I will suggest one any member of the Legislature died or or two to the committee. resigned, or for any other reason a vaIn the history of' the Cornmonwealth cancy occurred, this writ of election could for the last three years we have had two at once be issued by the Lieutenant Govcases of embarrassment. One was after ernor. Of course the whole question, as the session of the Legislature of 1870; the to the election and the eligibility of the Senator from the First district of Penn- party, will have to come before the body sylvania, which is in Philadelphia, died itself when it meets. previous to the meeting of the succeeding The question being taken on the amendLegislature. It became necessary to fill ment, it was was agreed to. that vacancy, It was a serious question Mr. RUSSELL. I move to insert, after with many gentlemen whether the Spea- the words, "Governor shall," the words, ker of the Senate, at that time, had the "within fifteen days after such vacancy right to issue his writ previous to the occurs." meeting of the body, and the formal an- The motion was agreed to. nouncement of the vacancy. The prece- IMr. KAINE. Mr. Chairman: I am of dent was established, the writ was issued the opinion the amendment of the gentleand the vacancy was filled. man from Bedford, (Mr. Russell,) which The embarrassment was not so great in has j 1ust been adopted, is unnecessary and that case as in the succeeding one which that it will work an injury. happened in the succeeding year. The Mr. HARRY WHITE. I move to re-conterm of the Senator from the Fourth dis- sider the vote by which the amendment trict, then Georue Connell, expired in Oc- was adopted. tober, and he died after his re-election in The motion was agreed to. November. This left the situation rather Mr. RUSSELL. Mr. Chairman: As I peculiar. It was met in this way: By understand this clause the change was letting the situation stand until the Leg- made to strike out the word " Speaker' islature met, and the Speaker, who had and insert the word "Governor," so that been elected at the close of the session there will be the delay in the issnance previous, issued his writ, and the vacancy of the writ of election that has heretofore was filled, not, however, unitl a month's existed. In case of the death of a repredelay had occurred. sentative or member of the Senate, the I confess I would be glad to see some election does not take place until after the provision suggested to meet a contingency meeting of the Legislature. I suppose of this kind before final action is taken that the intention sought to be accomupon the entire secLion —not upon this plished, by putting in the word Governor section hut the entire article-and I trust instead of Speaker, was for the purpose the Committee on Legislature will try to of having the election before the meeting devise some remedy to provide for con- of the Legislature. For instance, a gentingencies of tihat kind. tlemnan is elected on the second Tuesday I prefer, myself, the system of allowing of October as a Senator or as a member of Speakers of the respectix e bodies to issue the House of Representatives, and dies their writs to fill vacancies, and for the within a week after his election, as I unpurpose of testing the sense of the coun- derstand the subject, it is intended that 428 IDEBATES OF THE the Governor shall iinmmediately issue his Legislatture, for instance. while the Lqegiswrit of election to fill the vacancy, so that lature is in session. There should be the district would not be unrepresented no occasion for delay over one, two or for thirty or forty days after the fleeting three days. The writ should be issued of the Legislature. Is not that the object imtllmediately. The difficulty of issuing a of this change? That I understand to be writ, before the Legislature meets, has the object of tihe amendment to the pre- been mentioned by the gentlemen from sent Constitution proposed by the commit- Indiana, (Mr. Harry White.) In the tee. Now, tny object is this- lower House, as now organized, meeting Mr. HARRY WHITE. Mr. Chairmnan for one year, there can be no vacancy ocWNiill the gelntlemllan allow himself to be cur until the meeting of the Legislature. interrupted? If we adopt this section, as I think we Ir. RUSSEALL.;Mr. Chairmain, certain- evidently mean to do, and there shall be 1v. biennial elections, and a Illember of the MIr. HARRY WVlIITE. Mr. Chairman: Legislature shall hold his office for two 5! v friend from Bedford has not thought years,then a vacancyoccuringinthe lleanof the faclt that a man who is electedi Pa time, during a year and a half or a year member of the House of Representatives, and nine ionths,in which the Legislature or, the Senate, is still not a nemnber until shall not be in session, I conceive it his credential- has been presented and he etnitently proper that the Governor has been actually sworn inl. No vacancy shall have the right to issue his writ and can, therefore, occur in that body until fill the vacancy. It is proposed that the after a man who has been sworn in dies Legislature shall meet a short time after or resigns. If he die previous to that, the election. The merbers of the lower why- hlie is not a member, but the report House will be ascertained as soon as the lllust be made to the House when it meets Legislature imeets, and when the House aid then, after the House is organized, meets and organizes, it is well known Iwhoi he meumbersare. Then ifa vacancy tile writ can be issued and the vacancy the mebersare. Then i a aa i wlet ci. occurs, I think it is proper that the GovMN1r. RUSSELL. M.\,Ir. Chairman: What, ernor should have a writ issued and an thern, is the object of the amendment pro- election held to fill the vacancy. But posed to the iresent constitution by the there should be no limitation as to ('omnlllttee? ~What is the occasion lor timre. If we say that the Governor shall strikimng oult the word Speaker arnd insert- issue this writ, I take it for granted that Zinl the word Governor? I should like to he will issue it within a reasonable titme. hiave it explained. I supposed that it If he does niot, the Legislature is not deprivect of the power of passing a law dews to obviate the difficulty that arises prive of the power of pssi a law enow, that a writ of election could not be when he shall issue his writ. issued and the election held until thirty Air. LILLY. Mr. Chairman: I move or forty days after the Legislature met. to amend the amendmnent asfollows: By That surely was the object of this amend- striking out "fifteen days" and insertmerlt. If that is the object, then Iwish to ing' forthwith." sa to the committee they have not The arnendnent to the amendment was clatngedi it in providing that the Gover- rejected. n. r shall issue the writ of election. M r. STAk; TON. AMr. Chairman: I move Mlr. STANTON. Mr. Chairrmtan: Is an- to amend the amendment, by substitutother amnendmruent in order? ing in lieu thereof, the following: The CHAIRMtIAN. There ist an amend- That the Governor shall, by appointirient still pending. nmient, till all vacancies which may occur IMr. ELLIS. MAr. Chairman: As I un- ill either branch of the Legislature, until derstand the propositionnow before the tile next session. committee, it is to vote upon the question of the Governor issuing his writ for an election to fill a vacancy in the Legisla- The CHAIRMAN. The question now is ture within fifteen days after the vacancy on the amendrment of the gentleman from occurs. I think we should by no means Bedford, (Mir. Russell,) to insert, after limit the time. A vacancy occurs in the the words, "the Governor shall," the CONSTITUTIONAL CONVENTION. 429'words, "within fifteen dtays after such terms of office. It seems to ne to be tInvacancy occurs." jutst to themll that we, hy adoptirng this reThe! amen(Idmenet was rtjected. port a.ts the comntrl;ttee have t)reseited it, The CHAIRmIA~N. The motio)n ]now re- should tike fronm the State Senators the curs on the section as aerlnded. terms of office which they- nw enjoy. Which was agreed to. It is with that view, andi with C th lt view TUE TEHIRD SE(C-'TIDON, alne, that I have offered this ame ndment. It is imrportant no)t only to telem, Thlle CraIRa AN. The third section but to the people of the State that this inwill be reai. fo)rmation should be given. Particul~arly The CLERK. Third. Senators shall be is it imnporrant to those who (iesire the elected for tlhe term. of fl(lr -otars: P'ro- success of this Cowlstituttion before. the vided, Tihat those who shall be elected at people, that we shloulld miake no enemies the first election after the adiootiori of this unrlecessariiv. The Senattors now in ofConstitutionr shall be oilviliedl by lot into floi, of course, wotmcl diesire to retain their two classes. The seats of the Senators of offices, arid if the Cotistitution, as prethe first class shall ),e vacated at the ex- sentel here by this cominittee, be stobpiration of two years, and of the sacondi rmuitted to the people, we would necessarily class at the expiration of four years. lose the sup-ort of these Senators, ind CONT'INUING PRESENT TERMS OF SENX- their interests would be adverse t( the TORS. adotltion of the Constitutiori at the elecTMr. CLARK. Mr. Chairman: I offer tion ntefo)re the people. I offer this amrendithe followingfr amilendlnerlnt; mnenlt, theref,:re, with the sole view of preSenators shall be elected for the term of servirg to the mnerri of the Serate the positions to whi,;h they were elected, atdi four years: Provided, That the Senato-rs which they now fill. elected before the adoption of this am end- hich they t ll ed Coiistitution shall hold their office for Ir. TRCRRELr. Mr. Chairmnai: Tle the terrns for which they were elected, re- ameIdrlellt seems to me to be, at leaIt, spectively; and at the first general elec- partially corre t. I ann il favor of a part tioln after the adoption of this amnien(led of tle amendmentofthe rentlemn! forl Constitution, eleven Senators shrldl be Indiana, (Mr. Clark.) But there is a part elected by the qualified voters of the pro- which he seemis to alke for granted, that per districts, as now constituted, to suc- I am. rnot in favor of. If I understood the ceed those Senators whose terms of office anemndnetet ariglt-I did not hear it iisthen expire, to serve for two yeams. At tinctl\7 in this remote part of the hall-it the secornd general election after the adop- assumes that we shall. retadin the present tron (of the amended Constitution, eleven nunlber of Senators. Setnato,rs shall be elected by the qualified Mr. CLARK. Mr. (hairman: Will the voters (,f the proper districs, as now con- gentleman allow lme to interrupt hint? stitllted, to succeed those Senators whose Mr. TURRELL. Mr. Chairmanl: With terms of office then expire,;o serve for pleasure. one year. And at the general election Mr. CLARK. Mr. Chairlmarn: I have next ensuing, the whole number of Sen- only provided for the election of eieven ators shall be chosen from the several (i is- S nattors for each year, urntil the third tricts throughout the State, as they shall election, when the wh fole number (if Senabe at that time constituted by law. All tors to be elected shall be elected, everl if those Senators chosen from districts num- they be one hundred. I have preserved bered with odd numbers, to be elected for the Senate at thirty-three mnernibrs until two years; and those Senators chosen the third year after the adoption of this frorr districts numbered with even nunt- Constitution. Then it Inay be any zruirmbers, to be electedi for a faull term of four ber provided in the Conistitutio,. years. And thereafter, as the terin of lr. TURRELL. Mr.Chairman: -to ther office of Senators shall expire, their suc- it seenis to contain the idea that I interre cessors shall be elected for a full tfrim. it did, ard I do not agree to it, becaurse I Mr. CLARK. Mr. Chairman: I offer lhope wewill increasethe numberof mnerrthis amerndmnent with the view of saving tiers of that body. If the amllemldment to the present Senators of the State their favors such an increase, perhaps I will be 430 DEBATES OF THE in favor of it. I did not hear it distinctly, Leave was granted to the committee to and I desire it again read. sit again, to-morrow. The amendment was read accordingly. Mr. TURREL. Mr. President: I move Mr. TUTRRELL. Mr. Chairman: Thisis that the amendment offered by the gena matter of some considerableimportance, tleman from Indiana, (Mr. Clark,) be and I suggest to the committee, whether printed and laid upon the desks of the it would not be better to rise at this point members to-morrow morning. and let this amendment be printed, so The motion was agreed to. that we can look at it carefully. 1 make, as a motion, that the committee LEAVE OF ABSENCE. now rise, report progress and ask leave Mr. Ross asked and obtained leave of to sit again. absence for Mr. Brodhead, on account of The motion was agreed to and the corn- sickness. mnittee rose. MNlr. NEWLIN asked and obtained leave IN CONVENTION. of absence for Mr. Beardsly for a few Mr. CHAs. A. BLACK. Mr. President: days. The committee of the whole have had Mr. KNIGHT. Mr. President: I move under consideration the report of the the Convention do adjourn. Committee on the Legislature, and have Tie motion was agreed to. instructed their chairman to report pro- So the Convention (at one o'clock and gress and ask leave to sit again. forty-six minutes) adjourned. CONSTITUTIONAL CONVENTION. 431 TWENTY-NINTH DAY. WEDNESDAY, January 29, 1873. THE NEW ENGLAND HISTORIC SOCIETY. The Convention met at eleven o'clock The PRESIDENT presented the following A. M. Prayer was offered by the Rev. letter from the New England Historic James W. Curry, as follows: Genealogical society of Boston, which was Truly, O God, Thou hast been good unto laid on the table: us as individuals and as a nation. All N. E. HIST'c GENEALOGICAL SOC'Y,) our wisdom and all our strength we de- SOCIETY'S HOUSE, rive from Thee, Thou God of all goodness. Boston, Jan. 23, 1873. ) Draw near to our hearts this morning and DEAR SIR:-I see by the report of the teach us wisdom. Give us every blessing proceedings of your body that a vote was requisite for the duties of the day, and passed to present to the Chicago public make us in all our motives strive to honor library, and to certain other libraries, one God in our lives and to do that which is copy, daily, of the Debates and proceedacceptable in Thy sight. Keep us from ings of the Convention. Our library is doing anything that would be displeasing much used for historical purposes, both to Thee, and make us in all our debates by citizens of New England and people and in all our exchange of views, or of from abroad. If your members think opinions, one with the other strive to en- proper to present us with a copy, we tertain the kindliest feelings, and preserve should be very happy to receive it, and that spirit which will commend us to keep it for public use. those whom we represent. Hear us in Respectfully yours, these our morning prayers, and forgive us JOHN WARD DEAN. all our sins and finally accept us, through To the Chief Clerk of the C(onstitutional Jesus Christ our Lord. Amen. Convention, Philadelphia: The Journal of yesterday was then read Mr. TURRELL offered the following and approved. resolution, which was read and referred to the Committee on Printing: REPORTS OF PROTHONOTARIES. -Resolved, That the Clerk be directed to send a copy of our daily Debates and The PRESIDENT submitted to the Con- proceedings to the New England Historic vention the reports of the prothonotaries Genealogical society, at Boston, Massaof Clinton and Bradford counties, in re- chusetts. sponse to a resolution passed on the 22d inst., requesting the prothonotaries of the CHATTEL MORTGAGE SECURITIES. various counties to furnish the number of The PRESIDENT also laid before the civil causes pending on their respective Convention a communication from Petry, dockets. Geissel, Bayhat & Co., of Philadelphia, Mr. MACVEAGH. I move that these re- calling attention to the propriety of inports be referred to the Committee on the corporating into the Constitution a proviJudiciary. sion relative to chattel mortgages as seThe motion was agreed to. curity on movable property. The communication was laid on the INTOXICATING LIQUORS. table. Mr. DAVIS presented the petition of the ADMINISTRATION OF OATHTS IN ELECTION citizens of Monroe county, praying for a MATTERS. prohibitory clause in the Constitution Mr. D. N. WHITE offered the following against the sale of intoxicatil;- liqu rs as resolution, which was read and referred a beverage, which was refelrdc to the to the Committee on Commissions, Offices, Committee on Legislation. &c.: 432 DEBATES OF THE -Resolved, That the Committee on Com- oughs at the next election for city, county missions, Offices, Oath of Office and In- and borough officers after the adoption of compatibility of Office be requested to this provision and every three years theretake into consideration the following after.' amendment: THE WVRIT OF ERROR IN CAPITAL CASES. "The administration of oath by any person authorized to administer the same Mr. BOWMAN offered the following resowithin this State, touching all matters lution, which was read and referred to the concerning political elections, whether C mmittee on thpe Declaration of Rights: primary or otherwise, is and shall be Resolved, That the Committee on the lawful." Declaration of Rights take into consideration the propriety of so amending the ELECTION AND TERM OF OFFICE OF SENA- same as to provide that the writ of error TORS. shall be a writ of right in all capital cases, Mr. S. A. PURVIANCE offered the follow- and shall operate as a supersedeas to stay ing resolution, which was read and re- execution of the sentence of death until ferred to the Committee on Schedule: the order of the Supreme Court is had Resolved, That the Committee on Sched- thereon. ule be instructed to inquire into the exMUN ICIPAL COWMMISSIONS. pediency of incorporating therein the following: Mr. NEWLIN offered the following reso" The Senators now in office shall re- -lition, which was read and referred to the main until the expiration of the ternis for Committee on Cities: which they were elected. The Senators Resolved, That all municipal comnmisto be chosen under this Constitution shall sions are abolished and none shall herebe elected as provided for by law at the after be created. The powers now esergeneral election next after the expiration cised by them shall be vested in departof the term of service of the Senators now ments of municipal governments, subject in office." to the control of the councils. SPECIAL LEGISLATION. INDUSTRIAL INTERESTS. Mr. HOWARD offered the following reso- Mr. MANN offered the following resolulution, which was read and referred to the tion, which was twice read: Committee on Legislation: -Resolved, That the use of this hall be Resolved, That the Committee on Legis- given to the Committees on Legislation lation be instructed to inquire into Ithe ex- and Industrial Interests and Labor on pediency of incorporating the following Friday evening next, for the purpose of provision into the Constitution: meeting the representatives of the Indus" Special legislation shall be lawful in trial interests of this city, in presenting no case except where the proposed special their views as to the true relations that act shall be published, at length, in one or should exist between capital and labor. more newspapers in the locality where the Mr. AANN. Mr. Chairman: It will be special act is intended to operate. An act observed that the Committee on Industo repeal, amend or revive a special act trial Interests is referred to in this resolushall be published as required for original tion. I was requested by the chairman special legislation. of the Committee on Legislation to confer with the chairman of the Committee on ELECTION OF SOLICITORS. Industrial Interests before presenting this Mr. HOWARD also offered the following resolution, in order to ascertain whether resolution, which was read and referred Friday evening would be convenient to to the Committee on C(ities and City Char- that committee. It has not been possible ters: to find the chairman of the Committee on -Resolved, That the Committee on Cities Industrial Interests to have any consultaand City Charters be instructed to inquire tion with him, and I now desire to state into the expediency of incorporating the that if some other evening will be more following in the Constitution: desirable than Friday evening" Solicitors for cities, counties and bor- The PRESIDENT. The gentleman is not oughs shall be chosen by the qualified in order in referring to a petition that is electors of said cities, counties and bor- already in the possession of the Conven CONSTITUTIONAL CONVENTION. 433 tion. Nothing is in order but the ques- tion of the Constitution until it becomes tion of agreeing to the resolution. practicable to introduce the full proThe resolution was agreed to. visions of the amended Constitution. I NEW ENGLAND GEOLOGICAL SOCIETY. feel, therefore, like withdrawing the SMr. TURRELL. NMr. President: I offer amendment which I proposed to this conmmittee and submitting another. I shall, the following resolution: Resolved, That the Clerk be directed to therefore, ask the unanimous consent of the committee to withdraw it, and when send one copy of the daily Debates and endon p of the d ebte a the committee rises I shall move to refer proceedings of the Convention to the that portion of the amendment which is New England Historical Geological sociprovisionalto the Committee on Schedule. ety at Boston, Mass. yr. LILLY.at Ms. Pesident: I move Unanimous consent was given, and the Mr. LILLY. Mr. President: I move amendment was withdrawn. that the resolution be referred to the Committee on Printing. I do not know TO STRIKE OUT THE PROVISO. whether there are copies enough to send Mr. CLARK. Mr. Chairman: I now one to this society. I believe that they offer the following amendment: are all exhausted now. I have desired a To strike out all after the word "years" number of copies for distribution to lyce- in the first sentence. ums and other public institutions in my Mr. WHERRY. Mr. Chairman: I move section of the State, but have been in- to postpone for the present the further formed that the whole number is ex- consideration of this third section. hausted. Now it will put us in a ridicu- Which was rejected. lous position if we pass a resolution to INCREASED REPRESENTATION. send to any body copies of our published Mr. DARLINGTON. Mr. Chairman: I proceedings when we have none to send. offer the following And if we have any copies to spare, I By striking out a after the word am in favor of first supplying the neces- third," and inserting the following: sities of our own people before we send The number of representatives chosen any to outside States. So, in order to at the several periods hereinafter menknow what copies are at our disposal, I tioned for their apportionment be fixed move to refer the resolution to the Coim- by the Legislature, shall not be less than inittee on Printing. one hundred and fifty nor greater than'The motion to refer was agreed to. three hundred. The number of Senators COMMITTEE OF THE WHOLE. shall at the same time be fixed by the The Convention then resolved itself in- Legisature, and shall never be less than to committee of the whole to consider one-fourth or greater than one-third of further the report of the Committee on the number of Representatives." Legislature, Mr. C. A. Black in the chair. Mr. MACVEAGH. Mr. Chairman: Before the vote is taken, I desire the comTHE LEGISLATIVE ARTICLE. mittee to understand that, of course, this The CHAIRMAN. The question before is submitted without the slightest feeling the committee is the consideration of the on the part of anybody. One view of the third section, and the subject pending is gentleman from Indiana (Mr. Clark) is the amendment of the gentleman fiom that the Committee on Schedule are to Indiana (Mr. Clark.) arrange for the transmission from the old ir. CLARK. Mr. Chairman: Upon re- Constitution to the new, which nobody fiection, looking upon this proposed sec- doubts. He also believes that it falls tion, it seems to me perhaps that a por- within the duty of that committee to distion of it, the provisional part of it, would pose of this proviso. That does not seem be properly referable to the Committee at all clear, for this reason: That the obon Schedule. It seems to me that noth- ject of the proviso is not to arrange for the ing should be in the Constitution of the passage from the old Constitution to the State, properly so called, but provisions new, but to provide that annually onethat are to last for all time. But in this half of the Senate shall be elected at the second part of the amendment which I same time. That is a constitutional proproposed, I made provisional arrange- vision, and it seems to me, I confess, for ments to serve from the time of the adop- I have not the slightest feeling about it, 28 434 DEBATES OF THE that it ought to be incorporated in this sec- shall be vacated at the expiration of t wo tion. The words that have been added years, and of the second class at the exprovide that, as nearly as possible, one- piration of four years. Now the gentlehalf of the Senate may be elected every man from Dauphin, (Mr. MacVealgh,) two years. That is the object of the pro- who is the chairman of this committee, I viso. Not to arrange new method but to have no doubt expected that the whole provide a continuous session; and there- number of Senators would be elected at fore, while I may have heartily agreed the first election, and that one-half of with the gentleman's general notion that them should serve two years and the these matters for bridging over the pas- other half four years. That was mlanisage from the one Constitution to the other festly his intention in this section, and belong to the Committee on Schedule, it that necessarily precludes the possibility seems to me that this committee of the of the present enactment. whole ought to dispose of this proviso, That necessarily precludes the present and because it includes the continuity of incumbents from holding their positions the Senate and its partial election annu- for the balance of their term. I think it ally at different periods, a principle which just to Senators in office that they should has been accepted in this Commonwealth be permitted to hold out their term, and for very many years, and which, I am sure, whether or not they shall, and how they nobody here desires to question; and there- shall, is a question for the Committee on fore I trust that the proviso, in such form Schedule to settle and return to this Conas the committee of the whole may see fit vention. If they can make a bridge by to prefer it. may be adopted, while I agree which the people of this Commonwealth cordially in the proposition of the gentle- can pass from the old Constitution to the man from Indiana (Mr. Clark) to refer new, it is for them, and not for the Conventhe other matter to the Committee on tion, to anticipate their action. Therefore Schedule. I believe what we have to do now is to fix Mr. CLARK. Mr. Chairman; You will the term of Senators, which is provided observe by the reading of the third sec- for in the third section, and the term of tion that the proviso is in these words: Representatives, which is fixed in the Provided, That those who shall be fourth section. We should fix the tenure elected at the first election after the adop- of their office, and having done that tion of this Constitution shall be divided we will expect the Committee on Schedby lot into two classes. The seats of the ule to give us a bridge to pass over from Senators of the first class shall be vacated the old order of things to the new. at the expiration of two years, and of the Whether or not they provide that some second class at the expiration of four Senators shall be elected for two years and years. some for four years is a matter for them. I have two objections to this proviso as It seems to me that nothing should go contained in this section. into the Constitution but just such things First, I believe it is admitted-at all as are to continue, and all provisional afevents it must be generally acceded — idrs must go into the schedule annexed to that our work may be submitted to the the Constitution, which must provide for people sometime in the latter part of the the new order of affairs and adjust it so as coming summer, say in August, so thatit to meet the old. may be either rejected or approved by The question being upon the amendthe people of the State before the election ment of Mr. Clark, it was agreed to. ensuing next fall. Well, now then, at The CHAIRMAN. The third section, as the first election after the adoption of this amended, will be read. Constitution, we would have no districts The CLERKI read as follows: in the State, except the districts as original- "Third. Senators shall be elected forthe ly formed and now existing. The proviso term of four years." necessarily goes upon the basis that we Mr. DARLINGTON. Mr. Chairman: I will have no greater representation in the move to strike out all after the word State Senate than thirty-three members. "third," and insert: I know the sentiment which has been "The number of representatives shall, prevalent throughout the House is to in- at the several periods hereinafter mlencrease the representation in the Senate as tioned for their apportionment, be fixed well as in the House. by the Legislature, and shall never be I have another objection to it. The less than one hundred and fifty nor greater seats of the Senators of the first class than three hundred. The number of Sen CONSTITUTIONAL CONVENTION. 435 ators shall, at the salne timle, be fixed by IMr. SlrMsoN. MNr. Chairman: I would the Legislature, and shall never be less suggest to the gentleman from Fayette t1han one-fifth nor greater than one-third of (Mir. Kaine) that he is slightly imistaken the number of representatives. in this matter. The second section only M1r. DARLINGTON. NMr. Chairman: I provides for an election of the members have introduced this proposition at the ot both branches every two years. "The present time in order that we shall not ilmembers of the General Assembly shall become more confused with the Constitu- be elected every two years." It does tion, but have this question settled. It not say that the members of one House comes in here as naturally as in any other shall be elected for any particular term, place, and perhaps more so. I wish to and those of the other for another terml, test the sense of the Convention in the and therefore, if we provide that the SeRafirst place upon this question. tors' term shall be four years, we ouglht MAr. WVItIERRY. MIr. Chairman: I rise to also to provide that the members of the a point of order. My point of order is House should be for two years. that the lamendment is not germain to the The CHIRAIrMAN. The question is upon section. the adoption of the section. AIr. DARLINGTON. I suppose it is in or- The fourth section was aoreed to. der to strike out the whole thing. The CHAIRMtAN. The Clerk will reaed MLr. MJACVEAGH. It will be germain to the next section. another section of this report-section The C:LERK read as follows: twenty. SECTION 5. The General Assemnbly shall JMr. DARLINGTON. iMr. Chairman: It meet at twelve o'clock noon, on the first is germain right here. I propose to ad- Tuesday of January succeeding the adopdress the committee upon this question. tion of this Constitution, and every two AMr. WHERRY. I subInit the point of years thereafter, unless sooner convened order to the Chairman. by the Governor in special session. The CHAIRriAiN. The Chair cannot see Mr. IDARLINGTON. Mr. Chairman: I how the amendment is germain to the now move to insert the amendment I ofi question of fixing the term of Senator. fered for the third section, in place of the The point of order is sustained. section just read. Mr'. DARLINGTON. IS it not in order to Mr. MTIACVEAGtI. Mr. Chairman: I strike out the whole section and put in a must rise to a point of order. This report substitute? Ihave noobjectiontothethird is now before the committee, and this secsection comling in afterwards, but it isvery tion is before it, and the gentleman can important that this question should be only propose an amendment that is gerfirst settled. main to the section. His subject will come The CHAIRMixAN. The only mlatter no-w up in a very little while, but I do in-,eromainl is the terml of office. A motion sist that it cannot conle up at this timne. to strike out and fix another term the The CIIAIRMIAN. It so strikes the Chair. Chair thinks would be in order, but ino XMr. SIiPrrsoN. I would suggest to the aimendllent which will change the entire gentieman that he withhold his amendcharacter of the section. That is my view iment until we reach the twentieth or of thle parliamentary practice bearing up- twenty-first section. They are upon the 0on the question. The Chair will sustain same subject as his anlendment; one dethe point of order. teruiniing g the nunlber of Representatives TMr. DARLINGTON. That is not in order and the other the number of Senators. io-. Mr.. DARLINGTON. Mr. Chairman: I The CHAIXXrAN. Yes, sir. The sectionl an very well aware that there are several is then before the committee. places where this might be brought in. The third section was agreed to. afterwards, but there is no place so wvel Thle CHIAIRMIAN. The fourth section will aidapted to it as this, because it is better be read. that we settle this prime, leading, fundlaThe CLERnK read as follows: mLrental question of whether we will inSEICT:ION 4. Representatives shall be crease the numlber of representatives beelected for two years. fore going further. If we settle that quesM1r. K(AINE. AIMr. Chairman: I move to tion now we will haveless trouble with tlhe amend, by striking that line entirely out. other sections. Are we to have a House Tihe committee hias already fixed in the of one hundred, one hundred and fifty, second section that the members shall be three hundred or five hundred mlembers? elected for two years. Upon that very much will depend oti.r 43 ~DEBATES OF THE consideration of divers other subjects. I of the proclamation and the date of asinsist that it should come in here. sembling, and if it be decided that the Mr. WHERRY. Mr. Chairman: I de- proclamation shall state what shall be acsire to put the point of order in this shape: ted on, and the Legislature call act on That having passed the fourth section nothing else, there may be some very ilnproperly in the order of our business, the portant matters left without considerafifth section comes up for consideration, tion. I therefore move to amend the and therefore the gentleman cannot put amendment, by striking out such words in an intervening section without unani- as may be necessary, so as to make it read mnous consent. that the Governor 1" shall state, in writing, The CHAIRaIAN. The Chair thinks the to both Houses, whenl assembled, the puramendment cannot now comne in. pose for which they are convened." Mr. DARLINGTON. I would aslk the AMr. JOTIN PRICE WETHERILL. It seems Chair whether it is not in order at any to me, sir, that this whole matter comes time to insert a new section. The har- properly under the charge of the Commitmany of the committee will not be dis- tee on the Executive; and I have no turbed by it; on the contrary it will be doubt when they prepare their report and promoted. introduce an article authorizing the GovMr. COCHRAN. I would imerely sug- ernor to call special sessions, we will find gest to the gentleman from Chester (Mr. that that article and this will be about Darlington) that, in lmy judgment, he identical. Mly inlpression isthat the coIlcan reach his point-though I do not agree mittee considered that matter when they with him in his proposition-by moving had it under consideration. I would sugto postpone the consideration of the fifth gest that it would be well to postpone the section, for the purpose of introducing a consideration of this imatter, as it will be new section, to be called the fifth. more than likely found in the report of Mr. DARLINGTON. Any way. That is the committee referred to. only circumlocution. I make that cir- Mr. MINOR. I agree with the gentlecuamlocutory mnotion, then, to postpone man, but the reason I offe the amendlthe further consideration of that section, mnent is this: That the authority given to so as to introduce mine. the Governor for convening a special sesThe motion was not agreed to. sion is embraced in this article; and it The CHAIRMIAN. The question is upon seems to me that the limitation ought to the adoption of the fifth section. be found in the same place where the anMr. HAY. I offer the following amend- thority is found. If the authority be ment: placed in this article, the limitation ought The CLE;IK read: also to be here. Add to the section: "And when con- Mlr. BUCKALJEW. I suggest to the genvened in special session there shall be no tleman from Allegheny (Mr. Hay) that legislation upon subjects not particularly he withhold his amlendment for a short mentioned in the proclamation of thle time, so as to enable us to take a vote on Governor calling such session." the question of annual sessions. The deMr. HAY. Mr. Chairman: It seems to cision of the Convention on that questione me that when the General Assembly will renderhisamnendmenteither decidedleets it ought to be confined to subi ects of ly necessary or unnecessary, and the Conspecial session named in the proclamation vention can better, perhaps, act on it when of the Governor, because, otherwise, the that question is decided. I hope, theresession of the Legislature might be indefi- fore, he will withdraw it, so as to let us nite, and might continue during the first have a vote on the question of annual whole period of the two years, against the sessions. provision of the section which requires M'r. iHAY. I amn willing to withdraw that they shall hold a biennial session; the amendment which I have proposed, acnd it is with a view of accomplishing provided it is the intention of any genthis object that I offer the amendment. tlemanl to move to amend, by striking out Such an amendment seems to express the the words "two years" fronm the section views of the other members besides my- and insert " annually." After the vote self, and therefore it was that I offered it. is taken on that amendment I will renew MIr. MINOR. I agree with the gentle- the amendment which I have offered. I mran in the main object, but it strikes me will therefore withdraw it for the present,. that he overlooks one important point. Mr. BUCKALEW. Mr. Chairmlan: I rove tEmergenrcies may arise between the date to amend, by strikingout the word "two,"' CONSTITUTIONAL CONVENTION. 437 and also the'-s" in the wordl "years," so ditions of the people of the State, unless that it shall read "every year thereafter." some good reason is made apparent for it. This question was pretty well discussed I am not willing to change the practice in connection with the consideration of which has existed from the foundation of a preceeding section. I do not propose the Commonwealth merely for the sakd to go over the ground covered by that of change, and I have listened in vain At debate. It seems to me that our appro- hear an argument which should be perpriation, which amounts to several rmil- suasive of my judgment, and convinec lions of dollars, for the annual outlay me that this change should be made. of the government, should be made an- I can see no advantage in the direction nually. It seems to me that our Legisla- in which gentlemen look for it-in a ture should be in session anunually, like change from annual to biennial sessions. the UInited States Congress, and other iam- I agree with the gentleman from Dauphin portant public bodies, to look after the (Mr. MacVeagh) as to the argumlents; management of the finances of the State which are said to prevail in our Legtslaand to dictate any change of policy, with ture, the lack of purity and the indirecreference to the administration of the tion which influences the votes of that government, that it may become necessary body. But I am at a loss to perceive how)v to make. I think our Legislature should a change from annual to biennial sessions be in session annually, in order to consti- is to work out a different result. I am at tute a necessary curb upon the Executive a loss to see how a continuance in office Department, and for nmany other purposes. for a period of two years is to render pure It seems to me that every year the repre- those who are impure, or make their sentatives of the people, in the two Houses legislation more worthy of the State than of the Legislature, should be at the seat of it otherwise would be. government ready for any emergency, I think the redress for the evils which and prepared to transact the public busi- afflict the State is to be found in another ness. direction. I consider that the highest I have voted, and very cheerfully, to and grandest office which rests upon this elect members biennially, believing that Convention is to secure purity in the our experience with reference to the elec- elections of our State, and a fair exprestion of members of Congress has been en- sion of the popular will in the nomination tirely satisfactory throughout the United and choice of candidates. If we cannot States. It seems to me it would operate secure a better representation in the State well if applied to the choice of members of Pennsylvania, then our republican inin the lower house of our Legislature. stitutions are an utter failure, and the In oiving that vote, sir, 1 gave it with the sooner we abandon them the better for intention of presenting or supporting the the people. I agree with the gentleman amendment which I have now proposed, from Erie, (Mr. Walker,) who addressed and 1 hope this amlendment will be this House so eloquently last Saturday, adopted. I have faith in the people, and nothing M:r. CUYLER. M1r. Chairman: I desire that has occurred in the history of Pennto say a few words, not so much persua- sylvania has shaken the confidence-the sively of others as an expression of the firm and absolute confidence-that I have reason for the faith that is in me, and an in the people of the State. But our difiiapology for the vote that I propose to cast culties in legislation have arisen froni on this question. the fact that the people of the State have I confess, sir, I lingered long in coming not been fairly represented in the electo a conclusion as to whether a change tion of members of the Leo'islature, and friom annual to biennial sessions was or their votes have not been fairly counted was not desirable; and I came to no con- in the returns made. I speak not so much. clusion until I heard yesterday the re- now of the country districts, but for the marks of the distinguished chairman of city of Philadelphia, in which I live; and, the Committee on Legislation (Mr. Mac- notwithstanding the remarks that were ATeagh) with reference to this question. made on this floor, called forth by the They were made logically, thoughtfully, views expressed by me a few days ago, gracefully and eloquently, as all the re- which were corroborated by other gentlemarks that fall from that gentleman are men, I repeat that the elections in the made. But they were not made persuzasive- city of Philadelphia are as unfair, as unly, so far as my j udgment was concerned. just and as inexpressive of the popular I am not willing to do violence to the tra- will as they can possibly be. 435 DEBATES OF THE I will venture to read a half dozen lines fairly and honestly nominate, and fairly from a manifesto to the people of Phila- and honestly elect, our representation at delphia, which has been issued within the Harrisburg would be one that would fill last few days by our Municipal Reform as- us with pride as Pennsylvanians, and vwe sociation-not issued, except that copies -would glory in the dignity and honor of lhave been sent to the press, but the docu- our State. So that the grandest office th-lat rientitself is now passingthrough the press this Convention can perform for the peoandcl will be presently before our people. ple of Pennsylvania will be a reform in Tlhe Mlunicipal Reform association is corn- our primary system, whereby good nomiposed largely of gentlemen who have stood nations may be imade, and honest mcni, hligh in the ranks of the republican party. when nominated, may have a chance of a It is presided over by a radical republi- fair election. can, and it is administered by gentlemen Now, sir, 1 am unwilling to tinker at whose votes, during the war and since the the Legislature of the State, because war, have been almost uniformly with the these wrongs exist in our methods of republican party. I venture to read a election. If we cannot redress these few lines from this manifesto, serving to wrongs, and cannot inaugurate a fair sysillustrate the condition of the city of Phila- tern of elections, let us confess that our delphia in relation to illegal voting, and republican system of governlent is a7.,:selrving to show the unfortunate signifi- utter failure and abandon it entirely, and canlce of a pardon recently accorded by the substitute a system for it that shall opePresident of the United States to a man rate for the good of the people, and which convicted and sentenced, for fraudulent shall not pollute our elections with per-voting in this city, to eighteen hounths' nicious frauds. I am not -willing to seek ilmprisonnment. The appeal of the citizens redress for the trouble we are under with of Philadelphia to know who the parties regard to the Legislature by infrequent are who have asked for that pardon has sessions of that body. That argumient, if hitllerto been met by an utter refusal to it is followed to its logical conclusion, accord the information. would banish the Legislature from the These Municipal Reform gentlemen say: State entirely. If we are to diminish the':Thousands of lawful voters were per- wrongs that are perpetrated by holding sonated at the polls, and -w-ere thus dcle- less frequent sessions, we can rid ourprived of the franchise; thousands of selves of these wrongs entirely by abolishillegal votes were cast, and as these devi- ing the sessions of the Legislature and ces proved insufficient to overcome the not holding them at all. Now I do not v-oice of the people, the returns were propose to recapitulate thes arguments mnanipulated to suit the exigencies of the that have been urged, or that might be (iominant party. From all the informa- urged, in favor of annual sessions. tion that has reached us, we feel safe in W~hen I consider the multiplied and asserting that not less than ten thousand varied interests of four millions of people, votes were bodily subtracted from the re- rapidly increasing in wealth and rapidly form ticket and added to the side that increasing in numnbers, I cannot doubt was predestined to win. Fraud and vio- that annual sessions of the Legislature lence reigned supreme. " must be necessary for the prosecution of That is a fair expression of the honest the business of so great a Comlmnonwealth. sentiment of seven-eighthsof the people of TNor do I believe or see that the evil is to Philadelphia. Can it be wondered that remedied by the passage of general law-s. the city of Philadelphia is imperfectly What long experience and what period of represented in the Legislature of the Corn- time have been required in the past and rnonwealth when frauds like these are will be required in the future to devises tolerated at the polls? Can it be won- proper gen eral laws for the governmllent of derecl that honest men-men of pure char- the Commonwealth? Take the railroad acter-refuse to be candidates for the Leg- system of the State. Who shall say to nie islature when the pathway thither is that it would have been possible twenty steeped in fraud and wrong? IIere, sir, is years ago to have framned a general railthe difficulty that really affects the State. road law for the Commonwealth of PenrnIt is in our primary organization; it is inl sylvania that would have been wvise and our system of nominations; in our mIe- practical in its operations. YWe neede(d thocl of election. If the people of the city the longo experience of these years, and of Philadelphia and the people of this wve needed the knowledge that we have Commonwealth of Pennsylvania fmight annually derived from these nlatters, be CONSTITUTIONAL CONVENTION. 439 fore we could devise an appropriate gen- true, as a general rule, that special legislaeral railroad law for the State as practi- tion is damaging to the interests of the cally as we can do now. Take, then, the State or to the rights of the Commonmanufacturing interests of the Commlon- wealth or any of its citizens. We may wealth. Where does there stand on the say, AMr. Chairman, as it was very justly statute book any law of this, or any other observed by the gentleman from ColunmCommonwealth, which is less efficient for bia, (Mir. Buckalew,) that the House is the the good purpose for which it was enacted grand inquest of the Commonwealth. It than the general manufacturing law and exercises supervision over every departits supplements in the State of Pennsyl- ment of governlnent as a kind of conservania. There is nothing in it to induce vator of purity and fidelity in the admincapital to enter corporate organizations. istration of their duties and functions. Capital is protected from the curious and You cannot, without peril, emancipate inquisitive supervision which is exercised then yourExecutive department, or emanover its corporate use under the authority cipate the financial department of your of that law when it is applied by private government from the usual supervision enterprises alone, and there is no advan- which the House is accustomed to exercise tage, under the general law of Pennsyl- over them. For this reason it is necesvania, for aggregated capital, applied to sary, it seems to me, that annual sessions manufacturing purposes over the opera- should take place. We cannot foresee tions of the ordinary forms of partnership. with the vast and varied interests of this Wihen I contemplate the vast interests of Commonwealth, distinctly, two years this Commonwealth, I perceive that our ahead what measures may be required citizerns are in a constant state of progress for the interest of the Commonwealth. and improvement. The people have a right to be always on Each year we will be more freshly alive hand-always jealous, and always watchto these interests, and being better in- ful of the discharge of duty upon the part formed, will be better able to generalize of the various departments of the governthe facts that may come to our knowledge ment, that they may promptly and readin order that we may form suitable gen- ily apply redress if it is required. Now eral laws for the government of the Com- it was with these views that I cast my monwealth; and this operation must go vote a few days ago in favor of biennial on fiom year to year. It issteadily going elections. I acquiesced in the action of on, and it will continue to go on for all the Convention upon this subject, but I timle to come. There can be no year in would have preferred annual elections. I 5w'hich there will not be fresh light illu- would have the popular branch of the minating the wisdom of the representa- Legislature reflect quickly and s-nsitives of the people and aiding them in the tively the various changes of the public development of these general laws. Nor sentiment and feeling. I would have ananm I persuaded that there are not many nually elected members of the Legislainterests in this Commonwealth better lature, but the Convention has determined protected by special laws than by general otherwise, and I acquiesce in its decison; laws. I ask wherein has the special leg- but on the question of biennial sessions I islation of this Comnmonwealth worked desire earnestly to entreat gentlemen to out the enormous disadvantages and mis- pause and consider before they shall dechiefs to which gentlemen have alluded cide that it is wise for the people of this upon this floor? 1 point to the State of Commonwealth to have their Legislature Ohio, and I ask my friend, formerly a assemble once in two years instead of ancitizen of Ohio, (MAlr. Minor,) who ad- nually, as has been the ancient practice of dressed this Convention, whether that our Commonwealth. State, under the operation of her general Mr. GIBSON. Mr. Chairman: I did not laws, is in any higher condition of pros- expect to take any part in this discussion, perity than the Commonwealth of Penn- and therefore I am scarcely prepared to sylvania to-day is under the operation of express all the ideas which are now in my the special laws that have been enacted? mind in regard to this subject. Like the Now a general law may fit precisely a eloquent and distinguished gentleman special case with the absolute exactness of (Mr. Cuyler) who has just taken his seat, a special law provided for the specific I was for a long space of time in doubt as case, but the chances are much against to which way I should vote in regard to such a result, while doubtless there are this question of annual and biennial sesobjections to special legislation, it is not sions. I have now arrived at a conclu 440 DEBATES OF THE sion. I was not present the other day the Commonwealth. Are there not cerin the Convention when the vote was cast tain commnunities or counties in which, nor in the committee of the whole which from the very tile of the foundation of determined as to whether elections should this government to the present day, not be held every two years or not, and I one word can be said against a single repmissed a part of the interesting debate resentative that comes from that particuwhich took place on that occasion. All lar district? They have always been pure that I have learned is from the reports in and honest men, and the people have the public prints; but, sir, looking at the always been fairly and honestly reprearguments on both sides, I think that this sented. Convention will make a very great mis- Are these communities to be punished take, and that it will subvert the princi- by being denied the right of representaciples on which this Commonwealth and tion, or of annually expressing their will all free governmentsare founded, and vio- because certain other communities have late the principles of republican and sent corrupt men to the Legislature? Is democratic government, if we should it possible that they are to be denied the adopt the principle of biennial sessions. right of representation under the princiI am satisfied, after the best reflection ples of a true demnocratic government? that I can give to the subject, that it isab- Why, sir, what is the Legislature for? Is solutely necessary and essential to the it a mere piece of machinery? Are we to welfare of this community, and of all free have legislative changes because this is a government, that there should be an an- democratic and republican government, nual representation and expression of the and therefore it is necessary to have a will of the people. It has been stated numberof men elected as representatives upon this floor that corruption exists in who are to form the different branches of the popular branch of the Legislature. the Legislature, but that they are to be The Senate,as well as the House of Repre- mere pieces of machinery, a part of the sentatives, have been attacked in this Con- machinery of the government, and we vention, and members here have stood up, cannot abolish it? No, sir. I do not think' as a matter of course, and defended the that it is anything of the kind. I think representatives of the will of the large that the Legislature of the State of Pennbody of the people of Pennsylvania. I be sylvania is, according to true democratic lieve the people of Pennsylvania to be and republican principles, the representapure and upright, and it is only because tive of the people themselves. If it is a certain men have taken in charge and mere piece of machinery, why could not controlled the politics of the State that committee of three, or a committee of ten, this evil of corruption now exists. But, or why could not the executive officers of sir, it is the same in the moral world as it the Commonwealth devise the laws to be is in the physical world. WVe cannot re- adopted throghout the Commonwealth? move from the face of nature the defects No, sir. The very fact that we have a that exist upon it by any constitutional Legislature, and that its legislators repreprovision. Whirlwind, storm and earth- sent the people of the different sections of quake have their play and mar the face of this Commonwealth, is the very reason nature; the pool will stagnate and animal- they should annually have an opportunity, cule breed, and monsters are bred of the through their representatives, of declaring slime of the ocean. Political power will what their will may be with rega rd to the stagnate and corruption will do its work, measures that may be proposed by the but I have faith in the people, and if the State at large. I trust that- the Convenproper machinery and proper principles tion will pardon me for the crude manner of government are once adopted, the peo- in which I have delivered these remarks. ple will ultimately crush out this corrup- I did not intend to address the committee tion. It is to the primary elections that upon the subject. I have simply made we must look for the origin of this evil. these remarks because I feel a deep conThere is one reflection, however, which viction that a mistake will be made if we I wish to make in this connection: Sup- alter this fundamental rule, and this pose, in the city of Philadelphia, or the truly democratic and republican principle city of Pittsburg, or some other of the that there should be an annual representa-. large communities in this State, men tion of the people in the popular branch have succeeded in getting control of the of the Legislature. political affairs, and that this corruption, Mr. DALLAS. Mr. Chairman: I desire as it is called, is ripe in the Legislature of to say at the outset of my remarks that I CONSTITUTIONAL CONVENTION. 441 heartily concur -with all that has fallen the exercise of the powers conferred upon from the honored delegate at large from them. Philadelphia (Mr. Cuyler) upon the sub- I say, then, it is simply a practical quesject of election frauds. The body of men tion whether the people of Pennsylvania, who have issued the manifesto from which speaking through us, their chosen counhe read have done me the honor to select selloers, shall not say in the instrument ne as one of their counsel; and in the which we are preparing to contain the reperformance of my duties, under their in- -strictions upon the Legislature: "Genstructions, I have had occasion to examine tle men, our servants, our agents-but by the records of the last election in the pro- no means ourselves-you shall hereafter thonotary's office of this county, and have set but once in two years, and not every there found, upon the face of those records, year." The gentleman upon mny right, three thousand one hundred and ten alter- (Mr. Cuyler,) in speaking upon this subed votes,and this without including a single ject, indicated from whence the objection alteration that was not patent to the eye, to biennial sessions must really come, for or about which there could be any ques- the logic of his mind is such that he could tion whatever; and it has been a matter not avoid following where it led. He of surprise to me that any gentleman up- found it necessary, therefore, to advocate on this floor should be found to doubt the special legislation. If, however, the correctness of the general effect of the re- voice of the Convention be, as I trust it marks of the gentleman on my right, (Mr. will, that under some well considered Cuyler,) in relation to election frauds; provision, proper restriction is to be but I confess that I am at a loss to un- placed upon special legislation, then there derstand what the truth or falsity of those can be no necessity for more than bienstatements has to do with the question nial sessions. And the rule is a good one now before this committee. I do not be- in matters of state as in individual affairs, lieve that the people of Philadelphia, or that our agents should be restricted, aot the people of any other portion of this far as possible, in view of the work they great (commonwealth, are hopelessly wed- have to do, and if we are to provide that ded to fraud. That we have such things the work of the Legislature is to be less results from the fact that the people of than one-fifth of what it has hitherto the Commonwealth of Pennsylvania have been, then let the nuimber of their sesfallen into the power of a few designing sions be reduced at least to the extent of men, who harbor bad purposes and who one-half. are not above carrying them out. We are told upon this floor by a gentle~But, sir, I think that the argument of man who lived for a time in the great the gentleman from Philadelphia, (Mr. State of Ohio, (Mr. 5Minor,) and who gave Cuyler,) and of the gentleman from the us the benefit of detailing his views upon First district,(Mr. Biddle,) as wellas that this subz, that Ohio's general laws, of the gentleman from Erie, (Mr. Walk- since they abolished special legislation, er,) for whom I have a high respect, and have been but one hundred and twenty to whom I listen not only with attention pages a year. In this State, however, an but with reverence, fails in logical cor- examination of our pamphlet laws for rectness in this. I think a great cardinal 1872 discloses ten times as many pages to error is committed when we are told that be covered by the productions of our Asthe House of Representatives of Pennsyl- semnbly. Now it is said that Ohio has not vania are the people of Pennsylvania. the material interests of this State, and That in restricting its number of sessions therefore it may be well objected that her from one every year to one every two Legislature may reasonably meet less years, we are derogating from the people often than that of this great Commonof Pennsylvania. Sir, in this view, wealth. That I believe, sir, to be true to which, if it were correct, would control some extent, but not true to the extent of my vote, I cannot concur. We forget, sir, maintaining the argument for which it is the dignity of the peopleof Pennsylvania, advanced. I suppose that the great coal, and the honor of our own body, when we iron and railway interests, all of them assunie such a position. The Legislature great interests in this Commonwealth, ex. of Pennsylvania are but its agents. We ceed the same interests in Ohio, but eleare the chosen counsellors of the peo- tainly not as ten to one. But, sir, it is beple, selected to prepare for them their cause our interests in this State are great; letter of attorney to their agent, restricting because our business is almost beyond thenl all, legislative as well as others, in limit, and must still increase; it is, I say. 442 DEBATES OF THE because of the magnitude of our material to underlie every good government, and interests, that we should not empower our that is that all governments should be for agents to constantly tinker with thenm. I the general welfare and the greatest hapdraw from such ficts a truth the very piness of the greatest number, and that opposite of the matters stated upon this our duty will be best performed here floor in favor of annualsessions. There is when we so act as to bring about that reprobably not in this Convention a lawyer suilt. And as we can effect that as much who does not know that not only our busi- indirectly by reducing the burdens of the ness interests, but even cases actually in people as by directly increasing their hapcourt, are constantly affected by legisla- piness, therefore I shall vote for biennial tion, and not always fairly, and this is sessions, for the reason that while the exone of the evils we hope to paliate by penses of the Legislature amount to about abolishing annual sessions. Suitorsstrong a half a million of dollars per session, if and powerful have now the ability to ap- you have but one session in two years you proach the Legislature constantly during at least save that expense to the people. the times when our courts are sitting and When 1 see the evident tendency of this ask for legislation that shall affect causes Convention to restrict the Legislature actually under trial. from engaging in special legislation, and The argument that we are taking power thereby remove nine-tenths of their lafromn the people by changing to biennial bors, I can see at a glance that when we sessions would, as I have said, be one that do thus restrict them we also reduce, by awould be overpowering with me, if I could at least an equal proportion, the amount concur in it; and if annual sessions would of general legislation which will theretend to decrease instead of increasing the after be necessary, because general legisfrauds and outrages at elections, to which lation, as a rule, now results from the the gentleman from Philadelphia (MIr. enormous amount of special legislation Cuyler) refers, that too would be conclu- which necessitates general legislation save of lly vote. But I cannot satisfy my- afterward. self of the correctness of such positions, I shall vote for biennial sessions,because and I find it comes back simply to a ques- the Legislature, by meeting once in two tion of restriction upon the agents of the years, can accomplish all that is necessary people, to be suggested by us, and I, for for the interests of this Commonwealth, one, will vote to refer it to the people, be- unless, as some of the gentlemen have cause I desire, while I repent what is past, said, the appropriation bills canlnot be to avoid what is to come from the State passed. As to that, sir, let me say that if Legislature of Pennsylvania. it require an expenditure of half a mnillion BMr. I>AER. Mlr. Chairman: I have not of dollars to appropriate money for the taken part in this discussion, although I annual expenses of this Colnmonwealth,.hav-e -watched its progress with great in- that leaving out of the question the exterest, and do not now desire to do so; pense to which the Legislature annually but I shall be required to vote on the pro- subjects the State, the balance of the apposition now pending before the commiit- propriations do not amount to such an tee, and I wish to give my reasons which enormous sum. And if there were merit will guide me in that vote. I aml not one in that argument it would be a very easy of those who come here for the purpose of matter to meet. It will be very easy for miaking speeches to the Convention about this Convention or the Legislature to the dishonesty of menmbers of tlhe State provide in their biennial sessions for Leg'islature, or to engage in defaming them such a contingency. Nor can I see as though they were the greatest villains how this Convention can fail to provide in the country, because I believe they are for more restricted sessions of the Legisjust as the people make them. That they lature. The people of this Commonwealth are the average men of this Common- are looking for reform. This Convention wealtlh, and that if we have rogues and was called in order to effect reform, and villains there it is because too many of us the people are looking to us to give them w-rho vote for them are nmen of the like a fundamental law that shall reduce the character. burdens that now oppress them, and the I shall, therefore, not base my vote on proposition to make the sessions of the the question of a fraudulent or a corrupt Legislature biennial instead of annual is Legislature. I base it upon the principle a tendency in the right direction. It is which will guide me in all the votes that one which the people will sustain and apI shall give here, a principle that ought prove, and I apprehend that if we wish CONSTITUTIONAL CONVENTION. 443 the Constitution we are to frame approved can have the free and proper rights which by the people, we should so draft it that the State is bound to bestow upon thelm, it shall command their approbation. For and that the railroad comlpanies mostlys the reasons named I shall vote for bien- fear this. They do not ask for special legnial sessions. islation. They would prefer generallaws, nMr. J. PRICEa WETIIHERILL. Mr. Chair- but they say that they must be repreman: I will not occupy the timne of this sented in Harrisburg in order that adverse commlittee for more than a very few mo- legislation shall not be passed to their -ments in speaking in reference to this injury. matter. I am clearly in tfvor, not only of Give us a good general railroad law biennial elections, but also of biennial and there will be no special legislation sessions, and my remarks shall apply asked for. WVe have, to-clay, upon our simply and only in answer to the argu- statute books a railroad law which is inefmnent that has fallen from the lips of my fective; a railroad law, as the gentlemen colleague from Philadelphia (Mr. Cuy- in the iinority report state, under which ler.) In the first place I agree entirely not one single rail can be laid. That is a -with him in reference to the fraud and reason why so much special legislation is corruption to which lie has so eloquently asked; for " this is the reason why railalluded, and at the same time I regret road companies must ask for special legisthat when a political criminil, a maln who lation, because they cannot, under an imhas committed fraud in an election, has perfect railroad law, act with advantage been arrested and by due process of law to the stockholders or the public;" but placed in a felon's cell, there can be found give them such a law as will be' fllamed in this or any other city men who are so by a proper body, broad and colprelhenanxious to get him out, so anxious to al- sive, and then they will be satisfied. low hinm to run at large, so anxious that The same remarks will apply to the manlie may reproduce that fraud and corrup- ufacturing interests of this State. I know tion for which he was incarcerated, that very well that, as our people grow in years, they will sign a petition for his pardon. I they will need general manufacturing rejoiced to hear the gentleman from laws upon a broad, coimprehensive basis. Philadelphia (Mr. Cuyler) condemn any I know very well, to meet the sharp trade 1nman who is guilty of an act of that sort competition that now exists, aggregated either in general or State elections. I capital must be secured. What the dealer know, sir, that the other day, after a great wants and what the manufacturer demands deal of trouble, our courts did convict is a stable manui:cturing law. They do and incarcerate in this city a man notori- not wish to be in such a position that they ously connected with political corruption. must keep their attention fixed upon And, sir, that man was recently par- Harrisburg, every year, to see whether donecd; pardone upon the application of the law has changed. Is it not quite suflisome of the best men, some of the leading cient that they, as at present, must have men in the city of Philadelphia. Know- their attention fixed upon Washington, ing that fact very well, I rise in my place where revenue and tariff laws are colnto say here and now, that I hope every tinually changing to their injury, andl man -will join in thle severe rebuke which should they be compelled to watch both the gentleman from Philadelphia (Mr. points? We want ageneral railroad law; Cuyler) has given to that sort of proce- we want a general manufacturing law, dlure. both fixed and stable. Stability is the The gentleman has said, and I merely life of trade. With annual sessions the allude to this because it has not been danger of change is great; with biennial touched upon by any of the gentlemen sessions that danger is reduced one-half, +wvho have so far spoken upon tihe subject, and thereby will bring relief, as far as it that he believes that the railway inter- goes, to the constant dread of too much ests of this great State will suffer if an- legislation upon the vast interests of niual sessions shall not be the rule. Why, -mining and mlanufacturing in the State. sir,in the little infomation that I can gather For these reasons I do hope that the secin regard to that matter, in conversation tion, as it has been presented by the coinwith some of the men who help manage mittee, will be adopted. the vast railroad interests of this State, I Mr. K.AINE. Mro Chairman: I desire to find that what they, in the mnain, desire, is say but few words upon this question. I a general railroad law, broad and comn- was opposed to changing the Constitution prehensive, under which any corporation from annual to biennial elections of the 441 DEBATES OF THE Legislature; but this Convention, by a Legislature occurs biennially, since tihe very large majority, have decided other- adoption of their Constitution of 1850, wise, and therefore I submit. But upon there has not been a single year, but one, this question, Mr. Ch1airman, I think there in which they have not had annual sesshould be r o two opinions in this Conven- sions of the Legislature. And I was intion. Although not much harm may formed further, sir, by that gentleman, arise from electing the members of the that the Convention which was then prolower house of the Legislature every two posed to be called, and which has since years, yet I apprehend that the great been provided for, would strike fiomn the interests of the Commonwealth of Penn- Constitution that provision and elect the sylvania require that that branch of the members of the Legislature annually. Legislature, or that the Legislature, should NToW, sir, if the experienc- of Ohio is ]ueet annually. There is a great deal ~worth anything, it is worth something to more business for the Legislature to do us upon that subject. But I care nofor the people of Pennsylvania than is what Ohio does. I care not what Marysupposed by my friend, the gentleman land does, or W~est Virginia, or any other from Somerset, (Mr. Baer,) or by those State with regard to tis subject. 1 ana wvho have spoken here with reference to satisfied that the welfare of the people of special legislation. There is a great deal Pennsylvania require, if not annual elecmore for the people, in the representative tions, at least nrlnual eetings of the lincapacity, to do than that. We have all sembly. Terefore, I hope the eral Assembly. Therefore, I hope the our moral, social and educational interests ~Xl' st~allmeldlent now proposed will prevail, to tend to. We have our system of com- and although we may elect our members mon schools that require an annual ap- of the Leislature every two years, that propriation and annual supervision. We they sll assemble at ibug an llave all our various educational interests ally of the State, our charitable institutions, penitentiaries, and everything of that one of those who voted for biennial eleckind, that must, and will, from year to tions of members of the Leislatur year, and one year after another, moreof the egislture,eparticularly as the State increases in signing at the time, unless 1m judgment wealth and population; all these'matters was changec by some person, to vote for annual sessions. I will, very briefly, give will, more and more, require the atten- annal n Iwillvey bielygive tion of annual sessions of the Legislature. my reasons for that vote. MI~r. Chairnman, reference Twtas made the I look upon the legislative department other day to the State of Ohio, by the gen- of tie government as the people's detleman from Crawflord (UMr. iMinor.) Re- partment, as the people's guard against ference has been made this morning to his the encroachment of power through the renmarl1iladelphia, it is no manner of use to city, who had made all the money that clldetrake to rebuke or to punish these they expected they could, thought they fr.tadis. But I cannot, for the life of me, might get upanother job. They ran off to see what this has to do with holding bien- Harrisburg in order to oust others from didtl sessions. I cannot see what the par- positions in which they -ere honorably 446 DEBATES OF THE placed. They have the impudence to offer to pass them through the British Parliaa bill in the Hiouse of Representatives mient. In that body a commission is isasking the abolition, altogether, of our city sued, and all the evidence that bears government, and to reinstate in office upon a question is gathered patiently and. mnen who are unworthy of the confidence thoughtfully. Then, after it is gathered, it of the people. is referred to a committee, carefully diNow it has been said that the Legisla- gested, and a general law is the result of ture should assemble only for the pur- such an investigation. pose of having our appropriations proper- General laws, hastily passed as thle ly attended to. To be sure that is a very general laws of the Commonwealth of grave question, and in fact the question Pennsylvania have been, are very apt to we have now under consideration is one be, as I believe they are apt to be in other of the very gravest character; but we States also, hurtful instead of beneficial, should look at it in all its lights, and if and special legislation comes to be neceswe believe that we can have less evil sary in a large degree, by reason of the emanating from having our Legislature imperfect character of the general law. assemble biennially, I believe this Con- I would pass general laws after a thorvention should so provide. ough and careful study of the whole quesTlhe gentleman from Fayette (Mr. tion. I would notpass ageneral law until Kaine) has said that in the State of Ohio, all the facts that ought to enter into the since 1850, although the Constitution pro- consideration in the framing of that law vides for biennial sessions, that they b-ave had been carefully gathered and carefully annual sessions. Then we are to believe digested. Even after that was done, octhat in the State of Ohio there have exi- casions would present themselves w-here gencies arisen, in every instance, that the law, by reason of its generalityS, wouldldemanded a session of the Legislature; fail to achieve the purpose, and a special and why should not that be the case statute would be necessary. here? We expect to place in the Consti- I wish to be understood as saying that tution of our State, as adopted, as I under- the necessity for general laws will always stand it, a proviso or a clause, giving the continue to exist. The Legislature could Governor the power to call the Legisla- not to-day, even if all the facts were beture together whenever, in his judgment, fore it, pass those general laws which lie should deem it wise, and for the best shal meet the necessities of the Commoninterests of the State; and I do believe wealth for ages to come. New classes of that, taking this view of the question- subjects will constantly arise; new quesoutside of this clamor of fraudulent elec- tions constantly present themnselves, and tions-because I believe that the reforms there will be a necessity for the passage of which I spoke a while ago, and the re- of general laws for all time. Such was forms that this Convention certainly will the thought I meant to express when i. adopt, -will do away with all that kind of was last upon the floor. If I -was underbusiness-when I cast my vote it will be stood as advocating special legislation, to cast upon this subject, based upon the the exclusion of general legislation, I theory that we will have honest elections either in the haste of speaking expressed and honest legislators, and that they mnyself more strongly than I designed to);ill do the will of the people who send do or have been mi apprehended. them. iMr. LILLY. nMr. Chairman: I ali in IMr. CUYLE-R. Mr. Chairman: I desire fiavor of annual elections and annual to make a single remlark, because I find sessions, and will vote therefor inl Conin one respect I was misapprehended in vention, upon see ond r eading, an shall what I said a little while ago. I did not put myself upon the record as so doing, intend to use language which would lead when the yeas and nays are called. gentlemen to think that I was in favor of There is one thing that has not been: special legislation as against general legis- said upon this subject, one argument in lation, at all times and under all circuml- favor of annual elections that has not beenl stances, yet I find there are gentlemen touched. Suppose the Governor of the on this floor who seem to have understood Commonwealth should commit a misdeme as thus having expressed myself. meanor against the laws of the CommonI am in favor of general legislation, wealth, to such an extent that his imfounded upon a large generalization of peachinent would be necessary. Now, sir, facts cautiously ascertained. I would is lie going to call a session of the Legislapass general laws as they are accustomed ture to impeach himself? You will have CONSTITUTIONAL CONVENTION. 447 an interregnumI of two years. In the for fear the people will not like the exmeantime his office will expire, and he pense, and he does not like to take the will go unwhipped of public justice, be- odium upon his own shoulders, of calling cause of your biennial sessions. a special session. The consequence is that Mr. ]BUCKALEW. The same with other they have to suffer for it. officers. For these reasons, Mr. Chairnman, I Mr. LILLY. The same thing is true of make this statement. I do not call it a his appointees, or other officers that are speech. I did not intend to make a his friends. You cannot reach them at all speech, and I hope the vote will be taken. until the Legislature meets. The old Mr. CARTER. MIr. Chairman: I do not Constitution says, and I presume the new design to detain the committee but a few Constitution will say, that impeachment minutes. In reply to what the gentleIan lies with the Legislature. from Carbon (Mr. Lilly) has just said, Now that is a strong argument that we with reference to the condition of things make for annual sessions, in addition to in Indiana, I will meet the statemlent, what the gentleman from Columbia (M[r. or the statement of the gentleman with B3uckalev) and others have said. whom he has conferred, as to the actual I do not wish to nauseate the Conven- workings of the biennial system in that tion or the people by saying anything State, by the fact that Illinois, the adjoinabout the corruptions of the Legislature. n g State has adopted it by the ConstituWe have already heard enough upon that tion of 1870. It seems to me that a fact of subject. I have had a little experience at that kind is more conclusive in its charHarrisburg. I was a member of the Leg- acter than the desultory conversatmons islature a great many years ago, at the that the gentleman may have had with time when my friend from Delaware (Mr citizens of Indiana. So much for that Broomall) said there was no corruption. point. I am prepared to say that we never heard There are many things that I w-ould of it at that time. like to say, but I will not trespass upon I have been there since, as a member of the time of the Convention; but the gellthe lobby, no t belonging to a ring, how- tieman from Philadelphia (Mr. Biddle) ever, but for the purpose of seeing legiti- in speaking on last Saturday, in reference nlate bills through. I admit that I have to this matter, remarked that it swould be met with this corruption, as it is called, advantageous to have a prompt and quick not from members of the Legislature, but response to the xwishes of the people, by a by the lobby, who had influence to pre- legislative body which would be quick vent legislation. They have held my bills to assemble. The inference from this there for weeks and months, but when I argument would be that the body should got them to understand that I never paid be almost permanently in session, and a penny for the passage of a bill, my bills thus crystalized into law the desires and passed, and if every other gentleman and wishes of the people. every corporation that goes to Harrisburg Noow I dissent, in tote, from that posiand asks for legislation that is proper, and tion. In the few remarks which I mlade rigidly stands by the same principle, you on a former occasion, it will be relolenwill get rid of the corruption. There is bered that I made the statement of this where the difficulty lies. If you go to general principle that that people are govIIarrisburg and leave your pocket-book erned best who are goverened least, and at home all corruption will cease. I believe that has been true in the past, is I do not wish to say anything further true now, and always will be true in the upon that subject. I have been in the future. I believe thereis a disposition to State of Indiana considerably-since they look for legislative aid in cases w ere it is have had their biennial sessions. I have not required, and I wolld say, in reply to nmet and talked with many gentlemen the gentleman from Philadelphia, (Mr. there, and I can say that I never have Biddle,) that I dissent, in toto, from his talked with one that is in favor of their view of the necessity of prompt legislasystem of biennial sessions. All of them tion. I believe in the language of Martin tell me that it is necessary that their Leg- Van Buren, that there is such a thing as islature should meet once a year, and they the sober, second thought of the people, suffer greatly when it does not meet. I and oftentimes hasty and impulsive achave asked them why they do not get tionl may be taken and legislation effected. their Governpr to call a special session. under that impulse which is not needed They ansxwer that he is afraid to do so and not required. Now one worid in 44(8 DEBATES OF THE reference to the remarks of the gentle- sessions of the Legislature in this State, man who preceded me in regard to these when they have worked so well in other points. He spoke of the vast and varied States, and have never been repealed in a interests of the State of Pennsylvania as single instance where they have been once one reason why there should be annual adopted. sessions of the Legislature. I would ask Mr. CAMIPBELL. Mr. Chairman: I will the gentleman if he does not know that not detain the Convention more than a the State of Illinois has advanced more few minutes. I simply wish to make a rapidly than any other State in the Union, statement in reference to the vote that I and has not experienced any of this im- shall give upon this subject. Believing pure legislation since the adoption of bi- in the democratic theory of government, ennial sessions. I believe that the statis- that all power is inherent in the people, tics will bear me out in saying that the and that all just government, as my friend State of Illinois has increased in material from Somerset (Mr. Baer) very happily wealth and prosperity in the last decade expressed it a few moments ago, should faster than any other State. I may be provide the greatest good for the greatest mistaken in point of fact, but I think that number of people, and believing, further, this progress and improvement is closely that all the officers or servants of the peoconnected with the vast and varied in- pie should be directly, and at short interterests, manufacturing and otherwise, vals, accountable to them, I shall cast throughout the State. I therefore think my vote, not only for annual sessions of that the gentleman's argument entirely the Legislature, but also, when the time falls to the ground. The gentleman from arrives, and the subject comes before the Fayette (Mr. Kaine) speaks of the ne- Convention, I shall vote for annual eleccessity of annual sessions of the Legisla- tions of members of the Legislature. I ture for the purpose of attending to mat- believe that the remedy for all the evils ters of school interests. I would ask the from which we are now suffering, as regentleman if he is not aware that these gards the Legislature, lies in the removal great States that have adopted biennial of the temptation to commit them, by resessions have also important school in- stricting the power of passing special terests, which a re not supposed to be now laws in the Legislature, and thus getting suffering. I know the experience of time rid of the immense amount of corrupis not hurtful, and that it is rather bene- tion which is now complained of. I think ficial than otherwise in preventing inju- that these evils will be further remedied dicious and hasty legislation. I do not by providing a simple and pure method expect that all the evils which afflict this of election by which the people can select Commonwealth are to be remedied by the the proper class of representatives. I beniere substitution of biennial for annual lieve that a Legislature, when composed elections. It is only a part of this general of good men, elected by means of fair plan of reform. It is true, as the gentle- elections-of men who will not be tempted man from Philadelphia (IMr. Dallas) in- by the immense means of corruption dicated, that reform should commence at which influence the members of present the root, and I venture to say if this Con- Legislatures-will prove a bulwark to vention will apply the axe to the root of the liberties of the people. Such a Legisthe evil we shall soon have pure elec- lature, composed of honest men, should tions. I believe, to some extent, that bi- sit annually, in order to protect the interennial elections will prove an auxiliary ests of the people from the encroachments to the action of this bodl, and that it will of the power of the Executive and of the become the capstone to the legislative de- judicial departments of this Commonvices we are to put in operation. wealth. I believe there is as much danThose of our members who advocate bi- ger to be feared from the Executive deennial sessions as a part of the Constitu- partment and from the judicial departtion look upon them as a part of the gen- ment of the government, from the posieral scheme of reform. We have never tions which they may take upon matters advocated biennial sessions as essential, affecting'he interests of the people, as but as a valuable adjunct to the work of there is from the Legislature. And I tLe Convention. I have nothing further therefore shall vote to have annual sesto do now than to close, in perfect candor sions of the Legislature, so that it shall and truth, the views 1 have advanced, and stand between the people of the State and to ask the Convention if it is not a strong whatever usurped power the Executive reason for urging the adoption of biennial or judicial departmenits may wish to exer CONSTITUTIONAL CONVENTION. 449 cise in subverting or overthrowing their know that an appropriation bill itself is a rights. source of wrangle, barter and corruption Mr. MACVEAGTH. Mir. Chairman: Be- for services to be rendered in measures fore the vote is taken upon this question yet to come. I trust that the Convention I simply desire to say that the gentlemen will not take a backward step. Infinitely who will vote against it do not wish to be better would it have been to have voted mnisunderstood. They recognize the evils for annual elections than to vote for biento which the gentleman from Philadel- nial elections and annual sessions. If you phia (Mr. Cuyler) has referred, and which are to have annual sessions, for God'ssake his colleague (Mr. Dallas) has admitted, give the people the right to strike out this but they agree with the statement of his question. Do not vote for biennial eleccolleague that the evil of legislative cor- tions and for annual sessions unless some ruption does not necessarily follow,in any special occasion, some great crisis in the very great degree, from the evils of fraudu- condition of affairs arises, and for that lent elections in the great cities. It is not crisis and for that occasion you have made true that the Legislature of Pennsylvania, ample provision. I trust, therefore, that as a general rule, is not fairly nominated the committee will adhere to the ground and honestly elected. I have never known it took yesterday, and defeat this amendin the county in which I passed almost ment, and admonish, though it cannot all my life any man to be unfairly nomi- wholly eradicate, this great evil to which nated or unfairly elected, and therefore it the legislation in this State is exposed. is idle for the gentleman from York (Mr. Mr. BUCKALEW. Mr. Chairman: I deCochran) to insist that because gentlemen sire to withdraw the amendment I offered, are fairly nominated and fairly elected, and to amend the fifth section, by insertthat they therefore are necessarily honest ing after the word "meet" the word "anin their legislative offices. Disgusting nually," and striking out the following private schemes in general terms are words: " Succeeding the adoption of this brought to the legislative body, and the Constitution, and every two years therevirtue of legislators is seduced precisely after." The section will then read: "The as the gentleman from Philadelphia stated. General Assembly shall meet annually, at And one of the crying evils, to which no twelve o'clock noon, on the first Tuesday allusion was made yesterday, which is a of January, unless sooner convened by complete answer to the argument of the the Governor in special session." gentleman from Columbia, it seems to me, On the question of agreeing to the amendwas first mentioned this morning by the nment, a division was called, resulting: gentleman from Philadelphia. I was not Thirty-nine in the affirmative; sixty-four present when he stated the matter to ask in the negative. him if he did not have professional know- So the amendment was rejected. ledge, and that it would be no violation of Mr. FUN-cK. Mvlr. Chairman: I offer the duty to state here that such crimes against following amendment, to go at the end of the public virtue had been committed, the section: as the passing of general laws to affect spe- "And when so convened shall have cial cases actually pending in the courts power to legislate upon no other subject of this Commonwealth. That such legis- than such as the Governor may specially lation has been hadwe all know. It is not an submit for its consideration." unusualmatter that when awealthysuitor Mr. HAY. MIr. Chairman: I rise to call finds himself at the bar of justice, instead the attention of the Chair to the fact that of awaiting the decision of his case by the I have already submitted an amendment due course of law, he runs to the Legisla- of that character, which is to be voted ture and, by a general act of Assembly, upon after the vote has been taken upon sweeps away his adversary's cause, and the amendment to which it is offered. yet gentlemen have said upon this floor Mr. MINOR. Mr. Chairman: I offered that the Legislature is the bulwark of the an amendment to the amendment, which people. God pity the people of this Com- I have not withdrawn. monwealth, I say from the bottom of my The CHAIRMAN. Whatwasthatamendheart, if all their liberties, all their inter- ment, sir? ests and all their rights have no better pro- Mr. MINOR. Mr. Chairman: It was to tection than a State Legislature. The peo- the same purport. The gentleman on my pie will protect and defend themselves, right (Mr. Hay) offered an amendment. and they do not desire even here an ap- I offered an amendment to that, and that propriation, in my judgment, for we all amendment was not withdrawn. 29 450 DEBATES OF THE The CHAIRMAN. The Chair understood in every thing that lihe says, but the duty that both the amendment and the amend- of the Committee on Legislation seems to ment to the amendment were withdrawn. me to be specifically to provide subj ects Mr. MImOR. Mr. Chairman: The amend- of legislation, and not to act upon the ment to the amendment was not with- power of the legislative body. I would drawn. be unwilling to withdraw this amendMr. HAY. Mr. Chairman: The amend- ment and run the risk of the report of the ment which I offered to the amendment Committee on Legislation, not including was only withdrawn until the vote should this subj ect if the committee of the whole be taken on the amendment, which has is ready to adopt the proposition now. 1 just been voted upon. Then the amend- would prefer that it should now be voted ment to the amendmentwould be inorder. upon. I am not tenacious as to the M1r. TE)MPLE. Mr. Chairman: Icallfor phraseology of the amendment which 1 the reading of the amendment to the have submitted, and it can at any future amendment. time be amended, if the Committee on The CLERK. Mr. Hay's amendment Legislation will report anything of the was as follows: kind which will be an improvement on "And when convened in special session the proposition which I have submitted. there shall be no legislation upon sub- But it seems to me that this is the article jects not particularly mentioned in the in which the proposition should be inproclamation of the Governor calling serted, if at all. The section under consuch session." sideration refers to the Legislature being Mr. NE0WLIN. Mr. Chairman: I desire convened in special session; therefore it the amendment offered by the gentleman seems to me that'we should here limit their from Crawford (Mr. Minor) read for the action when so convened, only to such information of the Contention. subj ects as have been specially mentioned The CLERK. Mr. Minor moved to in the proclamation of the Governor callamend the amendment as follows: ing them together, and of which they "By striking out "in special session," themselves, the members of the General and inserting "who shall state, in writing, Assembly, and the people have had preto both Houses, when assembled, the pur- vious information in the Governor's call. pose for which they are convened." If this is voted down I shall renew it The amendment to the amendment when the report of the Committee on Leg(Mr. Minor's) was rejected. islation is presented. The CHAIRMAN. The question now re- Mr. SIMPSON. Mr. Chairman: I desire curs upon the amendment offered by the simply to say that I would vote for the gentleman from Allegheny (Mr. Hay.) amendment of the gentleman from AlleMIr. MAcVEAOG. Mr. Chairman: I rise gheny (Mr. Hay) if it were offered in simply to desire the gentleman from Alle- another place, but I shall vote against it gheny (Mr. Hay) to withdraw his motion, now. I would vote for such a proposition as it is at present before the committee, if we had before us the subject of the limand have it referred to the Committee on itation of the powers of the Legislature, Legislation. The distinction: which we but I think the subject properly belongs have tried to keep in our minds is, I think, to the Committee on Legislation, and I a very clear one. That the work of the presume that that conmmlittee will report Committee on Legislation included all a clause covering the idea suggested in that was necessary to the construction of this amendment in reference to limitathe legislative machine, preparatory to tions. And l will vote against this amlnldgoing to work, but not directing either mlent, because it seems to me that it would the manner of its work or the limitations destroy the harmony of this whole article. upon its powers when thus constituted. This article, as I take it, and as has been The duty devolving upon the Committee stated by the gentleman from Dauphin, on Legislation was simply the constitu- (Mr. MacVeagh,) is simply firamed as the ting of the machine, and therefore it framework, the construction of the Legseems to me that this amendment is ap- islature, showing how they are to be propriate to the Committee on Legisla- brought together and assembled, as the tiOl. mechanics say in their workshops. What Mr. HAY. Mir. Chairman: It does not the Legislature is to do when assembled seelm so to me. There is, of course, a is a subject which properly belongs to the great deal'of force in what the gentleman Committee on Legislation, and therefore (Mr. MacVeagh) just has said, as there is I shall vote against it here, while I may CONSTITUTIONAL CONVENTION. 451 vote for it when we come to consider the was called, which resulted forty-one in the report of the Committee on Legislation. affirmative, forty-five inthe negative. So Mr. HOWARD. 1Mr. Chairmean: I think the amendmdment to the amendment was it is a perfectly proper amendment, and rejected. is in exactly the right place, and I think Mr. LANDIS. Mr. Chairman: I desire we will do better to put it in now. Then to offer the following amendment. I will there will be no mistake about it. There state before the amendment is read, that will be no danger of its being omitted by in the fifth section there is a provision the Committee on Legislation when that made for the assembling of the Legislacommittee makes its report. If there is ture every two years. Therefore, for the to be a special session of the Legislature purpose of avoiding ambiguity, and of fixcalled by the Governor, it is just as well ing the clay of meeting more certainly, I that we should say now what shall be con- offer the following amendment: sidered by the Legislature at that special To insert after the word "and" the session, and that we should incorporate words " at the same hour on the first Tuesinto the Constitution a provision that the day of January." Governor shall state in his proclamation Mr. MACVEAGHI. Mr. Chairman: That the special reasons for calling the Legisla- amendment simply carries out the amendture together. There are a hundred rea- ment which was made in the former secsons that we can state -why that matter tion. It is simply a verbal amendment to should be stated in the proclamation of make the article harmonious in its structhe Governor, and if such a proposition as ture, and therefore I trust the committee this is proper to be adopted at all, this is will agree to it. precisely the place, in my judgment, Mr. LANDIS. Mr. Chairman: The obwhere we should incorporate it. ject I have in offering this amendment is Mr. HAY. Mr. Chairman: I think that to secure a uniform day for the assemmy colleague, the gentleman from Alle- bling of the Legislature. As the section gheny, (MIr. -,) misunderstood the at present.reads, every few years the day nature of the amendment to some extent. of the meeting of the General Assembly It would, of course, be proper in the arti- might fall later in the week than Tuesday. cle upon the Executive department, to re- Mr. DARLINGTON. Mr. Chairman: I quire the Governor to confine his procla- move to further amend, as follows: mation to the objects of his call and to To strike out the last three words-" in state the reasons for issuing the same. The special session." object of my amendment in this place is Mr. DARLINGTON. Mr. Chairman: I to insert a provision confining the Legisla- have not offered this amendment with the ture to action upon such subjects as have intention of occupying the attention of been mentioned in the Governor's procla- this committee, nor do I propose to speak mation. upon the proposition. 1 desire simply to Mr. WHE RRY. Mr. Chairman: I sug- call the attention of the committee to the gest that there are two distinct and sepa- proposed amendment. You will perrate limitations here. Thereisthe limita- ceive that the sentence is complete withtion upon the Governor for the call of the out the three words which it is the design Legislature in extra session, and then that of my amendment to erase. "Unless is to be followed by the limitation upon sooner convened bythe Governor" 1wouldc the legislative department in its action be the language of the section omittin-g, under the call. It seems to me that the the concluding words as it at present questionthus naturally divides itself, and stands. Now the Legislature can only be that this difficulty can be obviated by convened by the Governor in special seslimiting the present amendment to the sion, and therefore the words " in special Executive department. session" are redundant. The Governor Mr. DARLINGTON. Mr. Chairman: will convene the General Assemnbly What is the precise question before the whenever he sees occasion for it, and then committee? we will have two kinds of sessions-those The CLERK. "And when convened in which are provided for in the Constitution special session, there shall be no legisla- and those which will be called by the Extion on subjects not particularly men- ecutive under special emergencies. But tioned in the proclamation of the Gover- the sessions called by the Governor can nor calling such session." only be special sessions, and therefore the On the question of agreeing to the closing words of this section are unnecesamendment to the amendment, adivision sary. They are special sessions, inevit.a 452 DE-BATES OF THE bly, why then say so. Such sessions are shall be chosen, unless' he shall have been spoken of in the old Constitution as absent on the public business of the Uni"whenever he may, on extraordinary oc- ted States or of this State, and no, lerson casions,, convene the General Assembly,"' shall hold said office after he shall have) without saying anything about the fbrm removed from said district. or feature of the kind of sessions. The Mr. {AcY'VEA,GU. r-There is evidently a words I have moved to omit are unnece"- misprint in this section. It is exactly a sary. A speeial call of the Executive is copy from the Constitution of 1838. The indispensable fbr any but a periodical sesL words "has been." in the second lire, sion of the Legislature, and, therefore, as ought either to have been omitted, or eise the sense of this sentence is complete they should be "have been," The Clerk without its conclricing three wvords', it then erased the wordc "has," and insertwould be better without them.I ed " have." Mr. MACVE.AGH.. Mr. Chairman: I re- Mr. LE~ARE The provision of this; secgret that the motion of the gentleman tion is very nearly the samle as it is in the froml Chester (Mr; Darlington) requires Constitution of 183S. As. the reading now that I should say another word on the fi, however, it will convey the idea that subject of this report, The very object I presume it isnotintended to convey. It sought to be obtained by the Conmmittee says: "No person shall be a Senator who on Legislature was to allow the Committee shall not have attained the age of twentyo-n Legislation, if thley saw fit, tc report a five years,," and if you place the next special limitation on the subjects to be clause in connection, "and who has been legislated upon. An-d these words were a citizen and inh abitant of the State fourl supposed to represent that distinction years," &c. Now it is sturelynotintended very clearly. For instance, the Coimmit- to provide that no person shall be a Senatee on the Executive would report that, tor who has been a citizen of the State for when the Executive convenes the Legis- ffiur years; but, on the contrary, I prelature, his proclamation shall declare the sume it was intended to mean that no objects for which it is convened. Then person shall be a Senator who shall not the Committee on Legislation can report have attained the age of twenty-five years, that, when convened in special session, and who shall not have been a citizen for the Legislature shall be limited to the four years. Although it is in the Constiobjects of the call, and then these three tution the same way, it is not correct. Itt.Words, to which the gentleman from should either be all affirmative or all Chester objects,'will ren through the en- negative. It should either state the quallifitire instrumnent. I think, therefore, that cations of a Senator affirmatively, or else they are useful and should be retained. it should state the disqualifications disMr. DARLINCTON. Mr. Chairman: What tinctly, so as to specifically exclude those other kind of sessions would exist when who should not be Senators. I therefore the Governor called them than special move to amend, by inserting the word sessions. Special sessions are the only'"not" after the word "and," so as to read, sessions the Governor can caIl, and there- "and not have been." fore the use of these three words are un- Mir. MACVEAGH. I would observe that necessary. Any session called by the it might be well to refer the question of Governor is a special session. As the the grammar of the old Constitution to sentence stands it is bad g-ranmmar. It my friend from Chester (Mr. Darlingwould be better to leave these last three ton.) words out. The sentence would be bene- Mr. DARLINGTON. I wish to say to the fired by it. gentleman from Bucks (Mr. Lear) that The amendment to the amendment he will attain his object by striking out (M:-. Darlington's) was rejected. the wNord "has." It will then read: "That The question being upon the section as no person who shall not have attained the amended, it was agreed to. age of twenty-five years and been a citiThe sixth section was then read as fol- zen," &c. lows: Mr. HAY. I now move to amend', by Sixth. No person shall be a Senator who striking out the words "not have," after shall not have attained the age of twenty- the word " and." For my part I do not five years, and has been a citizen and in- appreciate the criticism of the gentleman habitant of the State four years next be- from Bucks (Mr. Lear.) I think the old fore his election, and the last year thereof Constitution and the section as reported an inhabitant of the district for which he by the committee were more correct than CONSTITUTIONAL CONVENTION. 453 awe have it now, and, to avoid a motion to The question being upon the section, it re-consider, I move to strike out the was agreedl to. words "not have." I think the force of The eighth section was then read, as the first word "not" is carried along to follow.s: the next clause. Eighth. No Senator or Representative MIr. MACVEAGR. The amendment of- shall, during the time for which he shall fered by the gentleman from Bucks (Mr. have been elected, be appointed to any,Lear) has not been adopted. civil office under this Commonwealth Mr. HAY. Has it not? which shall have been created, or the Mr. IACVEA*11. No. emoluments of which shall have been Mr. HAY. I thought it had benen. increased during such time, and no melnMr. HAY. I thought it had been' ber of Congress or other person holding any office (except of attorney-at-law and guage precisely of the Constitution of in the militia) uder the United States, or 183', and I confess that if there is a gram- this Commonwealth, shall be a member matical fault in it, I am unable to see it. of either House during his continuance in I remember that in my school-boy days, Congress or in office. not a very long while ago, I was required The question being upon the section, it'to parse this. clause: "' This says there is, was agreed to. and that there is no law,"' and my school- The ninth seetion was then read, as mistress held that the word " no " held to follows: the entire sentence. If so, the word "not'. Ninthl. No person who has been orherewould apply in this case. after shall be convicted of bribery, per5Mr. CURnHI. I ask the gentleman from jury, or other infamous crime, or who has Allegheny (Mr. Hay) to modify his been or may be a collector or holder of amendment, so as to read: "No person public moneys, who shall not have acshall be a Senator unless he shall have at- counted for and paid over, according to tained," c&., leaving out the words "who" law, all such moneys due from him, shall and " not" altogether. le eligible to the General Assembly or to Mr. MAcVEAcGH. I trust the committee any office of profit or trust in this State. of the whole will not indulge, thought- The question being upon the section, it lessly at least, in sudden grammatical was agreed to. changes of sections of the Constitution, The tenth section was then read, as folunder which we have been living, as is lows: the case with this section, which is taken Tenth. Every member of the General from the old Constitution. That Constitu- Assembly, before he enters upon his offition was carefully drawn and submitted cial duties, shall take and subscribe the to a committee of revision, and to the Con- following oath or affirmation:' I do solvention as wellas to the people. I do trust emnly swear (or affirm) that I will supwe will accept the words of the last forty port the Constitution of the United States years if we accept the doctrine of the last and the Constitution of the State of Pennforty years. sylvania, and will faithfully discharge the The question being upon the amend- duties of Senator (or Representative) acment offered by Mr. Hay, it was rejected. cording to the best of my ability; and I The question then being on the amend- do solemnly swear (or affirm) that I have nment offered by Mr. Lear, it was rejected. not paid or contributed anything, or made The question recurring on the section, any promise, in the nature of a bribe, to it was agreed to. corrupt or influence, directly or indiThe seventh section was then read, as rectly, any vote at the election at which I follows: was chosen to fill the said office; and I do Seventh. No person shall be a Repre- further solemnly swear (or affirm) that I sentative who shall not have attained the have not accepted or received, and that I age of twenty-one years, and have been a will not accept or receive, directly or ind - citizen and inhabitant of the State three rectly, any money or other valuable thing years next before his election, and the last from any corporation, company or person year thereof an inhabitant of the district for any vote or influence I may give cr for which he shall be chosen, unless he withhold on any bill, resolution or appre ( shall have been absent on the public busi- priation, or for any other official act." ness of the United States or of this State; Mr. MACVEAGH. Let me call the atter, and no person shall hold said office after tion of the committee of the whole to a he shall have removed from said district. misprint in this section. The clause "or 454 DEBATES OF THE made any promlise in the nature of a bribe, If he pays money to " influences that is to corrupt or influence," &c., is rendered corruption. wrongly. The word or should not be there at all, and the word corrupt should corruptly fortifies the preceeding statecorruptly fortifies the preceeding statebe corruptl, making it read " corruptly ments, "have not contributed anything," influence." Thisis a typographical error. &c. I wish the Clerk, therefore, would strike out the word " or," and add the syllable Mr. E Then it is not corruptly lvI"I to the word " corrupt." punctuated. The CLERK then made the alteration as The question being upon the amendsuggested. ment, it was rejected. Mr. NEWLIN. Mr. Chairman: I move Mr. SIMPsoN. Mr. Chairman: I confess to strike out the oath submitted by the I like the words of the old Constitution, cominittee, and insert the following: in some respects, better than the words of this section. I prefer the words "this "That I will support the Constitution of the United States and of this State, and Commonwealth to the words "this that I will discharge my duties with fidelity." The question being upon the amendI do not desire to address the committee meint, a division was called for, and reat length upon thisproposition,or, in fact,to suted: In the affirative, fifty-two; in the say anything more than to make this simple negative, twenty-nine. statement of lny reason for offering this So the amendment was agreed to. amendment. It seems to me that a manwho, having been elected by the people, would Mr. HANNA. I move to amend, by strikconsent to take such an oath as has been ing out all after the word " aility,' so reporlted by the Committee on Legislature as to close the oath with the clause "will is just capable of committing all the in- honestly and faithfully discharge the du — famlies which this oath seeks to avoid. ties of Senator (or Representative) according to the best of nay ability." The question being upon the amend- ment, a division was called for, and result- Mr. IT. W. P. ALMER. Mr. Chairman ed: In the affirmative, forty-five; in the Before the question is taken on this oath negative, fifty-seven. I desire to say a word or two. I suppose So the amendmnent was rejected. the purpose is to prevent the use of money in elections. It seems to mue you caln Mr. AL-RICrS. I move to amend, by drive a four-horse team through this secinserting after the word "will" the words tion, and all around it. If we are going l"honestly and," so as to make it read to have an iron-clad oath let us have one. "honestly and faithfully dischalrge the du- Of course, we all understand that money ties."' is used. Here it provides that no man, The question being upon the amend- shall give money to corruptly influence ment, a division was called for, and re- votes. Well, who ever does give money sulted: In the affirmative, fifty-seven; in to corruptly influence votes? But, sir, I the negative, twenty-three. yield for to-day to a motion that the conm-. So the amendment was agreed to. mittee rise, as it is near the hour of ad5Mr. LILLY. I offerthefollowingamend- jorument. mlent, to come in at the end of the section: Mr. CLARK. I move that the committee "That within thirty days after the term do now rise, report progress and ask leave of office expires he shall file with the tosit aai. Whichas agreed to. Secretary of the Commonwealth an affi- So the committee rose. davit that he has faithfully performed the duty, and has not, in any way, violated IN CONVENTION. the oath taken when he entered upon his Mr. CHARLES A. BLACK. Mr. Presicduties." dent: The committee of the whole has The question being upon the amend- had under consideration the report of the ment, it was rejected. Committee on Legislature, and have inMr. EWING. I move to amend, by stril- structed me to report progress and ask ing out the word "corruptly," for, as I leave to sit again. read it, it is just as complete without it. Leave was granted. CONSTITUTIONAL CONVENTION. 455 QUALIFICATIONS OF LEGISLATORS. Mr. STANTON mlloveci that the Convention d'o now adjourn, which was agreed The PRESIDENT presented a communi- to. cation from Spencer High, relating to So, at one o'clock and fifty-five minutes, qualifications of legislators, which was the Convention adjourned until to-l-orlaid on the table. row morning at eleven o'clock, 456 DEBATES OF THE THIRTIETH DAY. THURSDAY, January 30, 1873. to serve for one year. And at the general The Convention met at eleven o'clock. electionnext ensuing, the wlole number Rev. -Mr. CunRY offered prayer, as fol- of Senators shall be chosen from the sevlows: eral districts throughout the State, as they We come before Thee, this morning, Oh shall be at that time constituted by law. Lord, confessing that from everlasting to All those Senators chosen from districts everlasting Thou artGod,and beside Thee numbered with odd numbers to be there is none other. With becoming rev- elected for two years; and those Senators erence we approach Thy presence this chosen from districts numbered with even morning and thank Thee for the sunlight numbers, to be elected for a full ternl of another day, fort:e health and strength of four years. And thereafter, as the we enjoy, for the privilege we have of ad- term of office of Senators shall expire, dressing the Throne of Divine Grace. Woe their successors shall be elected for a full ask Thy blessing this morning upon our term. deliberations. During the sessions of the LEAVE OF ABSENCE. Convention that framed our present Constitution in 1837 and 1838, and fiom that Airf Jd ag VHITE. Mr. President period to the present, as a Commonwealth A few days ago I obtained leave of abwe have flourished, and we have pros- sen for my colleague frol Allegheny pered in all our institutions. Here we (Mr. Edwards) for a few days. I have are to-day, Heavenly Father, striving to just received word from him that he is very sick and cannot be here for a week make some improvement upon the actions of that Convention. Help us in Thy one week from to-day. fear and in Thy name to do that which is one wee from to-day. honorable and right, that our posterity Leave was granted. may rise and call us blessed. Hear us, RIGHT OF SUFFRAGE. and bless us, and finally save us, in Jesus Christ. Amen. Mr. MANTOr offered the following resolution, which was referred to the CommitTERBIS OF PRESENT SENATORS. tee on Suffrage, Election and Representa-'Mr. CLARK offered the following resolu- tation tion, which was referred to the Commit- Resolved, That the Committee on Suftee on Schedule: frage, Election and Representation be reResolved, That the Committee on Sched- quested to inquire into the necessity of ule be instructed to inquire into the expe- inserting a section in the Constitution, as diency of providing as follows: follows: Senators elected before the adoption of No person authorized to vote under this this amended Constitution shall hold Constitution shall be disfranchised, nor their office for the terms for which they shall the right of suffrage be abridged: were elected respectively; and at the first Provided however, That laws shall be general election after the adoption of this passed by the first Legislature assembled amended Constitution, eleven Senators after the adoption of this Constitution, shall be elected by the qualified voters of excluding from the right to vote all perthe proper districts, as now constituted, sons who may pay or receive money or to succeed those Senators whose terms of any other thing of value or promise, any office then expire, to serve for two years. consideration, place or office, with the At the second general election after the view of secuiing or preventing the elecadoption of the amended Constitution, tion of any candidate for federal, State or eleven Senators shall be elected by the local office, or who may be engaged in qualified voters of the proper districts, as buying or selling votes, or in any way prenow constituted, to succeed those Sena- venting the purity of the ballot or the tors whose terms of office then expire, freedom of elections. CONSTITUTIONAL CONVENTION. 457 QUALIFICATION OF JURORS. is laid upon the tables of members, it will Mr. MINOR offered the following resolu- be found, I think, satisfactory to express tion, which was referred to the Corn- that idea; and these misprints are so numittee on Judiciary: merous that I propose to have them reResolved, That the Committee on Judi- printed just as they were originally sent ciary be instructed to inquire whether it to the printer, and have them laid upon is expedient to insert such a provision in the tables of members at the earliest mothe Constitution as will authorize the ment. Therefore, asfar as the twelfth secLegislature to modify the existing rules tion and the twentieth and twenty-first as to qualifications of jurors, and if so in ns are concerned, I would bevery what manner and to what extent. glad if the committee see fit to discuss the principles involved only,without reference COMMITTEE OF THE WHIOLE. to verbal criticism on the words until the r'The Convention then resolved itself re-printsare ready. into committee of the whole, to further With reference to the section under consider the report of the Committee on consideration, the tenth section, I should the Legislature. be very glad upon that matter to have the attention of the committee for a very THE LEGISLATIVE ARTICLE. short time, and am obliged to the gentleThe CIIAIRMAN. The section before the man from Philadelphia (Mr. Temple) for committee is the tenth section, and the having made the request he has made. question recurs on the amendment of the I understand that the burden of this gentleman from Philadelphia, (2Mr. EHan- matter is upon the committee, which prone.,) to strike out all after the word posed to substitute a newoath in theplace " ability." of the old one, and in order to commend Mr. It. NV. PALMrER. Mr. Chairman: that change to the vote of the members of I understood that that question was put this Convention, the committee proposand lost, and the question recurred onthe ing it should be able to give the reasons adoption of the section when I rose to which influenced it in its action. amend it. I will not absorb any more of your time The CHAIRMAN. That was not the way than is necessary for that purpose. It is the Chair understood it. not worth while to discuss the different Mr. H. WV. PALMER. Mr. Chairman: theories upon the question of the obligaThat was the way it was understood in tion of an oath. I am quite willing to this part of the house. admit that in one sense these oaths may Mr. TEMPLE. Mr. Chairman: I re- be relics of superstition or evidences of spectfully request that the distinguished superstition. I have never been able chairman of the Committee on Legisla- clearly to see that swearing that you ture explain the object of the committee would do a thing could add any obligain reporting such an oath as this. tion to do it, or in any manner increase Mr. MAcVEAGH. Mr. Chairman: Be- the wickedness of doing wrong or of defore I oblige the gentleman from Phila- dining to do right; but you have to take delphia (Mr. Temple) by attending to his human nature precisely as it is, and we request, I would like to say that in the are all of us, more or less, superstitious totwelfth section of this report the misprints day. We are not free from the bonds of are more frequent, and I say it now in or- superstition in manifold departments of der to avoid misunderstanding when we our daily lives. We do not act by the reach it; the misprints are more frequent white light of reason. It comes to us rethan in any other sections, except the two fracted from the prejudices, from the aslast upon apportionment. And that, as I sociations, from the accidents, of our surdo not desire to take the attention of the roundings, and therefore we have to committee needlessly or very frequently, take human nature just as we find it in I desire them to understand that the ourselves. twelfth section is intended to fix the Now, in point of fact, the experience of pay of each member of the General As- all christian ages has been this: That solsembly at $1,200 for each period of two emnly calling God to witness that a duty years, and $10 and mileage for each spe- would be performed, or that a wrong cial session, and no other expenses, no would not be attempted, has had influother allowance or perquisites of any ence upon the average human conkind whatever; and that when the re-print science. I do not understand, and never of that section and of the two last sections have been able, logically, to explain, why 458 DEBATES OF THE a witness would rather tell the truth after That is all we ask them to declare, and he had sworn to tell it. If he were a to declare it in the presence and with the good man it should be a priceless privi- sanction of Almighty God. It is not a lege to tell it, and if he were a hardened pitiful matter. It is not beneath the socriminal, determined to lie, the slight lemnity of the occasion. If the race for barrier of an oath would not prevent him; which Christ died is ever to bear fruit but there is the immense majority of men, worthy of His sacrifice, it will be largely ranging between the two extremes, who due to the belief that sanctity attaches to are not sons of light, but who are not yet the State and to the beneficent influences sons of darkness; who are not resolute of the administration; and it is not too to stand by the truth, by their honor, by much to ask him, who goes to take a share their virtue, but who are not resolute, in that great work, that he shall say I either, to break down all the barriers be- have not come to this altar by any slimy tween themselves and the hopes of the paths, and being here, God helping me, I hereafter; and it is for such men-and, will not degrade the character of my funcperhaps, we all fall in that category-that tions. That is all. Why should any man it has been provided that a witness, upon hesitate to take it? A degradation! I stepping into the box, is sworn to tell the submit, gentlemen, it is not, when protruth, and that when any man comes to perly understood, degrading. It is not the discharge of a high function, the holy degrading to me, when I step upon the scriptures are presented to him, and he is witness-stand and the learned counsel asked to swear that he will discharge his says, when I am asked a question: "Nay, duties with fidelity. Mir. MacVeagh, you have not been sworn Now if an oath is to be administered at to tell the truth." I do not understand all, it surely should be that oath which my learned brother to mean that I would subserves the exact purpose for which not speak the truth without an oath. I it is taken. The President swears, at the understand him to invoke the sanctity of instance of the Chief Justice, that he will an oath, because it has received the apdo his part in the work of the govern- proval of the generations, and he is entiment; and the Governor is sworn to do tied, before my words are weighed in the his part in the government, and now we golden scales of justice, that they shall go come to the legislative branch of our State there clothed in the panoply of my appeal and we find, in the first place, a general to God. And why should it not be so? I conviction, whether ill founded or well do not attach great importance to it. I do founded it is not necessary to inquire, not attach great importance to oaths anythat members of the Legislature secure where. If we were to refer to primary their own election by corrupt influences in principles, and to make this Constitution many cases. We find another evil which a logical expression of our conviction in is believed to exist, and whether the opin- metaphysics and political science, I am ion is well founded or ill founded, for the not prepared to say that I would not vote purposes of this argument it is not neces- for the abolition of all oaths, and let each sary to inquire, and that is, that when man's character be the guarantee of his elected to this office they betray the leg- veracity and his fidelity; but if we retain islative trust the people have reposed in them at all I trust we will extend them them for the purpose of private gain. over the subject matter, and frame them I do not care now whether your elec- with such particularity as is calculated to tions are fraudulent or your Legislatures bring the conscience of the individual legare corrupt; all that I care to know is that islator face to face-with the evil that we a very large and respectable proportion of fear at his hands, and the evil from which our fellow-citizens believe they are, and, he swears he will protect himself and us. therefore, when men come forward to ac- It was for these reasons that the comcept this office we only amplify the oath, mittee felt at liberty to present this oath so that it touches the three aspects of their to the consideration of the Convention, duty. not, as I say, but without any expecta1st,. Have they clean hands in the mat- tions of very great good resulting from it. ter of their own election? Each of their recommendations they 2nd. Will they support the fundamen- think in itself is a slight matter, and may tal law of the nation and of the State? not be productive of much good; but they 3d. Will they keep the whiteness of wish to join with gentlemen on the right their souls unstained by the awful degra- hand, and on the left, in doing what little dation of the sale of that trust? good they can, and in strengthening, so CONSTITUTIONAL CONVENTION. 459 far as in their power lies, the determina- a distinction in its favor. If this oath tion of the people to improve the character were imposed upon every public official, of our legislation. then there might be some propriety in Mr. NEWLIN. Mr. Chairman: I do not saying that the oath itself was not an indesire to take up the time of the commit- famous one. I take it that the infamy of tee upon this question. I wish, however, this oath is not simply in what is in it, to call their attention to a very patent but in the discrimination against one parfallacy in the argument of the gentleman ticular branch of the government. from Dauphin (Mr. MacVeagh.) Mr. II. W. PALMTNER. I feel under obliNow, the proposition which I had the gations to the chairman of the Committee honor to submit yesterday, and the propo- on Legislature for his very eloquent exsition which is now before the committee, planation of the reasons which induced and which I am told is substantially the the committee to propose this oath. I same thing, or is of the same nature, does quite agree with everything he says. not look, sir, to the doing away with My objection to the oath lies in the fact oaths; but the objection which I urge to that it hardly comes up to the exigencies the imposition of this, which I deem a of this age. I understand the design of degrading oath upon the members of the the committee to be, in part,at least, in Legislature, is an objection that is patent proposing this oath, to prevent the use of from the very argument of the gentleman money in elections. That design is unfrom Dauphin (Mr. MacVeagh.) doubtedly a good one. But what does He says that the Constitution exacts an this oath require of a legislator? IHe is oath of office from the President of the obliged to swear that he has not given United States, and an oath of office from money or taken money to corruptly inthe members of Congress, and we require fluence the election. That is only one the Governor of this State to take an oath branch of the disease. Corruption does of office that he will discharge the duties not always take that shape. I do not of that office with fidelity. know whether, in the personal experience The objection which I have to the oath of any member of this Convention, he can reported by the committee, is simply this: point to an instance where a voter has That it makes a fundamental difference been directly bribed-whether he has rein our organic law between the oath taken ceived fifty dollars, or a hundred dollars, by one kind of public officer, and the or any other sum to go up to the polls and oath taken by another kind of public offi- vote for any special candidate. That is cer; that is to say, we compel the Gov- not the direction in which the trouble ernor to swear that he will obey the Con- exists. That corruption does exist, and stitution and the laws, and we ask the that money is used seems a fact very well mnembers of the Legislature to swear the established. After what we have heard same thing, and, in addition, to swear that on this floor during the last four weeks, if they will not be infamous. there is any fact that cannot be controThe gentleman from Dauphin (5Mr. verted-anything which this Convention MacVeagh) says we all have heard and can take for judicially proven, and'about we all know of the charges of corruption which there can be no controversy-it is against the Legislature, and that this oath that this " City of Brotherly Love " con* is intended to meet that curse. I can tains about the worst gang of scoundrels also say, with equal truth, that it is the that the universal world ever saw. The universal experience of every man upon gentlemen from Philadelphia have arisen this floor, that corruption is charged, not and, remarkable unanimity, have rensimply upon the Legislature, but upon dered their testimony in that respect. I, every department of the government, for one, am satisfied; and even if it is not and if this oath is to be exacted at all, if again testified to during the sessions of this degrading and infamous oath is to be this Convention, I shall remain entirely exacted from any person who is elected convinced that the corruption, or the " irto an office of public trust by his fellow- regularities," as these practices are eucitizens, 1 am for being logical and co1n- phoniously termed by the gentleman pel that oath to be taken by all persons, from the First district, do exist. Cerbeginning with the Governor and going tainly one of the gravest duties before down. I can see no propriety in our this body is to prescribe a remedy for the fundamental law of singling out one system of corruption which surrounds branch of the government, and putting the exercise of the elective franchise in the brand of infamy upon it, and making this city. Whether this oath is meant to 460 DEBATES OF THE cover these difficulties I cannot say; or who, last fall, entered into a contract with whether the oath presented by this corin- an election board that I know of; to give mittee, or the oath which may be pre- the judge and the county inspectors two sented by somebody else, or any other hundred and fifty dollars to keep the vote committee, is the proper oath, I cannot honest, and to allow no fraudulent votes say. But the vote of this body, yester- to be polled, could take this oath without day, seemed, to my mind, to indicate a committing perjury. desire to amend this oath, and if there be Mr. CUYLER. I rise, Mr. Chairman, to a disposition to amend, I propose that the ask what county and what board the genremedy shall be as broad as the disease. tleman refers to. I consider that we ought to do, in that Mr. H. W. PALMER. It was not in Philadirection, something that will be corn- delphia. [Laughter.] Philadelphia has mensurate with the evil proposed to be not taken a patent for all the frauds, and remedied. while these remarkable revelations affectThis oath could be taken by a member ing that city that have been made here, of the Legislature who had handed his impress the bucolic mind with awe, we county committee the sum of five thou- have a little reputation to be made in Lusand dollars or ten thousand dollars, or zerne. [Laughter.] any other sum to be used in the election. I was about to remark that there are vaHe does not ask the chairman of that rious forms of this fraud and corruption comnmittee what use he proposes to make that are not reached by this oath, and that of that money. He does not ask whether ought to be reached by it; and to that end he means to bribe voters to come upto the I propose an amendment. I propose so to polls and vote for him, or whether it shall amlend this section that the use of money, go exclusively to the printing of tickets, or in any form, by a candidate shall be prowhether he means to buy election boards, scribed. I do not know why a candidate or to procure fraudulent election returns, for office should pay money to secure his He simply pays his "assessment;" hands election. I know it is fashionable and over, perhaps, to the committee the customary to say that the necessary elecamount that they demand of him. He is tion expenses should be paid, and that a elected to office; goes to the Legislature, certain amount should be paid for printand takes the oath, of course, that he has ing and distributing tickets, "placing" the not bribed any voter. tickets profusely throughout the townI-Ie could take this oath even if he had ships, getting voters out to the poll, and said to a man, " I will give you two dol- all that sort of thing. Under this head of lars and a half for every vote I get in your necessary election expenses the candiprecinct over and above the vote that A B date is "bled" according to the emolugets, who runs the same ticket with me, ments of his office and the length of his and who, I think, will poll my party purse. Why, sir, to be a candidate in these strength. If I get one vote more than days means that a man shall be phlebotohe you shall have two dollars and a half; mized to the very utmost; that from the if a hundred votes more, you shall have imoment he appears on the stage of action, two hundred and fifty dollars." He does before the nominating convention sits, not stop to inquire how he is to get the. down to the day of election, he is free votes on election day; whether he will game, free plunder, to be "assessed" by hitch up his team and carry the voters to the national committee, and by the State the poll, or whether he will content him- committee, and by the county committee; self by standing near the poll and "influ- to be obliged to subscribe to every church encing" his friends, or whether he puts a and to every charity, to contribute to prodollar in a man's pocket, or a drink of cessions, and banners and uniforms, and whiskey into his stomach to secure his to clubs and filemen's balls, and to every vote. The member elect knows nothing conceivable sort of thing that happens to about it. He says to himself, " I presume be just then brewing. To meet all these that the chairman of my committee is all demands a candidate must either have a right, and that what he does he does fair- very handsome balance in bank, or run ly." I could go to the Legislature after the risk when the election is overof being doing thus and take the committee's oath a candidate for the poor house. I know without committing perjury. The man of a district where, not long ago, a gentlewho would bribe an election board to man paid $13,000 to secure his election, make a false return could take this oath and his honest, party majority all the without committing perjury. The man while was two thousand five hundred. I CONSTITUTIONAL CONYENTION. 461 know a man who ran for Congressman-at- than at present, and if the offices would large, who says he paid $7,009, and was not be better filled than they are now. defeated at that. This money was in "as- The oath, as it stands now, does not prosessmlents" to general and State commit- hibit the candidates' friends from spendtees, and to county committees, with fre- ing money in their elections. It is imquent presents of five and ten dollars to possible for us to reach them and make this man or that. These practices ought them take the oath. A candidate for ofto be stopped. The buying of elections is fice is a candidate for what? TWhy to enthe crying evil of our day. If honesty or ter into the service of the people, to be the virtue are desirable, or to be expected in people's servants for a compensation that public officers, some means must be taken is fixed upon the basis of the value of his to crush this spirit of purchase and sale. services. The amount that is spent to It has often been said, and it is very secure this office does not enter into the true, that to corrupt the ballot-box is to compensation arising from this office, and foul the very fountain head of liberty; and therefore I say that the expense of the unless this corruption may speedily be election should be borne out of a common averted, the downfall of our free instltu- fund, and thatthe tickets should be printtions is only a matter of time. ed as the election blanks are printed. I Now I propose to amend this oath, by do not know what kind of machinery striking out all after the word "affirm," may be set up. I cannot see why a canwhere it occurs the second time, down to didate, who is to be the people's servant, and including the word "office," and in- should be obliged to pay almost all his serting the following: salary over and over again annually be"That I have not given or contributed fore he can secure his office. Now, for money or other valuable thing, or made these reasons, although I am not particua promise, to induce any person to attend lar about the form of words, I would the election, or to vote, or work, or use like the Convention to provide in the influence, or expend money in my be- Constitution a remedy, for I esteem it to half, nor have I expended or promised to be the great crying evil of the age. expend money in any other manner AMr. J. S. BLACK. Mr. Chairman: I do whatsoever, to corruptly secure, or influ- not intend to continue this debate. I beence voters or votes in my feavor, nor lieve it is decreed and foreordained that a have I knowingly violated any election certain amount of filibustering shall be law of this Commonwealth." done upon this subject, but I do not mean It is urged by some gentlemen that to work out my share of the decree at this nothing of this kind ever occurs in their time. I rise solely for the purpose of counties; that a primitive state of virtue making what I believe to be a very grave exists, and that no money is expended and serious appeal to the consciences and beyond that which is absolutely neces- fair play of the Convention. It was not sary to carry on the election. I am very expected that the Committee on the Legisglad to have that testimony from some of lature should report upon this subject. I the rural and agricultural districts, but do not charge them with any usurpation unfortunately it is not so everywhere; and of power not given to them. I have no because the whole body politic is not doubt that they have reported upon it, covered by these ulcerating sores, there because they thought it their duty to do is no reason why the cautery should not so, but it does, unquestionably, belong be applied to the places where they exist. more properly to the Committee on LegisPittsburg, Philadelphia and Scranton lation, and if we are mistaken about that, have been often named in connection there is another committee to which these with these gigantic election frauds. subjects are specifically referred,viz: The It has been urged that the provision to Committee on the Oath of Office. Besides which I have alluded in regard to ballots that, if all three committees should fail to will not work, and that unless a candi- meet the views of the Committee on date for office can afford to spend money Constitutional Sanctions, it will be unin his efforts for election, that there will questionably the duty of that committee be an interregnum in the office. I do not to take the subject into consideration. believeit. If it shouldbe so enacted that These two last committees, so far as I candidates for office were prevented from know, have not given themselves any spending a dollar in their elections, it is a trouble about the matter. I am not sure question whether candidates would not that they have given themselves much present themselves in larger numbers troubleaboutanythingelse. Idonotknow 462 DEBATES OF THE that either of them have yet had a meeting. opportunity of being heard when their The Committee on Legislation, however, report is presented. I do not believe that have had the subjects which are cognate the chairman of that committee has any to it under very careful consideration. such intentions. First, because he has so This committee has not progressed as rap- signified; and, in the next place, because idly as might have been expected, be- I am sure that he, if any gentleman in cause there has been great difficulty in get- this assembly, is incapable of using his suting the members of it together. The chair- periority in parliamentary adroitness to man is a member of the Senate, and has get a subj ect before the House at an earlier been absent in the performance of his du- day than was thought of and then have ties at Harrisburg very frequently; is ab- the whole subject irrevocably decided sent now. Another member of the con- upon, without giving to certain other mitteb, in whose integrity and ability members a fair and full opportunity to every member of it has the greatest con- be heard, after the Committee on Legisfidence, and without whose presence it lation has thrown all the light that it can seems almost. impossible for us to get upon this and upon kindred subjects. along, has been appointed Attorney Gene- Mr. MACVEAGI-I. If the gentleman will ral of the State, and the duties of that allow me for one moment, I desire to state office require his presence at Harrisburg. that I am sure every member of the comThen one or two members have been very mlittee, of which I have the honor to be ill and incapable, on that account, of the chairman, will be willing to accept, as meeting the comnlmittee in its sessions. a modification of the report of the CoinPerhaps two-thirds of the time the com- mittee on the Legislature, any other remittee has failed to get a quorum present. port which may be submitted to the ConThis has not been our fault; it is only our vention on this subject. And I trust that misfortune. It is expected that a report the general discussion on the propriety of relative to all the subjects referred to such an oath may proceed with the unthem will be made in the course of a very derstanding that it is the sense of the comnshort time. mittee that no final action will be taken Whenever that happens, and not before, upon the matter until the gentleman who the Convention will be in a condition to has just addressed the Convention has the consider this question about the oath, be- fullest opportunity of submitting a subcause upon the adoption or rejection of stitute for this section of the report. The other changes which that committee in- Committee on the Legislature has no detends to propose in the methods of legis- sire to press this matter, although it has lation will depend the form of oath that been thought that it was within the proought to be administered to the members vince of the Committee on the Legislaof the Legislature. It is not possible to ture, even though it would be merely a understand thoroughly what the mem- source of intellectuali sa;tisfaction; but we bers of the Legislature ought to be sworn are willing to leave this matter until the to do, or to refrain from doing, unless gentleman from York, (Mr. Black,) as the prohibitions that are to go into the well as the Committee on Legislation, has Constitution, or the injunctions which had a full opportunity to express their ought to be there shall be first considered views in regard to the subject. and adopted. I hope, therefore, that no Ir. J. S. BLACKI. Mr. Chairman: That final disposition of this subject will be is all that is necessary, and all that I have niade, and I would, if I thought it was to say upon the subject. I confess, and I not hopeless, express the wish that mem- may as Twell say so now as again, that I bers of the Convention might suspend am in favor of an iron-clad oath; but, at the their opinions until they hear the report same time, I do not want to put any more from the Committee on Legislation, or metal into it than may be necessary to until they have considered how much or to hold the society together which this how little of that report they will think it Constitution is intended to protect. It is desirable to adopt. I am sure that the unquestionably a subject of very great honorable gentleman at the head of the difficulty, and I do not think that the Committee on the Legislature will not Committee on the Legislature have struck press this subject to a final disposition, the precise place, or have furnished to us but that he will be perfectly willing to an absolute and perfect provision on the give those who may differ with him, or subject; but I certainly feel that every the other committee who think at least friend of good government is under very hat it has been referred to them, an great obligations to them for the princl CONSTITUTIONAL CONVENTION. 463 pie that is incorporated in their report. ernment. If specific, one oath can not be The Committee on Legislation will proba- so framed that it will be adapted to the bly mature something, which will be en- various duties of the diffirent departtirely acceptable to the whole Convention. ments of the government. I am not sure that we can do this. In fact, I rise now, however, to consider this I am not as sure about it as I was a day or subject.as it is presented to us. It is said two ago; but still we will do the best we by the gentleman from Philadelphia (Mr. can. Newlin) that the oath is " degrading and Mlr. BAEn. Mr. Chairman: I move that infamous." If it be degrading and inthe consideration of this subject be post- famous it should be scouted from the poned until the Committee on Legislation Assembly. But I beg leave to differ with shall have made a report upon the same the gentleman. I cannot conceive of any subject matter. oath that is degrading or infamous. The CHAIRMAN. The motion is not in Truth is an attribute of duty. It is not order. an attribute of fallen man. There is no Mr. KAINE. Mr. Chairman: Reference one thing so perceptible to any man of has been made by the learned gentleman experience as the fact that the weaknesses, who has last taken his seat, (Mr. J. S. the frailties and the wickednesses of men Black,) to other committees, who would lead them to prevaricate and to evade. have control of this subject of oath, and There are but few men who will come lup he has specially referred to the Commit- and swear to a direct and deliberate falsetee on Oaths and Offices, of which I have hood. But there are thousands and tens the honor to be chairman. He remarked of thousands who will lie, indirectly, or that he didn't know that that committee who will evade. Nothing is so common had done anything on that subject, nor on the witness-stand as an evasive anhad a meeting. I must confess that we swer, and it is not confined to this age. have done little, and have only had one When the question was asked: "~ Where meeting. But I must say that I think the is thy brother?" the answer was: 1" Am I subject of these oaths should not come my brother's keeper?" It was an evasive before the Commnittee on Oaths and Offi- answer, and this disposition to evade ces until these other committees have comes down to us from the very creation made their reports; until the Committee of man after the fall. on the Legislature has made its report, And now gentlemen Nould have an oath and until the Committee on Legislation has dealing in generalities. That is the idea. made its report, in order that we may see To strike out everything that is specific, how we propose to constitute that body, and let a man swear to support the Constiand until we learn what we are to expect tution of the United States and the Conthe Legislature shall do, and what powers stitution of this Commonwealth, and to and limitations it shall have. And I perform the duties of his office writh fidelsubmit that it is impossible for the Corn- ity, and no more, and all else is degrading! mlittee on Oaths and Offices to frame an I utterly deny any such allegation. The oath to suit the circumstances that may man of honesty and of truth is willing to arise, perhaps, hereafter. We expect swear to do, or not to do, anything that that, after these other committees have the good of his country requires. Let made their reports, after we see how the me say, MIr. Chairman, that what we are Legislature is to be constituted and conl- to do in this Convention, if we do anyposed, after we see what the Committee thing acceptable to our people, is to enon Legislation expect the Legislature to act such restrictions upon legislation, do, then we shall be able to prepare an such guards to the right of suffrage, as oath that will cover the whole thing. But will preserve the purity of the ballot-box until then this committee will not make and the purity of our legislative halls, the any report upon that subject, no matter ability of our judiciary and the purity of what the Committee on the Legislature our executive officers. We'cannotaccoJmor the Committee on Legislation may do. plish this great work by any one thing. iMr. I'AALLISTER. MrI. Chairman: I A great many measures are to be adopted, do not deny the propriety of postponing and this specific oath is one of these meathe consideration of this subject at some sures. stage, until the committees that have This oath, which is called iron-clad, is been referred to make their reports upon not a noew thing. It is not of recent orithis subject. I am, myself, in favor of a gin. If it were, it there wvere no precespecific oath for every officer of this gov- dent for it, I would be for adopting it, be 464 DEBATES OF THE cause of the evils that a general oath has was informed that a bill changing the failed to remedy. It has been asked, has name of a corporation-the corporate franthere been any corruption in the past? chises having been sold on execution it Have voters been bribed and have legisla- was necessary to have the name changed tors received their reward for their action -had been introduced, containing, also, in the legislative halls? If they have not some provisions touching the new corpothere is no need of any oath less general ration, and that $800 had been agreed to or more specific than the one we have. be paid to the committee to get the bill But if that general oath has been evaded, out of committee, and that that suln had if it has ceased to answer the purposes been actually paid down that day to the for which it was provided, then it is time committee themselves, and distributed that we should provide some other oath, amongthem in the committee room. Then some other provision which will reach the a dispute arose about $400 more; a differconsciences of men. ence between $800 and $1,200, and that the Now, Mr. Chairman, my experience in excitement arose on the difference be legislation, my experience in the manipu- tween the $800 and the $1,200. Mr. Gregg lation of elections is not great. But 1 do remarked that years before lobby memknow upon the same evidence which con- bers were employed to negotiate these vinces me that Bonaparte and Washing- things, but now it had become a matter of ton lived and died, and were buried, up- dollars and cents directly between the on the samne kind of evidence I believe conlllittee and the parties interested. that the giving and the accepting of a Now, if this be true, and I have no doubt consideration for a vote at our elections is of it, there has been corruption in the common. I do know from a gentleman, legislative halls. Money has been receivand a friend, a man of the highest integ- ed for votes, and it is to remedy these two rity, in the borough of Lewistown, that evils that these provisions are made, which for the last twenty years from fifty to one it is now proposed to strike out. hundred votes have been purchased in A word here with reference to the charthe county of Mifflin, for a consideration acter of this provision, which is called an ranging from five to fifty dollars. I am "iron clad oath." I have already said told on the same authority that at the last that if it were novel, the existence of the judicial election in the district, of which evils to which 1 have referred, the nec esthat county is; part, $10,000 were used sity of protecting the ballot and guarding for this specific purpose. And I am told against corruptionin the legislative halls, by a member of this Convention that of would justify us fully in the specific his own knowledge, he knew twenty-five character of this oath, and this if it never men to come in from one part of the coun- had existed in any Constitution on the ty and accept a consideration for their face of this earth before. But we have votes in that way, and I hope that we shall authority for this. We have it in the hear from the gentleman himself. earliest Constitution of the States of our So much, then, in reference to the ne- Union, and pardon me here, Mr. Chaircessity of guarding the purity of the elec- man, for referring to an old book containtive franchise. Has the same corruption ing some of these Constitutions. I will existed in the legislative halls? I have read the oath in the Constitution of Masbeen but little about halls of legislation, sachusetts, which, I believe, was adopted and I know but little about them. I do in 1777. The oath says: know that there are men in the legislative "I, A B, do truly and sincerely acknowhalls unimpeached and unimpeachable, ledge, profess, testify and declare, that the and I was surprised to hear my friend on Commonwealth of Massachusetts is, and my left, the gentleman from Tioga, (Mr. of right ought to be, a free, sovereign and Mann,) well versed in legislation, doubt independent State; and I do swear that I whether this corruption ever existed in will bear true faith and allegiance to the the Legislature. Of one thing I am sure, said Commonwealth, and that I will dethat he personally never participated in fend the same against traitorous conspiit, but I have some recollection of the past racies and all hostile attempts whatsowith reference to that. Some years ago I ever; and that I do renounce and abjure was in the Senate chamber and there seem- all allegiance, subjection and obedience ed to be, around and about me, considera- to the king, queen or government of Great ble excitement. I inquired of. Andrew Britain, (as the case may be,) and every Gregg, now in his grave, then a Senator, other foreign power whatsoever. And what this meant. And he told me that he that no foreign prince, person, prelate, CONSTITUTIONAL CON'VENTION. 465 state or potentate, hath or ought to have he does not hold the same office in trust any jurisdiction, superiority, pre-emi- or for the benefit of any other person." nence, authority dispensing, or other "That if any person shall give any propower, in any matter, civil, ecclesiastical perty, money or present, or make any or spiritual, within this Commonwealth, promise of any money, or anything, to obexcept the authority and power which is tain or procure a vote for Governor, Senaor may be vested by their constituents in tor, delegate to Congress or the Assembly, the Congress of the United States. And I member of the council, or judge, or to do further testify and declare, that no be appointed to any of the said offices, or man or body of men hath or can have any to any office of profit or trust now created, right to absolve or discharge me from the or to be created, in this State, the person obligation of this oath, declaration or af- giving, and the person receiving the same, firnation; and that I do make this ac- on conviction in a court of law, shall be knowledgment, profession, testimony, forever disqualified to hold any office of declaration, denial renunciation and ab- trust or profit in this State." juration, heartily and truly, according to Now this.oath goes to this very subject the common meaning and acceptation of matter of corruption, and I would have the foregoing words, without any equivo- that oath applied as well to the judiciary cation, mental evasion, or secret reserva- as to any other officer in this land. But tion whatsoever. So help me God." it is enough for the present discussion that _Now this oath is specific. It will, no we are on the legislative oath. Why doubt, however, be said that this was in should not the legislator take this oath? the midstof the revolution, and there was Why is it degrading? If he intends to need to specify all these terms in that oath, violate it, it will be disagreeable to him. and it will probably be said, also, that it He would rather not take it. We would is from New England, and therefore pu- all rather evade; we would rather put off ritanical. I do not stop here to answer responsibility, rather ignore anything these objections, but I will refer to an- that would touch the conscience. The other Constitution, not coming from a pu- thief and the robber would rather get ritanical source, which is more specific your property and mine in some other still, and specific in reference to the very way than by theft and robbery if he subject matter now under consideration. could. It isonly the necessityof the case, I refer to the Constitution of Maryland. the impossibility of his getting it in any It was adopted on the 18th of August, other way, that leads him to become a.thief 1776, and the oath prescribed is as follows: and a robber. So it is with men who buy "That the Governor, every member of the votes, and the men who take considCongress, and every judge and justice, eration for the votes. They would rather before they act as such, shall, respectively, get the money or the office in some other take an oath, that he will not, through fa- way, but as they cannot get it in any vor, affection or partiality, vote for any other way, they are willing to take it person to office, and that he will vote for under these responsibilities. such persons as, in his judgment and con- A few words upon the character of this science, he shall deem most fit and best oath and I will have done.. qualified for the office, and that he has "I do solemnly swear that I have never not made nor will make any promise or paid or contributed anything, or made any engagement to give his vote or interest in promise in the nature of a bribe, to cor — favor of any person." ruptly influence, directly or indirectly, "That every chancellor, judge, register any voter at the election at which I was of wills, commissioner of the loan office, chosen to fill said office." attorney general, sheriff, treasurer and na- This oath is to be taken after the act is val officer, register of the land office, done, but it is prescribed before the act is register of the chancellors' court, and ev- done, and therefore it has its beneficial cry clerk of the common law courts, sur- operation in deterring the villain from veyor and prothonotary, before he acts as giving and taking the bribe. That is its such shall take an oath, that he will not, operation. Now a wicked man may do directly nor indirectly, receive any fee or many things when. he is conscious that reward for doing his office of ~, but no eye but the eye of God sees him, and' what is or shall be allowed by law; nor he may possibly deny the existence of a will, directly nor indirectly, receive the God, and then he will imagine he can do profits or any part of the profits of any of- his works of darkness without the possifice held by any other persons, and that bility of detection. But the frauds con. 30 466 DEBATES OF THE templated in this article cannot be perpe- I understood the gentleman from D au trated by one man alone. There will be phin (Mr. MacVeagh) to say that the oath a witness, and his conscience must be was an outgrowthof superstition and prehardened indeed, his judgment must be judice. I denyit. Oathshavecome down obtuse, who can forget that he is dealing to us through the ages, not as the result with a man who knows that he will be of prejudice, but as the result of civilizacalled upon to take an oath, that he did tion, and as an inducement to men to not do that act which he is about to do. speak the truth. I will admit that all Few men will be found so hardy, so men, at all times and under all circumsteeped in wickedness, that they can bribe stances, should speak the truth; that a a man to vote for them, when they know man never should tell a lie, and that to that, if successful, they must swear that lie degrades a man; yet how many men they did not do it. We have, therefore, have we in the community that, at all in this section a means of preventing the times and under all circumstances, will act being done. tell the truth when they are called upon Again, there are many men who will to speak upon the subject; for I am ready corruptly solicit votes; there are many to conceive that no man is under obligamen who will participate in the purchase tion to tell all he knows, or to tell in relaof votes, who will give money for their tion to any one subject all the truth, unpurchase, who will not take an oath that less he is called upon to do it, but when they did not do that thing. Wilful and he does speak upon any subject he should deliberate perjury is unusual. The eva- tell the truth and the whole truth and sion of an oath, which deals only in gener- nothing but the truth; but how few men alities, is very common. It has been said, come up to this standard. Not one in a i believe, and will be said again, where is thousand. And therefore it is that some the conviction under this oath of office? other influence, some other inducement, Nobody would be so silly as to indict any- than the mere love of truth are to be held body for perjury under the official oath out. The solemnity of an oath, the apwe have had, nor under an oath prescribed peal to that God who made us, in whom here, in general terms, if these specifica- we live and move and have our being —an tions were left out. No one would ever appeal to Him for the truth of what we be convicted for perjury under such an say-has an influence upon most minds article. But when a man swears that he that nothing else can have. did not give, nor offer to give, that he did My experience of thirty-seven years of not contribute, directly nor indirectly, laborious practice in a profession which anything of value to carry his election, brings man in contact with his felloywhe could be indicted and punished under beings, with the honest and the dishonest, the common law for perjury. There would has convinced me that there is a power in be some inducement to prosecute the an oath, a power which nothing else can briber and see him receive the reward of have. But there is no power in generalihis crimes. ties. The power is in bringing the judgThen, again, he has to swear " I have ment and the conscience of the witness to not accepted or received, and I will not say yes or no upon a particular subject accept or receive, directly or indirectly, presented to him, and when that is done, any money or other valuable considera- not one man in a hundred thousand but tion from any corporation," &c. will speak the truth, for if he attempts to The section under consideration pro- evade, the court and the jury will recogvides as well for what has been received, nize the truth in his contenance and in as well against corrupt contracts which his conduct, even whilst he attempts to precede the time at which the oath is ad- lie. It is one of the great benefits of the ministered as against those which are to jury system that lying witnesses may be succeed it, and the provisions seem to me detected in their falsehood. The very to be absolutely and indispensably neces- sweat that stands upon his brow, and sary to give any value whatever to the drops down his face are often evidences of oath. I would as soon abolish the oath hisguilt. altogether as to leave it in the general For these reasons I am heartily in favor terms in which it has heretofore been. of this amendment. I would make it The arguments which are brought to bear more specific still, but I am willing to against this whole clause bear equally take it as it is, in the hope that it may be against an oath at all. better matured before it is finally passed. CONSTITUTIONAL CONVENTION. 467 Mr. KAINE. Mr. Chairman: I rise evil? First, by resolving that they shall merely to suggest to the committee of meet only half as often-only once in two the whole the propriety of at present years-nay, that they shallbeelected only voting down this amendment and this once in two years. section, as well as the succeeding one. It One of the prominent arguments urged is well known that a motion to postpone a for this course is, that it will improve the matter of this kind cannot be made in character of the body. The gentleman committee of the whole. Let these two from Columbia (Mr. Buckalew) favored sections, therefore, be voted down for the this opinion also. If that step does not so present, and let the balance of the matter improve the character of that body and in the report be passed upon; and on see- make them honest men. we have done all ond reading, if any gentleman thinks it that in vain. Our legislators in the fuis not strong enough, some amendments ture are to be perfectly honest and upcan be offered, and voted on at the right right men, such as they always have place. For my part I do not think it is in been, except, perhaps, in the city of Philathe right place. In the old Constitution delphia and the county of Luzerne. we have an article on the subject of oaths. Having so decided to elect men every I think all the oaths ought to be put in a two years, and for two years at a time, separate article in the Constitution. Let what next do we propose to do? Make us wait until the report of the Committee them take an iron-clad oath. In other on Legislation comles before deciding on words, our'honest" men are to be asked: this matter of the oath. Let us mean- "Are you a rogue, or are you honest?' while vote down this tenth and the elev- "If honest will you continue to be honest, enth sections. or will you become a rogue at some early Mr. DARLINGTON. If we were to vote opportunity after you get here?" "Have dlown this section now, would it still be you taken any corrupt means, as a rogue open to debate? would do, to get here?" "And will you The CHAIRMIAN. Not in committee of remain perfectly clear and pure while the whole. here?" These questions, substantially, Mr. DARLINGTON. If there is a general are to be put to our honest men! It is to be disposition to vote on it now, I will not put to none others, for none others are to trouble you with any remarks, but if go there under this new order of things. there is not, I will not give way. I put it to the gentleman of this body The CHAIRrMAN. The Chair cannot say who have, at various times, represented how that matter stands. their districts in the Legislature, and who Mr. DARLINGTON. Then Iwill proceed. number I do not know how many of the I dislike very much, SMr. Chairman, to best members-in saying this 1 mean to occupy at this time the attention of the make no invidious comparisons-but Iput Convention, and I shall not be lengthy it to those gentlemen who have been in the in my remarks on this subject. But I am Legislature, whether they are content to unwilling to permit this question to pass stigmatize their fellow-citizens who are without my being distinctly understood now there as unfit for their business. No, as opposed to this whole thing of the sir. As to this whole system of denuncimultiplication of oaths. I am opposed to ation, come from what source it may, it by nature, by education, and by all the upon whatever subject comes before the experience that I have had thus far in committee or the Convention, let me be my contact with the world. understood as not giving to it my asWhat have we done? We have from sent. I would like those gentlemen who day to day denounced the Legislature of have pronounced in favor of it to give us Pennsylvania as a corrupt body of men, all the facts within their knowledge. I unfit to be trusted, and unfit to hold of- would like any gentleman who knows flce as representatives of the people. WVe aught of this corruption, to let us know have indulged ourselves to our hearts' what it is, andwho is guiltyof it. I would. content-and I speak now for the whole like gentlemen who have been in the Legbody, for I do not share in this system of islature, to let us know any fact, within denunciation myself-but we have in- their knowledge on thissubject. Ishould dulged ourselves to our hearts' content in like you, Mr. Chairman-for you have o0cthis system of abuse. What, then, have cupied an honored seat in that Legislawe done? Assuming it to be true that ture-to give us your experience. Ishould they are unfit for the places they occu- like the honorable gentleman who pre-. pied, how do we propose to correct the sidesoverthedeliberationsof thisConvc;: - 4(68 DEBATES OF THE tion, for he too has occupied a seat in that cessarily come into communication with b'ody, and none filled a higher one, to say all sorts and manner of people, of all va — whether he knew, while he was there, of rieties of religious persuasions, and all any such corruption as is here charged in shades of political opinions; and I must wholesale. 1 should like to ask the gen- say, in justice to them, that the inevitatleman who was just now about to take ble rule is honesty and uprightness, with the floor (Mr. De France) if he had any very few exceptions. fact to cite. I would ask my friend from Can you wonder then, sir, that, brought Fayette, (Mr. Kaine,) who also held a up in such a school, and with such expeseat in that body; and so with my friend rience as I have had, I should feel a little from Washington, (Mr. Brodhead,) be- ashamed of the body-and I mean no dishind me. I would ask every man in this respect in saying so-which should debody, who has ever held a seat in the leg- nounce the men of my county, and my islative halls, to give facts, and let the de- colleague's county, and of every other nunciations be based on these facts. Let county in the State, as unfit to be trusted us know who the guilty parties are, and with the legislation required for their what they did, and let their names, accord- necessities? No. If I should sit here ingly, go down to everlasting infamy. Let quietly and permit such an oath to pass, us not say, in general terms, that all men without giving it my condemnation, I are corrupt. Give us the facts. should not be doing my full duty. After I admit-because gentlemen assert it deciding that the people of Chester county' who ought to knowr-that, in the city of are not to be trusted to elect their reprePhiladelphia, parties are impure. Gen- sentatives annually, ancd these representlemen on each side of the political house, tatives not even to be trusted to hold ses — and from this city, have told us so, and sions annually they are still unfit to be surely we are not going to discredit trusted unless they swear that they are them. Improper influences are used to not impure. What citizen of Chester or get into the Legislature; and, although I Delaware counties, or of any other county must admit this, and tadmit also that the in the State, will allow himself to be supsame trouble may exist in Luzerne, let posed guilty of such crimes as these? me ask you, gentlemen of Philadelphia Now, Mr. Chlairman, I am opposed to and Luzerne, does this wholesale corrup- this multiplication of oaths. I am in fa-. tion exist? It is not in my county. I vor of having asolemn affirnlation answer answer for the purity of the people there. in the place of an oath. The penalty of Is there a man on this floor prepared to perjury is attached to the violation of an say that the representatives of his county affirmation as well as of an oath. In the in the Legislature are, or have been, so city of Philadelphia, but more especially vile and corrupt as gentlemen have here in the county of Chester, and in thecounallowed themselves to intimate and to de- ty of Delaware, in the courts of justice, nounce? Or is this wholesale denuncia- when twelve men are called up to serve tion but the same that we ourselves may, as a jury in the adcministration of justiceperhaps, receive in other quarters, if we and are required to be sworn, it is said by shall do anything inconsiderate or wild? the officer of the court: "Gentlemen who For myself, sir, I am no believer in the affirn, please rise." In the counties to doctrine of the total depravity of mankind. which I have referred the jurors almost There are, of course, instances of depravi- unanimously affirm. It is rare, indeed, inl ty, but mankind is, in the main, honest, the history of the administration of jusso far as nmy experience goes; and that tice in my county, that a man in a jury of experience cannot be called inconsidera- twelve ever takes an oath. Is not justice ble. I have never lived in Philadelphia as well administered in these counties as or in Luzerne. Mly habitation has been elsewhere? Are not men as honest there, in the good old county of Chester, where- as elsewhere? We think they are. Is it in the battles of the revolution were necessary that they should swear that fought. I do not know how other peo- they are honest and not rogues? No, I do pie may esteem the counties in which they not think it is. Swear, then, not at all, but live, but I have this to say for mine, that, when you come to the bar of justice take in imy professional career-which, if it ex- your solemn affirmation that you will tell tend to Monday next, will reach to fifty the truth, or faithfully discharge your years, that I have been, boy and man, duty as a juror. In the language of the engaged in the study and practice of the old Constitution, "that you will obey and law-in my professional career I have ne- defend the Constitution of the Common CONSTITUTIONAL CONVENTION. 469 wealth of Pennsylvania;" or whatever the millions of inhabitants in this great State words are, "and discharge the duties of have not asked for the adoption of this your office with fidelity." Everything is measure, which, if adopted willonly tend implied in that old constitutional oath. to disgrace and degrade them. Do not It was put into the Constitutionby our fore- require them, therefore, to compel their fathers, and has ever since been deemed representatives, when they come to take satisfactory by the whole State. No one their seats in the Legislature, to swear ever suggested that we should swear any that they are honest, pure, and incapable body any harder or any faster than is pre- of being bribed. Do not enforce such scribed in the oath placed in that instru- measures as these, or this Convention will ment by the fathers of the revolution, who receive, sooner or later, a prompt and inwere called together to make a Constitu- dignant response from the people who tion for the State of Pennsylvania. The have authorized it to assemble here. thought which was implanted in that Con- aMr. DE FRAeNCE. Mr. Chairman: I do stitution by the men who framed the De- not propose to detain the Convention for claration of Independence, and who were more than a few minutes. I rise simply a part of the revolution itself, was retained to cal; the attention of the committee to there by the Convention that satin 1838 for this fact: It seems to me thatwe came the purposes of its revision. INo complaint, here for the purpose of securing a repubuntil now,has been made, and it has been lican government and not of destroying it. permittedto stand. I trust, therefore, that In looking at this tenth section reported all efforts to disturb this feature of the by the, Committee on the Legislature, I Constitution, or to change it for the sake find that this official oath is embodied in of change, or for the sake of reaching the the following words: " I do solemnly consciences of rogues, will be in vain. swear (or affirm) that I will support the Now, Mr. Chairman, in framing a Con- Constitution of the United States and the stitution for the State, why should we in- Constitution of the State of Pennsylvania, commode or inconvenience a majority of and will faithfully discharge the duties of the counties of the State? I admit that Senator or Representative according to there have been instances of corruption the best of my ability; and I do solemnly in the Legislature, but that the whole swear (or affirm) that I have not paid or body is corrupt I will not believe. I contributed anything, or made any promhave been forcibly impressed, Mr. Chair- ise in the nature of a bribe," &c. I am of man, with the remarks of our eloquent the opinion that this oath is contrary to friends from Philadelphia and from Lu- republican principles. It is impossible to zerne in regard to this corruption. Judg- make a man swear that he did not steal a ing from their remarks it would seem horse, or that he did not acquire property that it was confined entirely to their coun- unlawfully. I do not care how iron-clad ties, for we have heard nothing from the oath is made, but in its present form Lancaster, Chester, Bucks, or any other I think it should be struck out. I want of the counties that I remember, in re- the oath made strong enough for the gard to it. In making these changes in views of those who believe in brimstone the Constitution for the purpose of pre- as well as others who do not. My experiventing this evil of corruption, why ence has been all ny life that oaths have should we not apply the remedy to the had very little effect either in Congress or particular locality alleged to be diseased? any place else. Inasmuch as it is the cusI think when the proper time arrives, tom to have these oaths enforced, I want and when the Committee on City Char- them made strong; but at the same time ters shall have made their report, that we I desire to call the attention of the comwill then ascertain the necessary changes mittee to the form of the one Which is in the Constitution which are demanded embodied in the report as presented by by some sections of the State. If in the the Committee on the Legislature. The counties of Luzerne and Philadelphia, gentleman from Centre (Mr. M'Allister) the Patricks and the Michaels desire to has referred to the form of the oath conbe corrected and chained down, let the tained in the old Constitutions, but I representatives from these counties sug- must remind him that those old instrugest the proper remedy for their improve- ments were framed for the purposes of ment. But while we have no Patricks the times that have been and not for and Michaels in Chester county, we will those in the future. For these reasons, have nothing to do with these corruptions Mr. Chairman, I am in favor of referring in Philadelphia and Luzerne. The four this whole subject to the clear-headed 470 DEBATES OF THE gentleman from Fayette, (Mr. Kaine,) was made by which oaths or affirmations and also to the very distinguished judge should be rendered obsolete, and that a who is on the other committee, resting man should simply act upon his honor, confident that they will make such a re- then it would be based upon a principle port to this Convention as will be accepta- different from the one with which we are ble to us all. familiar. As long as the custom prevails Mr. HowARD. Mr. Chairman: I listen- which renders oaths necessary, I cannot ed,with considerable surprise,to the argu- see why we should not go into the details of ment of the delegate from Chester, (Mr. these oaths and not stop at the threshold Darlington,) in regard to the oath con- by simply requiring the members of the tained in the tenth section of the article Leglslature to swear that they will disreported by the Committee on the Legis- charge their duties with fidelity, particulature. I understood him to say that he larly when we know perfectly well that was a lawyer, and that it had been the there have been great evils arising from business of his life to practice law. I the corruption of that body. It seems I would like to know, if he is conscien- rather strange that a gentleman grown so tiously opposed to the taking of oaths, old as the delegate from Chester (Mr. how he managed to become admitted to Darlington) should inquire at this time the bar? I am a lawyer, and I believe for particulars of the corruption existing the rule in Pennsylvania requires the fol- at Harrisburg. He has intimated that lowing oath to be taken by every lawyer charges have been made against the Legbefore he is admitted to the bar. islature as a body. If such charges have Mr. DARLINGTON. Oath or affirmation? been made I have not heard them. I Mr. HOWARD. Yes, oath or affirma- know that it has been said on this floor, tion. The section reads:."Every member and we all know that it is true, that of the General Assembly, before he en- the Legislature of Pennsylvania has alters on his official duties, shall take and ways contained more or less men of subscribe the following oath or affirma- the highest intelligence, and the greatest tion." The gentleman from Chester (Mr. integrity, but at the same time it is )Darlington) is unquestionably contra- undeniable that it has contained some dieted in this particular, for if ho was of the meanest, some of the lowest, some affirmed when he was admitted to the bar, of the vilest, and some who sold their that affirmation was just as strong as if votes upon all occasions when money he had taken an oath. The rule in Penn- was offered to pay for them. In fact, it sylvania, as I understand it, is to admin- has grown into a saying, that if a ten dolister to attorneys the following oath: lar bill goes to Harrisburg, the members "'That you will support the Constitution of the Legislature are not satisfied unless of the United States and the Constitution they get half of it. Every man who has of the State of Pennsylvania, and behave had experience in the Legislature of Pennyourself in the office of attorney with due sylvania knows full well that he always fidelity to the court, as well as to the client, found men of honor and integrity there, and that you will use no falsehood and but at the same time that he also found delay no man's cause for lucre or mal- sitting beside such men as these, men ice." who were corrupt, who acted corruptly, I would ask what is implied in this and who gave their votes in a corrupt oath? In listening to the argument of manner; and, Mr. Chairman, I think it is the gentleman from Chester, I should im- time that we had a specific prevention for agine that when this oath or affirnation the acts of just such men as these. was proposed to be delivered to him, if I find by reviewing the second section he was asked what that oath implied, that what is to be the penalty prescribed. The he would turn around and say that it im- penalty simply is that if a man is detected plied that he was going to make a liar of perpetrating these rascalities he shall not himself, and that he was going to delay hold office. Why, thatisthe penalty now. his client's cause, and to use falsehood for' Not by law,I admit, but public opinion is the sake of lucre or malice. 1 can see no such that if it were certainly known that reason why hesitation should be evinced a man had been bought in the Legislaabout taking this oath in a person about ture, that he had been guilty of bribery, to become a member of the Legislature. public opinion would consign him to the In fact I can see no more reason why he same position that we propose to consign should hesitate than an attorney about to him by the penalty of this second section. be admitted to the bar. If a proposition I would add, to that second section, also, CONSTITUTIONAL CONVENTION. 471 that he should be punished by imprison- the debate for the time being, that we ment of not less than six months, and that are not passing upon the merits of this he might be indicted and tried in the proposition. Now: there will be no adcounty where he had his residence, in or- vantage in postponing this section in cornder that his constituents might lay hold mittee, or in passing it over for the time of himn; because if you say his bribery being to consider other sections, because was committed at the State Capitol you it would come up again. The committee might say that the party bribed should of the whole must act upon it before the be indicted and tried at Harrisburg. I final report is made, so that we gain nothwould make it so that his constituency ing by a temporary postponement or could lay hold of him when he returns to pushing aside of this section. Nor will his residence. If a member violates his we gain anything by letting it remain in oath let him be tried among his constitu- until second reading and then acting upon ents. it again. I see no convenient mode of Mr. Chairman, I cannot see any reason acting upon this important question other why this oath cannot be taken by any than that which I have suggested, to honorable man before he enters upon the strike it out and let it come up hereafter important duty of making laws for this in its proper place, it being understood in great Commonwealth. the meantime that the Convention are Mr. J.W.F.WHITE. Mr. Chairman: I not now acting upon the merits of the rise simply to say this: I shall vote against question, and that they will be considthe amendment to this section, and vote ered hereafter. against the section itself, because I think The CHAIRMAN. The questionis on the no such section should be in the article on amendment to the amendment. If the the Legislature. I am in favor of a very gentleman from Luzerne will withdraw strong, stringent and specific oath of office, thatbut I want that oath of officeto be applied Mr. H. W. PALMER. Mr. Chairman: I to all the officers of the State, as well as to withdraw it. the members of the Legislature. I think The CHAIRMAN. The question then rethat should be in a different part of our curs on the amendment. Constitution, and be made applicable to Mr. HANNA. Mr. Chairman: I withall officers of the State. Therefore I shall draw that also. vote against this here. The question then recurring on the secMr. BUCKALEW. Mr. Chairman: I do tion, it was rejected. not know any mode by which we can get The eleventh section was read, as folrid of this section but by voting it down. lows, and agreed to: If it should be generally understood that Eleventh. The foregoing oath shall be this vote is not a test upon the question it- administered by one of the judges of the self, noinconvenience will result. I think, Supreme Court, in the hall of the House with the gentleman from Allegheny, (Mr. to which the member is elected, and the J. W. F. White,) who spoke last, that the Secretary of State shall read and file the proper place to dispose of this question is oath subscribed by such member. Any in considering the eighth article. I believe member who shall refuse to take said oath it is that division of the Constitution, shall forfeit his office, and every member which will be under the sub-head of who shall be convicted of having sworn 6' oaths of office." There, if we choose to falsely to or of having violated his said oath provide a special oath for members of the shall forfeit his office, and be disqualified Legislature, and another oath for other thereafter from holding any office of profit officers of the government, we can do so. or trust in this State. We will then have this whole question The twelfth section was read, as folbefore us, and can dispose of it in a single lows: debate. If, however, we are to consider Twelfth. Each member of the General this question of oaths, with reference to Assembly shall receive for such period of the Legislature in one article, and with two years the sum of twelve hundred dolreference to other officers in another arti- lars and mileage, at the rate of ten cents cle, or, perhaps, two or three other arti- for every mile traveled in going from their cles, we will consume much time un- place of residence to their place of meetnecessarily and inconveniently. ing and return therefrom, and no other My idea, then, is that it should be gen- allowance or perquisite whatever, either erally understood, that in rejecting this for expenses or services, whether as meemsection for the present, and getting rid of ber of any committee or other duty as 472 DEBATES OF THE member of said General Assembly: Pro- "Such compensation for his services as vided, That if the Governor shall convene shall be ascertained by law, to be paid the General Assembly in special sessions out of the treasury of the Commonwealth: each member shall receive ten dollars for Provided, That no Legislature shall have each day of said session, with the same power to increase the compensation of its mileage as is herein before provided for members during the term for which such the regular session. persons were elected." Mr. WHERRY. Mr. Chairman: I offer Mr. HUNSICKER. Mr. Chairman: The the following amendment: reason I have for offering that amendment To insert after the word " Assembly," is because it will be utterly impossible where it occurs the second time, the fol- for this Convention to fix, for all time to lowing: come, the compensation of the members "Nor in case of a contested election of the Legislature. What would be big shall compensation or mileage be paid to pay to-day mnight be much too small in to any but the person entitled to his seat." time to come, or it might be much too Mr. WRERRY. Mr. Chairman: This is large; I have limited in that amendment a matter which, I presume, commends it- the power of the Legislature, so that it is self to the attention of every member of impossible for a man to corruptly vote an the Convention, and does not contemplate, increase of his own pay. If the LegislaI think, a general debate. The amend- ture desire to increase the pay of its memment which I have offered seems to rest bers it can only do it by an act which on the common-sense principle, that when would apply infuturo, and would by no a man is sent to do a work and does it he possibility have relation to the members shall have his pay; but if another man then in existence. I am in favor, on gencomes in and takes, by violence, the imple- eral principles, of making offices salaried, ments with which he is working and does but I am opposed to this Convention atthe work, that he, too, is not entitled to tempting to fix a salary, when it is utterly the paSr. I have nothing more to say about impossible for us to foretell what the future it;. may require,and Ithinkwewill bemaking a great mistake by attempting now to fix the compensation of the members of the me that that amendment is not germain General Assembly. There never has been to this section. It will come in properly any complaint in the Legislature, so far as I in the section relative to contested elections and the manner of determining am aware, against the pay of members. tions and the manner of determining The pay has always been low, sufficiently them, but I suggest that it is not in order, at thIsgsptic thtim. his sti. on low, and, indeed, toolow to meet the necesder at this particular time. This section of members themselves, and I do is in relation to the pay of members not think it will be wise now to hastily alone, and does not refer to contested elec- fix sum of money which would comtions or the determination of them, or any- pensate the members for their service thing about them, and would properly and I prefer to leave that to the Legisla-,come in, I think, in a different section. ture in the mode provided for in the Mr KAINE, Mr. Chairman: I would amendment like the gentleman to suggest where. The CHAIRMAN. The question is upon On the question of agreeing to the the amendment to the amendment. amendment, a division was called, which The Clerk will read the section as resulted fifty in the affirmative, and twen- amended. ty-seven in the negative. So the amendThe CLERK read: mllent was agreed to. "Each member of the General AssemMr. HOWARD. Mr. Chairman: I move bly shall receive for such period of two to further amend, as follows: years such compensation for his services By strikingout, in the first sentence, the as shall be ascertained by law, and be paid words "twelve hundred" and inserting out ofthetreasuryoftheCommonwealth: "two thousand.''" Provided, That no Legislature shall have Mr. HUNSICKER. Mr. Chairman: I of- the power to increase the compensation of fer the following amendment to the its members during the term for which amendment: such persons were elected." To strike out, after the word "year," in Mr. BUCKALEW. Mr. Chairman: I the first sentence down to the word "pro- would be in favor of that amendment if it vided," and insert in lieu thereof as fol- were so modified as not to affect the memlows: bers of the Senate, whose terms extend CONSTITUTIONAL CONVENTION. 473 beyond the pending representative terms; may, in five years from this time, be a that is I am in favor of having this matter compensation that would be oppressive of salary regulated by law, and that in no to the State, or it may be such as to be utcase shall the change, whether of increase terly inadequate. or decrease, take effect pending the rep- Now I do not think there is any danger resentative term-the term for which the in leaving to the Legislature itself the members of the House are elected. As the fixing of the compensation for the term. Senators are elected, some in one year, It is a power that, so far as I have ever and some in another, it would follow that heard, has not been abused. It is one of they never could increase the compensa- those powers which the constituents of tion of the members of the Legislature, the members will watch the exercise of and make the compensation uniform, as very carefully, and I think that we may to the Senate. With a change in that safely leave it to them that the provision amendment, by which the legislation that was in the original amendment ofshall apply to the pending representative fered, namely: That no member should term, the two years' term, I will vote for it. enjoy any increase of salary or pay, by Mr. HUNSICKER. I will accept that virtue of any law passed during the term modification, making it for the represen- for which he had been elected, and I can tative term. see no difficulty and no injustice in a Mr. EWING. Mr. Chairman: I am very member of the Senate, who has voted for sorry the gentleman has accepted the an increase of pay or salary, being demodification. With the substance of the prived of any benefit of that increase duramendment 1 heartily agree. I listened, ing his term. I think it a wholesome with a great deal of pleasure, upon the provision, and I hope that the Convention first day that this sectionl was before the will avoid a restriction of that sort, if we committee, to the chairman in his opening leave to the Legislature the determining speech, giving the reasons why they had by law of their own salaries. adopted and reported certain sections. I would go a little further still, and Many of his reasons had considerable provide for the pay of mileage for memweight with me, and I confess changed bers for the extra session. I would not my first impressions, which had been increase their pay for any extra or special against certain sections of the report. session. Upon this section he gave the arguments I would limit them to a salary, to be against fixing the salary of members of fixed by law, and let that be the pay for the Legislature so well, so forcibly, that, all the services they render during the to my mind, he was utterly unable to entire term, whether it be a regular sesevade the force of his reasoning when he sion or a special session. Then there will came to give the reasons why they had be less danger of having unnecessary undertaken to fix the salary. I think special sessions. For the reasons that I that this Convention will act very un- have given I will vote against the amendwisely if it should undertake to fix, abso- ment as it has been modified. solutely, the salary of any officer during Mr. HrMPItILL. Mr. Chairman: I hope the term, which we hope the new Consti- that the Convention will, for the present, tution may be the organic law of the postpone this matter or vote it down, State. As has been said, we cannot tell that being the parliamentary method of what the value of money is going to be in getting rid of it; vote down both the a few years in this State. It is very un- amendment and the section, and wait certain. until we hear from the Committee on If I recollect rightly, at the time of the Legislation. On the fourteenth of this adoption of our present Constitution the month, on page 194 of the Journal, will be country was enjoying what was called found a section which I think will cover "flush" times. Everybody had money this case, as well as all other officers of and speculation was rampant, and a hun- the State. It reads as follows: dred dollars or a thousand dollars was of " All State officers shall. be paid in salavery little account. Within five years ries for services, which shall be fixed by from the adoption of that Constitution, or the Legislature, and shall be neither inperhaps within three, a dollar was worth creased nor decreased during the term as much as three, or four, or five dollars for which the person is elected or aphad been at the date of the adoption of pointed, excepting in cases of appointthe Constitution. So it may be again. The ment or election during good behavior or compensation that we would fix to-day for life, when the salaries may be subject 474 DEBATES OF THE to legislative apportionment every ten common school system went into operayears." tion about the time of the adoption of that I think this covers the matter we have Constitution, and therefore, having taken under discussion, and will provide, not advantage of its benefits during that peonly the salaries of members of the Leg- riod, I think that we ought not to allow islature, but for all other officers of the 1"their" to represent "'each member" in State. I think it would be an advantage two different places in this section of this to have all in one section. It embraces Constitution. The word "their" is cerall there is in this amendment and much tainly objectionable; but I do not move to imore, and I hope the Convention will strike it out, for I do not desire to make a dispose of this matter for the present by motion of that kind to amend the lanvoting it down, and wait until we hear guage, but I want to get rid of this secfrom the Committee on Legislation, as we tion so that this committee will not send have done with other sections. forth to the people of Pennsylvania a ConMr. LEAR. Mr. Chairman; I agree with stitution in which the pronoun "their' the suggestion of the gentleman from stands for "each member." Chester (Mr. Hemphill) for more reasons Mr. CORBETT. Mr. Chairman: It apthan one; but it is sufficient to discuss pears to strike me that every step we are this amendment and this section for the taking here is leading us into further diffipresent, whatever may become of it here- culty. We have just adopted an amendafter. If we adopt no section at all upcon ment with reference to the pay of memthe subject of fixing or limiting the com- bers. You are now considering an amendpensation of members of the Legislature, ment which is in the shape of a limitation the legislative power of this Common- upon the legislation. I will simply say wealth is vested in that body. They this: That if the committee of the whole have abundant power to fix their corn- wishes to dispose of this matter now, well pensation, from time to time, as they have enough; but I will say to you, Mr. Chairdone heretofore, and no difficulty will man, that this subject has been before the arise without this provision in the Con- Committee on Legislation, which appears stitution. to me to be the proper committee to rS Now the gentleman from Montgomery port upon that subject, and if that com(Mr. Hunsiclker) proposes to amend the mittee wishes to make a uniform report, Constitution by giving the Legislature I do not see how they are to do it after power to do this thing. All the legisla- these provisions are adopted. tive power in this Commonwealth is vest- For instance: This subject of contested ed in that body; and, unless satisfacto- elections has been before that committee; rily restricted, they would have it as part and I do not understand that this report of their duty, and it would be within the makes any provision on that subject. If compass of their power to direct what sal- they are to take up this matter of contestaries these officers should receive. ed elections, can they take it up and make I was glad when the amendment was a report in part? To make it uniform, proposed, for I wish to get rid of this awk- ought it not to cover the whole ground? ward section, and I wish to get rid of it I make this suggestion to the committee. not only because I do not think that If the committee see proper now to act, such a limitation is necessary, but because why, of course, it will relieve the Commitit has a misuse of the English language tee on Legislation of that subject. It does in it. I do not desire to amend it, for fear appear to me that the whole matter in that the accomplished chairman of the the hands of the Committee on LegislaCommittee on Legislature might oppose tion would, at least, present a plan that it, and therefore we would affirmatively would be uniform and consistent. If the endorse this misuse of the English lan_ Convention did not agree to it, they would guage. Yesterday I made an attempt to have the whole matter before them, and amend the language, but it was saved, they could then mould it into a shape because it was a part of the old Constitu- that would suit. tion of 1837, and in deference to that it Mr. WHERRY. Mr. Chairman: Admitwas allowed to stand, and express the ting all that the gentleman has said, and idea that no man shall be a member of there is force in it, there is still this diffithe Legislature who has been a citizen of culty: There are some of us who are anxthis Commonwealth for the past four ious to have engrafted into the Constituyears. But this does not come under any tion restrictions that will cure these great such saving provision as that, and the and notorious evils. I do not see how the CONSTITUTIONAL CONVENTION. 475 committee, to which the gentleman re- of the Legislature to one session every fers, can act so intelligently as they can two years, for which the committee proif this committee has passed upon those poses to pay $1,200 00. That amount is very questions. It does no harm to in- supposed to be proper compensation for corporate these amendments into this re- the services. How long are the members port, because the Committee on Revision to be in session? We have been enlightcan report that there are double sections ened on this subject from various parts of on that subj ect, and recommend the strik- this hall; and we are told that when once ing out of one, retaining the most appro- we get rid, by this Constitution, of special priate and acceptable. I take it that the legislation, we shall want scarcely anypassage of this section with these amend- thing. Then why pay $1,200 00 if they ments does not at all prohibit this Con- are not wanted there? Your theory ought vention from inserting these same amend- to work out consistently. If it be true mnents into the entire report. that we shall so improve the quality of The question being upon the amend- the Legislature, and so diminish the ment offered by Mr. Hunsicker to the work that they will have to do, why, in amendment of Mr. Howard, a division the name of common sense, should we was called for, and resulted: In the pay more than we do now? I think affirmative, thirty-six; in the negative, $1,000 00 would be sufficient. Perhaps forty-five. my friend from Fayette (Mr. Kaine) So the amendment to the amendment could express an opinion on that point. was rejected. I regret that the gentleman from Indiana Mr. EWING. I now move to amend the (1Mr. Harry White) is absent, as he could amendment, by striking out all after "sec- doubtless inform us, though I do not tion twelve," and inserting: doubt that the President of this Conven" Each member of the General AsseIn- tion, if he would, could give a valuable bly shall receive a fixed salary for such opinion on this head. It has been so that term of two years, and mileage for each members got extra pay for committee regular and special session, and no other work, and each man might, I presume, be compensation or perquisite whatever, on several committees, and get extra pay whether as member of any committee or for each committee. 1 presume it will otherwise, during such session, which sal- be one of the duties of this Convention to ary and mileage shall be, determined by cut off this system of extra pay. It memlaw; but no memrker of either House shall bers now get two or three thousand dolreceive any increase of compensation or lars a year by indirection, it should be mileage by virtue of any law passed dur- stopped. With all due respect to the ing the term for which he shall have been members, I think the propriety of that elected." course was very questionable. Certain it The question being upon the amend- is we do not mean to continue that sort of ment of Mr. Ewing to the amendment of thing. We intend to pay the members of Mr. Howard, it was rejected. the Legislature a fixed sum, or a fixed Mr. FELL. I move to amend the amend- per diem, which they should not exceed. ment, by striking out " $2,000 00," and in- WVe propose to say to them: " Gentlemen, serting instead 1" $700 00." you undertake, for a given sum, each, to Mr. S;IMPSON. I propose merely to say perform the duties of your office. The this: That I shall vote against both the State is entitled to the whole of the time pending amendments; and in answer to in which you undertake to do these the argument that money changes its duties, and you have no right to charge value, I would ask members to remember extra for anything you do inside that that the sessions can be shortened. time." Mr. DARLINGTON. I wish to say a few Now, Mr. Chairman, what do you want words to the committee on this subject. to pay $1,200 a year to pure men for. We While I believe the labor is worthy of his do not need it and do not yet. We are hire, I do not believe he is worth any supposed to be a pure body, and as much more. How is the proper figure to be immersed in business as any other body. reached? The old-fashioned pay was by And yet, by the Legislature itself, we are the day; now it is by the job. Do we do supposed to be amply paid by $1,000. I our work any better than if we were paid think they are right. It is sufficient pay. by the day? Now what is the proposition I do not think we ought to get any more before the Convention? As submitted by than our expenses. We ought not to the committee it is to reduce the sessions make a Legislature a money-making con 476 DEBATES OF THE cern. Compensation that will cover one's value of money was less than it is now. hotel bill and railroad fare, ought to be Gold was at a higher premium, but this sufficient, just enough to keep one from compensation wasfoundto belarge enough drawing on one's private purse -for such to meet all the expenses of our legislators. purposes. I hope therefore that the Convention will If $1,000 is enough for us, as I beg to set an example of economy. submit it is, why should members of the Mr. ELLIS. Mr. Chairman: I feel myLegislature, who have themselves shown self completely at sea this morning in the their sense of the propriety of that amount, absence of the chairman of the committee have any more? that reported this article. I am desirous If you fix a bulk sum for members cf to be further informed in regard to this the Legislature, make it $1,000. The fact subject, and as I know other of our memthat it extends over two years is nothing, bers entertain the same opinion, I move for it makes no more expense. One thou- that the committee rise, report progress sand dollars will have to be paid for all and ask leave to sit again. the work the members of the Legislature The motion was agreed to. have to do. I am opposed to any larger sum than this, and, in fact, I am in favor IN CONVENTION. of reducing it. In the first place I will The committee then ro3se, and the Presivote for the amendment which fixes seven dent resumed the chair. hundred dollars as the compensation for Mr. C. A. BLACK. Mr. President: The the members of the Legislature, and then, committee of the whole, having had again if possible, endeavor to convince the com- under consideration the report of the Committee of the propriety of reducing it still mittee on the Legislature, have instructed further. me to report progress and to ask leave to It has only been within the last few sit again. years that the Legislature dared to ask for Mr. DALLAS. I move that the commitseven hundred dollars. Members of the tee have leave to sit again to-orrow. Legislature,until very recently,were satis- The motion was agreed to. fled with three dollars per day, and pro- The PRESIDENT. The Chair asks the bably it has only been ten or fifteen years consent of the Convention to present the since the Hon. Eli K. Price, who was a member of the Senate, advocated and car- Tollowing communication. The Convention granted its consent, and ried through a provision to pay the rembers of the Legislature only $500, and the Legislature were satisfied with it. The BOARD OF PUBLIC CHARITIES, very next year or two, because of the OFFICE OF EXECUTIVE COMMITTEE, passage of the apportionment bill, it was January 30, 1873. proposed to increase the amount to seven Hon. WM. M. MEREDITH, hundred dollars. This occurred in a year Peesicent of Constitutional Convention: in which there was extra labor, and by DEAR SIR:-I am instructed by the reason of this apportionment of the State Board of Public Charities of the Comnfor the members of the Legislature and rnopwealth of Pennsylvania to submit, for members of Congress, this standard of the consideration of the Convention, of compensation was established. I enter- which you are President, an extract from tain the same opinion which has been al- their annual report to the Legislature, now ready expressed,that it is a sufficient com- in session. The accompanying paper prepensation beyonld all doubt. In the lan- sents the views and suggestions of the guage of one of our delegates, it is amply Board of Crime and Prison Reform. A sufficient to enable a member of the Leg- copy has been presented to each member islature to pay all his expenses at Harris- of the Convention. burg, and to enable him to take part of it GEO. L. HARRISON, home with him. I can see no reason why Piresident. the expenses of delegates to the Legisla- The communication was laid on the ture should be greater than they were table. when this standard of compensation was MIr. D FRANCE movedtoadjourn,which established. Hotel billswere higher then was agreed to. than they are now, for we were in the And the Convention thereupon, at two midst of war times, when the purchasing o'clock P. M., adjourned. CONSTITUTIONAL CONVENTION. 477 THIRTY-FIRST DAY. FRIDAY, January 31, 1873. in prosecutions for crimes committed unThe Convention met at eleven o'clock der its influence, and the increase of taxA. M. es for the support of alms-houses, necessiPrayer was offered by the Rev. Jas. Wv. tated by the poverty it produces, far Curry. exceeds the income derived to the State from the sale of licenses. Were it otherrwise, has the State a moral right to license The journal of yesterday's proceedings this fruitful source of crime for the purwas read anid approved, pose of revenue? The places where RAILROADS. liquor is sold are legion. The foul taint Mr. Jos. BAILY presented a petition thereof is upon the breath of youth and from certain citizens of Perry county, re- age, in most places of public resort. We lating to railroad corporations, which was believe the increasing magnitude of this referred, without reading, to the Commit- evil to be so great that it is second to tee on Railroads and Canals. none that can claim your attention. ITE. We respectfully, but most earnestly, appeal to you, as a body chosen by a proMr. KNIGEHT. Mr. President: I have fessed christian community, whose duty two memorials from the yearly meeting it is to exercise the powers delegated to of Friends, which I wish read and referred you for the promotion and protection of to the appropriate committees. I concur virtue as the surest guarantee for the with the sentiments expressed in the public good, solemnly to consider the submemorials. ject, and do what you can to arrest and The CLERIK -read as follows: diminish this flood of iniquity. The ConTo the Convention of Delegates to revise the stitution, as it now stands, requires the (Cnstitution of the State of Pennsyl- enactment of laws for the protection of vanza, now sitting: of property and life, whilst it sanctions This memorial of the representative the sale, by license, of means which more committee for the yearly meeting of the than any other cause endangers property Religious Society of Friends, held in and life, and may prove destructive to Philadelphia, respectfully represents: the soul. We therefore request that you That the evil arising from the sale and will so amend the Constitution that it use of intoxicating liquors, as a drink, will take from the Legislature of this having claimed our serious consideration, Commonwealth the power to grant liwe have felt it to be our duty to endeavor censes for the sale of intoxicating liquors briefly to call your attention to the sub- as a drink, and substitute provisions project in ail its bearings. hibiting such sale. Whilst we thus deThe practice is utterly void of advan- sire that the poisonous streams now surtage to the individual or the State. We rounding the paths of the youth, luring believe it to be the most fruitful known them to destruction, shall forever cease, source of crime, entailing misery and we shall hail with joy any modification wretchedness, both physical and mental, of our laws approximating to so desirable upon its immediate victims and their posterity; that it supplies moreinmates Signed, by direction and on behalf of to insane asylums, prisons and alms- the representative committee aforesaid, houses than any other cause; that the CALEB CLOTHIER, Clerk. cost to the community in money, in ad- PHILADELPHIA, 1st mo. 24th, 1873. dition to the moral depravity it engen- The memorial was referred to the Comders, in the occupancy of courts of justice, mittee on Legislation. 478 DEBATES OF TIIE MILITARY SERVICE. relating to liberty of conscience, anc The CLERK read the following memo- every part and clause therein, according rial: to the true intent and meaning thereof, To thie Convention of Delegates to revise shall be kept, and remain, without any althe Constitution of the State of Pennsyl- teration, inviolablyforever." vania, now in session: The Convention of 1790, which formed This memorial of the representative the first Constitution of this State, recommittee for the yearly meeting of the affirmed, in the Declaration of Rights, the Religious Society of Friends, held in great truths and rights granted by WilPhiladelphia, respectfully showeth: That liam Pen, and they were retained at the revision in 1837. Thus in the existing the Constitution of the State of Pennsylvania, as it now stands, requires of the Constitution of this State it is declared: vania, as it now stands, requires of the Legislature the enactment of laws de- "All men have a natural and indefeasible Legislature the enactment of laws demanding from all citizens of the State be- right to worship Al to the dictates of their own consciences;" tween certain ages, capable of bearing to the dictates of therow consciences; arms, the performance of military service, alo, "No human authority can, in any excepting that "those conscientiously case whatever, control or interfere with the rights of conscience." It is likewise scrupulous to bear arms shall not be comndeclared that every thing in this article — pelled to do so, but shall pay an equivalent forpersonalservice.1" (See article VI, sthe Declaration of Rights-is xtion 2, Constitution of the State of Penn- cepted out of the general powers of govsylvania.) We consider such constitu- ernment, and shall forever remain izvotional provisions and laws to be in disre- late. conscientious scruples upon Thus it will be perceived that the pre-,arcl of the conscientious scruples upon sent Constitution whilst in theory, it asthe subject of war of a large class of the professors of christianity in this Commonrights of conscience, also, by its future wealth; and deem it our duty earnestly provisions in the matter to which we call and solemnly to remonstrate against them as a violation of our religious rights your attention, violates said assertion as guaranteed by William Penn, the founder -fwell as the guarantees of the great charter of this Commonwealth, in his great char- of William Penn, by compelling us to do an act contrary to our religious persuasion, ter, in the following remarkable language: a "Almighty God, being the only Lord of and interfering with our rights of co science, or otherwise to suffer molestation conscience, Father of Lights and Spirits, science, or otherwise to suer molestat and the Author, as well as object, of all divine knowledge, faith and worship, who We represent a people who cannot only doth enlighten the mind and per- comply with any law requiring military suade and convince the understanding of service'without disobeying the command people, I do hereby grant and declare, of God to them. Neither can they pay a that no person or persons, inhabiting this fine imposed for exemption therefrom, province or territories, who shall confess because in so doing they feel that they and acknowledge Almighty God, the would implicate themselves in a violation Creator and Upholder and Ruler of the of their conscientious scruples in this reworld, and profess Him, or themselves spect. obliged to live quietly under the civil For more than two hundred years our government, shall be, in any case, mo- society has held the doctrine that all wars lested or prejudiced, in his or their person, and fightings were forbidden to them as or estate, because of his or their canscien- followers of Christ, differing in this retious persuasion or practice, or to do or spect from nearly all other associations of suffer any other act, or thing, contrary to men claiming the christian name. their religious persuasion. For asserting and maintaining this and "And, because the happiness of man- other testimonies of the " Truth as it is in kind depends so much upon the enjoying Jesus," they were brought under crual of liberty of their consciences as afore- persecution, enduring the despoiling of said, I do hereby solemnly declare, pro- their estates, incarceration in prisons and mise and grant, for me, my heirs and as- loathsome dungeons and death. Through signs, that the first article of this charter, this long season of darkness their depend CONSTITUTIONAL CONVENTION. 479 ence was upon the Divine Power, under ment prohibiting the sale of intoxicating which their patient suffering and earnest liquors. I now move that it be referred remonstrance obtained, in some deraee, to the Committee on the Judiciary. the favor of those in authority. The motion was agreed to. For the free enjoyment of civil and re- TRADE COMBINATIONS. ligious liberty they came to this land to Mr. J. S. BLACK, on behalf of the Comseek, amongst the so-called savages of the mittee on Legislation, asked that they be wilderness, immunities and privileges discharged from the consideration of a denied them at the hands of a professed resolution offered by Mr. Stanton, and rechristian nation. Here ~William Penn * nto.HrWlimP ferred to them, on the subject of colmmerand his friends planted their infant colony cial and trade combinations, and that the and proved the efficacy of the principle of same be referred to the Committee on peace. The conflict of arms was unknown, Industrial Interests, which was granted. and history bears no record of strife between the Indian and the Friend. LE0AVES OF ABSENCE. WVe, their descendants, now appear be- Mr. LAWRENCE asked leave of absence fore you, not alone with a view to shield for a few days for Mr. Landis, which was ourselves from suffering, but, under a granted. sense of duty to God, to assert the sacred Mr. KAINE asked leave of absence for rights of conscience, to raise the standard a few days for Mr. Buckalew, which was of the Prince of Peace before the people, granted; also, for Mr. Wherry for a few and in His name to ask you so to frame days, which was granted. and modify the Constitution that it shall COMMON SCHOOL FUND. prohibit the Legislature from enacting laws which bring under persecution inno- Mr. NEWLIN oon c red the ll rcent men for obeying His commands. olution, which was retferred to the Committee on Declaration of Rights:' "Ye are my friends if ye do whatsoever I command you." Resolved, That the Declaration of Rights In thus defining our position, we enter be amended, by adding to section three: b" The conldbdon school fund shall nthree not into judgment or condemnation of those who differ from us. be divided for sectarian purposes, and no Trusting in the mercy of our Heavenly money shall be appropriated by any Father, we desire that Hle lmay so touch SSate, county, municipal or other public your hearts and understandings with His authority to any sectarian association or wisdom that you may grant our petition. corporation for any purpose. (Signed) RICHARD MOORE SEAT OF GOVERNMIENT. JOHN SELLERS, Mr. BRODHEAD offered the following JOS. C. TURNPENNY, preamble and resolution, which were reHIENRY W. MOORE, ferred to the Committee on State InstituWILLIAM DORSLY, tions and Buildings: CALEB CLOTHIER. WHEREAS, It is but right and proper PH3I:LADELPrIA, 1st mo. 92~4th, 18'73. that the seat of the State government The memorial was referred to the Com- should be fixed by the choice of a majormittee on Militia. ity of the people, and not be subject to SUFFRAG~E~. location or removal by a vote of the Legislature, prompted by the passions Mr. CaMPBELL presented the petition and prejudices of the hour; therefore, of E. M. Davis, Lucretia Mott, and five Resolved, That the following article be hundred and forty-eight other persons, incorporated into the amended Constitucitizens of the United States, resident tion: in the State of Pennsylvania, asking for "ARTIcrE -. The seat of government suffrage, which was referred to the Com- shall be fixed by the people. That at the mittee on Suffrage, Election and Rep- time and place designated by this Conresentatmon. v6ntion for the people to vote for or INTOXICATING LIQUORS. against this Constitution, the people shall Mr. DAvis. 1 presented, on Wednesday, also vote upon the location of the seat of a petition of citizens asking for an amend- the State government. That each voter 480 DEBATES OF THE may vote for any one of the following EXPENSES OF THE CONVENTION. places: Mr. LILLY offered the following resolu"Pittsburg, Altoona, Harrisburg, Wi- tion, which was twice read: liamsport, Wilkesbarre, Reading, Bethle- Resolved, That the Committee on Achem, Philadelphia. counts and Expenditures is hereby diThat ih a majority of the whole num- rected to report, as nearly as practicable, ber of votes cast shall be given for any the probable amount of money that will one place, then such place shall thence- be necessary to pay the expenses of this forth be the seat of the State government. Convention, including salaries of members But if a majority of votes cast shall not and officers, and all other probable exbe given for any one place, those two penses, and report the same to this House places having the smallest number of as early as practicable, that the same may votes shall be dropped'from the list; and be transmitted to the Legislature in time at the next ensuing general election the for the annual appropriation. people shall again vote thereon, and if no Mr. NEWLIN. I move the postponeone of the six places voted for shall have ment of the resolution for the present. a majority, then the two places having Mr. HAY. I hope this resolution, in its the smallest number of votes shall be present form, will not be adopted. It dropped from the list; and at the next seems to me it interferes with the funcensuing general election the people shall tions of the legislative department of the again vote thereon, and if no one of the State. It is their duty to make approfour places voted for shall receive a ma- priations for all the expenses of the State jority of the votes cast, then the two pla- government; and the expenses of this ces having the smallest number of votes body form part of such expenses. We shall be dropped; and at the next ensuing ought not to interfere in such matters. general election the people shall finally They are quite competent to perform vote thereon, and the place having a ma- their duties in this respect. jority of the votes shall thenceforth be The question being upon the motion to the State capital; and the Legislature postpone, it was agreed to. shall provide by law for the proper carryLEAVE OF ABSENCE. ing out by law of the objects of this provision." Mr. TURnELL asked leave of absence for Mr. Long for a few days, which was MAYORS' COURTS. granted. Mr. PUGHIE offered the following reso- PURITY OF ELECrIONS. lution, which was referred to the CornMr. STRUTHERS offered the following mittee on Judiciary: resolution, which was referred to the Resolved, That the Committee on the Committee on Legislature: Judiciary be instructed to inquire into Resolved, That the Committee on Lethe feasibility of inserting a clause in the'slature be requested to report an article Constitution, that whenever a city has a or section providing for the purity of mayors' court, and contains less than or section providing for the purity of sixty ohoursa, inhanitants, said mayorsn elections, and guarding against corrupt sixty thousand inhabitants, said mayors' pa t court shall be presided over by the pres- practices in all departments of the govident judge, or a law judge of common feiture of office, under penalty fine and imprispleas of the county or district. feiture of office, and by fine and imprispleas of the county or district. onment. FREE SCHOOLS OF SCIENCE. LEAVE OF ABSENCE. Mr. vPUGE o-ffered the following reso- Mr. COCHRAN asked leave of absence lution, which was referred to the Com- for himself for a few days, which was mittee on Education: Resolved, That the Committee on Edu- g cation be instructed to consider the ex- AIJOURNMENT TO MONDAY. pediency of establishing free schools in Mr. DAVIS offered the following resoluthe mining districts for the study of gedl- tion, which was twice read: ogy, chemistry, mineralogy, mining and Resolved, That when this Convention engineering, and the scientific ventilation adjourns, it adjourns until Monday next, of mines. at eleven o'clock A. M. CONSTITUTIONAL CONVENTION. 481 Mr. HxMP:RIIJ'. I move to strike out ABSEN-T on NOT VOTING. —Messrs, Adall after the word "resolved,' and in- dicks,Ainey,Andrews, Armstrong, Bardssert the following: "That until other- ley, Brown, Carey, Church, Cronmiller, wise ordered, the Convention will not sit Dimmick, Dodd, Edwards, Fell, Fulton, on Saturdays," Gilpin, Gowen, Hall, Hopkins, Lamber1Mr. JOHN iM. BAILEY. Mr. President: ton, Landis, Long, MacVeagh, Niles, PalI rise tou point of order. Under the rules mer, H. rT., Parsons, Porter, Purviance, adopted by the Convention the amend- John N., Ross, Sharpe and Van Reed-30. ment should lie upon the table for one Mr. ALRICIKS. I move to amend the day. resolution, by inserting the following The PRESIDENT. The point of order is after the word "resolved:" "That this raised that this amendment involves an Convention meet on Saturday from ten alteration in the rules of the Convention. A. M. to one P. M., and oneMonday from The hour of adjournment is not embodied six P. M. to nine P. M., until otherwise in a rule of the Convention, but is merely ordered." an order of the Convention, and can be The amendment was not agreed to. at any time changed by a majority vote Mr. LITTLETON. I move to lay the thereof. resolution on the table. The motion was not agreed to. The question being taken on the amendOn the question of agreeing to. the resoment, the yeas and nays were required lution, the yeas and nays were required by Mr. Corbett and Mr. Alricks, and were as follow, vz: by Mr. Corbett and Mr. Kaine, and were wcvere as follow, viz: as follow, viz: YEAS. YEAS. Messrs. Baker, Bannan, Bartholomew, Messrs. Baker, Bannan, Bartholomew, Biddle, Boyd, Brodhead, Broomall, Beebe Biddle Black J. S., Bowman, Buckalew, Cassidy, Clark, Corson, Cuy- Boyd, Brodhead, Broomall, Buckalew, ler, Davis, Elliott, Ellis, Ewing, Fin- Cassidy, Clark, Cochran, Corson, Curry *ney, Funck, Gibson, H anna, Harvey, Curtin, Cuyler, Dallas;. Davis, Dunning, iHemphill, Heverin, Hunsicker, Lear, Elliott, Ellis, Funck, Gibson, Hanna, Lilly, M'Camant, M'Ciean, Metzger, Pal- Harvey, Hemphill, Heverin, Hunsicker mer, G. W., Pughe, Read, John R., Rey- Lear, Lilly, M'Camant, MIClean, Mott, nolds, S. LH.,Rooke, Runk, Simpson, Stan- Newlin, Palmer, G., W.., Patton, Pughe, ton, Wetherill, J. M., Wherry, Woodward Reynolds, James L., Reynolds, S. H., alnd XWorrell-41. Rooke, Ross, Runk,, Simpson, Smith., NAYS. Henry W., Stanton, Struthers, Temple, Wetherill, J. M., Wherry and Wood — Messrs. Achenbach, Alriclks, Baer, 3aily, (Perry),Bailey, (Huntingdon),Barclay, Beebe, Black,Charles A..Black, J.S., NA Y S Bowman, Campbell, Carter, Cochran, Messrs. Achenbach,Alricks, Baer, Baily,, Collins, Corbett, Craig, Curry, Curtin, (Perry,) Bailey, (Huntingdon,) Barclay,. Dallas, Darlington, De France, Dunning, Black, Charles A., Campbell, Carter, ColGuthrie, Hay, Hazzard, Horton, Howard, lins,Corbett, Craig, Darlington, De France,. Kaine, Knight, Lawrence, Littleton, Ewing, Fell, Finney, Guthrie, Hay, HazM'Allister, M:Connell, M' Culloch,M'Mur- zard, Horton, Howard, Kaine, Knight, ray, Mann, Mantor, Minor, Mott, New- Lawrence, Littleton, M'Allister, MacCon — lin, Patterson, D. WV., Patterson, T. H. B., nell, M'Culloch, M'Murray, Mann, ManPatton, Purman, Purviance, Sam'l A., tor, Metzger, Minor, Patterson, D.. AT.,, Reed, Andrew, Reynolds, James L., Rus- Patterson, T. H. B., Purman, Purviance, sell, Smith, H. G., Smith, Henry W., Sam'l A., Read, John R., Reed, Ancew;, Smith, W. H., Stewart, Struthers, Tem- Russell, Smith, H. G., Smith, W. H., pie, Turrell, Walker, Wetherill, Jno. Stewart, Turrell, Walker, Wetherill, Jno, Price, White, David N., White, Harry, Price, White, David N., White, Harry, White, J. W. F., Wright and Meredith, White, J. W. F., Worrell, Wright and President-62. Meredith, President —53. So the amendment was rot agreed to. So the resolution was not agreed to. 31 482 DEBATES OF THE ABSENT OR NOT VOTING.-Messrs. Ad- be occupied by public business, will be dicks,Ainey, Andrews, Armstrong, Bards- the length of their session, $700 will be ley, Brown, Carey, Church, Cronmiller, ample compensation therefor. Dimmick, Dodd, Edwards, Fulton, Gilpin, As to their having annual sessions after Gowen, Hall, Hopkins, Lamberton, Lan- the expression of opinion here in favor of dis, Long, MacVeagh, Niles, Palmer, IH. biennial sessions, I think we may safely WV., Parsons, Porter, Purviance, John N., conclude their meetings will not be as Sharpe and Van Reed-28. frequent as they have been hitherto, and, LEAVE OF ABSENCE. with their reduced duties, $700 will be Mr. M'CLEAN. Mr. President: I ask sufficient pay for the members of the leave of absence for myself for a few days General Assembly. Indeed, I would reduce it below $700 if I could. I would like from to-day. to see the time when we reach the posiLeave was granted. tion now occupied by the British ParliaCOMMITTEE OF THE WHOLE. ment, who receive no compensation for The Convention then proceeded to fur- their services. That a man would go to ther consider, in committee of the whole, the Legislature to make money is somethe report of the Committee on the Legis- thing abhorrent to the idea of honorable lature, Mr. C. A. Black in the chair. people. If their salary is to be held up THE LEGISLATIVE A~RTICLE. as a prize, by making the sum as high as $2,000, it will turn every man's attention The CHAIRMAN. The matter under to this subject, and we will have as much consideration in committee of the whole to this subject, ad we will have as much effort made to secure seats in the Legiswhen it last rose, was the twelfth section, lature as there is now made to get into and the question before the committee is l the amendment of the gentleman from public places here in Philadelphia. I therefore trust that, with the iron-clad Philadelphia (Mr. Fell) to the amend- and brimstone oaths ha we intend to ment of the gentleman from Allegheny, (Mr. Howard,) to strikeout "$2,000" and provide on the subject, the Legislature will be confined to proper subjects of legislation, and that we will not be troubled Mr. FELL. Mr. Chairmnan: I wish to with sessions lasting more than sixty or say a few words in defence of what may say a few words in defence of what may ninety days. That is the full limit necesseem like an illiberal amendment-a mosary for the Legislature to sit, for in that tion o strikeout 2,000 and put in 700. In time everything can be done that ought to the first place, I will say that in regard be done, according to the provisions on be done, according to the provisions on to the amount of $700, my friend, the gen- the subject that we are now perfecting. tleman from York, (Mr. Cochran,) tells us that that is about all they are entitled Mr. BOYD. Mr. Chairman: I took octo draw, at any rate at the present time; casion in the remarks I made a few days and if you regard the idea which has been ago to indicate my view of the subject presented here with such force, and which now under consideration. I stated then appears to be received with so much that I would vote in favor of the largest favor, that of biennial sessions, you will sum proposed as compensation for the so reform our Legislature that it will be members of the Legislature. I stated a very pure body, and have a very clear that because I believed that the public, conception of just what it ought to do, by no more than an individual, can expect reason of the curtailment of special legis- to have service rendered honestly and lation. If this idea be carried into faithfully, unless it is adequately paid for. effect, the Legislature will not be occu- I mean by adequately paid for, a sum pied in doing anything except the very that will be sufficient to maintain a man proper business that they. are sent there and his family. Now, sir, I insist that it to perform. I think that everybody will is impossible for a member of the Legislaadmit that $700 will be enough for sixty ture, even for the short session of sixty-or days' work, which will be the time that ninety days, to support himself and those the General Assembly ought to be occu- dependent upon him, with the sum of pied in transacting their legitimate busi- seven hundred dollars. And it is in vain ness. Even considering that ninety days, to expect that always members shall be the extreme amount of time that ought to elected to that body who are able, inde CONSTITUTIONAL CONVENTION. 483 pendent of their pay, to defray their ex- will not have occasion to even entertain penses and support their families while propositions, such as is embodied in the they are engaged in this public duty. act incorporating the Credit Mobilier; I do not propose to occupy the time of and hence I say that is where the relethis Convention by any extended remarks vancy of my argument, and the comnpeon this subject, but rather refer to what I tency of it, come in; that if you pay a have said in the past, and with the view man two thousand dollars (for which I of re-inforcing what I did state the other shall vote when the proposition is preday, I am now prepared, as I think, with sented) for the purpose of preventing this proof that will at least satisfy every man kind of legislation in the future; and if in this body that what I asserted here the the argument which I made the other other day in relation to the history of the day, and am now making, falls short of legislation of this State in regard to the this view, then it goes for nothing, and I Credit Mobilier was substantially correct. shall then be prepared to vote for the And without claiming any egotism, I will proposition of my friend from Philadelhere state that as a rule it will be safe for phia (Mr. Fell) for seven hundred dollars gentlemen upon this floor to believe that a year; but it is for the purpose of remnovwhen I state a proposition in debate they ing and keeping away temptation front may take it for granted that it is about the "third house,' and from the Legislacorrect [laughter.] But when the gentle- ture itself. I trust that any remarks that man from Lancaster (Mr. H. G. Smith) I mlay make upon this subject will not followed me in the debate, I was not in pinch or hurt anybody in this Convention, the hall. I was at that time in the Presi- because I apprehend that if there is a body dent's room, doing there what was fit and that is above suspicion it is this body. becoming to the place, [laughter,] and I The act of Congress, then, was passed knew nothing of the remarks of the gen- on the first of July, 1862. That was the tleman from Lancaster until I saw them first act incorporating the Union Pacific. in print the next morning. I have sought It lay d pomant until July 2, 1864, when the first reasonable opportunity to reply Congress added an amendment to the to those remarks. I understood that the charter, in which they furnished the gentleman from Lancaster did not state money to build the railroad. what he did upon his own responsibility, t ponThe first act of the Legislature, and the but upon the information and upon the main act which has been referred to, will responsibility of a distinguished demo- be found in the pamphlet laws of 18 be found in the pamphlet laws of 18~O, crat, who either was at the time or had been clerk to both branches of the Legis- page 80. lt wil be observed thatthe act first incorporating the Union Pacific latare. In that statement the gentleman declared that the legislation on the part railroad was passed in 1862. In 1860 the act incorporating the Pennsylvania Fiscal of Pennsylvania had no reference what- act incorporatin the Pennis ever to the Credit obilier, and that it Agency was passed. It is true that is two ever to the Credit iobiller, and that it years anterior in date to the incorporation was consummated long befdre the nion of t he Union Paciic, but eeryd of the Union Pacific, but everybody Pacific railroad was thought of, and that th Lknows that long before acts are passed for the Legislature of Pennsylvania, in effect, building railroads, there are certain prehad never legislated in behalf of that cor- parations to be made. The thing is genparations to be made. The thing is genporation. erally conceived long before it is born in, Now, sir, it is always well to come preCongress and in the Legislature, and pared with the documents and with the whilst the Clerk of the House may be, and is a very superior gentleman, the Nosier, sir, according to Poor's Railroad Now, sir, according to Poor's Railroad intellect that guided the pen that framed Mianual on Railroads, we find that the this act was that of one of the first lawyers in the country, because no ordinary man Mr. LILLY. Mr. Chairman: I rise to could, at the suggestion or request of an a point of order. Is it in order to discuss old visionary, sit down and pen such an the Credit Mobilier to-day, or the salary act as this. If this is a skeleton, I would of members of the Legislature? respectfully say that it is the plumpest, Mr. BOYD. If you pay the members of fullest, fattest, roundest skeleton that has the Legislature an adequate sum, they ever yet been created or ordained; and, 484 DEBATES OF THE furthermore, although this was two years that " three-fifths of the directors shall be before, it seems upon its face to indicate citizens of the United States of America," that whoever drafted it had. in his mind's so that it shall not be a foreign institution eye the act incorporating the Union Pacific entirely. in 1862. Section six provides for payment of The purpose of this act is to organize or bonus on the stock and tax upon diviincorporate a company, and to authorize dends, exceeding six per cent. per annum. it as such, "to become an agency for the We all know how the State got the tax! purchase and sale of railroad bonds - Now, then, in the pamphlet laws of that strikes pretty close to the Union Pa- 186, page 97, an act was passed to change cific —" and other securities, and to make the name of the Pennsylvania Fiscal advances of money and of credit to rail- Agency. road and other improvement companies, and to aid, in like manner, contractors "Be it enacted, &c., That from and after and manufacturers; and to authorize the passage of this act the Pennsylvania them, as a company, to make all requi- Fiscal Agency shall be named, instead site contracts, and, especially, to receive thereof,'The Credit Mobilier of America,' and hold, on deposit and in trust, estate, with all the powers, privileges and aureal and personal, including notes and thorities had under their former name, bonds and obligations of States and of il- and be subject to all the restrictions and individuals and of companies and of cor- liabilities to which they were subject unporations."' If that is9 not a little too der the same," approved March 26, 1864. large for the State of Pennsylvania it So you see they got this act passed by would seem to me difficult to know what our Legislature in Iarch, 1864, and in would be too large for such a -Common- July, 1864, they went to Congress and got wealth. the supplement passed, giving them sixteen thousand dollars per mile and forty-;'And also to sell and dispose of them eight thousand dollars per mile, a&., in in any markets in the United States or elsew.here." government bonds. elsewhere." I"SECTION 3. The capital stock shall Now it seems to me that it is plain that be fifty thousand shares of one hundred this Credit Mobilier of America is a Penndollars each,"-which I understand to be Sylvania institution; that it was confive millions of dollars —" and they may cerned in the Legislature of Pennsylfrom time to time increase their resources vania; that it was born there, and then, by borrowing money on pledge of their in February, 1867, further aid and assistproperty, or without such pledge, or by ance was given, as we find in the pamphnew subscriptions not exceeding fifty toou- let laws of 1867, pane 291, in an act apsand shares," thus swelling it up to ten proved February 28, 1867. This is somemillions of dollars. Then what do they thing which,in scripture language, passeth do with this last subscription of fifty thou- all understanding. it certainly does mine, sand shares? "And when new subscrip- but it may come within the range and tions are made the shares may be issued at comprehension of some of the gentlemen par, or sold for the benefit of the holders who are familiar with this ubject. tie shares thereof," so that when they " In every case where the Credit Mocome to issue this additional stock of five bilier of America, a body corporated and millions they may issue it at par, or they established by the laws of this Commnonmay sell it, and in either way the pre- wealth, has heretofore agreed, and shall vious owners of the stock receive the hereafter agree, to aid any contractor proceeds of it.: with a railroad company, by advancing Section four provides that the "' princi- money to such contractor, or by guaranpal office cf the company shall be in the teeing the execution of a contra(cL for the city of Philadelphia, but the directors may buildlng, construction or equipment of a establishl branches and agencies in Europe railroad, or for materials or rolling stock, and elsewhere."' it shall be lawful for the said Credit That is a very extraordinary Pennsyl- Mobilier of America to take such mreavania charter for Pennsylvania consump- sures as will tend to secure the faithful tion! It provides, however, very properly, performance of the contract," &c. CONSTITUTIONAL CONVENTION. 485 That looks to me as if it were to autho- me that it would be an evidence of wisrize the individual who had taken this dom upon the part of this body-a body contract to transfer it to this Credit Mo- assembled for the purpose of reform-to bilier of America. make some provision which will, in a Mr. LILLY. Mr. Chairman: I ask, measure at least, counteract the temptanow, whether that has anything to do tions held out to legislators to disgrace with the seven hundred dollars. our statute books by such enactments. Mr. BOYD. Mr. Chairman: My an- The liberal payment of public servants swer to that is this: — for the performance of responsible public Mr. LILLY. I ask the Chairman to trusts, I feel assured, will be one of the decide it. I do not like to see the time means of accomplishing this purpose, of this Convention consumed with such and therefore I shall vote for the prothings as we do not care anything posed increase of pay to members of the about. General Assembly. As two thousand Mr. BOYD. Mr. Chairman: I will dollars per annum is the maximul promise that I shall not be in the way of amount proposed, I shall vote for that the eloquent gentleman occupying the Sum first. floor. Mr. HOWARD. Mlr. Chairman: The Mr. LILLY. Will the Chair decide the subject now before the Convention is, I question of order? believe, the question of the appropriate The CHAIRMAN. The gentleman from fixing of a salary for the members of the Carbon (Mr. Lilly) is out of order. In Legislature; and one question is, whether committee of the whole much greater we shall fix the salary at all, or whether latitude is allowed in debate than in we shall turn it over to the legislitive Convention. I do not see how the chair- bodies to makethat provisionthernse ves; man can interfere in a matter of this and the next is, if we fix the salary, whekind. It is far better to let the debate ther we shall make it a reasonable one, proceed. giving a sufficient amount for the service ir. KAINE. Mr. Chairman: I under- that we expect to be given. stand, in committee of the whole, no gen- I consider this one of the most importtlemnan can be called to order for any- ant questions that will come before this thing except a personal reflection. I Convention, and I think the subject itself understand that to be the rule in com- is well worthy the discussion of its mem-'nittee of the whole. bers. Gentlemen have complained of the The CHAIRMAN. Certainly. The Chair manner in which legislation has been obhas no power over the debate, except in tained at Harrisburg, and what has been case of personal reflection. the principal allegation? It is that there Mr. BOYD. I am exceedingly sorry has grown up in this Commonwealth that the remarks I have made here should great and wealthy corporations; that be unpleasant and unpalatable to any these corporations have used their power gentleman. and their wealth for the purpose of corThe CHAIRMAN. The gentleman will rupting the makers of our laws. I am proceed with his argument. one of those who believe that the more Mr. BOYD. I was going to apologize to poorly you pay a man, the more open he the gentleman from Carbon (Mr. Lilly.) is to the danger of these inflaences. I But I will dispense with it under the cannot, for myself, understand, I cannot ruling of the Chair. satisfy my judgment in any way, upon Mr. Chairman: I have now given a any principle whatever, how it is that brief history of a specimen of legislation gentlemen can rise in this Convention which has been enacted by the Legisla- and say that seven hun:dred dollars is a ture of this State. I question whether it sufficient compensation for the men who has a parallel in modern history. I make the laws for this great Commondoubt whether powers so unlimtited have wealth; a sum that would be disgraceful ever been granted by any legislative to offer to the merest hireling that had body to any corporation. In view of such any capacity whatever. Seven hundred legislation, and for the purpose of pre- dollars I understand to be the figure that venting a repetition thereof, it seems to the gentleman from Philadelphia (Mir. 486 DEBATES OF THE Fell) thinks sufficient pay for the mren men got the miserable compensation of who legislate for this Commonwealth. eight dollars a day, and it took nearly the Would -he offer compensation so misera- whole of it to pay their expenses in Washble to any man that had capacity or integ- ington city. If they had a session of about rity for employment in anything of equal six months their pay amounted to little magnitude or importance? I know he over $,100. They then fixed their cornwould not, Why, sir, presidents of rail- pensation at $3,000. There was a little roads command from ten to fifteen and said by some small politicians, but what twenty thousand dollars; presidents of did the people do afterwards, when Conbanks, and indeed of all sorts of corpora- gross increased the pay of these members tions, command from five to ten thousand. to $5,000 per annurn? Why, they returned dollars per annum. to Congress the same men who had thus We pay the expounders of the laws voted themselves this increase of compenfrom five to eight thousand dollars a sation, and there never was a word of year, and yet we say their salaries are complaint at the fact that they had given not sufficient. But the law-maker is to themselves decent salaries, upon which be paid the contemptible —the miserable, they could support themselves and their beggarly sum of seven hundred dollars, families. It would be much more reaccording to the views of the gentleman spectable to say we will not pay them from Philadelphia (Mr. Fell.) If a man anything at all, and thus put it directly wanted to perpetuate the corruption of upon the question of honor, put it directly which complaint has been made, he could on the principle on which men are elected wish nothing better than that we should to office in our cities. The councilmen of continue to pay cheap salaries so that we our cities and our boroughs have no pay. would have cheap men, and these great What is the result of this no pay plan? corporations could buy legislation at a Do men of worth and character enter city cheap price. I do not know upon what councils for the purpose of serving the principle it is that gentlemen reason, or public upon the principle of pure and how they can expect that men will disinterested patriotism? Why, we have abandon the walks of private life to only to: look to the city governments serve the public in this special business throughout the length and breadth of of making laws for nothing, or next to this land, to see that they are rankling nothing, for their trouble. You do not with corruption, and that, too, under the ask men to do it in the cases of the policy ofnopay. Verywell; then, if you sheriffs of your counties; you do not ask do not give enough pay, you exclude a them to do it as prothonotaries'of courts, man who is honest, if he is not rich. On as recorders, as judges. You ask them this principle Sou exclude every lan to do it in nothing else except in the who has not wealth enough to take upon making of laws-the most important of himself this position, because, in the case all the functions that a citizen can be of a wealthy man, if the salary is not sufcalled to perform. ficient, he can supply the deficiency out of his private means. Or you must give I maintain that we can never expect to of his private means. Or you must give elevate the character of our legislation it to scoundrels, who are willing to steal elevate~ the character of our legislation unless we -pay a salary sufficient to commnand the talent and the services of hon- about that proposition. Men of wealth orable and highminded men and to - ust take this position, who are able to orable and high-ninded men, and to insupport themselves from their private duce them to leave their professional or other pursuits and take upon themselves means, or you must give it to the rogue who is willing to say: "I will take no the business of rmaking our laws; and to do that the public ought to be illig to salary," or, " I will take a salary so low pay themt. It is the highest economy to that no honest man can live on it, because pay a liberal salary. " But," some gen I know that I can make up the difference pay a liberal salary. "But," some gen- and make both ends meet before thegend tlemen say, " the people would vote down and ake both ends meet before the e the Constitution if you were to establish reasonable salaries for these members." This, sir, is a very serious matter for the I say, sir, that is not the fact. We all re- people of this Commonwealth. For my member that a few years ago Congress- part I am not willing to trust it to the CONSTITUTIONAL CONVENTION. 487 Legislature, because, if it be true, as Mr. MWOODWARD. Mr. Chairman: I stated, that the Legislature has been cor- want to ask the gentleman a question berupted, year in and year out; that there fore he takes hisseat. I understand from have been influences brought to bear the gentleman's argument that one of the upon that body by the wealthy corpora- difficulties with the legislators is, that tions of this Commonwealth, these same the corporations buy them up. I would influences will be brought to bear here- like to know at what price he supposes after; and it will be in favor of cheap men the people could secure the purity of legand cheap salaries, in order that they can islators against the approach or the infiubuy them cheaply. ence of these corporations-what figure he would place it at? Let us raise the standard. Let us give a man the means of living. Let us put it Mr. HOWARD. I will answer the geninto the Constitution, beyond the power tlernan in a very few words. The people of these men to control it. If we put it. have a duty to perform in this matter, not in the Constitution, I have no doubt - and that is to fix the compensation of their whatever that the Legislature will be ap- legislators at a reasonable sum, so that proached again, and the same influences it will not be necessary for the members will be brought to bear, and they will not to sell their influence or votes in order to have a respectable salary, in order that make a livelihood for themselves and things may be kept as nearly as possible their families. My answer to the gentleas they are now. man's question, therefore, is, that when the people have done this'they have done I believe, sir, that the people of this their duty, and cannot hold themnselves Commonwealth are perfectly willing to to blame for the weakness or the wickedpay a reasonable salary; and I say to the ness of the avaricious. There will be people that they cannot, in reason, ask weak and avaricious men always, who any man to go to the Legislature, even if will be willing to buy and sell; but the it does not take more than sixty or ninety people certainly should not put their serdays, as some have said, for less than vants in a position where it becomes ne$2,000. Men coming from the rural dis- cessary for them to sell in order to live. tricts might, perhaps, be able to leave That is my answer. their farms for less, but look at the condi- Mr. BIDDLE. Mr. Chairman: Ishall tion of city men and of professional men. vote against the amendment of the genIf a man is engaged in professional em- tleman from Philadelphia (Mr. Fell,) ployment, especially if he comes from a or reasons a little different from city, he breaks up his business; he is those that have been given by the gentleobliged to surrender it, for it is equiva- man from Columbia (Mr. Boyd) and the lent to a surrender, not only for the whole gentleman who last spoke (Mr. Howyear, but there is considerable damage ard.) I agree fully with both these gendone for more than that year. e cannot tlemen that it is a false econonmy to pay thus permit the business whereby he thus permit the business whereby h the representatives of the State a salary earns his livelihood to be disturbed without an equivalent consideration. Hence, live properly. if he is a poor and honest man he is vir- B I ths But I think the whole of this subject tually exceluded from the privilege of rep- ut o i is out of place in a Constitution, and my resenting a constituency in the Legisla- reasons are briefly these: We a ndeture; so that you leave the door open for voring to lay down and frame a rule of vorinl to lay down and frame a rule of all those that are willing to serve and government which shall he permanent help themselves to wahatever they can. in its results, and yet, by introducing I hope, therefore, that this Convention clauses of this kind, necessarily termpowill fix the salary of the legislators, and rary, as the least reflection will show, we at an honest sum-a sum that will be are inviting the people of this Commonreasonable for the services required; and wealth to change it within a very short I hope we will put it in the Constitution, period of time. Now what is the existand not leave it to the Legislature, who ing state of things in regard to this subnay, perhaps, continue without change ject? We have, at this very moment, the present state of things. two different kinds of currency, which 488 DEBATES OF THE have been declared, by the highest tribu- Montgomery, that statements should not nals of the country, to be equally legal. be made upon this floor without due conW'e have a gold currency, and we have a sideration, and I am willing that this paper currency. It is within the recollec- Convention shall judge himself and mytion of every gentleman upon this floor self by the very proper standard which that the period of time is hardly a decade he sets up. I was led to reply to the in which the purchasing power of money sweeping remarks made by him the other has diminished almost half. It is about day, simply and solely because I befair, I think, to say that a dollar of the or- lieved that he had been unwittingly dinary currency to-day has not a higher seduced into making false statements by purchasing power than forty cents pos- relying upon false information. I am sessed ten or twelve years ago; and yet, sure he would willingly bring any baseMr. Chairman, we are undertaking tu lay less accusation even against the Legisladown a binding rule relative to the pay of ture, which has provoked so much adall our future legislators, which can only verse criticism of late years. I am no debe changed by amending the organic law fender of the Pennsylvania Legislature. of the State. I deem this very unwise. I am sorry to be forced to believe and to So far as I have read the legislation of this admit that it has committed many acts Commonwealth there has been no cause which cannot be defended, and not a few of complaint in regard to the salaries that which deserve to be unsparingly dehave been voted for the performance of nounced. Some of these misdeeds may this public service. I challenge any gen- have sprung from errors of judgment7 tleman upon this floor to point to any sys- but there is, unfortunately, too much tem of salaries which can be regarded at reason for believing that corrupt influall as high. That is not the way in which ences have not unfrequently controlled the public funds are wasted, if they are the action of a majority of the members wasted. It is by indirection, and not by of our Legislature, sometimes directly high salaries, because legislators will not and sometimes by indirection. But, face their constituents after voting high while it is true that the moral tone of our salaries. I think, therefore, that it will Legislature has been lowered, it is none be altogether wiser to leave this question the less true that men of both political with our representatives, so that they parties have been found in each branch may be able to make provisions suitable of that body doing battle with all their to the exigencies of the times; but if I might against every form of corruption am privileged, by the sense of this Con- and every species of improper legislavention, to vote, I certainly shall vote for tion. Not a few of the ablest and most something like the amendment of my conscientious members of this Convendistinguished friend from Alontgomery tion have been members of the Legisla(Mr. Hunsicker.) ture, and they are here prepared by exMr. HI. G. SMITE. Mr. Chairman: I perience to aid in reforming abuses would not take utip the time of the com- which have soiled the reputation of the mittee with any remarks upon the suab- State and affected the welfare of the peoject now pending, -but for the fact that ple of Pennsylvania. I am disposed to the speech made by the gentleman from believe that evil, rather than good, is Montgomery (Mr. Boyd) seems to call likely to result from wholesale denunciafor a personal explanation on mv part. tion of the Legislature by members of The other day he boldly made the specifid charge that the Credit Mobilier com- Acting in strict accordance with the very pany, which has involved so many mem- proper rule laid down by the gentleman bers of Congress in its meshes, and from Montgomery, I endeavored to corcaused every honest American to blush rect the mistakes made by him the other at the shameful recital, which is being day. I fully agree with him that allegadaily doled out purchased privileges fromn tions should not be made upon this floor the Pennsylvania Legislature, which the without a careful examination of the basis Legislature of New York had refused to upon which they are founded. I am glad grant for a sum of money six times to see that he has taken the trotbleto look greater. I agree with the gentleman from up the record of the Credit Mobihler corn CONSTITUTIONAL CONVENTION. 489 pany, and I am only sorry that some de- under consideration was passed through fect of judgment prevents him from per- our Legislature with comparatively little ceiving that the documents which he has difficulty, because it was regarded as the produced completely substan tiate my ver- harmless vagary of a visionary enthusiast. sion of the matter. He has shown that I It is not to be wondered at that the attempt was mistaken in the single unimportant to carry out the projects contemplated by statement that the original title of the the charter proved a complete failure. company was the Credit Mlobilier, after- That the charter and the books of the conmwards changed to the Pennsvlvania Fiscal pany were stolen, carried over to New Agency. The fact that it was first styled York and sold to the pressnt managers of the Pennsylvania Fiscal Agency, and the Credit Mlobilier is a well ascertained afterward entitled the Credit Mobilier of fact. Nor is this any reason to doubt the America, does not invalidate any of the story related to me by the man who framed material facts adduced by me. The gen- the charter, in regard to the subsequent tleman has shown that the charter was value of the stock of the original company, granted by our Legislature in 1860. Had which he sold for an insignificant sum. the building of a railroad across the conti- There are gentlemen upon this floor connent by government aid been conceived of versant with the passage of the charter then? Why, sir, such an idea had not been referred to, and they will bear me out in broached atthat time. The changein the the statements I have made. The Conname of the company was sanctioned by vention will pardon me for taking up a our Legislature in March, of 1864, months few moments in this explanation of a mnatbefore the act authorizing the building of ter which has assumed a national importthe Pacific railroad was passed by Con- ance in consequence of the great scandal gress; and this swindling Credit Mobilier that has sprung from the transactions of was not organized within the Pacific rail- the Credit Mobilier company, which was road company for some years after that- eventually constructed under a stolen not, I believe, until 1867. The truth is charter. that the charter, which was stolen from In reference to the subject, immediately Philadelphia and sold in New York, was under consideration, I have only a few passed through the Legislature of Penn- words to say. I am disposed to agree sylvania without corruption and with lit- with the gentleman from Philadelphia, tie opposition. It was drawn by a gentle- (Mr. Biddle,) who has just taken his man now living in this State, from whom seat. It will be so difficult for this ConI have the facts as 1 state them, a gentle- vention to fix the compensation of all the man who has had great experience in such salaried officers of this Commonwealth business. No man knows better how to for half a century in advance, that it is draw a charte?, and no one has had more safe to presume no such attempt will be experience in legislative management. made. If the Legislature is left to an The whole thing was regarded as one of exercise of discretion in any matter of Duff Green's most visionary schemes. this kind, I believe it may be safely The design was to mobilize credit. Like trusted to fix the salary of its members. the French corporation, which was its Members of the Legislature will always prototype, it proposed to undertake and be careful not to do openly that which to aid enterprises of almost every descrip- mlay endanger their personal popularity. tion. Its credit was to be lent to railroads, They would naturally feel less hesitacanals, manufactories and other large en- tion about increasing the salaries of terprises of a speculative character. And other officers than in adding unnecesthis was to be done, not only in Pennsyl- sarily to their own. The eyes of the peovania, but throughout the United States ple will always be directed immediately and in Europe. Agents were to be emr- to this matter, and members of the Legployed to scrutinize new projects, and islature will be conscious of the watch such as promised profit to the managers kept upon them. In my judgment, it of this great mobilizer of credit were to be would be best for us to leave the pay of endorsed andaided. Aschemeprojected members of the Legislature to be fixed upon so vast a scale needed a charter of by law, with the proviso that no member the most liberal character, and the one shall receive the benefit of any increase 490 DEBATES OF THE of salary, voted for by him, during his able to remedy. You must restore a existing term of office. If that be done, healthier tone to the public sentiment. and if it be further provided that no ex- Ah, but gentlemen say ballot-box stuftra perquisites of any kind shall be al- fers can defeat the will of honest people. low ed, I think the action of the Conven- I deny it. If the people will faithfully tion upon this subject would meet the and honestly vote at primary elections, approval of the people and the exigen- and at succeeding elections, the best men cies of the future. of the State can organize a Legislature Mr. ELLIS. Mr-. Chairman: I know that will be above corruption. As to past this is a very important subject. I have Legislatures and the present Legislature, no doubt it is an important subject, but it is well known that there are many in the subject itself there is notlhing that members in this Convention who have particularly incites me to a very earnest represented the State in that body. The discussion of its provisions. Whether distinguished President of this body was, members of the Legislature are to have I believe, at one time a member of the seven hundred dollars, one thousand dol- State Legislature. Running down from lars, or two thousand dollars, is a matter year to year, this Convention is dotted all of no very great consequence. But I over with gentlemen who have been memwill say in the beginning, that I aln in bers of the Legislature, and I may say favor of leaving this question, as the gen- that I, myself, have occupied a seat in tleman from Philadelphia (MSr. Biddle) that body. Lest it may be thought that has suggested, entirely to the Legislature, I speak of it in vanity, I may add that 1 with such restrictions as that members am not specially proud of it. When this votinllg in favor of an increase in salary Convention was suggested, I supposed shall not vote that increase into their that to acquire a seat in this body would pockets. I have listened this morning, bea distinguished honor, but I have since as I have listened upon several other experienced that, in this case as well as mornings, with considerable interest to in many others, " distance lends enchantthe discussion touching the qualities of ment to the view." the members of the Legislature of the But, sir, I have listened to an expresState of Pennsylvania. There has been sion of sentiment on this floor which, I a great deal said that I think was not think, by no means does credit to aduttered in very good taste, to say the vanced humanity. We should practice least of it.'This Convention has been those virtues, for the absence of which called together by a decree of the Ljegis- we abuse the Legislature, and first and ]ature. The Legislature is composed of most important of all would be that of men taken from the body of the people charity. We have almost, without exof the State, and everything that has ception, denounced, in the strongest lanbeen said in regard to this article under guage, our fellow-men, members of the discussion has seemed to treat members Legislature; and one gentleman, in the of the Legislature as if they were a dif- importance of his position, asserts that ferent class of people from ourselves. I the members of the Legislature should regard this as a very grave error indeed. be tied down by organic law, because If the Legislature is regarded as an evil, they are the servants of the people, and the less frequently its sessions can recur we are to do this because we are the counwill be for the better. It is a sorry period in sellors of the people. Why, we are more our history, when those whom we select the servants of the people than are the to make our laws must be regarded with members of the Legislature. Our duties suspicion. If we cannot elevate the. are circumscribed, defined and limited standard of public morals and senti- in the utmost degree. The very existnment to such a decree that people will ence of this body is brought about by the send good men to the Legislature, then act of the people, and I maintain that representative government will prove a there is no vital force in anything we do, failure. This great evil of a corrupt Leg- until the people breathe life into it. N'ot islature lies far deeper than all the mere so with members of the Legislature; forms or expressions of law that you they have the power to pass a law which may put into the Constitution will be takes from you your liberty and your CONSTITUTIONAL CONVENTION. 491 life, if you violate that law. We have no on the presentation of his report he said such powers. Their powers are pre-emi- that he had been careful to keep within nent to ours. We are no better than they the bounds of constructing such a general are, even if you come to the question of form of governm ent as would protect the weighing in the balance our virtue with liberties and rights of the people against theirs. the encroachment of Executive and le(isI say this much for the purpose, if pos- lative power, and yet at the same time sible, by my weak protest, to stem this leave to the Legislature that which procontinued denunciation of another body perly belonged there. Yet here,inthevery of men sitting at the same tim-ne with us twelfth section of his report, we have a proin this State. No good can come from it. vision which is purely legislative, and N'one whatever. And when gentlemen which has always been legislative; and get into the zeal and warmth of eloquence, can this body o one hundred and thirtyand call on Almighty God to help us three members, about one-fifth of whom through with the work of tying down the are constantly absent, say, to-day, what hands of these rascals in the Legislature, will be the proper compensation for a SenI cannot, for the life of me, understand ator or Representative in the General Aswhy these feelings must be exercised sembly in ten or fifteen years to come? upon this, floor, in order that we may do I therefore consider this a highly imour duty. I am in earnest in this, be- portant question, and I believe that the cause it is a very important matter, if we amendment which I offered yesterday expect our labors to be useful and prQfit- would have been carried had it not been able, and to be adopted by the people, injudiciously slaughtered by one of its we should avoid exciting these warm feel- friends, the gentleman fromn Chester, (Mr. ings, and these antagonistic feelings in Hemphill,) and by others, who argued the State. Let us calmly and deliberately that this was not the proper place for the act upon our duties, mature well our consideration of this section, in which I work, and avoid these profitless charges partly agreed; but, inasmuch as it is here, against our fellow-men. What the Credit and inasmuch as there are amendments Mobilier has to do with this body I can- pending to fix the salary at $700, at $1,200, not understand. When it had its begin- and at $1,500, and as there will be various ning, and when it shall have its ending, other sums named as the consideration is something with which I cannot under- goes on, I think that now and here the only stand this body has anything to do.- way in which this question can be properly These, and kindred subjects, I think it reached would either be by the motion of well to leave where they properly oelong, some gentleman who voted against the and out of this discussion. amendment yesterday to restore it by a Mr. HUNSICKER. Mr. Chairman: I con- motion to re-consider, or, as I know there sider this the most important question is no middle ground left, that every genwhich has yet been presented to the con- tlemnan who believes that this is a Constisideration of this body, and I shall there- tutional Convention and not a legislature, fore make no apology for trespassing upon will be compelled to vote against each the time of this Convention. Yesterday amendment as offered, and then vote I offired an amendment which substan- down the section. tially restored the old Constitution in this Has there been any reason urged here respect, with the limitation that the Leg- why we should fix the salary of the merilislature should have no power to increase bers of the Legislature? Has there ever, the compensation of its members during'from one end of this Commonwealth to a representative term, as amended by the the other, been a single complaint that gentlemen from Columbia (Mr. Bucka- the Legislature ever abused this power of lew.) It is important, because it is the itself determining the compensation of its entering-wedge to a decision whether this own members? "Oh, but," they say, "it Convention shall be a legislature or wheth- makes them unpopular to vote themselves er we shall be a body to revise and amend high salaries!" Not at all. The very genthe organic law. And I am only sorry tleman upon my left, (Mr. Howard,) who that the chairman of this committee is not says that members of Congress voted to in the hall, for when he made his address increase their pay to $5,000 a year, knows 492 DEBATES OF THE that it did not create a ripple on the sur- honorable one, to distinguish themselves face of politics. in the legislative halls of this Common - Another reason against this proposition wealth, are they to be proscribed, are is that it is an innovation. It is not every their salaries to be so cut down that they innovation that is for the better. This is cannot'maintain a respectable position as an innovation, and in fact it is starting out representatives at the State Capitol? Are in legislation. Let it be where it belongs. they to be pushed aside when they come Let the Legislature fix its own pay, and in contact with that class of people who if it is understood by the people that their will serve for nothing and find themrepresentatives have unduly paid them- selves? Rather would I desire that a selves out of the public treasury, then it poor and respectable man should, by a is in their power to retire such men from reasonable salary, be able to maintain a public life, and send to the General As- respectable position at the Capitol of the sembly in their places men who will soon State. Do we not know that men who repeal such a law. There is no mischief have this ambition, men who have this to remedy, and therefore, under the pre- desire to distinguish themselves, and sent attitude of this question, I shall vote who would make honest and capable against all the amendments and against legislators, would be unable on a small the section. salary to maintain themselves and their Ir. BEEBE. Mr. Chairman: I shall families in a respectable position; and is detain the Convention with but a few re- it not equally apparent to every member 1marks. I am too ill, and I suppose the:ere, that corruption is forced upon a Convention will be glad of it. But I Legislature that does not receive adew-ish to put myself right on the record quate compensation? If it be true that members of the General Assembly have in this matter and express my decided tembers of the General Assembly hav conviction that an increase in the;t3ry taken bribes, and that corruption has e salary reached the Legislature of this Commonof the members of the General Assembly is a wise and proper thing for us to do. I tealth,it is because thepeopledonot have listened carefully to the suggestion give them sufficient compensation to enof the gentleman from Montgoer ( able them to honestly maintain that posiofllnnsiher,) in regard to our actinm ir tion of respectability which is i equired~of Htunsicker,)Jin regard to our acting in a legislative capacity. I respect the force a ember of the Legislature of Pentsyl of that suggestion, but still I would like to act upon this section foronesinglesay, using a familiar illustration from the to act upon this section for one single Bible —and when I commence quoting reason, which seems to be better than Scripture I am very apt not to get it corany other which has been suggested rect, but the idea is, that a iman who here, and which is this:'Were the saladoes not look after his own household is ries of members of the Legislature inworse than an infidel. The necessities creased it would have a legitimate, conof the representative's household may servative effect in calling to that body a bettern aperhaps be urged as a justification of better and purer class of representatives. Hitherto the Legislature has not in- many things which have been done in H~itherto the Legislature has not increased the pay of its members. While the Legislature. the representatives have looked to their Now, sir, these are briefly the reasons interests in other respects, their love of why I shall vote for an increase of salary ambition, their anxiety for power and for the members of the Legislature of distinction, has led them to fear that the thins Commonwealth. I believe that when people might not approve an increase of the people call upon gentlemen to assume their compensation and therefore their positions of trust and responsibility that salary has always been small. they should award them compensation, But this increase of salary would give certainly in some degree proportionate to us better mien. I wish to draw no invid- the duties of the office so assumed. And ious distinction, but there is a class of I will cheerfully vote, Mr. Chairman, foi men. men like Abraham Lincoln, if you the highest sum that has been named in choose, and Stephen A. Douglass, entirely this committee. I think that $2,000 is self-reliant, self-made and self-educated. scarcely adequate. I would prefer to fix If such men have the ambition, and it is an "the salary of the members of the General CONSTITUTIONAL CONVENTION. 493 Assembly at $2,500 a year, believing that his home he should be amply paid for it, sum none too large. I am ashamed of and yet 1 atn afraid that if this largest this Commonwealth, with its wealth and amount is fixed too high, it may be a glitwith its resources, that this compensation tering object that willl attract the attention hasnot beenirincreased beforethis. Ithas of the corrupt, the scheming and the vibeen well remarked, that we can bettor cious. to-day afford to pay ten dollars than we I believe in the report of the colimitcould afford to pay one dollar twenty tee. I take the middle ground. I think years ago. I am ashamed of the great that seven hundred dollars is hardly sufState of New York, referred to by the ficient, and that two thousand dollars is gentleman from Chester, (Mr. Darling- rather too much. I have faith in the reton,)-the Commonwealth first in numn- port of the committee. I believe they bers in this Union, the Empire State of have thoroughly considered the subject. this continent, which boasts of its wealth A committee who gives its attention to and of its civilization, its proud standing any question, and has thoroughly considand its morality, and yet which sends ered it and reported upon it, as a general mnen to its Legislature without sufficient thing should be followed. I shall stick compensation to properly support them- to the committee, and shall give my vote selves and theirIfamilies-a comnpensation consequently fbr the twelve hundred. that would not pay their board at a re- The compensation now is a thousand spectable hotel. Virtually this is saying dollars. Who ever has heard of a man to such representatives, "steal your way." coining from Harrisburg complaining Is it any wonder that they recognize and that he did not get enough? I have practice that principle? heard no such complaint in ny part of Mir. WRIGHT. Mr. Chairman: I wish the Commonwealth. They are always to make but few remarks upon this ques- willing to go back the second and the tion. In the first place I desire that third term. I am willing to add two whatever sum shall be awarded to these hundred to that amount, and I think the men who make our laws shall be incor- report of the committee should be susporated in the Constitution. lt will then tained, and the sum be fixed at twelve be free frorn being tampered with. It wrill hundred. be known before a Iman runs for office Mr. PURMAN. Mr. Chairman: I think it what he is to have, and it cannot be is quite proper that there should be a limnichanged by anly corrupt practices. tation placed in the Constitution as to the It has(been truly said, that in the past salaries of members of the Legislature. the Legislature never abused the power But what should be the character of that which was entrusted to them, of fixing limitation? Should we say that the salary their pay. We cannot answer, in these should be seven hundred dollars, one progressive days, for the future. If we thousand dollars, or two thousand dlollook around us upon our legislative halls, lars, or should we simply limit the power State and national, I think we can come of the Legislature over the salaries of its to the conclusion that men are not always members? to be trusted. I am, therefore, opposed If we fix the salary at a specific sum, it to the idea which has been expressed carries with it the idea of a temporary arhere, that the suam should not be in the rangemnent, and takes away from the Constitution. I am in favor of placing it Constitution one of the features that ought there. to apply to it, namely: A permanent matThen, what amount of compensation ter for years to come. shall a memberreceive? Why,sir,ifwe It is utterly impossible for this Concall upon a man to serve us in the Legis- vention to guess what mriay be the condilature we should give him that amount tion of affairs in Pennsylvania fifteen, of pay that will support h;mself and his twenty or thirty years from this time, or famlily at home. Some men of distin- what may be the purchasing power of guished ability are foreclosed from going the money with which the members of into political life from the fact that they the Legislature will be paid. We cannot are not able so to do. When a man does now tell how much it would cost to sussacrifice his business prospects and leave tain the family of a member of the Legis 494 DEBATES OF THE lature, and sustain a member at the seat dies. I have had my thoughts turned, of government, whether in the city of somewhat, to the power of the, LegislaHarrisburg, or in the city of Philadelphia, ture, and to the manner in which abuses fifteen or twenty years from now; but we have been carried on, if any have existed, can place proper limitations upon the sala- and therefore, I shall take this opportury, so that justice will be done to all. nity of talking for a few moments upon I would suggest that we impose as a this subject. limitation, and the only one, that the ex- Now one of the purposes of this Conisting body should have no power to in- vention is to restrain the power of the crease its compensation, but that it shall Legislature. The Legislature is not to have a right to increase or diminish the blame for the power it has, and for the conmpensation of its successors. The direct power that it has been exercising. The responsibility of the Legislature toits con- people framed the Constitution which stituents is a sufficient protection, a suffi- gave them the power, and the people who cient guard against any abuse of the ex- made the Legislature have called upon ercise of this power, and I suppose if we them, and invoked them to exercise the were to undertake to examine the appro- power that was vested in them. Somnepriation bills for the last forty years, there times,doubtless, they have made mistakes would be few cases of the abuse of the in the exercise of their powers, but I subpower vested in the Legislature in this di- mit, Mr. Chairman, with all due respect rection. and deference to all that has been said, Whether you have the sessions annu- yet like mistakes have often occurred in Wahl or biennially, and whether you have the exercise of power by other tribunals, annual or biennial elections, it can make acting with even greater deliberation. no difference. The same laudable ambi- This has occurred in Pennsylvania, and tion of a member of the House or the Sen- in other States in this Union. Have not ate to succeed himself will still exist, and questions that have been passed upon, when he comes to fix the compensation of been re-opened and re-argued, and the those who are to follow him, whether he former decision reversed in other tribuis to succeed himself or not, he is made nals, as well as in the Legislature of Penndirectly responsible to the people for his sylvania? Of course, Inembers of the Legact. If the Legislature of 1873, for illus- islature are not infallible, and, of course, tration, fix the salary of the members for they make mistakes in their judgment, 1S74, at a rate which the people would re- as to the proper exercise of the power gard as exorbitant and unjust, they would vested in them. And I will add, that I return members pledged to reduce this have not the slightest doubt but that this salary. In other words, put the limita- has often occurred in matters where there tion, if you put any, upon the power of was not a particle of impure motives, or the body to vote an increase of compen- any unrighteous or unjust means applied sation to the existing body, and trust them to any of the members of the Legislature. as to their successors. They have been again and again appealed I know, Mr. Chairman, it has been said to, and invoked by their constituents to here that the Legislature cannot be trust- exercise the power which exists in this ed, and that its members have done a body, and in such exercise have made great many things to bring their charac- great mistakes I have no doubt of it. ters into reproach. A discussion of the That this onvention cannot make ischaracter of the members of the Legisla- takes in the construction of the organic ture may be a little apart from the ques- law, I suppose will not be claimed. We tion direct y before the committee, but as have been elected by the same people this whole subject has been again and that elects the Legislature. Many of us again referred to, it may not be inappro- have been members of the Legislature. priate for me to say a few words with re- We come here with just the same judggard to the matter. ments, the same merits, and are responHavinr been a member of the Senate, sible to the samne people, as the legislative during the sessions of 1870, 1871 and 1872, I have had some little opportunity of as- Now, Mr. Chairman, what I mean is certaining the practice of legislative bo- this: That it is a mistake in this Conven CONSTITUTIONAL CONVENTION. 495 tion, that it is a mistake in the press, and Now, Mir. Chairman, if there were noththat it is a mistake upon the part of the ing else, policy and taste would be sufpeople to speak of the Legislature, indis- ficient to admonish this Convention to criminately, as a dangerous body. The be measured and prudent in the exprespeople and the pre-s have lowered the sion of opinion in regard to remarks.upon standard of the Legislature and of their the Legislature. And whatever cenown character by so doing, and the press sure ought to be placed upon the Legishas lost the power that it would other- lature, should be upon individuals and wise have in the Commonwealth, for classes, and not on the body itself. The good, by charging the Legislature as a members of the Legislature come directbody with corruption. They ought to-in- ly from the people, return to the people, dicate the men who have gone astray. are mingling with the people, and would They ought to name them. They have be powerful to influence the people against the power and the right, and they ought the action of this Convention if it should to do it, and those men ought to be so determine to act. brought to condign punishment. broughtocondn punishme. Much complaint has been made here I repeat here what I have repeated about the manner in which acts of the upon the floor of the Legislature, that Legislature have been passed, and the there is a class of men who have been at character of those acts. We all know various times in the Legislature, and who that hundreds of local bills have been go there from year to year to lobby, who passed; and at whose instance? Why, ought to be tried for their crimes, coil- sir, committees of each House of the Legvicted and sentenced to the penitentiary, islature have sat in Harrisburg, day in and who ought not at any time to have and day our, fron seven o'clock in the the privilege of the floor, or a seat in the evening until twelve at night, to examine house. But the infirmities of some of these local bills, hearing parties inregard the members, or the infamy of the lobby to them, and passing upon them as their does not make all men, who are or have best judgment would admit. These lobeen in the Legislature, rogues, nor j us- cal bills are always passed at the instance tify the wholesale charge against the of the people, and never on the mere meobody as a body of bad men. I do not tion of the Legislature itself. Are the pretend to say here, nor elsewhere, that Legislature to be anathematized for doing there have not been unworthy represen- what the people has asked them to do? tatives at Harrisburg, as well as in other One of the objects of this Convention is States of this Union, (for I am quite con- to tak e power to pass these local vinced there has been,) but I do under- bills. Let ustake away that power if it take to say, that there have been as good is an.ilprop erpower. If thpeoplehave men in the Legislature of Pennsylvania, invoked the exercise of it to their own as ever graced any position in the Com- injury, take it away. But do not abuse monwealth, and the history of the Corn- the Legislature for using the power placed imonwealth will bear me out in vwhlat I in their hands by the people, and exerhave said. cised at the instance of the people. Why, The distinguished President of this sir, the courts occasionally make mistakes Convention is a living example of the in the exercise of their power, and someability and of the purity of the former times make erroneous decisions, decimembers of the Legislature. The dis- sions unavoidably harsh, or decisions that tinguished gentleman who sits upon my may seem, perhaps, to require legislative right (Mr. Buckalew) is another living correction, and resort is sometimes had to example of the ability, of the integrity the Legislature to correct the judgments and the character of tae Legislature of pronounced by the court. That does not Pennsylvania. I trust, Mr. Chairman, I necessarily affect the character of the will not be regarded as invidious by re- members of the court, or the other deciferring to these gentlemen. There are sious of the court. Its action or decision other living examples, (yourself among may have been correct under the law as the number,) equally worthy, who have it then stood. It only shows that the neoccupied seats in the Legislature of Penn- cessities of the times demand a change in sylvania. the law, and that such changes as the 496 DEBATES OF THE times or the people demand does not For myself I do not care whether a spenecessarily reflect discredit on the Legis- citic sum is stated or not, or whether we lature or the court. shall merely say that members of the The same may be said of special legis- Legislature may receive a sum to be fixed lation. The members of the Legislature by law; but I desire to have it so fixed do but the bidding of their constituents. that it cannot be increased by any other In these days of railroad and easy travel, allowance or perquisite, as in the report Harrisburg is flooded on Monday even- of the committee. With that idea inings with the constituents of members, grafted into it, I am in favor of it. We from county after county, demanding this may fix a stated sum, as now, and give special or that local law; and if the mem- the Legislature the power to amend, but bers did not advocate and pass these in such a way as not to affect the salaries measures, not a man of them would ever of ernbers then voting so to amend. return to Harrisburg as a representative That, I think, would be fair, and at the of the people. They must obey the will proper time I would move to amend it of their constituents. Their constituents that way. are the people; and it is the people that Mr. MANTOR. Mr. Chairman: I do not have brought this evil of special legisla- propose, in the few remarks I may make tion into existence, through their repre- at this time, to debate the question of the sentatives. When, therefore, we de- Credit Mobilier, where it had its orinounce the Legislature, we merely de- gin, or under what name it may have nounce the people-the same people who commenced its frauds, for, suffice it to sent us here, and who created this Con- say, it now stands before the tribunal of vention. public justice, and will receive that conI shall not consume the time of the Con- demnation it so justly merits. What I vention any further on this subject. I propose to do is, to ask some questions repeat, however, so that the mind of the and give some reasons for sustaining the committee may be re-called to the point views I have, on this question of compenreally before the Convention, that, in my sation for future legislators. judgmrent, it is proper that the Conven- I presume these questions can be antion should put limitation upon the pow- swered by at least forty gentlemen on er of the Legislature over the salary of its this floor, for there are not less than that members, but should not undertake to fix number of gentlemen in this Convention the sum-limit their power so as to take who have had the honor to sit in one or away fronm them the power to increase the other branch of the Legislature of this their own compensation, sb that the ex- Commonwealth. isting body can never increase their own In looking over the record of the actions compensation, of our Legislature for years gone by, I Mr. ANDREW REED. Mr. Chairman: I think there will be little found in it indiam in favor of the report of the commit- cating trespass, in the respect of salary, tee; but I am in favor also of having it upon the people's rights. A w yearsago amended, so that the Legislature may the Legislature received only three dolchange its salary, if it does not thereby lars per day, for a session of one hundred affect the salary of any members of the days, and for any further days of session then existing Legislature. That amounts the sum of one dollar and a half per day. to pretty much the same thing as the We have gentlemen here with us on this amendrment of the gentlemnan from Mont- floor who, for seven years, occupied seats gomery (Mr. Hunsicker.) I was in favor in the Legislature of this Commonwealth, of the main idea of this amendment, but who received the small con.pensation of was compelled to vote against it, because three dollars per day. They found that he moved to strike out a clause that I that amount was not sufficient to pay wanted retained. That is this: "And no their expenses, and they therefore raised other allowance or perquisite whatever, it to the bulk sum of five hundred dollars either for expenses or services, whether per year. This again was found insuffias umeumber of any committee, or other cient, and the sum of seven hundred dolduty as member of said General Assem- lars was fixed upon. And, as the war bly." came,on, prices advanced, and it was CONSTITUTIONAL CONVENTION. 497 found necessary to increase the compen- men who do the work of legislation for us sation to one thousand dollars a year, in this Commonwealth. where it now stands. whereitnow stands. Mr. SImIPsoN. Mr. Chairman: I do I appeal to any gentleman on this floor not propose to play the role of the man in to tell me wherein will be the advantage the New York Legislature who, when a if we here take from the Legislature the bill was before that body proposing to right and privilege which they should restrict the limits of the wharfingers, have, of fixing their own compensation? got up and said he knew all about that This matter has thus far been trusted class of men; that they were a great set to the Legislature, and they have not, to of scoundrels; "and," said he, "1 know my knowledge, violated the honor and this to be so, because I was one, myself, trust thus reposed in them. for twenty years." Therefore I shall vote, when the ques- I have had the honor of being in the tion comes before this body, first, to sup- Legislature of this Comllonwealth, and port the report of the committee, and sat there at the first session that fixed the when this shall have been done, I shall annual compensation of nlembers, and fall back upon my rights, and think it voted in that body for that bill, although would be much better for this Conven- I was threatened on all sides that it tion to leave the question just where we would prove my political destruction if found it, in section eighteen, of the old I dared to vote for it. Constitution. Up to and including the session of 1854 I am aware, sir, that special legislation the pay of the members was, by law, will receive, at the hands of this body, a $3 00 per day for one hundred days, and death blow; and when this has been done, $1 tO per day for any time beyond that. the Legislature of this Commonwealth If you will examine the legislative apwill not be called upon to sit for over two propriation bills, you will invariably months, perhaps, at one session. If we find that, although the law allowed $3 00 put the sum at $1,200, it will be $600 for per day for only the one hundred days, every month's service. This will give hey got $3 00 per day, right along, for gentlemen aliberalcompensation for their every day they sat, no matter how long services. it mnight be. If they sat just the hundred I an aware, too, that while many thrusts days, or less, they got their $3 00 per have been made at the Legislature of this day. If they sat for more than the hunCommonwealth, yet, sir, in my belief, dred days, they got $3 00 per day for the that body has never betrayed the trust time after as well as before the expiration reposed in them by the Constitution un- of the legal limit for that figure. On the der article eighteen, nor do I believe they principle that the Legislature was not will. The gentleman fromt Philadelphia bound by an act passed by its predeces(Mr. Fell) has offered an amendment to sor, regulating such matters, they got the amendment, to the effect that $700 their $3 00 a day every time. ought to be the sum paid. That sum I The session of 1855 comrnenced on the think altogether to!) small. In all nmy second day of January, and terminated business intercourse with rnen I have on the eighth day of May, having been always found the better service done by a session of four months and seven days. him who is, comtparatively speaking, best When I had footed up all the bills, and paid. I think this sum entirely too sitmall, paid all my expenses, and supported my and I think that must be the experience faimilv at home on the salary of $500 00 of the gentleman himself, (Mr. Fell,) for and the perquisites, such as Iileage, I know he is a business manr. candle allowance, &c., I had just been I have nothing more to say on this ques- able to make both ends meet. But, tion, only that I believe it is best to de- unlike some gentlemen, I had no outside cide now on this matter; and that in de- expenses to meeL My experience is that ciding I hope we will consider what is $500 00, in 1855, was, in purchasing cabest calculated to secure purity and in- pacity, about equal to $1,000 00 now. I tegrity, and that we will vote to give as have been keeping house all this time; I liberal compensation as possible to the kIiow pretty nearly about how much i 32 498 DEBATES OF THE costs to live, and I know it is now just receive. It cannot be diminished by the about double what it was then. Legislature, and therefore, when he enIf we pass the restrictions on the pow- ters the arena and takes his seat, he knows ers of the Legislature which have been precisely the compensation he is to receive suggested, and which I suppose will be when hegoesthere. Thereis alsoanother done-restricting them in certain direc-I am very well aware that whattions, and preventing a large amount of ever the Legislature does is supposed to be special legislation-there will be no ne- tthe will of the people, becau se its members cessity for the Legislature to be in ses- are elected to serve as the representatives sion for four months and seven days, as of the people; but if we place this proviin 1855. Therefore the salary proposed sion in the organic law the people themby this report- 1,200 00-will be a fair selves, if they adopt the Constitution, will and honest compensation, and that I am have voted directly upon the proposition, willing to vote for. I am not willing to instead of leaving it in the hands of their vote for the amendment of the gentleman representatives to determine the amount. from Philadelphia, (Mr. Fell,) to umake I trust, for these reasons, the two amendit only $700 00, because It will compel ments will be voted down, and the secthe position to be sought only by those tion as reported by the committee will be who can live without it; and my experi- adopted. ence is that there are men, not only in Mr. COCHRAn-. Mr. Chairman: I dethe city of Philadelphia, but all through sire to do what I suppose may be somethe districts of this State-in the mines, what disorderly in this body, and that is on the farms, in the workshops, counting to speak to the amendment which is now houses and places of business —who immediately pending. I am in favor of would honor the Legislature by a seat in the amendment offered by the gentleman it —men who have brains enough to from Philadelphia,'(Mr. Fell,) to fix the know what they are doing as members compensation of members of the Legislaof a legislative body; and if you fix a ture at seven hundred dollars. I do not salary such as that offered by the gentle- think that we are ever likely to return to man from Philadelphia, you keep these those times of primitive simplicity of men from going there, or, going there, which I have somewhere read as existing you place them in a position where they before the revolution, when, it is said, an will be subject to great temptation, to order was made in one of the provincial realize enough from their place to meet assemblies prohibiting the country menmtheir actual expenses, and, for one, I aml bers from eating their bread and cheese unwilling to expose any one to tempta- on the steps of the State house. Nor do I tion to do wrong. suppose that that section which was inI would not, on the other hand, fix the troduced into the Constitution of Pennsylsalary of members of the Legislature so vania in 1776 would meet with a great deal high as to make it an inducement for men of favor in this body, from what I have to become candidates for that body be- heard in the discussion of this morning. cause of the salary attached to it. I It was set out there, as a principle of free would rather adopt a happy mIedium, government, that it was improper arid inand, I think, in making the amount advisable to offer such salaries to public twelve hundred dollars a session we will officers as would draw their attention have reached that end. I trust that the fromn the industrial interests of the State menmbers of this committee will not adopt to its political work and operations. I either of the proposed amendments, but entirely concur in the correctness of this accept the section as it is reported by the wholesome sentiment as a principle when committee. There are other very impor- applied to the circumstances of the times tant reasons why I am unwilling to vote in which we live. It has been said that for either of these amendments. If the the sum of seven hundred dollars is not amount of compensation to be paid to a competent salary for a man to maintain members of the Legislature is placed in himself and his family. If it is to be a the organic law of the State, every man mere question of dollars and cents, so who becomes a candidate for the Legisla- much legislation for so many pennies a ture knows precisely the amount he is to line, the argument is a good one; but if CONSTITUTIONAL CONYVENTION. 499 youintroduceinto the consideration ofthis attached to the position. They were wilquestion another feature, which I think ling to serve in the General Assembly 6f is properly admissible, and introduce this State, because they felt honored in the element of honor as connected with being the representatives of their constitthe position of representing the people of uents, and were able to render some the Commonwealth of Pennsylvania, an public service to the people whom they additional factor enters into the calcula- represented. It is in this point of view tion which should not be entirely forgot- that I favor the proposition of the genten when we are discussing this matter tleman from the city of Philadelphia of compensation. We are not here asking (Mr. Fell.) I believe that all this idea our legislators to legislate by the year, of getting better men by increasing the and to give their entire time for a whole salaries of the members of any repreyear for the purpose of attending to the sentative body is entirely fallacious. We legislation of this Commonwealth. We do have increased salaries from year to year, not ask them to surrender their own busi- and without intending to disparage the ness and occupations entirely during the members of the present Legislature, I time they are public servants. Nordo we apprehend that they are no better in ask them to serve the State with the un- quality than their predecessors, and I do derstanding that we will maintain their not believe, by returning to moderate homes and families during their lives by compensation connected, with the idea of paying them a large compensation for honor attached to this public service, that their services. That is not at all the idea. we shall fail to receive the services of The Legislature requires the performance good men. Aye, better men than many of a public service, in aid of which we call who sit in the legislative hall to-day. citizens in the same manner as we call Believing this to be the fact, I shall vote them to perform many other public ser- for the amendment of the gentleman vices which, in themselves, include no from Philadelphia. honor, and we propose to pay them rea- Mr. CUYLER. Mr. Chairman: At the sonable compensation-a compensation close of a debate so protracted, in which which will enable them to discharge their every gentleman has expressed his views, duties without positive loss, and which I cannot hope that anything I can say will not make the compensation an object will influence the judgment of any of my for covetous or designing persons,who are brethren in the Convention; yet I find not just exactly the class of men, or the myself wholly unable to vote for either of best calculated to represent the people in the amendments which have been offered, their legislative assembly. I recollect the or for the report of the committee. I am time when gentlemen served in the Leg- in favor of an amendment which I proislature of Pennsylvania for three dollars pose to offer hereafter, if these amenda day; but was that a sufficient compen- ments are voted down, which shall cause sation to those gentlemen at any time of this section to read somewhat as follows: their lives? I have heard honorable gen- c" Each member of the General Assembly tlemen referred to, who are members of shall receive a reasonable compensation this body, as having served the people for his expenses and his services in the for that sum with great skill and ability. discharge of his office." I well recollect when the city of Phila- I am not willing to undertake to define, delphia was represented by such men as by an organic law, what the proper comFraley, Shackman and Jacob Gratz in pensation of a member of the Legislature the Senate, and in the House, by George is. I cannot look so far into the future Sharswood, Edward E. Law, William as to be able to discern what the length WA. Haly, Charles B. Trego, and other of a session may be, what the expenses of men of this class, who are either now living may be, or what the condition of living or have passed away. Such men money may be, that would enable me inas these served the State for the sum of telligently to vote to define in the Constithree dollars a day. Was that a suffi- tution what the proper compensation is. cient compensation for their time? Not But I have a reason, which controls my at all; but they considered, I apprehend, judgment, which is back of all that. I anm that there was something of honor which unwilling to descend to anything so piti 500 DEBATES OF TIEl ful,asit seems tome, as to define that comrn- mit the powers of the Legislature; I adpensation in an organic law. If we can- mit the dignity of the position they hold, inot place in our Legislature men whom but I must say that this Convention we can trust with so small a duty as to ought most certainly to ascertain how determine what their proper compensa- much salary every member of the Legistion shall be, I should despair of having lature receives. In this connection I dea Legislature which would command the sire to call thle attention of the members confidence of our citizens. What, Mr. of the Convention to theJournals relating Chairman! Place all the vast and varied to the cost of the Legislature, which have interests of this Commonwealth, present been laid upon our desks. On page sixand prospective, in the hands of the Leg- ty-eight, they will find the appropriation islature, and be unwilling to trust its for the pay of the members of the Senate. members with so small a matter as the It reads as follows: 1" For the pay of mnemdetermining what the reasonable c6mpen- bers of the Senate, including mileage, stasation for their services is? I could un- tionery and extra pay, ~50,274. Now let derstand the objection if I had ever heard us analyze these figures. There are 33 any complaint upon this subject, or if any members of the Senate, the salary of gentleman upon this floor had ventured each, as fixed by law, 1,000 per session, to say that any citizen of the Common- making in all $33,000. Now the mileage wealth had ever publicly complained of and stationery of this Convention amounts unreasonable action of the Legislature in to $10,953, so that if the merlbers of the the amount of compensation they had pre- Senate were allowed the same mileage, scribed for themselves; but I hear, from and the same for stationery, as the mienmthe lips of honorable gentlemen upon this bers of this Convention, there would be floor, the confession of the fact that noth- only $3,000 to add to the $33,000, which ing o0 the kind has ever occurred. Why would make $36,000 against the expendithen shall we provide a restriction for a ture under that item of $50,274. How fancied or imaginary wrong? Why should was this excess of $17,000 appropriated? we attempt to provide against an evil Again, to continue the samle argument, which has never existed, and which no and to look still further into the figures, reason or discernment can see is likely to I ask gentlemen to refer to our Journal, arise in the future? It is for reasons such on page seventy, and they will find that as these, that I find myself unable to vote the cost of the items of pay of members for any provision in the Constitution of the House of Representatives, includwhich shall attempt to define, for all fu- ing mileage tnid stationery, is $152,464. ture time, what the proper compensation In analyzing this account in the same for the members of the Legislature is. If manner we find that there are 100 menmwe cannot trust, in the hands of the Leg- bers of the House, costing the State $100,islature, so small a power as this is, how 000 per session, and if the mileage and can we trust it with the enormous inter- the stationery are based upon the same ests that are to rest there in other behalfs. calculation as the mileage and stationery MIr. J. PRICE WETERIuLL. Mr. Chair- of this Convention, there will be $6,000 to Inan: The chairmlan of the Committee on add to this $100,000. We have, therefore, the Legislature. in leaving yesterday, the pay which every member of the Legasked Ime, as a member of the committee, islature is entitled to receive-$1,000 per to be kind enough to take charge of the terin and a fair mileage, a fair amount for report, and therefore I rise merely to say stationery-which would make $106,000. a word or two at the close of the debate What did they receive? $152,000! Now on this section. I think, from what we I ask the members of this Convention, have heard to-day, that every member of what became of that furty thousand and this Conventiop must certainly be satis- odd dollars? Where did it go? I charge fled that if all that has been said of the no one with corruption. I do not charge corruption of the Legislature is true, that the Legislature with corruption. NVe it would be no inore than proper for us to have had enough o(f that on the floor, I fix exactly the salary which its members think, to-day and yesterday, but when shall receive. I differ from the gentle- we have the figures before us we have a man who has just taken his seat. I ad- right to investigate them. We have a CONSTITUTIONAL CONVENTION. 501 right to see if they are correct, and if they the Legislature, may call an extra sesare not to examine into the cause of this sion, and the Legislature may go on and excess. And here, in the two instances sit two hundred days at $10 a day, which of the yearly expenditure of the Senate will make $2,000 more to add to the $1,200. and House of Representatives, we have a Then the Governor can assemble the Legclear sum in the neighborhood of $60,000, islature the next summer, and they may which I do not suppose a single person sit another one hundred days,or two hunupo)n this floor -can account for. I con- dred days, if you choose, which will add tend, as a member of this body, that this another $2,000 to their compensation, and,is a good reason why we should fix their bring their pay to between $5,000 and pay. That is a good reason why we should $6,000 per term. This, I admit, is not a look carefully into the subject; that it is probable case, but it is possible, if the good reason why every member of this Governor should call them together, and Convention on this floor should desire to they would sit two hundred days at $10 save the State of Pennsylvania the amount a day. of sixty thousand dollars in these two If we adopt this section of the Constituitems. For these reasons I hope that the tion, as proposed by the Comnmittee on sectio n,as reported by the committee, will hse tlonas reported by the committee, will Legislature, we make it possible that the be sustained by the Convention. Governor may call the Legislature toMTr. IAZZARD. 5Mr. Chairman: I was gether to sit three hundred extra days or very glad to hear the arithmetic of the four hundred extra days, and cost the other members of the committee; but it Commonwealth $i,000, in addition to the seems to me that we have all overlooked $1,200, making, as I said before, a possione fact, which may not only involve the ble cost of between $5,000 and $6,000 per loss of $60,000, as the gentleman from member per term. This is possible, and Philadelphia (Mr. J. Price Wetherill) even more. They may appropriate these has estirmated, but of many another $60,- other surns in some mysterious way, and 000. It is proposed that we give these we may lose these $17,000, which have mnembers $1,200 a year, and that in extra been described by the gentleman from sessions we will give them $10 a day. Philadelphia, (Mr. J. Price Wetherill,) Let us, just for a moment, see where such in addition to the $10 a day extra pay. a scale of compensation might lead us. This is simply a sum in arithmetic, unI will admit that it is a mere possibility, der the plain provisions of the section, not at all probable, but it is possible that and I have been waiting for an opportuunder this scale of compensation the Leg- nity to say that the pay of the members islature could very largely increase their at extra sessions should be much less pay. It is now proposed to give a mem- than $10 per day. They should not be ber of the General Assembly $1,200 a year. so paid that the salary would be an inIf he is elected in October he takes his ducement and motive for an extra sesseat in January; his term of office corn- sion. Their compensation should not be mnences, as we have:fixed it, in Decem- over $2 or $3 per day when in extra sesber. He goes to Harrisburg and receives sion, not more than sufficient to pay their his $1,200 at once; for there is no provi- board-bill. sion that he cannot check it out when his Mr. H. WV. S~1TET. MIr. Chairman: I term of office begins in the first winter. do not desire to detain the committee Now, after the members have all drawn Now, after the members have all drawn longer, but I do earestly desire to say a their full amount of pay, suppose they few words uponl this question of legislehave a very short session and go home I do not wish to etive compensation. I do not wish to rewithout finishingS their duties. They withoutfinishing theidutenew the subject of corruption at Harrishave drawn their salaries, held a norlave drawn their salaries, held a nom- burg. Much has been said about the corinal session and adjourned. Suppose, ruption and dishonesty of the Leaislatur~. what has been said here by some, that t the exigencies of the case may de- That subject I do not intend to renew. mand more legislation, or there be an- Mr. Chairman, I am not able to speak other session required to pass general loud, and am not well, so that if it is delaws. What then? Why, the Gov- sire of the committee to rise I have no ernor, in concert with the members of objections. 502 DEBATES OF THE ir. D. W. PATTERSON. Mr. Chairman: IN CONVENTION. I move that the committee rise, report progress, and ask leave to sit again, in The chairmanof the committee of the order that the gentleman from Berks whole reported that the committee had omay have the the ornthe morning, further considered the report of the Corni MI~r. DARLINUvTON. iMr. Ch~airman: I mittee on Legislature, and requested would prefer to leave that to the gentle- leave to sit again. man from Berks. If he desires the corn- To-morrow was named as the next day mittee to rise I am satisfied, but if he pre- for the sitting of the eonmmittee. fers to go on I wish to hear him. Mr. TEMLE. I move that the ConvenMr. H. W. SM3ITH. Mr. Chairman: I tion do now adjourn. would prefer that the committee rise, and The motion was agreed to. mnake that motion myself. And, at one o'clock and fifty-five minThe motion was agreed to, and the tom- mittee rose. The President resumed his ut P. M.,the Conventon adjourned, seat. CONSTITUTIONAL CONVENTION. 503 THIRTY-SECOND DAY. SATURDAY,.February 1, 1873. Resolved, That when this Convention The Convention met at eleven A. AI. adjourns to-day, it adjourn to meet on The Journal of yesterday was read and Monday next, at seven o'clock P. M.; and approved. that hereafter the Saturday session shall be FEMALE SUFFRAGE. from ten o'clock A. M. until twelve noon, and on Monday from seven o'clock P. MI. Mr. EWING presented a memorial from until ten o'clock P. M. citizens of Pittsburg praying for an amend- The question being, shall the Convenment to the Constitution, permitting wo- tion proceed to the second reading and men to vote at elections, which was refer- consideration of the resolution, it was not red to the Committee on Suffrage, Elec- agreedto. tion and Representation. Mr. S. A. PURVIAN'CE presented a simi- LIMITATION OF OFFICES. lar memorial from citizens of Pittsburg, Mr. NEWLIN offered the following resowhich was referred to the same commit- lution, which was read and referred to the tee. Committee on Commissions, Offices, Oath Mr. CARTER presented a similar me- of Office and Incompatibility of Office: morial from citizens of Lancaster county, Resolved, That no member of the Legiswhich was referred to the same commit- lature of any municipal council shall, tee. during the term for which he shall have CRIME AND PRISONS. been elected, be appointed to or exercise any public office or employment whatMr. FELL. Mr. President: I move that the portion of the report of the Board of ever Public Charities relating to crime and SUFFRAGE AND ELECTIONS. prisons, which was laid before the Con- Mr. M'ALLTSTER, from the Committee vention a few days ago, be referred to the on Suffrage, Election and Representation, Committee on State Institutions. reported the following article, viz: The document was so referred. ARTICLE RE, SIGNTION. SECTION 1. Every male citizen of the Mr. MACVEAGH. Mr. President: Is it United States, of the age of twenty-4ne in order to present the resignation of a years, having resided in the State one member? year, and in the election district where he The PRESIDENT. Not at this time. offers to vote two months immediately LEAVES OF ABSENCE. preceding the election, shall enjoy the rights of an elector. But an elector of the Mr. BAER asked leave of absence for a M few days from to-day for Mr. Curry, which State, who having removed therefrom and returned thereto, and who shall have rewas granted. Msr. CORBETT asko~d leave of absence for sided in the election district as aforesaid, Mr. CORBETT asked leave of absence for a few- days from to-day for Mr. J S. Black, shall be entitled to vote after having rewhich was gra~nted. sided in the State six months: Provided, whcMr. MhACVEAG asked leave of absenceg No naturalized citizen shall enjoy the for himself for ask few days frof Meonday rights of an elector until one month shall for himself for a few days from Monday h next, which was granted. have elapsed from the time he becomes a Mr. HOWARD asked leave of absence for citizen a few days froS to-day for Mr. Beebe, on ECTION 2. All elections of citizens shall a few days from to-day for Mr. Beebe, on account of sickness, which was granted, be by ballot. The ballots voted may be open or secret, as the elector shall prefer, ADJOURNP{MENST. and they shall be numbered by the elec Mr. AINEY offered the following resolu- tion officers when received. Each elector tion, which was read: shall write his name upon his ballot, or 501 DEBATES OF THE cause it to be written thereon, and attest- SECTION 10. The Legislature shall proed for him by another elector of the dis- vide by law, that in all elections for ditrict, who shall not be an election officer. rectors and managers of incorporated SECTION 3. Electors shall in all cases, companies, every stockholder shall have except treason, felony and breach or the right to vote, in person or by proxy, surety of the peace, be privileged from for the number of shares of stock owned arrest during their attendance on elec- by him, for as many persons as there are tions, and in going to and returning there- directors or managers to be elected, or to from. cumulate said shares, and give one candiSECTION 4. Whenever any of the quali- date as many votes as the number of dified~electorsof this Commonwealth shall rectors multiplied by the number of shares be in any actual nlilitary service under a of his stock shall equal, or to distribute requisition from the President of the them, on the same principle, among as United States, or by the authority of this many candidates as he shall think fit; Commonwealth, such electors may exer- and such directors and managers shall not cise the right of -suffrage in all elections be elected in any other manner. by the citizens, under such regulations-as SECTION 11. Wards of cities or boroughs, are or shall be prescribed by law, as fully and townships, shall form or be divided as if they were present at their usual into election districts, of compact and conplace of election. tiguous territory, in such manner as the SECTION 5. The Legislature shall enact court of common pleas of the city or county a uniform law for the registration of elec- in which the same are located may direct: tors, but no elector shall be deprived of Provided, All districts in cities of over one the right to vote by reason of not being hundred thousand inhabitants shall be registered. divided by the court of common pleas of SECTION 6. Any person who shall give said city whenever the preceding election or promise, or offer to give to an elector shows the polling of more than two hunany money or other valuable considera- dred voters; and in other election distion for his vote at an election, or for with- tricts, whenever the court of the pi'oper holding the same, or who shall give such county shall be satisfied that the conveconsideration to any other person or party nience of the electors and the public interfor such elector's vote, or for the with- ests'will be promoted thereby. holding thereof; and any elector who ThePRESIDENT. This report has now shall receive, or agree to receive, for him- been read a first time. It will be laid on self, or for another, any money or other the table. valuable consideration for his vote at an Mr. MALLISTER. I move that it be election, or for withholding the same, laid on the table and printed. shall thereby forfeit the right to vote at ThePRESIDENT. A motion is not necsuch election. And any elector whose essary. That will be done. right to vote shall be challenged for such cause before the election officers; shall be MINORITY REPORT. required to swear or affirm that the mat- Mr. J. W. F. WHITE, also from the ter of the challenge is untrue before his Committee on Suffrage, Election and R;epvote shall be received. resentation, made a minority report, SECTION 7. Every person convicted of which was read as follows, viz: any fraudulent violation of the election I do not concur in the report of the malaws shall be deprived of the right of suf- jority of the Committee on Suffrage, Elecfrage; but such right, in any particular tion and Representation, in the following case, may be restored by an act of the particulars, viz: Legislature, two-thirds of each House con- 1. I believe the section defining the senting thereto. qualifications of an elector, and some of SECTION 8. In cases of contested elec- the other sections, might be more briefly tions no person shall be permitted to with- and clearly expressed. hold his testimony upon the ground that 2. I object to requiring each voter to it may criminate himself or subject him write his name on his ballot, because it to public infamy; but such testimony will destroy the secrecy of the ballot, will shall not afterwards be used against him be vexatious to electors, and will occasion in any judicial proceeding. much delay and trouble at elections. SECTION 9. No election or appointment 3. A general act on the subject of reto fill an official vacancy shall extend be- storing the right of suffrage in forfeited yond the unexpired term. cases will be more satisfactory than a CONSTITUTIONAL CONVENTION. 505 special act in each case, and save a vast 3. He shall have resided in the State one amount of very objectionable special leg- year, or if he had previously been an elecislation. tor of the State, removed therefrom and 4. Election districts should be formed returned, six months immediately preby general law, uniform throughout the ceding the election. State, with no special provisions for any 4. HIe shall have resided in the election locality; besides the maximum of voters district where he offers to vote two reported for city districts is too small. months immediately preceeding the elec5. The provision in reference to number- tion. ing the ballots is too indefinite.m SECTION 4. NO soldier, seaman or mar6. The method of electing managers for iner in the army or navy of the United corporations properly belongs to the Coin- States shall be deemed a resident in this mittee on Corporations, and not to this State, for the purpose of voting, in consecommittee. quence of being stationed therein; nor 7. The proposition to compel witnesses shall any person gain a residence while in contested election cases to criminate confined in any public prison, or kept in themselves, without protection from pros- any alms-house or other institution at the ecution, which must inevitably follow, is public expense. a dangerous innovation on Americanj uris- SEcTION 5. Whenever any of the qualiprudence, will have no terrors to bad men, fled electors of the State shall be in any and presents to good men but one alterna- actual military service, under a requisitive-perjury or the State prison. tion from the President of the United I therefore submit the following as a States, or by the authority of this State, substitute for the article reported by the such electors may exercise the right of majority, and to present the article as a suffrage in all elections by the people, whole, the first two sections, already under such regulations as are or shall be adopted by the Convention, are inserted. prescribed by law, as fully as if they were J. W. F. VWHITE. present at their usual places of voting. I concur with the view ex-pressed in thes fifth paragraph of this report, relative to SECTION 6. Electors shall, in all cases, its numbering of ballots, but am in favor except treason, felony and breach or of electors endorsing their names in or surety of the peace, be privileged from onr their ballots. arrest during their attendance at elecI also prefer the wording of the section tions, and in going to and returningthererelating to the qualifications of electors to from that presented in the majority report. I SECTION 7. No person who shall have think it more perspicuous, and believe it given or offered to give, received or agreed would be more readily understood by to receive, directly or indirectly, any election officers. money or other valuable thing, for the JOHIN M'MURRAY. purpose of corruptly influencing the vote of an elector, or shall have made any bet ARTICLE -. or wager, or shall be interested in any bet ELECTIONS AND SUFFRAGE. or wager on the election or defeat of any SECTION. 1. The general election shall candidate, or the result of any election, be held on the Tuesday next following shall vote at such election: Provided howthe first Monday of November, but the ever, If any elector be challenged for such Legislature may, by general law, fix a dif- cause, his vote may be received on his ferent day, two-thirds of each House con- taking an oath or affirmation that the mat senting thereto. ter of such challenge is not true. SECTION 2. All elections for city, ward, SECTION 8. All persons who shall hereborough and township officers, for regu- after be convicted, in any court of this lar terms of service, shall be held on the State, of treason, bribery or perjury, or third Tuesday of February. shall be convicted of fraudulently voting, SECTION 3. Every person possessing or fraudulently interfering with the balthe following qualifications shall be an lots or returns of any election, or of makelector, and be entitled to vote at all elec- ing any false and fraudulent count or retions, viz: turn of the votes at any election, shall be 1. A male person twenty-one years of deprived of the right of suffrage: Plrovided age. however, That the right may be restored 2. He shall have been a citizen of the after five years from conviction, in such United States one month. manner as may be prescribed by law. 506 DEBATES OF THE SECTION 9. All elections by the people lature. We also cannot concur in reshall be by ballot; the election officers quiring each voter to write, or cause to be shall enter and number the names of the written, his name on the ticket, &c. It electors on a list, in the order of their has been a paramount object with the voting, and number each elector's ballot entire committee to guard the purity of with his number on the list; elections by the ballot-box by every possible or pracpersons in a representative capacity shall ticable means, but we think that object be viva voce. can be obtained by other means than the SECTION 10. The Legislature shall, by above. We think that disfranchisement general law, provide a mode for ascer- after conviction of violation of election taining and registering the voters in each laws should be absolute for a period of election district; but no elector shall be five or more years, and would not have deprived of his right to vote by reason of the Legislature entrusted with the parhis name being ommitted from the regis- doning power, thus introducing a new try list. feature of special legislation, when all SECTION 11. The Legislature shall pro- rather propose to curtail it. We disapvide, by general law, for establishing elec- prove of the endorsement of every ticket tion districts of convenient size, and fix- as reported, because it virtually, and in ing the place of election in each; but no an indirect manner, does away with the election district shall be created or divi- secret ballot, while stating, at the same ded, or the place of election be changed, time, that the ballot may be either secret except by the court of common pleas of or open, which many would regard as the proper city or county, in such man- adding insult to injury. We would only ner as may be prescribed by law. further add that it would, in our opinion, The PRESIDENT. This will be laid on be found very inconvenient, and that the the table. other means proposed will, to a great exMr. KAINE. I move that it be printed tent, effect the object in view. with the majority report. H. CARTER, The PRESIDENT. A minority of a coin- LEVI ROOKE. mittee has no right to report an article. The PRESIDENT. It will be laid upon This matter can therefore not be printed the table and printed in the Journal of as such; but it will be printed in the this day. Journal, as a matter of course. If any The first business now in order is the other course is desired a motion can be consideration, in committee of the whole, made. [A pause.] If no motion is made of the article reported by the Committee this minority report will be laid on the on Legislature. table. ADJOURNMENT. Mr. JOSEPH BAILY. It is proper to.Mr. WHERRY. I move that the Conpfint a n-inority report, though not as an vention dQ now adjourn. article. There I think your decision is T correct. But I think the report itself he question being upon the motion, it ought to be printed. T'he PRESIDENT. Unless a motion is THE LEGISLATURE. made it will be laid upon the table. It The Convention then, as in committee will be printed in the Journal with the of the whole, Mr. Chas. A. Black in the proceedings of to-day. chair, proceeded to the further consideraZIINORITY REPORT..~tion of the article reported by the ComRmittee on Legislature. Mr. CARTER, also from the Committee on The CHAIRMAN. The committee of the Suffrage, Election and Representation, whole has had referred to it the report of made a minority report, which was read the Committee on Legislature. When as follows, viz: the committee last rose it had under disThe undersigned, a minority of the cussion the twelfth section. A motion Committee on Suffrage, Election and Rep- had been made to strike out " 1,200 0" and resentation, are unable to concur in so insert in lieu thereof "$2,000." The genmuch of the report of said committee as tleman from Philadelphia (Mr. Fell) favors the forfeiture for life of the right to moved to amend that amendment, by vote of an elector who may be convicted striking out "$2,000" and inserting in of fraud, or of any violation of the elec- lieu thereof " $700." tion laws, unless pardoned by a two- Mr. H. W. SMITH. Mr. Chairman: The third vote of both branches of the Legis- subject really before the committee, the CONSTITUTIONAL CONVENTION. 5.07 section under consideration, together with reference to the pamphlet laws of that the amendments that have been offered, year, there was an act passed to reduce is nothing more than the compensation of the expenses of government. Amnong the members of the Legislature. other things, while the pay of the memA wide range has been takenin this de- bers had been $3 per day, it was enacted bate, which I intend to avoid. I do not and provided for, that where a session rise for the purpose of making a speech. lasted longer than one hundred days they I have only a few words to say-giving to should, for every day over that, receive the committee some information that I $1 50. That had a tendency to despatch have thus far not heard communicated. of business. At that time the Legislature Gentlemen -have stated that they have met on the day fixed by the Constitution, been members of the Legislature at this and went through with their business time, and at that; they have had the honor without adjournment until it was all conto serve in the Legislature. I will say that eluded. They did not do as the "honorI, too, twenty-eight or thirty years ago, ables" do now, meet and sit a portion of served twe terms in the Legislature of the week, adjourn every Friday afternoon Pennsylvania. I shall not say that I and meet again on Monday evening, and had the "honor" to serve there, because remaining not much more than half their at that time we had no "honorables" time at Harrisburg. That was a peculithere. We were plain men. I was known arity of the law and the times, and it so as "Harry Smith," and our Senator, Fag- remained for, I think, eight or ten years. ley, was "Sam Fagley," or "OldSam Fag- There was no adjournment then until ley." Others were knownr by similar the business was done. It is true, that at plain titles. I have a recollection that we times the sessions lasted over one hundred had only one Esquire among us, and he days, but the pay was, accordingly, cut weighed two hundred and sixty pounds, down to $1 50. I served two sessions at so that he was a man of weight, as well as that time; one of them lasted but eightyintelligence. Now, however, they are all five days, and the other ran a few days, "honorables!" At that time that compli- eight or ten, over the hundred, for -which ment was only paid to members of Con- we got $1 50 per day. They thought some gress and judges of courts. All others of them were too liberal with their exwere plain men; and I fear that the cor- penses-paid out $1 SO —so that they felt ruption we have heard of; and the rascal- like hurrying through with their business. ity that has taken place in our Legislature, It will be further found,by reference to the has all arisen since these compliments law of 1843, that if a member was absent have been so freely paid to men who are when the roll was called, or at the call of mere plain servants of the people. They the ayes and noes, if within the period of are now considered to occupy a position one hundred days, his f3 were deducted elevated above the people, so they are from his amount. If the Journals of that duly titled "honorables."' In the Legisla- time be examined it will be found that ture of my time we had no bribery, no cor- members answered fully to the call of ruption. It is only since these honorables names. I have the satifaction to say that have been spread around that these racan- nmy name stands recorded every time cies in honesty and integrity are found. when called while I was serving in the For my part I am not aware that there Legislature, excepting for one week, when has been any bribery or dishonesty in the confined to bed on account of sickness, Legislature; at least I was not aware of it and was, therefore, excused from attenduntil I heard it in this Hall. It is time ance. that sort of thing was stopped. Matters stood thus until 1856, when the WVith regard to the compensation of pay of members was raised to,700 a members of the Legislature, I will say a session. Then the idea of small pay, after few words. I will give my recollection the one hundred days, was dropped, and of a few facts relating to that matter; and finally, some six or eight years ago, the I think it will appear evident that there pay was fixed at }1,000 a session. ought to be a permanet compensation Look at the consequences of this fixed, and that it ought not to be left to 1,000 a session. Complaint has been made the members themselves. here that, in 1871, the legislative exThere was a time, I believe, when the penses were extraordinary. Comlpare pay of members was,4 a day and mileage. the acts of our members now with those Sometime prior to 1843 the pay was fixed of 1843, and what do you find? Why, at $3 a day. In 1843, as will be seen by a you will find that then members attended 508 DEBATES OF'THE to their duties. You find that, after this quate -comlpensation, to be fixed by law, great increase, in 1871, although the ses- which shall not be diminished during sion, I think, lasted one hundred and their continuance in office. The salaries forty days, a joint resolution was passed, of the judges were fixed under this clause allowing for the forty days the propor- in the Constitution some years ago; but tional sum on that time which had been the Legislature, during the last eight or allowed on the one hundred days, allow- ten years, has unfixed and increased these ingithat one hundred days would entitle salaries. Now, the framers of the Constithem to $1,000 00. The Legislature met, tution of 1790, and as amended in 1838, in 1871, on the third of January, I be- although they did not provide that these lieve, so that up to the twelfth of April, salaries should not be increased, in so inclusive, amounted to one hundred days. many words, I am satisfied that they Under that good old wholesome system, never intended that they should be unthat plain men followed, they would have fixed every year. Notwithstanding this had ~3 00 per day. But in contrast with evident design of the framers of the Conthat, and far exceeding it in extravagance, stitution, look at the acts passed in 1871 and, I was going to say, in public plun- and 1872. You will find that the salaries der, what does the 1871 Legislature do? of the judges are double the amount that WVhy, make a provision that, for every was intended by the framers of the Conday over the one hundred, a full, propor- stitution. It has continued to run on in tionate amount shall be paid —10 00 a this way. I aminfavorof our judgesand day. The result was that each member all other officers of the government receivgot about $400 00, besides his $1,000 00. ing an adequate compensation, but I do That will paItially account for the waste think that something ought to be done to -for the upwards of fifty or sixty thou- make it permanent, and for this reason I sand dollars which the gentleman from am in favor of the amendment which was Philadelphia (Mr. John Price WVetherill) suggested while we were at Harrisburg, said was unaccounted for and inexplica- by which the salaries of judges were to be ble. neither increased or diminished during I think that the compensation should their continuance in office. WVr have a be fixed in the Constitution. I do not say state of things before us that shows conthat three dollars a day would be ample elusively something ought to be done in compensation, but the universal principle regard to this question. is, however reasonable the compensation of a man may be, he always wants a little There is a provision in the Constitution aore. If a nenmber of the Legislature is now that the Governor's salary shl11 neither be increased nor diminished durpaid by the day it will matter but little ing h is continuance in office, and it has Mhether he is paid three dollars or ten ing lis continuance in office, and it has dollars a day, as far as the economy in the been only a few days since we heard, length of the sessions may be. An illus- before the present Governor was inaugutration of this principle is found in an an- rated, and before he took his seat in the ecdote related of John Jacob Astor, of New Executive chair, that the Legislature York. It is well known that he lived to an doubled his salary, and increased it from advanced age. iUpon one occasion, after he $5,000 00 to $10,000 00. 1 feel, however, had retired from business, he happened that I am occupying too much time of the to hear of some property that could be Convention, but, perhaps, on some other bought very cheap. Notwithstanding his occasion, I will endeavor to give my advanced age, when a person would sup- views in regard to these questions nore pose all love of gain had vanished, he pur- fully. chased the property and realized a hand- Mr. War. IH. SMIT1. Mr. President: I some profit from it. Thus it always will know the Convention isimpatient,and that bie. The love of gain will always influence it is time this question was settled. But I tmen in public positions. It matters very shall detain the Convention only a very few little whether you pay members of the minutes. For, although so unused to pubLegislature high or reasonable comnpensa- lic speaking that, like Selkirk on his detion, they will always want a little more. sort island, I start at the sound of my own Glance for a moment at the regulations voice, I am impelled to say a few words on respecting the salaries of members of Con- this subject. Mr. Chairman, I shall vote for gress, and even the judges of this State. the sum named in the report of the comThe Constitution, as it now stands, pro- mittee; but rather than that we should fail wides that our judges shall receive an ade- to fix the compensation for members of CONSTITUTIONAL CONVENTION. 509 the Legislature, I would vote for the two -ments, for the Legislature to pay itself so thousand dollar amendment. extravagantly? If the Legislature of our Commonwealth Mr. Chairman, I have no doubt that had been guided by the practice of half a many of the parties who have done most century previous to 1861, when, as I am reprehensible things at Harrisburg, in the told, these excesses began at Harrisburg, last twenty years, will be elected to the there never would have been charged Legislature under the Constitution we are upon a candidate for public office, as was preparing, if it shall be adopted. Now, done last fall, that, as a memberofa com- MIr. Chairman, I would not wish' to mittee of the Legislature, he took, in ad- confide to those gentlemen the fixing dition to his pay, large sums for serving of pay or extra pay for members of en committees. Now when I read this the Legislature. Perhaps, I should s.y, charge in the papers, although the gentle- I would not tempt them with that power, man was neither friend, brother nor fel- for they all, I hope, have resolved to cease low-partisan of mine, I felt that it must to do evil and to learn to do well, and be untrue. I looked for a denial that hope to deserve confidence. But I would would acquit the candidate of, what I fix the pay of the members here. I would thought, was a most scandalous and dam- put it out of the power of the grasping aging imputation; but I have not seen it and the weak, to pay even their succestill this hour, and the candidate has not sors the indefinite rates that have been sued for libel either. Now, Mr. Chair- paid at Harrisburg for the last ten or man, I submuit the question to the mem- twelve years. Therefore, as 1 said at first, bers of this Convention, whether they do I shall vote for the report of the commitnot know, or whether they have not been tee. informed, and believe that it has been cus- The question recurring on the alnendtomary at Harrisburg to give members of ment of Mr. Fell, striking out " two thoucommittees, or chairmen of committees,. sand dollars," and inserting " seven hunextra pay for service on committees? I dred dollars," it was not agreed to. pause for a reply. Mr. HARRY WHITE. Mr. Chairman: I A colleague of mine, in a gushing trib- move to amend, by striking out the secute to the Legislature, said that the Leg- tion, and inserting the following: islatures, for the last twenty years, were as " The members of the Legislature shall pure as the Legislatures were for the twen- receive such salary and mileage for regutyyears preceding. Truly, his faithis great lar and special sessions as shall be fixed -as great as that of the centurion of the by law, and no other compensation or Scriptures. But I venture to ask if any perquisite whatever, whether for services man believes that committees of the Leg- as a'member of any committee or otherislature were allowed extra pay for com- wise. But no member of either House mittee service previous to 1853? If it be, shall, during the term for which he may even time does not justify it. have been elected, receive any increase of It has been argued here, Mr. Chairman, salary, compensation or mileage under that if each Legislature fixed the pay of its any law passed during said period." successor and not of itself, they could not Mr. HARRY WHITE. Mr. Chairman: I gorge themselves, and would not plunder have just an observation or two to make, the people without the immediate pro- by way of explanation of this amendceeds or to give others the benefits. There ment. Members'of the committee who is force in this, and the act organizing this have not heard the amendment just read body gives it proof. The Legislature will understand that it is a proposition to limited our pay to one simple, straight strike out the entire section, and supplant thousand dollars; no allowance to conm- it with a proposition which requires the mittee men for extra labors, no matter compensation of members of the Legislahow hard they may have to work; no ture to be such as shall be fixed by law. matter if it takes us six months to do our This compensation is to include all serwork, we are only to have one thousand vices, and no compensation or perquisites dollars. Now that is all right, entirely otherwise for services on committees right; I do not oomplain of it, nor do I shall be allowed, except the compensation complain that our stationery and postage thus fixed. But no member of the Legisis estimated at but fifty dollars, and that lature shall receive any increase of conmour mileage is brought down to dots. It pensation in pursuance of any law passed' is all right. But was it not wrong, emi- during the period for which he shall have nently wrong, in the light of these enact- been elected. 510 DEBATES OF THE It seems to me that this is a proper and the matter of compensation. For years the just way to dispose of this much vexed compensation of members of the Legislaquestion. It was to be expected from the ture was $500 per annum. That was sucout-set that some discussion would natu- ceeded by an increase to $700, and only rally result over the proposition, fixing in 1864, when the actual necessities of the compensation of members of the Leg- trade, and when the increase in the price islature. I do not, in my amendment, of commodities required it, the salary state what that compensation should be. was increased, by a special appropriation, Neither do I think this Convention should to $1,000, and since then has been fixed at fix the amount to be paid to members of that rate upon the statute book, except an the Legislature. increase upon an extraordinary occasion. Of course, it is unbecomingthe dignity of Thus for nine years, with the exception of a delegate to this Convention to attempt the session of 1871, the compensation of to make any cheap capital before the peo- the members of the Legislature has been ple, by an appearance of economy in re- at the fixed amount of $1,000, and the stalation to the matter of compensating the tionery allowed by the act of 1842. Then, members of the Legislature. Certainly I think, it is wise and proper for us to say some compensation must be given to that we can allow the Legislature to fix, them. Gratuitous services, honorary ser- by law, that which should be a fair and vices for the high function of making the proper compensation. laws of the State, cannot be now expected. It is said that there may be abuse in Some gentleman in his place here, yester- this direction, that it is unsafe to trust inday, made the observation that the time dividuals to legislate upon these matters was when the compensation allowed the which affect themselves directly. That is members of the Legislature was merely a sound argument, and that criticism is nominal. In answer to that, let me say wise, but by the amendment under conthat the same gentleman can also recollect sideration, that abuse is hereafter made the history of the time when members of impossible. The provision is that when the honorable profession of the law made the Legislature fix their own compensano formal charge for their services, such tion by law, no change can be made or services being compensated by that qui- benefits derived therefrom by members dam honorarium which was customary who vote therefor. Furthermore, it has among gentlemen. Those times have been said that this matter of extra compassed and gone. The great bread and pensation to gentlemen who have served butter question forbids the presumption on committees has grown into an abuse. that we can have any legislation or any This is, indeed, not a broad question. No other service performed without render- large amount of money has been taken ing proper compensation therefor. from the treasury for this item, but I beNow, Mr. Chairman, how should this lieve myself it is a wrong, and many question be met? I grant that it should members of the Legislature, some of them not be left open to the action of the mem- members of this body, never gave their bers of the Legislature when the gener- assent to it by voting for any extra comal appropriation bill is under considera- pensations. By this amended provision tion. Some gentleman has made the re- you make it impossible hereafter for any mark here that there is no law upon the member of the Legislature to receive any statute book fixing the compensation of compensation whatever for his services members of the Legislature. This, sir, is upon committees while the Legislature is an error; the law to-day is as fixed as any in session and while it is not in session, other on the statute book of the Common- but his compensation peremptorily and wealth, which provides that the compen- positively is defined by a simple statute. sation of members of the Legislature shall Now gentlemen who vote for the propobe $1,000 per annum and the mileage fif- sition to fix inexorably and unchangeably teen cents per mile actually traveled; and the amount of compensation in the Confurthermore, that a certain amount of sta- stitution, do so on the assumption that the tionery, to the amount of $25 for each Legislature is not to betrusted. I am not member, is allowed and has been al- here to defend the representatives of the lowed since the year 1842, when it was people. The people themselves have their fixed. representatives in charge, and they are I make this observation that so far as the proper parties to criticize them. But the Legislature is concerned, no great, I do take pleasure in saying that there are startling abuses have been committed in as honorable gentlemen in the Legisla CONSTITUTIONAL CONVENTION. 511 ture of Pennsylvania to-day, and have sion enough to enact general laws for the been in the past, as are to be found in the government of the whole Commonwealth, limits of the Commonwealth. They are and not merely for its sub-divisions. I answerable to their constituents for their submit, then, in view of this policy, in acts, and to them I would remit the ques- view of this demand of the people, that tion of the responsibility of members of we ought to assume future Legislatures the Legislature. I do not pretend to say will have the wisdom and the integrity to that all things that are done, that all legis- pass laws which will fix justly the comlation that is had is right and proper. I pensation of their successors in office. do not pretend to say that there are not I have felt it to be my duty to submit members of the Legislature who have these suggestions, in this desultory manacted from sordid, base and corrupt mo- ner, in support of this amendment, and I tives. Such men acted, however, as indi- may furthermore remark that I speak corviduals. They are responsible to their rectly, when I say that it is the unanimous God, their consciences and their constitu. opinion of the Committee on Legislation ents. Delegates, how often have you seen that the provision, as read, should be the representative who has thus betrayed placed in the Constitution. While I dethe responsibility entrusted to him, strick- fer to the Committee on Legislature, and en down by his people, and consigned to I have the greatest respect for every memr retirement and oblivion? ber of that committee, still, like other Mr. Chairman, we must trust something members of this Convention who have to the Legislature. There are passed the spoken upon this subject, I certainly laws which regulate our dearest rights. differ with them upon the propriety of The family relation, the means of trans_ fixing, by constitutional enactment, unmitting our property, everything which changeably and inexorably, the compenis sacred in society must be trusted to the sation of members of the Legislature. I enactment of laws which are to be passed would fix it by law, and when fixed. by agreeably to the policy of our government law, let it there remain, unchangeably, so by a Legislature elected by the people and far as the persons who vote for the law responsible to the people. It is folly to say,or are concerned. to hope, that any provisionwhichwe place Mr. TEMPLE. Mr. Chairman: I desire in our Constitution will change human na- to have the amendment again read, that ture in Pennsylvania. If men are not honest its exact language may be more clearly without constitutional enactments, they understood. will not be honest with them. What we The amendment was read. want to do is to remove from the jurisdic- Mr. TEMPLE. MAr. Chairman: I have tion of the Legislature certain powers, or but one remark to make on this amendcertain classes of legislation, which the ment, and I think it likely that the experience of the past has told us is exer- mover of it, if he were asked, would mnodicisedl injuriously to the public. On the fy it, so'that it would not be open to that matter of special legislation we all agree branch of discussion. Mly objection to it that this has been exercised unwisely, but is that, if it be adopted, it would not accomnnot necessarily corruptly. The most per- plish the purposes for which it is intendnicious form of legislation, of a special ed. My judgment is that the word character, from which the Commonwealth " shall," which has been stricken out of has suffered, has been passed at the in- the amendment, I suppose, by the genstance of some favored constituents, in tleman from Indiana, (Mr. Harry White,) many instances, and not from mere mo- should be retained, and for this reason: tives of corruption. That, under this amendment, the present We must trust something to the Legis- Legislature might, if they sa-w proper, lature. We must not go upon the assump- grant an increased salary; and if, as is tion that the members of the present Leg- probable, one-half or two-thirds of the islature, or members of future Legisla- same Legislature should be elected to the tures, will be thieves, and rogues, and succeeding Legislature, they thus would corruptionists. You are seeking by this reap the benefit of.their own legislation. Constitution which you are to pass, to re- It is easily perceived that, if this pose in this Legislature the largest juris- amendment should be adopted, as it is diction, the preparation and enactment of written, that that result will certainly folgeneral laws. You assume that the peo- low. It is a view of the subject which ple will send representatives to the next has been considered by gentlemen who Legislature with breadth and cornprehen- are here giving close attention to this 512 DEBATES OF THE question of legislative compensation. It either in the shape of increased salaries seems to be the opinion of very many or in the shape of appropriations to meet members on this floor, with whom I have contingent expenses. Therefore I endorse conversed, that if this amendment is that part of the amendment offered by adopted, the Legislature which is in ses- the gentleman from Indiana that prosion now may grant an increase of salary, hibits extra pay to committees, and if he and thus allow those of its members who will so modify the proposition as to meet are successful candidates for re-election the matter of which I have spoken, I to reap the benefit of legislation secured believe I will be willing to vote for it. and passed by themselves. Mr. HARRY WHITE. Mr. Chairman: But, independent of that objection, I In answer to the criticism of the gentlecan see no reason why this Convention man from Philadelphia (Mr. Temple) I should not establish the pay of our legis- must ask his pardon for not correctly unlators. From the tone of the discussion derstanding it. If he will rise in his which has taken place here, it is evident place and categorically answer as to the that it is the determination of many of particular portion that he desires modiour members to fix the pay of very nearly fled, I may be able to act intelligently all the officers of the Commonwealth. I upon it. can see no reason why this should be Mr. TEMPLE. Mr. Chairman: I object made an exception. I do not deem it to that portion of the amendment which necessary to charge the legislators with says that no member shall receive extra bribery, or with ill-advised legislation. I pay for services for the time for which he do not think such reflection at all neces- may have been elected. Now, if this be sary to the discussion of the subject. But adopted, in that language, the present one thing is sure, that where the menr- Legislature, for instance, could grant an bers of the Legislature are allowed, every increase of salary, to take effect only at year, to change the salaries of any officer the commencement of the next legislative of the Commonwealth, flom the Governor term, or, in other words, to increase the down to the humblest servant of the pay of the menlbers of the next LegislaState, that continued action upon this ture. One-half of the present Legislasubject goes very far toward taking away ture will probably be re-elected, and that measure of the public confidence then will receive the increased cornpenwhich is so essential in the proper balance sation for which they themselves lhave of our body politic, and which they other- voted. wise would fully and satisfactorily en- Mr. HARRY WHITE. They would? joy. Mr. TEMPLE. Mr. Chairman: Certailnly There is one thing in this amendment with which I cordially agree. It is the they would, and precisely under the opthat* * ~eration of this amendment. It only aprovision that no committee, or no complies to the present, or any future present:itteeman at least, shall be paid an'extra salary or compensation for committee bly might be re-elected, in which case service rendered while in the Legislature. there would be no virtue at all in the I saw, in the official reports of the expen- there would be no virtue at all in the ses of the Commonwealth, within the present week, where one member of the Mr. HARRY WHITE. Mr. Chairman: I Senate, who was upon three or four com- am sorry to intrude again upon the Conmittees, received, at one session, $2,000 00 vention, but if the Convention will listen additional salary. Almost every member to the reading of the proposition, I think of the Senate, and Inany in the House, they will agree with me that there is no receive, every year, from $500 00 to point in the objection of the gentleman $1,000 00 extra salary, obtained under the from Philadelphia (Mr. Temple.) Clearly plea of committee service. As far, there_ and distinctly the amendment is this: fore, as this pending amendment proposes "The members of the Legislature shall to check this practice, I agree that it is receive such salary and mileage for regwise and proper. I, however, believe ular and special sessions as shall be fixed that, not only ought the Legislature to be by law, and no other compensation or prevented from so changing the law as to perquisite whatever, whether for services increase their salaries, but that there as a member of any committee or otherought to be in the Constitution of this wise. But no member of either House State an article preventing the Legisla- shall, during the term for which he may ture appropriating the public funds, have been elected, receive any increaseof CONSTITUTIONAL CONVENTION. 513 salary, compensation or mileage under any Mr. KAINE. Mr. Chairman: If it is go law passed during such period." into the section of an article where the On the question of agreeing to the words "General Assembly" are used conamendment, a division was called, which tinuously, then the words should be resulted: Fifty-eight in the affirmiative, "General Assembly" also. The language sixteen in the negative. So the amend- ought to correspond in every section. ment was agreed to. Mr. HARRY WHITE. Mr. Chairman: I "COMIPENSATION." accept the modification. The CHAIRMAN. It cannot be accepted Mr. iARLINGTON. Mr. Chairman: Is by the mover. It can only be done by an amendment now in order? the unanimous consent of the committee. The CHAIRMAN. An aimnndinent is in Mr. KAINE. Mr. Chairman: I ask order. unanimous consent of the committee to Mr. DARLINGTON. Mr. Chairman: have the change made. Then I suggest to the gentleman from In- Unanimous consent was given, and the diana (Mr. Harry White) that he so mod- words "General Assembly" substituted ifS the language of his amendment as to for the word "Legislature." strike out "salary and mileage,' and in-ORD "CO sert'"compensation." THE WORD "COMIPENSATION." sert "compensation." The CHAIRMAN. That cannot be done Mr. DARLINGTON. Mr. Chairman: Alnow, except by unanimous consent. The low in to ask the general consent of the amendment has been adopted by the com- committee to strike out the words "salary.mittee, and cannot new be nmodified by and mileage," and insert the word "cornthe moverel of the am endment. pensation,'" for the reason that the LegislaMr. DARtINGTON. Mr. Chairman:, ture may, if it see fit, not fix any salary, but Then I will alsk the unanimous consent of determine an amount of daily pay. If they the committee to allow the chainge to be so desire 1 want them to be at liberty to xmade, do so. I hope there will be no objection to the substitution. THE' WORD "'iEGaISLA'URE.?7 - Mr. EWING. Mr. Chairman: I will obMr. HAY. Mr. Chairman: As I under- ject. I think that daily pay is just what 8tand the amendment, as it was read, it the Legislature ought not to be allowed provides that memtbers of the Legislature to have. should be paid. The word "Legislature'" Mr. HARRY WHITE. Mr,. Chairman: I was used in place of the words "General must ask the leniency of the committee Assembly," Nwhich have been used by the for my many interruptions, which, in con-. Committee on Legislature throughout sequence of this free discussion upon the their whole report. I would suggest that amendment which I introduced, I have, the words should be the same in this been compelled to muake. I would state clause as in all other clauses of this article, that in the Committee on Legislation the. Mr. KArINE. Mr. Chairman: Is that questions of salary and of compensation~:so? Is the words "General Assenibly," or were considered, and it was deemed exis it the "Legislature?" pedient to provide for a salary and not a The CHAIRM-AN. The amendment will daily compensation. The gentleman from be read. Chester (Mr. Darlington) asks that weThe CLERK. "The members of the determine upon aper diem compensation. Legislature shall receive such salary and That, it seems to me, should not be ourmileage for regular or special sessions as policy. Our policy should be to give the shall be fixed by law," &tc. General Assembly a salary. Experience Mr. KAINE. Mr. Chairman: Then I has demonstrated that it is wiser to give nove that, by general consent of the con_ that body a salary than it is to give it a mittee, the word "Legislature" be stricken per diem compensation, that'nlay affect out and the words "General Assembly" the length of a session, &c. I have no be inserted. i objection to accept the modification of Mr. HARRY WHITE. Mr. Chairman: "compensation and salary" also, if the I have no objection to that whatever. I unanimous desire of the committee be to inserted the word "Legislature" pur- do so. posely, because the Committee on Legis- [" No." "No." No." "No."] latiqIn had that question up and concluded Mr. SIMPsoN. Mr. Chairman: I rise to on the adoption of the word "Legisla- a point of order. The committee having ture" all through their report. adopted the amendment of the gentle3:3 514 DEBATES OF THE man from Indiana, (Mr. Harry White,) desire explained. Gentleineninthis quarit is not in order now to amend it. That ter of the House express the opinion that should have been done before the vote was under this section a man who is a mnemtaken. ber of the Legislature this year and votes The CHAIRMAN. The committee can- for an increase of his salary, which is carnot amend the amendment which has ried, if he goes back to the Legislature just been adopted, but it can amend the and becomes a member of that body again, section as amended. five, ten, fifteen or twenty years hence, TWELVE HUNDRED DOLLARS THE FIRST cannot receive one dollar of the increase for YEAR. which he voted in the previous session, but must accept as his salary the sum SMr. JOHN M. BAILEY. Mr. Chairman: ^^which was then paid to members of the I move to amend, by adding, as follows. General Assembly. The section is underThat immediately before the amendment stood by some gentlemen here to cover last adopted there shall be inserted the that ground. I do not so understand it, following: but I desire to understand it distinctly "Each member of the General Assembly, before I vote upon it, and therefore reat its first session held after the adoption quest an explanation on this point. of this Constitution, shall receive-the sum Mr. HARRY WHITE. Mr. Chairman: In of twelve hundred dollars and mileage, reply to the inquiry from my friend from at the rate of ten cents for every mile tra- Susquehanna, (Mr. Turrell,) I will state veled in going from his residence to the that the concluding part of this section is place of meeting and returning thelrefromn; drawn carefully to avoid that contingency. and for each period of two years there- The provision on that subject is just here: after -'I I"No member of either House shall, duSMr. EwINu. IMr. Chairman; Let me ring the term for which he may have been suggest to the gentleman that he have elected, receive any increase of salary, this amendment referred to the Commit- compensation or mileage under any law tee on Schedule. That is the place, it passed during such period." No man, for strikes me, that it ought to go. a term for which he was elected, can reMr. HARRY WHITE. Mr. Chairman: ceive any increase of salary under a law That is right. passed during that period. If he happens Mr. CUYLER. Mr. Chairman: Is this to be elected subsequently, of course no amendment in order? action he mav have had in the past in The CHAIRMAN. It is in order. reference to any question of compensa-;Mr. CUYLER. Mr. Chairman: Has not tion can affbct his position then. the House just voted down a similar pro- The CHAIRMAN. The section as amendposition? ed will be read. The CHAIRMAN. This amendment is The CLERK: intended only to apply to the first year Twelfth. The members of the General after the adoption of the Constitution. Assembly shall receive such salary and The amendment was rejected. mileage for regular and special sessions The CHAIRMAN. The question now is as shall be fixed by law, and no other upon the section as amended, and the compensation or perquisite whatever,wheamendment will be read by the Clerk. ther for services as a member of any comMr. TURRELL. Mr. Chairman: I want nmittee or otherwise; but no member of to vote understandingly on this question. either House shall, during the term for It has been hastily read, and we, in this which he may have been elected, receive remote portion of the hall, hear with diffi- any increase of salary, compensation or culty.' I desire to understand exactly mileage under any law passed during what the effect of this amendment will such period. be. Suppose we adopt this amendment, Mr. HEMPHILL. Mr. Chairman: 1 move then, under this section, if a man who is to amend as follows: To strike out all after now or at any time a member of the Leg- the word,''twelfth," and insert the followislature, and who votes for an increase of ing: pay, should return to the Legislature the "All State officers shall be paid in salanext year or ten years after the increase ries for their services, which salaries shall for which he votes is passed, will he be be fixed by the Legislature, and shall be entitled to the increase for which he voted neither increased nor decreased for the or not? That is what I want to under- term for which a person is elected or apstand, and what a good many of us here pointed, except in case of election or ap CONSTITUTIONAL CONVENTION. 515 pointment for good behavior for life, gentlemen who believed they understood when the salaries may be subject to legis- that of which they spoke, when they said lative revision." that in the past, and I do not say this as a Mr. T. H. B. PATTERSON. Mr. Chair- reflection upon the Legislature, and wallt man: I rise to a point of order. The to be understood, for one, that when I amendment is not germnain to the section seek to put a restriction upon one of the as amended. Tile section only applies branches of the government of this State to the compensation of members of the that I am not necessarily imputing any Legislature, while this amendment of the wrong to that branch of the government. gentleman from Chester (Mr. Hemphill) It was thought, in consequence of a sugapplies to all the officers of the State. gestion, that offices not sinecure in fact, The CHAIRMAN. The matter has sub- but which had become practically such, stantially been voted down, but it does were created, and appointments made to not seem to be in order now. them by the Legislature of PennsylvaMr. CvULER. MIr. Clhairman: I under- nia, and that this section should be prestand the objection to be, that it is not sented to meet that evil. Arnong other germain to the section, because the see- minor instances referred to, mention was tion relates to the Legislature, while this made of pastels and folders, and it was proposition applies to all officers of the stated that pastels and folders were apState, and is not confined to the Legisla- pointed at the annual sessions of the Legtnre. islature who never saw the inside of the AMr. HE INPHILL. 1ir. Chhairnlan: I of- pasters' and folders' room, at salaries of fered the armendment, for the purpose of some consequence; their labor was done, preventing two sections of the Constitu- in a nulber of cases, by small boys and tion which woul(ld overlap. young men, who did it at very reasonable The CIIAIRMAN-. The Chair does not wages. think the amendment in order hdre. It The desire then of the Committee on may be in order elselwhere, but not unlder Legislature in reporting this section was this section:. to make some provision which would reThe question is on the section as amenid- quire persons appointed by the Legisaed, which was agreed to. ture to actually perform the services of the offices to which they are appointed, and not to draw their pay and have the The CHAIRIMAN. The question now re- work done by somebody else. The ob)ect curs upon the thirteenth section, which in this section was merely this: It was, as will be read. I said a mnoment ago, a part of the, same The CLERK: general theory which in committee'led to Thirteenth. Every person who shall be the reporting of the twelfth section. It elected or appointed to any office by the was thought that it was useless to specify Legislature shall discharge the duties of in the Constitution the salary of members such office in person and not by proxy. of the Legislature, if no restriction was'Mr. DARLINGrTO N. Mr. Chairman: I put upon them in the way of appointwould like to know what that means. ments to sinecure offices. Air. MAcVEAGH. Mr. Chairman: I will The thirteenth section was again reail state to the gentleman from Chester (Mr. and agreed to. Darlington) that the gentleman from The CHAIRiMANT. The question now rePhiladelphia (AIr. Dallas) will explain curs upon the fourteenth section, which. the object of that section. wvill be read. Mr. DALLAS. Mr. Chairman: I had no The CLERK read as follows: desire to take the floor for the purpose of Fourteenth. The Lieutenant Governor making any explanation of this provision, shall preside over the. Senate, and in case but called upon to do so by the chairman of a vacancy in the office of Lieutenant of the Committee on Legislature, I can- Governor the Senate shall elect one of its not, of course, decline to comply. It was members as Speaker. The House of Repa portion of the same general purpose, in- resentatives shall elect one of its members dicated by the twelfth section, that led to as Speaker. Each House shall choose its the reporting of this thirteenth section to other offlicers, and shall judge of the electhe Convention. The committee of the tion and qualifications of its members. whole have passed upon the former see- Mr. IACVEAGH. Mr. Chairman: Is it tion, and I have no desire to review its the sense of the committee to postpone the action. It was urged in committee by consideration of this article until the C'orn 516 DDEBATES OF TIE mnittee oin the Executive reports, in order call the Iouse of' Represelntatives to orto see whether or not we will have a Lieu- der at the opening of each regular sestenant Governor? I consider that we may sion, and preside until a Speaker thereof postpone the further consideration of it in shall have been chcsen and taken his co-mmittee of the whole. seat. The CHAIRMAN. It will have to come Mr. I-ARry I trrIE. )tMr. Chairmnanl up again in co-mmittee. The better way This nmust be explained so that the cornwould be to vote it down. mnittee will understand it. If delegates AM1r. HARRY WHI'lTE. Mlr. Chairmana: will turn to their bound volumes of proMay I appeal to the chairman of the Corn- positions, on pqage five, they will find llittee on Legislature (Mlr. MtacVeagh) this amnendmlent, and can consider it into let the section be considered for the pur- telligently. The commnnittee will underpose of amlendment? I want to get a ques- stand that this section is offered to suption before the House, by way of anmend- ply the place of both the fonrteenth and ment, as to the power of the Senate to fifteenth sections of the report of the Cornelect a Speaker pro tern, &c. mlittee on Legislatu-re. I have of1ered this Mr. MAcCVEAGII. Mr. Chairman: I section in order to supply a present want; think it is better that for the present this to supply a necessity which haslbeen mnade section should not be considered until obvious, by the experience of the Leislawe have the report of the Conmmnittee on ture in the last few vears. It first has a the Executive. clause that a majority of each shall be a The CHIIAIRIMAN. Then you had better quorlul, butthat a less num-bernmay, fronl vote the section down. day to day, assemble and comnpel the atMir. MACVEA.GH. Mlr. Chairman:: Then tendance of absentees. I trust the committee of the whole wvill Mr. Mx(ACEAGoII. r. Chairman: VWill vote clown the section. the gentleiman allow me to state that Mr. KAINE. M:r. Chairman: With the everything that is lmaterial in his amenduinderstanding that it will be introduced lment will comle up x-vhen the fburteenth again on second reading. section is dislposed of. Mr. MACVEAGcI. Mr. Chailrman: Yes, k1r. IIARRY WTITE. Mr. Chairman: I sir. ask the pardoin of the chairman of the Mr. HARnnRY WHrrE. Mr. Chairman: I Commnittee on LegOislature, but if he will move to amend this question before the read this amelidmnent carefully ie wili colmmittee, by striking out the section see that the report of the Committee onl underconsicleration, and inserting the fol- Legislature will not cover the grotrnd X lowing: desire covered by this amendment. "A llajority of the members elected to Mr. MAcV-:N.x. Mr. Chairian: I have each HI-ouse shall constitute a quorunm to ra',ad it carefully and thinl I understlandC do business, but a smnaller number may it. It is the intention of the gentlemrnal meet from dlay to day, and compel the at- from Indciana to strike out the fourteenthi tendance of absent nelnbers. Each House section, when the fifteenth section covers shall choose its own officers. The pre- exa tly the usanie grlound that he now insiding officer of each House, whllile such troduces. House is in session, shall be addressed as Mr. hIARRY WHITE. Mr. Chairman: "Mr. Speaker." The Senate, at the close 0, yes. I desire to strike out both the of each regular session of the Legislature, fourteenth and fifteenth amendments, and and at the beginning of the next succeed- insert this amiendment, and, of course, ing one, shall choose a Speaker p'o tent- if the amiendment be adorpted the fifteenth poere, who shall continue as such until his amendmelnt will fall. successor is chosen, and preside when the Mr. MiAcVEAGII[. Mr. Chairman: But Lieutenant Governor shall not attend. the section whichl the gentleman from InAnd when the office of Lieutenant Gov- diana desires to,substitute pre-suppoes ernor shall be vacant, or he shall act as that we will have a Lieutenant Governor. Governor, the Speaker of the Senate, MiKr. tIARRY WHITlE. Mr. Chairman: I pro tempore, shall be snworn in, and act as do pre-suppose that we are to have a LieuLieutenant Governor for the+ balance of tenant Governor, and I have assumed that the termn for which the Lieatenant Cov- the Convention will add that officer to the ernor, whose office is vacated, was elected, Executive department of our governmento and the seat of such Speaker _,r'o temtpore, The experience of the past few years has. as Senator, shall thereupon become vacant. I thirnk, demonstrated the necessity of' The Secretary of the Commonwealth shall such an officer. If we are to have a Lieu CONSTITUTIONAL CONVENTION. 517 tenant Governor, whose duties are to be The section was rejected. specifically defined by the report of the The CLrERK read the section, fifteen, as Committee on Executive, this amendment follows: will fully meet all that it is desired by the " A majority of each House shall constiCommittee on Legislature to cover by this tute a quorum, but a smaller number fourteenth section. The experience of the may adjourn from day to day, and may be last few years has demonstrated that it authorized, by law, to compel the attendshould be the policy of this Constitutional ance of absent members in such manner Convention to prevent a- hiatus, at any and under such penalties as may be pretilne, in the office of the presiding officer scribed. or the Speaker of the Senate. The Lieu- Mr. MACVEAGH. MNr. Chairman: That tenant Governor will be, of course, ex- is in the exact words of the present Conqfficio, the presiding officer of the Senate, stitution, and I hope the vote will be and will also be, of course, ex-offcio, the taken. Governor of the Commonwealth if the Section fifteen was agreed to. Governor shall die or be removed by any The CLERIK read the sixteenth section, cause. If he should, in such an event, as follows: become the Governor of the State, he can- "Each I-House may determine the rules not, at the same time, be the Executive of its proceedings, punish its members for of the Commonwealth and Speaker of the disorderly behavior, and, with the concurSenate also. Therefore the necessity for rence of two-thirds, expel a member, but ny amendment is apparent. There mlust not a second time for the same cause, and be some provision for a continuity in the shall have all other powers necessary for office of the presiding ofiicer of the Son- the Legislature of a free State." ate. This want of continuity is met by Mr. MA.CVEA.GH. The same remarks the provision in the amendment I have applies to that. offered, by providing for the election of a The section,was agreed to. speaker of the Senate pro tentpore. That The CLERK read the seventeenth section, Speaker of the Senate, when thus elected, as follows: would fill the place of the Lieutenant "The doors of each House and of the Governor. The Lieutenant Governor may committees of the whole shall be open, (lie, or may be removed by some other unless when the businessis such as ought cause, and when the Lieutenant Governor to be kept secret." has been removed, or is acting as Gov- The section was agreed to. ernor, it makes his seat in the Senate va- The CLERK read the eighteenth section, cant from that instant, and requires an as follows: election to fill that vacancvy.' "Neither House shall, without the conThe fact that in 1854, and for four or five sent of the other, adjourn for more than years afterwards, a large portion of the three days, nor to any other place than Senate denied that the President, who was that in which the two Houses shall be elected the Speaker at the close of the pre- sitting." vious session, should take his seat at the Mr. HEIIPHILL. Mr. Chairman: I of'commencement of the succeeding session, fer the following amendment: Insert after inalkes solme constitlutional provision of this the word "days" the following: kind absolutely necessary. The amlend- " Sundays and public holidays inclument I have offered, as the committee ted." vwill see, if they will take the trouble to I ask for the insertion of those words, for look at it, is conveniently better than'the the reason that there was some dispute section, and m-neets and supplies all these occasioned in the Legislature last winter, necessities. owing to an adjournment for nmore than Mr. CURTIN. MIt. Chairman: I trust three days if Sunday was included,sandonthe suggestion of the chairman of the ly fortwoif it was excluded. In ordertoreCommllittee on Legislature will be adopt- move all doubt on the subject I offerthis ed, and( the section voted down. The Corn- amendment. inittee on the Executive will report early The amendment was not agreed to. in the week, and after that we can act in- The question recurring upen the eightelligently. teenth section, it was agreed to. MIr. HARRY WHXITE. I withdraw the The CLERK read the nineteenth section amendment. as follows: The CHAIRM)AN. The question is upon "The members of the General Assemsection fourteen. bly shall, in all cases except treason, 515 DEBATES OF THE felony, violation of the oath herein before The amendment then will be to strike prescribed, and breach or surety of the out "the oath hereinbefore prescribed," peace, be privileged from arrest during and insert " their oath of office." their attendance at the sessions of their The amendment was agreed to. respective Houses and in going to and re- The CHAIRMAN. The clerk will read turning from the same; and for any speech the section as amended. or debate in either House they shall not The CLERK read as follows: be questioned in any other place." Nineteenth. The members of the General Mr. MAcVEAGH. AMr. Chairman: I Assembly shall, in all cases, except treamove to strike out the words'violation son, felony, violation of their oath of of the oath hereinbefore prescribed office and breach or surety of the peace tbecause the oath itself has been voted be privileged from arrest during their atdown. Then the section will read as in tendance at the sessions of theirrespective the present Constitution. Houses, and in going to and returning from the same; and for any speech or debate in either House thev shall not be nlan: I think that we did not vote the oath down. My recollection is that we questioned in any other place. The section was agreed to. declined to take action upon the oath, The section was a because it was in charge of another corn- The CHAIR Th the twentieth section. inittee. I would let that remain and let the twentieth section The CLERnt lead as follo.s the section be postponed. Twentieth. The General Assembly shall Mlr. KAINE. Vote it down, with the unapportion the State every ten years, bedcerstanding that it can be put back again. i t t t ginning at its first session after the adopMr. JOHN M. BAILY. Strike out the tion of this Constitution, by dividing the word " hereinbefore" and insert "here- population of the State, as as certained by in." the last preceding federal census, by the Mr. MAcVEAGIT. That will do. number thirty-three, and the quotient Mr. SIMPSON. Before we take a vote shall be the ratio of representation in the upon that subject, I wish to call attention Senate; counties containing a population to the fact that the two sections relating of four-fifths of said ratio shall be separate to the oath have been voted down, and Senatorial districts, and elect each one they are not now parts of this article. I Senator; counties containing not less presume when the committee has corn- than the ratio, and three-fourths thereof, pleted its work, and reports the article shalleach elect two Senators, and one adback to the Convention, they would like ditional Senator for each number of into have it perfect in all its parts. If the habitants equal to the ratio contained by oath is placed in this amendment itecan said counties in excess of twice the numbe put in afterward, but there is no oath ber of said ratio; all Senatorial districts now in. shall be formed of contiguous and conmpact territory,: each, as nearly as possible, Mr. MAcCVEAGm. I would say to the' gentleman that I made this suggestion in an equal number of inhabitants: Provided, order to meet the views of several mem- That no city or county shall elect more bers. We will correct the whole matter thanfour Senato s Mr. MAcVEAGH. Mr. Chairman: The when it comes before the Convention, if Mrt ACVEAGt. Mr. Csairman The necessary. Unndoubtedly there will be twentieth and twenty-first sections innecessary. Undoubtedly there xvill be elude natters that are under the considsome oath prescribed in the Constitution. eration of the Committee on Suffrage, r. TUlRRELL. I would suggest to the Election and Representation, and the gentleman from Dalnphin (Mr. Ml~ac proper disposition of them will very Veagh) to insert the words "their oath much depend upon the report of the of office." That will make it harmoni- Committee on Legislation. ous, and it will apply to the oath when it The chairman of the Committee on Sufis adopted. frage, Election and Representation has Mr. MACVEAGH, I am willing to ac- told me that this matter is, in one of its cept anything that accords with the views branches, before that committee, and is of the committee. I have no obstinacy receiving its active consideration. Memeabout it. If it is the sense of the corn- bers of the Comrmittee on Legislation mnittee I will accept, as an amendment, have spoken to mle, and have expressed the suggestion of the gentleman from the opinion that the Convention would Susquehanna (eMr. Turrell.) be in far better condition to decide the CONSTITUTIONAL CONVENTION. 519 question of the constitution of the Houses erable number are in favor of an increase when it has at least seen the result of the of the number of the members of the labors of that committee. Legislature. Now, sir, we cannot be Therefore, if such is the sense of the aided in the determination of that quescommittee, I move that the committee tion by any report from the Committee rise, report progress and ask leave to sit on Suffrage. again. Mr. ELLIS. lir. Chairman: I rise to a Mr. SIMPSON. Vote the two sections point of order. I am very sorry to interdown, and let the committee report its rapt the gentleman from Chester, (Mr. proceedings to the body. Darlington,) but I make the point of order Mr. MACVEAGH. Mr. Chairman: I that it is not proper to discuss the merits was going to finish my motion by saying of the article on a motion for the committhat the committee rise, report progress tee to rise. and ask leave to sit again after the Com- Mr. DARLINGTON. Mr. Chairman: I mittees on Suffrage, Election and Repre- am opposed to the committee rising. 1 sentation and Legislation have made their am discussing the question, whether we reports to the Convention. can be aided in the consideration of the MAr. DARLINGTON. AMr. Chairman: I question by anything which can be said propose, at the proper time, to present a by a committee which it is not competent different section, in lieu of the twentieth to say upon the floor. Therefore there is and twenty-first sections, and I do not no propriety in the continuation of this know that I shall be at all influenced -in question to another period. I have no doing so by the fact that another commit- particular taste as to when this question tee has the subject under consideration. shall be opened, but I wish to be heard This is a question that presents itself sometime. I hope some gentleman can that may just as well be met now and tell me what aid can be derived from the here as after the report of the Commit- report of the Committee on Suffrage, in tee on Suffrage has been received. It is a the consideration of the question of how fact which belongs here, and must be con- many members the Legislature shall considered here, and must be decided here. sist of. I know very well what the chairman of I am at a loss to perceive why we should the committee who made this report al- wait for its report upon another question, ludes to. I suppose he means that the of what kind of districts we shall form, Committee on Suffrage intend to report how we shall choose Senators and memsome mode of election —probably by mi- bers of the House, some light may be nority representation, or cumulative vot- thrown by the views of the members of the ing, or something of that kind. I am Committee on Suffrage, but I do not know perfectly ready to meet that question how we can be aided in the discharge of whenever it (comes up. I desire to be that duty better by the reportof the comheard upon it. But it seems to me that, mittee, than we can by the speeches of its in the consideration of this section, we Imembers. will receive no aid from the report of the Therefore these two questions-first, Committee on Suffrage, for this does not the number of members of the Senate coneern the question of suffrage. Thissec- and House of Representatives, and, section and the one which follows it refer to the ondly, the districts or the mode of electconstitution of the Legislature-of how ing each by districts, are questions which many members it shall consist, of how are to be met and decided by this body. many each House shall consist, and in If gentlemen think they would rather what kind of districts shall they be have the report of the committee upon chosen. those questions, I do not know that I care, You will observe that the committee so that I can have the opportunity of prehave reported that there shall be thirty- senting some views upon the subjects; three Senators and one hundred Repre- and I do not know why we might not just sentatives. 1 proposed an amendment- as well now consider the question as at which I endeavored to bring to the notice another time. of the committee some days ago, but it The CHAIRMAN. In the opinion of the was then thought to be out of order-that Chair the motion is not debatable. The we should increase the number. I very Chair did not wish to interrupt the gentlewell know that a proposition of that kind man, however. will receive the consideration ofthis Con- Mr. MACVEAGH. Mr. Chairman: I vention, and I know that a very consid- would like to suggest to gentlemen one 520 DEBATES OF THIE thing. If any gentlemen have substi- The CHAIRMAN. The question is upon tutes, the gentleman from Chester (Mr. the amendment offered by the gentleman Darlington) I know has one, for these from Chester (Mr. Darlington.) sections, if they will hand them either to Mr. MACVEAGH. 1 now move that the the Clerk or to the chairman of the Com- committee rise, report progress and ask mittee on the Legislature, they will be leave to sit again as soon as the reports of printed and placed upon the desks when the Committees on Legislation, the Exwe resume the report. ecutive, and Suffrage, Election and RepMr. DARLINGTON. Very well. Then, resentation are laid upon the table of the Mr. Chairman, in order that you may see Convention, and that the amendment just that my remarks have some pertinency, offered be printed. I move, -if in order, but I suppose it is not The notion was agreed to. in order, - IN CONVENTION. The CHAIRMSAN. The question is upon Mr. C. A. BLACK. Mr. President: The the motion to rise. committee of the whole, to which has been Mr. DARLINGTON. If the gentleman referred the report of the Committee on from Dauphin (Mr. MacVeagh) will with- the Legislature, has instructed me to redraw that motion, so that I can present port progress and Ask leave to sit again. my amendment, I will then make no fur- Mr. CUYLER. Was not the instruction ther opposition to it. to sit again at a definite time? Mr. MACVEAGH. I will withdraw it for The PRESIDENT. That was not in order. the purpose of allowing the gentleman to Leave was granted the committee to sit offer an amendment. again on one week from next Monday. The CHAIRMIAN. The question is now REPORTING PRAYERS. upon the section. Mr. HARRY WHITE. I ask unanimous Mr. DARLINGTON. Mr. Chairman: I consent of the Convention to offer a resonow move to strike out all after the words lution. "section twentieth," and insert the fol- Teave was granted. lowing: The CLERK read the resolution, as fol" The General Assembly shall appor- lows: tion the State for the selection of Senators Resolved, That the official reporter be and Representatives according to popula- instructed to omit the prayers offered tion, as ascertained by the last preceding daily from the reported Debates of the census, every ten years, commencing at Convention. the first session after the adoption of this The question being, shall the ConvenConstitution. Senators and Representa- tion proceed to a second reading of the tives shall be chosen by single districts, resolution, it was agreed to. composed of contiguous and, as nearly as So the resolution was again read. practical, compact territory, of equal popu- Mr. M'ALLISTER. Mr. President: It is lation; when a city or county shall be en- impossible for me to see why the prayers titled to two or nmore Senators it shall be of the Convention should be omitted from divided by ward or township lines; no our published proceedings. Should we city or county shall be entitled to more do this because this part of our proceedthan six Senators; each county shall be ings is distasteful to us? The introducentitled to at least one Representative; tion of this resolution is certainly to be when any city or county shall be entitled deprecated, and I certainly cannot possito two or more Representatives it shall be bly see any reason why this part of our divided by ward or township lines; the proceedings ought to be distinguished number of Representatives shall, at the from the rest. several periods of their apportionment, Mr. HARRY WHITE. Mr. President: I be fixed by the Legislature, and shall desire to state that this resolution was innever be less than one hundred and fifty troduced for the purpose of settling a or greater than three hundred; the num- vexed question. I am not able to say ber of Senators shall, at the same time, be how it arose; but, at any rate, it is simply fixed by the Legislature, and shall never a question whether the official reporters be less than one-fourth or greater than shall report the prayer delivered every one-third of the number of Representa- morning, or whether they shall not. The tives." members of the Committee on Pointing I move that as an amendment to the differ somewhat in their opinions, some twenty and twenty-first sections. believing that it is proper and others that CONSTITUTIONAL CONVENTION. 521 it is not. I will say, in answer to my ized by the Convention to give any infriend from Centre county, (Mr. M'Allis- structions to the reporters. When the Deter,) that, so far as I have any personal bates of the proceedings of the Convenknowledge, every delegate in this Con- tion are examined, we expect to find in vention is in favor of having our sessions them a report of all that has taken place, opened with prayer, but I submit that it excepting such matters as the Convention is not the custom in deliberative bodies, has determined shall not be embodied in Congress, Legislatures, or in the majority the report. Are not the prayers a part of of Constitutional Conventions, to have the our proceedings? Suppose, after the prodaily prayer printed in the Debates. ceedings of the Convention had cornMr. HEIPHILtL. I move that the Con- menced, some one of our delegates doubtvention adjourn. ed there being a quorum of members The motion was not agreed to. present, and a call of the House was made, Mr. NEWLIN. Mr. President: It is would not the proceedings under the call proper for me to state that this matter has form a very important part of the probeen the subject of discussion before the ceedings of the Convention, and would Committee on Printing, and I was in- they notbereported? Undoubtedly they structed by the committee to inform the would. Why, then, should the prayreporters that under the orders of the ers not be reported? What harm can Convention they were not authorized to there be in it? I have no doubt when report, nor the State Printer to print, the this volume of Debates is completed that prayer daily offered by the Convention. there will be found a great many foolish I certainly must deprecate the attempt of things in it, and I certainly should like to the gentleman from Centre county (uir. see along with the foolish things that may nM'Allister) to place the menmbers of the be printed some of the good acts of the Convention in the position of objecting to Convention. I see no reason why the the opening of our sessions with prayer. prayers of the Convention should not be I am strongly in favor of having our ses- printed, and I think, with all deference sions opened with prayer, as I have no to the chairman of the Cornmittee on doubt all of our membersare; but I can see Printing, that the committee exceeded its no reason why they should be reported powers when they undertook to give diverbatim and verbatim printed in the De- rections to an officer elected by the Conbates of the Convention. I believe it has vention, without having the question subbeen the practice in a few instances, but mitted to them by the Convention. as a rule it is unknown. When this sub- Mr. NEWLIN. Mr. President: This ject was first discussed, and the cornmit- question, it seems to nme, is simply a questee gave nle instructions to convey the tion of "flit." A question of "fat" forthe,decision of our members to the reportes, reporters and "fat" for the, printer, and I one of themn declined to obey the instruc- think it had better be understood in that tions, unless instructed to do so by resolu- way. tion of the Convention. This is the ex- Mr. MANN. It seems to me, Mr. Presiplanation I have to give in regard to the dent, that we have made a contract with matter, and I trust the Convention will the official reporter explicitly stating what not allow itself to be carried away by the he shall report and what shall not be reidea that there is an impropriety in not ported or printed. I do not see why this reporting and printing the prayers;.or resolution should have been offered. His that the resolution has been introduced contract is binding upon the Convention, without a proper respect due to the Con- and any resolution that may be offered or venlion, and the views of its members passed cannot affect it one way or another. concerning the matter. MIr. DARLINGTON. I understand that Mir. SIrPFsoN. Mr. President: I would the debates of the Convention mean its like to know how this question of report- proceedings. I cannot see how the praying the prayers of the Convention ever ers daily. offered can form any part of came before the Committee on Printing. our proceedings. The subject has never been before the AMr. CUYLER. Mr. President: I must Convention. It certainly was never sug- express considerable surprise that such a gested by any resolution of any member question has arisen in the Convention. I of the Convention, and how the subject heard, with amazement, yesterday, that reached the Committee on Printing is a the prayers were regularly reported and matter of curiosity to me. The members were to be printed. I confess I had not of that committee have not been author- observed it before. If there is any place 522 DEBATES OF THE where man is humble it is when h8 enters Minor, Newlin, Palmer, G. W., Patterson, in the presence of his God, and if there is T. H. B., Patton, Read, John R., Reed, anything more revolting than all other Andrew, Reynolds, James L., Russell, things, it is the practice of addressing the Smith, H. G., Smith, Henry W., Smith, throne of grace, as it is popularly called, W. H., Stewart, Walker, Wetherill, and printing the prayers. I say this with- John Price, White, David N., White, out intending any criticism upon the Harry, Worrell and Meredith, President prayers made here, which are truly de- -51. vout, but in criticism upon the practice of N A YS. printing them. I am compelled to ob- Messrs. Alricks, Baker, Barclay, Bowserve that it is simply revolting, and any- man, Clark, Collins, Elliott, Ewing, thing that attempts to encourage pompous Hemphill, Horton, M'Allister, M'Camprayer is utterly out of place and ought ant, Mantor, Mott, Purman, Purviance, to be promptly repressed. I cannot per- Samuel A., Simpson, Stanton, Turrell, ceive how the language of the prayers White, J. W. F. and Wright-21. can form any part of the procedings of So the resolution was agreed to. the Convention, and, believing that it is ABSENT OR NOT VOTING.-Messrs. Acha simple question between our heartsand enbach, Andrews, Armstrong, Bannan, our God, I must confess that I am sur- Bardsley, Bartholomew, Beebe, Black, J. prisedthat there should be any discussion S., Boyd, Brodhead, Broomall, Brown, upon the subject. For these reasons I Buckalew, Cassidy, Church, Cochran, hope that the resolution will pass, and Corson, Cronmiller, Curry, Davis, De that the prayers of the Convention will France, Dimmiek, Dodd, Dunning, Ednot be printed as a part of our proceed- wards, Fulton, Funck, Gilpin, Gowen, ings. Hall, Harvey, Hay, Heverin, Hopkins, The question being taken upon the reso- Hunsicker, Knight, Lamberton, Landis, lution, the yeas and nays were required by Lear, Lilly, Long, M'Clean, MacVeagh, Mr. Simpson and Mr. -Biddle, and were Niles, Palmer, H. W., Parsons, Patterson, as follow, viz: D. W., Porter, Pughe, Purviance, John YEAS. N., Reynolds, S. H., Rooke, Ross, Runk, Messrs. Addicks, Ainey, Baer, Baily, Sharpe, Struthers, Temple, Van Reed, (Perry,) Bailey, (HuRntington,) Biddle, Wetherill, J. M., WVVherry and Woodward Black, Charles A., Campbell, Carey, Car- -61. ter, Corbett, Craig, Curtin, Cuyler, Dallas, Mir. BIDDLE. I move the Convention Darlington, Ellis, Fell, Finney, Gibson, do now adjourn. Guthrie, Hanna, Hazzard, Howard, The motion was agreed to. Kaine, Lawrence, Littleton, M'Connell, So the Convention, at one'o'clock and M'Culloch, M'Murray, Mann, Metzger, fifty minutes, adjourned. CONSTITUTIONAL CONVENTION. 523 THIRTY-THIRD DAY. MONDAY, February 3, 1873. And that no law exempting any perThe Convention met at eleven o'clock sonal property from taxation for State, A. M. county or city purposes shall hereafter be The Journal of Saturday, the first in- operative. stant, was then read and approved. FUNDS OF THE COMMONWEALTH. REPORTS OF PROTHONOTARIES. Mr. LILLY offered the following resolution, which was referred to the Committee The PRESIDENT laid before the Conven- on Revenue, Taxation and Finance. tion the reports of the prothonotaries of Resolved, That the Committee on RevFulton, Cambria, Pike and Cameron enue, Taxation and Finance be instructed counties, relative to the number of civil to inquire, and if they find it necessary causes on their respective dockets, which and advisable, to report an article restrictwere referred to the Committee on the ing the State Treasurer from farming out Judiciary. the funds of the Commonwealth. CAPITAL PUNISHMENT. REPORT OF THE COXMMITTEE ON SUFMr. B1ROOMALL presented a memorial FRAG(E. from the Chester county monthly meet- Mr. LILLY also offered the following ing of Friends, relative to capital punish- resolution, which was twice read, considinent, which was read and referred to the ered and agree to: Committee on the Judiciary. Resolved, That the Committee on PrintMILITARY SERVICE. ing be instructed to inquire why the report of the Committee on Suffrage, ElecMlr. BROOMALL also presented a memo- tion and Representation is not printed rial from the same society, asking that a and laid on the table of members, and to provision be made in the Constitution ex- report or apply the proper remedy against ermpting the Friends of the State from mil- the recurrence of such a matter. itarv service. LEAVE OF ABSENCE. INTOXICATING LIQUORS. Mr. BOYD asked and obtained leave of Mir. BROOMALL also presented a niemo- absence for Mr. Darlington, of Chester, rial from the same society, calling the for a few days. attention of the Convention to the evil Mr. JoHN R READ asked and obtained effects of the sale of intoxicating liquors leave of absence for Mr. Hemphill for a as a beverage. few days. TAXING HOUSEHOLD EFFECTS. Mr. CAMPBELL. Mr. President: I "desire to present the minority report of the Mr. STANTON offered the following res- Commlittee on Suffrage and Election. olution, which was referred to the Coim- The report was read as follows, and laid mnittee on Revenue, Taxation and Finance: on the table Resolved, That the Committee on Revenue, Taxation and Finance be instructed to inquire into and report upon the pro- M3inority Report of the Committee on Siufpriety of exempting from levy and sale, frage, Election and Representation. on execution or distress for rent, and The undersigned, members of the Comfromn taxation, all household furniture, rlittee on Suffrage, Election and Reprebeds and bedding, and watches in actual sentation, dissent from that part of the use in any family, as well as wearing ap- majority report of said committee which parel, books, and one piano, melodeon, or limits the right of suffrage to male electparlor organ, and that no waiver of the ors. exemption shall hereafter be permitted We recommend that the question, shall in any case whatever. women exercise the right of suffrage, be 524 DEBATES OF THE submitted by the Convention to the quali- committees; one, I believe, to the Cornfled electors of this Commonwealth; and inittee on Legislature and to other comalso upon the same day therewith to those mittees. I ask now to move the discharge women of the Commonwealth who upon of these committees from the further conthe day voting shall be of the ae of twen- sideration of these subjects, the withty-one years and upwards, and have been drawal of the subjectsfrom these commita resident of the State one year, and in the tees, and their reference to the Committee district where they offered to vote at least on Commissions, Offices, Oath of Office sixty days prior thereto, and that if the and Incompatibility of Office. I do so bemajority of all the votes cast at said elec- cause I understand that committee protion should be in the affirmative, then the pose the creation of new offices, and thereword "male," as a qualification for an fore I presume that that is the proper elector, contained in section -, article committee to whom to refer this proposi-, on suffrage and election, shall be tion. stricken out, and women in this State The PRESIDENT. What are the other shall thereafter exercise the right of suf- committees to which you refer? frage, subject only to the restrictions as Mr. BOYD. Mr. President: I now unare placed upon the male voters. derstand all the propositions were referred JOHN H. CAMPBELL, to the Committee on Legislature, and deLEWIIS C. CASSIDY, sire to move that that committee be disLEVI ROO1KE. lcharged from the further consideration of THE LEGISLATIVE ARTICLE. the subjects, and that they be referred to the Committee on Commissions, Offices, iMr. BnROOALL. Mr. President: I move Oath of Office and Incompatibility of that the House go into committee of the Office. whole to consider the report of the Corn- The motion was agreed to mittee on the Legislature, which was up on Saturday and which was practically DILATORY PRINTING. postponed for a week, I think, probably, Mr. LILLY.'Mr. President: In connecwithout due consideration. I mak e this tion with the subject of printing, I beg motion because I believe that there is no- leave to ofifer the following resolution: thing else reported for the consideration Resolved, That the Committee on Printof this body, and I further believe that ing, &c., be instructed to inquire why the there are questions involved in that re- report of the Committee on Suffrage, port which will require several days' de- Election and Representation is not printed bating before any conclusion can be and laid on the tables of members, and to reached. report and apply a remedy against the reMr. BOYD. -Mr. President: I ask the currence of such neglect. gentleman from Delaware (Mr. Brooim- The resolution was twice read and agreed all) to withdraw his motion for a minute to. to allow me to make a motion. THE SUFFRAGE ARTICLE. lrl. BROO~riALL. Mr. President: I have The PRESIDENT. The first business in no obj ection to withdraw the motion tern- order is the consideration of the article reporarily to allow a motion to be made, itf orted b the Committee on Suffage, it does not involve discussion. Election and Representation on Saturday The PRESIDENT. The CohSair desires to last. Is it the wish of the House to prostate that in saying on Satlurday that ceed to the consideration of that article? there was no business before the ConvenMIr. KAI~'E. Mr. President: I move tion, he was substantially in error. The that the consideration of the report made business before the Chair would be the by the Committee on Suffrage, Election report of the Committee on Election, Suf by the Committee on Suffrage, Elecion report of the Co- and Representation, on Saturday last, be frage and Representation, made on Satur- postponed until it is printed and placed day last, but which has not been printed, upon the files of the members. and is not now on the files of members. The PRESIDENT. The report is not beCHANGE OF REFERENCE. fore the House and cannot be postponed. Mr. BOYD. Mr. President: Some days The motion therefore is not in order. The ago I offered a proposition creating the question is whether the House will take offices of Lieutenant Governor, a Commis- up the report or not. sioner of Insurance and an Inspector of The Convention refused to take up the Iron. These matters were referred to report. CONSTITUTIONAL CONVENTION. 525 TIHE LEGISLATIVE ARTICLE. Mlr. BROOMALL. MAir. President: If that is the case I will withdraw my moMr ]~ROOiALL. l~[r. President: I move tion. that the I-ouse go into committee of the whole, for the purpose of considering the COMMITTEE OF TIIE WHOLE. legislative article. Mr. MANN. Mr. President: I move Mir. HARRnY WHIITE. Mr. President: It that wes go into committee of the whole ccurs to me that this Inotion is riot il ~on the article reported by the Commnittee order'and cannot be entertained., inas- on Suffrage. The motion was agreed to. mnuch as the committee, on Saturday last, resolved to sit upon that article on next THE SUFFRAGE ARTICLE. Monlday. The language of the motion The Convention then resolved itself inadopted by the House was, I believe, "on to committee of the whole, Mr. Lavnext Monday week." If we do anything rence In the chair. in that respect, it seerns to mne that the The first section was read as follows: proper way is to move to re-consider, and SECTION -. Every male citizen of the I do not think we can reach this case in United States, of the age of twenty-one nalnyi other ma~nner. years, having resided in the State one While on the floor I would c11 the at- year, and in the election district where tentioni of the Convention to the fact that he offers to vote two months immethe chairlman of the Committee on Legis- diately preceding the election, shall enlature, for reasons relating to that depart- joy the rights of an elector, lbut an elector mlert, requested that the further consid- of the State who having rermovecd thereoration of that report be held over until from, and returned thereto, and who that timne. And I may remlark, further- shall have resided in the election district more, that his specific reason was that the as aforesaid, shall be entitled to vote after Committee on the Executive Department having resided in the State six months. lhad not reported, and that there are somne Provided, No naturalized citizen shall features of the report of that committee enjoy the right of an elector until one vwhich are necessary to make cormplete the month shall have elapsed fiom the time report of the Coulumittee on Legislature, he becomes a citizen. and also that some features of the re- THE WORD " TMALE." port of the Conlmittee on Suffrage, Election and Representation are equally nec- MXr. BrooM1ALL. rAI. Chairman: I move essary to complete the report of the Coli- to strike out the word "nale" frol the rmittee on Legislature, which this motion first liLe. of the gentleman from Delaware (Mr. MrI MAI'nLLISTER. MIr. Chairman: It Broomiall) Nwould now place before the avould seem to be proper that I should cominittee of the whole. The chairman state the reasonls for the mniy changes of the Committee on Legislature is absent. that have been Blade in this entire article He has this matter in charge, and I al as reported, or in the elemen sections afa(i(1we c}t nue prowress in muchwhich have been reported. I do not know debating this report at this time. I have klor oI feelinog about the matter, but it seemns Mr CAMPELL r. Clairma: to me that tie motio is not in order and the gentleman allow me to interrupt him so, souldnotbeentetied. for a moment? I wish to make a suggestion to the gentleman from Delaware, The PREISIDENT. The chairman is of (Mr. Broomall,) that he withdraw his opinion, as far as this point of order is motion to strike out the word "male" concerned, that it is in order to go into until the report of the minority of this conlmnittee of the whole at this time. The conmlnittee on this subject has been printHouse granted leave to the committee of ed and placed before the House. the whole to sit on Monday niext, but it is Mr. BRoOMIALL. M{r. Chairman: I have in the power of the House to go into comn- no objection to so withdrav my amendmnit~tee of tihe whole bfore that tuile. nment, but prefer to let it stancd as it is, The Chair will also state that the article though 1 hlave no desire to continue it reported by the Committee on1 Suffrage now if the time of the conmmittee is taken has j uist arrived, in print, and is being dis- up with other questions. tributed among the members, and there- Mr. CAMTPBELL. Mr. Chairman: I do fore it is possible to go into consideration not desire the subject disposed of until of that article at this time. the report of thie minority of the cornmmit 526 DEBATES OF THE tee, which was submitted this morning, is The leading objects, and the leading prinl printed and laid before the House. ciples involved in their accomplishment, Mr. M'ALLISTER. Mir. Chairman: Iwas I will now allude to; and, I think, I canproceeding to state that I did not know not better occupy the time of the commnlitwhether the remarks that I intended to tee of the whole than in bringing these make as chairman of this committee, giv- subjects to their attention. ing the reamsns which induced the comn- This I will attempt to do, as briefly as mittee to propose the many changesthat the exceeding importance of the subjects these sections contemplate, would be ap- will permit, involving, as they do, not only propriate to this amendment. I had de- the most cherished rights of man, but the sired to mlake these remarks as chairman, welfare and perpetuity of our republican prior to any amendment of a particular institutions. article, or to the consideration of a special The first section, it will be noticed, abolsection, and I therefore ask the gentleman ishes the tax qualification of the elector, from Delaware (hMr. Broomnall) to wvith- which exists in the present Constitution, draw his amendment until the articles but which the committee thought a relic of are placed before the committee in the our onrchicl and aristocratic origi way they should be presented. If that is -"Taxa ble inhabitants'' was the basis of repnot done, however, I shall proceed in the resentation. It is so in the present bonlremarks I intend to make. stitution. It was conceded by every meneI will say, Mr. Chairman, that the con- er of the committee, as it has, thus fr, sideration of this report seems to have been by every mern ber of the Convention, been precipitated upon the Convention at that the onstitutio is in error in v akthis time.. There seemed to be great haste ing "taxable inhabitants" and not popfrom certain quarters in reference to its ulation the basis of representation; but consideration. The changes suggested are ulatwon the basis of represt ntatht p n ut Ing.n,, it was alleged there that the payment of a exceedingly important. The third and tax should be mnade a condition precedent fourth sections are substantially the same to the exercise of the right of suffrage. as those in the present Constitution upon he of the The first paragraph of the first section those subjects. The remaining nine sections not only shes the tax qualification of are principally new, and involve material are principally new, and involve material the voter, but it limits the exercise of the changes. Now I am compelled to speak from a rough copy of this report. I have right of suffra o e to ale citizen A upon my table no printed copy, and there thus is raised two of the important questions in which there existed difference of is no printed copy upon the desk of any member in this section of the House, and opinion in the committee, and upon which I do not know how members can refer to there exists difference of opinion in the these articles when thev are alluded to. committee of the whole. The CHAIRMAN. The Chair will infor 1 I am sure, therefore, Mr. Chairman, the gentleman that the pages and other that I shall receive the attention of the officers are now distributing them and put- comlmittee in an humble effort to bring ting them on the files. before them the principles upon which Mr. MALLISTER. MIr. Chairman: I un- this portion of the report is based. derstand that, but it has not yet been done. For the sake of Lbrevity I shall try to Your committee, Mr. Chairman, realizing consider together the principles involved the responsibility incurred by proposing in the tax qualification and in woman's the introduction of so much new matter, right to suffrage. have given the subject very deliberate Those ewho represented the WVoman's consideration. We had one meeting in Suffrage association here before the comHarrisburg, and adjourned to meet inthis inittee directed their attention, and the place on the Friday preceding the meet- attention of the Convention, to the first ing of the Convention. We met on that and second sections of the ninth article of day, and the committee have met every the Constitution, in these words: day from that time until the making of ARTICLE IX. this report, on Saturday, and never failed to have a quorum at any meeting. After SEcrTIoN 1. All men are born equally a free interchange of views, as well upon free and independent, and have certain the objects to be attained as upon the inherent and indefeasible rights. means of their accomplishment, each sec- SECTION 2. All power is inherent in the tion now before the committee was put in people, and all free governments are the form in which it has been presented. founded upon their authority, and insti CONSTITUTIONAL CONVENTION. 527 tuted for their peace, safety and happi- passed, that population, and not taxable ness. inhabitants, should be the basis of repreThese are sections of the Bill of Rights, sentation. I will not, therefore, dwell which the Legislature deemed so sacred upon that point longer. that they would not trust it to our hands. We come, then, to the inquiry: What lHowever we nmay differ in relation to the is the foundation of the right of suffrage, power of the Legislature, or their wisdom and to whom should its exercise be esin the attempted prohibition, we certainly tended? do riot differ as to the inexpediency and In'England, sovereignty exists in Parimpropriety of allowing either of these liarnent, and they call themselves orllsections to be altered, and if we retain nipotent. No such claim has ever been them it behooves us to inquire who are set up by any legislative body in the the people in whom all power is inherent; United States. In our system of governon whose authority all governments are ment sovereignty exists in the people, founded, and for whose safety and hap- and the Legislature is limited by the orpiness they are instituted; what men ganic law of the several States. are born equal, free and independent, We are then brought to inquire as t-o having certain inherent and indefeasible the right of suffrage. Does it belong to rights? It is conceded, as I have stated, man because he is a man, or does it bethat all intelligent human beings are un- long to man because he is a tax-payer? der the protecting care of government, Does it belong to wornan-if the right of but who are entitled to participate in its suffrage l)e conceded to her-because she administration? If any are excluded, is a woman, or does it belong to woman why? because she is a tax-payer? The right of suffrage is, and all will ad- Is the right a natural right, or merely a mit, should be forfeited by crime, and conventional right? Our natural rights, especially by those crimes which strike Mr. Chairman, in an absolute and reat the purity of the elective franchise. stricted sense, are few, very few. Indeed, Such criminals are not therefore of the I know of no right that a man can claim, people, in whom all power is inherent. as an absolute natural right, except the The non-tax-payer, though under the right to breathe the air. He has the protecting care of government, is, by our right of locomotion, provided he does not present Constitution, excluded alikefrom trespass upon another man's land. He the right of representation and the right has a right to drink the water that flows, of' suffrage, and is not, therefore, of the provided it does not flow on another people, in whom all power is inherent. man's land. But I can scarcely conceive This being the organic law of Pennsyl- of an absolute right, except the right to vania, obedience is the duty of every per- breathe the air; other rights are reson under the protection of the govern- stricted. ment, whether with or without the right Whilst I will concede that the right of of suffrage. Viewed from a legislative suffrage is not an absolute personal right, or judicial standpoint, the inquiry, not- in this sense, I am here to assert that it is withstanding the above provisions of the a natural social right. It is by the exerBill of Rights, must be, what is the Con- cise of the right of suffrage that the indistitution? What is the foundation of the vidual passes from individuality to the right of suffrage? To whom is the right social state. It is a high exercise of of suffrage granted? The decision, what- that power; and when he goes into that ever it may be, binds the entire popula- social state it is by the exercise of that tion of the State. natural right that he is protected there in This Convention occupies, Mr. Chair- all his other rights. man, a different standpoint. The inquiry Now, Mr. Chairman, in the exercise of with us is not what is the Constitution, this right, we have man as a social being, but what should the Constitution be? and we have him in society, and what soWe are here, not to inquire what has ciety first? In the society of the family, been done, but what should be done. in the family relation. There he is found, And this brings us then to inquire, first: and there every man has been found, and What should be the basis of representa- every man will be found. Every man tion? I will not dwell upon that point, who comes into this world passes through because it was conceded in the commit- that, the most sacred of all relations upon tee, and seems to be conceded in the earth. That, Mr. Chairman, is not only a legislative article upon which we have sacred society; it is asecret society. It' is 528 DEBATES OF THE a society in which all are interested in the in a crowd, get to the election wincdow? welfare of the others-each one in the It might be trampled on by fifteen men, welfare of all the other members of the one behind the other. family. It is a society which all consult Again, Mr. Chairman, in bearing and for the interests of the whole. nursing her children, the mother is often. I claim that this family, in the exercise as unfitted to discharge the duties of an of their right of suffrage, cast the ballot elector as she is to discharge the duties of through the head, the representative of a soldier. We should, for these and many the fainily, making the family a part of other reasons, confer the right of suffrage thepeople, in whom all power is inherent. upon male citizens only. They are not cut off-the wife is not cut A word here with reference to the other off-the children are not cut oft: All are pre-requisites to the right of suffrage, in represented, and represented in accord- the first paragraph of this section, the payance with their interests. The family, mnent of taxes. I have already allulded to Mr. Chairnman, thus becomes the unit of the principle upon which the payment of the State. It is out of fiamilies that gov- taxes, as a pre-requisite to the exercise of erninents are framed, and without these the right of suffrage, is founded, and I shall family relations there can be no govern- not dwell further upon that; but I shall ments; none ever has been formed. It is ask the indulgence of the corn mittee whilst from these units that we call fuamilies that I refer briefly to a few of the Constitutions the government is constituted. of the States upon this subject. I have said that it was a secret society; The requisite of taxation is not found that it was a society in which each one in any of the States of this Union but deliberated for the benefit of the whole. five. It did exist in imany other States, It is a relation into which discord should but it is being gradually abolished never enter. It may, however, possibly from time to time and froIm year to enter; but when it does, the fewer dis- year, so that there are but five left. cordcant sounds that are heard beyond the They are Delaware, Massachusetts, Pennfamily threshold the better for the fiam- sylvania, Rhode Island and Tennessee. iiy and for the State. "A man is known by the company he Nowlit is proposed to throw an element keeps." It may be true with reference of discord into this sacred relation, to con- to States; and I do not myself desire that stitute the wife a voter in opposition to Pennsylvania should keep company with the wishes of her husband, and bring dis- Delaware and her whipping-po;tr nor putes and quarrels into the family. I ut- many other institutions that she now terly deny its policy, and for this reason, has; nor do I desire her to keep, company if there were no other, I would vote against even with Massachusetts in her free-hold the granting of the right of suffrage to qualification, which she still retains, or womnen. the substance of it; nor do I desire her to But there are other objections of equal keep company with Rhode Island, for alimportance. The point of honor in man is though after she incarcerated Dorr -within bravery. Physical ability ald: courage the walls of her penitentiary she madle are his distinguishing characteristics. He material changes, which somewhat libTris the natural protector of woman, andthe alized her institutions, she still retains natural defender of his country's rights. property qualifications, which are a disThe point of honor in woman is virtue; grace to any republican government. I A refined nature and a delicate sensi- am not here to allege that Dorr was not bility are her distinguishing characters. legally convicted and legally incarceraThese impart to the many excellencies of ted. The inquiry Of the court was, what woman the chief charm. I would not was the Constitution of Rhode Island, and harden that refined nature, and blunt what the offence of Dor'? And under that delicate sensibility by conferring up- those inquiries Dorr was legally found on woman the right of suffrage, which, if guilty; and that, too, although Dorr, in exercised, would compel her to buffet, common with a large majority of the citinot only with the rougher specimen of zens of Rhode Island, had honestly made her own sex, but with vulgar men, in her every possible effort to sectire proper and effort to reach the election window. To needed reforms; although a Convention confer this right would impose upon wo- had been called by the people to amend man the entire change of her dress. She the Constitution, after every effort had would have to assume the Bloomer cos- been made to induce the Legislature to tume. How could a lady with her trail, call it; after petition after petition had CONSTITUTIONAL CONVENTION. 529 gone up to the Legislature from a ma- that in all these States they have retained jority of the citizens of Rhode Island for other property qualifications, which have relief from organic laws, which, confin- been abandoned in Pennsylvania. We ing the right of suffrage to a very small have come down to the five cents, and yet portion of the people, although the Leg- it is claimed that we should continue to islature had turned a deaf ear to these retain this pre-requisite to the right of petitions; although a Constitution was suffrage, of which all other States in this adopted, and submitted to the people and Union, but those I have alluded to, have approved by them, and approved, too, become ashamed. I have dwelt longer even by a majority of those entitled to upon this section than probably I ought, vote under their old laws, still it was not but I have dwelt upon it solely from its the Constitution of Rhode Island, because exceeding importance. The report of the the Legislature of Rhode Island had not committee occasions me considerable emcalled the Convention or sanctioned the barrassment, from the fact that the printConstitution thus adopted by the Conven- ed report has just come to my hands, tion and approved by the people. And and I have been unable to make any notes therefore Dorr was convicted, sentenced upon it. and incarcerated. And why? Because A number of the sections have been the people could not be permitted to revo- framed for the purpose of preventing litionizethegovernment. IfRhodelsland fraud upon the ballot, and to preserve had been an independent government-if the purity of the elective franchise. The she had not been one of the United States- principle upon which the Committee on think you that Dorr would ever have been Suffrage acted in all these provisions was imprisoned? Not at all. It was the rela- to do all that was absolutely and indispention that Rhode Island bore to the'general sably necessary to accomplish these ohgovernment, and it was the intimation jects, and no more. They conceived that that came down from that government the preservation of the purity of the balthat the power the United States must lot-box, and the honest exercise of the recognize was old Legislature, not the right of the elective franchise, lie at the Legislature under the Constitution. And very foundation of our institutions, and therefore it was that the army of Dorr dis- that if they be struck down and corrupted persed, and that he was arrested and irn- by the rogue and villain, we may as well prisoned. The patriot was suddenly trans- surrender our republican government. formed into the felon. Representation will be a failure. We Still, Mr. Chairman, that effort at reform would have misrepresentation, and not led to the improvements in the Constitu- representation, and therefore the memtion of Rhode Island, but it is still a dis- bers of the committee were unanimously grace to a government calling itself repub- of opinion that whatever is necessary to lican, and, therefore, I desire that Penn- be done must be done, no matter how sylvania shall not keep that kind of com- burdensome and inconvenient to accompany. There then remains but one other plish these objects. Although I should State, and that is the State of Tennessee. have greatly preferred to have grouped The only thing I admire in the State of the different sections so as to have spoken Tennessee is: That although they have a upon more than one section at a time, tax qualification as a pre-requisite to the yet, under the circumstances in which I right of suffrage, the people have inde- am placed, I shall be compelled to take pendence of character enough to call it by them up separately, and comment upon the right name. Some of the five States them as I proceed. have a dollar tax, but they do not call it In the first section occurs the following by the right name. In Tennessee, how- sentence: "Provided, No naturalized ever, they call it just what it is-a poll citizen shall enjoy the right of an elector tax. It is the same tax that we have in until one month shall have elapsed from Pennsylvania, and the only difference is the time he becomes a citizen." In rein amount, five cents and a dollar. The gard to this portion of the section there amount can make no difference in the was at first a great diversity of opinion in principle. It is a poll tax in the one case, the committee. Various times were and it is a poll tax in the other. It is a named. Six months, four months, three personal tax in both cases. Other States months, two months, and one month were have a poll tax of a dollar, but Tennessee named, and some of the committee opcomes up manfully, and calls it by its posed to any time whatever. right nane to her credit. It will be found Quite a number would have voted. 34 530 DEBATES OF THE against any time rather than have a long- court and easily identify every ballot. er time than one month. But finally The adoption of this section, it is believed, the committee almost unanimously will accomplish this result. Every balagreed upon the section as it has been re- lot can be identified by the elector who ported, believing that vigilance will sup- writes his own name, or by the elector ply the lack of time, and that any evils who writes the name of another. There which may arise can be corrected. There- can be no change made in any of the balfore one month was agreed upon almost lots for the purpose of committing a unanimously in committee. The second fraud upon the contents of the boxes section reads: "All elections of the citi- without prompt means being furnished zens shall be by ballot; the ballots voted of detecting the fraud. It was argued may be open or secret, as the electors may in the committee, and it will, no doubt, prefer, and they shall be numbered by be argued here, that this will destroy the the election officers when received. Each secrecy of the ballot. It will to some exelector shall write his name upon his bal- tent, I admit, and although it has been lot, or cause it to be written thereon, and said that the election officers will be able attested for him by another elector of the to ascertain the nature of the ballot, I do district, who shall not be an election offi- not know that this necessarily follows, cer." When this proposition was first unless the name of the party for whom mooted in committee it had but few ad- the vote is cast is taken down by the oflivocates. The more it was considered, cers. The number of the ballot will be and the greater the knowledge acquired taken down, and by this and its endorseof the frauds perpetrated in elections, the ment it is to be identified. greater seenmed the impossibility of guard- It is not at all necessary, it seems to ing against them in any other possible me, that the contents of the ballot way than this, and the more convinced should be known to the election officers the conrmittee were of the necessity of but if it were, then they could be sworn reporting the section as it has. to secrecy. There is no necessity for the In the opinion of the committee this exposure of the ballot until it comes into section will preserve the secrecy of the the court for investigation, and there neballot to as great an extent as is consistent cessity requires the exposure. with the detectionof fraud. If the frauds on the ballot-box call be detected' in any law for the registration of electors, but no other manner than is provided for in this elector shall be deprived of the right to section, the committee is not desirous of urging upon the Convention its adoption The CHAIRMAN. Does the Chair unas a necessity. The great difficulty in the derstand the gentleman from Centre to past has been in ascertaining when the desire to go over the whole bill and disballot-boxes were produced, where and in cuss every section?'what manner the frauds had been committed. Mr. M'ALLIsTER. Mr. Chairman: I want to give the reasons which induced It was represented in committee, by'those who had facilities for obtaining the information, that instances are known The CHAIRMAN. The Chair has no where election officers have been bribed wish to confine the chairman of the Comto allow parties to take the ballot-boxes mittee on Suffrage, Election and Repreinto an adjoining room, change their con- sentatioii to the discussion of the first tents, or rob them of every vote that had section unless objection is made. If it is been deposited in them. This section the wish of the committee to allow the proposes, therefore, to place the contents gentleman from Centre the privilege of of the ballot-box in such a condition that discussing the entire report the Chair has when opened the officers of the court can no objection. have the means of detecting whether any Mr. HARRY WVHITE. Mr. Chairman: frauds have been perpetrated upon the Will the gentleman from Centre give way elective franchise. The committee knew a moment? I think that the chairman of of no way by which this could be done the Committee on Suffrage, Election and better than by affording a means under Representation should have the privilege which the voter himself could be called of explaining his full report, and I subbefore the court, and if he could not write, mit to my friend. the gentleman from Delaa means by which an elector of the pre- ware, (Mr. Broomall,) that he withdraw cinct or district could be called before the his amendment, for the present, for the CONSTITUTIONAL CONVENTION. 531 purpose of letting the gentleman from registration laws. And yet it was deemed Centre proceed. essential, indispensable, that a registry Mr. BROOZMALL. Mr. Chairman: That should be made of the electors, with the cannot be done now, but, as I understand view of affording the citizens of a district the rules, the chairman of any committee an opportunity of inquiring into the has a perfect right to explain his whole places of residence of the proposed elecreport, and go over the whole subject in tors. The time, as many other things in committee of the whole. all these other sections reported by the The CHAIRMAN. The Chair will give committee, is left to the Legislature. the gentleman from Centre that privilege There is no one thing in our report that unless some gentleman makes objection. does not require legislation. The comMr. BROOMXALL. Mr. Chairman: Isug- mittee did not consider themselves as gest that, by the rules, he is entitled to it codifiers. anyhow. They simply establish certain principles Mr. M'ALLISTER. Mr. Chairman: I to be carried out by the Legislature, by certainly have no disposition to trespass enactment of laws under these requisiupon the attention of this Convention. tions, and all that they required in this The CHAIRMAN. The Chair desires the was a registration of the voters, with a gentleman to understand that the Chair view of furnishing that information has no desire to stop him at all, and would which is indispensable to the detection of prefer him to go on. The statement was frauds at a coming election. But while made to the Chair, by some gentleman this registration was thus conceded to be on the floor, that the chairman of the necessary, it was unanimously decided, Committee on Suffrage, Election and in committee, that it should not deprive, Representation was discussing the whole as in the past it has deprived, men otherbill. wise qualified to vote, of their right to do Mr. M'ALLISTER. Therefore, Mr. Chair- so, and therefore the above provision. man, I suggested that the amendment be Then comes the section in reference to withdrawn, because I saw the embarrass- the bribing of voters, the giving or offerment in which I would be placed by it. ing to give to an elector any money or I conceived it to be my duty to make consideration for his vote, or for its withthese explanations, and therefore felt holding at an election. The section is a embarrassed by the position in whih the little more voluminous than the comnmitamendment placed me. tee could have desired, and yet it seemed The CHAIRMAN. The gentleman from to be necessary that it should be so exCentre will go on unless he is checked. tended to meet every possible case. It is Mr. WOODVARD. Mr. Chairman: I not necessary that I should go into the desire to ask the gentleman from Centre verbage of this section. It may be if the Committee on Suffrage, Election amended with advantage, but it seemed and Representation have considered viva indispensably necessary to throw this voce voting as a means of preventing shield around the exercise of the right of frauds at elections. suffrage. It was stated in committee, by Mir. M'ALLISTER. Mr. Chairman: The many members of the committee, that in Committee considered the question of many counties in the interior of the State viva voce voting very fully. Indeed, my the purchasing of votes, in closely conrecollection is that there was no member tested districts and closely contested counof the committee who, when the subject ties, has been and is a common practice, was before it, did not share in the discus- and that the price of votes have ranged sion of the subject. But there were so from five to fifty dollars. Acting upon many objections raised to it that it was this information, and upon this basis, the thought inexpedient to report a section committee reported this section as indisincoporating that idea. I do not think it pensably necessary to the protection of the necessary that I should occupy the time the honest voter, disfranchising the perof the committee on that subject, as my petrator of the wrong,who, in these words, colleagues can answer any argument of "shall thereby forfeit the right to vote at my friend from Philadelphia, (Mr. Wood- such election." ward,) or any other gentleman who pro- Then came the question, shall he be poses that view. pardoned by an Executiv,e whose office To return to the subject of the registra- was secured, perhaps, by the very fraud? tion of voters. Evils have existed, in Shall the Executive have the right to partimes that are past, growing out of our don? No gentleman on the committee .532 DEBATES OF THE and no one in this assembly, could pre- him in a situation in which he would not tend that he should. Then should he be be likely to obtain a pardon improperly. forever deprived of the right of suffrage, Then, asto withholding testimony: "In without the hope of relief, no matter cases of contested elections no person what the circumstances? Here we had shall be permitted to withhold his testitwo alternatives-leaving to the Execu- mony upon the ground that it may crimitive the pardon of his own accomplices, if nate himself, or subject him to public inyout please, or depriving him forever of famy, but such testimony shall not afterthe right to vote. It seemed to the com- ward be used against him in any judicial mitttee that the provision with which this proceedings." It was thought that the section concludes would meet that fully, nature of this crime and its character, as "shall thereby forfeit the right to vote at striking at the very life of our institutions, such election, and any elector whose right at that which we hold most dear, at that to vote shall be challenged for such cause onwhich all our institutions depend, justibefore the election officers shall be re- fy the people in requiring a voter to tell quired to swear or affirm that the matter what he knew about frauds at an election. of the challenge is untrue before his vote And therefore it was that we compel all shall be received." who participate in these frauds to testify. I thought it was a proviso, but I mis- Now it was said, and it will be said, that stated. I beg the pardon of the Conven- you cannot depend upon the testimony of tion. That is another section. I was speak- men who are guilty of these crimes. I ing of the proviso in another section-I admit that those -who purchase votes at thought it was in this. the election polls, to turn a doubtful conI have a word further to say upon the test and secure a victory in a doubtful dissection under consideration. It was con- trict, cannot be depended upon. But the ceded that the right which was forfeited masses who come in from the country by this section could not be tried at the round can be. We had evidence that twenty election board. There was no one could five farmers come in at one election poll, pretend that it should. But where the and take compensation for their votes at right is challenged on that ground, it was an election held in the last year, and these thought right to put the man who claimed men would not swear to a lie. Theywere the exercise of that right upon his oath induced thus to act under the belief that as to the truth or falsity of the cause of they might j ust as well make some money challenge. If he swear that the subject out of this thing as anybody else. Withmatter of the challenge is false, then he out reflecting on the enormity of the crime votes. No matter how the fact may be, they come in and take the money, but if he votes. But he is liableto the pains and called up to testify in an investigation of penalties of perjury in a future prosecu- the fraud, they would still testify to the tion if he swear falsely. It leaves him in truth,if relieved from the pressure brought hands of the law, but his right to vote to bear upon them by those who seduced shall not be further inquired into at that them from the path of virtue, and who poll. This seemed to the committee to be now come to them and say, "if you testiright. fy, if you open your mouth upon this sub"Every person convicted of any fraudu- j ect, you will be in prison within an hour, lent violation of the election laws shall be and in the penitentiary before a year." deprived of the right of suffrage, but It is this threat thus made to the man such right, in any particular case, may be who has been seduced that prevents the restored by an act of the Legislature, two- detection and punishment of these frauds, thirds of each House consenting thereto." and by removing the penalty, by taking This is the provision to which I alluded in this instrument out of the hands of the nmistake. It was thought, for the reasons villain, will secure his conviction and his that I have given, and I will not repeat punishment, and prevent the frauds so them, that this was the best dispositipn to common upon the elective franchise. be made with reference to pardon. That I will now refer to the provision relatit should first be an act of the Legislature, ing to the election of managers and direcrequiring the assent of the Governor, and tors of incorporated companies-private that it should also require two-thirds of corporations. each House before the pardons could be Although there were differences of opingranted. It would not place the fraudu- ion in reference to this mode of election, lent voter, whether guilty or innocent, be- the free vote in its application to general yond the hope of relief, but it would place elections, there was no difference in the CONSTITUTIONAL CONVENTION. 533 committee in reference to its application ber of the committee who was present at to private corporations. There are great the time, and when the question was evils to be remedied in these corpora- voted upon the committee was full or tions, whether banks or railroads, or any nearly so. I believe a minority report has other corporations. The securing of a been made in reference to this by one mere majority of the stock at present member who was not present when this enables the majority to rule the minor- matter was discussed. ity of the stockholders with an iron The next and last section, Mr. Chairhand, and in any of these corporations, man, is for the relief of cities, and espewhether solvent or insolvent, the custom cially for the relief of the city of Philadelof certain individuals, including the offi- phia, for it was not urged for any other cers, for they are always the creatures of city. There was an indisposition in the the majority of the stockholders, the prac- committee to countenance or connive at tice has been to secure a mere majority of any local laws. It was thought best that the stock, and securing that, to secure all we should have general laws, and therethe directors, and then to govern the insti- fore this provision. tution and to do it absolutely and to the " Wards of cities or boroughs, and towninj ury of the minority of the stockholders. ships, shall form or be divided into elecThis was felt to be a great evil. It was tion districts of compact and contiguous so felt in Illinois prior to the adoption of territory, in such manner as the courts of her Constitution, and therefore she put in common pleas of the city or county in this provision, which is said to have which the same are located may direct. worked well there. This section is copied Provided, That all districts in cities of over from the Illinois Constitution upon this one hundred thousand inhabitants shall subject. It merely enables the minority be divided by the courts of common pleas of the stockholders to secure a representa- of said city, whenever the preceding election for themselves by cumulating their tion shows the polling of more than two votes, and casting them for just as many hundred votes." directors or managers as they can elect. " Shall be divided by the courts of com*Under the present system they are com- mon pleas." The gentlemen who represenpelled to cast their votes for so many that ted Philadelphia in the committee unanithey can elect none. mously agree that this power could be well All that is provided for by this provision deposited in the courts of common pleas, is that unjust requisition shall be re- and they doubted the expediency of plamoved; that every stockholder shall be cing it anywhere else. Theyinsisted upon allowed to cumulate his votes and cast the requisition that the polling of two them all for one, or cast them all for two, hundred votes shall require a division of or cast them all for any number that can the precinct, in order to bring the precinct be elected by those who act with him. into such limited bounds that they can There will always be a minority in the be enabled to'guard against and detect board, but the views of the minority will fraud upon the elective franchise. Indeed, be heardthen and there. If there be frauds it was insisted by one gentleman in the perpetrated by the officers, or if there be committee,who represented Philadelphia, -frauds connived at by the managers of the that instead of two hundred it should road, the representatives of the minority have been one hundred, and that one hunmay be cognizant of it. It cannot be done dred was necessary to secure the result at without their knowing it. Now it can be which we all aimed; but upon further done without their knowledge. What can consideration he agreed to make it two a stockholder, who has not participated in hundred. But this would not do for the the election of directors, who has been cut country. Our election districts in the off from being heard at all, who has no re- country are generally townships, and frepresentation, what can he know of the quently poll four or five hundred votes, transactions of the board of directors? and therefore, to make the provision uniNothing at all. But if you give to the mi- form, it was left at the discretion of the nority the power of electing an epitome of courts, on the application of citizens whose themselves, men who will represent them, interests were to be affected by it. then they will be heard; they will have I have thus summarily gone over the a voice in the board, and they will have report, not as I desired, not as I should means which they do not now have. have done if time had been afforded me It was for these reasons that this just for collating the sections, and concentraprovision commended itself to every mem- ting my remarks upon certain defects. 534 DEBATES OF THE The consideration of this report at this do any good, but according to the rules, time was unexpected to me, because I as I understand them, it cannot be done; knew that it had not been printed. I and besides that it is not in his way. supposed that no member of the Conven- The CHAIRMAN. The Chair has so intition would call it up and urge it on until mated to the gentleman. the members had had an opportunity of Mr. CAMPBELL. That will answer my reading and comparing the sections re- purpose just as well. Several of us in the ported, each one of which bears upon an- committee were of the opinion that a two other. Of the provisions to protect the months' residence qualification of an elecballot box and guard against fraud, no tor in the immediate election precinct was single one will reach the evil, or prevent too long. The committee finally agreed the fraud. WVe hope that, taken together, to report the time of two months. Some and taken in connection with sections of us, myself at any rate, intended, in the that this committee hope yet to report, commnittee of the whole, and I shall do so the desired end can be accomplished. as soon as it isin order, to move an amendMr. CAMPBELL. Mr. Chairman: Before ment, to make that one month instead of the chairman rose to explain the different two. My reasons for that are these: There sections of this report, I made a suggestion is another section of the report that prothat we postpone action upon this first vides for very small election precincts in section until we had the report of the nli- cities of large population, election prenority of the committee upon the question cincts containing two hundred electors, of striking out the word "' male." and when an election shows that over two If it is the sense of the Convention now hundred votes have been polled in an I move that the commiittee rise, report election precinct, it shall be the duty of progress and ask leave to sit again. the proper authorities to sub-divide that The motion was not agreed to. precinct. If a provision of this kind is Mr. CAMPBELL. Thenl do not wish to- adopted, making the immediate election dav to enter into a discussion of the single districts very small, there is no necessity question now before the Convention to for the requirement of two months' resistrike out the word "male" firom this dece in that precinct. The object of a section. I wish to have the consideration qualitication as to residence at all is for of the matter postponed in an informal the purpose of identifying the voters who way, if the committee so desire, until to- present themselves at the polls of the dismorrow, and that the debate shall con- trict and ask to vote. tinue upon the remaining parts of this Now if there are small election presection, so that it will not be brought to a cincts provided for, as I hope there wil, vote to-day, upon striking out this word be, two months' residence will be too long, " male." We desire to have a fuller meet- because it is, in the first place, unnecessaing of this committee, and as there will be ry, the provision requiring small prea number of gentlemen who will desire cincts allowing every voter in the preto address the committee on this subject, cinct to be identified either by the election we would prefer to have the discussion officers or by some other elector in the come up to-morrow, when we shall have precinct. I am willing that a residence a fuller attendance. We shall then be qualification of some kind should be readyto proceed. If now in order, I shall adopted, but I think that going beyond proceed to the discussion of some of the one month is entirely unnecessary, and is other points of this section. too great a restriction upon the rights of The CHAIRMIAN. The first section? electors, and especially upon the rights of Mr'. CAMPBELL. Yes, sir. Is it in or- poor men. It is a well known fact that der now to proceed to the discussion of in large cities, and especially in Philadelsome of the other points of that section? phia, with which 1 am more especially The CHAIRMAN. Certainly; the first familiar, there are numbers of poor men section can be discussed fully; any por- continually removing from one precinct tion of it. to another, and as we have in Philadelphia Mr. BROOMALL. 1 would suggest to the no specific time of the year, as they have gentleman that every part of the first sec- in some sections of the State, in which retion is before the committee. There are movals will take place, the consequence several questions in it that will require is that poor men are compelled to move discussionto-day. I would accommodate in every month of the year. They are the gentleman by the withdrawal of my frequently compelled to move a short amendment if it could be done, or could time previous to the election, and out of CONSTITUTIONAL CONVENTION. 535 the utmost necessity. Sometimes a poor must look to the rights of the poorest man will have to work in a certain section class of the people, who are really the of the city, engaged there, perhaps, in a greatest number of the people. The manufactory of some sort, and will re- point to be attained is to identify the quire his residence to be changed, per- voters at the several precincts, and to prehaps, but a few weeks before the day of vent the frauds of colonization, false perelection; by an absolute necessity of life sonations, voting of repeaters, &c., of he is compelled to remove to some other which we so loudly complain, and which section of the city, in order that his resi- are the crying evils of these times. But dence may be near some other manufac- identification of the voter can be accomtory in which he has obtained work. Such plished, not so much by the fixing of a men are not counted by the dozens or time of residence, but more successfully scores but by the hundreds and thousands, and more perfectly by having small elecand they are moving in every month in tion precincts, bringing every voter the year. Therefore, I take it that if you down, as it were, to the acquaintanceship have a residence qualification of too.great of his neighbors. If you have small eleca length of time, as two months will prove tion precincts, what will be the effect? A to be for that class of persons, you prac- man comes up to vote; the election ofitically disfranchise a very large number cers are there; some citizens of the preof people of the city of Philadelphia, and cinct are around the polls; and it will of other cities. I say you practically dis- not be one case in a thousand where the franchise them, you absolutely deprive voter will not be personally known to them of the right to vote, just because somebody there. they are so poor and so unfortunate that Therefore I hope that, when the vote they are forced to change their places of comes to be taken on, this question, the dwelling within two months of election committee will consider the serious matclay. To use a familiar example, taking ter of the disfranchisement of this large the election precincts of Philadelphia, we, class of persons of whom I have spoken,and find that at every election, even with the that the time will not be fixed at more ten days' qualification, you find numbers than one month. This committee should of poor men and others are practically dis- take into consideration whether the real franchised, because they have been com- practical way of getting at and preventpelled to remove their residence within ing the frauds that are now perpetrated the prescribed ten days. With our old would not be to have small election preConstitution I hold that it was right to re- cincts, with a limited time of residencequire some short residence qualification not too long to work injustice, but long for a voter; and that there' should be a enough to take away the restrictions very few disfranchised, as few as it was from honest voting-abolishing all unjust possible to be so, consistent with the good registry laws, and other laws that, pracof the whole community. But the mo- tically, disfranchise a great many of the mnent you get beyond the ten days, or the people. month-I am willing to accept a month- 1 will not speak further to-day on the the wrong is extended to a large number. subject of this section. I have some You are disfranchising, under the old further remarks to make about the proConstitution, only the few that move with- viso to the section, and I wish also to be in the ten days; but if you extend the heard upon the question of striking out time beyond a month, or up to two, three the word "nyle," for which I am in favor. or six months, as some gentlemen favor, As 1 have stated I presented a minority reyou disfranchise a large number of citi- port favoring that idea, signed by three zens whom you have no right to disfran- members of the committee. I wish, and chise. We have to look not only to the they allprobablywish,asanumberofother purification of the elections but to see gentlemen doubtless wish, to be heard on *that we do not disfranchise a large num- the subject, and I would wish, therefore, ber of men who are so poor that they can- that the vote be not taken on this subject not live in one place for a long time. until to-morrow. I say it is not fair nor just. Wv'e must Mr. SIMPSON. Mr. Chairman: The imnot look to the convenience merely of the mediate proposition before the committee rich people of the community,.or the peo- is to strike out the word "male" in the.'e who have fixed residences, and those section as it has been reported by the *:who remain for years in the same dis- Comimittee on Suffrage. I propose to vote trict, for years in the same house. We against this amendment, and before doing 536 DEBATES OF THE so I desire to give the reasons why I shall exercise of' this right is the fact that very so vote. I am entirely willing that this imany of our best citizens, who have the question shall be submitted to the vote of right to vote, refrain from attending the the people, in order to determine whether elections, and bad men are const:antly this word shall remain in or be stricken elected to office in consequence of their from the article of suffrage in the Con- neglect in the performance of this duty. stitution, before it becomes the organic If the election returns of our Commonlaw of the State, but as a representa- wealth, for a series of years, are examtive upon this floor, I cannot, and will ined, it will be found from the changes in not vote to submit a Constitution to them the number of votes cast at various elecwithout the word "male," or its equiva- tions that in the very nature of things lent, in its suffrage article, thus giving the there must be a very large proportion of right of suffrage to all classes of citizens, the citizens of the Commonwealth who irrespectiveof sex. Ithas been claimed by scarcely ever attempt to vote. A very very many distinguished gentlemen that large percentage, I suppose I may say the right to vote is an absolute right be- front twenty-five to thirty per cent., longing to a freeman, and it is just at this and yet these very citizens who fail to point that I desire to take issue with attend the elections are the first to cornthem. Ihold, althoughitmayseemsingu- plain of the nomination and election of lar, that no man has an inalienable right bad men to office. If a bad man is nomito vote because he lives in a free country, nated and elected they are the first to raise here or elsewhere. It does not belong to their voices in indignation, but yet they him of right. It is simply a privilege are the men who bring about this very reconferred upon the voter by the organic sult by failing to attend the primary eleclaw of the State, or by the supreme power tions in the first place, and the general for the purpose of securing the best inter- elections when improper candidates are ests of the whole number. placed in office. The supreme power of the State decides Is it to be presumed that if the right of that certain persons only shall vote, and suffrage was extended to entire families at the same time prescribes certain quali- of our citizens it would have the effect of fications of age, mental or educational ca- bringing any greater proportion of voters pacity. If the word "male" is stricken to the polls during times of election than out of the section, it will read that every is now the case? I think not, and I fear citizen of the United States, without re- that instead of securing good results to gard to sex, shall have the right to voteif the body politic, the extension of the they come within the remaining provisions right of suffrage would only add msore of the section, and to that I am opposed. corruption to that already in existence. I am opposed to it because I believe it It would only increase the number of would be impractioable. In addition to thosewho do not exercisethe right tovote the opn of intelligently. I feelconvinced that every the committee that originated this article, meber upon this floor must admit that when he addressed the committee and there is truth and some degree of force in spoke of the danger of bringing discord these views. I am entirely willing, as I into households by the adoption of such a have said, to submit this distinct question provision in the Constitution there are to the people, but I shall vote against other reasons why I shallvote a-gainst the striking out the word "male" in the seepending proposition. 1 consiner that very tion reported by the committee. If the rmany intelligent and high-toned women citizens of this State are in favor of woin the State claim the right and desire to man suffrage they can so decide, by their exercise the right of suiffrage. I fear that votes, when this independent question is if the right of the elective franchise was submitted to them; but if they are opconferred upon the women of the State posed to this extension of the right of the that it would be exercised mainly by the elective franchise, I submit that it ought degraded, the vicious and the corrupt. not to be imposed upon them, and if subThe women who cared nothing for their mitted as a part of the Constitution, characters would be the ones to rush to might result in the rejection of the entire the polls, while the refined women of instrument. households, the mothers of families, would Mr. HARRY WHITE. Mr. Chairman: I remain at home and permit the election move to amend the first section,by striking to go by default. One of the principle oh- out the word "male," in the first line, and jectionable features that exists now in the inserting the word "freeman." CONSTITUTIONAL CONVENTION. 537 Mr. Chairman, I desire merely to call I cannot believe that the granting of all the attention of the committee to the fact the privileges of suffrage to the members that this amendment will relieve the Con- of families, without respect to sex, in this vention from the necessity of voting di- broad land, will produce the result which rectly on the proposition to strike out the has been predicted upon this floor. word "male," and supplants the expres- I did not propose, in rising, to discuss sion used by the committee in their re- this question. I am perfectly willing to port by the exact word used by the fra- vote upon the proposition as it has been mers of the Constitution of 1837. I prefer presented by the committee; but when the expression in the old Constitution my- the time arrives I shall exercise my right self. I do not desire to enter into an argu- to express my sentiments fearlessly in rement upon thissubject. Ihavenospecial gard to this question. I intend at that argument to make. It seems to rme quite time to advocate the submission of this proper to avoid, if possible, instilting un- question of female suffrage in a separate necessarily the very large and respectable proposition to the people of this Commonportion of the community who have ad- wealth, in order that they may themselves dressed this Convention in behalf of fe- determine to whom this right of the electmale suffrage. I do not care to express ive franchise shall be extended, for I bemy views upon this subject at this time, lieve in the people,, and can trust in their but it seems to me that the insertion of intelligence to make all things right in of the word "male" in the section at this the'end. time is a direct fling at this intelligent Mr. MIACCONNELL. Mr. Chairman: I portion of our citizens. We can relieve was heartily in favor of this section of the ourseleves, I think, from any charge of a article reported by the Committee on Sufwant of respect in this connection by frage, as it stood before the amendment adopting, in lieu of that expression, the was proposed by the gentleman from Inprecise expression which was used in the diana (Mr. Harry White.) I think his old Constitution of 1837, and the Constitu- amendment is an excellent suggestion, tion of the United States. Therefore I am and I shall vote for the section without in favor of the word "freeman," instead any reference whatever to the question of of the word "'male." female suffrage. Mr. MANTOR. Mr. Chairman: I have I shall vote for submitting the question listened, with much interest, to the re- of female suffrage as a separate proposimarks of the honorable chairman (Mr. tion, if it is untrammelled with anything M'Allister) of the Committee on Suffrage, else, either to the'voters who have the right Election and Representation; also to the to vote under our present Constitution, if remarks of the gentleman from Phila- it so pleases the Convention, or to them delphia (Mr. Simpson.) I must confess and the females who are over the age of while I find many things to approve in twenty-one, and who are citizens of the this report, I feel it due to a certain class United States, and have resided within in this Commonwealth, that they shall this State the time required by the preshave a fair hearing before this Conven- ent Constitution. I would do that, if for tion, and'before that tribunal which will nothing else, to quiet the agitation on the sit in judgment on the workwe are doing subject. It has been agitated for years, here. Difficulties formerly existed in and it is being agitated more and more framing or altering Constitutions with every year. It will have to be met some regard to the word "white." Thisis par- time. If we do not meet it, it will have tioularly true of almost all the northern to be met within a very few years by some and western States, but that difficulty other body. I would meet it in the way I was removed by a proclamation of the have expressed. I would send it to the President of the United States, and the people, and if they want female suffrage war power of the Government. I would allow them to say so. I would Now, Mr. Chairman, as the result of the be satisfied with either. At the same war and the emancipation proclamation, time I am free to say that if it is submitted every male citizen of this country has the to us in Convention for a direct vote, I right to vote, for in every State the word shall vote in favor of the females having " white" has been stricken from the Con- the right of suffrage. stitution, and there remains now the other I would do so for a good many reasons word "male'Vin this report, which has, that I could state, but which I will not to-day, for the first time, come before the recite now. I have never been able to Convention for discussion in this report. see the consistency, Mr. Chairman, of al 538 DEBATES OF THE lowing an Irishman or an Englishman to most indefinitely. But I shall not do it; come to this country, it may be out of the I do not think it is necessary. I merely poor-house, the alms-house, the jail or rose to explain the vote that I shall give, the penitentiary, if they have penitentia- and to state some of the reasons that move ries over there, and-when he has been me to give that vote. here five years get naturalized, go to the Mr. MANN. Mr. Chairman: I had not polls and vote. But if Queen Victoria intended to take any part in this discuswere to come here, get naturalized, and sion, designing simply to vote without go to an election and offer to vote, she any comments whatever, trusting to my would be hurried away. This may be general course in this Convention to exright, it may be consistent, it may be plain my vote upon this subject, but the reasonable, but I confess I cannot see it. debate has so shaped itself that I desire to I wouldl believe that if Queen Victoria make a few remarks at this juncture. has capacity enough to govern the Brit- I propose to vote for this section as it ish Empire, there would not be much stands, not because I approve of it entiredanger in allowing her, if she would come ly, but because it has received the considto this country, renounce her allegiance eration of an important committee of this to her own government and swear alle- body, a committee of various shades of giance to this country, the same right of opinion. They have agreed to it, and we suffrage that we give to one of her male shall have to agree to some section of this subjects. May be I am mistaken, blut kind. I have no doubt that we are as well that is the way I look at it. represented in that committee as we can Some of the ablest monarchs that ever be, and I am willing to accept their reruled in Europe have been women. Eliza- port; but I am not willing to take it for beth, of England, Catharine, of Russia, the reasons which the chairman of that and Maria Theresa were rulers of great committee, the gentleman from Centre, ability and acknowledged power, whose (Mr. M'Allister,) has this morning given countries prospered under their guidance. in its favor. When I listened to him I If women have capacity sufficient to gov- thought of the advice given by an old ern huge empires, and to govern them counsellor at law to a young student in well, I would say that they are fit to vote his office who wasabout to leave. Said the at a township election. That is the way it counsellor to him: "I want now to give strikes me, and therefore I say if it is you a little additional pieceof advice that the will of this Convention to submit the I have not given you in the course of your question as to whether females shall vote studies. Very likely you will be so fortuat elections, I shall vote for it, because you nate as to be appointed to a position upon know we are all sovereigns in this part of the bench before a great many years, and the world, and all stand on an equality I want to urge upon you this point: with the monarchs of Europe, so that the Never give any reasons for your decisions, females, as I take it, stand on a level with for while I think your decisions will be the fenale mnonarchsthere. If you apply generally right, I am very much afraid the same argument here that is applied to that the reasons you would give for them them there I think that we will run no would be very frequently wrong." risk about degrading the morals of the [Laughter.] Now I accept the decision females who would like to vote at elec- which the chairman of the Committee on tions. There has been a great deal said Suffrage, Election and Representation has on the subject of womanly degredation made in giving this section to us, but I as the result of participation in elections, dissent entirely from the reasons he has but I see no force in the suggestion. I have presented for so doing. His decision is never seen anything about elections in right, but I think his reasons are decidedour part of the State that would utterly cor- ly wrong. rupt or degrade females who would desire I shall vote against the amendment and to participate in them. It may be that my against the amendment to the amendobservation has been narrow, that it has ment, and to retain this word " male" as been one-sided, or that it has not been it stands. While I am myself in favor of sufficient to enable me to form a correct extending to all persons in the Commonjudgment, but that is the way the propo- wealth, of equal character and conditions, sition looks to me. the right of suffrage, and always have I could offer other reasons in support of been, I understand that nr duty here is female suffrage, and in fact could extend not to vote my own personal convictions my remarks in regard to this matter al- into the Constitution of Pennsylvania, but CONSTITUTIONAL CONVENTION. 539 to represent, so far as I can, what I believe entire floor, but they somehow managed to be the sentiments of the people. I have to keep step to the music, for two or three opposed some other provisions reported hours, with these trains, and I heard of here by committees, because I believed no accident. [Laughter.] If they can go they did not do that. They did not through such miracles as that seemed to put into the sections which they report- me to be, with no accident occurring, ed the convictions of the people, but surely they could go safely to the polls put in their own, and they asked us to and vote. There is absolutetly nothing vote upon our own personal convictions in that reason. It is unworthy of being rather than to represent the people. Now put forth as an argument. I believe that the people of Pennsylvania It was simply because of the reasons have asked for no change in this respect, given for excluding them from the exerand that they do ask for the precise ]an- cise of the right of suffrage that I rose to guage of this part of the section under make these remarks. Being upon the consideration. The committee have fairly floor I have another word or two to say and properly reflected the sentiment of upon this subject. I shall vote for thisprothe people of Pennsylvania in the opening vision, as it stands, for the same reason words of this first section: "Every male that I voted against other reports of comcitizen of the United States," &c., and be- mittees that were made heretofore; for cause they have reflected the wish of the same reason that I voted against fixthe people, as I understand it, I will vote ing a uniform day for holding the spring for the section, although my own per- elections. I confidently assert the peosonal convictions are that it is wrong, and ple did not ask for any such change as that no man can give a good reason why that, and it ought not to have been put in he should have the right to voteand at the the Constitution. So the people did not same time exclude his equal associate, ask to have the right of suffrage extended who happens to be a woman, from the to women, and therefore that should same right. not go into the Constitution. The peopleI have never heard a good reason given did not ask for it, and it is our business for this distinction, but I think, Mr. to reform only such existing evils as the Chairman, that some of those given this people have demanded, and to allow the morning are the poorest I ever listened present Constitution to remain as it is to. One was because of the long trains to when there is no call for a change. In their dresses. Why, sir, we do not think my opinion this Convention has commit-' that a trailing dress unfits woman for ted a blunder in departing from that rule many other duties which, it seems to me, of action, and I was very glad, the other are quite as difficult to perform as the act day, to see some disposition to return to it of voting. It has been said that they will in the question in relation to the salaries have to change their entire costume. If of the members of the Legislature. there is any force in that objection, if that The delegates returned to common sense statement has any weight in it whatever, upon that question, and struck out the I am unable to see it. Just as if trains section as reported by the Committee on qualified or disqualified anybody from Legislature, because it was a departure discharging this duty! It is said that from the rule that I have laid down that every male is to have the right to vote, we ought to follow. The Committee on and that it is a disgraceful condition to Suffrage, in the section now being dissay that he shall be required to pay a tax cussed, have made a change in the presto the Commonwealth. Yet a woman is ent Constitution, in taking away the adto be excluded from voting simply be- jective "heretofore" preceding the word cause her dress does not happen to suit male, in compliance with the demand of the taste of gentlemen. I saw, a few public sentiment of the State. They have nights ago, in the Academy of Music, made another change in regard to the about eight hundred of these trains that question of taxes. It is doubtful whether the gentleman from Centre (Mr. M'Allis- such change was called for or not, but it is ter) says could not get to an election win- not a matter of very great importance. dow without fifteen men tramping on each Hence I will vote for the section. I am one-I saw eight hundred of them on the opposed to the suggestions made by the floor at the same time, with eight hun- gentleman from Philadelphia,(Mr. Canpdred partners, going gracefully through bell,) in relation to the question of resithe many changes of the witching dance. dence, and in favor of allowing this secIt seemed to me that they covered the tion to stand as it is, allowing a residence 5i0 DEBATES OF THE of two months; for I assert that out of the gentleman from Indiana, (Mr. Harry this question of residence, as it has stood White,) for the simple reason that it will in the Constitution heretofore, there has leave us in a very embarrassing condition been great opportunity for fraud, and I upon the question of whether a woman is a believe great frauds have been perpetrated, "freeman" or not. The only authority I simply because of laxity we have had in know on that subject is that of the old regard to residence. And the desire of nursery rhyme: the gentleman to strike out this provision, Adam was the first man, and make it one month instead of two, is Eve was the other, going back to the old way; is, to that ex- Cain was a wicked man tent, preparing the way for frauds in Because he killed his brother." the future as they have been in the past. If that is any authority, and a woman The section ought, undoubtedly, to be should be considered a "freeman," it will consistent. The proviso with regard to therefore follow that the amendment to waiting a month after an individual has the amendment, suggested by the gentlebecome naturalized, before he shall be mlan from Indiana, would admit the right permitted to vote, ought to be two months. of woman suffrage, to which I, for one, The reason for two months in that case is am very decidedly opposed, as indeed I just as strong as requiring two months' am no less decidedly opposed to leaving residence in the district from a native the question in doubt. Therefore I shall born citizen. I am astonished at the in- oppose the amendment to the amendconsistency of the section. The citizen ments and the amendment itself, and native to the soil of Pennsylvania, and of shall vote for retaining the word "male" America, if he changes his residence, in the section, as reported by the commust remain two months in the district meittee. before exercising the right to vote; but Mr. W. H. SMITH. Mr. Chairman: I the man who comes here from a foreign shall vote for this section as it stands, and country, and who becomnes naturalized, shall oppose the amendment and the may cast his vote in one month after get- amendment to the amendment. I am ting his naturalization papers. very glad to be able to do so. But I am Mr. M'ALLIsTEL. Two months' resi. absolutely pained, and as much astonished dence is required. as pained, to find that this startling innoMr. MANN. Not after naturalization- vation, this pernicious heresy of woman It says: "No naturalized citizen shall have suffrage, should find any one to propose it, the right to vote until after one month," even by an indirect method, in this Con&c. I say it should be two months. And vention. It is to me, I repeat, a distressthen again, as I believe is one of the most ing fact that any one should be found in prolific sources of fraud. One month does this Corvention so insensible to what I not remove it sufficiently from the excite- consider its true dignity, as to advocate ment of the election to guard against this proposition. I would sincerely, solfraud or incentives to fiaud, while two emnly protest against it with all the force months do. It does seem to me that to and earnestness that I can command, and be consistent and harmonious, this word would ask the aid of all thoughtful peoin the last portion of the section ought to pie in opposing it. be changed to 4" two," so as to make it "Order is Heaven's first law, and this confessed, two months; but, as I said in the first Some are, and must be, greater than the rest." place, notwithstanding that it does not But how can you maintain order if you represent my ideas, I will take the see- have two heads in every family? Yet tion as reported, and vote against all ma- if you allow this wicked vagary of woterial changes, for the reason that it has man suffrage, the family, which has been received the endorsement of the Commit- the basis and the support of all governtee on Suffrage-a very able committee- ment that the world has ever had, would be and because, also, the changes I refer to utterly destroyed. As it is, we all know are not very material, and because I be- that, in the name of Heaven, there are lieve the section fairly reflects the wishes sufficient causes of disagreement in every of the people. family, and especially between the heads Mr. GOWEN. Mr Chairman: I had hard- of it. Differences in religious views, difly thought the subject now before this ferences in views of the management of Convention of sufficient dignity and im- children, differences about the uses of portance as to warrant a long debate upon money, about the style of dress and the it. I am opposed to the amendment of scale of expenses, differences about the CONSTITUTIONAL CONVENTION-. 541 merits of the relatives of the respective that fact finds its application here. That parties-but there is no use to extend the is probably all I need say on the subject. list it is as long as the list of human calam- I am in favor, as I have said, of the report ities. of the committee just as it stands. I will It is now proposed to supplement this say this, however, that I will vote to sublist with the grandest scheme of dissen- mit a separate proposition to the people sion that ever entered into the reckless, on this question, as to whether females wicked conceit of any man or any woman. shall enjoy the right of suffrage or not, If the right of suffrage be given to women not because I am unprepared to meet that then contention would no longer be con- question now and here, but because there fined to limited stages, but the whole coun- are a great many persons whose j udgment try-every household-would or might be and opinions I respect, who are earnestly the scene of everlasting quarrels. Shall asking that this privilege be accorded to we, in this grave body, think of letting females. For this reason I am willing to loose and entailing upon our Common- submit it to a vote of the people, trusting, wealth such a calamity as this would be? and believing as I do, that the people will It is not fair, perhaps, to infer the value vote down any such proposition by an of any cause from the conduct of any overwhelming majoritvy. I believe it number less than a majority of those who would be wrong, and produce discord, mnay maintain it; but if it were allowable and heartburnings, and dissensions, and to say: " Show hme the most prominent of that a vast amount of trouble would folthose who support your cause and who low any such change as that in our organic are to reap all its benefits, and I will tell law. Yet I want to deal fairly with all you what sort of a cause you have." If classes of persons, and give the people an you look at the Woodhull and the Claflin opportunity of expressing their views on women of New York, and think of their this subject. But, Mr. Chairman, did I lives, conduct and conversation, and con- believe that the people would, by any sider the crowning and atrocious scandal means, ratify such a proposition as this, I which marked their last public demon- say here, frankly, that I would vote stration, and if you would reflect that against submitting it to them, not because these wretched women have been among I am opposed to the majority ruling, but the most, if not the most, active in this because I would then take the responsiworse than idle business, you must con- bility upon myself of settling this quesclude that a project which delights in such tion. advocates cannot be good, but, on the con- Mr. GIBSON. Mr. Chairman: I rise to trary, must be as bad and as dangerous as say a few words on this topic —merely any thing can possibly be. I trust that that I will support the amendment of the after the vote to-day we shall have no gentleman from Indiana, (Mr. HIarry more of this project. I trust that thisand White,) and I trust this Convention will kindred crotchets shall not hereafter take do so, because it relieves the Convention up the time of this Convention; and I of a very embarrassing question, and pretrust that the great indulgence to this vents them from being called on to percrotchet, of submitting this project to a forum the discourteous act of inserting the vote of the people, will not be entertained word "male" in the Constitution. It for a moment. seems to be understood by some gentlemen Mr. M'MuIRRAY. Mr. Chairman: I de- whom I have heard speak around me, sire to say just a few words on this sub- that this word male had been in the old ject of woman suffrage, and I will pre- Constitution. By reference to the old face by stating that I shall vote for the Constitution this wilt be found to be an section as reported by the committee. error, for the words used there are "every The gentleman from Delaware (Mr. white freeman." The word "white" has Broomall) says he is in favor of female been stricken out, but the word "freesuffrage because his mother was a woman. man" is now asked by the gentleman I am opposed to it because my mother from Indiana (Mr. Harry White) to be was a woman, and further, because my. left as it was in the old Constitution. wife is a woman. There can be no question in regard to its I think this question was settled a great meaning. It has been in the old Constiwhile ago. When God made Adam and tution, and nobody ever raised the quesEve he settled this question, because He tion of females voting under it. And, if created them male and female. I believe I am not mistaken, it has received judithere is a fitness in things; and I believe cial interpretation and decision. It means 542 DEBATES OF THE the word "male:" Why, then, put the tee, put the matter right, when he said word "male" in the Constitution, when there is no reason that can be alleged why the word "freeman" is just as expressive, he should vote and his sister, mother or and has always been there. The word wife should not. Conceding that point, I "freeman" has, indeed, some advantages desire to hear some reason-to hear the that the word "male" has not. A man in affirmative, because it is for those who set prison, for instance, is not a freeman; a out, by reason, against natural right, to minor is not a freeman. I think this whole take the affirmative of the question; and question will be relieved of embarrass- when my right to self-government is dement, by the insertion of the word "free- nied, I take it that I have nothing to say man," and if any question arises upon it until somebody has shown good reason afterwards, let that be decided by the why it should be denied to me. I conpeople themselves. I am in favor of the tend that every human being in the comresolution of the gentleman from Indiana, munity has a right to put his and herself (Mr. Harry White,) leaving the Consti- upon exactly that ground, and to ask by tution as it always has been. what right or reason he or she should not Mr. DALLAS. Mr. Chairman: I under- have an equal voice in the making of the stand this is a subject that has been duly laws. That is why I prefer to hear some canvassed in the county of Mzontgomery, argument from the other side; and when and the Convention would therefore be the gentleman, whom I have before reglad to hear from the distinguished dele- ferred to, (Mr. Mann,) confessed that there ate from that county, (r. Boyd) ho, is none; when the arguments of the chairgate from that county, (Mr man of the committee are confessed, by like "little Jack Horner," sits in the his friends, to be, -what they are, utterly corner. corner, groundless; when the gentleman to my Mr. BOYD. Mr. Chairman: This is right (Mr. M'Murray) puts his reason for evidently *a very grave and momen- not desiring woman suffrage, upon the tous question, and as it is probable ground that his wife is a woman, and that there are eight or ten gentlemen might vote against his will, thereby, proin this Convention that are in favor bably, exercising better judgment than of female suffrage, and in order to he does upon a question; when arguments make an interesting debate and keep the like these, and only these, are brought thing going, I had about made up my forward in opposition to an undeniable mind to make some remarks upon it, and natural right, I have reason to conclude then vote against it. But at this time I that these are all that can be urged against cannotdo the subject justice for lack of it. inspiration. There is not nearly enough But, Mr. Chairman, I observe the genof the gentle sex in the gallery to inspire tleman from Erie (Mr. Walker) rising. me. [Laughter.] I would, therefore, like If he desires to move that the committee to have the matter postponed-say until now rise, I will give way to him for that we have good weather; and I would purpose. make the further recommendation that Mr. WALKER. I move that the comwe set apart our evenings for the pur- mittee do now rise, report progress, and poses of this special discussion, for then, ask leave to sit again, which was agreed to. 1 do not doubt, we would have a much better audience of the character I desire IN CONVENTION. when I speak on it. When the audience Mr. LAWRENCE. Mr. President: The and the inspiration do come, we can all committee of the whole has had under speak feelingly on the subject. consideration the report of the Committee Mr. BROOMALL. I appreciate the argu- on Suffrage, Election and Representament of the gentleman from Montgomery, tion, and has instructed me to report probut I do not propose to postpone this sub- gress and ask leave to sit again. Leave ject, either on account of the audience or was granted. the weather. COPIES OF PROPOSED AMENDMENTS. 1 had two reasons for not desiring to be Mr. KAINE offered the following resoluheard on this question to-day. One was tion, which was read: that I am not in good health to-day; an- Resolved, That three hundred copies of other is that I look upon it that the gen- the proposed text of the Constitution, as tleman who addressed the Convention on reported by any of the standing committhe other side of the house, (Mr. Mann,) tees, shall be printed in the form of legisin answer to the chairman of the commit- lative bills, for the use of the Convention, CONSTITUTIONAL CONVENTION. 543 for the purpose of consideration and hundred and fifty, and it is not more than amendment; and that the resolution half enough. adopted by the Convention on the fift Mr. STANTON moved that the Conventeenth of January, relative to the number tion do now adjourn, which was agreed of said texts to be printed, is hereby re- to. scinded. So at one o'clock and fifty-two minutes Mr. KAINE. The number of copies of the Convention adjourned to to-morrow texts now printed is not more than one morning at eleven o'clock. 544 DEBATES OF THE THIRTY-F OURTHI DAY TUESDAY, February 4, 1873. suffrage, which was referred to the ComThe Convention met at eleven o'clock mittee on Suffrage, Election and RepreA. M., Mr. Walker presiding. sentation. INTOXICATING LIQUORS. USE OF THE HALL. Mr. DARLINGTON presented the petiThe PRESiDENT laid before the Cconven- tion of one hundred and sixty-nine citition the following communication: zens of Chester county, against the mnanuHON. WMV. M. MEREDITH: facture and sale of intoxicating liquors as President Constitutional Convention: a beverage and in favor of sobriety, which DEAR SIR: —At the earnest solicitation was referred to the Committee on Legisof the officers of the Pittsburg woman suf- lation. frage association, Bishop Simpson of the COM.MITTEE ON SALARIES. Methodist Episcopal church has cons3nted to deliver an address to such members resolution which was laid o the table resolution which was laid on the table of the Convention as may att iid, on the subject of granting to woman the elective under the rules: franchise. e therefore ask your on Resolved, That the rules of this Confvention be amended, by adding ail addiorable body the use of the Convention vention e amended, by adding an addihall, on next Friday evening, for the pur- tional committee, as follows, vien on Sal"No. 28. A Committee of seven, on Salpose of giving him a hearing. aries, Fees and Compensation of Officers, MATILDA HINDMAN, City and County." Prestdent. Mrs. J. HERON FOSTER, EQUITABLE ASSESSMENTS. Vice President. Mr. BRODH EAD offered the following Mr. J. W. F. WHITE. Mr. President: I resolution, which was referred to the move that the use of the hall be granted Committee on Agriculture, Mining, Malnon next Friday evening for the purpose ufactures and Commerce: desired. Resolved, That the Committee on AgriOn agreeing to this motion, a division culture, Mining, Manufactures and Cornwas called, resulting fifty-five in the af- merce be requested to report the followtirmative, seventeen in the negative. So ing article: the motion was agreed to. ARTICLE -. The Legislature shall provide by law for an equitable assessment WOMAN SUFFRAGE. of benefits, in favor of mine owners and Mr. M'CONNELL presented a petition operators, whenever by works and expenfrom Citizens of Allegheny county in fa- ditures in mines, by pumping, draining or vor of female suffrage, which was referred tunneling they produce results which i'nto the Committee on Suffrage, Election ure, directly or indirectly, to the benefit and Representation. and advantage of any contiguous or adj oi ning mines. E LECTION FRAUDS. STATE SOVEREIGNTY. Mr. J. PRICE WETHERILL presented a memorial of the citizens' reform associa- Mr. ALRICKS offered the following resotion of Philadelphia, presenting sugges- lution, which was referred to the Committions in reference to the guarding against tee on Declaration of Rights: election frauds, which was referred to the Resolved, That the Committee on Bill of Committee on Suffrage, Election and Rep- Rights inquire into the expediency of so resentation. amending the same that it shall contain the following proviso: AWOMAN SUFF:RAGE. "That the people of this State have the Mr. BROOMALL presented the petition sole and exclusive right of governing and from over five hundred men and wonlen and regulating the internal policy of the of Delaware county, asking universal same." CONSTITUTIONAL CONVENTION. 545 COMMITTEE OF THE WHOLE. woman in my district, as far as I can give The Convention then resolved itself into her she shall have it, though all the committee of the whole, to further consider men in my district say nay. tile report of the Committee on Suffrage, U pon this question I may as well say Election and Representation, Mr. Law- here that I am opposed to the proposition rence in the chair. of the gentleman from Jefferson (Mr. Ml'Murray) and to that of the minority THE SUFFRAGE ARTICLE,.-WOMAN SUF- of the committee; that this questionshould FRAGE. be referred to the votes of the people, to So the Convention as in committee of the men, as a separate proposition. What! the whole, Mr. Lawrence in the chair, pro- Submit to one class of citizens what shall ceeded to the consideration of the article be the political rights of another class. submitted by- the Coluittee on Suffrage: Submit to the men the question, whether Mur. BROOtbALL. I owe many thanks or not equal rights shall be allowed the to the gentleman from Potter (Mr. Mann) women! The thing is preposterous. It for his concession to our side of the ques- wouldbe as much asI would do to submit tion in his remarks yesterday. He, being to a vote of the women the proposition, an avowed opponent, speaking for the op- whether they should have the right of ponents of the provision, and for a con- suffrage. That a man, that I, with the stituency who are opponents to it, confesses right of suffrage, should go to the polls that all the arguments are upon our side; and say that my wife should not exercise that Inothing can be said-and I ~wa~nt the samllle right, is simply mrionstrosity. to impress that fact upon gentlemen's Why, sir, suppose the proposition had been minds-that nothing can be said in favor made at the time of the Declaration of Inof the right of a man to exercise the power dependence to submit to the vote of the of suffrage that does not equally apply to citizens of the United Kingdom of Great the right of every woman in the Com- Britain and Ireland whether or not the mnonwealth, and that if the thing turned Americans should have equal rights with upon the argumentspro and con, the case the home subjects. What would have is ours, that, throwing aside the preju- been thought of it? What would Fralkdice that binds us to the past-that anchors in, what would Jefferson have thought of us back like so many moored vessels- it? They woul have said, "No, those that mnakes conservatives of us-those who have these rights have no business to fossils of humanity, only dragged forward vote upon the question whether others by the progress of the age, as a vessel is shall have etual rights." They would dragged forward against the will of its have said: "This question is not for the anchor-that ornly prejudice, and what people at home, but for those who were delittle aid prejudice can get from ridicule prived of rights that the people at home can be alleged against the amendment enjoy." And therefore it is that I say I which I propose. But, while I thank him might consent that the women of the State for his admission, and while 1 think his should settle the question by a majority of position here does great credit to his their votes. I might consent to that and judgment, I cannot agree with him in his yet I would fall back to the true ground, conclusion. How he, admitting as he that if there is one woman in the State does, that we are right-admitting as he who demands an equal voice with any does, that, in his conscience, he believes other person in the making of the laws to our side of the cause to be the true one- which she is subject, that woman ought to can, nevertheless, resolve to vote the have it, and the united voice of all the other way, because, as he says, his con- other people in the State ought not to be stituents are the other way, I cannot un- allowed to exclude her. derstand. Why, sir, I represent a con- I repeat, the gentleman from Potter stituency with as decided opinions upon (Mr. Mann) concedes that the arguments this question as his; and I tell him here are all upon our side of the question, and that I represent the humblest washer- they may be presented in a very few woman in my district as fully as I repre- words, for this question is not, as stated sent the proudest politician; and if there by the gentleman fram Philadelphia (Mr. is one woman that asks the right of Gowen) one of those beneath the dignity suffrage for the protection of herself and of this body. It is a great question; it is her children —thatasksanequal voicewith the great question of the age; but the me in making the laws that'must judge whole argument is in a very small comher as well as me-if there is one such pass, and consists simply and singly in 35 546 DEBATES OF THE this: All just governments derive their But are these propositions true? I ask powers fronm the consent of the governed, again who will deny them? Is it true or as in our present Constitution, all power that all just government is founded upon is inherent in the people, and all free gov- the consent of the governed, and that all ernment is founded upon their author- power is inherent in the people? Are ity. Now are these propositions true? Is these things true? They are not pretendanybody prepared here to say they are ed to be denied, even by the ingenious not? I know that Rufus Choate, upon a gentleman from Centre (Mr. M'Allister.) certain occasion, some years ago, pro- Then, what follows? The only quesnounced these simple truths "glittering tion open, after the admission of these, generalities." I know that John Ran- is the question: Are women among the dolph, of Roanoke, some years before, "governed?" Are they among the "peofinding the Declaration of Independence pie?" Will this be disputed? If there in his way, pronounced it a fan-faronade is anybody ready to say, as was held five of nonsense. Ah! There are certain great or six hundred years ago, that women are truths that were stamped upon the uni- not human beings, and have no souls, he verse by the hand of Him who made it, would, probably, answer " no " to this that are too often only seen and acknow- question. Sir, the women of the country ledged and appealed to by men in are of the governed; they belong to the times of great trouble. In the day of people. That, then, is the whole quesour struggle for existence, during the tion. Being of the governed-being part American revolution, we could see that of the people-their consent must be had governments should be founded upon the to the laws; their authority must be given consent of the governed, and that the au- for the upholding and carrying on of the thority of the people was necessary to government. This is all there is of it. I true and free government, but in the repeat, that I may not be misunderstood. times of our prosperity we fail to look at Once concede that all just government dethese truths-we forget them. rives its power and authority from the consent of the governed, and that the Suchis man everywhere. In adversity women of the country are among the govhe recognizes great truths, in prosperity he recognizes great truths, in prosperity erned, and you are forced to concede that he does not need them, and he forgets you must have woman's consent for her that there may be people under him who do need them, and are looking to him gov t.. for their recognition. I know that argu- ow how is consent to be given? I nents have been made b. y Ikngenious ment this country there is but one way of doing it. It is folly to say that men must conto explain away these great truths. I sent through the ballot-box, but women in know that we listened to the eloquent w d to the venomous some other way, as by submitting, by not New England man, and to the objecting. It will not do to lay down one southerner, first with surprise, that any- mode of consent for one class and another mode of consent for one class and another thing so sacred as these truths should be attacked; then with pleasure, and then known to the laws of our country except we swallowed the heresies, and all society was poisoned to the centre with them. thronihtteballot-box; andllenyouhave admitted mly premises they will force you And what was the result? Why thirty to the conclusion that the gentleman from years ago we had reached such a point Potter (Mr. Mann) is right. That the arof absolute atheism in these great truths gument is upon our side of the question, that nothing but the hand of the Al- and that it is unanswerable. The man mighty could save self-government to who undertakes to refute it will be bold men. And the hand came-it came in enough to attempt to refute the demron1860, to raise the lowly, and to point out stration cf the forty-seventh proposition these great truths to them. It came, too, of the first book of Euclid, and when he:to crush the proud. The result is that succeeds in the one he will succeed in the to-day we see these truths. WVe have other..come to that point through the path of The gentleman from Centre, (Mr. M'A1-:great suffering, national and individual. lister,) like Choate and like Randolph, Sir, the heresies of Choate and Randolph, has his mode of explaining away these and of men like them, tainting the whole grand truths, which he finds in his way. frame-work of society, had to be erased He has discovered a new arithmetic, forfrom the history of the world by the sword, sooth, an arithmetic in which the unit is dipped in blood, and it was done. not the individual but a group. The unit CONSTITUTIONAL CONVENTION. 547 of population is the family, according to Does no case present itself to him in his him, and that fiamily, he ought to have district in which a woman has begged said, is the husband. In all the rest of upon her knees that some man, exercithe world, from the smallest particle of sing a license from hell to deal poison to dust that floats in the air to Sirius, the her husband, should withhold his hand, unit is the individual; but in this case, and had her prayer denied? I ask him and for the purpose of the majority report again whether he does not know many a of the committee upon this question, the case in which the wife is misrepresented, unit must be a group. The unit of hu- and the family misrepresented by the inanity must be the famlily. vote of the husband? Does he not know Now let us see how this is borne out. If of cases where the wife ought to have a true, I do not know why the Declara- voice in preventing mischief to her fanmition of Independence was not made to ly, and where she is sneered at and reread "All families are born free and equal, mindec that she has no political rights and are endowed with certain inalienable by the very persons who are poisoning rights." I do not know why our present her home by licences from a government Constitution does not say that all fami- that she never made and never consented lies should have the right to vote, and to? Can he imagine no such case as that? that the husband shall cast that vote. I More than that. Does he not know wodo not conceive why we do not see the new men who have no family but themselves? arithmetic of the gentleman from Cen- Are there none in his district who do not tre somewhere in the Constitution or in belong to families? Are there not cases laws of our State. It existed first yester- where humanity is not grouped in the day in the gentleman's brain, and after- way in which he says the Almnighty inwards in the report of his speech to the tended them to be, and where the indiConvention. I trust he will have it copy- vidual has nobody to represent her? Are righted. I would be very sorry for him there no servant girlsin his neighborhood to lose it. I would be very sorry for it to who have in this State, or in this country, get into other hands. neither father, nor brother, nor son? And If there is a murder committed in the who represents them? family, do you hang the husband? You But if these people were all represented ought to do that if the government knows I deny the power of the man to represent only families. If the family is the unit, the family in the government. I deny if you go no further down than that group, not only the power but the propriety of and hold the head of the group as the it. WTho commissioned the man to cast representative of the family, you should the vote of the farnily? Who gave that hold him responsible when a crime is power tohim? Tle Constitution says nocommitted in the family. And what thing about it. The law says nothing would you do when a murder is commit- about it. - e votes for himself. He does ted upon hini? Whom would you hang not consult anybody else. He does not then? Nobody, unless, probably, all the pretend to vote in a representative capacirest of the family, or unless the family ty. He does not cast the vote of his fanmshould elect a head to be hung. The ily but his own. idea is preposterous. It is found nowhere The gentleman wants the ballots to have in the world that the unit is a group, the name of the voter written upon the and not the individual. But it is said back, so that we should see where the votes that the husband is to represent the fam- come from in case of a contested election. ily. ~Who is to represent this political I would advise him to go one step further unit when the husband dies? Who is and note on the back the family. He may to represent the unit when the head notethembya numberor thus: "Family of the family is a woman? Who repre- living at such a street, so many doors from sents the women that have no husbands? the corner, votes this vote by John Smith, Now I can very well understand that the the legally constituted representative of wife of the gentleman from Centre, if he of that family," in order to show that the has one, and I hope he has, I can well ad- family had a voice in the affairs of the mit that she is well represented by being country. represented by her husband; but does Let me tell you what a better, brighter he know of no woman in his neighbor- man than either the gentleman from Cenhood who is not thus represented? More tre or I can profess to be, says about this than that. Does he know of no woman vote by the husband representing the who is misrepresented by her husband? wife and the family. 518:Z~iDEBATES OF TEE I read from a speechf by Geo. W5. Curtis, election district shial polSl more thtan two before the committee of the New York hundred votes. If the numberis greater Convention, upon the E-ubjec:t of universal thlan that the district shall be divided. suffrage: PElection ditricts, therefore, will contain'"It is alleged that women are repre- fron one to two hundclred voters, accordsented by men. Where are they so rep- irzg to the propoition of the Committee resented, and when was the choice made? on Suffi'age, whhich I hope will be If I am told that they are virtually repre- adopted. sented I reply, with James Otis, that'no Now has the gentlemran never seen a such phrase as virtual representation is woman, in a crowd of fron one to two known to the law or ConstituLtion. It is hundrec people, able to take perfectly altogether a subtlety anc an illuimon, good care of herself? If lhe has not, he wholly unfounded and absurd.' " has not observed w-omern as nzuch as, He was of the same opinionl wTith the some of us younger mnen have. Has he gentlem an from Potter (Mlr. Mann.) never seen a woman, in marklet, sur. "I repeat, if they are represented, when routnded by men and women on all mas the choice made? -Nobody plretends sides, probabley hundreds of them, and that they lhave ever btern consulted. It is finding no difficulty in making her way? a mere assumption, to the effect that the Has be never seen that? In going to the interest anc affection of men will leadt A=cadcemy of A[usic, to hear a prominent them to just and wise legislation for lecturer, I lhave been carried, for fifteen women as well as for themselves. [But or twenty feet, by a crowd, with my feet this is merely the old appeal for the po- entirely off the ground, and yet, when, litical power of a class. it is just -wlshat with great difficulty, I got inside, I found the British Parliamnent said to the colonies as many women there as men. They a hunclred years ag.' We are all under had gotten there in some way. Want of the sanme government,' they said,'our physical power! Ah! I am afraid. the interests are identical; we are all Britons. gentleman thinks they have too much Britannia rules the wave! God save the mental power to make it safe for solne king! and down with sedition and the people to trust them with equal rights. sorns of liberty!' The colonies chafed ancE B3ut he says they could not go to the polls indignantly protested, because the as- with a train long enough for fifteen men sumption that therefore fair laws were to stand upon. Again I say, with my made, was not true; because they were stupidity, I have failed to see that the discovering for themselves, what everv gentleman probably intended this for nation had cliscovered-the truth that wit. IHe may have intended. it for ridishakes England to-day, and brings Dis- cule. If he did, my answer is that ridiraeli and the tor-y party to their knees, cule is not argument. If it had been, and has already brought this country to christianity would not have surv-ied the blood-that there is no class of citizens, third century. and no single citizen, who can safely be She cannot go to the polls with a trail entrusted with the partmanent and exclu- long enough for fifteen men to stand upsive possession of political powerl. There on, and therefore a woman should not is no instance on record,' says Buckle, in vote! Could he go to the polls in a tlail his history of civilization in Enogland,' of of that length? Let hin try it, and when any class possessing powert without abus- he has tried it and succeeded it will be ing it.'" quite time enough for him to say that a weoSir, that passage should be inscribed man could not do it as well. Is a weoupon every legislative hall in this coun- man bound to wear a trail to the polls any try; and I read. it again: "There is no more than he is? Has not mwoman an class of citizens, and no single citizen, equal right to select her dress for the ocwho can safely be entrusted with the per- casion, with the gentleman from Centre? manent and exclusive possession of politi- He sits here without his overcoat, withou.t cal power." his overshoes and without his hat. He So muchfor the question of representa- has the right to change his dress to suit tion by the husband of the famlily. But the circumstances, and still he tells the the gentleman says that the women hlave Convention, by inference, that a woman not the physical power to get to the polls. must not be allowed to change hers. ProThe answer to that is, first, it is not true; bably, Mr. Chairman, I have been dweland, second, if true, it is not relevant. In ling upon this subject too long, and, after this very same article he proposes that no all, it may be that the gentleman from COINSTITUTIONAL CONVENTION. )49 Centre only intended his remarks to be and although there are some among us witty. who do not approve of it as a principle, But he says that suffrage will degrade a I think there is no one who will deny woman. Is government then degrading? that it has had a marked influence in eleIf it is, it is quite time we had abolished vating our elections, and making them our institutions and remitted ourselves quiet and orderly; and in enabling the back to our old owner, the government of courts to punish classes of crime, where England, in order that this degradation convictions could not be obtained without might be wiped out. I would like to in- their aid.'" quire if the exercise of self-government In another part of the letter he says: has proved degrading to the gentleman "There is another matter in which we from Centre. Respectable as he is now it have been greatly benefited by this law, would be curious to know to what post- and that is the change it, has wrought on tion he would have arisen if he had not election days, and its influence at the been subjected to this degradation. If polls. Formerly our elections were scenes we are degraded by self-government what of drunken revael and noise, of fighting and wo uld we be if we had not been so de. riot. But when the women came to vote graded? I suppose we would have been they were always treated withtlhe attention what so me of us call women-angels. But and respect everywhere shown to women it is not true that government degrades intheUnitedStates. If therewasa crowd those who participate in it. I grant that around the polls they always gave way politics are the meanest busine ssany man when a woman approached, and were can follow, but I maintain that self-gov- silent and orderly while she deposited ernment is the noblest employment in the her vote and went away. If men became world, and that it never has degraded, and intoxicated they did not remain there, never will degrade, any human being. where the women would see them. No Degrade wormen! Why, sir, it is within noisy discussions would arise around the the observation of every man who has at- polls, because invariably when a wonmlan tained your age or mine, that wherever came up all such conversation would cease. mnixed assemblies are allowed to conduct The fact has been that very few people any business, it is always conducted more gathered at the polls, and noise and conscientiously and in a more orderly fighting, riot and drunkenness have been manner than where either of the sexes entirely unknown there. If men drank alone are concerned in it, and infinitely too much, as they sometimes did, they rebetter than where men alone are allowed mained at the drinking shops, each politto conduct it. I firmly believe that where ical party by itself; and consequently a business is conducted by woman alone, avoided the quarrels and collisions that it is conducted in a more orderly manner so often occur, while the people went to than when by men, but where the sexes the polls and voted as quietly as they go are mixed in any undertaking it is always to church. This of itself has been a gain conducted the best. This has been the in our community of no small moment." observation of every person who has look- If this has been the experience in a new ed into these matters. territory where almost all the wickedness The experiment, if it may be so called, of older States is apt to concentrate, how, of woman suffrage has been tried, and the much more beneficial would the result be result of that experiment can be found in in the State of Pennsylvania. Why every a letter from Judge Klngman, of Laramie man can see for himself the result of this City, WTyoming Territory, to the Pennsyl- experiment by attending the markets in vania woman suffrage association, dated the city of Philadelphia on any general December26,1872. JudgeKingmnan says, market day. Are the ladies of the city in one part of this letter: found there in any less number than "It is now three years since the act was there would be at the election polls? You passed giving women the right of suffrage, will find in the markets of the city, not and the right to hold office in this Terri- servant girls. alone, but mistresses of' tory, in all respects the same as other families nmaking their purchases quietly, electors. Under this law they have been without interference or disturbance, and elected, and appointed to various offices, ye at a gathering of men, when women do and have acted as jurors and justices of not appear, you will find riot, noise, disthe peace. They have very generally order and probably bloodshed, especially voted at all our elections, and have taken when there is an opportunity to obtain somre part in making the nominations; anything intoxicating. The Almighty in 550 DEBATES OF THE tended the sexes to be together. He in- throne of France has not the appearance tended that they should participate in all of being a success. the employments He has devolved on Can any one familiar with the histories the world, and that they should equally of European countries assert that women exercise the means he has given them for are incapable of governing? Do we for — obtaining a living. If this had not been get Catharine of Russia, Elizabeth of his intention he would have placed one England, or our contemporary, Queen sex in one part of the world and the other Victoria? Why, sir, England has been in another, and wherever contrivances or governed by four queens, who reigned in fashions separate the sexes there mischief their own right-Mary, Elizabeth, Anne, is always clone. Look at the schools that and Victoria. The worst of these queens have been established for boys alone. Ev- was as good as the average of the kings, ery father who has gone through college and the best of them, Victoria and Elizaknows how he hesitates when he proposes beth, were better and wiser in the affairs to send his son there, and yet schools in- of government than any king that ever tended for the instruction of both sexes sat upon the throne of England. together are always orderly and more Compare the histories of the reigns of productive of advancement and improve- Napoleon the III and Victoria. Willthe mient. Parents never hesitate to send cases admit of a parallel even'inthe minds their children to thenl-neither the fa- of those who deny the right or the power ther the son, or the mother the daughter of woman to govern? And yet, Queens -because the influence of one sex acts Victoria, who has governed her realm for upon the other for its improvement. Yet so many years, and that, t oo, as vell as gentlemen upon this floor have said that any king or queen who ever sat on a a mob at the polls would prevent a re- throne in Europe, should come to this spectable lady who behaved herself from. country and be naturalized she woulld not going there to vote. This assertion I am be allowed a voice in the selection of evel convinced they do not believe themselves, the directors of the schools to which we for there is no country in the world where propose the law should compel her to woman is treated with more respect than send her children. in the United States, and all that is needed I will not argue the question whether to make our elections as respectable as women or men are mentally superior. It our markets, if not as respectable as our is wholly irrelevant. Governments are churches, is to allow both sexes to partici- founded for the protection of the -weak pate in voting, rather than the strong. In a state of naIt has also been said by somre of the op- ture the strong can protect themselves, ponents of this measure, although I do while the weak are crushed, and therefore not think the gentleman from Centre it was that governments were clevised,not made the argument that woman is men- for the benefit ot the strong, but of the tally incapable of governing-that she is weak. If it can bQ demonstrated to my inferior'to man, and not fit for self-gov- satisfaction that woman is weaker, menernment. This isnot true, and if it were, tally or physically, than man, I will anit is not relevant. I know that in France swer: There is then the greater reason women were pronounced incompetent to why woman should receive equ'al politigovern, and hence their salic laws ex- cal power with man. Will it Lt said, in cluded females from the throne. And one breath, that in the race for advantage what has been the result? England, for and improvement, which is open to us all, ages has permitted woman to govern just as a woman is the weaker competitor, and men when they were reached in the order in another that she must carry all tfle disaof kingly succession. Now trace the his- bilities? Even handed justice demands tory of these two countries. Can it be that if there is to be any difference besaid that France has been a success as a tween them, the advantage should be government, or at all comparable with given to the weaker. England? Why for more than a hun- But, again, they say-and this is a posidred years France has oscillated between tion that has taken some hold among caredespotism and anarchy, and it looks now, less thinkers in modern times-that govfrom the present condition of affairs, as if ernments are only to be had and exercised this oscillation would continue for ages by those who can fight for them; that to come. The least that can be said is only those who fight should rule, and as that the exclusion of women from the a woman cannot fight she ought not to CONSTITUTIONAL CONVENTION. 551 vote. But cannot women fight? They and much morefor the cause of humanity forget Semiramis; they forget Joan of than those who actually fought. Arc, who, in a single day, turned the tide Hence the statement that women do of conquest between England and France. not fight is not true, and if it were true, They forget the maid of Saragossa, who it is not relevant. Fighting is the means seized the torch from the hand of her fall- of self-protection, peculiar to the savage en chieftain and continued at the guns, state, and war among civilized people, is cheering those around her until she could but the return, for the time, to barbarism. point to "the flying gaul foiled by a wo- It is because this process crushes the weak man's hand beneath the battered wall." that we have, as much as possible, substiThey forget the women in our recent civil tuted voting for fighting, government for war. More than one woman served in anarchy. the ranks, in disguise. Aye, more than To say that a person shall not vote beone fell in the charge, "with her back to cause he cannot fight is to talk nonsense, the ground and her feet to the foe." I when voting is an invention to take the knew one, as delicate as any lady in this place of fighting, for the pure protection hall, when I saw her some time after the of those who cannot fight. If you only war, who served as a common soldier for let the strong vote government is a mooka long time before her sex was discovered, cry. They can protect themselves withand she was so valuable that for a consid- out it. erable time afterward she was employed But it is said that women do not ask as a spy, the inost perilous employmnlent the right of suffrage. This, again, is not in the entire war, and she was selected for true, and if it were it is not relevant. Do that purpose because at the time. out of men ask the right of suffrage? We prosome two or three hundred fromi whom pose to give them the right of suffrage in the selection could be made, she was the this Convention, and yet not a single peonly person who would volunteer to do it, tition from any part of the Commonwealth and she performed the duty successfully has come in asking the right of suffrage and safely. for men. Not one. Why do you give it But is fighting the whole business of to them? Because they are a part of the war? What do you say of clergymen people, and must be consulted in making who, though they do not fight, aid the laws. And are not women a part of the cause greatly in consoling the dying and people also? Is not the argument just as in stimulating the living? They do not strong for them? The gentleman from fight; ought they to vote? What do you Allegheny (AIr. V. IH. Smith) says that say of surgeons? There are non-combat- nobody is asking for this right of suffrage ants in every army, and they are of as for women but the Woodhulls and much importance to the army as any Claflins of New York. Why, sir, he has combatants in it. What was Florence not read the history of the times. Is it Nightingale? Who, in those two whole fair toward any cause to select those as its armies of England and France, could representatives who are the least worthy compare with her in actual material use- amongst all its advocates? Is it fair tofulness? Why there was no other single ward the twelve apostles to select Judas person, from the highest general down te as the representative of christianity? the humblest soldier who did as much for The Woodhulls and Claflins of New York the cause as Florence Nightingale. Not are no more in this cause than are the one! History says not one! Yet she was Tweeds and other similar men in the a woman. And there were Florence malepolitics of that city. As well might Nightingales in our army. Upon every the gentlemnan say that self-government field of battle, before the smoke had sub- ought to be put down, because Tweed is sided, they were seen, these angels of prominent in his city, as to say that mercy, fearing not death, only intent on women should be denied the right of succoring the wounded and consoling the suffrage, because these women do not dying. Are these people not important grace their position. Does the gentlein wary Before we conclude that women man forget that these are not leaders in are of no use in war, let us read the his- this movement any more than Tweed is tory of the terrible four years of the late the leader in the government of the Unirebellion, and then say, if women did not ted States? They are not the leaders, fight, whether they did not do more for but it would be a strange movement if the cause of the country by not fighting, some people, who are not as good as they 552 DEBATES OF TIIE ought to be, could not be selected from irnent has been tried, and I read again among its advocates. I am sure the gen- from the same letter the result of the trial tleman has seen sometimes, in church, in Wyoming: "When the territory was people, who, for the good of the church, first organized, almost every one carried had better never been there; and when a loaded revolver on his person." Why, he refers to this class of women 1 will they were worse than we are; they were refer him to another. In this town is to worse than the members of the Pennsylvabe found one of the leaders of the move- nia Legislature. "And, as a matter of ment, a true representative of the class course, altercations generally resulted in who are asking for female suffrage-a using them. I do not remember a single woman who is as pure and as noble as any instance where a jury of mnen has convictdaughter of Eve that ever trod upon the ed either party for shooting at each other, face of the earth-and that woman is even in a crowded room, if no one was Lucretia Mott. There is our leader! If killed; or for killing any one, if the victhe gentleman is ashamed to follow a tim had been armed. But with two or lead such as that, I tell him I am not. three women on the jury, they have never But again, it is said if you give women failed to follow the instructions of the the right to vote, they xvill not vote. Well, court. Again, the courts have been nearly if they will not, what harm would be done powerless with only men for jurors, in enby granting the right? In that case the forcing the laws against drunkenness, gentleman frowm Jefferson (Milr. M'lMur- gambling, houses of ill-fame and debauchray) need not fear that his wife would ery in any of its forms." I want to call the vote wrong if she were allowed the right attention of the gentleman from Centre of suffrage. He says he is opposed togiv- (aMr. TM'Allister) particularly to this, being her the right because she is a woman, cause I know he is open to impression but if she would not exercise the right, upon that point. He is a lover of law, and why should he interfere? Mr. Chairman, order, and temperance. I do not know the gentleman's wife, but "Neither grand nor petit jiuries could be I will venture to say she is better looking relied on; but a few women on either and better than he is, [laughter,] and I panel changed the face of things at once; think I would be willing to risk some- and from that day this kind of vice has thing, if I were a betting man, upon the trembled before the law and hidden itself assumption that she differs from him in from sight, where formerly it stalked politics, and therefore he is afraid to trust abroad with shameless front and brazen her with power to balance his vote. Of confidence in protection from punishcourse I cannot know anything about ment. this; it is all conjecture. If women would "There are,comparatively, so few women not vote why put in an invidious clause to here, and those are so generally kept at to prevent them? If you know they will home by domestic duties, that the courts not vote, why insult them by putting have been unable to obtain as many of over the polls: "'No admission here for them for jurors as was desirable; but women?" But let us see, would they those who have served have uniformly vote? We have some information on this acquitted themselves with great credit. point from Judge Kingman, and he tells.Not a single verdict, civil or criminal, has us that in Wyoming "at first there was been set aside where women have composed quite a number of women who refused to a part of the jury. This has not been the vote, but at every election that number case, by any means, when they have not has grown less, until now very few, if been present. They have given better atany, fail to exercise the privilege." tention than the men have to the progress There is the experiment tried. Ah! of the trials; have remembered the eviMr. Chairman, it is not because you think dence better; have paid more heed to the the women would not vote that you are charges of the court; have been less infiunot willing to allow them the privilege; enced by business relations and outside itis because you know they will; that is considerations; and have exhibited a it! There is where the trouble lies. keener conscientiousness in the honest But again, it is said this proposition discharge of responsibility. And I have is new, and that it would not work well. heard of no instance where they have inMen pretend to prophesy that it would curred any odium, or ill-will or want of bring some kind of ruin on our country, respect from having served as jurors. On demoralize society and all that sort of a the contrary, I am quite sure that in every thing. Well, on this point, too, the exper- instance they have been more highly re CONSTITUTIONAL CONVENTION. 553 spected and more generally appreciated a step onward, you see-upon the condiin consequence of it." tion, however, that the husband should And here again I desire to call the atten- be that one. Still the world moves, and in tion of the chairman of the Committee on our time they have been granted equal civil Suffrage, (Mr. M'Allister,) who complains rights with men. The next step is comthat the exercise of the right to vote would ing, and there are those living who will degrade woman, to the fact that where the see it; and I trust the gentleman from experilent has been tried it has not de- Centre is among them. That step is graded them, but has raised the men. I equality of all human beings both before quote from Judge Kingman: the law and in the making of the law. "There is one other influence that has Thus it is that the world moves, and grown out of the presence of women in the the man who is not prepared to keep pace court room, both as jurors and as bailiffs, with its motion had better get out of the that has been most apparent and welcome; way. it is the quiet order and decorum, the de- Upon this question there are two comcent and respectful behavior, the gentle- batants not very visible here, but they manly bearing that has always been ob- exist, nevertheless, and I will tell you served in their presence. The spectators who they are. On the one hand there are come there better dressed, chew less to- those who are demanding universal sufbacco and spit less, sit more quietly in frage, universal and equal political rights. their seats, walk more carefully on the On the other hand there is the liquor floor, talk and whisper less; and in all re- leagues of the country fearing the votes spects the court room assumes a more of women. This league has given out its dignified and business-like air, and bet- edict that if we dare to let women vote ter progress is made in disposing of the upon its nefarious business, it will move matter in hand." heaven and earth to crush our work. It Is this not conclusive upon the ques- has already published its threats, and it tion? Can any gentleman point out why will do what it can; but, sir, there never this experiment, that has succeeded so was a conflict between right and wrong in well in Wyomling, where you might have which the right did not ultimately suealmost promised its failure, should not ceed, and it is easy to see on which side succeed just as well here? the victory will ultimately be. The comThis thing is conning. It is onl a ques- batants have entered the lists. They know tioni of time. The progress is onward. that it is death to the wrong and the For thirty years I have been an advocate wrong is only asking to hold on to what of universal self-government, and during it has wrongfully got, a little longer, that time I have marked the progress of while the right is exclaiming "how long? it steadily onward. At first, nobody was O! how long?" The wife, the mother, a man, in the sense of the "governed," struggling under legal bonds, cry how unless he was a white man; and indeed long shall men, at the very door, in open some white men were hardly counted. day, feed poison to the husband, the son, In the Constitution of 1838 the wise men and we, most vitally interested in the of the time who framed that instrument matter, be denied the right to say one word thought it necessary to put in the word in the nmaking of the laws by which, in "' white," in order to prevent what they cruel mockery, the business is said to be saw was coming-the voting of the black regulated. man. That word' white," Mr. Chair- These combatants know that the result man, was washed out with blood. Four will be death to the wrong, and that it is hundred years ago women, according to only a question of time, and I tell you to the popular notion of that day, had no that this very business that kills both souls; they were owned by the men. body and soul, the mnen of our country Then the notion of the gentleman from will die fighting woman suffrage. Centre, of the family being the unit of Mr. MANN. Mr. Chairman: I ask two population, had some force. The law minutes in which to set myself right on knew nobody but the' master, and he this question. owned everybody else, women, children, The gentleman from Delaware, who has servants and all. Still later than that, the just taken his seat, has shown himself so women were beasts of burden and were capable of presenting his cause by legitharnessed to the plow beside the mule. mate argument, that I confess myself After that they were graciously allowed somewhat astonished that the few remarks to make one with the husband-here was which I made yesterday on this subject of 55i DEBATES OF THE woman suffrage, should have been used women of Pennsylvania, conjointly, or to by him ill the manner in which they have the women separately; and if we did do been used. I said, sir, that "I should so, and it should receive a majority of vote for this section, and the following such votes, but only a minority of the section, although my own personal convic- qualified voters as they stand, and a Govtions are that the principle is wrong, and ernor should be elected who should atthat no man can give a good reason why tempt to carry them out in practice, he he should have the right to vote, and at would find himself very shortly in the the same time exclude his equal and asso- penitentiary. ciate, who happens to be a woman, from I propose, simply, to look at facts as the same right." they are. We are to submit our work for I submit that there was no gentleman on ratification to the qualified voters of the the floor who misunderstood my position State, according to the recognized and eswhen I made that statement. It does tablished law of the State. Upon this subnot put me in the position of an opponent, ject, therefore, our hands are tied. We whose words would entitle the gentleman have no power to depart from that plain (MAr. Broomall) to quote me as making duty. However forcible the argument "concessions." On the contrary, I am to- may be on the other side, we cannot purday, and-have always been, in favor of al- sue any course but this. It would be lowing women to vote. "I shall," as I sheer nonsense-to think of submitting said yesterday, "vote against the ~:mend- with this Constitution, to the people, a ment, and against the pending amend- proposition that is certain to be rejected. ment to the amendment, and to retain Therefore, common sense should teach this word male as it stands, while I am us that we should conform to the infleximyself in favor of extending to all per- ble requirements of our position. Let us sons in the Commonwealth, of equal char- endeavor, to the best of our ability, to puacter," without regard to sex, the right of rify and elevate the Legislature of our suffrage. "I understand.that my duty Commonwealth, so far as our labors will here is not to vote my own personal con- be likely to receive the approbation of the victions into the Constitution of Pennsyl- people, and trust to the result of that puvania. but to represent, so far as I can, rification to accomplish any additional rewhat I believe to be the sentiment of the form that may be required by the people people." of the State. That is my position. It may be wrong; Mr. TALKER. Mr. Chairman: I have but it does not so seem to me. I will not, listened with much interest to the honest however, permit any one to represent me and earnest argument of the gentleman here, or anywhere, as an opponent of wo- from Delaware (Mr. Broomall.) I fear man suffrage. If I am an opponent of much that I shall fail in answering it woman suffrage, then I want to face the as it should be answered; but in enterman who is in favor of it. And I will not taining anopinion contrary to that reached have myself quoted here or anywhere as by that gentleman I ask, through you, the making " concessions." ear of this committee whilst I submit to it I have made these few remarks, Mr. my views. Chairman, simply to place myself right In my judgment, the gentleman (Mr. on the record. I may be mistaken in my Broomall) has started wrong. He assumes interpretation of my duty to those who what he has no right to assume in this sent me here. I am but human, and may argument. When, on yesterday, it was make mistakes. In any event, that is said by the gentleman from Centre, (Mr. how I understand my duty. If I am M'Allister,) who has reported this section wrong I would like to be convinced of it. before us, that when you look at man and I have a few words to say in regard to woman in a state of nature he could see submitting this as a separate article. This no reason why, if you granted to man the Constitution that we are framing (what- right to vote, you could withhold it from ever our personal desires may be) is to woman. I endorsed that sentiment, but be submitted to the qualified electors of in endorsing it I do anything, in my judgPennsylvania, as they are now constituted; ment, than follow in the footsteps of the and to attempt to submit it to any others gentlemanfrom Delaware (Mr. Broomall.) would be revolution. That is the de- He said yesterday, and he says to-day, dared law of the United States, and it is that the member from Centre, conceding not in our power to submit the Constitu- what he did concede, yielded the entire tion that we are framing to the men and ground-was driven from the field-that CONSTITUTIONAL CONVENTION. 555 there was nothing to combat, and that the determine what that organic law shall be. victory was his (Mr. Broomall's) until Shall we incorporate in it the right of the something on the other side was deduced female to vote, or shall we leave that out? worthy of being answered. Do not let the gentleman from Delaware Mr. Chairman, if this is to be treated as (Mr. Broomall) say that in coming to a a natural right, then I say a woman has conclusion adverse to that which the genthe same right to vote that I have or that tleman has arrived at, that we are denyyou have, but I hold it is not a natural ing to the female any right that she has right. It is conventional. You and I by nature, or that she has by education, have a natural right to worship Almighty or that she has by position in society. We God according to the dictates of our con- are inquiring what is the best for me, sciences. That is between the individual what is the best for the family circle, me and my Maker. It does not concern what is the best for society and governme as a member of society, but you and I, ment on this question. That is the suband each and every man in the state of ject that is before us. nature, God has made us so, and given to rNow when the argument is brought us that natural right. WVe have a right, forward here that was brought forward it is said, to life and liberty and the pur- by the gentleman from Allegheny, (AMr. suit of happiness. These are individual MacConnell,) and again to-day by the rights. These belong to man and woman gentleman from Delaware, (Mr. Broomas man and woman, separately and col- all,) that we have found, in England, lectively, but they do not carry with them queens who ruled the country, and we or control in any way in my judgment, have found in Russia, and in Austria, the question that is presented here. and in that fabled land, if anybody can 1Mr. Chairman, let us meet this ques- tell where it was, that Queen Sheba came tion fairly and squarely. We are here to from-queens who administered the govrepresent the people of this State, to form ernment as well as it was ever adminisan organic law, and the question is, what tered by men in the same countriesshall be our organic law? It is reduced when that argument is urged upon us, it in my view of the case, to a question of ex- falls dead, in the judgment of thinking pediency, of propriety, of what is right men, in my opinion-with all respect to and what is wrong. the aged gentleman from Allegheny (Mr. Is it for the best interest of this State MacConnell.) That is the organic law of that we shall allow or that we shall refuse England, of Russia, of Austria, of wherevto the sex the right to vote! The gentle- er that rule prevails; that is their govman from Delaware (Mr. Broomall) eminment. In others, as in France, they takes one side, I take the other; and in have a different organic law-a law that taking it, Mr. Chairman, do not let it be the female shall not reign over the peosaid that I undervalue the sex. God knows pie. What does that demonstrate? NotlI do not. Too long has one of them been ing in the world. The question that is prea companion of mine. Too tenderly dldl sented to us to-day is a question of orwe live and enjoy that society for me ganic law-of what is right to be done in ever to lisp a word or entertain a senti- forming that law, or that rule, or that mnent hostile to the sex. Do not let it be principle. I know that England was said that I believe that they have not in- ruled well in the time of Queen Bess. I telligence enough to vote. I know they know that it is being ruled well to-day, have. Do not let it be said that I for one in the days of Queen Victoria. I know am opposing this suffrage, because I think that Russia was ruled well by the harsh they have not virtue enough, integrity Catharine. I know that the intellectual enough, morality enough, intelligence and strong Maria Theresa ruled Ausenough, love of country enough. No, tria as well as it has ever been ruled Mr. Chairman, these things influence me since. But does it follow from that, we, not at all. It is because I believe that, in to-day, are to incorporate the principle in the position in which they now are, their our Constitution, giving to females the integrity, their morality, their virtue, right to vote? Did Queen Elizabeth go for their influence upon society is better, and that? Does Queen Victoria go for that? will tell better than by giving to them Did Catharine of Russia go for the meathe right to vote that I oppose it. sure, or did Maria Theresa, or Sheba? We are, let me repeat, forming an or- nWere any of them in favor of women ganic law, and it is for you and me here voting? NTo; they advocated their desas members of this body, to inquire and potic rule. In the days of most of these, 556 DEBATES OF THE they denied the right of the people to much more so to you, to me and to our sex vote at all. Gradually the principles in general. grew. It is by keeping, them where they are, I say then, when this is brought for- worshipping them as we do, and holding ward here, as an argument in favor of them in veneration, as we are compelled allowing the females to vote, it falls, to do, that we are elevated and are being without weight, in the judgment of those elevated more and more, from year to who think properly upon the subject. year. I am unwilling, Mr. Chairman, Mr. (Chairmnan, I have said that no man that your wife or mine, if she were living, shall rise upon this floor and place a, should be brought into contact with that higher estimate upon the female than I element on the way to the polls, or at tlie do. They may say it better and stronger polls. I know it is no argument, and I than I can say it; but they cannot say it felt its want of weight when the gentlestronger or more positively than I think man from Centre (Mr. M'Allister) made it. But when I concede that, I am far use of it yesterday, when he said that from conceding that the other side has there may be inconveniences in wothe strength of the argument upon the men going to and returning from the question that is presented for our consid- polls. I know that is not a strong or a forcieration in forming this Constitution. ble argument, and yet there is more in it than we are apt at first to believe. It has Allusion was made by the gentleman a tendency to lower female esteem in the from Delaware (Mr. Broomall) to-day, in judgment of men, and to lower us in the his argument, thata long time ago the la- same way. It has been said by the gendies were treated as beasts of burden; a tleman fom Delaware (Mr. Broomall) long time ago, four o five hundred years, that all governments are based upon the as he said, they were the servants of their consent of the governed, and that there is husbands or their fathers. Those days are no consent given by the families of our past, never to lreturln, in mvy judgmenlt, in citizens to our government, and that, therethis land of ours, and it is to ward it off, fore, the government is established upon to keep it in the far distance that I, for a false and incorrect basis. I must conone, rise ill my place here and put in my fess that I do not feel the force of this protest by my voice and my vote against argument; I do not think that the gengiving to ladies the right to vote. I love tleman can demonstrate to this Conventhem, if one of my age may use that ex- tion that there is any strength or force in pression. I venerate their character, at it. I know thatall government isbased all events, it may say that. Ilook up with upon the consent of the governed, but, I adoration to the position that they now ask, who are the governed in this governoccupy, and I desire that they shall con- ment of ours? Do the females in this tinue tooccupy it. Not long ago, and even State constitute the governed? I admit to-day, if you look over the prairies of the that they certainly form part and parcel west, you will see the squaw of the Indian Of our government. Heretofore they have chief his servant, his drayiman, his tool in consented, and now they consent to the every respect, degraded, debased, without position they occupy, but I have yet to a right that, without a christian elevation; learn when and where there has been a without the sympathies that our females disposition shown on the part of the great have, and without their cultivation. Go body of them to have extended to them again into the common field of Germany, the boon advocated so strongly and so or in our own country, andclook at the po- earnestly by the gentleman from Delasition females occupy there, and tell me, ware (Mr. Brooinall.) The strong objechas it held down man or helped to elevate tion I entertain to the extension of this man-the aid that woman bestows in that right to vote to females, although it may condition? In my opinion it has, instead not be a strong one in the estimation of of an elevating, a pulling-down influence others, is that it lessens our respect and upon the character of the man and the our veneration for the female character. character of the woman. It is true that we have had addresses deI am unwilling, then, that the female of livered to us in this hall by intelligent, this day, chaste, educated and pious, with virtuous and educated ladies, but I all the fine sensibilities of her nature, shall would ask what we have learned from be placed in a position where, as a natu- them. We heard one of them boast that ral consequence, there may result degre- she had the right to vote because she was dation to her, and if degradation to her, the mother of nine children. ThisI deem CONSTITUTIONAL CONYVENTION. 557 to be a species of degradation, and a source Those remarks I would hardly consider of corruption that, I think, ought to be it worth while to notice, were it not for feared if such addresses as these delivered the character and intelligence of the gento old seniors like us can come from the tlenman who uttered them. I was astonlips of refined and educated females. If ished as well as grieved to hear gentlesuch is the case now, what may we look men of such intelligence debate this for when they are addressing thehustings, question in such a manner. We heard and engagadl in active political warfare? the honorable delegate at large from Centre county, (Mr. M'Allister,) the It is to avoid all this evil, Mr. Chair- chaieran of the Comittee on Slter) age, adoethfainh chairman of the Committee on Suffrage, manL, and to keep the female in the posi- telling the mlelnbes of this Convention tion she ought to occupy, that I am op- that if women wele allowed to vote posed to this boon which has been so thev fwould have to go to the polls in strongly advocated. Lookingat this mat- bloomer costule. 1-e gravely presented ter in the narrow point of view that I have that as an argument to this body wshy I do not know that anything more can they should not vote. I would like to be said. When gentlemen on this floor ]now from the gentlenan, who thinks boast that the victory in this question i this ost e is so ieiculous, if men at with them, because we assent that if times lave not wvorn costumes equally as woman suffrage is to be granted it is a ridiculous, and if a woman desires to question of natural right, I reply at the wear the lloomer costume has she not a outset that if this is a natural right, it is a right to do so? right belonging to the one sex as well as Does the mere matter of costume affect to the other, but I, for one, deny that pro- If by the mere whim her right to vote? If by the mere whim position. It is not a natural right. It is a of;fashion, bloomer costume should beco0nventional right, and the only ques- come the style of garme come the style of garments for men, I tion presented to us, and the question we venture to say that all the members of will manfully meet is this: Is it a matter this Convention would, in the course of of policy, of discretion, and of correct time, wear this costume. Conventions judgment to incorporate that provision in might assemble an we might have the our Constitution? That is the only ques- pleasure of beholding the delegate from tion, but if it is one of nature's rights then Centre (fir. Mllister) clad in the very I yield the question, but I deny that pro- costume e has denounced on this floor. position, and say, as I have before, that itf essis then a mere question of fashis only a question of expediency and sound. ion, it cannot affect the right of women judgment, a question of what we believe to vote any more than it can affect the would be for the best interests of both rights of a male elector in this respect. male and female for the happiness of the also astonished to hear the delesocial circle and the permanent advance- gate at large from Allegheny (Mr. -V. H. nment of the interests of society. Smith) insinuate that all the advocates of IMr. CAMPBELL. Mr. Chairman: Hay- this movement were either heretics or ing had the honor, for I esteem it an honor, bad persons. He said that the Woodhulls to present the minority report of the Com- and the Claflins, of New York, were a ilittee on Suffrage and Elections upon this fitting type of the persons who were adsubject, which report dissented from the vocating this movement. It is, perhaps, majority report upon the question of re- unnecessary for me to say that the gentlestricting to male electors the right to vote, man has forgotten a great truth, and that I deem it proper to state, as far as possi- is, in all great agitations the scum always ble, the reasons which actuated us, and rises to the surface. The existence of myself in particular, in presenting that that scunm shows that there is a power report. I am glad that to-day there is a being exerted beneath the surface, as the disposition upon the part of the committee gentleman from Delaware (Mr. Broomall) of the whole to look upon this subject, remarked so well this morning. and to consider it in a serious aspect; and Because Tweed and his associatesin New I have been very much pleased, indeed, York are corrupt scoundrels, and, I may with the manner in which the gentleman add, because we have in Philadelphia cerfrom Erie (MIr. Walker) has set forth his tain notorious and corrupt scoundrels and views upon it. They were in marked con- politicians, that is no reason whythe mass trast with the flippant and puerile remarks of the mllen who vote are like them. Soit is made yesterday byanumber of gentlemen with these Woodhulls and Claflins. You on this floor. cannot compare these people to the body of I5S DEBATES OF THE the people interested in this movement of possible, to prove that it is a social or a powoman suffrage any more than you can litical right under our present political compare the wretches who, at the begin- system. ning of the French revolution, committed Now the Declaration of Independence the terrible outrages upon the name of has been often quoted here, and I do not civilization,withthemassesof the peopleof think it has been too often quoted, beFrance who rose, almost as a unit, follow- cause it is one of the greatest instrumlents ing these wretches to sweep out of exist- that was ever written, and it gives us one ence the corrupt frame of society existing great truth: That all just powers are deat the time. I think such an argument as rived from the consent of the governed. that is so weak as hardly to command It also gives in that instrument, as one of notice. the reasons why the colonies declared So it is with the gentleman, the dele- themselves free and independent, because gate at large fromPhiladelphia, (Mr. Gowf- the king had imposed taxes upon them en,) who undertook to get up before this without their consent. Now whenever body and say that a mere little nursery you find a large body of the community rhyme which said: taxed without their consent, whenever " Adam was the first man, you find the powers of government exerEve was the other," cised without the consent of a large numwas the only authority for considering a ber of the governed, then I say that those woman a freeman. It was an attempt by powers are unjust; that there should exist, means of reciting that little nursery on behalf of that large class unrepresented, rhyme to bring this matter into ridicule. though taxed, the right and means of givI think that is beneath the dignity of ing them what they are entitled to-the this House. You cannot ridicule a great equal protection of the laws with all their movement. The gentleman from Dela- fellow-citizens. Whenever itbecomes neware (Mr. Broomall) well remarked, this cessaryto protect the rightsof a large nummorning, that if christianity had depend- ber of people, and whenever the ballot is ed upon the ridicule that it underwent the means-the sole means-of protecting there would be no christianity at the pre- those rights, and of protecting that large sent time. Now, as I said at first, I am number from encroachments upon their pleased with the general tone of the re- interests, whenever the ballot becomes marks of the gentleman from Erie (Mr. necessary for the accomplishment of these Walker) this morning. He has treated ends, then I say it is a right, it is a politithis question in a serious, sober light, and cal, a social right, which you cannot, in has advanced certain arguments which I justice, deny to that large number, who am pleased to have the occasion to an- should be represented and should have swer. their interests protected. Coming now to the real point of this Is the ballot necessary for the protection matter, we find that all the objections to of the interests of woman? That is the female suffrage range themselves under question now. If we take a look at the two head-. wretched condition in which women have The first is, women have no right to been hitherto held, and which now, though vote. The second is, it is not expedient to a little better, is still far from perfect; if grant to women the ballot. twe look at the laws which have been passed A few words as regards the right of wo- regulating their marital rights, their rights men to vote. The chairman of the Com- over their children, their rights over their mittee on Suffrage, Election and Repre- property, both before and after their death, sentation (AMr. M{'Allister) stated that he we will find that condition so burdensome, did not consider that this right was a natu- those laws so unj ust, so unequal, so unfair, ral right, and the gentleman from Erie that, I say, it is a necessity for women to (Mr. WValker) this morning concurred have the ballot, in order to bring about with him in that view. I, myself, Mr. the lightening of her burdens, and the Chairman, considering the words " natu- passage of just laws in her behalf. ral right" in their ordinary signification, The gentlemanfrom Erie, (Mr. WValker,) and going back before the formation of this morning, made some remnarks in political society, will also join with these reference to the degradation of women in gentlemen and say that this is not a natu- some of the countries of Europe, and he ral right; but if it is not a natural right is pointed also to the degradation of the it not a political or a social right? So I women among the Indians. If he comhold it to be, and I wish, in as few words as pared the condition of women in this CONSTITUTIONAL CONVENTION. 559 country now with what it was twenty, Then, I say, taking the fact into conthirty, or fifty years ago, when it was some- sideration, that there are, clearly and bething similar to the present condition of yond doubt, most unjust and most inwomen among the Indians, or in Europe, iquitous laws in reference to women and he will find that the advance that the their property, their rights over their woman question has made in this country, children, their rights in respect to their during the last twenty or thirty years, husband's control over their property, I has been due to the agitation upon this say, taking all this into consideration, very subject of woman suffrage, that the then the ballot is a necessity, in order laws in reference to women's rights, that women shall be protected in her which are being passed, session after ses- rights; and the right to the ballot, then, sion, are being extorted from the male is clear and beyond doubt. It is then a legislators, because those legislators are political and a social right; for, when you forced into the opinion that women have consider the fact that there are unjust laws rights that should be recognized. But in reference to women, then it becomes a the laws at the present day still deprive necessity that woman should be reprelarge numbers of the women of a great sented in a better way than she is now, many of their rights. In the matter of in order to remove that unfairness. Now their property, we all know the unjust, the only way to represent her, in our the unfair laws-relics of the barbarous country, or in any other country where notions sometimes found in the old Eng- the right of suffrage or the right of the lish common law. We all know the un- ballot is exercised, is to give her the baljust laws that give control of the wife's lot; and I say, there being a necessity for property, practically, to the husband. the ballot to protect her, she has a right AVe all know that, when a woman dies, to it. Whether you consider it a natural her husband holds a life interest in her right or not it is, in the condition of soreal estate; but, when a husband dies, ciety at the present day, a political right the wife has no life interest in his real that you should not deny to the large estate. WVe all know that a woman can- number of women in this Commonnot appoint, in her will, a guardian for wealth. her children, to watch over them after BNow the other objections that are made her death; and we all know that a man against giving woman the right of sufcan do so, by will, for these very same frage range themselves under the head children. I ask you, Mr. Chairman, is a of the one general objection-that it is man's love for his children half as great not expedient to grant suffrage to woman. as a woman's? We all know that the A. great many persons, who have thought wages that are paid to women, in the same over the matter, are willing to accede that employments with men, are entirely in- there is no justice in denying the right to adequate, entirely unequal, entirely un- vote to wornen, but at the same time they just. WVe find, that where women are say it is not expedient for women to exemployed as teachers in our public ercise the right of suffrage. The princischools, performing the same amount of pal arguments, or, asJno. Stuart Mill calls work as men do in similar positions, that them, aphorisms, that are so ranged under where a woman will get, say $400 00, a this head, are those that I shall now proman will get $800 00 or $1,000 00. We ceed to enumerate. find, that where a woman is paid so little, The first objection is, " politics is not that she can hardly support herself, and a woman's business, and she would nesubsist upon the small salary she receives, glect her home duties if she were obliged that a man, doing the same work and no to mix in politics." Now we all know more will get sometimes twice as much that where -women have been called upon salary. I say all these unjust and unfair to exercise their judgment or their powlaws, now existing, in reference to women, ers in reference to politics, or to the adare upon the statute book, at this day, be- ministration of government, or to the ducause there has been no representation of ties of municipal or general government, women in our assemblies, in our Con- they have always shown themselves pergress, in our Legislatures. In our repre- fectly competent to undertake the mansentative bodies, of any kind, there has agement of any affairs of the kind. been no representation of women, in order Instances have been cited of numerous that their rights should be respected, and exhibitions, well known to all those fajust laws should be passed concerning miliar with history, of women who have them. ruled large realms, and have ruled them 560 DEBATES OF THE well, and others who have manifested rather not have it? I do not wish to be usefulness in more restricted spheres. I understood here as opposing the exerwill not now detain the committee by cise of the right of suffrage by negroes. going over the names. Fortunately that question is removed from ~We all know, however, that in the light this Convention, or I presume it is, as the of experience, where women are called committee has reported a section with the upon to mix in politics, where they are word "white" stricken out, and I hope it called upon to undertake any of the du- will not cole before this body; but, using ties of government, or of the administra- it as an argument, I ask is it cor sistent tion of public affairs, they are not only for these gentlemen who advocated the perfectly competent, but that it does not right of the negro to vote, to use now as interfere with their social duties; that against woman suffrage the arguments they are not degraded by such mixing in which their opponents used then against politics; and the letter that the gentle- negro sugrage? man from Delaware (Mr. Broomall) read The third objection is: "Women have this morning fron a judge in the Terri- power enough already, and therefore they tory of Wyoming, inwhichTerritory they should have no more." To me this seems have tried the first practical experiment a very cowardly objection. Do men fear of woman suffrage, shows that on the that when women come to vote they shall contrary the mixing by women in poli- be deprived of the right to hold office? Do tics and public affairs has had a very iln- nlen fear that they will be renloved froln portant and beneficial effect upon the the active sphere of politics, and their men in that Territory. I assert that wo- places be usurped, as they might call it, Inen can mix in politics without disturb- by women? ing the sanctity of the home. The case Do men fear that they will not have of Wyoming is a practical illustration of their full share of public offices? I say it. Out there women take part in pri- that is a very cowardly argument, and mary and other elections, and sit on ju- hardly worth noticing. In the addresses ries, and the evidence is that such a state that we heard in this HIall before the Cornof affairs has increased the general stand- mittee on Suffrage, a few evenings since, ard of intelligence and virtue and moral there was a very amusing incident told worth in the whole community. that just suits this sort of argument. The The second objection under this head French school teachers in a certain city is that "women do not desire suffrage petitioned the proper authorities fir al-l and would rather not have it." 1 put increase of salaries, asking probably what it to those gentlemen who represent the was not nearly the salary that len got. dominant party in this country to-day, The gentlemen in authority said: "WVell whether, when they were met with that we have no doubt you ought to have it, argument at the time they wished to force but you have not any votes, and we cannegro suffrage upon the south, they did not give you the increase." At the same not reply that the negroes had been kept time they said to a deputation who had in such a servile condition, so remote the right to vote: "'Oh, yes, we'll grant from all opportunities of ascertaining you whatever you want." Now do genwhat they really wanted that they were tiemen fear the time when women will, by not capable, in the then existing condition ceans of proper representation in the of things, to say whether they wanted government, be entitled to the same consuffrage or not, and whether they did not sideration by the laws, will have the further say to them:'" If it is a right, as same laws passed for them that are passed we hold it to be, if it is expedient that you for men, and will have the same wages should give suffrage to these people, then for the same work that men get? Will if not more than one single black man ask women legislate men out of power? )o for it you shaccll give it. Is it consistent for mnen fear that? 1 think they do not need these gentlemen, after using these argu- to fear it. It will be found that when the ments, after saying that those negroes women get the right of suffrage and vote, were so uneducated-so devoid of intelli- they will pass just laws, placing them gence that they could not tell whether more on an equality with men, and giving they wanted suffrage or not, and therefore them that due consideration, which herewould not ask for it-is it consistent of tofore they have not had in the distributhose gentlemen now to deny to women tion of power in the government. the right of suffrage upon the ground that The fourth objection under this head is: she does not ask for it, that she would "If you give the right to vote to women CONSTITUTIONAL CONVENTION. 561 it necessarily carries with it the right to the fact that women do hold office and bear arms." hold it well. In a nunmber of the school This, to my mind, is a very weak and boards of this country and of other counlfallacious argunient, because where have tries women do exercise these powers; wve, in any period of history, either in our hold positions as minor officers under own country or in any other, where do government. we find in any Constitution, in any code And we know that in Wyomning Terriof laws, or any municipal regulations, tory women have held offices, women that the right of suffrage carries with it the have sat upon juries, and the testimony right to bear arms. Almost every day we has been: That where they have held have petitions presented in this body from offices, -where they have sat upon juries, members of the society of Friends, asking the business of their offices and the adthat they should be exempt from the per- ministration of the law have been infiniteformance of military dluty, and that they ly superior to what it was before they held should not even pay a tax in lieu thereof. them. I do not mean to be understood I know that there are a large number of as saying that women can do everything gentlemen on this floor who believe that better than mlen, because I do not believe those persons, having conscientious scrl- in such a doctrine, nor do the womeln ples against bearing arms, should be ex- themselves; but I say where you have a erupt from military duty. I ask any of proper mixture of men and women in those gentlemlen so believing, would they your public offices, and upon your juries, for one moment entertain a proposition to and as representatives of the people, you deny these members of the society of will have a higher tone in the adminisFriends the right of suffrage? But some tration of the laws and of justice. gentlemen will tell us that because a we- The sixth objection, which is similar to man cnnot bear arms, or does not want the first one, that it is neot womens' busito, she should not have the right to vote. ness to mix in politics, and which seems It is the very height of inconsistency. to be the greatest bugbear to most of the The right to vote does not carry with it gentlemen who have not seriously considthe right to bear arms. I-low many inern- eredthesubjectis: "Thatit would degrade bers of this body are there who are physi- woman to give her the right of suffrage;;" eally incapable of bearing arms by rea- that she would be compelled to go to the son of being beyond middle age? How polls, and we would witness, not only the would they like to hear some one say to. scenes that we witness at present, but we thenm, "Y You.cannot bear arms, and there- would witness scenes far worse; that it fore you cannot vote." Would they say would be a crying disgrace to our civilizathat was justice? -No; they would say it tion; that the character of women and was rank injustice. So it is with women. and men would be lowered by woman gcThere are other departments in conne- ing to the polls and degrading herself as tion with the army wherein women may they say. Ihold jnstthereverse. I hold serve their country efficiently without that in the place where we have seen the bearing armls. They can nurse the sick matter practically applied, where we have and woulnded. Thev can become clerks seen women exercising the right to vote, in government offices, and attend to a in the Territory of Wyoming,the contrary great many details of government busi- has been proved. You have seen thetesti — nless as well as ally man, and all this with- molny of the Governor of the Territory,. out bearing arms. you have seen the testimony of the judge For myself, unlike my friend from of the United States Court in that TerriDelaware, (Mr. Broomall,) who cited his- tory, and their testimony is: That not torical incidents of women who fought in only does it not degrade woman, but, on order to prove that they can fight, I the contrary, it gives a higher tone not never want to see the day when women only to women but to men. will fight, nor is it at all necessary that I ask the gentlemen here, all of whom they should. Their right to vote does not are no doubt familiar with the ordinary depend upon the right to bear arms, nor scenes at our elections, what can be worse upon their fighting or not fighting. than the sight of miserable, drunken The fifth objection is that "women good for nothing wretches, that we see could not hold office; it would not be ordinarily, lounging around the polls? proper." What can surpass the disturbance, the I would, in this connection, call the at- disgraces to the peace of the community tention of members of this committee to that take place at those elections? What 36 562 DEBATES OF TIHE ~can be worse than the character of the manner, or rather in order to submit to election officers, in many instances, who the people, to whom we should submit are placed there to take charge of the everything that we do, in an intelligent elections? I ask gentlemen here, is it manner, the imatter of female suffirage, possible for such scenes to be made worse? we propose to ask the Convention to agree If you give the right to women to vote, to the submission to the people of a and let them go to the polls, you will find separate amendrlment, without the word the same thing in Pennsylvania that you.'male" being included in it, and we would find in Wyoming. You will find that ask these gentlemen who do not believe when women go to the polls they will be n the right of females to vote, to give us, treated with respect. You will find that out of fairness, out of justice, the opporthe disorder, and the confusion, and out- tunity to test the question before the peorages which are constantly in attendance pie. upon the elections at the present day will The gentleman fronm Potter (Mr. Mann) cease, and that men will become better says the people have not asked us for it. citizens. The way to find out and determine whethThese are the principal objections as I er the people do or will ask us for it or not said that are made to the exercise of the is to get an expression from them at the right of suffrage by woman. Looking at polls. Therefore we propose, at the proper it as a political right, neoessary for the time, to ask the committee, and finally the well being of half of the community, I Convention, to give their consent to the might say more than half the community, submission to a separate vote of the secnecessary for the protection of that half in tion giving females the right of suffrage, their rightts of person and of property, lne- and we -ask in common justice, in comcessary for the political existence of that mon fairness, in common deference to the class, I say that this right should be views of a large number of members on granted by the people of this Common- this floor who desire to see women vote, awealth. and in common justice to the numbers of I wish, before closing my remarks, to re- women themselves, that the Convention fer to the argument that was used by the shall give to them also an opportunity to gentleman from Potter (Mr. Mann) yes- be heard upon the question as to whether terday. He says the people have not they want to vote or not. While in favor asked for this right. He shall vote against of doing this, I wish to be distinctly unit because the people have not asked derstood that in submitting this section in for it. I would ask the gentleman what the llanner proposed, we think that it is the people have asked for? How have the best way. I tWlink the people should they expressed to us their wishes? Have rise to the emergency, and should prothey not told us, in electing us: "You nounce absolutely in favor of giving to are to meet together, as our representa- the-women the right to vote. I shall vote tives; you are to frame such amendments willingly, and with the greatest pleasure, to the Constitution as you, in your own to strike this word "male" out of the secwisdom, shall deem fit, and the under- tion, because I do not think it is in there standing between you and us is that all justly, and I therefore wish to see it got those amendments that you propose and rid of. consider, and finally pass upon, shall be It will not doto treat thismovement with submitted to us at the polls." Have they ridicule and with contempt. In the Connot told that to us? Then are we not con- vention of 1837-38 the proposition to strike scientiously performingour duty, if in our the word "white" out was treated with belief a certain thing is right, we ask this ridicule and contempt, just as this quesConvention to submit that question to the tion.ls being treated now; and what do people? we find? Thirty-four years have elapsed, We, the minority of the committee, and you find that the word "white" in the wish now to strike out the word "male," Constitution of this State is to-day useless. because we believe that there is no jus- So it will be with this movement. Even tice in denying to women the exercise of if it fails here, even if it fails temporarily the elective franchise. WVe wish to place before the people, the time will come, ourselves right on the record, in striking and, aye, soon, when the right of women that word out. We desire that our names to vote will be no longer denied; when shall be upon the records favoring such a j ustice will be accorded to her; when she proposition, but in order to allow women will take her proper part in the administo obtain the right to vote in a practical tration of the laws and of government, CONSTITUTIONAL CONVENTION. 563 and when occupying the positions as as the fellow of man in his struggle for equals, in certain political rights, with political advancement. I am willing to men, as the A;lmighty intended she admit everything that has been urged should, we shall have a better state of by the gentleman from Delaware (AMr. society, a purer and higher devotion to Broomall) complimentary to the ifemale ourcountryand our God. The sooner the sex. ~Nay, more; I aim willing to admit meomoersof this Convention will recognize that men, in their relations with each that fact, and help, by their votes, to bring other, would be improved if -womanl exerthis state of society about, the better it cised the right of suffrage. I believe that, will be for the mLlasses uf the people of the no matter what the reasoning powers of' Commonwealth, as rwell as for the gentle- womlnan may be, and I am not one of those men themselves. who wNrould deny her the equal attributes Mr. Gowl^xvN. _Mr. Chairman: I rise of reasoning faculties with mann, but no with a feeling of very great reluctance. I matter what these reasoning faculties mlay aml almlost overpowered to think that so be, her instincts are always right. I bemalny memnbers of this Convention who lieve if the women in this State had the adhere to old-fashioned ideas and old- right to vote, such disgraces as we have fishioned usages, are charged by my lived under in our political elections fiiend from Philadelphia (Mr. Campbell) would cease forever. I believe this to be with being puerile and flippant. I re- a fact; but, Mr. Chairman, at what sacrigret it exceedilngly. There is no meem- fiCee could it be secured?'W~hat price ber in this Convention in whose opinion would we have to pay ifor the accomplishwe should all stand better than in that of ment of this good? 1W1hy, sir, at the sa,imyjr friend from Philadelphia, but I must rifices of all the most beautiful, the most assure him, unless he can bring beter am'- delightful, and the mnost holy associatiao's guments to support the position he takes, that cluster around our homes. It h as or sugg'est reforms that will co;mmnend been charged, and well charged, against themselves to the good sense of the Con- the Anmerican people, that the life of a'n vention, he is to be blanmed if those who Amnerican citizen is devoted to the acc;:1differ with him speak flippantly upon mulation of wealth, or the gratificatiou the subject. 1 believe, Mr. Chairmamn of political or other ambition. True it is, that there is no Comimonwealth in this and it cannot be denied, that, especially country where the people are more con- in the crowded mlarts of commnlerce, the servative than they are in the Conmmon- sacred relations of home do not influence w\ealth of Pennsylvania. I believe thei'e our lives as they do in some of the older is a great deal of the old Gernian and counitries of Europe. I speakl now more Quaker leaven throughout the good peo- particularly with reference to our cities. pie of this State, that revolts with indig- Let mne illustrate thle arguiment I have nation at the ideas of solne of the would- to mnake by referring to another subject. be reforlmers that are presenited to this It is well k1nown anrd admnitted that our Convention. I know that it is with great social or political fabric, in this city pardifficulty that some people can resist the ticularly, had become so corrupt that the temptation of taking other people's pro- legislative power in this Comnnmonwealth, perty to pay their own debts, and it al- in orlderto rescue us from the evils that ways will be a favorite scheme with mod- environed us, have been, for the last five ern reformers to introduce comlnnu- or six years, gradually vesting in the junistic ideas into our social life. diciary the power of appointm ent to office I am willing to admit, however, that instead of vesting it in the people. And thiiere are a great mrnanywell-meaning men why? Simply because, to our credit be who think that our social life would be it spoken, the judiciary of the Conmmonimproved by giving to women the right wealth of Pennsylvania wa.s pure and re — of suffrage. I think the people of this cognized as pure; anrid it 7was believed Commonwealth sent us here for a better that by taking away from the pepple the purpose than to divide the property right of election to certain offlices which amlong all the persons of the State, irre- control the distribution of money and spective of the will of the one whose mus- patronage, we would secure a better adele or Nwhose talent acquired it; and I be- ministration of public affairs. The result lieve the people of this Commonwealth has proved this to be the case; but what, are ten to one against any proposition that Mr. Chairman, has been the effect upon shall destroy the sanctity and the secu- the judiciary? Already we see it. Alrityv of their homes by holding up woman ready we are besieged in our offices 56G DEBATES OF THE and in our houses by applications, more important for us and the Commondrawn up by politicians, requesting wealth that she should exercise and perour namnes to be attached to them for form. Therefore, Mr. Chairman, I have the appointment by the judiciary of cer- taken the floor as the champion of woman. tain persons to office, and the result of I admit all that has been s.lid coimplithis systelm will be such that hereafter mentary to her. I grant to her every atthe office of a judge will be sought after tribute which her most ardent admirer by the mere politician, for the purpose of has invoked for her. I stand here for tie dispensing patronage, to the degradation protection of those women -the pure, of the judiciary of the Commnonwealth of the noble and the high-minded-who Pennsylvania. So will. it be with the would no more enter into this hall to ask right of suffrage by woman. True, it the right of suffrage f>rllmthis Convention may elevate the man. True, it may re- than they would dcegrade themselves by rnove the asperities of public and politi- the exercise of it if it was granted. I ask cal life. True, it may purify many of for them that we shall erect this barrier the noisome sinks of corruption that in- between ourselves and them, that they fest this city; but these results can only may be regarded in the future as they be accomplished by the creation of an have been in the past, and that we will evil which is ten times greater, and that not have presented to us, in this city and is the destruction of the sacred relations in this Commonwealth, the abject spectaof our homes. cle of a woman at the hustings, striving " Th~ere woman re igus-tthe mother, daughte ife to deposit her vote, to the neglect of her "-~ lTkere vomau reigus-duhe mother, laugchter,. offe Strews with fresh flowers the narrow way of life ~ family duties, and to the destruction of In the clear heaven of her delighted eye, thoss social relations which it is so imAunanuel guard of loves and graces lie; portant for all of us to maintain inAround her knees domestic duties meet, violate. And fireside pleasures gambol at her feet." It seelsS to Ime, Mr. Clairman, that the It is such a womanl as this who should wild reformers of* this age have overbe held up as the character of the Penn- looked the distinction that was made by sylvania -woman, and not Catharine of the Almsighty, and that they forget that Russia or Elizabeth of England. God the relative position of the two sexes was3 forbid that the character of Catharine of not intended to be the as-aie, I know Russia, or even of Elizabeth of England, that there are men and women living in should ever be held up as a pattern for this modern age who count themselves as the young women of this Comlmonwealth reformers, agrarians and communists, who to follow. It is such a relation as the believe in overturning all the settled trapoet describes that I propose to protect ditions of our ancestry-nmen and women and to defend, byplacinga barrier between both, who with an assurance which mnust the wolnan and the man that shall pre- to some extent comnmand our admiration. vent her taking part in this wild and fan- for its effrontery, would intrude itself into tastical struggle for government. The the company of angels and ainong the home ntluence that woman exercises, councils of heaven, and dictate to the Alnot only upon the child, but upon the mighty what should be the policy of orzlyoung man and the old man, is the only nipotence, but I believe that the relations influence that we can rely upon, with an between the sexes, as they were estabunfaltering confidence, to bring up the lished by the Almighty in the garden of young people of this Commnonwealth so Eden, are the relations which should conthat they will revere the sanctity of their tinue through all coming time. homes, and, whatever may be their I believe that there is no nation or comfuture life, look back, with a fond and munity that can rudely lay its hand upon sacred reverence, to the stainless purity these relations and prosper. I am aware of their early lives. I admit that womuan that this has been done in some countries. enjoys all the mental faculties requisite I know that in some parts of the contito a proper exercise of this right of suf- nent of Europe you can see a man driving frage. But the very fact that she has a plough, drawn by a woman yoked to a these faculties, as she is always more cow. I must say that I think it is as deconscientious than man, will make her grading to a woman to enter the political ambitious to understand and appreciate arena, and cast her ballot with men and the duty that she is called upon to per- take her part in public life, as it is to be form, and that never can be done, except hitched with a cow to pull a plough driven by the neglect of other duties whic-h it is by a man. If the right of suffrage is ex CONSTITUTIONAL CONVENTION. 565 tended to women, where shall we stop in stand trembling at the opening portals of the progress of events? Are they to be the tomb. j urywomen? Are you to send a woman MSr. DE FRANCE. Mr. ChairmaA: I move out with a crowd of men into a j ury room that the committee rise, report progress to spend three or four days or nights, un- and ask leave to sit again. til the verdict be rendered? Mr. Chair- The motion woas agreed to. man, I want this sacred relation, which is the purest and best of our free institu- IN CONVENTION. tions, to remain forever the same as it now The committee then rose, and the Presiis. The woman for whom I plead is not dent pro tem., Mr. Walker, resumed the she who comes into this hall, and strug- chair. gles before a crowd of men to be heard NMr. LAWVRENCE. Mr. President: The upon the. question of female suffrage. committee of the whole, having had unNot Elizabeth of England, nor Catharine der consideration the article reported by of Russia, nor Boadacia, not the modern the Committee on Suffrage and Election, amazonian reformer, but woman-the mo- have instructed me to report progress and ther, the wife and the daughter-the pure, ask leave to sit again. the gentle and the good, who meets us at Permission was given to sit to-morrow. the cradle, who accompanies us in our Mr. ANDREW REED moved to adjourn, pathway through life, and who, at the end which was agreed to. of this long pilgrimage, is the last mourn- And thereupon, at two o'clock P. MI., ful attendant who parts from us as we the Convention adjourned. 566 DEBATES OF THE THIRTY-FIFTH DA1Y. WEDNESDAY, February 5, 1873. That rule cannot be changed except as The Convention met at eleven o'clock, provided by the rules. Mr. Walker in the chair. The PRESIDENT, pro temn. I decide the Prayer was offered by the Rev. James question of order is well taken. WY. Curry. LIBIITATION OF PROSECUTION. JOURN-AL. O A r. STE WART offered the following resoThe Journal of yesterday's proceedings lution, which was read and referred to was read and approved. the Committee on the Bill of Rights: POLL TAX. Resolved, That the second paragraph of section ten, article nine, in the ConstituMlr. TmNIPLE presented a memorial from' o tion be so amended as to read: certain citizens of Philadelphia, asking "In all cases where there has been a for the enactment of a law compelling the final verdict of acquittal or conviction, payment of the poll tax, which was read after an adequate indictment, the defendand referred to the Committee on Revenue anad Taxation. ant shall not again be proceeded against, criminally, for the same offence." PROHIBITION. Mr. FINNEY offered the following resoMr. TURRELL presented a petition from lution, which was read and referred to the certain citizens of Susquehanna county, Committee on Suffrage: relative to the manufacture and sale of Resolved, That at every general or muintoxicating liquors, which was referred nicipal election held in and after 1885, to the Committee on Legislation. every elector who shall not theretofore LEAVE OF ABSENCE. have voted within this State, shall be able M\lr. CHEAS. A. BLACRK aslked and ob- to read the Constitution of the United tained leave of absence for Mr. Purman States and of this State, and to write his for a few days. name. PROHIBITION. SUFFRAGE. Mr. ARII3STRONG presented three several The PRESIDENT, pro tem. The question petitions from certain citizens of Lycom- before-the Convention is the further coning county, praying for an amendment to sideration in committee of the whole of the Constitution prohibiting the manufac- the article offered by the Committee on ture and sale of intoxicating liquors, Suffrage, Election and Representation. which were referred to the Committee on The Convention then, as in committee Legislation. of the whole, Mr. Lawrence in the chair, proceeded to the consideration of the arLI.MITATION OF DEBATE. tide reported by the Committee on SufMr. HAZZARD offered the following reso- frage, Election and Representation. lution, which was read: Mr. WRIGHT. Mr. Chairman: I feel Resolved, That upon the subject of justified in claiming the attention of this woman suffrage no member shall speak body, as I have not troubled them but twice until all have spoken who wish to once in the last five weeks, and I consespeak, and none shall speak more than quently claim the right now for a short ten minutes at one time. time of their attention. Mr. KAINE. I rise to a question of I had not designed to raise my voice order. The standing rules of this body upon this vexed question. It had been provide that no limitation shall be applied floating through my mind for years, and to discussions in committee of the whole. I had not been able to arrive at anything CONSTITUTIONAL CONVENTION. 567 like a satisfactory conclusion upon the borders of starvation, it was that man subject. The discussion of yesterday and Elias Howe; standing out with his sewthe day before, however, brought me to ing machine, perfected, in his hands that something like a conclusion; and as I was to ameliorate the condition of the stand here to-day, in association with my laboring poor, and yet a determined oppocolleagues, the representative of ninety- sition opposed it for years. Reform has eight thousand female constituents, I ever been opposed through ignorance and think they have a right to look to us that prejudice. I remember the day when in their rights shall be represented upon this the county of Luzerne of and all her floor. The conclusion we may come to population but one solitary man dared to upon this subject is one of vast import- stand forth and raise his voice against the ance; and how does it stand before us blight of American slavery. He was now? There are three propositions before ridden upon a rail; and the pavement this committee-the first reported by the was lined with thousands to witness the committee who had the subject in charge, disgraceful spectacle, but fearing to put with the words " male citizen;'" the next, forth a hand to rescue the victim from the the amendment of the gentleman from degrading position into which they had Delaware, (Mr. Broomall,) to strike out placed him. I lived still further to see a the word "male," and to leave the word day when that same principle not only 4 citizen" stand by itself; then the mo- through my own county and State, but tion of the member from Indiana, (Mr. throughout the entire Union, swept like Harry White,) to strike out both these a storm. Nor, sir, were its waves conwords and insert the word "freeman." fined to the narrow limits of this State, It has been thought that perhaps these or even the Union itself. The wave rolled ladies will be left down a little more upon the ice-bound shores of the empire gently by the adoption of the latter clause; of the: Czar, and the first fruits of: the be decapitated' and not know what hurt grand principle was to shatter the shackles them —a sort of rhetorical dodge it is, in of thirty millions of Russian serfs. It my estimation; and yet when I listened was a strange thing to comprehend that to the argument of my friend upon: the these men who were holding secret meetother side of the hall, (Mr. Gibson,) I ings under garrison, and others in the was brought to the conclusion that the eastern and western States, should see word "freeman " was, after all, a better the acorn that they thus planted rise in term than " male citizen," because many thirty years to an oak that should extend men might vote as male citizens that the its branches over the entire land! That, word freeman would entirely exclude, sir, was a matter of progress and reform. and I consequently prefer the latter. How does it differ from the matter under The member from Delaware, (Mr. consideration to-day? Why, sir, let me Broomall,) in the conclusion of his re- say that the old revolutionary war was marks, as I understand it, places this but a step in reform, not merely a step question upon its true ground, not as a but a great stride. What was it, I ask, matter of expediency, but as a matter of' that inspired that noted man from Virreform; as a matter of advanzce~rment in ginia to open his voice in Carpenter's hallcivilization, and upon that point of view only a few furlongs from this place-and it is that I propose to consider it. Reform to send from there a note of warning that has been opposed in all ages of the world aroused a continent to arms. It was the advancement has been assailed from the principle that the inhabitants of the colotime that Fulton invented'his steamboat, nies were bound by laws in the enactmert of which they had no voice, the and what an array of opposition there was ment of which they had no voice, the to that! Yes, sir; we read in history same principle that prevails to-day in rethat the landed proprietors of Great gard to women. But how did our ancestots-receive that note that was issued to Britain bitterly opposed the progress of Stephenson's railroad scheme, because it them? Theythrewdowntheimplements would destroy their fox-hunting granges of husbandry and trade and rushed to the and scare away their grouse. But the fields of Princeton and of Monmouthprogress of the railroad went on. If yes, to our own fields of Germantown and there ever was a man that stood upon the Brandywine, and God-ever with the 568 DEBATES OF THE right-gave victory to their cause and to dissension in the household. Why, Mr. their arms. It was a question of reform; Chairman, what family on earth is there it was a change from oppression. It was in which there is not difference of opinion rising for their rights when these rights and dissension? Are there not different were denied to them. Now, sir, that is views with regard to every question of what our ancestors did on a like occasion policy that rises betwixt the husband and to this. And shall we, their sons, be wife, and the children that surround their recreant when the same principle comes board? Some go to one church and some up for consideration, and shall we refuse to another. Some take one view of polito do what they did with such alacrity? tics and some another. Why dissension VWhat is.the condition of - wonman in is the natural inheritance of the family relation. But it need not disturb the Pennsylvania? She has come to be, to a certain extent, afemme sole. She inherits quiet and harmony of that relation at all. I can refer you to an instance where the estate; she acquires property; it is hers, I can refer you to an nce wherw the and no act of her husband can, in any Methodist husband and the Quaker wife, and no act of her husband can, in any way whatsoever, interfere with it. On the other hand, though she owns the estate, upon terms of unquestioned and unqualithere is no privilege given to her, by fiedhappiness. voice or by vote, to do one thing, or to.I can refer you to another instance take one step upon the subject of the where a Republican husband and a legislative enactments that are to control staunch, unswerving and unyielding that property. The question before us democratic wife have nestled in domestic now is whether she shall be allowed to harmony for more than a quarter of a assume that prerogative. I, for the life of century. I amn thankful that I need not me, cannot understand why the woman- go outside of my own family relations for the landholder-the possessor of an es- an illustration to the point. Dissention tate, is not justly entitled to exercise the in the family! Is such a humbug as that right of suffrage, or act as a legislator on to stand as a stumbling block against the that subject, as well as the pardoned progress of the question of reform, which miscreant from the penitentiary's walls; demands, at every man's heart, an indeand I might go on to mention, for com- pendent exercise of his voice and of his parison, other characters and other per- vote. The fallacious proposition has been sons that do exercise this right when urged here, that a woman cannot work virtuous and intelligent women are ex- her way* to the polls. How are we to eluded from it. I have listened for some know that a woman cannot work her way sort of reason or pretext against this pro- up to the polls? I have just as good a posed amendment. What has been said- right to say that she can as any other man what can be said against the granting of to say she cannot. We might establish, this right that is respectfully asked for by for her special use, a separate voting place. her? I have heard none. I have not Perhaps this would probably be the proconversed with a member who admits per policy under this constitutional provithat he has heard a solitary argument sion, but I say this, that she can work her that should defeat woman in this claim. way to the polls. I say that a mighty Expediency! It is not a question of ex- change has come over the moral aspect of pediency. Those that come after us will our land. If you desire to send your wife meet the question of expediency. The from Philadelphia to Pittsburg, to Har-.questions here are, is it right? Is it just e risburg, to Lancaster or Wilkesbarre, do We do not come here to act for ourselves. you now send an attendant with her? We are, it is true, the representatives of No, sir; she takes her place in the railthe living, but we are making provisions way car and she is protected just as much for those that are to come after us. We as though she had a special guardian with are establishing a system that, perchance, her. Nay, more than that, from Philafor a hundred years shall have the sway delphia to the further shores of the conof the interests of this Commonwealth. tinent she can now be protected in her What has been urged against this propo- travels. I say she can work her way to sition of female suffrage? Family dis- the polls. Rum was lately slaughtered, sension!-that it will create division and thank God, by an act of Assenmly. I CONSTITUTIONAL CONVENTION. 569 went to the polls on the election of last virtue and esteemrn we rely for guidance fall to deposit my vote, and it was as quiet in all times of emer(encv. This whole and still there as at the portals of the subject comes down now to this solitary house of God, and but for the fact that a question: Is it woman's right to ask for few men sat within the window I should suffrage? If it is, let it be conferred upon not have known that an election was be- her. If she has no right to ask for it then ing helli; and it was simply because in- it is our duty to decide aeainist her. But, toxicating drinks are now withdrawn I ask, where are the petitions in favor of fron the precinctson election day. Who granting her this right? Where are the shall interfere with a woman in going to remonstrances which have come against her separate polling office, or even going denying her any longer this right? Hunby her husband's side, when the moral dreds of them have reached this Convensense of the community stands forth to tion from all parts of the State, and have protect her? In the hotel where I am been laid upon the table; and not one lodging, in one corner of the room is a lit- lies there which repels this application for tle box sorme eight feet square, within the privilege. AMr. Chairman, in the conthat space sits a felnale telegraph operator. elusion of these few rernarks let me call Never one word of obscenity or profanity your attention and that of the committee is heard in that rooul; and the cause is to the individuals whose names are upon that the presence of woman is knownr and these petitions. Who are they? They are felt by all those who are in the habit of not the Woodhulls and the Claflins; they congregating there. I claim that she has are the teachers of peace, moralit,' and always been protected froml the rudest the christian religion. They are the resiand roughest man. I remember an in- dents of Delaware and Chester counties, stance mentioned by Bret Harte when in and the city of Philadelphia. They are the that solitary place he describes in a west- descendants of that mnan whose likeness ern State, where a woman had not been adorns this hall-the great founder of the seen for some months, and one was Commonwealth of Pennsylvania. They brought there in a wagon; the men callie are none of your Woodhulls and Claflins. in a crowd and demanded to look uplon They are the teachers of everything that the ima-e of a mother, sister or a wife in is virtuous and wise and proper. Part of the representative then before themn. I the blood that flows in my veins traces was delighted at the reading of that letter, its origrin to the people of that great man, produced in this Convention, fromnt a judge and I should consider myself recreant to in a western Territory, for it narrated the the behests I owe to them if I was here State of affairs I have long expected and to say that the Quaker women of the State predicted. We learned fromt this letter of Pennsylvania, ro(nowned above all that in the courts in that Territory, where others for doimesti, quiet, virtue and for justice is administered when womnan is religious counsels, should be denied the present, a tfi; different scene is disclosed right they have respeotfully asked, when from that upon which our eyes are accus- none of her sex are here to oppose it by a tomels to dwell. It, however, has been single remonstrance. I only desire to argued here as one of the objections to place myself in the right position in rewoman suffrage that she may cause her- gard to this question. I want my vote self to be elected to office. Well, I hope to be recorded —not to be j udged of here, she will; and I will say this, that if she but to be judged of by coming generadoes not make a better legislator than a tions, who at least, (for it is only a matnumber of those now in power, the Lord ter of time,) will give to womtan the have mercy uDon her! I will trust her right that God intended she should have. anywhere. To wholm do men, even when Mr. STEWART. Mr. Chairlnan: I have their hairs are white, go sooner for coun- no desire to discuss this question further sel than to the mother that has borne than briefly to state the views I entertain them? The remarks of the gentleman and the reasons which induce the vote I from Philadelphia (Mr. Gowen) yester- shall cast. Upon the question now unday, who so eloquently referred to his der consideration, I have very decided mother, impressed me deeply. They are convictions-the result, I trust, not of the counsellors upon whose discretion, feeling or prejudice, but of careful 570 DEBATES OF THE. thought and examination. I might be from the exercise of this right by her, content to give expression to these con- that we are not only justified in withvictions by a negative vote upon this holding it from her, but are required to amendment, were it not that that vote do so by the highest considerations of might be construed to mean what I did public welfare. not intend and what I do not believe. Sir, we are governed by laws ordared Very much has been said during this dis- by higher than human authority, and to cussion by gentlemen who oppose this these laws we must conform, not only in amendment, in which I cannot concur. our individual lives, but in society and I am unwilling to base my opposition in the State. There is a system and a to this measure upon any other grounds harmony in nature which we cannot dethan those which I shall myself assign. stroy, and which we can disturb only at And here let me say that I fully concur our peril. IWNith the distinguished gentleman from In the wise economy of nature, I believe Erie, (Mr. Walker,) in regarding this that the political disqualification of woinAtter of suffrage, not as a natural, but man is as certainly ordained and as clearly as a conventional right; but there stands manifest to him who will observe it, as related to that very principle another the distinction of sex itself. In the very principle, which is not only funda- constitution and character of woman, nanental, but which, in my own judg- ture has imnplanted certain peculiarities. nent, governs this case and affords us These, while they fit her for the iarlily the necessary light by which we may and for society, as clearly unfit herforthe reach the proper con lusion. That prill- active duties of a wider citizenship. I ciple, briefly stated, is this: That no gov- believe that the position woman now ocernment can justly withhold fi'om any cupies is the one to which nature has asindividual or class the rihlit of suffrag4e, signed' her. I do not believe that it is except upon grounds of personal unlit- either artificial or conxentional. I am ness or public danger. not unmindriful of the fact that woman in I am ready to concede that un!ess there the ages past has made great progress. I can be found sorme disqualification inl know that under the benign influences woman, which either untits iher f)r the of our christian civilization her condiexercise of this right or the dischlarue of tion his been ameliorated atd ilmproved. its relative iduties, or lt.kes it (langerous lBut, sir, these influeices worked in harto society and to the Starte to, allow her to moly with the laws of nature and not exercise it, it is lnot only illorical aild against them, and they have accornabsurd in us to withhold it fromn her, but plished no more than to miake the world the exercise of an aribitrarv power w-hich concede to her the rights with which nais mlost inconsistent with our pretentions ture had before endowed her. I Imlst as a republican State. In opp sing this rinot be unde:stood as intimating that measure I (io not look for this disquali- there is nothing beyond the present posification where others have soutght for it. tion of womran to which she may attain; I concede that woman possesses the two nor yet, that her present position is all essentials for citizenship in a free go,vern- that it might, or should be. She might mnent. She has virtue and she has initel- alnd I think should have anlpler protecligronce. This we irust all concede. In tion and security. Shie might, and I point of intelligence she is at least our tthink should, have a wider freedom; she equal, while in point of virtue she at- might, and I am certain she should, have tracts us by her greater purity. But a fairer field for competition. All these granting all this, there are other consid- are consistent with the present relations orations which are, in lnyjudgdment, con- and duties of woman. These, I would trolling and conclusive. For I assert that cheerfully concede her. But here I notwithstanding she be possessssed of these would stop. If I am right, sir, in saytwo essentials, she is by nature unfitted ing that the position woman occupies tofor the exercise of the right of suffrage; day is riot artificial or conventional, but and not only so, but that evils of so great the Dosition to -Which nature has assigned magnitude and proportion tiight reason- her, then it follows, I think, that to do ably be apprehended as likely to result aught that would disturb or interfere CONSTITUTIONAL CONVENTION. 571 with the relations she sustains in and by There are two or three things that I virtue of that position would be most unI- want to know. I have for a great many wise and hazardous. These relations, as years favored female suffrage, but let me we were told, yesterday, by the distin- say, before I go any further, that I oppose guished gentleman from Philadelphia, the amendment to the atnendment of the (Mr. Gowen,) are of the closest endear- gentleman from Indiana (Mr. Harry ment anld highest sanctity. They form White.) I am in favor of the almendment the foundation of all civilized society of the gentleman from Delaware (NMr. and governtnent. Society results fromll Broomall.) I say this lest in my rethe famtrnily and government from society. miarks I might not be understood as to You cannot weaken the foundation with- the position I occupied, or which side I out endangering the whole edifice. And was speaking for; for during thesittings I know, sir, of no surer way of weaken- of this Convention and of the committee ing that foundation than bv conferring cf the whole, I have heard quite long upon woman the right of suffrage. If speeches, when, for the life of me, I could we are to preserve the family as it is, we not tell which side the gentlemran was must preserve woman as she is. To in- speaking on. [Laughter.] Therefore I troduce her into the world of politics is said that there were two or three things to expose her to influences which must I wanted to know, and if the cause I transforrm her from the being she is into plead for cannot be maintained, 1, for one more like ourselves. Politics may one, reluctantly as it!Iight be. will give not be essentially base and debasing. I it up, and go honme and tell nmy female do not say that it is. But this I do say, friends, " You are sold, your cause is that the passions it engenders, the aspi- lost."' rations it begets, the conflicts it occasions, mllust in the very nature of things weaken Now, what I walt to know is precisely this: NVhere do we get the right to the and in the end dissolve the famlily rela- this: where do we get the right to tion, if she, upon whom that relation ballot and where do We get the riht to exercise civil authority at all? Then, chiefly depends, is made subject to them. after knowing these two things, I wv-ant Lo So long, sir, as we maintain and cherish know where you get the dividing line in the fatlily relation in its simplicity and regard to who shall vote anld who shall purit;y, so long is society secure and govnot vote? erminent safe. But once wealen its supporting strength and the whole super- I a:n happS to be speakill here. I structure, I care not how well joined to- feel the responsibility o1 it. I know and gether, must tumble in ruins about us. you know that I felt emnbarlrassed whel For these reasons briefly stated, and for I rose, and I do yet; but I say I amn no other, I shallopposethe alendment of happy to be speaking here in the presthe honorable geultlemnan from Dela~w~are ence of distinguished gentleler, learned (Mr'. Broormxall.) in the law, of great experience, and to Mr\. HORTON. Mr. Chairman: If I whose opinions and judgmrnents I would shall do nothing else, I shall try to be bow with the utinost deference. I ant. brief. I amn no speech-maker. Other glad to speak in such a presence, and to business than speech-niaking have I fol- hold up b(efore you an old law-book, hislowed all mny life, and yet I do not feel torical and legal, one that I was taught as though it was iml place to sit still and from nr!y infanrcy to regard as the mIost let this whole thing pass without, as we urecious treasure that was ever given to used to often hear it said in Congress, the hul:man fanily. I was brought up many years ago, " rising to define Imy and educated in the democratic faith, aind position." I know that with mny feeble I was taught that the democratic faith voice I cannot be heard over this hall, was contained in this old law-book. Anrid but if I had the voice of a Stentor, and how does this old law-book open up? could reach over and through this sea of Legal Gentlemen will no doubt excuse mind and of intellect, here gathered to- iue for pausing a momneut to read fromn gether among us and all around us, I aim this precious book. I only desire to read sure I would let that voi e go out in sup- tile opening up, just the beginning, and port of the faith that is within me. of all the law-books that ever I saw or 572 DEBATES OF THE ever I read, I have never found one that tern. I was delighted to hear him say opens like this, viz: that he wanted to go back just where I "In the beginning God created the have been going by the aid of this old heavens and the earth; book, tothegardenofEden. Hewanted'And the earth was without form and the male and the female to be precisely void; and darkness was upon the face of as they were~there, and so do I. I cannot the deep; and the spirit of God moved enter into elaborate argument, but I do upon the face of the waters. say that there the first pair, the father and "And God said, let there be light, and the mother of us all, had the right of suflight was." frage, and they did vote-whether they Now light is what I want; that is just voted wisely or unwisely you may deterwhat we all want here. It gives me pain mine —but they voted; the female first, to differ from gentlemen intelligent and under a delusion of the evil one, the male learned in the law, of more experience next, under the influence of the most than nyself and superior to me. It gives beautiful of all God's earthly created me pain to differ from them, but then we beings-the fair, the pure, the accomall want light. I take it that that old plished Eve, the mother of us all-and old law-book contains the foundation of the consequence of that voting was their aIll rightful civil authority. I ask that expulsion from the carden of Eden; but question, does it or does it not? If it did that crirne and expulsion take the does not, where else do you get it; where right of suffrage from one and not from else does it come from? I learn from the other? I hold that it did not, and I that book that God has given us the demand the proof that it did. right of civil authority, and he has given The gentleman fron Centre, (Mr. MI'it to the whole family of man without Allister,) who reported this article, well any regard to sex whatever. "Judges said, that it involves the discussion of the and officers shalt thou imake then in all foundation principle of civil governthy gates in the land which the Lord thy ment. It does; the ballot always does, God giveth thee, and they shall rule'- in the hands of the people, the citizen not by bribery and corruption —' they rulers of our land; it goes backi to the shall rule the people with just judg- very foundation principles of our governninent." ment. Mr. Chairnman, if there were not so many Now, -Mr. Chairmnan and gentlemen gentlemen abler than myself who are of the cormrrittee; I am happy that we anxious to speak upon this question, I are here in this great city, where that would refer to and read authorities, sublime enunciation, the Declaration of which I have here before Iile, democratic Independence was made, and that we authorities. such as were taught me in are almost within a stones throw of that mIy political childhood; but I am fear- immortal hall, Independence Hall, where ful if I should undertake to do so, it that old bell chinmed out, " Proclaim libwould be tedious, atnd you would not erty throughout all the land and to all have patience to bhear me. I need not the inhabitants thereof," and do you suprefer to any other foundation than the pose in those chimes that the gentlemen one to which I have already alluded, and or the ladies of those days thought anyI take it that that is the authority of thing about restricting rights, about righteous civil government among man- striking down natural rights? If I have kind. listened aright, the chairman of the comI was pleased yesterday to hear the tnittee said that suffrage was both a natgentlemnan from Philadelphia (Mr. Gow- ural and a conventional right. I do not en.) Let me say to the members of the know that I care to take any exceptions committee that I admired his ornate, his to that. Call it one or both, or either, lucid, hiscompact speech. I looked upon and it amounts to the same thing. The it as a model, as all that I have ever heard one important thing I want to know is, from him are; and I would delight if I where the Convention which established could copy after him, and I would recom- this discriminating rule, held its sesmend to those who are, like myself, not sions, and by what authority it said that accomplished speakers, to follow his pat- a natural, a God given right of one half CONSTITUTIONAL CONVENTION. 573 of the human famil v should be taken away genuine h eroism woman has never been and when they point me to that Con- excelled by man, and in quickness of vention, with the day anti date, and its perception, nower of endurance, firmness authority, if it be good authority, I will of affection, kindness of heart, she is his say no more inl favor of the ballot for fe- superior;" and the assurnption that for imales. But until that is produced, I her to use the ballot would jeopardize must hold to the democratic faith-THE her sicred office of wife and mother is BALLOT FOR ALL. wholly unsupported in nature and in I have taken almost as Ituch titme as I fact. It is UNJrs r and FALSE. and should intended to when I took the floor, and I be abandoned at once and forever. wish just now to give a very short part ir.Chairman, one woril moren( I will of my creed upon this subject, and then yield to other gentlemen, and that is in I will give way to others who will inter- relation to natural riglht. One other idea est you more than I can. was brought forward yesterday, viz: In the first place, I will state what I do That tllouih the ballot was not a natnot believe, and what I do not be ieve ural right yet it was a social right, and because I have never seen any proof of upon that ground the feimale had a right the truth of such staternents. I do not to it. I think here, just as in tile other believe that it is unholy and unwomanly case (that of natural and conventioral for women to vote. rights) that there is a distinction without I do not believe, as it has been said, a difference, because where do you get that it would unsex her. I do not be- the authority for your social rights? lieve that by Divizne arrangement she is Precisely where you get your authority constituted for home duties and for no tfr civil government-from the Most other duties. I do not believe that to at- High; and if you have social rights they tempt to elevate or to protect her by are based upon natural rights, and noputting the ballot in her hands would thing else, or they will go to the ground. only tend to her degradation and to con- Being in ill health I am warned that I fusion and family disorder. Many ofour must stop, with only having said the fellow-mlen believe it, but I do not. hundredth part of what I would like to She is so frivolous and flippant, it is say. Thanking you, Mr. Chairman, and said, that she would disgrace the ballot. all this collmittee, for the kind attention Her going to the hustings would outrage you have given nme, I resume my seat.i gentlemen's enlightened estimate of what Mr. HENRY W. PALMER. Mr. Chairwonman sihould be. (Nature has so) or- mnan: I claim the right to say a word or daiiied woman that at certain periods two upon this question, because I aln an she is absolutely unfit to do any-thing.) original woman suffrage man. It was It is contrary to the - laws of nlature for neither the eloquent argumrlent of the genwomnen to vote. tlenman from Delaware (Mr. Broomnall) It would interfere with her duty as nor the remarks of mny distinguished colwife and mtothter. league (NMr. Wright) that converted me. To let wormren vote would be to intro- I was a convert long before I came here; duce an inifirm element into political af- and therefore think it proper to say a few fairs. words upon this subject. if liberty were given to females to vote It seems to me that the opponents of this the impure and the profligate wouli be the first to vote; the decent, the refined, measure o he mos eloquented, as they have been, by some of the most eloquent and able the virtuous ould not use (degrae gentlemen upon this floor, have yielded themselves by using) the ballot, for it the whole argument, and conceded the'ould dethe whole argument, and conceded the wvould1 degrade themw. weakness of their case. The gentleman Now, of atll that I do not believe one from Erie, (Mr. Walker,) to whom we one word; and until facts can be pro- listened with great pleasure and attenduced substantiating th(,se assumptions tion, admitted that women are possessed I mnust continue to disbelieve them. of sufficient intelligence, virtue, morality Now, Mr. Chairman, upon the other and love of country to entitle them to the side I believe with a distinguished roiod- ballot; and the gentleman from Philadelern writer, that in " whole-souledness and phia (Mr. Gowen) admitted that the re 57 4 DEBATES OF THE sult would be to elevate men and purify litical meetings, and make up their minds politics. It wvas claimeil, by both, that the upon mlostsubjects,and expresstherm with qu, stion -was on(e of expediency alone; vigor and clearness. It is new doctrine,:uid therefore tile matter resolves itself at this day and age of the world, thtt the into this: Is it expedient to do good? Is formation and expression of opinions can it wise to p.arify corruption? "No!'" say degrade. But it is said " that what folthe gentliemen both. Why? In their own lows!" the results attendant upon the conlangufage, because they fear "the result cession of this right will lead to the dreadwill be to degrade -woman, and to lessen ed degradation. How? In conferring our respect and veneration for the feinale upon woman the right to hold office? chartacter." We shall not purify corrup- Why, sir, these latter days have taught tion! We shlall not do good that evil may us to-admire many things that were recease to exist, "for fear," say the gentle- pugnant to our prejudices in days gone mnen from Erie ( Mr. Walker) and Phila- by; and there are tnany offices in the gift delphia, (NMr. Gowen,) "that we should of the people or the governmnent that can cease to regard and venerate the femnale be and are filled as well by wolren as by character," anri for fear %wolman nmayr be nlen. We have all become familiar with degraded by this added privilege. Will postrnistresses, with fenlale telegraph opeshe be degraded? Neither they inor any rators, wvith femnale clerks and accountother speaker who has had the -floor on ants. We know there are many places this subject has pointed out the method that wonten fill niore honestly and more of this dreaded degradation. The gentle- efficiently than mlen; and the experience 1itan from Franklin (1Mr. Stewart) insists o(f past years has taught us that thcy mary thiat some mysterious difference exists fill themr with credit and honor to thembetween man ancd l oman, and that, by s.ilves,andr with profittothe people. Well, sorie unaccountatble transimogrificationl, may lhey sit on j lries? The o'bligation this degradation is to be wr(tlght, tbut lno to perforntl this duty is another of the supgentlemtan has pointed out the meanls piosed evils attendatit upon the conceswhereby it is to be effected. Of that we sion of suffrage. It has been asked: ore left in entire drlrkness. i" Would you send your wife out into a Now, Mr. Chairltan, wlhat is it to vote? jury rootl and have her locked tup all What is it to cast a ballot, except to ex- night with eleven Iren?" I shouid not tbress an opi~nion? May not the most re- be 3fraid. I think the wolmen are amnply able to take care of themselves. For my fined lady in the land sav, in her own parpart I have no contidence in the virtLie lor, that she prefers Mr. A. to Mr. I. for t I Governor of the Comrnonwealtth? Afay that neetis the protection of a bowie knife and revolver; the day for that kind has she not set up a poll in that parlor ad an the day for that kid ask the ladies of her acquaintance or of gore by. I see in the base susicins that lurk around the obojectioiis of the her neighborhood or street to come in ad that ld the tos t cast a ballot expressive of their choice in gentletnan very tnuch more to degrwde woman than tile eonferring uporn her of that regard? Is there anythiing in the thie right of suffrage.. act of -voting itself that can degrade a te right o sff woman? The alleged necessity of her I say these objections are not in accordbeing obliged to,press to the polls for an alnce with the spirit of the titles. They opportunity to vote is of no weight. Give are tiot in accordance with the intellito wolnan the right, and the details can gerice and the civilization of the age. The be retglatedi so that she mnay exercise it Turk shuts his womnan up and secludes in a manner entirely agreeable to herself. her from the public gaze for fear that she I believe then that in the simple expres- lnay be contatllinated thereby. The sion of anr opinion, -which is all that it is savage lays upon her a heav, burden, to cast a ballot, there can be nothing to and makes her his nienialslave. Chrisdegrade. If there is ino degradation in tian civilization eiancipates her fronm the expression,. can there be in the forlm- the degrading suspicion and takes fronm ing of an opinion that she Inay be able to her the burden of rnenial servitude; and express it? Certainly not. I believe our there is no better index of our superiority womlen forml their owln opinions now. and advancement than can be found itn They read the newspapers and attend po- the ameliorated condition of our wolmeX. CONSTITUTIONAL CONVENTION. 575 Compare our conntrv to-day, where the this reform I see the glilmmer of the freedom of the wotnen excite the sur- dawn-ing of a britghter iay, when worth prise anti corninent of foreigners, with and not wealth —when ability and not inany other land in christerldonm, and the fluence —shall secure the prinary nomniresult need not be feared. Neither nations and fill the places in the public France, nor Italy, nor Spain, nor even gift, I hope this cause will succeed. The England herself, call boa-t a higher puri- delicate sensibility and itnaginative fancy ty, or a more exaltei and ennobling of the gentleman from Philadelphia; (Mr. modesty. The idea that the conferrilg Gowen) does him infinite crediit; but at of this right will degrade woman, cannot, the riskl of shocking the one and distulrbin my jauhdgment, be more properly and ing the pleasing wanderingsof the orher, truly characterized than by saying that I would save the irnperilled ship of State, it is only a sickly sentimentality. It is freighted as she is with the hopes, the not the strewing of flowers or the recita- fears and the aspirations of every t)oncition of touching lines that will ever write man longing to be free. a wrong or root out ain evil. The poetic imagination Brieflv stated, then, the proposition is iltla-ination of the one gentletmant and irlInIlc~il~tltion -f theon gnter~a~this: The women of the land have hailf the old-time courtesy of the other are the intpllizence and inore than half the aiike honorable, but neither will ever virtue of' the people;;nd as hlonesty~ anr-d raise the compensation of a half-paid virtue are the corner stones upon whic! domestic, nor help to save fronm the the peop)le's freedotin rests, wvomnan's vote (rarp of a drunken husband the scanty a'7sp scanty.~ a d woman's influence canenot be spared earnings of a wretched wife, nor closeent of the firolll thle grorernmlellt of the colntry. I one of those breathing holes of hell that M 1know that the fernale conscience has not flaunt their infamous traffic on every been aroused uporl this sut,ject. I know thoroughfare. nthoroughfare. that it is the fashllioln, in polite circles, to No Inan can deny that in the purity of manifest a wel simulated horror at even the ballot rests the perpetuity of our free- the mention of felr.ale suffrage. I know dorn. The question of the perlanency that the great middle class of womnen-the and tile success of free institutions is still mother's of the nmen of thle communitya matter of iorbt, arid able men in this woren who have some other purpose in and other countries are loo100ing with in- life than to dress, and soime other arulbitense anxiety to the result of this experi- tion than to seek admiration-are not rnent. And well they may doubt. In prepared to accept this great privilege, these latter years of awful infamies, when and their very hesitation, and the argirthe blasted reputations of the nation's ments that I find in their inouths, are to leaders are falling "thick as aututnnaln mie contirmation of the wisdom of this leaves that strow the brooks in Vallam- ureasure. They say: 6' We have burdens brosa"; when mort look for each day's enouglh. \Vhy put more on us.' They revelations with fear and trenmbling, and say, we do not understand these things; iuquire of each other whose turn will it anrd, besides, politics are infinitely disnext be to fall; when the pulpit, and the gustirlg to us. Well, but have they burpress, alnd the public speakers, without dens enough? For inan's helpmeet woregard to party or politic(s, portray a state man was given —not to bear the half or to of corruption such as finds no parallel in share tihe half, but to sh:are the whole of recorded history-I say it is tite, high his burdens. Do they not understand time, for us to pause and to doubt. And, these things? Should not the wotnenbecause gentlemen admit that tihe inevit- the mothers of the sons and daughters able result of givinug the b.illot to wo)man of the country-unrderstand the m? At will be to purify rand elevate our politics; the mnotlher's krnee rman's character is because I believe that where corruption formed, and where can the principles of and fraud norw run riot in the street, hon- pure and honest governinent be so scesty and justice will succeed; because cessfully instilled as there? Are politics the gambler, and the pimp, and the rogue, disgursting and infamous? Let her shed shall no inore sit at the receipt of custourns, upon them the glory of her presence, and nor, clothed in purple andtlfine linen, fill give to thein the cleansing of ther coutinthe civil offices of the State; because in ual help, and the waste places shall tbos 576 DEBATES OF THIE soin as the rose. Bring home to her the cate, civilize and christianize America knowledge that with the ballot in her than all the rest put together, was in his hand she has the power to close every day a radical, fanatic and reformer. grog shop in the land, and drive away Morse, who chained the lightning and from her hearth-stone the brooding horror sent it up and down throughout the of a drunken son or besotted husband-a e arth, bearing messages of business and horror that broods in palace and hovel love and pleisure, was a radical, a realike-and her voice will not cease to cry former and a fanatic. aloud until the ballot is there. Let her Cyrus WV. Field, who, in the face of the know that the right to vote will secure to most gigantic obstacles and apparently her the guardianship of her own children, insurmountable difficulties, spanned an the disposition of her own property, the ocean and linked two continents together use of her own wages-her emancipation by a bond, bringing concord and good from a bondage handed down fromn a gen- will that time can never destroy, was eration when woman was a plaything and denounced at home and abroad as a a slave, and she who now holds her peace radical, world's reformer and fanatic. will clamor for the right. Inform her Gallileo, Harvey, Newton, Fulton, Stethat a svote rnmeans equal wares for equal phenson, and all the bright galaxy of the work; the opening up of new avenues of advance guard of getius, vere ill their employment suitable for her sex; the se- day and oegeration denounced as radicuring of equal rights in the estate of a cals, reoi'ners and fanatics. relcodne deceased husband; the privilege of living the namre. The car of huuman progress in her home after her husband's death was never aanced so Iuch as one poor beyond the pitiable quarantine now al- inch by any other than a raiical, a relowed by law; a lifting of the unequal former, a fanatic. As for me, I prefer to burdens that man's laws and man's ty- be an blulbile camp-follower in the great ranny have, down through the centuries, ra have, down through te cer army of such men, than a chief captain heaped upon her, and her voice will not aonrg the high conservatives of this cease to call until the vote is hers. most conservative city, even at the risk But, says the honorable gentleman, the of parting company with the distinadvocates of this measure are wild re- guished gentleman who applies such formers, socialists, agrarians,comniunists, epithets to us. fanatics, seeking to pay their debts with Mir. BARTHOLOMEW. Mr Chairmran: I other people's money. am opposed to the alnendment of the genThe calling of hard names is not pre- tlemran from Indiana (Mr. Harry White.) cisely argumrent, at least it is not very I do not like the ternm "freeman," and I convincing argument, and when that would rather have the word used as is gentleman, upon whose lips the honey of reported by the cormlnmittee. This word persuasion hangs, and at whose comlammand' freemlan" calls back to us memories that is every weapon of forensic conflict- I would rather have buried. When the when he calls hard names it is because word was used it was for the purpose of his cause is lost, and his arguil,ents all designating a class who were free as spent. Radical reformers, fanatics! These against those iwho were held in servitude. be faliliar words. We heard them in The construction has been placed upon 1860, when the southern slave driver this section by force of arims, and I, for cracked his whip over the backs of north- one, would rather let the past be buried ern dough-faces in the halls of our na- and forgotten, and coulmenlce a: new era tional Congress. We heard them in 1861, with a new (lesignation, and therefore I when war flung its red banner to the wish to stand upon this uroposition on the breeze. Cranmer, Latimer and Ridley side of the report of the commtnittee as it has heard them often. To Martin Luther been made. The next anendment, offerthey were familiar words. John Wesley, ed by the gentleman from Delaware, (M r. who, disgusted with the cold formalities Broomrall,) I feel constrained to oppose. of a heartless State religion, and, touched I umust confess, however, that until within with pentacostal fire, broke away from a very few days, I was in mriuch ignorance dead forms to preach the living word and and considerable doubt and perhaps prefound a sect that has done more to edu- judice upon this subject. My mind has, CONSTITUTIONAL CONVENTION. 577 however, become enlightened. I thought ment, and it is that governments were that this question of woman's rights and organized for the protection of the weak, woman suffrage was a question that was and that the wants and the fears of indionly agitated by women who should have viduals aggregated clen together. 1Now been men and by men who should have the reason for all this was an antagonismr been women. I have come to the conclu- in the physical forces. It was this which sion that there is much in what has been drove men together to increase their po wsaid, and that this great agitation has not er and their strength. Wonzan took no been produced by a mere nothing, but part in the formation of government by that underneath it there is at least some- reason of her physical weakness. From thing that commends itself to the reason the very beginning, and whilst I do not of the wise and to the intelligence of contend and would not conterd that l.t. both sexes. It is not my province to de- which has never been is therefore never nounce those who have taken a position, right nor never can be, I do assert that either male or female, upon this question, from the time that Adaa fitrst e tered because I concede to them an earnestness Paradise woman has n.ever participated of purpose. I concede to them much that as an active principle in the government commends itself to my judgmzent, but of the world. Individual exceptions we yet withal, I adhere, perhaps it may be have had it is true. We have hadt tthat to an old prejudice, to that which my which was the result of organisr or govreason dictates to me as the right, and ernment, but that which conceded to wotherefore I shall say a few words upon mLan a share in the governitAent is yet a this question. Now I oppose this amend- thing unknown.. We have the theocracy nmen.t, first upon the ground that it is of the Bible, and all the multiplied antd against the law of nature, and therefore it multifarious forms of gcvera.cnencn that is against the law of God. I believe as have existed, and yet they, have shown, the gentleman from Franklin (Mr. Stew- no record. to disprove this fact. I say de, art) so clearly stated the proposition, that cidedly and fairly, that there is no prtof. the relation of the two sexes is as dis- in this that it is not a right, bu.t it does. tinctly and clearly defined by the law of strike me that the principle wicth is coa — nature as any departure could possibly tended fobr, if a natural right, must have b:)e ma(e. I take it that by reason of the struck the mind of man. from Th~ beg bl mlaternal duty imposed by the law of na- ning, and so long a tio.le wouldc not b.~tve ture upon womankind, it is the highest elapsed w ithout an assertion of its exisand noblest assigned to a human being, tence. The next propo sition I cone to i.s and that by that duty God has placed an this: That this natural. right of suffrage,obstacle in the way of their becoming a is one that I cantnot agree to admit. W-e part and parcel of a government, or an all understand that when we leave the active principle therein. I believe also state of nature and behcone a part of go-ta that a public duty which is imperative in ernment we give up our natural righvts, its nature, and which requires a contin- WVe becom.e artificial 6reatares, cand we ned occupation. and pursuit that prevents are boandi by th.e con.venctionaitiies and their parlticipating in this great scheme of by those human laws whah tlae ydy as,overnment. I take it that history has a whole, shall make for us. Now, gent.eshown us that in all time, everl in a state men of this Convention have been. dSisof nature, where men are as they were cussing the problemnof uno vera stiff rage. when God created therm, tiat wotman has I can only say here t.hat if they ru^-e in occupied a position inferir to mlal. I do favor of universal su.ffage that they have not say that this has been occasioned by stultified themselves. They m.a y be in r'eason of intellectual inferiority, but I do favor of universal $suffr. ag, so far as it.cilaim that by reasorn of might and of is consistent with the safety of the St;ate, strength of man, w'oman has been placed but no farther. They h.ave placed a rein that position. When nature gives a striction upon suffrage hereetolfre, and free charter to physical forces, the strong they will vote again in this body to rerlust prevail and the weak succumb, strict suffrage. They have gone so far, This has ever been woman's position. It and properly, as to say that those who. is true that we have our theory of govern- have been convicted of. infamous crimes,; ,578 DEBATES OF THE and those who have violated their posi- a happy State. If it were so, the ant-hiii tion by reason of becoming part and par- or the bee-hive would be the finest exanmi cel in a criminal attempt to carry the elec- ples of good and happy governments; yet tions are unworthy of the right of fran- who will compare the condition of man to chise. They have also restricted the right that of the aninal? You want more than of suffrage to those who are over twenty- that. You want social happiness. You one years of age, and for what reason? want that which is confined to the indiIf it be a natural right, and one that is vidual man and his inner or domestic life. natural to all citizens, male and female, That is the great proposition, because, by why make such a restriction? Why make these two being joined together, you then a limitation? The limitation is a mani- make that complete which was before inl fest one, and it is made because it is be- complete, and render that perfect which lieved that universal suffrage is inconsist- was before imperfect. You must have.ent with the safety and well-being of the the individual one a perfect one. You:State itself. We believe that those who must have the citizen and individual con-;are under the age of twenty-one years uition perfect. These, gentlemen, make:are incapable of exercising that judg- up a complete perfection, and then yoc;ment, that discretion and that reason, have a good and advanced government.,which should be within the province of Therefore, I take it that it is the duty of every elector before he casts his ballot. the State, it is the duty of the governmenrt, Therefore the right of suffrage is re- it is the duty of a body frarlingan organic stricted. Now the idea suggested by this law to look to that individual happiness. very proposition, and it is one that has Then the question arises,isthatixldividual,been alluded to by the chairman of the happiness better obtained by dividing a Committee on Suffrage, (Mr. M'Allister,) house against itself, and thereby render-is: That the right of suffrage is not a ing its fail certain, or is it better kept by general one to be exercised by both male keeping the house under one head and and female, but solely by the head of the unoer the exercise of one sovereignty? family. Now let us see whether you do That is the proposition, because it is the not carry that principle out in this very happiness of tue indiviuual thaL contribreport, and in your last Constitution, and utes to the happiness of the Commlonin every Constitution. Why limit the wealth. time of voting to twenty-one years of Now upon this qnestion we have had age? What magic is there in that nunt- much discussion, as to whether the aiber? Simply because the law, and the lowance of suffrage to women would ilcustom which has made the law, gives to crease the individual happiness of the every male his majority at the timle that citizen, and that, I take it, is the proposihe arrives at the age of twenty-one. tion, which is one for our consideration, Then he becomes a man. Then he is con- and perhaps the only one our consiisidered able to become the head of a eration. I take it that this question of family himself. That is the proposition. sultrage is sometling which must be conYou control it and confine it to the head sistentiththewelfarendthewel-eig of the family until the son arrives at the oi he Comnlllwult ealth. Now we have it age of twenty-one, and then you start a lil, ott the one hand, that it protects new branch of the old stock and give it ii is, and that woman would vote when to him. That very idea is carried out ill n er that protection against wrong that that very restriction and limitation upt IIhs been heaped upon her. It is true * universal suffrage. hLat "men were mace to work and women i Let us come to this conventional condi- toweep, " but it is equally true that womlen tion. The State is not perfect; although were lkade to weep and to work also-perits industries are perfect and prosperous, haps too much of that, perhaps too lnuch although its finances are prosperous and of that. I will say that they have suffered flourishing, although its manufactories, wrongs-great wrongs, and I also claim its agricultural interests, its mineral in- that they may have inflicted wrongs. I terests, are thriving, and all of its grand claim that in this world of ours we are not industries in a thriving condition, that is angels; we are not good, and wrong has not an evidence that it is an advanced or been done upon the one hand and upon CONSTITUCTIONAL CONYV1ENTIONL. 65" the other. That women have suffered by is better than man, for that reason, and reason of unwise and unjust discrimina- with the help of Heaven, I never shail tions against thnem I firmly believe. I be- drag her down to that from which every lieve that, so far as property is concerned, good man in the land turns with loathinathey should be protected to the largest [Applause in the galleries.] and widest extent, and that their rights Mr. DARLINGTON. Mr. Chairman: I Ihounld be aset rtained and fixed with an move that the committee rise, in order inflexibility which shall be as unswerv- that the galleries be cleared. rng as the needle to the pole; but, whilst The CH-AIRMAN. Does the gertl1emanll I believe in that protection, I do not be- from Schuylkill yield the floor for that oieve that it becomes necessary that they notion? shall have that in their possession which M-'r. B&RTaI-IOIO~i-EW. }~[r. Chairman would work a destruction to the Common- I yield the floor for tt purpose. I yield the fdoor for that purpose. wealth and precipitate their owrn ruin. wealh and peipie their own ruin. The committee refused to agree to the Look at it! Look at it! Which is the motion. ileasantest picture? What is it that men Mr. BARTHOLOrEW. Mr. Chairma.n e desire? I care not how busy in this life I shall not detain the committee Imuch a man may be, I care not how evil and longer. I have expressed my views as wicked a man may be, there is that with- clearly as I was able under the circurnin him which at times turns him towards stances. I concede a fairness of motive to his home. It is his load-stone, and that those who differ with me that I ask for a good man desires to be as perfect, as myself. My convictions maay be imperpure and as free from that corruption fect ones. They may rest upon a fouudawhich surrounds him, on all sides and at tion that is baseless and shattered, but all times as is possible to be. This is his they are convictions that I hold firmlly, heaven upon earth; ne arer like that which and they are convictions that I have arwe hope for hereafter than anything we rived at after some thought. I do believe can imagine. That is one view, and it is it is for the interests of the great Cornto me a picture of more delight, of much mlnonwrealth whose interests we are bounxl meore pleasureable character, to think of to represent; but above that, above these a woman, pure and surrounded by the interests of mere government-because moral virtues, sitLing there teaching her an experiment of this kind, if it should child;he way to heaven, than to be at the fail, might be remedied, migiht be rectihead of a gang of ward politicians. Now fled-is the interest of humanity for which these pictures present themselves to me I speak. It is in the interest of those of in the strongest light. the female sex whom I love and admire, -" But," they say, "if we have woman and their virtues are to me a guide and a suffrage we shall avoid all this." Avoid guiding star, I want themrn as pure and it! Yes, when the days of the Republic as spotless in the future as they have been cease, and when politics shall be at an to me in the past. I want at least one end. But so long as there is a motive, a cloud to guide us through this sea of inihuman motive, to seek position and power quity and sin and bring us to that bourne, and place, so long shall the means be "the bourne of that undiscovered country adopted which shall ensure the end, and from whence no traveler returns." these means will be used, whether they Mr. DARLINGTON. Mr. Chairman: I operate on male or female. If it require do not propose to occupy the attention of the votes of females, fenmale votes will be the committee but for a few mrnoments. I obtained by the same means and by the can scarcely flatter myself that anything same measures that are now used. to make that I can say will add to the arguments that which is the corruptest thing in this which have been already offered by the country man touches, which makes a man gentleman frorn Delaware, (Mr. Broomof sensibility and of morals turn away all,) the gentleman from Luzerne, (Mr. sickened at the sight; and I say that, for Wright,) and the other gentlemen who one, so far as I am concerned, with my have preceded me, and it is rather for convictions of woman's purity, with the the purpose of being myself understood very difference, with the very contrast that I rise to call the attention of the coilthat ilakes her dearer to me, because she mittee, for a motnent,to my position on this >5:3~;0 DEBATES OF THE question. I am in favor, decidedly in fa- mother country as being possessed of one vor of allowing femalesuffrage. And allow of the best governments upon the face of me further to say, that I do not allow my- the earth, and we must recognize the peon self to inquire whether the constituency pie of that country as being among the; I repres nt are with me or against me most intelligent and enlightened and adupon this question. The one inquiry 1 vanced in all the arts and in all the seihave to make is, is it right? I agree with ences. We must not forget that, within gentlemen who have already addressed the past year, in that country, her Parliathis committee, that this is not a ques- ment, composed not of politicians, but tion as to whether women are by nature statesmen, has had the subject of woman entitled, for I agree that there are no suffrage under consideration, and of that natural rights to any political considera- body, one hundred and fifty-one, by a tion, but the question is rather whether solemn vote, declared that women were it is expedient, proper and just, that they entitled to the right of suffrage.'This was should share with us in the govern; -ent not a sufficient number to adopt the rneaof the country. sure, but it should be encouraging to us., The effect of this measure upon us who and in that country, where less advancehave the governing power, is what more ment has been made than in our own, one concerns me perhaps than anything else; hundred and fifty-one members of the and when we reflect that from early days, British Parliament recognized the right when woman was a drudge. not to say that of woman to equality before the law, and she was a slave, in civilized society and in voted to grant them this privilege of the civilized communities, she has from time elective franchise. Shall we be less earnto time been elevated from the position in est than they? Shall what has been which she was; when her rights have thought there to be a proper step to elebeen secured to her step by step; when vate,' to encourage, to adorn and to enwe have brought her up from being a lighten mankind, not be considered a beast of burden to being our companion proper step to be taken in this country? and our equal; are we to draw from this I want to know where is the evidence, the conclusion that she is unfit to advance which should appal us in taking this further, and that we endanger the emi- step? We know, full well, that women nence to which she has already arrived, are, to a great extent, the teachers of our by denying her other privileges to which children. Does that degrade theml, or we are entitled,? On the contrary, Mr. does it elevate them? Who would not Chairman, I look upon every step that glory to find amongst the teachers of the has been so far gained in woman's ad- land the wonman of his heart and take her vancement, as a step in the advancement to his bosom? Would he feel that she of ourselves. No longer in civilized cou- has been degraded by her employment, munities is woman to be considered as, or that he be degraded himself by selectin the language of Blackstone, having ing his companio-n trom those in her sta"her very bein'g and existence merged tion of life?' Who ever heard, before, into that of her husband." No longer do that the elevation of a woman, intelwe recognize this common law doctrine. lectually, was a degradation to her? We have advanced beyond this, and we You find women in the telegraph offices have secured to her the possession and throughout all the land, north and south, the enjoyment of her own estate. Has east and west. What is the effect? Do that ceased to make us more respectable we bring her in contact with men where and respected? What has been theeffect she hears and is obliged to he.r that upon the woman, to secure to her her which she should not? On the contrary, rights of property? It reflects and re- I had it from an experienced superinacts upon ourselves and elevates us in the tendent of telegraphy, that the very cirsocial scale, just as every good of the kind cumstance that a lady was in the office, will elevate every nation of civilized peo- and liable to hear everything that passed ple in the social scale of human exist- over the wires, had elevated and exalted, ence. and made men behave themselves, as We profess to be a little in advance of they should, everywhere. Such a thing England, but we must recognize our as an indelicate expression over the wires CONSTITUTIONAL CONVENTION. 581 where females were within hearing, was out of the fields where they rake, hoe impossible This is said to their credit. and hold the plow, if taking them into This is the influence which they exert our houses and making ladies of them when thus employed. We find them in and allowing them to attend to the ordistores, in shops, in retail houses every- nary duties of the household, if taking where, in contact with men in the every- them into our schools to instruct our day business life. Who ever heard of children, if placing them in our telegraph this being degrading to the men or to the offices, and in our stores and places of women? On the contrary, the intelli- business to earn their living; if all this gence, the business habits, the activity of has no degrading tendency, if, on the our women in seeking employment and contrary, its tendency is to elevate and in obtaining it places therm upon an improve and give influence and remunerequality with us, and shows their ability ative employment to them-if all this is to do all that we claim for ourselves the not to the avdantage of man, I want to right to do, and the privilege of doing. know why? Under what circumstances, and where Mr. Chairman, I would go further has it ever occurred, in this country or than we have yet gone; I would place in any country, that the advancement, women in many places in which they are the improvement, the education, the ele- not, as yet, employed. I would allow vation of the female race ever did any- them to be stenographers, and take the thing else than advance and improve and places of these excellent voung men who elevate the male at the same titme? I do sit so beautifully in a row in front of your not agree, therefore, with those gentle- chair. I would allow them to be reportmen of this Convention who fear that ers for the press, and take the place of giving to women the ballot, will bring these gentlemen who sit upon my left. them in contact with those with whom I would be glad to see them following they would not choose to associate. The all such occupations, for which women fierce strife of a wild contest for supreln- are realy andl quick and active. We acy at the polls, as may friend from Phila- have not vet gone half as far as we ought dolphia (Mr. Gowen) so eloquently and to go in giving them remunerative ermpolitely described it, unfit for women! ployment. In placing them in the pubWhy? Do not women go to your politi- lic schools and at the heads of our educaeal rneetings and listen to the speeches tiornal institutions, I would pay them, of the gentlemen, and ladies too, without for brain work and hand work as we pay being soiled? Who ever heard of any men. Are they incompetent for those impropriety on such occasions? Who duties? I aim proud to*say, that in the ever heard of a political speaker, mlaking town in which I live the whole of our an address in a public meeting in favor public schools are under the general of the principles he thought imlportant to superintendence of a lady, at a salary have prevail in the community, with a fe- equal to that of her predecessor, and she male audience about him as well as male- performs the work equally well. She is who ever heard of a gentleman so far capable, she is honest, she is elevated by forgetting himself as to allow even an in- it, and the whole system of education in delicate expression to escape him?r In that community is improved under her this respect, how marked is their influ- guidance. ence upon the men, when contrasted with You mlaytv say woman's sphere is not at some political meetings which are at- the bar-why not? I would gladly weltended only by men, and in which gei- come her to the bar. I would gladly weltiemen may indulge themselves in other tiemenmaidulehesevesinote come her to the jury box. I would not be kinds of remarks. afraid, as was one of my excellent friends Now, sir, can you find me any case, who sits near me, that if one lady were under any state of circumstances in, upon a jury with eleven men, and she which it has ever occurred that the ira- were active and intelligent, and sprightly, provement and elevation of womlen has she would carry them with her. I would had any such tendency as is feared by have no fear of her carrying the whole the gentleimen who are here advocating eleven with her, unless it was right to do the opposite doctrine? If taking them so. If there be eleven men in the jury b58z.1 ~DEBATES OF THE box against one lady, and she has the voting right. I would give them trhec skill and the judrment, anrd the argumlent ballot because it would elevate them and" to convince the eleven that she is right, ourselves, and I have no fears of its doin,why should she not' Her verdict must any misehief whatever. Who ever heard! be right, when she convinces all her as- of the emancipation of man or woman aociates. being an injury to the party emancipated( As physicians, we kn ow they are em- or the party emancipating? Thena let us: pioved. There are nmany felamle physi- not withhold this boon any longer. Let ians otf higfh character and excellt t at- us do what ve ought to do, and' do what tainments, earning their living, d,,ing is right, because it is both expedient and good to their fellow-citizens, rolieving the proper. It will mutually improve us. stffaering of others. Why are they lno! as 2 TIf they choose to go to the election let wellqualified asmen? Certainly amongst them go. If yolur wife, Mr. Chairman, their sex, nonte will deny the propriety and mine, choose to take our arms' and go, of their performing that duty. VWhy to the election and vote we will take care, should they not be lawyvers? I have no that they are not insulted by anybody, objection whatever. I do not think my man or woman; and so, I do not doubt, friend (Mr. Boyd) would have any o-jec- it will be in the case, of other ladies and tion to one of them getting up and mak- othergentlernen. As to our election laws ing a speech against him; and if she was there will be no difficulty on that account. so convincing as to carry the jury with If they are not sufficient let kus have, her, he would submit to it, just as I sub. others-better ones. Mhen we look at niit when his argument prevails over the fact that women are, of all others, the. mnine. most interested in the instruction of the Tbhen where is it that in theS elm plby- young, when it falls to their lot to give that instruction to their children which mernts of life woman is not as well able to the men cannot well do, absorbed as they discharge the duties as man? If, thereare in those avoations that supp~.y sustefore, in every step we have thus far taken, nance for the family, thze women should we have advanced her and improved here men have a voice in the governmenu t of the condition, and elevated her in the scale of' social existence with ourselves, and acdren. Why shotlld they not be allowed cording. as we have raised ou selves, how ren. Why should they not be allowe to vote for school directors and for the are we, or how is she to be degraded by allowing her to take one other step, that of people's taxes? Nay, more~ Why are. voting' with us at elections? I infer that the 7very fact of our, givin- her the ballot they not just as fit- to act as controllers and. directors of the public education as are, places her upon a footing of equality with directs of the public ucation a are ourselve tha ewul v-. men? When they hold stock in corporaourselves that she woal~d not have Withouvt iet. Wtho does not know that ine the tions, or any property of that kind, they out it. Who does not know that in the- a are allowed to vote. Are they not capable transi'tion state, tth-ough which oua nahtion' state, wicurn of exercising that right of suffrage? Nohas passed in the South, from slavery to t eedom that great t hih gave the body pretenlds to say they are not. If frallotmt the' a lack man, gave him alsothey have an interest in a company to the baloGt to the black man, gavIse himl also proportionate extent of that interest, they perfect equality with ourselves before the popotionate eent of that interest, they la, enttling him to be heard sel- vote for the men who manage its affairs. aefence and to sit in tohe jury box. Hlas And if it comes to that point, why should that degraded the wshite muarn? My they not vote for one of themselves as, well as for anybody else? friend, Judge Black, here says "yes," but I do not think so. It never degraded In every aspect in which this question, himn; it never degraded me, nor' has it of woman suffragecan be looked at, I am de graded any man in this Convention or at a loss to perceive any argument which in this State, that I know of, that his col- ought to weigh against it. I do not say ored brother should come up and vote this because of anything my constituents alongside of him. Besides, the colored may or may not think. Likely they difbrother generally votes right and gener- fer in opinion, as it is not unlikely I may aLly will vote right; and when the ladies differ from my colleagues upon this quescome to v7ote, they, too, will be found tion. That. is not the point. The thing' CONSTITUTIONAL CONVENTION. 583 for statesmen to consider is what is right cient husbands, leaving, perhaps, encumand what is best for the whole communi- bered estates, and these widows have ty. Looking at my duty in that light, reared large families of sons and brought and remembering the arguments that them up to eminent usefulness. I know have been brought to bear upon it, I feel of such cases. Is not that woman the that it is my duty to favor the proposi- head of the family? So that, according to tion to strike out the word "male," as the argument of my friend from Centre, moved by the gentleman from Delaware (?Mr. M'Allister,) she would have the (Mir. Broomall.) right to vote as head of that family. All Be taking y seat, I desie to say easons applying to the right of the head Before taking-my seat, I desire to say of the family to vote will apply equally that in my absence a few days ago, my to women as to men where women are eloquent friend, (Mr. Boyd,) who occueloquent friend, (r. Boyd,) who occu the heads of families. But the reasons pies the seat next me, when called upon which impel me to this course I shall did not feel quite at liberty because of tem- which impel e to this course I shall now state as briefy as possible. These porary lack of inspiration owing to a de- n ficiency in the number oeladies in the reasons are somewhat different from those ficiency in the number of the ladies in the which have hitherto had the attention of gallery to present his views at that time. As there can be no such reason advanced to-day, I would like to hear from the elo- I think that this is not a question of quent gentleman in question (Mr. Boyd.) right. I do not think that the exercise of Mr. CARTER. Mr. Chairman: I do not the suffrage can be so classed or designated. desire to. occupy the attention of this I think it is a question of time. I think committee more than a few minutes. I it is a questioe of expediency. But here think the time has gone by for what might they say, "what! put principle against be termed lengthy and exhaustive spech- expediency!" No, sir, never; but it may es, or such, at least as commonly receive so chance to be, and it is so in this case, that appellation. I have not prepared a that there is a principle involved in the speech for the occasion, nor I shall make very thing called " expediency." It is a any attempt as eloquence. Indeed I question of time and of fitness. I go so should not rise now were it not for the far as to assert this, that there is nothing reason that certain considerations which right in itself as a form of government. have not received much attention from It may have been in the ages long past, this body, impel me to vote as I should when the theocracy of the Bible was the vote, against the amendment offered by best form of government for the human the gentleman from Delaware: (Mr. family, or that the absolute and despotic Broomall.) The argument that the long was in its time the best form of governtrains of ladies' dresses would prevent ment. These forms were doubtless fitted their getting to the polls has no weight for man in a certain state of moral and inwith me. The argument of the gentle- tellectual development. Nay, we know man from Centre, (Mr. M'Allister,) which that it has been so and that it has been so was reiterated by the gentleman from regarded by intelligent and thoughtful Schuylkill, (Mr. Bartholomew,) in regard men. The gentleman from Chester (Mr. to the natural division of society in the Darlington) asked whether rights like family being, as it were, a unit, and that this were ever conceded too early. I the head of the family should be the only think, sir, that the teachings of history one to vote, and that that head was the are unmistakable and abundant, going to man, is not only no argument in my o,in- show that men have had self-government ion, but it directly leads to a contrary before they were fitted for it. When the opinion. It assumes, nodoubt-but there South American republics-to cite a noit is much mistaken-as regards man is torious instance-threw off the Spanish thehead of the family. Ithink I know- yoke, will any body say that they were and you, Mr. Chairman know, and every fitted for self-government? They were other gentlemen here all know-number- not; and a consequence is that a constant less cases where the man is not the head state of anarchy prevails there to-day, as of the family, and where the woman is, it has for a long time past there and in emphatically, that head. We have all Mexico. A republican form of governknown of widows who have had ineffi- ment has its time, its place and its condi .584 DEBATES OF THE tion of intellectual advancement. Ac- have, in his county, a teacher of public cording to the harmonious merging of schools, who is exercising, with eminent these characteristics it may become a success, the duties of her position. mere delusion and a snare, or it may be- In this discussion Anna Dickinson and come a brilliant and living reality. TEe Miss [osmer, and other eminent wornn, father of our country said that just so far have been referred to as being a worthy as a republican fbrm of government would class of American women. I do not bebe successifl so far must it rest upon the lieve, however, that our people are yet virtue and intelligence of its people. If any too far advanced to make the experiyou take away the virtue and intelligence ment of self-government a perfect success. of the community there is not then the There is another important reason which conditions for the exercise of a republican I hold why the right of suffrage should form of government. I believe that pro- not be granted to woman, and that is, I position is pain. d Without beingt an ad- believe there is too much ignorant voting vocate for what is called "Carlyleisn 7 or now done in the State of Pennsylvania z"Gesarsm," as some designate it, that is and in the whole land. There is another to say, the right of one man by the power evil which would only be intensified, and of superior intellect and greater force of that 1 wish to indicate as this. Our best character to place himself above his citizens, men of refined and intellectual fellow men, and by his will and energy character, abstain from going to the polls causing obedience to his mandates, and at election times. They remove them-,uiding -and ruling the destinies of his selves, as far as possible, from politics, country, and while I say I Em not an ad- and as a consequence the primaries are vocate of that principle, yet I confess that left in the hands of men of much inferior to my mind there is something in it. At intelligence and stability of character. any rate the men in history, who give us What will be the result of this matter illustration of the operation of the prin- which it is now proposed if it is ever conciple, have been eminently useful to the summated? I ask if a larger number of world and have materially advanced their the class of intellectual women will not own nations. Take for example the great remain away from the polls than men? Peter, who was so much superior to all I have no doubt of it. They will shrink the Russians of his time that he stood, from taking part in the elections and as one may say, head and shoulders above they will be attended only by that class any man in his empire. He made a great who are debased and corrupt. I think, nation of Russia by the simple power of Mr. Chairman, that the allegation that knowledge and a determined will, trust- this question is purely one of right is lug no power to the people, for the reason ridiculous. I believe it is a question of that they had not got to that time when time. I know that my opinion will be they could use any governmental power unpalatable to a great many of my judiciously. And the greatest curse that friends, and in fact it is one of my most could be inflicted upon the people of painful duties to oppose so many who Russia to-day would be relax this strong have expected me to aid them in this arm of absolute government that holds matter. It may be my misfortune, but I that empire in its place. It would be cannot help it, for in regard to this quesprecipitating self-government upon a tion, as to any other, I must act according people unprepared and as yet ill-adapted to my best judgment and my conscienfor it. Now if this be true, and if that be tious convictions. I say then that there the teaching of history in regard to one- is no question of right involved in this half of creation, I bring in this applica- matter. It is not a right. It is the duty tion that it is equally true of the other o. a State, or the ruling power, to confer half. It would be the introduction of an the right of suffrage solely where it will entirely new class of subjects into the be attended with the most advantage. I thoughts and minds of one-half of our cannot think that we would gain anything community, a half that has paid no atteu- by an affirmative response to the wishes tion to such matters at all. of those who advocate woman suffrage, It is idle for the gentleman from Chester but I believe that we would act unwisely (Mr. Darlington) to indicate that they in so doing. If this right of suffrage was CONSTITUTIONAL CONVENTION..85 extended to woman, the large mass of our the argument which he has advanced, we intelligent and cultivated ladies, who would have to believe if a woman comwould not attend the polls, would be sup- mitted murder, even in the very presence planted by the less intelligent and de- of her husband, she could be convicted; based who would be, in my opinion, sure but in truth she is under coverture and to attend. These are the views I enter- would be acquitted; while the man, being tain in regard to this question; but I am the head of the family, would be confree to confess and believe that it is one of victed. He (Mr. Broomall) denies the the events which is to happen in the doctrine that is administered in all our future. I cannot believe that I shall live courts under our own eyes and which we to see it, but I believe it must come sooner all acknowledge. The argument has also or later. Woman is being elevated to a been made in support of this question, higher position in the world than she has that reformers in past ages have been heretofore occupied. She has been ad- scoffed and laughed at, and that there has mitted to the bar; she has graduated at never been a discovery in science or an medical colleges, and she has been em- improvement in art but that it always ployed in banking houses, and in a great found obstacles and opposition in the way many other positions in life which require of its success. The dissensions in the both intellect and culture. All these ad- church of England and the labors of vances are but steps in the progress of a John Wesley have also been eloquently time which is gradually fitting woman as referred to; but I would remind the a class for the exercise of this great privi- gentleman that John Wesley died in the lege. In my opinion, however, that time bosom of the church, and that every new has not arrived, and I shall, therefore, discovery in art or science is hailed with feel myself constrained to vote against joy by the citizens of every country. But the amendment of the gentleman from the judge upon the bench who fill his Delaware (Mr. Broomall.) charges and opinions with novelties enMr. ALRICKS. Mr. Chairman: I feel dangers our system of government and constrained to vote against the right of disturbs the peace of society. In this woman to go to the polls either in bloomer Convention, when we are making laws, costume or trail, or in any other costume. we must be sure to keep in the old and There is an eternal fitness in things, and I beaten track, for whenever we diverge apprehend that it would be interfering from it it may be laid down as a certainty with the relations existing between the that we are endangering the peace of the sexes if this right of suffrage is extended country. The only safety for us is then to to woman. For centuries there has been follow in the old beaten track. It is mara law which has appeared to have come velous indeed that generation after gerneradown from the God of nature, that has tion has passed, and women, if they ought cast upon man the duty of legislating, to have the right of suffrage, have never and of legislating both for himself and for demanded it before. I cannot believe, woman. I deprecate exceedingly in our even at this late day, that there is more day that such a reform, as it is called, by than one out of a thousand who have ever which the right of suffrage is proposed to asked for this right, and not one out of a be extended to woman, has been raised thousand who wishes ever to exercise it. as a question in this State. I do not want There is no class of men that doubts that to treat its advocates disrespectfully, but we have an equal, mentally and intelI apprehend that there is every reason to lectually, when we are in the presence of fear that if we should adopt their views a refined and intelligent woman; but that we should only disturb the peace of so- is not the proposition. There is a fitness ciety. I was somewhat surprised at the in everything and a place for everything, argument presented by the gentleman and it is necessary that whatever duty we, from Delaware, (Mr. Broomall,) when he as members of this Convention, exercise, scouted the idea that a man is the head of should be exercised in a manner that will the family and the family a unit. The contribute to safety and wisdom in the gentleman has forgotten the criminal law establishment of our organic laws. To in this State. He has doubtless but little those who clamor for the right of suffrage practice in those courts, for, according to on the part of woman, and who would 586 DEBATES OF THE show us that this right would be exer- both the man and the woman. It would cised in a manner faithful to the interests place them in a position where they might of the State, I reply that in my humble have onerous and disagreeable duties to opinion if this right was conferred upon perform. They might be called to fill the the daughters of Pennsylvania, they offices of a constable or supervisor, and would never visit the polls, and they be obliged to weather the storm. It can would prefer to remain precisely where be easily conceived that these new rights their Maker has placed them. They of theirs would bring them into new would remain in the sphere in which they troubles and new difficulties. Instead of are honored. There can be no doubt but benefiting men, it would injure the wothat there has been great wrong done to men and do no good to society. females, but it is evident that whatever Mr. Chairman. The fire-side is the injustice has been done them that it could place where a woman is to exert her influnot possibly be avoided by adopting uni- ence, and it is a mistake to suppose that versal suffrage. It is a well recognized she has not even from that fire-side a fact that every man who enters into so- lever by which she can move the world. ciety forms a part of the government, and There is her place, and that woman who thereby surrenders a portion of his natu- is lovely in her life and lovely in her ral rights. The right of suffrage is not es- manners, in her own home, is a queen teemed as a natural right. It has never though she may have no crown; a been so considered. It is nothing more daughter is sweeter than the morning than a conventional right, and the ques- rose when the dew wets its leaves and tion presented here is whether it would unstained and pure as the mountain be convenient and expedient to grant snow. We are disposed to go to our this right to the other sex. This is the wives and our daughters for instruction only question which is presented to this in lessons in virtue, in lessons of propriety Convention, and the only question that and of patriotism; and although they may has been disturbing the minds of this not be found on the huskins, their voice Convention. It has been well said upon will be heard on all proper occasions. I this floor that if the right of suffrage was am, at this time, reminded of some very given to women it would impose new du- appropriate lines written by a gentleman ties upon them, and that it would be ne- in this city who has long since left us, the cessary for them to study the question of words of the late Dr. Ely. His language currency and the philosophy of govern- was this: ment. "Hundreds of mothers dressed at ease, CIt was asked by ontented might their daughters please, It was asked by one of old, "can a mo- And lovers face a wintry breeze ther forget her child?" Is it possible To gain a healthful rudiness." that there are members of this Conven- I want the gentleman whose head is tion who believe that a mother could blossoming for the grave (Mr. Broomall) leave her infant in the cradle to attend to to understand that he is not the only the more important public duties of a ju- champion for the ladies. He cannot lay ror, and, along with eleven obstinate men, the flattering unction to his soul that he is "fight it out on that line if it took all the friend and the only friend of the fair night?" While we pity a man who is ef- sex, if he does say that he loves them, alfeminate, we instinctively shrink from though the frosts above have not yet the masculine womnan. If this amlend- smothered the fires of his impulsive heart. ment is adopted it will revolutionize so- But I will assure the gentleman that there is not a man in this assembly who will ciety, the law and the government, and is ot a man in this assembly who will vote against this amendment who aces will cast a fire brand into every house- not feel ha if th is a man livinw who not feel that if there is a man living who hold in this broad Commonwealth. does not regard and revere the words and Is a:mran to pass his time in the lessons of instructions of his sainted modrawing room or the parlor, and a woman ther, he is a moral monster, and should go in the halls of the Legislature who would down to the grave unwept, unhonored not be shocked at the very thought of it? and unsung. I am of the opinion that instead of eleva- Now, Mr. Chairman, as I have introting man by conferring the right of suf- duced a little poetry into this subject, I frage on women, it would tend to degrade am reminded of another verse from the CONSTITUTIONAL CONVENTION. 587 " Pleasures of Hope," that is most appro- Mr. LILLY. Mr. President: I have only priate and as beautiful as appropriate. It a few words to say in reference to this subis this: ject. I offered last Monday morning a reso"The earth was sad, the garden was a wild, lution somewhat similar in effect to this, And man, a hermit, sighed till woman smiled." and I was very sorryafterward to learn that But we are to look to a higher law when the printing office of the State Printer in we are disposing of this question. We are Harrisburg had been on fire and very much to look to that law in which it is said. I damaged. The consequence is that his believe it is the words of inspiration, "'wo- work was put back very much. Our man shall not usurp authority." There bills, the delay in which called forth my you have it, and without being personal, resolution then, would have been on the [pointing to Mr. Mann, ] I will say it is files of the members at the time I offered better to trust in the Lord than to put any I my resolution, but for this accident. I confidence in man." So says the same coo i. presume the printer is doing the best he I*doo ntdsrtoteuthtiefcan to get his printing up. I do not wish t do not desire to take up the time of to be understood as opposing this resoluthis House. It is about the time of adjeournment. Irallhaection. I only desire to say this much in ournnent;, I really have convinced myjournment.'I really have convinced* my- relation to the resolution I offered on self that the whole of this agitation is en- reono he resolution tirely unnecessary, that it is all uncalled Monday morning last. for, that there is no class in the commu- Mr. DALLAS. Mr. President: I will nity who are in favor of it, and that the say, in explanation of this resolution, that ladies themselves would feel very much my purpose in offering it was simply, as grieved if it passed, and therefore I will every member of the Convention knows, leave the matter in the hands of other gen- that after we have been sitting in this tlemen in this Convention who are better tlemen in this Convention who are better city since early in January, we have just able to dispose of it. had laid on our tables the printed IDeMr. TEMPLE. Mr. Chairman; I move bates.informing us that we have arrived that the committee rise, report progress, here; and telling us what was done on the and ask leave to sit again. first day of our meeting in Philadelphia. On agreeing to the motion, a division If the reason of that delay is, as the genwas called, which resulted sixty-five in tleman from Carbon (Mr. Lilly) says, the affirmative and thirty in the negative. that there has been a fire in the office of So the motion was afgreed to. the State Printer, it is a reason which The committee rose and fMir. \Walker re- would excuse, of course, great delay; but sulmed the Chair. I would like to have a report from the IN CONVENTION. Committee on Printing. The chairman of the committee of the Mr. DARLINOTON. Mr. President: I whole (Mr. Lawrence) reported that the desire to ask the gentleman from Carbon committee had further considered the re- (Mir. Lilly) when this fire occurred. port of the Committee on Suffrage, Election and Representation, and desired to Mr. LILLY. Mr. President: On Saturreport progress, and ask leave to sit again. day night last. Leave was given, and to-morrow named Mr. DARLINGTON. Mr. President: That as the next day for sitting. is too late. It ought to have occurred Mr. LILLY. Mr. President: I move the long before to have been any excuse. Convention do now adjourn. Convention doInowaadjourn.Mr LILLY. iMr. President: It must be Mar. DALLAS. Mar. President: I ask unanimous consent to offer a resolution. remembered that it was sometime after unanimous consent to offer a resolution. Unanimous consent was given, and the we met in this city before the House resolution twice read: would agree on the form in which these Debates were to be printed. It was the DILATORY PRINTING, second week after we met here before it Resolved, That the Committee on Print- was settled as to the form in which these ing be requested to report to the Conven- Debates should be printed, and that then tion whether any arrangement has been all the proceedings in Harrisburg were to made to secure greater speed in the print- be printed before the Debates in this city ing and delivering the Debates of the Con- could be reached. I have no doubt the vention. printer has used all the expedition possi 588 DEBATES OF THE ble, but I do not object at all to the pas- The resolution was agreed to. sage of the resolution. Mrr.LILLY. Mr. President: I renew Mr. DARLINGTON. Mr. President: I my motion to adjourn. hope we will pass the resolution. Really This was agreed to, and the Convention we are too much behind with these De- at one fifty-five P. M. adjourned until bates. Let the Committee on Printing eleven A. M, to-rmorrow. inquire into it, CONSTITUTIONAL CONVENTION4. b89 THIRTY-SIXTH DAY. MON DAY, February 6, 1873. Mr. CAMPBELL also presented a petsit l'le Convention met at eleven o'cloc:k tion of citizens of Bradford county, askM. MI., Mr. Walker in the chair. ing for an amendment to the Constitution Prayer was offered by Rev.:Mr. Curry. granting female suffrage, which was referred to the Committee on Suffrage, PROTEONOP4TARY'S PREPORT. Election and Representation. The PRESIDENT prO tern presented the Mr. CAMIPBELL also presented a similar report of the prothonotary of Dauphin petition from citizens of Pennsylvania, co-runty, which was refered to the Commit- which was referred to the same committee on Judiciary. tee. UNIVERSITY OF PENNSYLVANIA. MILITARYSERVICE AND FINES. The PRESIDENT pro tem presented an Mr. BROO-MIALL presented a Imemorial invitation from the trustees of the Uni- of a monthly meeting of Friends of Delversity of Pennsylvania to the members aware county, asking a constitutionm of this Convention to visit the new Uni- al amendment giving them protection versity buildings on Saturday, February against compulsory military service, and 8, at two o'clock P. M. against taxation in lieu thereof, which iMr. DALLAS. Mr. President: I wish to was referred to;ie Conmmittee on Militia, call, through you, the attention of the Con- INTOXICATING LIQUORS. vention to the invitation which has just been reid, and to mention that I have M. BROOMA.LL also presente a m.emoF been requested to say that it is not merely rial from the same body, asking a constia formal invitation, but a cordial and tutional provision prohibiting the manu earnest one, to attend the new buildings of ftture and sale of intoxicatin liquors, which was referred to the Committee on the University of Pennsylvania, an insti- ich was refered to the Committee on tution of which not only the city of Phil- Legislation. adelphia, but the whole State of Penn- CRUEL AND BARBAROUS LAWS. sylvania, may be proud, They have re- Mr. BROOMALL also presented a petition cently removed fromntheir rooms, at.Ninth from the same body, asking for a constiand Chestnut streets, to a new and hand- tutional amendment to protect human some edifice in West Philadelphia, and life against cruel and barbarous laws, they are anxious that the members of this which was referred to the Committee on Convention should accept the invitation. Judiciary. I move therefore that the invitation be accepted, and that the thanks of the Con- INTOXICATING LIQUORS. vention be returned for the courtesy. Mr. CARTER presented the petition of The motion was agreed to. two hundred and forty citizens of LancasCONSTITUTIONAL COMMISSION. ter county, asking an amendment to the constitution prohibiting the manufacture and sale of intoxicating liquors, which copy of the Journal of proceedings of the e was referred to the Committee on LegisConstitutional Commission of the State at lation. of New York, which was laid on the table. Mr. MANN presented a, petition from FEMALE SUFFRAGE. citizens of Lycoming county, asking for a Ma[r. CAMPBELL presented a memorial constitutional amendment prohibiting from the religious society of Progressive the manufacture and sale of intoxicating Friends of Longwood, Chester county, in liquors, which was referred to the Cornthis State, asking for an amendment to mittee on Legislation. the Constitution granting female suf- Mr. PARSONS presented a petition of frage, which was referred to the Comn- one hundred citizens of Williamsport, reittee on Suffrage, Election and Repre- praying for an amendment to the Constisentation, tution prohibiting the manufacture and C911 ~DEBATES OF THE -sale of intoxicating liquors, which was Why, sir, if we turn out of the Conven-t referred to the Committee on Legislation. tion such important subjects as are emMr.- HORTON. Mlr. Chairman: I had bodied in this resolution, and give the the honor, a few days ago, to present a cold shoulder to that large class of our petition from citizens of Wyoming coun- citizens who are in favor of some action ty, asking a constitutional amendment being taken in rega rd to them, I fear that prohibiting the manufacture and sale of at the polls they will deposit the evilence intoxicating liquors, and I now ask that it of their disapproval of the Constitution be referred to the Committee on Legis].a submitted to the people, and will seek re.o tion. dress in another Convention. It is with The petition was so referred, the view of shortening our labors, andc cutting off as much debate upon these subjects as possible, that I have offered MIr. S. A. PURVIANCE offered the fol- the resolution. I hope, therefore, that the lowing resolution, which was twice read: resolution will be adopted, and that the Resolved, That the Committee on Suf- Committee on Suffrage will report these frage be instructed to report to the Con- three separate propositions as separate vention, for its consideration, three sepa- amendments to the Constitution. rate propositions. One in favor of cumu- Mr. TEM.PLE. Mr. President: I desire lative suffrage, one in favor of felmale to say only a few words upon this subject suffiage, and the remaining one in favor at this time. I presume, if this resolutionof prohibiting the sale of intoxicating is adopted, it will only be the means oi drinks as a beverage, and that said propo- getting rid of the proposition submitted by sitions be so framed, that if approved by the Committee on Suffrage. I am advised. the Convention, may be submitted to the that one of the gentlemen who signed the people for their ratification or rejection as minority report is anxious to be heard upon separate amendments to the Constitution. this question. HIe is not now in the Hall, Mir. B:ROOtMALL. I call for a division of and it seems to me that it will be exceedthe question. inglyunfair to dispose of the question before Mr. FUNCXK. I move to postpone the he has had an opportunity of being heardfurther consideration of the question for If certain gentlemen desire to get rid oj the present. this question in such a summary manner, Mr. BROOMxnALL. I withdraw the call upon them alone the responsibility will for a division of the question. have to rest. I know myself there are Mr. KAINE. I move to amend the mo- other gentlemen who desire to be heard tion, by inserting the word "indefinitely." upon this question, and I submit to the Mr. FuNceK. I accept the amendment. Convention it is unfair that soime of our lr. S. A. PURVIANCE. Mr. President: nmembers, after having expressed their I have come to the conclusion, in intro- views upon the matter, should vote it out ducing this resolution, that unless some of the Convention, and that their ideas action of this kind is taken by the Con- should be permitted. to go to the people vention, our sessions will be prolonged without other of our members having all until next fall. While I am. not in favor opportunity to answer them. I hope, in of everything that is embraced in these view of these facts. and particularly in propositions, I am satisfied there is a very view of Mr. Cassidy, who signed this milarge and respectable portion of the peo- nority report, not being in the Convenpie of this State who favor each and every tion this morning, that gentlemen will one of the propositions. If it is destined not take this hasty action, and vote this that the Convention is to enter into an whole subject out of the Convention. elaborate and separate discussion upon Mr. CocHRAN. Mr. President: I am each one of these propositions, our labors not in favor of this resolution, for I do will be extended to a longer period than not think it is exactly important to pass a we contemplated. I had a very strong resolution of this kind which will give reason in offering this resolution, for if the such instructions to the Committee on Conventio.n feels disposed to reject all of Suffrage. One of the rules of the Conthese propositions, I would ask what is vention says: That all propositions of to become of the Constitution when it is amendments to the Constitution upon framed? What is to become of the irm- any subject not then under consideration, portant changes which the Convention unless otherwise directed, shall be reproposes to make in the judiciary, in the ferred by the President to the appropriate right of suffrage and in other matters? committee. The practice has been in all CONSTITUTIONAL CONVENTION. 691 cases, where propositions looking to Mr. BOWMAN. Mr. President: I think amendments to the Constitution are pre- there is a mistake. The question, as I sented, to refer the resolution itself to the understand it, is upon the indefinite postappropriate committee, and I suppose, ponement of the resolution. therefore, the objection to a direct action Mr. CATMIPBELL. TMr. President: I ask upon the resolution offered by the gentle- what is the question before the Convennan. from Allegheny (Mr. S. A. Purvi- tion. ance) is, in fact, that it conflicts with the The PRESIDENT prO ter. The question rule of order which we have adopted. is now upon the resolution offered by the Mr. BUCKALEW. Mr. President: I gentleman from Allegheny (Mr. S. A. think if resolutions of this kind are en- Purviance.) tertained by the Convention, it will delay Mr. COCHRAN. Mr. President: I wish our work to a considerable extent. If to rise to a point of order, and it is this: this resolution comes before the Conven- That under the rules of this Convention tion for consideration, I will move to this resolution must be referred to the strike out the proposition relating to the Committee on Suffrage without further subject of cumulative voting. I feel con- action. siderable interest in the subject, and I Mr. BROOMALL. Mr. President: I also desire to debate it at the proper time. 1 rise to a point of order, and submit that hope the gentleman will not press this the point of order raised by the gentleparticular proposition upon the Conven- man from York (Mr. Cochran) should tion. In regard to the two other proposi- have been inade before the consideration tions contained inthe resolution, involving of the resolution. female suffrage and the subject of intern- The PRESIDENT. The Chair decides perance, I think that the Convention against the point of order raised by the will greatly facilitate its progress by gentleman from York (Mr. Cochran.) adopting that part of the resolution and Mr. LAWRENCE. Mr. President: It ocpermitting debate upon these subjects at curs to me that we will be placed ill a some future time. If we do not adopt false position by voting on this proposisome such course as this, amendments tion. There are some of us who are very will continue to be offered, one after an- anxious that some of these questions other, until the action of the Convention should be referred to the people. There will be greatly embarrassed and our pro- are some anxious that the question of gress continually delayed. I believe that temperance, if you choose, or the sale of the friends of these two propositions de- intoxicating drinks, should be referred to sire them to be referred to the appropriate the people. Some are in favor of referring comnittee, and I hope that the Conven- the other qestions, and vice versa. Now tion will give its consent to accede to their if we vote no on this resolution we will wishes. The subject of female suffrage be considered as against all these propohas been one of continued discussion in sitions. As I understand, the yeas and this Convention for the past three days, nays are called. I do not want to be put and we are now about resuming its con- in that position for my own part. I want sideration in committee of the whole upon it to be distinctly nnderstood, as far as I the fourth day. This debate can be re- am concerned, I am in favor of a separate sumned again on the second and third proposition on the subject of temperance, reading of the article we have under con- and may be against the proposition on sideration, and it may be wiser to allow either of the other, subjects, and that, the committee to report upon other arti- whether I vote for a postponement or cles which the Convention will consider against it, I shall not be committed by hereafter. I am clearly of the opinion my action on this question in any vote that the mover of the present resolution that I may hereafter give. I merely deconsults the convenience of the Conven- sire to put myself right on the record, betion in proposing it, and I hope, therefore, cause this question will be regarded by that it will not be indefinitely postponed, some as a test vote. but, without prolonged debate, we will Mr. KAINE. Mr. President: I cal for adopt it. a division of the question, so that the vote Mr. FUNCK. Mr. President: I with- shall be taken on each proposition sepadraw the motion to postpone indefinitely, rately. and move to refer the resolution to the Mr. S. A. PURVIANCE. Mr. President: Committee on Suffrage, Election and Before the yeas and nays are called I rise Representation. to modify the resolution. 1592 DEBATES OF THE The PRESIDENT. The question cannot Samuel A., Rooke, Russell, Sharpe, now be discussed. With the unanimous Smith, H. G., Struthers, Turrell, Wetherconsent of the House it may be modified. ill, J. M., Wherry, White, David N., The question is, will unanimous consent White, J. W. F. and Wright-51. be granted? N A Y S. [Aye' No! Aye! No!] [Aye! No! Aye! No!] Messrs. Alricks, Baer, Baily, (Perry,) Mr. BROOMALL. Mr. President: I withMr. BRMALL Mr President: I with- Bailey, (Huntingdon,) Barclay, Bardsdraw the call for the yeas and nays, for ley, Bartholomew, Boyd, Clark, Colbett, the purpose of allowing the gentlnman Corson, Cronmiller, Curtin, Dallas, Dafrom al.lea heny (Mr S. A. Purvi'ane) to vis, Elliott, Ellis, Gibson, Gilpin, Gowen, make a modification. Guthrie, Hanna, Harvey, Hay, Hazzard, The PRESIDENT. The call is withdrawn, Heverin, Hopkins, Horton, Hunsicker, and the gentleman from Allegheny will Kaine, Lawrence, Lilly, Long, M'Clean. state his modification. nM'Culloch, Metzger, Minor, Mott, Niles, Mr. S. A. PURVIANCE. Mr. President: Pattei;son, D. W., Read, John R., Reed, At the instance of the gentleman from Andrew, Reynolds, James L., Reynolds, Columbia (Mr. Buckalew) I will modify S. H., Ross, Smith, Henry W., Smith, W. the resolution, so as to leave out " cumu- H., Stanton, Stewart, Temple, VanReed, lative suffrage." VTalker, Wetherill, John Price andl Mr. BRoOMTALL. Mr. President: I re- Woodward-54. new the call for the yeas and nays. So the resolution was not agreed to. Mr. PARSONS. Mr. President: I call ABSEN-T OR NOT VOTING. - Messrs. for the reading of the resolution as modi- Ancrews, Armstrong, Biddle, Blacl, J. fled. S., Brodhead, Carey, Church, Cuyler, Mr. D. N. WHITE. Mr. President: I Darlington, Dimmick, Dodd, Ewin., renew the motion to put in "cumulative Fell, Fulton, Hemphill, liambertton, voting." I want these things to stand to- Landis, Littleton, M'Camant, MacVeagh, gether. Newlin, Purman, Purviance, John N., The PRESIDENT. The yeas and nays Runk, Simpson, White, Harry, Worreli were called before the gentleman from and Meredith, Presicent-28. Allegheny (Mr. D. N. White) moved to llegheny (r. D N White) moved to On the call of the yeas and nays, Mr. re-insert "cumulative suffrage," and therefore the motion cannot be read. Beebe gave lowing reason'rhe resolution, as modified, will be read. lug. I vote no on the proposition of the genResolved, That the Committee on Suf- noon the proposition of the genfrage, Election and Representation be instructed to report to the Convention, for relce,) because I desire to get a direct its consideration, two separate proposi- vote upon the resolution as reported fromn its consideration, two separate proposttions, one in favor of female suffrage and the committee. the remaining one in favor of prohibiting PROHIBITION. the sale of intoxicating drinks as a bev- Mr. D. N. WHITE offered the following erage, and that such propositions be so resolution, which was read and referred framed that, if approved by the Conven- to the Committee on Legislation: tion, they may be submitted to the peo- Resolved, That the following poposed pie, for their rejection or ratification, as amendments be referred t t the Colnmmitseparate amendments to the Constitution. tee on Legislatiol, to wit: The yeas and nays,required by Mr. Ad- The manufacture and sale of alcoholic dicks and Mr. Broomall, were as follow, liquors, whether fermented, brewed or *'' liquors, whether fermented, brewed or distilled, or any admixture, part of which Y E A S. is alcoholic and adapted to be usedl as a Messrs. A cheilbach, Addicks, Ainey, beverage, is prohibited. Baker, Bannan, Beebe, Black, Charles A., The manutacture and sale of such liBowman, Broomall, Brown, Buckalew, quors for exportation, Ior medicinal, saCampbell, Carter, Cassidy, Cochran, Col- cramental, mnechanical or artistic purlins, Craig, Curry, De France, Dunning, poses, by agents specially provided by.Edwards? Finney, Funck, Hall, Howard, law, are excepted. Knight, Lear, Mi'Allister, MacConnell, The General Assembly shall, within M'Mur;ray, Mann, Mantor, Palmer, G. one year from the adoption of the ConstiVW., Pal ler, H1. W., Parsons, Patterson, T. tution, enact laws with adequate penalties H. B., Patton, Porter, Pughe, Purviance, for the enforcement of this provision. CONSTITUTIONAL CONVENTION. 593 O(ARD OF EDUCATION. The PRESIDENT pro tern. The gentleMr. STANTON offfered the followin rese- mnan is correct. The yeas and nays are Mrution, w-l.icli w'as twice rea0d: called to proceed to a second reading. Resoto,,That she use of trhe alil be The question before the Convention is, rantved to the board of pubicf eda tio will the Convention proceed to a second granted to the board of public education for net Tuesday afternoon at three reading. o'clock;. lMr. FUNCK. I accept tihe amendment of Mr. STANTON. I'will only state that the gentleman from Bedford (Mr. Rusthe hall of board of education is now- si.) very much crowTded with the distribu- try eANNAN. I withdraw tie call fo *o of books. We~T cannot meet in the the yeas and nays on the question of protion of books. *vVe cannot meet in the ceeding to a second reading. hall, and we would like the Conventiond reading r to grant us thi; use of this hall for one af- MrI-. LILLY. I renew the call for the ternoon, foe our regular mlwonthly~- meet- yeas and nays. I think we had better setIng. tie the question right away. The resolution was agreed toi. Mr. CAMPBELL.r. I rise to a question of order. Is debate in order? LE MITATIm~N O 1. 13DmnTIa. The PREsIDENTprO tem. Is the call for Mr. FCNCE offered the follow ing resolu- the yeas and nays seconded?:ion: Mr. CO!WBETT. I second the call. BResolve, That when this Convention AMr. LILLY. I rise to a p,,int of order. goes into committee of the whole discus- Is this resolution acceptable of amendsion shall terminate at twelve o'clock M:I. ment before it is before the Convention to-day, and that a vote shall be taken cl eading? upon the pending proposition and all The PRES NT pro te The chair The PRESIDENT pro t6n. The chair amendments offered, without further de- rules that it is not. The question is upon bate. the resolution of the resolution as modliMlr. FUsNCK. MLr. Presilent'; I m1-ove fled, by striking out "twelve" and insertthat we proceed to a necond reading of the ing "one." in- "one." resolution. The yeas and nays were required by r. A CE I sggest a ic Mr. Lilly and MAr. Corbett, and were as, tion of the resolution, so as it shall read folow, vi: "one o'clock." Mr. FUNCE. I accept the modification. Y E A S. Mr. BUCKALEW\. I anm afraid that that Messrs. Achenbach, Baily, (Perry,) Bai:.resolution is so drawn that it will preclude ley, (Huntingdon,) Baker, Banan, Bar-. debate on every article of the section. clay, Beebe, Black, Charles A., Bowman,'Mr. RusssELL. Mr. President: I imove Boyd, Brown, Campbell, Clark, Collins, to amend. Corbett, Cronmiller, C-urry, Davis, De The CLERK read the amendmllent, as France, Dunning, Edwards, Finney, Fulfollows: ton, Funck, Guthrie, Hanna, Harvey, Hay, "That all debate in comnmittee of the Hazzard, Hunsicker, Lear, Long, M'Culwhole upon that part of the section one, loch, MI'Murray, Minor, Niles, Parsons, reported by the Comnmittee on Suffrage, Patterson, T. IT. B., Pughe, Reed, AnEtIlection and Representation, which has drew, Reynolds, Jamnes L., Reynolds, S. been under discusssion during the sessions H., Rooke, Ross, Runk, Russell, Smith:' of the last three days, shall cease at one Henry WV., Smith, W. H., Struthers, Van o'clock P. M. this day, and the vote shall Reed, Wetherill, John Price and XVoodthen be taken." ward-52. AMr. BANNAN. Mr. President: I call N A Y S. for the yeas and nays. r the yeas ad nays. essrs. Addicks, Ainey, Alricks, Baer, NMr. J. I. READ. I would like to know r. J. R. RED. I ould like to o Bardsley, Bartholomew, Biddle, Black, whether the resolution offered by the gen- J. S., Broomall, Buckalew, Cater, Castleman fromr Lebanon (air. Funek) was sidy, Cochran, Corson, Cralg, Curtin, Dallas, Elliott, Ellis, Gilpin, Gowen, Hall, The PRESIDENT P1ro tern. It had not. Heverin, Hopkins, Hort6n, Howard, Mr. J. R. READ. I rise to a point of Kaine, Knight, Lawrence, Lilly, M'Allisorder, that it is not proper to offer an ter, M'Clean, MacConnell, Alann, Mantor, amendment to a resolution until it has AMetzger, Mott, Palmer, G. WI., Palmer, been passed to a second reading. H. WV., Patterson, D. W., Patton, Read, 38 59)4 DEBATES OF THE John R., Sharpe, Smith, H. G., Stanton, Mr. D. N. WHITE. Mr. President: 1 Stewart, Temple, Turrel], Walker, Weth- wish to say to the Convention that the erill, J. M., Wherry, White, David N., printer informs me that it is only a few W~hite, J. W. F. and Wright-54. days since lie received the names of the So the motion to proceed to a second papers of the State, and that he is now ceading was rejected. prepared to furnish the proceedings to ABSENT OR NOT VOTING.-A-essrS. An- these papers if he can find any way to dcrews, Armstrong, Brodhead, Carey, pay the postage. The postage has to be Church, Cuyler, Darlington, Dimmick, paid in advance, and no provision has Dodd, Ewing, Fell, Gibson, Hemnphill, been made by the Convention to cover it. Lamberton, Landis, Littleton, MI'Camant, Mr. PORTER. Mr. President: The reaMaIcVeagh, Newlin, Porter, Purman, Pur- son I offer the resolution is because there viance, John N., Purviance, Samuel A., is a great deal of complaint, especially Simpson, White, Harry, WTorrell and among newspapers in the country disMeredith, President-27. tricts, that the Debates or proceedings are HOURS OF SESSION. not received. WNe have been in session over two months, and these documen's Air. HOPKINS offered the following reso- are not issued. The newspapers are very lution, which was read: anxious to receive them, as they are deResolved, That from and after Mlonday sirous of knowing what takes place here, lnext the Convention Ewill meet at teln and anxious to give to their readers all ino'clock A. M. and adjourn at one o'clock ffoirmation necessary to give them a clear P. M., and meet at three P. M. and adjourn understanding of the things accomplished at five P. M. by this Convenation. I think it is entirely The question being, shall the Conven- that we should have this report proper that we shoul have this report tion proceed to the second reading and asked for from the Printing Committee. considerationof the resolution, a division They can investigate and see whether or was called for, and resulted: In the aflr- not the printer has done his duty in rearative, fiftv; in the negative, fifty-six. o ative, fifty; in the negative, fifty-six gard to the matter, and what, if anything, So the resolution was rejected. So te resolution was rejected. is necessary to be done in order to secure LIAMITATION OF DEBATE. the prompt issue of the documents refeMIr. RUSSELL offered the following reso- red to. lution, which was read: iMr. D. N. WHITE. Mr. Chairman: The Resolved, That all debate in committee chairman of our committee is now enof the whole upon the part of the section deavoring to make arrangem-ents with the one of the report of the Committee on Postoffice department, at Washington, to Siuflrage,e Election and Representation, have these papers sent without postage. ifhich has been under discussion during I do not know whether he will succeedt the sessions of the last three days, shall or not, but the printer is ready to send cease at one o'clock P. M. of this day, and them the moment we can have the artlhe vote shall then be taken. angement made for postage. The PRESIDENT pro tern. The Chair is LEAVE OF ABSENCE. comipelled to state that that cannot be relr. ~VRx~IGT asked leave of absence ceived, as the Convention has already had under consideration a reolution of theor Mr. Craig for a few days from to-day, under consideration a resolution of the w.ae same import at this sessionand voted upon it. RAILROAD STOCKS. DEBATES TO NEWSPAPERS. RMr. COCHRAN presented a report fronm Mr. PORTER offered the following reso- the Committee on Railroads and Canals, lution, which was read: embodied in the following resolution, Resolved, That the Committee on Print- which was read: ing be requested to inquire into and re- Resolved, That it is contrary to the pubpDrt whether the printer of this Conven- lie policy, and against the public intertion is furnishing a copy of the proceed- ests, that laws should be enacted conferings of the Convention to the papers pub- ring unlimited power upon railroads or lished in the State. other corporations to increase capital The question being, shall the Conven- stock and bonds. tion proceed to the second reading and Mr. COCHRnAN moved the second readconsideration of the resolution, it was ing and immediate consideration of the agret d to. resolution. CONSTITUTIONAL CONVENTION. 595 The question being, shall the Conven- shape of a resolution, as the Chair thinks, tion proceed to the second reading and con- than a report from a committee. But it is sideration of the resolution, it was agreed now before the Convention, by order of to. the body, on second reading, and must So the resolution was again read. be considered. Mr. HovARD. Mr. President: I believe AIr. BUCKALEXV. MAIr. President: I that the delegates to this Convention will raise the point of order, that reports of endorse the principle contained in that eommllittees must first be considered in resolution. It is a proper provision to be committee of the whole. placed in the Constitution of this State. The PRESIDENT )rO tem. That point or Unquestionably it will be conceded that order should have been raised at an earcorporations should not have the power rtageofthe eeding conferred upon them to increase their the Clair would have so decided. But capital stock, and issue their bonds in any having been submitted in the shape in amount that they shall please. If that is, and carried, by order of the iwhich it is, and carried, by order of the Convention, to a second reading, the Chair forthwith by this Convention. For the nforthwith by this Convention.I For the is of opinion that we will have to proceeds information of the Convention I will read with it. an article fron the Pittsburg Gazette, of Mr. HOWARD. Mr. Chairman: 1 will February 5, which I hold in imy hand. now read the article to which I referred, Mr. TE3IPLE. Ml. President: I rise to from the Pittsburg Gazette, of the fifth ina point of order. This is a resolution, and, under the rules, should be referred to the proper committee. HARRISBURG, February 4, 1873. The PRESIDENT pro tem. It is the re- THE PENNSYLVANIA RAILROAD co0ZPAport of the Committee on Railroads and NY'S LEGISLATIVE PROGRAMIME. Canals. The Pennsylvania railroad companyMr. TEMPLE. It is a resolution, as I developed its legislative programme for understand it. The report of the corn- this year, by presenting to the House touittee has not yet reached the Coniven- night the most extraordinary bill ever tion. presented to the Legislature of this State. The PRESIDENT pro tem. It is a report It is entitled "A bill authorizing an inof a committee, and submitted as such to crease of the capital stock, the issue of this Convention. bonds, and the securing of the same byr Mr. MANN. Mr. President: 1 raise the rnortgace." The first section authorizes point of order that, being a report of a the stockholders, by resolution, to incommittee, it must first be printed and crease the capital stock of the company laid upon the desks of members before to an unlimited anount, and to apportion being considered by the Convention. This and dispose of the shares in such manner report has not been printed. and upon such terms as the board of diMr. HOWARD. - ell, it has passed sec- rectors deem proper. It also authorizes ond reading in regular form. the company to issue bonds, in such The PRESIDENT pro tern. The Chair will amount and payable at such time as they remark that it is rather an extraordinary may appoint; said bonds to be secured by report to come from a committee; but it one or more mortgages on the whole or comes in the shape of a report, and it is any portion of the railroad estate, real and not in the power of the Chair, as he thinks, personal, and corporate rights and deeds, to rule it out from the consideration of the franchises acquired and to be acquired Convention. by said company. The only limitation is ir. MANN. But, sir, it is in the power that the bonds shall not be issued in exof the Chair to enforce the rule of the cess of the capital stock of the company Convention-that reports shall be printed at the time of such issue, upon which isbefore being considered. sue of the capital stock there is no limitaThe PRESIDENTprO tern. Will the gen- tion whatever. The second section protleman from Potter (Mr. Mann) point out vides that the mortgages authorized by the rule to which he refers? the act shall be recorded in Philadelphia, Mr. MANN. The thirty-first rule. and shall be a lien on all the property of The PRBESIDENT pro tem. The Chair is the company without further record. of opinion that it does not come under The rumor current here this evening is that rule. It is not an article such as that the unlimited increase ih the capital is there contemplated; it is more in the stock and issue of bonds is to cover con 593 DEBATES OF THE tingencies connected with the construe- posed legislation, I cannot understaind. I tion of the Southern Pacific railroad. therefore move that the resolution be re-Now, Mr. President, 1 do not wish to committed to the Committee on Railroads. mnake any long speech upon this subject. Mr. MANN. ll'. President: I hope This matter has been published at length that the gentleman will withdraw his in the morning papers of Philadelphia, motion, in order that I may be able to and if it is right, if it is proper, that the Inake a correction. Legislature of the Commonwealth shall 11Mr. HANSNA. Mr. President: I withpass laws of this description, then this draw the motion for this purpose. resolution should be defeated. If it is not MAr. MANIN. Mr. President: I desire right that these companies should have to make a correction in regard to the stateunlimited power to increase their capital mnent that was made upon this floor a few stock, and issue bonds in an equal amount, days ago by the gentleman from PhiladelI say that this resolution should not only phia, (MAr. J. Price Wetherill,) respecting be considered but adopted by the Con- certain expenses incurred in the legislavention, as a provision that should go into tion of this State. It certainly is as pertiour Constitution. That railroad comnpany nent as the resolution which has just been has already under its control property discussed. The Convention, for a long amnounting to one thousand million of time, in fact as long as we have been in dollars, and to give them this enormous session here, has been lecturing the Legispower —a power that has never been con- lature upon all manner of subjects, and ferred before upon any corporation in this now we have undertaken to tell its rernworld, is, I think, going entirely too far. beis what they may do in relation to a AIr. HANNA. Mr. President: I wish to certain bill which is now before them. It say that I cannot possibly see the perti- seems to me that this resolution is entirely nencyofthisresolution. If Inistake not, impertinent, and that the figures of tile this Convention has been called together gentleman from Philadelphia, (Mr. J. for one purpose, and that issolely to revise Price Wetherill,) in the statement he and amend the Constitution of the State, made concerning the legislative expenses, and why we should be called upon to ex- are entirely incorrect. It was stated the press our opinion in regard to legislation, other day, as a reason for lecturing thel I cannot understand. This proposition Legislature, that the salaries of our Senadoes not embrace anlly amendment or any tors, last year, amounted to — reform that we are called upon to mnake Mr. COCHRAN. Mr. President: I rise to in the interests of the people. It simply a point of order, and it is that the matter calls upon us, as a Convention, to express referred to by the gentleman is not pertiour individual and collective opinion rela- nent to the discussion of this resolution. tive to legislation, and I would ask if that The resolution which has been under discomes within our province. VWith due cussion has nothing to do with the corndeference to the gentleman from Alle- pensation of the members of the Legislagheny, (Mr. Howard,) I would submit to ture. him that this Convention has not been iMr. MANoN. It hassomething to dowith called forany such purpose. I understand their action, and that is precisely what we that it is the duty of the various commit- are discussing. tees of this Convention to report amend- Mr. COCHRAN. Mr. President: I insist mnents to the Constitution, and reforms for upon my point of order. the people, but I submit that this resolu- The PRESIDENT pro temrn. The Chair tion is not an amendment. It is not even does not understand the gentleman friom a report from this comnlmittee. It is simply Potter (Mr. Mann) to be out of order, for a resolution which originated in the com- the simple reason the Chair is unaware of reittee, and no action of this Convention the drift of the gentleman's remarks. has been taken upon the subject. No re- Mr. MANN. I was simply correcting a solution of this kind has been referred to misrepresentationthatwas made the other the Committee on Railroads; and I do day in the Convention, relative to the salurge upon the Convention, that it is en- ary of members of the Legislature. tirely extra-judicial, and that we have The PRESIDENT, pro tern. The Chair is nothing at all to do with the subject. We then compelled to rule the gentleman out can make a provision in the Constitution of order. The correction of any remarks, relative to railroads, if we so desire; but made upon the subject can certainly have why we should at this time express our no bearing upon the question now before individual opinions, relative to the pro- the Convention. CONSTITUTIONAL CONVENTION. 597 Mr. MANN. I presume it will be in or- take upon this subject? Are we to have der some time., no opportunity at all of giving an expresMr. HANNA. Mr. President: I now sion of our opinion upon these subjects, renew my notion to re-commit the resolu- and to remain content to be cut off by tion to the Committee on Railroads. force of legislation which is to exclude us Mr. COCHRAN. Mr. President: If this from all power and control over subjects question is debatable, as I understand it of this kind? WVe hoped that the exis, I hope this resolution will not be re- pression of the sentiment of this Convencommitted to the Committee on Rail- tion would have the effect of protecting roads. The Committee on Railroads be- the community from the passage of such lieved it to be their dutyv to introduce enactments, at least until the matter had this resolution into the Convention this received a more mature and complete morning, and to ask an expression of consideration. We hoped that it woulb opinion on the part of the mrernbers rela- have the effect of withholding the hana tive to the subject it contains. The action of any other power of the Commonwealth of that committee has been branded here until at least the Convention would have as being impertinent, but there is a de- an opportunity to determine what was cided difference of opinion upon the sub- right and what was wrong upon this subject, and the committee believed that, in ject. Now, sir, we shall have no opporthe introduction of this resolution, they tunity to determine any question of this were doing what was entirely pertinent character. We shall find ourselves enand proper. In introducing this resolu- tirely cut off from any control of this subtion they have acted in the discharge of a ject; and, if this be the case, then this Conduty confided to them by this Conven- vention, on all questions of this kind, is tion, and which it seemed to them was well nigh helpless and can do nothing proper for th6 consideration of the Con- even if we think anything is necessary vention. If this resolution is re-com- to be done for the protection of the people mnitted to the committee, all that was ex- and the public interests of the State in pected to be accomplished by it is lost. this particular. If this resolution should fail to meet Mr. ELJIS. Will the gentleman perthe concurrence of this Convention, then mit me to ask him a question? I cannot see why the Committee on Rail- Mr. COCHRAN. Certainly, but I do not roads should not be at once discharged, know whether I shall be able to answer it. tor I do not know what duties will remain Mr. ELLIS. I desire to ask the gentletbr them to perform. If this Convention man if the passage of this resolution will has no opinion, at least, to express with produce a good effect on the Legislature, regard to the unlimited, unbounded and and, in fact, whether it will determine all-embracing action of the corporations anything at all? of this State, which is pending and threat- Mr. COCHERAN. I have stated that we, cned( at this time, then all the mischief of course, cannot control the action of any which we propose to remedy, or expect to department of this State; but I think the renledy, is accomplished, and the arm of passage of a resolution of this kind, by a this Convention and its power are para- Convention such as this, would have a molyzed, and if it has nothing more to do ralinfluence, which might stop these proupon that question, there is little use in ceedings until the matured and final acconsidering the subj ect any further. Now, tion of this body could be obtained. This Mr. President, we found when we as- is the view with which the resolution has sembled this morning to discuss the busi- been offered. It is offered as an expresness entrusted to us that there was a sion of the sentiment of this Convention, proposition pending, and likely to be- here assembled for the purpose of considcome a law, which would vest one of the ering this, among other subj ects, and with corporations of this State with unlimited the view of bringing the moral force of power to increase its capital stock and an expression of the opinion of this Conissue its bonds and securities. What vention to bear upon the subject. could the committee do but consider that Now, sir, I hope that the resolution will proposition in connection with the work not be re-committed, but that the Convenwhich we had before us? What could we tion will express its opinion in the terms do but ask of the Convention an expres- of this resolution, and in this way do all sion of its opinion with regard to a mea- that lies in our power to protect the peosure of that sort? Are we to be entirely ple from the effects of the legislation, forestalled in all the action we propose to which is now pending, and which may be, 538 DEBATES OF THE and will probably be, consummated with- and my body to prevent the passage of in a very brief time, unless we make the such a law as has beln read here this expression which is asked for in this reso- morning. But although I would do that, lution. I think it would be an act of impertinence Mr. CAMPBELL. Mr. President: I mere- in us, sitting as we do in this Convention, ly wish to say a few words. I hope this to interfere with their action, be it what resolution will not be re-committed to the it may. As individual citizens of this Committee on Railroads, of which I am a Commonwealth, we have a right to be member. That committee had a very heard by petition and remonstrance. Let full meeting this morning, and we in- us act in that way as a part and parcel of structed our chairman to report this to the sovereign people of Pennsylvania, but the Convention in the shape of a resolu- let us not attempt, as a Constitutional Contion, so that the Convention could express vention,to interfere with the action of the an opinion upon the subject, and, if possi- Legislature. In the capacity in which we ble, draw the attention of the people to sit here, we have no right to attempt such the character of the bill that is now before interference. It is an act-I humbly conthe Legislature of Pennsylvania. If that ceive, with all due deference to the Combill is passed a great many of the reforms mittee on Railroads-it is an act of imperthat the people of Pennsylvania expect tinence. We are growing out of our boots. from the action of this Convention cannot It seems to me that we should not commit be accomplished, and I therefore hope this interference in this way as a Conventhat this action to re-commit the resolution tion, but should reserve our right to speak to a committee that has already consider- as a portion of the people,which is the beted it fully and brought it in here, I may ter way for us to pursue. say almost unanimously, will not now be Mr. MINOR. Mr. President: It seems taken, and that the Convention will either to me that this motion to re-commit this vote the resolution down or vote for it. resolution to the Committee on Railroads Mr. HAY. Mr. President: I shall vote ought to prevail, for this reason if for no for the re-committal of this resolution for other: This resolution is the first of the this reason, and for this reason only: That kind that has been introduced, and it is I believe it to be more pertinent for this for us now to establish a precedent for our body to express its opinions upon pend- future action, not only upon this, but all ing legislation, except in the shape of the other topics. Are we willing to esadoption of constitutional amendments, tablish a precedent in this Conventhan it would be for any court in the Com- tion, that any committee, instead of monwealth to express its opinion while in reporting anything officially for official session. action, to become a part of the ConstituMr. MI'ALLISTER. Mr. President: I tion itself, may report a resolution whereshould not have troubled the Convention by they ask simply for the unofficial at this time, if it had not been said by the opinion of the members of the Convengentleman from Philadelphia (Mr. Camp- tion? That is the point I would raise, no bell) that the Committee on Railroads matter what the merits of this resolution were unanimous — are. It may be that we are all in favor of Mr. CAMPBELL. Mr. President: I beg the sentiment expressed; it may be that the gentleman's pardon; I said almost we are not. But the question is, are we unanimously. I believe the gentleman ready to place ourselves in a position was the only one present who did not whereby, hereafter, we shall be compelled agree with his colleagues as to this resolu- to occupy our time in discussing matters tion. which cannot possibly enter into the ConMr. M'ALLISTER. Mr. President: I de stitution in the form in which they are sire only to say a word or two upon this thus expressed? I may agree-I do agree subject. It seems to me that the Legisla- to considerable extent-in the sentiment ture, conling from the same source from of the resolution, but I am opposed to its which we come, each the representa- coming out of the Convention in this tives of the people, that it would not be form. It is extra-judicial. WVie are to be pertinent fbr this Convention, called for a addressed as a court is to be addressed, special purpose, to establish organic law, and no judge, sitting upon the bench with to interfere with the action of that body, his associates, comes into court with ain which was called to make laws. I am op- opinion upon a case unless it is actually posed to, and if I were in the Legislature pending before them for decision. So it I would exert every power of my mind seems to me that we should send this CONSTITUTIONAL CONVENTION. 599 back to the committee where it belongs, instruct that judge upon his duty? Supto be incorporated by them, if they see pose we were toldi that the Governor of fit to incorporate it, in official form, to be this Commonwealth, in the performance of printed, discussed and acted upon as some of his Executive functions, proposed other regular reports in official form are to make a certain appointment to office, treated. would it be proper, would it be right for Mlr. GOWEN. Mr. President: I desire the members of this Convention, acting to say a few words upon this subject. I as a Convention, to pass a resolution inapprehend that this body is called into tended to take the Executive functions this hall for a certain purpose, namely: To out of the hands of the Governor? I care amend the Constitution of the Common- nothing whatever, sir; I care nothing wealth of Pennsylvania, and that until it whatever, for the fact that the secrets of has anmended that Constitution and pre- the commnittee have been exposed, here, sented for the adoption of the people a by one of its members. It is unheard of new one, the present laws govern and are in parliamentary usages. I care nothing in force. It was well considered by those whatever for the fact that the Railroad who drew up the rules governing this Committee, through one of its members, Convention that the deliberations of this who in the shakings and turmoils of this body should partake somewhat of the Convention comes very frequently to the solemni character of the duty that it was surface, told us that they have acted upon called upon to perform. It was provided this question. Having been very carethat every resolution should be referred, fully excluded from any committee of without debate, to the proper committee any importance, I do not propose to rehaving charge of the appropriate subject. linquish my right to the one hundred and It was then provided that every article thirty-third part of the deliberations of suggested by any committee should re- this Convention. I shall vote for an ceive three several readingsbeforeitsadop- amendment, such as this, if it is presenttion, and that the first of thenm should be ed as an article to be part of the Constituin committee of the whole. The whole tion, but I shallvote forno hurried resoluobject and scope of these rules were, that tion which is intended to have the effect the practice, the alarming practice, which of an article without the moral courage of prevails and has prevailed, to a great ex- saying so, and which is attempted to be tent, among the Legislatures of American forced through the Convention. C'omnmonwecalths, that is the practice of MIr. CAMPBELL. Mr. President: I rise snaking through a bill, should not be re- to a point of order. I believe it is consorted to in this bill. trary to the rules of thisbodythata memI desire to say, Mr. President, that while ber should make a personal reflection. I should vote gladly and cheerfully for The gentleman has just now announced an anmendmrent to the Constitution which to the House that he has been carefully covers the ground taken by this resolu- excluded from any of the important conmtion, and believe that itshould be adopted, mittees. I deem that to be a reflection I will vote at all times against doing any- upon the President of this Convention. thing in this Convention that assumes The PRESIDENT. The Chair does not so that we are the censors of the morals of understand it. the people. The Legislature of a free Mrn GOWEN. Mr. President: I have Commonwealth, necessarily, is the su- no doubt that the President of this Conpreme power of the State and must be so, vention will be delighted at the care which and I, for one, am not in favor of injuring the gentleman from Philadelphia has the crumtum ftrlmen that the resolution will taken of him;' but I can assure the genbe, and giving to the Legislature the op- tleman that the President is able to take portunity to reply to us, "gentlemen, at- care of himself. tend to your own business, we are amply Whether my friend from Philadelphia capable of attending to ours." Let us (Mr. Campbell) will regard theseremarks suppose, for one moment, that upon mere as he did those I made the other day, as newspaper report the members of this puerile and flippant, I know not. But Convention were informed that a judge of what I mean to say is this, that I have the one of the courts of this city proposed to right to the one hundred and thirty-third deliver a decision upon a judicial ques- part of the power of this Convention, and tion in a certain way. Would it be ap- I do not propose to surrender it because a propriate, would it be proper for this Con- gentleman connected with any of the vention to pass a resolution intended to committees rises in his place and tells us 600 DEBATES OF THE that that committee has already acted on may dictate, when the question comes bethe subject. fore us. Mr. IHoP iris. Mr. President: It occurs These are my views, very briefly exto me this morning that we occupy rather pressed, and 1 trust that the motion now a novel position in this Convention. The before the Convention, to re-com mit, will resolution before the Convention conies, I be voted down. believe, in the shape of a report froIn a nl r. L.iWlRENCE. Mr. President: Ioffer standing committee of this House, and it an amendment. proposes, according to the interpretation put upon it by a member or two, perhaps, The CLERK read the amendment, as of that committee, what the sense of this follows: Convention shall be upon certain ques- iThat the Committee on Rail oads be tions of legislation. Now, sir, as has instructed to report an article for adoption, been already observed, I think this a which shall prevent the Legislature herenovel proceeding. If the Committee on after from authorizing any railroad comRailroads will present to this body an pany from increasing its stock, except ainlendsment to the Constitution embody under proper limitations, to be therein ing the views indicated.by the resolution designated now before us, I shall with great cheer- Mr. LAWRENCE. Mr. President: I offer fulness vote for it. But the mere expres- that amendment, that we may not be sion of opinion on the part of members of placed in a false position here upon this this Convention certainly would have no great question; because I agree with lmy legal force upon the action of the Legis- friend from York, (Mr. Cochran,) that it ture, and I am not prepared to say that it is of the utmost importance that the peowould have very Inuch mnoral force. I ple at least shall be heard upon this queshave a suggestion to lmake to the gentle- tion. I agree entirely with my colmen who offered and advocate this reso- league who has just taken his seat, that lution, and that is this: When this Con- this is an interference, on the part of this vention shall have adjourned to-day, if a Convention, with another body, coming public meeting of the citizens of Pennsyl- from the people as directly as we have vania be called in a public square, or here, come, upon a question which they are now or elsewhere, to give an expression of their considering, and with which we ought views upon the question suggested, I will, not to interfere. with great pleasure, attend that meeting, I say it is a great question, and it has and give my humble vote in favor of such engaged the minds of some of the ablest measures as I may deem proper. But, sir, men in the State for the last two months, so long as I occupy a seat upon this floor, and, probably, for years. How shall we as a member of this Convention, I shall limitthesegreat'corporations? How shall never vote in favor of any such proposition we curtail the power with which they asas this, for these reasons: First, that it sume to control the people and to increase would have no binding force upon the their stock as they please? At the proper Legislature; and, second, because I do not time I shall be prepared, probably, to cxbelieve it would have much moral force press some views upon that subject, but upon the action of the Legislature. for the present I think it unwise-exI am opposed to the proposition irume- tremely unwise, extremely improper-for diately before the Convention, that this us to dictate to the Legislature in referresolution shall be re-committed to the ence to a bill which they are probably this Committee on Railroads. I shall vote day considering. Hence I have offered against that proposition. I do not like to this amendment to instruct the commituse any unkind terms, but it strikes ime as tee-which will be equivalent to what we a cowardly Tproposition. The Committee might do if we instructed the Legislature on Railroads, as we have been told, has had -to report an article upon this subject. this matter under consideration for days, It will be an expression of our opinion, if and has arrived, with some equanimity, we carry it here by a strong vote, just as at the conclusion embodied in that reso- fully to the Legislature as if we were exlution. Now, sir, what is to be gained by pressing our opinion aside, for it will pass their further considering the resolution? into the press and the members of the Why not, like men, meet the question in Legislature will see it. It will be legitithe face fairly, and vote down the propo- mate for us to instruct this committee, sition to re-commit, and vote either for or and it will be an expression from this against the resolution, as our judgment Convention. I have offered it, sir, for the CONSTITUTIONAL CONVENTION. 601 purpose of relieving us from this unplea- ly, Long, M'Allister, M'Clean, MacConsant position. nell, M'Murray, Mann, Mantor, Metzger, The PRESIDENT pro tern. The question Minor, Mott, Niles, Palmer, G. W., Palis upon re-committing the resolution to iner, H. W., Parsons, Patterson, D. WV., the Connmmittee on Suffrage, with instruc- Patton, Porter, Purviance, Sarnuel A., tions. Reed, John R., Reed, Andrew, Reynolds, Mr. HANNA. I accept the amendment. James L., Reynolds, S. H., Ross, Runk, Mr. BIDDLE. 1 would suggest to the Russell, Smith, H. G., Smith, Henry 7W., gentleman from Washington (Mr. Law- Smith, WV. H., Stanton, Stewart, Temple, rence) that he insert the words "before Turrell, Van Reed, WValker, Wetherill, J. adoption or consideration." While I feel M., Wetherill, Jno. Price, W~herry, White, the force of what he says, and will proba- David N., White, J. 7V. F., VWoodward bly go in that direction, I do not wish in and WVright-98. advance, in a debate like this, to pledge N A Y S. myvself to do so. While favorably disposed toward it, I wish to reserve to my- Cuessrt Uily, (Pery,) Beerson, T. H. B., Curtin, M'Culloch, Patterson, T. H. B., self the right of hearing all that can be Sharpe and Sirmpson —8. properly said for or against it. So the motion was agreed to. Mr. LAWRENCE. I accept the modifiABSE:NT OR NOT VOTING. —Messrs. Allcation of the gentleman from Philadeldrews, Armstrong, Black, J. S., Brodphia (Mr. Biddle.) heast, Chlurch, Corson, Cuyler, DarMr. HOPKINS. Mr. President: I de-n, Cuyler, Darlington, Dimmick, Dodd, Ewing, Fell, sire simply to state that it is due to mryself that I should modify somewhat the reLittleton, Mi'Camant, MacVeagh, Newlin, marks I made when I was last upon the Pughe Purman, Purviance, John N., floor. I said I would not vote for the res- Rooke, Struthers, White, Harry, Worrell olution to re-commit, nor would I have anc Meredith, President-27. done so had the rlesolution remained in the shape in which it was; but with the ask whether in the absence of the chairmllodification of mly colleague, (Mr. Law- ma of the Printing Conmitteeany mem rence,) Iwlo oman of the Printing Coinniittee,any memrence,) I will now vote fbor it. her of the commnittee now present is in a poThe PRESIDENT, pro temn. The resolu- sition to respond to the resolution offered tion as modified will be read. by me yesterday, and adopted, on the subThe CrLERK read as follows: ject of hastening the printing of the DeTo re-commit the original resolution, bates? I would call upon the gentlemain with instructions, as follows: from York (Mr. Cochran) to say whether " And that the Comuittee onl Railroads there has been anSy meeting, or other acbe instructed to report an article for our tion, of the committee on the subject. consideration or adoption, which shall MIr.COChRAN. Mr. Chairman: Iws oule prevent the Legislature hereafter fronm beg leave to say, in reply to the gentleauthorizing any railroad company from man's (Mr. Dallas') inquiry, that I beincreasing its stock, except under proper lieve I am one of the last persons named limitations." on the committee's list. and have no more The yeas and nays were required by to do with its business than any other Mr. Howard and Mr. Corbett, and were member of it. The committee has had as follow, viz: no meeting, in consequence, I presume, of Y E A S. the ablsence of its chairman. All the informnation that I have on the subject, I would Messrs. Achenbach, Addicks, Ainey, s Ay' say (if it is in order to say anything) is Alricks, Baer, Bailey, (Huntingdon,) Ba- that the primter is here himself today, ker, Bannan, Barclay, ]ardsley, Barker, Bannan, Barclay, Bardsley, Bar- and says he is printing the Debates as extholomew, Biddle, Black, Charles A., The resolution as' Broomall, Br, editiously as possible. Theresolution as Howman, Bovd, Broomall, Brown, Buckato the fornm of printing the Debates was tew, Csampbell, Carey, Carter, Cassidy, Clark, Collins, Corbett, Caraig, Crmide, not, he says, adopted until the fifteenth of Clark, Collins, Corbett, Craig, Cronmiller', ur, D, D, D' F, January, and he has not been able to Curry, Dallas, Davis, De France, Duni Finney.bring the Debates up to time vet. He has ning, Edwards, Elliott, Ellis, Finney, brought the Journal up to date, however. Fulton, Funck, Gibson, Gilpin, Gowen, Guthrie, Hall, Hanna, Harvey, Hay, Haz- SUFFRAGE. zard, Ile-verin, Hopkins, Horton, Howard, The PRESIDENT pro tem. The next Hunsicker, Knight, Lawrence, Lear, Lil- business in order is the consideration, in 602 DEBATES OF THE c.-mmittee of the whole, of the article shall not be denied or abridged, means reported by the Committee on Suffrage, women, then the word " male" will have Election and Representation. no more effect than the word "white" The Convention then, as in committee does in the Constitution now, where it of the whole, Mr. Lawrence in the chair, stands meaningless and dead. If women proceeded to the further consideration of are not included in the word " citizens,' the article reported by the Committee on as used in that Constitution, then the use Suffrage. Election and Representation. of the same term will not include them in Mir. D. N. WHITE. Mr. Chairman: Be- this section. I cannot therefore see any fore this debate closes I have a very few necessity in the use of the word, 6' male,' words to say to give the reasons why I as it adds nothing to the force or meaning shall vote for the amendment of the gen- of the article, and is objectionable in other tleman from Delaware. respects. 1 think this is the wrong place for this If the Constitution of the United States debate. The striking out of the word does not confer on women the right of suf"male" does not, of itself alone, give to irage, then there is no use in the term woman the right to vote. If there had " rale." If it does confer suffrage uponl come before us, as I expected, a distinct them, as the Supreme Court may decide proposition to be submitted to a separate upon the case lately referred to it, then vote of the people, expressing, in un- the use of the word "lm ale" in this seedoubted terms, the grant of the right of tion would mlake our Constitution ridicusnuffrage to woman, then this debate lous. would have been proper, and I should We are perfectly safe in following the have given such a proposition my cordial phraseology of the Constitution of the support. United States, for we are compelled to But the amendment under considera- abide by its meaning, as interpreted by tion, and the amendment to the amend- the highest authority, whether we are in ment, affect the question of woman suf- favor of women suffrage or not. frage only in a very indirect manner. t is clearl in The reason why I shall support the to women, if we choose right of suffrage to women, if we choose amntendment to strike out the word " male to do so, but e ust do it by soe to do so, but we must do it by some. is to make the Constitution of our State phraseology more specific than that of nfmorn to) that of the TUnited States, this section, with the word "male"' ex — which we took an oath to support, and pnned which is the supreme law of the land. t L furt I am therefore in favor of striking out Tile fourteenth amnendmnent of the Conthe word " male "-not with any treference stitution of the UJniited States Stys: to the question of women suffrage, but to. "All persons'born or naturalized in the th United States, and subject to the jurisdicnited Statesreof, andre citizens of the United c- Constitution of the United States; and for tion thereof, are citizens of the United the same reasons I am opposed to the States, and of the State wherein they reamendment to the amendment, offered by side. No State shall make or enforce any the gentlernan from Indiana. law which shall abridge the privileges or imtmunities of citizens of the United If the question of women suffrage shall States." come up as a distinct proposition, I may The fifteenth article of the Constitution ask the Convention to indulge me insone of the United States reads as follows: remarks on that question, but it is clearly out of place here. "The right of citizens of the United States to vote shall not be denied or Mr. TFMIPLE. Mr. Chairman: I have abridged by the United States, or by any no apology to offer for occupying the atState, on account of race, color or previous tention of Convention in the discussion of condition of servitude." this subject, for I shall not engage its time By striking out the word I" male " in the for more than twenty minutes. section before us, it will read: "Every cit- I will state, in the first place, that I was izen of the United States;" thus bringing somewhat surprised this morning when, it into conformity to the Constitution of upon the calling of the yeas and nays upon the United States. The word' "male" the question,whlether or notfurther debate adds nothing to its force or meaning. If. on this question should be dispensed with, the phraseology used in the fourteenth certain gentlemen, who, in committee of and fifteenth amendments, "citizens of the whole, consumed over an hour of our the United States," whose right to vote time in this discussion, should show them CONSTITUTIONAL CONVENTION. 603 selves desirous of voting it out of the an evil ten times greater than any of Convention altogether. But there seems those of which we now complain." to be that merit in the question that corn- Now, sir, the only reason he stated was mends it, after all, to the consideration of that it would destroy the peace and comthis body; and I desire to state, most enm- fort and pleasures of the home circle. He phatically, that I am in favor of the then gravely asks whether, owing to this amendment of the gentleman from Dela- one consideration, we should not do great ware (Mr. Broomall.) I am not in favor wrong in not opposing the adoption of of the amendment of the gentleman from this amendment, striking out the word Indiana (Mr. White) for the reasons sub- Imale fromr the section, as reported by the stantially as stated by the gentleman Committee on Suffrage. from Schuylkill (Mr. Bartholomew.) I I take it, sir, that anything which tends, consider that the question of female suf- even in the least degree, to the elevation frage is one of great importance. I do not of the female sex, or to the greater intelconsider that this Convention should treat, lectual development of wonmen, tends, in as some persons would have it treated, a corresponding degree, to render them withoutany considerationatall. Neither more independent, and to make them am I in favor of sandwiching it in be- more useful, both to themselves and the tween other propositions. If the question community. of cumulative voting has merit in it, it 1 do not believe that any gentleman certainly should be allnwed to stand upon upon this floor will undertake to say that its own bottom, and, like female suffrage, if a woman had a higher degree of culture, receive the separate consideration of the thus rendering her more useful as well in members of this committee. her home relations as in her relations to The only reason that has been stated- the community at large, she becomes any and I believe I am correct in saying this the less liable to make a good daughter, -the only reason that has been urged a good wife or a good mother. against allowing female suffrage, is that it It was urged by the gentleman from would destroy the home circle, that it Schuylkill (Mr. Bartholomew) in diswould degrade women; and for that cussing the proposed amendments, that reason we should not adopt any amend- the right of suffrage was a' natural right; ment to the Constitution which would that from all time woman had been depermit female suffrage. The distinguished barred from the exercise of this privilege; delegate from Philadelphia, (Mr. Gowen,) and he cited, as an instance, that men were for whose opinions I have the greatest preventedc fonom voting during their mirespect-and I believe he is correctly re- nority, but when they arrived at the age ported in the papers of yesterday-used of twenty-one they emerged from the pothe language which I shall presently sition in which they originated, and went read, and, after using that language, un- out in the community as other men and dertook, by means of that ingenious kind became the heads of families. He therewhich are characteristic of him alone, to fore cited this as a reason why natural argue against the propositioni of female causes have always been against the adopsuffrage, notwithstanding that he con- tion of this amendment. Why, Mr. Chaircedes to it the greatest merit. "He was man, the only reason which has preclud6d not one of those," he said-and I quote minDrs from voting heretofore, anywhere from the newspaper report of his remarks in this Commrmonwealth or in any other -" who would deny to woman the right Commonwealth of this country, is only to claim the attributes of man, but no temporary. This only exists until minors matter what were her reasoning faculties, arrive at the age of twenty-one, and then the instincts of women were always right. they are relieved from their disability, He believed that if the women of Phila- and relieved of it because they are considdelphia had the right to vote, such dis- ered at that age free from all the respongraces as those under which we had sibilities of life which are necessary to lived, in our elections, would cease for- manhood. This principle of fenmale sufever. But at what sacrifice! And while frage, I take it, is not a new idea. I do the exercise of the suffrage by women not think, however, that it is necessary to might elevate man, while it might re- go so far in an argument upon the subject move the asperities of political life, while as the gentleman (Mr. Horton) who sits it might purify many of the sinks of cor- immediately to my right went yesterday, ruption in this city that now send forth although I agree with him in all that he their stench, it would be accompanied by said upon that occasion. I say that it is 604 DEBATES OF THE unnecessary to go back so far into anti- reignof Queen Elizabeth? Why, sir, this quity to find the very highest authority same distinguished author in his eminent that this very question has been mooted work goes still farther, and furnishes conland argued by some of the greatest people plete confirmation of what I have already in this or anv other country. I beg leave said. He says: "In intellectual aptitude to call the attention of the Convention for Elizabeth of England showed herself in a few momnents by reading a few extracts, an incontestable degree superior to her very brief, from the worksof Jeremy Ben- immediate successor, and even to the thain. I consider that there can be no nearest of her male and adult predecesbetter authority than the works of this sors. If Anne was weak, she was not more eminent author. In the discussion of this so than her two immediate succesquestion of universal suffrage lie does not sors-both males. If Mary put men state that it is the right of man to prevent to death for what was called religion, so woman from voting, but he discusses it in did her father, and so did her next male the light that their sex will be ennobled, successor. If Queen Mary put people to and that they will be rendered more in- death for what was called religion, so did telligent themselves in the performance Lord Chief Justice Hale, the hero of of every duty. In the discussion of this English lawyers, for what was called subject he says: "No reason can be as- witchcraft. signed why a person of the one sex should, "In no two male reigns was England as such, have less happiness than a person as prosperous as in the two female reigns of the other sex. of Elizabeth and Anne. As to Anne, " Nor therefore, whatsoever be the exter- whatever was the cause, it was more prosnal means of happiness, why a female perous than that of her immediate male should have a less portion of those same predecessor-a man as unamiable as she means. was amiable. "' If, in this respect, there were a differ- "Thus has England been governed by ence, the principle of equality would re- fenale monarch, four Russia, four; Ansquire that it should be rather in favor of tria, one; Sweden, one; Portugal, one; the female than of the male sex." France, though not once by a female mnonAnd he goes on further to state, that in arch, whose reign continued durin g life, England women have not only had the has been governed by several female right of suffrage, but that they have been monarchs, whose reigns, under the name allowed higher privileges, growing out of of regencies, have lasted for a long course this very right. In reference to this he of years." says that "England also gives the exam- Thus we find the result of this experipie of a case in which, in the choice of a ence and the reasons given by this author sub-legislature of twenty-four members, why this privilege should be allowed to governing, with absolute sway in subordi- females, and I argue here that the opponation to the supreme legislature, sixty nents of this measure have conceded that millions of subjects in British India, fe- females are entitled to it so far as they are males have an equal share with males. concerned themselves. They admit that Thus while gnats are strained at carlels they are perfectly competent to receive are swallowed." and exercise this privilege. They admit, Now this somewhat distinguished au- or at least, the gentleman from Philadelthority goes on to argue, at great length, phia (Mr. Gowen) admits, that men would that no reason has ever been assigned up be greatly benefited if the right of sufto the time he wrote the language why frage was conferred upon women. They females should be debarred from this admit, if you please, Mr. Chairman, that privilege. I deny that it is a natural our politics to-day would be greatly irmnright. I take it that it is not a right at proved if this right was conferred upon all, but simply a privilege conferred upon them, yet they argue this question in an the sex, and if you please to debar the ingenuous manner, and say although other sex from exercising it, it is a mere woman is entitled to the right of suffrage, political privilege, and should only be and that she is competent to exercise it; granted to that class of people who will although it would be pleasing and benesecure the greatest amount of good to the ficial to man; although it would purify greatest number of people. Now how has our party politics, yet they say it would it been in England and in other countries? disturb our home circles and render Has there ever been a country that was woman less a wife, or less a daughter, if more prosperous than England during the this privilege was bestowed upon her. CONSTITUTIONAL CONVENTION. 605 Now I deny that proposition in totoe, and I privilege, and that, although she may be ask the gentleman who advanced that ar- the mental equal or superior to man, she gument whether he believes that his is not so physically. I would ask those mother, or any intelligent and indepen- gentlemen who have advanced these ardent woman, and I use the word indepen- guments if they have forgotten that weodent in its ordinary acceptation, whether, men have, in all time, exercised a moral I say, if she was fully conversant with influence over the ballot-box which has the ordinary relations of life both indoors been more beneficial to the politics and and out of doors, and acquainted with our the welfare of the country than the full form of government, if the exercise of exercise of that right by our male popula-' thisrightoffranchisewouldrenderlherany, tion. The opponents of this measure forless a mother, any less a wife, or any less get that women have been employed in a daughter. Why, sir, such an argument all the branches of industry, and they as that is an insult to the intelligence and forget that women have filled these posipatriotism of every woman in this land. tions with dignity, honor and profit.I feel it would be an insult to nmyself to They forget that the women of this counsay that because the ladies surrounding try, whom they have undertaken to demy household light be educated, and re- nounce as asking for a right that they do fined, and as competent to discuss the not merit, in all time, and down to this political questions of the day as I am, by very moment, filled some of the most imexercising the right of franchise they portant positions iii our political and in would therefore destroy the pleasures of our social world. Why, what would have the home circle and degrade themselves been the ca:e in the election of the board as women. I say that it is an insult to of school directors if it was thought. woman to east any such aspersions upon proper to bring this matter down to the her character. true relations of everyday life? We often Now, Mr. Chairman, there is another see it the case, that ladies who are embranch of this subject which I think is ployed in schools for the purpose of eduimportant, and ought to be carefully con- eating the young, are brought in contact sidered, and that is the argument which with a class of men in some portions of was urged upon this floor yesterday, that our large cities, who are unworthy the women did not want the right of suffrage association of the very persons whom conferred upon them, and that certain they control. These ladies, whose chilgentlemen in this Convention were under- dren are to be educated at these public taking to thrust it upon them without schools,.have no voice whatever in the their consent or approval. Now, sir, I selection of those who are to control and take it, if this is a right, that it is the duty govern them. of this Convention to protect the women Now, Mr. Chairman, there is also anwho desire to exercise the right of suf- other reason that has been urged here why frage, even if there are those among them this right should not be conferred upon who do not want it. The time nay come woman. I desire to allude to it for a when the very women who are'to-day not moment and then I am done. The gerover anxious for this blessing or privilege, tleman from Allegheny, (Mr. D. N. will desire it when they perceive its ne- White,) who last addressed the Convencessity. Revolutions move slowly, but tioni, stated that, if female suffrage was they move surely, and just as sure, in imy adopted in this State, it would be of no opinion, the time will come when the fe- practical benefit, inasmuch as it is not males of this and every other Commlon- recognized in the Constitution of the Uniwealth in this country will be allowed the ted States. I deny that proposition. But privilege of voting. It has been also ar- even if were so, it certainly could have gued during the discussion of this ques- no weight in deciding why prompt and tion, I believe by the gentleman from Al- speedy action should not be taken upon legheny, that women would be exposed this question. I take it that the Constito certain necessary criticisms if she were tution of the United States could not inallowed the right of suffrage, and that terfero with the right of suffrage conthere are certain duties devolving upon ferred upon any person in Pennsylvania, her by reason of her sex, which, if ne- except so far as it relates to officers to be glected, would render her liable to an un- elected to fill positions under the United just animadversion. It has also been ar- States government. I deny, however, gued that, physically speaking, she is the right. And if because the United rendered incompetent to exercise this States government do not think proper, 606 DEBATES OF THE by an appropriate statute, to authorize side of this question. They seem to have the adoption of such a proposition as this, a mistakenidea of this subject. I thought is it any reason why we should "shrink it had been fully demonstrated to this cornfrom the responsibility of granting this mittee by the gentlemen who have preprivilege to a class of people who are, con- ceded me that this right of suffrage was fessedly, by all who have taken part in not a natural right, nor, in fact, a right at this debate, entitled to receive it, by rea- all, yet they will persist in claiming it as son of their independence, by reason of such right. Now, if it be a right, from their intelligence and their real worth? whence, Mr. Chairman, do we get that I sublmlit, is there any reason why any right? So far as females are concerned, gentleman of this Convention, who con- they certainly have not derived it from fesses their right to this privilege, and the Constitution of the United States or of their competencyto fill that high position, the State. There is, it is true, a higher why this Convention should shrink from law; but, with all clue deference to the this great responsibility, because the Uni- gentleman who has referred us to that ted States government has not seen proper higher law, (Mr. Horton,) if he had read to adopt a simnilar proposition? Mr. Chair- a little farther he would have found that man, I have nothing more to add to these man and not woman was commissioned remarks, and, havingp romised to be brief, to rule. When the injunction of the AlI therefore give way for others who may mighty was issued to Eve, after the fall, be desirous of addressing the Convention. we find in that injunction to her that she Mr. METZGER. Mr. Chairman: I donot was expressly told that man should rule desire to occupy the time of the commit- over her. tee any longer than I deem necessary to Mr. IHonRTo. Read it out of the book. the discharge of my duty as a member of Mr. METZGER. Mr. Chairman: I have this Convention, for the question has been not the book here, but I think I can quote fully discussed; but as I have not occu- it, so far as it relates to this question: pied the attention of the committee here- ha Thy desire shall be to thy husband, and tofore, I feel justified in giving an expres- he shall rule over thee." I have theresion tomy views. I cannot agree to accept fore failed to find any authority, either the amendment of the gentleman from divine or human, which confers this Delaware, (Mr. Broomall,) because I have right upon woman, and no individuals not yet heard a single convincing argu- have this right, except those upon whom ment made upon this floor by the advo- it has been conferred by the organic law cates of this innovation in our institutions, of the land. When we establish once, or and because I have not yet heard from change this organic law, and confer the the parties advocating this innovation in privilege of voting upon females alike our Constitution a sufficient reason for me with mlales, then you may claini it as a to change fronm the position which we have right, although the term is not appropriheretofore occupied. I shall vote against ate. It should rather be called a privithe amendment. The gentlemen who de- lege-a privilege conferred upon the rulsire this change seemr to think that we who ing classes. are in favor of sustaining the institutions If these gentlemen would have considas we have them at this day, and incorpo- ered for a moment that, not only fronm rate into this Constitution a similar pro- time immernorial, but from the very bevision to that which already exists, have ginning-for my friend fromr Bradford forced upon us the burden of proof to show (Mr. Horton) did commence in the b1ewhy suffrage should not be extended to ginning, for he said "in the beginning females. I deny this position i, ttoe. was the Word" —they cannot find a single When these gentlemen attempt to intro- precedent for what they are advocating duce an innovation in our Constitution, here to-day. The God of nature estaband give the privilege of the electivefran- lished such a law for the sexes that chise to parties that heretofore have not woman's sphere is clearly defined and had it, when they propose to follow in a prescribed, as is also man's, and among new path in which neither we nor our an- the attributes of man is that of governing. cestors hitherto have walked, it is for So that, gentlemen, this is not a question of them to give us reasons why we should right at all; and when we come now to pursue that course. conside- it, we have to consider it only as But I can conceive of many reasons why a question of expediency, a question of we should not pursue the course that is policy, a question whether it will enhance indicated by the gentlemen on the other the interests and the happiness of the peo CONSTITUTIONAL CONVENTION. 607 ple or otherwise. Considered in that wrong. We are here to meet facts as they view, who can doubt as to how we should exist in society; and who, in this Constand upon this question? Why, gentle- vention, does not know, within his ownl men, it is known to you all, especially to knowledge and observation, instances ill you who are lawyers, and who have had which these differences of opinion, even special opportunities for observation,that a when they have arisen upon less exciting woman, while she sustains the relation of subjects, have created difficulties which wife to her husband, is, to a certain ex- have created a breach which grew wider tent, under the coercion of her husband. and wider until ultimately it ended in a My friend from Philadelphia (Mr. Camp- final separation. bell) has claimed that there are barbaric Mr. H. W. PAL3MER. Mr. ChairmaIn: principles in the common law. With all VWill the gentleinan allow me to askl himn due respect to the opinion of the gentle- a question? man, I say that this principle of coercion Mr. METZGER. Mr. Chairman: Ceris not only a principle of the common tainly. law, but it is founded upon the Word of Mr. H. W. PALMER. Mr. Chairmlan: God itself. If man and wife are one flesh Has the gentleman a wife? -if they are one-then the existence of Mr. METZGER. Mr. Chairnian: I beg the one must be suspended while the leave to say to the gentleman that 1 have marital relation continues. You cannot had, and am sorry I have not now; and "divide a house against itself," has been for the sake of the teachings which imy wellsaid. It is an utter impossi bility. And, dear wife gave to my children, I protest in the very nature of things, it is as true against the innovation which the gentleas it is that the sun rises in the east that, man proposes to adopt here. -when the existence of either is to be sus- I come from a section of country ill pended, it should be of the one whose pe- which I have carefully canvassed the senculiar duties and whose peculiar province timent of the people upon this subject, is not to govern, but to whom Providence and I tell you, in all candor and sincerity, has assigned other and nobler duties. that it is the wish and the desire of reDuring the continuance, therefore, of spectable females of my vicinity that wa these relations, it is impossible to extend should put our final veto upon it. WVhile this right of suffrage to the woman. You I am occupying this position I am in a will not only have to abolish all the prin- different position from the gentleman fronm ples of the common law, but you will Delaware, (Mr. Broomall,) who pretends have to establish a principle which, if to represent a washer-woonman. I am not carried out in practice, would, as these here to represent a washer-woman, or any gentlemen who have preceded me have singlewoman. Ianmhereto represent my clearly shown you, end in discord and constituents at large, and I have no right in bringing to pleasant homes those trou- to mnake use of what one, or two, or fiftyr bles and difficulties which would end in demand, to the prejudice of what a thoufinal separation. Just imagine, for one sand desire. The gentleman is mistaken single moment, your wife differing with when he says that it is his province here you politically, (which she may do.) to represent the women, if it is but one. Imagine that she has the right of suffrage; He is here to represent the sentiment of' that she insists upon carrying out her his constituents, and not single individright, and some villainous and corrupt uals. politician, with whom you would not as- It has been urged here, and with a great sociate, nor permit your wife or daughter deal of surprise I heard these old arguto associate, under the pretence that he is. ments which I thought had long ago becanvassing for a political position, enters come obsolete, that the Declaration of InVour house to solicit your wife's or daugh- dependence, the Bill of Rights and the ter's support. I say to the members of Constitution of the United States gave tli this committee that, under those cir- right of universal suffrage. Why, if tieat cumstances-while it is not probably be true, our ancestors were the most inright, it is human nature for man to re- consistent people that ever lived. Tile coil at it-the probability is that it would very men who framed these instruments, end in a brawl between the man and his if they meant to include females and niwife and a divorce would be sought for. nors in the exercise of the right of suffrage, Now I say toyou, Mr.Chairman, that we in theory adopted what in practice they are not here simply to argue as to what, always denied. Hence it is evident that in the abstract sense, may be right or they did not mean by these instrumentl 608 DEBATES OF THE that all should have a direct influence in sonal considerations. I now propose to the government, but that they should op- proceed to prove it. erate in some measure, as my friend from The gentleman rom Delaware, ( Centre (Mr. M'Allister) has said, by repCentire (r. HAllister) has said, by trep- Broomall,) who in this debate I love, and resentation. He has said, and verytruly, am smitten with him yet, who moved and I approve of it heartily, that the head this amendment and gave his reasons for of othe nily representsthe familyn.f The it, convinced me when he had the floor, head of the amil is the husband I the that whatever of merit there is or might teaching which I have had is correct, ift i is be in the female having suffrage, yet it is the principles contained within the lids of in danger of being abused. Why, sir, that same book which the gentleman take the gentleman from Delaware, (Mr. fro rdford. (r orton) hed UP to Broomall,) the champion upon that side us the other day be true, if the teachings of the question, an as he stood there in of the Apostle Paul be reliable, then I his manly beauty, with a fascination and his manly beauty, with a fIscination and say, not only is the husband the head of a glory radiant around, d the fanily, but it is the duty of the wife you suppose, sir, that thoseof us who are to render oedience toherhusbandatyou suppose, sir, that those.of us who are to render obedience to her husband, as it t d oe h, less favored could ever get an office in the is the duty of the husband to love, honor county of Delaware while he lives? I and respect her. And how can I, under tell you, with his winning, fascinating tell you, with his winning, fascinating the circumstances in which I might besble and placed if this amendment should succeed, ould be would be in vain for any man, howeverhave that love which should animate the intellectual he might be, to hope to sucbreast of every man towards his wife- ceed in that direction. towards his bosom companion, and which should be the sunshine whose rays illu- What opened my eyes wide was my rainate the fireside of his home, and when friend who is absent to-day, I reret to I go to that homne it should be a. home of say, the bland, the insinuating, the fascipeace and not of dissension. nating member from Chester, (Mr. Darlington,) possessing all the toned relaMr. Chairmlan, these are some of lmy tions and affinities, coming here day after reasons for opposing the amendment of- day, filing y corner the be day, filing around my corner the beatuty, fered by the gaentlemabn t from Dpelaware. o the sweetness and the loveliness of ChesThere are many others, but as I promised ter county after he has filed them around to be brief 1 will not longer trespass upont to be brief eI wil not longer trespass upon me, should, in that placid, sweet way, turn the time of the comnnmittee. his eyes into nay corner, as much as to Mr. BoYn. Mr. Chairman: The debate say: "Ipityyou." Sir, if I had no other upon this question has assumned propor- reason to vote against this amendment, it tions vastly beyond my expectations. It would be through sheer envy and jealhas been with me a strain, mentally and ousy of the gentlenman from Delaware physically, by day and by night, until it (Mr. Broomall) and the gentleman from had well nigh wrought an agony. But as Chester (Mr. Darlington.) Then, sir, I this blessed day commenced to dawn upon had my eyes still wider opened when my us, as the cock crew, as if it were by in- beloved friend, if I may so call him, from spiration, I beheld the way out of all our Bradford, (Mr. Horton,) who addressed troubles. I have here an olive branch us. Do you tell me that such a gentlethat will calm and restore us to our origi- man as that, with his winning, sniling, nal relations, and where everything will bewitching ways about him, going around be peace. Before I shall present it I beg, from house to house with his pallet of sir, to preface it by a few remark which, pills, for he is a doctor, one grain of rye under the circumstances, must neces- flower and two grains of sugar, and presarily be exceedingly brief. I by no senting it in that fascinating way, as only means underrate the magnitude and im- he can do, and then, too, with the holy portance of this question. It is, sir, a big bible next to his bosom, do you tell me, thing, [laughter,] mighty big to some gen- sir, that he can go around in that district, tiemen; and in my rural simplicity I sat seeing his patients, and administering here listening to the advocates of this in- these sweet potions, and not always be renovation and sought to ascertain a mo- turned to office? I tell you, in all sintive, if they were capable of a selfish mo- cerity, that these gentlemen who are so tive, and I soon discovered, to imy satisfac- highly favored should not seek to take tion, that the chief advocates of this ineas- this advantage of us who are so illy faire are likely to be influenced by per- vored. CONSTITUTIONAL CONVENTION. 609 Now, Mr. Chairman, there is one county heartfelt sympathies in their behalf, bethat should have female suffrage, and if cause-and here I might say that I mean we could give it to that one county I no personal reflections upon any man in would vote for it. I would vote with all this body-I have always thought it rough my might for Luzerne, after hearing from for certain gentlemen to give the baltlo the venerable gentleman, the senior mem- to Africa before they gave it to female ber from that county, my old, long-time America. I claim for the sex that they and honored friend, (Mr. Wright,) who are the superior of Africa, male or female, told us yesterday that the election days in and that it is the bounden duty of gentlethat county were as calm as a sabbath men who are favoring female suffrage, school and as lovely as a sabbath morn; and who brought Afriica in before they when he promised us, as I understood brought in the females, that it is their him, to see that in the future, as in the bounden duty to repair the gross wrong past, at the polls of that county, all shall and injury that was done the sex when be peace and order, and that he proposes they helped to effect and accomplish that to act as wet-nurse to the babies of Lu- act. zerne county while the mothers go to Now, Mr. Chairman, I alr aware that vote. I say we will give to the women of this body is wearied, as has been signified Luzerne the ballot. [Applause and his- by the votes which have been taken, and ses. ] by the discussion, and that they are ready Now-, Mr. Chairman, this debate never to vote upon the question, and I am adwould have assumed the importance and mnonished by the clock that I should the proportions that it has, notwithstand- cease, and bring my remarks to a close, aling the gentlemen who are prominent in though not entirely completed. In view its advocacy upon this floor, had it not of all that has transpired, sir, I trust that, been for what I conceive to be an unwise if the chairman of this committee should step, on the part of gentlemen on the other deem it proper and wise to offer an arguside, to have given it an importance which ment in reply, that he will refrain from it was not entitled to. I undertake to say doing so, because, should this body be that this is a scandalous waste of public troubled here as to the difference between time; that this body here, which is sup- the chairman of this committee (Mr. M'posed to be composed, in a high degree, Allister) about the trail at the polls, and of the choice intellect of the State, should the gentleman from Potter (Mr. Mann) be here calmly discussing a question of about the trail at the Academy of Music? this kind for three days. I say it is be- Therefore, sir, asit is now just two o'clock, neath the dignity of this body. If the I will close. right of suffrage is ever to be accorded to Ir. J. S. BLACK. Where is your "olive the -female it would be more wisely and branch?" properly dispensed by the Legislature, and that in a manner and at a time when Mr. BOYD. I had forgotten that. I will they have shown themselves fit and equal now read it. for it, as, for example, the county of Luzerne; and after it has been tried in one "Every malecitizen of theageof twentycounty and in another, if, in the wisdom one years, and all damsels and spinsters of the Legislature, it shall be found to be above the age of forty, or of doubtful age, wise and politic to extend it throughout citizens of the United States, having rethe broad Comnmonwealth, then it might sided in the State one year, and in the election district where he or she offers to he well enough; but, sir, representing the election district where he or she offers to countv of Montgomery, which for the vote, two months immediately preceding most part is a rural district, and cwhere the election, shall enjoy the right of sufthe polls are in many instances miles and frge. miles from the homes of the voters, I wish This gives exact justice to a large class to say that we are not prepared for a change of the sex whom we are hound to provide of this kind until the way is paved for it. for. While I make remarks of this kind I Mr. H. G. SMITH. Mr. Chairman beg that you will understand that the sex have my highest admiration and respect. Indeed, sir, I am known to be rather weak now rise, report progress, and ask leave to in that direction, and I assure you that sit again they have my best, and deepest and most The motion was agreed to. 39 610' DEBATES OF THE IN CONVENTION. Leave was granted to the committee to) Mr. LAVWRENCE. Mr. President: The sit againto-morrow. committee of the whole has had. the report The PRESIDENT pro tem. The hour of of the committee under consideration, and two having arrived,the Convention stands has instructed their chairman to report adjourned until to-morrow at eleven progress and ask leave to sit again. o'clock. CONSTITUTIONAL CONVENTION. 611 THIRTY-SEVENTH DAY. FRIDAY, Februcary 7, 1873. inserted in the Constitution prohibiting The Convention met at eleven o'clock the sale of intoxicating liquors as a beverA. M., Mr. Walker in the chair. Pray- ae, which was referred to the Conlmiter was offered by the Rev. James W. tee )n Legislation. Curry. SMr. PARSONS presented the petitions of The Journal of yesterday was then read citizens of Lycoming county, praying and approved. that a clause be inserted in the Constitution prohibiting the sale of intoxicating THE CHICAGO PUBLIC LIBRARY. liquors as a beverage, which was referred The PRESIDENT laid before the Conven- to the Committee on Legislation. tion a coimmunication from the Chicago Mr. DARLINGTON presented a memopublic library, thanking the Convention rial from the Bradford monthly meeting, for the adoption of the resolution present- praying that the Constitution be so ing to the library complete copies of the amended as to prohibit the sale of intoxiDebates and proceedings. eating beverages, which was referred to REPORTS OF PROT:HONOTARY. the Commnlittee on Legislation. The PRESIDENT also laid before the THE DEATH PENALTY. Convention a communication from the Mr. DARLINGTON also presented a meprothonotary of Potter county, relative morial from the same meeting, praying to the number of civil causes upon the that the death penalty be erased from the docket of the county, which was referred statutes, which was referred to the Comto the Committee on the Judiciary. mittee on the Judiciary. THE DEATH: PENALTY. EXEMPTION FROM MILITARY SERVICE. Mr. KNIGHT presented a memorial from Mr. DARLINGTON also presented a methe Fishing Creek monthly meeting of morial from the same meeting, praying Friends, praying that the provisions re- that the Constitution be so amended that specting the death penalty be erased from all persons who are conscientiously opthe Constitution, which was referred to posed to military duty be exempt froml the Committee on the Judiciary. the same, which was referred to the Colmmittee on Militia. EXEMPTION FPRO)M MILITARY SERVICE. I:NTOXICATI'GO BEVERAGE. Mr. KNIGHT also presented a memorial from the same meeting, praying that the Mr. DARLINGTON also presented a meConstitution be so amended that all per- morial from the same meeting, praying sons who are conscientiously opposed to that a clause be inserted in the Constitunilitary service beexernpt from the same, tion prohibiting the sale of intoxicating ~which xwas referred to the Comnmittee on liquors as a beverage, which was referred to the Committee on Legislation. INTOXICATING BEYVERAGES. Mr. DARLINGTON also presented a nmeMlr. KINIGHT also presented a memorial morial from the citizens of Solesbury, from the same meeting, praying that the praying that a clause be inserted in the Constitution be so amended as to prohi- Constitution prohibiting the sale of inbit the sale of intoxicating liquors as a icating liquors as a beverage, hic beverage, whiche was referred to the Committee on Legisbeverage, which wvas referred to the Corn- l mittee on Legislation. bMr. DEFRANCE presented a memorial WOMIAN SUFFRAGE. from two hundred and eighty citizens of Alr. CAMPBELL presented a petition Mercer county, praying that a clause be from a number of citizens of Pennsylva 612 DEBATES OF THE nia, praying for an amendment to the to make it one o'clock, I will agree to that Constitution granting to woman the right amendment. of suffrage, which was referred to the Mr. LILLY. Mr. President: I rise to Committee on Suffrage, Electicon and Rep- move an amendment to the amendment, resentation. by striking out " twelve o'clock " and inDEBATE ON WOMAN SUFFRAGE. serting "one o'clock." M%{r. W'OODWARD. Mr. President: I Mr. W7OODWARD offered the following Mr. OODARD M. President: Mresolution, which was twice reade wish to say, if I may be permitted to say that much, that it is about time that this Resolved, That the debate in committee body disposed of this loathsome subject of the whole, in reference to woman suf- and went about the business for which frage, terminate at one o'clock P. M., and they were sent here. It is about time. that the question thereon be then taken e have spent this week on this question We have spent this week on this question. without further debate. without further deba.e. PKe-orI have not occupied one moment of the eMr. GUTHfwIE. Mr. Presidentn t ofer time of this Convention in discussing this the following amendmenth: miserable subject, and I do not intend to To strike out all after the word "re- occupy a momentowbut I domaintain occupy a moment now, but I do maintain solved," and insert: "That the final that gentlemen have had as much time vote upon the amendments to the first as we can afford to devote to this subject. section of the report of the Comimittee There are other subjects, of much greater on Suffrage, Election and Representa- importance, pressing upon our attention, tion be taken to-day, and that the hour and to which we should turn our attenof adjournment be postponed, if neces- tion. This Convention, I submit, is fully sary, for that purpose." prepared to vote upon this question; M~r. WWHERRY. Mr. President: I rise toMr. WHERRtY. Mor. President: I rise therefore let us dispose of it and take up to a point omf order. Rule 25 says, t "ae the more important and moreappropriate delegate may speak oftener than twice on duties that are waiting on your table. a subject." I ask how a delegate can That is the reason why I offered this resospeak often than twice on this subject if lution, and I do not care whether it is the Convention limits the time in which twelve o'clock or one o'clock, but I want speeches may be made? 1an early hour, to get rid of this debate Mr. DARLINGTON. Mr. President: That that seems to promise to be interminadoes not apply to committee of the whole. ble, if some resolution of this kind be not Mr. WHERRY. Mr. President: Cer- adopted. tainly it applies to the committee of the The PRESIDENT. The Chair regrets to whole. state to the gentleman from Carbon (Mr. Mr.WOODWYARID. Mr. President: There Lilly) that his proposed amendment is is nothing more common than for com- not an amendment to anything that is in nittees of the whole to limit the time in the amendment. which discussions may be held. Mr. LILLY. Mr. President: I withdraw The PRESIDENT. The Chair rules the it. point of order against the gentleman from Mr. DARLINGTON. Mr. President: I Cumberland (Mr. Wherry.) have no objection to an early vote, but I Mr. WOODWARD. If the resolution do not want to hear this debate characterwhich I offered be in order, which it un- ized as loathsome. I think it is delightdoubtedly is,- ful. The PRESIDENT. The amendment is Mr. WOODWARD. Mr. President: I before the House. agree to a modification of my resolution, Mr.WOODWARD. Mr. President: That by striking out " twelve o'clock " and inis not right, and I shall vote against the serting "one o'clock." amendment. I am in favor of having a The PRESIDENT. The resolution is so vote on this question at twelve o'clock, or modified, and the question is on the to fix a time when we will get rid of this amendment of the gentleman from Allesubject and stop this bickering, with gheny (Mr. Guthrie.) which we have been inflicted for several On agreeing to this amendment a dividays. If the gentleman from Allegheny sion was called, which resulted forty(Mr. Guthrie) will modify his resolution three in the affirmative and fifty-four in CONSTITUTIONAL CONVENTION. 613 the negative. So the amendment was not tional provision, that the Legislature shall agreed to. pass no enactment, the operation, or force Mr. SIMPsoN. Mr. President: I desire or effect of which shall be limited or conto move to amend, by striking out the ditioned upon its approval by a majority hour named and inserting the words, "in at a general or special election; and that two hours after we resume business in no law shall be enacted which shall be committee." dependent upon a majority vote for its The amendment was rejected. enforcement. Mr. WHmERRY. Mr. President: I move PRINTING MEMORIALS. to amend, by striking out " one o'clockM" and inserting " two o'cloclk."' - Mr. BRODrEAD offered the following reThe amendment waas rejected. solution, which was twice read and agreed to: Mr. CAMPBELL. Mr. President: Ihope Resolved, That hereafter no petition or the Convention will not pass this resolumemorial be printed, except by special tion. I protest, for one, at this attempt to order of the Convention. order of the Convention. gag debate. There are members on this dloor who believe that this subject is a ADJOURNMENT UNTIL MONDAY. proper one to discuss, and they should be heard. One of the members of the mi- r H offer the following resolution: noritv committee has not been heard. He ority comtteehasnt beenear. e Resolved, That to enable the members expects probably to be heard to-day, and of the Convention to aept the polite inof the Convention to accept the polite inunless we give him an opportunity, and vitation of the trustees of the University give other gentlemen who wish to be of Pennsylvania, for Saturday at two P. heard here a like opportunity, it is gag- M. M., this Convention, when it adjourns toging the debate, and I protest, as a citizen of the' Cmowlhday, will adjourn to meet on Monday next, of the Commonwealth, as a democrat, as at twelve o'clock noon. a member of the minority upon this subject, against the attempt upon the part of r. D NON Mr President: any mnaljority to gag debate. understand that this invitation is for two Mr. KNIGHT. Mr. President: I call o'clock to-morrow afternoon. We can go for the reading of the resolution. on with the business of the Convention until one o'clock, and then leave in ample The CLERK': "Resolved, That all debate time for the visit to the University. I in committee of the whole in reference to understand the proceedings do not comwoman suffrage terminate at one o'clock mence until three o'clock anyhow, and if to-day, and that the question thereon be that is the ease we can sit until two, and then taken without further debate." visit the University after we have transWhich was ag reed to. acted the business we are sent here to LIMITED TERMS FOR CORPORATIONS. transact. Mr. D. W. PATTERSON offered the fol- Upon the question of proceeding to a lowing resolution, which was referred to second reading of the resolution, the yeas the Committee on Railroads: and nays were required by Mr. Corbett Resolved, That the Committee on Rail- and Mr. Simpson, and were as follow, viz. roads and Canals are requested to consid- Y E A S. er the expediency of restraining, by orMessrs. Addicks, Alricks, Armstrong, ganic law, the Legislature from creating Baer, Baker, Barman, Bartholomew, Bidany corporation for the construction of, Bidrailroads, canals, &c., except for munici- die, Black, J., Bowman, Boyd, Brod pal purposes, for a longer period than head, Brooall, Cassidy, Clark, Collins, pal purposes, for a longer period than fot;)~rty years ~Corson, Dallas, Davis, Dunning, Elliott, Ellis, Gibson, Guthrie, Hanna, Harvey, LEGISLATIVE MAJORITIES. Hemphill, Heverin, Hunsicker, Lilly, Mr. Ross offered the following resolu- Long, M'Camant, M'Clean, Metzger, Mition, which was referred to the Commit- nor, Niles, Palmer, G.W., Palmer, H.W., tee on Legislation: Parsons, Pughe, Read, John R., Rooke, Resolved, That the Committee on Legis- Ross, Runk, Sharpe, Smith, Henry W., lation be instructed to inquire into the Stanton,Temple, Wetherill, J. M.,Wherry expediency of providing, by a constitu- and Woodward-51. 1614 DEBATES OF THE N AY S. tal of the nation, a newspaper upon a basis Messrs. Achenbach, Baily, (Perry,) of one hundred thousand dollars. They Bailey, (Huntingdon,) Barclay, Bardsley, do not intenU to let this question die outL Beebe, Black, Charles A., Brown, Camp- They intend to be heard before the Ameribell, Carter, Cochran, Corbett,Cronmiller, can people, and the opponents of female Curry, Curtin, Darlington, De France, suffrage will have to meet. its advocates, Edwards, Ewing, Fulton, Gilpin, Hall, not by flippant rernarks, not by gross huHay, H azzard, Hopkins, Horton, Howard, mor, but by arguments better than those Lawrence, Lear, MIAllister, iMlAConnell, whoplead foritcan bring. Itssupporters ~I'Culloch, Nlann, Mantor, SMott, Patter- will enlist upon their side male demason, D. W., Patterson, T. H. 3., Patton, gogues of both political parties, as soon Porter, Purviance, Samuel A., Reynolds, as they begin to show a chance of success, James L., Russell, Simpson, Smith, H. G., and it is a singular fact that this is a quesSmith, W. H., Struthers, Turrell, Walker, tion upon which there is no division of Wetherill, J. Price, White, David N., sentment by political lines. The minority'White, J. W. F. anrid Wright —52. report which has been presented here is So the question was determined in the signed by men of both political parties. negaative. The men who have spoken upon this ABSENT OR NOT VOTING. —Messrs. Ai- question of woman suffrage belong, part rhey, Andrews, Buckalew, Carey, Church, of them to one political party and part to Craig, Cuyler, Dimlnick, Dodd, Fell, Fin- the other. ney, Funck, Gowen, Kaine, Knight, Lam- I have no reflections to make upon the berton, Landis, Littleton, M'Murray, Mao motives which have influenced any genVeagh, Newlin,Purman, Purviance,John tleman during the progress of this disN., Reed, Andrew, Reynolds, S. H., Stew- cussion, but I hazard the broad assertion art, Van Reed, White, Harry, Worrell here, and the truth of history will bear and Meredith, President —O0. me out, that just as soon aswomlan seems WOIIAN SUFFRAGE. likely to be given the ballot you will find The PRESID:ENT Lpro ternz. The lnex~t the rale demagogues of both political business in order is the further considera- parties crowding forward arid aiding il ton of the eport of the Comitee on curing it for her. This they will do, tion of the l'eport of the Committee on S' not because they regard woman or care Suffrage, E lection and Representation. not because they regard woman or ca'Thhe Convention w;ill resolve itself into for the good of the State, but because they will have selfish purposes of their own to committee of the whole. The gentleman from Washington (Mr. Lawrence) will subserve. please take the chair. As to the question itself, it has been The CHlAIRMAN. W hen the cornmmittee pretty freely discussed here, but not so rose the subject under consideration was freely as in the Constitutional Conventhe amendment offered to the first section tion of New York, where two weeks were of the report of the Committee on Suffrage. taken up with it. There have been variThe gentleman fromn Lancaster (Mr. I-H. ous opinions advanced and various reaG(. Smith) has the floor. sons given by the advocates of woman Mr. H. G. SMITH. Mr. Chairman: For suffrage why it should be adopted. Some taking up some time in the remarks which of them have placed their arguments I shall make upon this question I deem upon the ground that suffrage is a natuno apology to this committee necessary. ral right. Their reasoning in that direcThatever certain gentletnen in this Con- hion has not been convincing. They vention mnay think of the proposed alend- have not shown us in what sense or in rment, however lightly and flippantly they what respect suffrage is a natural right. may treat it, they will find that it e:n- They have failed to point to any governbraces a living issue. The parties en- ment in which that idea has prevailed, gaged in this agitation are pushing it with or to quote recognized authorities in supthe same intense energy that character- port of their position. ized the beginning of the agitation upon What is the ballot as it prevails in the slavery question. They are applying representative governments? Why, sir, all the agencies of agitation, and are now it is merely a part and parcel of the govupon the point of establishing, at the Capi- ernmnental machinery. It is an iitstitu CONSTITUTIONAL CONOENTION. 615 tion provided-it is machinery con- yesterday, did the same thing. They, structed-for the purpose of taking the with the strongest advocates on that sense of the people upon certain ques- side, did this, because they felt that tions which are defined and limited by the arguments which have been adlaw. Certain classes of the people are duced in favor of the proposition that commissioned to exercise suffrage for suffrage is a natural right can not be the whole community. It is not given, maintained. Abandoning untenable in any government, to all members of ground, they have placed themselves the community. It is limited in ours by just where every intelligent American the age and the sex of the voter, by resi- citizen must plant himself, if he views dence in the United States, by residence this subject aright, —with position of conin the State, by residence in the district, sidering suffrage to be, not a natural by the payment of tax, and by other right, but a matter of expediency. That arbitrary qualifications. It is not one of is what it is-a question of expediency the rights which men enjoy in nature. for this Convention to consider-for the Those are-a right to life, to liberty, and to American people to consider-for thd peothe possession and use of property. Suf- ple of Pennsylvania to consider at the frage is merely a conventional right-a polls, and at their homes. It is simply a privilege, if you choose to so call it-con- question as to what will be the practical ferred by the government upon cer- effect of giving to the women of the State train parties in order that the busi- the right of suffrage to be exercised by ness of government may be properly them as freely as it is by men; and in conducted. We limit not only the voter considering this question we must rebut the party to be voted for. WVe member that true expediency is, in repplace these limitations in the organic law resentative governments, the highest of the land, limitations both upon the statesmanship. voter and the nperso to be voted for, in M'ALLISTER. Willthe gentleman order to remove them from the muta- allow himself to be interrupted by a questions of political parties, and from ex- tion? citements which may prevail among the Mr. H. G. SMITH. 1 will, sir. populace. We place them in the ConstiMr. ~I'ALLISTER. I ask the gentlelana tution of the State in order that no sudwhether the wife and the children are inden popular commotion may change or cludeclin the " people"-in whom.all sovoverturn them. We say no man shall be ereignty, inheres? a member of the Legislature unless he, Dn~ A~Mr. H. G. SMITH. I will answer the shall have lived in the State a certain question of the gentleman at once, though time and have arrived at a certain age. n I had intended to do so at another point Why? Have not the people of a district in my argument. The husband is the the right to choose whom they will send head of the family. There can be no asto the Legislature? That would seem, to the Legislature? That wouldseemsociation, social, political or other, proat first blush, to be a natural and inheperly conducted without some controlling rent right. Yet, by the organic law, we head. In this Convention we have h set limitations both to the will of the to choose a President; when sitting ill electors and to the character of the mnen committee of the whole, as we are now, whom they shall choose to represent we have a chairman. ~Ve have these offithem. This we do in accordance with cers for the purpose of deciding points of certain general rules, founded in expe-.: order, and disposing of disputes that may dierhcy. arise among us. Without such officers, A number of the gentlemen who have there could be no such thing as a proper argued in favor of woman suffrage upon conduct of the business of this body. WAiththis floor have abandoned the posi- out a head to the family, there could be tion taken by others, that suffrage is a no proper conduct of the business of that natural right. The gentleman from primary organization, the smallest but Chester (Mr. Darlington) did it, who be- the most important in the social fabric. longs to one political party. The chair- The nman votes, not for hirselfalone. He inan of tle Deniocratic city executive casts nis ballot, not for himself merely, committee, (Mr. Temple,) who spoke but for his wife, for his children, for his 616 DEBATES OF THE neighbors, and for the State. And, sir. are confined all the argunients that have the renedy for the evils that exist in our been ad;duced by the advocates of the propolitics is, in my judgment, not to be posed amendment on this floor. HIow sought in an extension of suffrage, but will it work? What will be its pra,.tical ratherin wiselimitations. I fearwe can- operation? These are the questions for not remedy existing evils even by re- this Convention to consider-the quesstrictions, for the reason that I do not be- tions which must determine our action lieve we can frame a rule which will pro- and our final vote upon the subject. perly apply restrictions. If instead of exWVVe have had fancy pictures drawn here tending suffrage we could cut off from of a model republi hich is to come the ballot all who are weak enough to when women vote Our politics are to yield to improper influences, all who are purified. The rough ward politicians of venal, all who are too ignorant to exercise our cities are to be transfored into an our cities are to be transformed into ansuffrage understandingly, all who do not gels of light. Men are no more to adproperly appreciate this great privilege, we Would arrive at the proper result, and if they were highway robbers bent upon if they were highway robbers bent upon elevate and purify our politics. Wre can ~~~-'seizing upon the spoils. This is a very find no adequate remedy for existing evils pretty picture; but, trian, it, cav pretty picture; but, Mr. Chairman, it can in wholesale extension of suffrage. never be realized while human nature MIr. M'ALLISTER. If the gentleman remains what it is. If you give woman will permit another question, I desire to the ballot it will be her duty to go down ask if the right of suffrage be not a na- to the practical operation of the primary tural social right, on what principle would elections, where political corruption has the gentleman found the right of revolu- its beginning. Will women do so? Why, tion? By " right of suffrage" I imean to sir, in this city the very best men of both convey the idea of the right to organize a political parties, the wealthy, the intelligovernment, to establish a government, gent, the refined, shrink away from the to revolutionize a government in certain primaries in disgust; as well they may. events. On what principle, if the right remember, upon one occasion, having M I remember, upon one occasion, having of suffrage be not a natural social right, curiosity enough to go into a section of can he justify the right of revolution at t i Zn this city where a struggle was going on all? If suffrage be a merely conventional for a nomination of State Senator in the right, how can he j ustify the right of revo- republican party, to fill a vacancy caused lution? by death. Passing down the street I Mr. ei. G. SMITH. Does the gentleman came in sight of a singularly shaped hall, mean peaceful revolution? a three cornered building, where it was Mr. M'ALLISTER. No; but where a at once apparent that a severe struggle government becomes oppressive, and a was going on. There wasacrowd of mlen portion of the citizens rise and revolu- on each side of the street along which I tionize that government. On what princi- advanced, and I soon ascertained that pie would he found that action unless this they belonged to opposite political parright to re-establish this government is a ties. I found there a young friend of natural social right? mine, from the rural districts, who was Mr. H. G. SMITH. I say then that revo- a member of the Pennsylvania Legislalution under such circumstances would ture. He was looking on with much not be justifiable; that it would be the seeming curiosity. I asked him why he duty of the State to put such an attempt was tarrying there, and he very naively at revolution down by the strong arm of informed me that he was waiting to see force, taking, as a matter of course, the one of these factions, in the same party, chances of being beaten and having the throw the other out of the third story winrevolution become successful. We all dows of the building in which the nomiknow, sir, that successful revolutions car- nating convention was assembled. In the ry with their success their justification. crowd gathered there I recognized a numNow, AMr. Chairman, arguing from my ber of notorious democratic politicians of standpoint, the practical working of wo- this city, and, to imy surprise, I soon disman suffrage is the only question left for covered that they were advocating the consideration. There in a narrow circle cause of a prominent republican, who CONSTITUTIONAL CONVENTION. 617 had been put forward, to some extent, was beaten in the convention, and, to the against his own wish, as a candidate. The astonishment of the public, the demorepublican newspapers in this city were cratic candidate was elected to the State loud in his praise. He was called pure, Senate. I believe nobody was thrown high-minded and incorruptible; and the from the third-story windows of Jefferpraise thus bestowed was well deserved. son Hall that day. I believe a nominaHe is to-day one of the most distinguished tion was effected without murder. But members of this Convention, having been murders at the primary elections and at elected as a delegate at large from this nominating conventions in this city have city. You may judge of my surprise come to be common occurrences. The when I found that he was being warmly pistol, the bludgeon and the bowie-knife championed by certain democratic ward are the strong arguments resorted to politicians not noted for their purity. I when money and whisky and the fists inquired why this was so. "Oh!" said of interested patriots are not found to be one of these singular champions of honor sufficiently convincing. What man who and integrity, "we can beat him easy. possesses a proper regard for his sister, He is no rounder." The fellow's slang his wife or his daughter would desire to puzzled me, and I was forced to ask what see them participating in such scenes? he mneant. He replied quickly: "Why, What woman of refinement would conyou see, he don't go'round and drink sent to descend into these foul slums of with the boys. He is one of your high- debauched and degraded political life? toned fellows that stand on their dignity." And yet, sir, to this must woman come, Pointing to a heavy-set, low-browed man, if called upon to participate in elections, who was drinking at the bar of a tavern before the evils under which our State we had entered, my informant continued; groans can be cured. Women must take "That fellow controls eighty votes in the part in these primary elections, where republican party of this district, and he rowdies rudely shoulder each other, and can turn them which way he pleases. If from which decent men shrink away, if is nominated he will turn those she would reach the source of our politieighty votes over to us for a consideration. cal corruption. It is in these primary He is the head of a gang, and all he will elections and nominating conventions want to know is what the figure is to be that the wrongs which most afflict this and who is to hold the money till the Commonwealth have their origin. They work is done." Not being disposed to lie deeply embedded in the degradation put on airs, for I was present as a seeker of human nature, and our arms are not after information in regard to the work- long enough to reach down and pluck ing of Philadelphia politics, I accepted the noxious plants up bythe roots. They an introduction to this purchasable pa- can only be eradicated when human natriot, and was kindly permitted to over- ture is made different from what it now hear the following conversation: "So, To- is-when woman by her highest power, ney," said the democratic rough, "they exercised in its proper sphere, in the have got the organization on you"-mean- home circle, shall educate the male chiling that the friends of the high-toned gen- dren committed to her care, so that they tleman had secured the election of the will purify the political life of the State officers of the convention. The admis- and the nation. To give woman the right sion of this fact was made by the repub- of suffrage now would only be to double lican rough with a fierce imprecation. the influence of the dangerous classes. "'That means -'s nomination, don't it?" The rowdies who control primary elecasked the democrat. "I reckon so," re- tions in our cities would take with them, plied the republican, whitening with to the polls, their degraded female comrage through the roseate hue of his rum- panions, not their wives, and no pure dyed face. "You know we must have a woman would voluntarily come in conhigh-toner in this district now. Let them tact with such creatures. nominate the infernal aristocrat, and we'll Mr. BRoOMALL. I would ask the genhqgh-tone hitn." tlernan whether he does not think the Somehow the high-toned gentleman women of the country can be safely 618 DEBATES OF THE trusted with the question of their own furniture of the household, if she cannot respectability and their own good be- make laws for the State and devise remehavior, under all circumstances. dies for existing political evils-there Mr.H.G.SMITH. Iintendtoanswerthat still remains for her a higher destiny, query aft-r while, but I must be brief and a nobler and purer ambition. She and endeavor to conclude. I have been can fashion and mrould the law-niakers drawn, in the heat of discussion, into ex- of the land, and can say, as did the gloritending my remarks to a greater length ous mother of the Gracchi: "These, than I intended. The next question to these are my jewels which I give to the which I desire to allude is this: If wo- state." nIan cannot control and purify these In love and reverence for the sex, I springs of corruption solely by having the yield to no man. I recognize in woman right of suffrage conferred upon her, the great agency commissioned by God what will be the effect of female suffrage to elevate and ennoble the human race. upon the State? Minerva sprang fullte State? Mnerva sprang full- Until she begins to rise to her proper airmed from the brain of Jove, but will armed from the brain of Jove, ut will sphere, man continues to be a mere savwsomanspringfull-armedintothepolitical age dwelling in caves and rude huts, arena, prepared to become the great law- sisting upon the spontaneous producsubsisting upon the spontaneous produCgiver of the State and the nation? Will giver of te State and the nation? Will tions of the soil or the precarious spoils shae, simply by having the ballot con- of the chase, roaming naked through the ferred upon her, be prepared to perceive primeval forests or clad in an uncouth and correct all the evils under which garb of skins, having no law except the the State labors? WVill she be able to do rude rule of the strong over the weak, i-ore than men, properly educated and moe than, properly educate and with degrading superstitions for religion, trained by her, have been able to accom- with lust for love, and with all unholy plish during the past years of our his- pssion alive and actively at work in tory? TWhy, sir, it has been truthfully his heart. With the elevation of woman sFaid that woman, with all her genius, aid tt woan, withall her genius, to her proper sphere, the life of mankind with a power to strike the lyre and send is ennobled and elevated. At her bidding forth poetry that touches every heart, the arts spring into existence. To clothe'with skill to framme the most; interest!ing her fair form aright, the silk-worm is set plots of romance and to fascinate the to spinning its shroud, and the swift world by their details-is entirely lack- shuttle is brought to play along the busy ing ili the inventive faculty. I mean loom. To decorate and adorn her person, that inventive faculty which perceives the diver gropes for pearls in the quiet existing imperfections and app ies remeexisting iperfetins and app ies reme caves of the ocean, and diamonds are dies in a practical manner. The utensils sifted from the sands of rivers that wanwomana uses in the culinary department der through desert lands. To portray are the invention of man, down to the tihe charms of her countenance, to catch very simplest of them. The fashion of and perpetuate the expression of the soul the furniture in her parlor and boudoir, that shiles through her features, the the patterns of the carpets on the floor, painter exhausts his genius upon the rand of the garments in w hicbh she decks canvass, and the sculptor bids the almost herself, are the invention of man. Nay, breathing marble rival the matchless sir, Ilore: From the very feather that synietry of tier foril. To furnish her flutters on a fitting home, the architect plies all his " The towering top of a miss' bonnet,' skill, and, in the homes thus created and down to the last furbelow of the trail thus adorned, sits enthroned the family, which has caused so much caust c coin- which is, spite of all that may be said to ment in this Convention-all these things the contrary, the true unit in every repare said by books of fashion to be the in- resentative government. England, Gervenrtion of WVoerth, the man-milliner and mnany, this country, all what they mantua-mlaker of Paris. - are to-day, not oni account of superior I rejoice, however, that woman is not civilization, but because in them the a universal Yankee genius. If she can- homes of the people, hormes humble or not in-vent inowing machines and cook- grand, are made the luminous centres of ing utensils, if she fails to fashion the all that is purest and most elevating in CONSTITUTIONAL CONVENTION. 619 life, through the quiet and unobtrusive the one thing alone from which we can influence of woman. France, unhappy look for a regeneration of our politics, France, the victim of constantly recur- may become purer and better every day. ring revolutions, feels more the need of In my judgment this cannot be done by true homes than of anything else that according woman the ballot. I would can be named. not drag her down from her high and pure estate. The universal respect shown to woman in this country is the result, not of any WVToman as sister, wife and mother, as chivalrous gallantry-it is the legitimate counsellor and elevator, as a sacred presetfectof early home-training in the family ence in the family, that true unit in reprecircle. The rude crowds which have sentative government of which the father been represented by the gentleman from is the lawful and proper head, exercises Delaware (Mir. Broomal) as giving way an influence which she can never wield at the approach of a woman, do so, not in the rude and too often corrupt arena of because the passer-by is a woman, but politics. Men, as fathers and heads of because their is an instinctive reverence families, are forced to assume certain duin every American heart for the shape ties of citizenship, which are often disthat bears with it the image or the title of tasteful to the more sensitive and remnother. This sentiment is universal with fined arong them, that society may be lus, and we all recognize its sacredness. preserved and good governments endure. Some men are so unfortunate as not to And, while the men of Pennsylvania are know their fathers, but every man has willing to fight the fierce political battles at some time felt the all-embracing and of the present and the future, the women encompassing love of a mother. The of the State are still ready and willing to sacred memories which cluster around trust the guardianship of all their civil the presence of a pure mother, as she rights to their fathers, husband-s and moves in the home. circle, can never be brothers. While woman maintains her forgotten. majestic state as the mistress of man's'; Our mother's voice; how oft doth creep holiest affections, as the Ininistrant to his Its cadence o'er our lonely hours, highest and purest aspirations, she mrust Like healing sent on wings of sleep,' conlmand universal respect and unconOr dew to the unconscious flowers. strained admiration. When she consents've can't forget her melting prayer, to draggle her robes in the filth and mire E'en when our pulses madly fly; Ancd in then still, unbsrokoendg of politics, and descends froll her high And in the still, unbroken air estate in the domestic circle to honeyfugle Her gentle tones come stealing by, And ye~ars, and sin, and manhood flee, with pot-house politicians, in order that And leave us at our mother's knee." she rlay say who shall be elected to ward Is it rnot so with every man? When and township offices, she will have sacrificed her highest and best attributes to an Shakespeare sought to stamp upon Richard n iZmiaginary good. Then will the homes of the seal of iniquity that would be recog-ill thhoesof this fair land cease to be the abodes of nized at once by all men and remembered forever, he made hi neer at that purity which is the result of their sabered forever. he made him sneer at cred privacy. God grant that the pure meoa mother's blessing. It is the influtene of theothers of this lanrs andi the fair daughters of this grand encae of the mothers of this land that old Conmmonwealth inav be long preservgives to woman that respect which ed frotm the sore trials which an exercise she receives anrid that courtesy which is universallv shown her in this country. wof suffrage would inevitably entail upon universally shown her in this country. te I them. In voting against the pending It is the homne influence that makes ours amendiment, alla every proposition of a ai successful representative government. e like character, I shall be actuated by a (the homes of Germany make Germany Thet homes of- Germany make Germany true love and reverence for wonman, and what it is. The homes of England, "the by an honest desire to protect her firown )roud ancestral honres," the humlble cot- a h evils, which, in mny humrible judgment, tages of the peasantry, and the cornforta- ~~n. > I. ~~~the earnest advocates of fenmale suffrage ble dwellings of the middle classes make do not fully appreciate. that country what it is. The homes of our people make our people what they One word more and I arm done. The are. God grant that this home influence, argument principally relied upon by the 620 DEBATES OF THE advocates of woman suffrage upon this trage should be granted to them when the floor is, so far as I have heard it, not that majority of them went to the polls and woman is needed to frame and modify demanded it. If the advocates of woman and improve the general laws of the suffrage tell me that that would be unfair Commonwealth, but that there are cer- and unjust, because many women would tain great moral questions upon which be restrained by men from voting, I tell she ought to vote. Now, Mr. Chairman, them that they have in that fact one of the these moral questions are the very ques- strongest arguments why suffrage should tions which come within the sphere of not be accorded to the sex. If woman that moral influence which ought to pre- suffrage come with the curse that I bevail in the homes over which woman pre- lieve it will entail upon this Commonsides. We have had much talk here wealth, it will not come from the action about the closing of dram shops when of women at all, but from the selfishness women vote. Well, woman has been ex- of male demagogues in both political erting her influence in that direction parties, who scent spoils in a further inthrough legitimate agencies, and what crease of the conventional right of sufresult have you seen? You have had the frage. passage of the local option law, and the Mr. HEvERIN. Mr. Chairman: I have very first county to adopt it was the counno desire to approach the discussion of ty of Clearfield, with its 1,500 democratic this subject with derision, or consider it this subject with derision, or consider it majority. Knowing that fact I think the as one to be disposed of by ridicule or women of Pennsylvania can safely trust But while I have unbecoming jokes. But while I have he question of license to the men of the very little faith in the salutary influences State. Enough has been done in that diand pictured blessings which are predictrection to ensure that the action taken ed as the consequences of the inaugulawill be sustained if it be fbund to operate *arig ~~~ht. ~tion of female participation in our govarght. not one of those, sir who wouldernment, I still have,for ulterior purppses, I am not one of those, sir, who would an inclination to indulge those claims and cast the slightest slur upon these women appeals which seem to find source more who are here and elsewhere advocating in a restless ambition than an honest conthe proposed amendment. I know that, viction. I am well satisfied that neither whatever may be said of some, those who politics nor the nation will be benefited have come here are women of purity and by the conferment of the right of suffrage entitled to all respect. The other day I upon woman. Yet I can imagine a remstood behind the eloquent gentleman edy for this agitating spirit in that sex from Philadelphia, (Mr. Gowen,) and whose constitutional characteristic is to turning my eyes to one of the seats in value coveted prerogatives in proportion front of him I saw a fair face, and shining to the persistence with which they are through it a soul that noted accurately disputed. The disposition of women to every word that fell from his lips. At his long and strive for that which is denied poetical allusions the eye gleamed, while them has come down to us from the dayat his caustic remarks there seemed to be break of the world. It has descended no anger; but there was a shadow of sad- with undiminished significance through ness upon thefeatures. And,asI looked every generation, and it has found conat that face, I thought: "Fair lady, if spicuous exponents since the first paryou could have accorded to you your de- taker of forbidden fruit taught its insatisire, how would that shadow on your brow able yearnings in the gratification of an deepen and darken! How would the unwise appetite. hopes that now swell within your bosom Now, while acknowledging the exist. fade, until you should realize at last that what' y.ouxcdorebsi ence of this proclivity, I am not yet cerwhat you expected to prove a blessing tain as to the best mode of correcting its was as much a curse as the boon granted I do not beill-timed demonstrations. I do not beby the gods to Mildas! lieve that the disposition which one hunI would be perfectly willing to submit dred and thirty-three men in this body the question to a vote of all the women may make of this question will as effecof this Commonwealth, providing that tually settle it as a popular condemnation they should be enumerated, and that suf- of the subject through the potency of the CONSTITUTIONAL CONVENTION. 621 ballot box, and therefore if I should favor world, he then foretold what we now see this amendment at all, it would only be here, that " seven women shall take hold for the purpose of securing a safe burial of one man, saying we will eat our own to a troublesome corpse without the cere- bread and wear our own apparel, only let monies of a pompous funeral. us be called by thy name." Fromn the I presume, Mr. Chairman, it is but pro- same pages, recorded in the instructions per and right that I should say here, after to him who was about to go into Macedothe mnanner of those who have preceded nia, we find a useful lesson to these aposme, that I stand second to none in admi- ties of mistaken reform, for it is there ration and love for those anterior to whose Said, "let the woman learn in silence with creation, we are told " the earth was sad all subjection," and "suffer not a woand the garden was a wild." I will not man to teach nor to usurp authority over yield in adoration of their graces and vir- the many, but to be in silence." And tues, even to the gallant member from again, Peter the apostle said to those scatMontgomery, (Mr. Boyd,) who wears a tered about Pontus, Gallatia, Asia and shining crown as a certificate of perenni- Bythinia, "likewise ye wives be in subal devotion to female charrnsandgraces, jection to your husbands." Forafter this and who,with becoming eloquence,pleads manner the woman in the old times, who the presence of a multitude as the only were holy and trusted in God, were in proper inspiration under which to ap- subjection to their husbands. " Even as proach the consideration of this subject. Sarah obeyed Abraham and calling him To that of a gentleman grown bald in the lord service, I contribute my testi mony in sup- Now, Mr. Chairman, I hold up these port of the claims of their personal attrac- unchangeable truths, established by the tions. It is because I thus adore woman moral and physical sciences, and sancas she is, it is because I adore her as she tioned by the voice of Divinity-by the has been, that I desire to raise my voice side of all the quoted axioms of revered in opposition to any fanatical effort which statesmen, or the paraded proverbs of seeks to destroy the relationship which fanatics. They were born, and have been raises her above "'the lords of creation,' recognized since the time, when Adam and makes her " little lower than the an- suffered the loss of a rib in that sleep gels." which fell upon him when it was "intot Now with many thanks to my aged good for man to be alone," or for woman brother from Bradford, (Mr. Horton,) who to be anything else than a help-meet. sits in front of mle, and who alone is re- I find and read the duties, the sphere and the rights of women, in the discrimisponsible for any remarks which I may the rights of women, in the disimi imake here, I say with many thanks to nating handi-work of God; I find their him who held aloft this book, (the Bible, ) superlative attractions in the superior enwhose legal precepts have never been dowments of nature, and I find the peroverruled, and whose fundamental prin- petuation and the preservation of all that ciples have not been reversed by any ap- is adorable in them, in their freedom and pellate court. I am reminded that in absence fron the degrading conflicts and this book, I find reasons for the faith I contaminatinginfluenceswhich surround have, stronger than any that history and attach to masculine existence. teaches or expediency suggests. I find Mr. Chairman, it seems to me that all it in the creative wisdom of Him who dis- the arguments advanced in its favor have tributed the attributes of His image with been answered by the venerable gentlesignificant distinction. In the divine pro- man from Erie (Mr. Walker) and the elonunciamento " male and female created quent member from Schuylkill, (Mr. BarHe them." I find the reasons for my po- tholomew,) who said that this was not a sition and the greatest advocate of wo- natural right. I purpose to go even furman's deserved rights, in that I find indi- ther than these members, and I say that cated the distinctive spheres of the sexes. it is not only not a natural right, but itis We are told that when the prophet of old an unatural pretention, the exercise of complained of the wickedness of Judea, which involves the abolition of all the and foretold the coming of Him who hung distinctive characteristics implanted by the rainbow of redemption over a fallen Deity. 622 DEBATES OF THE If this right is contemporaneous with govern their natures. The right to eat our birth, and attaches naturally to our was a natural proclivity, but He dictated existence, whence cometh the power that to them the proper food. They had a withholds it for one score years and one? natural inclination to walk., but this was If it emanates from the special attributes subordinated to restrictive degrees, when of humanity, and is inseparable from it, all but one: were forbidden to enter the why should age be the arbiter of its holy of holies. agency and determine the seasons of its agency and determine the seasons of its Therefore this is not such a privilege as being? Let those who declaim about God- he.. Ltby divine endorsement has been declared given rights, reconcile their propositions, 1-5t~~~~~''to be the cormmnon property of humanity at least, to precepts of reason and the conand the universal heritage of every mansistencies of nature. If this is to be ex- and ve and in vain, against all contraveningr philtended, then tell us why it should not be osophy, has religion been invoked to marextended in the future beyond all possi- shall public sentiment against legislative bility of proscription, for all the reasons confer this upon we- regulations, which ignores the supremacy of any such doctrine. Therefore, by what men compel us to give it to minors. I am show of reason, by what plea of exoediconscious of no organ of my nature parnt~~~ ~ency, by what exhibition of propriety are ticularly constituted for voting or elec- influenced to contribute our votes n' we to be influenced to contribute our votes tioneering. The right to air, to food, to in behalf of this amendment? Certainv in behalfof this amendment? Certainly sight, are natural rights, but they trace not because the mjority of the women of their titles to the original instincts, the or- Even the half Pennsylvania demand it. Even the half gans of our nature, and acknowledge no liiato bscore of women who present theinselves here from day to day, as all say, out of If suffrage be an inalienable right, let this great city of eight hundred thousand us know why it belongs to age and in inhabitants, who are interesting themwhat particular portion of our nature it selves in this matter, will not arrogate inheres; and unless it be demonstrated to themselves the office of representative that it proceeds from a particular condi- of the whole of the female sex. Will tion, identical only with the age of ma- they ask it because they are competent to turity, then I want to know why all exercise it, and upon this alone? I will women are not born men, or why men undertake to say that I will find one hunare born so young. dred minors for every one woman who Even admitting that suffrage is a natu- has advocated this movement, by public ral right, yet there are no reasons why it declamation or by her presence upon this should be exempt from the regulation floor, Who are equally competent to enjoy dictated by experience and propriety. the same rights. I do not believe that The right to labor and the right to eat even the most zealous advocates of this are natural rights, but God says of what cause are prepared to encounter the unwe shall eat and when we shall labor. pleasant exigencies which the adoption of Matrimony is a natural right. Even my this amendment would necessitate. I do worthy friend from Montgomery (Mr. niot believe that the aged gentleman from Boyd) would not have a right to assume Delaware (NMr. Broornall) would be willsuchrelationshiptomorethanonewoman, ing to superintend the culinary departor even to represent their political senti- ment, while the wife was upon the ments at the polls, or even to take one to hustings, making herself the target of wife witho:;t her consent, and the agency jeers and sneers frorn a motley assermof a third party. So I say, even if it be a blage. I do not believe that the youthful natural right it is subject to the same re- gentleman from Philadelphia (Mfr. Campstrictions which were inaugurated when bell) would be willing to drop paregoric God called Adam and Eve "to dress and to the teething baby, while the wife was keep" the garden by the Euphrates, and carrying a flaming transparency in a riotcircumscribed their rights by authorita- ous procession. I do not believe that the tive revelation. So when God, the ruler gentleman from Chester (Mr. Darlington) of the universe, formed the Common- or the aged gentleman who quotes the old wealth of Israe, He announced no natural law book (Mr. IHorton) would be willing rights. He told them how they should tosing lullabies to a petulent infant, while CONSTITUTIONAL CONVENTION. 628, the wife was sitting at the polls of some name, be associated with the gentle misward precinct trying to coax stubborn tress of the home circle, the presiding anfigures to exhibit the triumphant election gel, who sitteth by the fireside of love. of some defeated candidate. teaching lisping infancy to syllable prayers to God, and ever nourished that fount I adinit all that has been said upon this of life which "1 overfloweth most when floor in praise of the heroines of the past and of women in general, and I could greatest numbers drink;" and thatthis have no greater admiration of them had maybe I comen(l to those who advocate this cause', the beautiful and appropriate I looked upon all types of beauty from the Andalusians, immortalized by Muril- words of one of the most talented of their lo, to the famous Circassians of Kabardo. sex I will detract nothing from the reputa- "Sisters, women, while piling the blaztion of her who framed the code of lawts ing beacons that signal your resistance to which Peter the great was without, and thraldorn, old as the earth and time, take which Peter the great was withe Iperi heed lest you trample out the fires round which are now preserved in the Imperial academy of St. Petersburg as a testimony your own hearthstones. Have lercy to the wisdomn of their author and the es- upon the humble fowers springing close teem in which she is held; nor of her to your doors." who was the fellow student of Voltaire, AMr. HOPKINs. Mr. Chairman: It is and who, in the language of another, now fifteen minutes of the hour fixed for "traveled with him throngh the sublime taking the final vote upon the pending mazes of philosophy, unwound the eter- question. There are several gentiemen nal denses of the sky, and wrote her name here who feel aggrieved upon accoiint of among the stars beside those of Newton their arguments, as they conceive, having and Leibnitz," but I do say that they been misrepresented, and therefore, sir, would have been no better had they been I shall yield the floor to those gentlemen, clothed with all-the rights which are now and if it is the pleasure of the Convenclaimed for women. Leander would not tion to vote at one o'clock I will be ready. have s-wam the Hellspont with more skill I therefore yield the floor. or zeal if the object of his efforts had been Mlr. M'ALLISTER. Mr. Chairman: I clothed all over with political powers and desire to make a few remarks, as chairpolitic-l favors; and even Eve's appetite man of the committee that presented this would not have been more controllable report; I believe it is not a matter of right had she been registered as a voter in the but a matter of courtesy. garden of Paradise, and I say to these fair The CHAIRMAN. The Chair will sugones who now come here, and by their gest to the gentleman from Centre (Mr. presence and their efforts seek to secure Ml'Allister) that upon second reading the the endorsement of this measure, I say, question will be open for discussion. The even to them, that it is a privilege to gentleman from Franklin (Mr. Sharpe) which "distance lends enchantment;" rose to secure the floor, and the Chair felt and if they should ever enjoy it at the anxious to grant it to him; and there are expense of our deprivation, then we can several other gentlemen who wish to all sincerely exclaim, as the king of Syria speak. Of course there are but a few said to Benlhadad, king of Israel, "let rminutes left. If the gentleman from Cennot hiim who putteth on the harness boast tre (Mr. Al> llister) vields the floor, the as himl who putteth it off;' For these Chair will give it to the gentleman fronm reasons, Mr. Chairman, because I desire Franklin (Mr. Sharpe) for a moment. that woman should remain as she is and has been, that I oppose any- efforts which the gentleman proceeds I desire to malke seeks to equalize her with man, whose a motion, whil-h will perhaps be for the heart never beat with the same feelings, never throbbed with the same affections and wartmed with the same love. When I move that the hour be extended to I shake hands with every earthly pleas- two oclock. ure and enjoyment may my last recollec- The CHAIRMAN. If the gentleman will tions of woniaDn, and all the pleasant reflect he will see that such a motion canmemories which cluster around that not be made in committee of the whole. 624 DEBATES OF TIHE He can move that the committee rise for whether the committee shall have leave the purpose of making that motion. to sit again. Mir. HOPKINS. I make that motion. The question being, shall the committee The motion was agreed to. of the whole have leave to sit again, it IN CONVENTION. was agreed to. Mr. LAWRENCE. Mr. President: The The PRESIDENT pro tem. When shall committee of the whole has had under the committee have leave to sit again? consideration the report of the Committee Mr. WOODWARD. Mr. President: I on Suffrage, Election and Representa- raised a point of order. I tried to state it tion, and has instructed me, for a special clearly, but the Chair has not decided that purpose, to report progress and ask leave point of order yet. I maintain that the to sit again. Chair is bound to decide it. The point The PRESIDENTpro tern. The chairman was that the Convention having resolved of the committee of the whole reports that that debate on this subject should cease at the committee has had under considera- one o'clock, the question can only be retion the report of the Committee on Suf- opened by a motion to re-consider that frage, Election and Representation, and vote. has instructed him to report progress for The PRESIDENTprO ten. The Chair will a special purpose, and ask leave to Sit state that tle question now before the again. The question is, shall the com- Convention is: When shall the cornlmitmittee have leave to sit again? tee have leave to sit again? -Mr. LAWRENCE. Mr. President: To Mr. J. R. READ. On Monday. prevent any misapprehension, I will say The PRESIDENT pro tem. Monday is thatthe gentleman from Washington (Mr. named. If no other time is namedHopkins) proposes to make a motion [Severaldelegates. "Now." "Now.' which is in accord with the object for "Immediately."] which the committee rose. Mr. LAWRENCE. I move that the cornMr. HoPKrNs. Mr. President: I was mittee have leave to sit when this qlesabout to make a motion that the hour for tion is decided. taking the vote upon this question be ex- The PRESIDENT pro tern. The question tended to two o'clock. willfirst be upon the farthest timne naimied. Mr. WOODWARD. Mr. President: I The question being upon fixing upon rise to a point of order. I submit that the Monday as the time when the committee motion of the gentleman from Washing- should have leave to sit again, it was not ton (Mr. Hopkins) is not in order. The agreed to. Convention, this morning, by a decided The PRESIDENTpro tem. The question vote, adopted a resolution that debate on now is upon giving the committee leave this subject should cease at one o'clock to sit immediately. to-day. Now the only way to get at the Mr. AINEY. When this question is iequestion is to move to reconsider that termined —-- vote. It is not in order for any gentleman The PRESIDENT pro tem. WVhen shall to move to extend the hour to two o'clock, the committee have leave to sit to-day? since the vote upon the resolution of this [Several delegates. "One o'clock."] morning has not been re-considered. I ThePREsIDENTprotem. Noothertinlle therefore submit that the motion of the being named, the committee will sit togentleman from Washington (Mr. tHop- day at one o'clock. kins) is out of order. Mr. HOPKINS. I move that the hour Mr. DARLINGTON. Allow me to sug- be extended to two o'clock. gest that we will get at it more quickly The PRESIDENTPrO tem. Now the point by a motion to rescind the order made of order of the gentleman from Philadelthis morning, and extend the time. I phia (Mr. Woodward) comes in. The Chair will sustain that point of order, holdThe PRESIDENT pro tem. The Chair is ing it to be well taken; and decides that of opinion that before the Convention the question can be brought before the can take into consideration the question body only by re-considering the resoluat all the Convention must determine tion which was passed this morning. CONSTITUTIONAL CONVENTION. 625 Mr. LAWRENCE. I move to re-consider ABSENT OR NOT VOTINO.-M5eSS'S. Althe vote, ricks, Andrews, Carey, Carter, Church, Mr. DAkRLINOTON. I second it. Craig, Curtin, Cuyler, Dimmick, Dodd, Mr. WOODWARD. On that minotion I call Funck, Kaine, Lamnberton, Landis, M'for the yeas —- Murray, MacVeagh, Newlin, Purmnan, The PRESIDENT p e. Te Chir Purviance. John N., Reed, Andrew, ReyThe PRESIDENT pro tern. Tl'e Chair having sust;o;ine-d the mIotion of the gen- nolds, S. iH., Stewart, Van Reed, White, e Harry, Worrell and Meredith, Presitie,,nan from Philadelphia, (Mir. Wo,,oddent-26. ward,) a motion is now made to re-conPrior to the announcement of the vote. sider the vote by which the resolution of Prior to the announcement of the vote. Mr. XooDvARD. I call the attention this morning was adopted. of the Chair to the fact that the hour of Mr. CORBETT. Mr. President: The one o'clock has arrived. gentleman from Chester (Mr. Darlington) The P'RESIDEN1' p'rO tem. The Chair: votedi in the negativ e. He cannot thereVitee iond the rne tiv ie, rcannot there considers itself under obligation to re-... fore second the motion to re-consider. ceive. the vote which has j ust been taken, Silr. JNuO. PRICE W'ETg ERELL. I second and after the vote has been declared the it, Mr. President. I voted with the mna- Chair will announce that the hour has arChiair will anniounce that I he hour tins arjority. rived ibr the Convention to go into coinThe question being upon the motion to mitte of the whole The ote stnds: 13 ~~~~mirtee of the whole. The vote stands: re-consider, the yeas and nays were re- Yeas si-to; nas forty-fie. So the Yeas sixty-two; nays forty-five. So the quired by Mr. Corbett and -iMr. Wood- otion is areed to. motion is a-reed to. ward, and were as follow, viz' Mr. HoPKiNS. I rise for the purpose of Y E A S. asking the Chair a question. As I understand the vote which has just been taken, M~essrs. Addirks, Ainiey, B d~er, BarMessrs. ddicks, inev, B ter, Bar- it was upon a motion to re-consider the tholemew, Beebe, Biddle. Black, J. S., vote by which a resolution was adopted, Bredhead, Brcootlall, Brown, Buckalew, this miorning, declaring tlhat all debate Camlpbell, Cassidy. Clark, Cchran, Cor. son, Curry, alas. irligton. DeFrance, upon the question of woman suffrage sonl, Culrry, Dazllars. I);lringTton, De~~rance, should terminate at one o'clock. The Dunning, Elliott, Ellis, Ewing, Fell, Ful- Convention has gred to re-consider tht (Conventioz~ has agreed to re-consider that toen Gibson, Gowen, Hfall, Iyeverin, Hopvote, and now I ask in what position is ki lIS, Torton, Howard, K rnight. Lawrence, that resolution now placed before this TLear, M'Allister, 51''Calnailt, M':Cleanl, Lear, Allister, MCanant, MClean, Convention? Isthe question an open one lanln, Mlaitot, M~tzger, Miott, TNiles, Pal. Mann, Mnr metger oNies for amendment or not? If it is n(,t an mer, G. NV., Palmer, Ht. WV., Patton, open question, and the Convention goes Pughe, Purviance, Sanm'l A., Reed, John into committee of the whole at this tinge, I., Rooke, Sharpe, SlJith, H-I. G., Struthwe shall be just precisely in the same poers, Temple, Turrell, Walker, Wetherill, sition as when the conmmittee rose. Now IT 5[, Wherry, White, David N., WVhite, I desire to know of the Chair whether itis., T'W. F. and WTIrigtlt —62. J.. F. and Wright-62. competent for the Convention to extend NI A Y 8. the hour at which this debate shall ter-. Messrs. Achenbaeh, A rmnstrong, Baer, rainate. RBally, (Perry,) Bailey, (Huntingdon,) Mr. WooDwARD. Notafteroneo'clock IBanan, Barclay, Bardsley. Black, has arrived. You cannot extend the deCharles A., Bowtan, Boyd, Collins, bate on this question after one o'clock has C(orbett, Cronmiller, Davis, Edwards, arrived. Finney, Gilpin, Guthrie, Hanna, Har- M2r. LMANN. I rise to a point of order. vev, Ha', Hazzard, Hemnphill, Hun- The Convention having re-considered the sicker, Lilly, Littleton, Lrng, M'Connell, vote taken on the resolution to terminate 5i'Culloch, Minor, Parsons, Patterson, D. the debate on this question at one o'clock, W., Patterson, T. H. B., Porter, Reynolds, the resolution is now an open question. James L., Ross, Runk, Russell, Simpson, The PRESIDENT pro tern. The Chair deSmith, Henry Xv., Sinitih, WV. H., Stan- cid.es,although the decision may be wrong, ton, Wetherill, Jno. Price and Wood- that the Convention having decided to go ward —45. ~wa~~~rrd —~45~ ~into comnmittee of the whole,that the Chair So the motion was agreed to. is bound by that order, and that the vote 40 626 DEBATES OF THE which has just been taken was made to Mr. BROOMIALL. Mr. Chairman: I dere-consider a motion made in the forepart sire to know whether we are, in commitof the day. That vote does not annul or tee of the whole, without a limit to debate undo what the Convention has voted in upon this question of woman suffrage, in respect to going into committee of the consequence of the vote, limiting the dewhole. Mr. Lawrence will please take bate having been re-considered, or wheththe chair. er we are still limited to the time fixed M r. LAWRENCE. I am of the opinion by the resolution that was adopted this that the re-consideration of the resolution morning in the Convention? leaves the question an open one, and Mr. WOODWARD. MRr. Chairman: I some difficulty may arise in the commit- rise to a point of order. I do not suppose tee of the whole, whether the time of the that the gentleman from Delaware (Mr. debate is restricted or not. Broomall) has an indefeasible right to the The PRESIDENT pro tem. The Chair floor of the Convention, and I suppose will endeavor to avoid any further diffi- that I have a right to raise a point of orculty by calling the gentleman to the der. Chair. The CHAIRMAN. Certainly. IN COLMMITTBEE OF THEE WHOLE. Mir. WrOODWARD. The point of order I wish to place before the Chair is this: The Convention then went into corm- The Convention decided this morning rnittee of the whole, Mr. Lawrence in the that the vote in committee of the whole chair. upon this loathsome question should be The CHAIRMAN. The question is upon taken at one o'clock. I submit to the the first section of the article reported by committee that this is the rule by which the Committee on Suff-rage and Election. the Committee on Sffrae and Election the Chair is now to be governed in comThe amendment of the gentleman from mittee of the whole, for that resolution Delaware (Mr. Broomnall) is before the hasnever been rescinded. The Convencommittee. tion did agree to re-consider the resolnaMr. BROO3IALL. I desire to know exMr. BROOALL. I desire to know tion, but a vote was not taken to recolactly the position of things. I ask the sider it, and it is therefore the law for question of the Chair. The resolution, the committee of the whole and its chairlirniting the debate to one o'clock, having man. been re-considered, the question I ask is, The CHAIRMAN. The Chair is as anxwhether we are now in committee of the ious as any gentleman on this floor to perwhole without a limit to debate, or wheth- mit this question to go on, because there or we are in committee of the whole with are several gentlemen who are desirous a limit to debate? aof addressing the Convention upon this Mr. WOODWARD. I rise to a point of subject who have failed to obtain the floor aorder; and it is, that the speech of the for the past two days. One of these genlgentiemanfrom Delaware (Mr. Broomall) tlemen signed the minority report, and is not in order. the Chair feels desirous that the discuslr. B13R00MALL. I anm asking a ques- sion should proceed; but as the point of tion of the Chair. order has been raised by the genitleman The CHAIR3MAN. The gentleman has a from Philadelphia (Mr. WBoodward) the perfect right to do that, but he will recol- Chair is bound — lect that it is not the province of the AIr. HOPKINS. Before the Chair dechairman of the committee of the whole cides, X desire to say that the point of to decide points of order, unless they have order raised by the gentleman from Philreference to proceedings while in com- adelphia, (Mr. Woodward,) with all due mittee of the whole. respect to him, is not well taken, and for Mr. BROOMALL. That is precisely the this reason — question I designed asking the Chair. I The CHAIRYNIAN. Will the Convention believe the Chair decides I am in order give the gentleman froin Washington and shall not be interrupted. (Ali. Hopkins) permission to proceed?'The CHAIRMAN. The gentleuman from [Cries of "aye," "aye."] Philadelphia (Mr. Woodward) will not The CHAIRMAN. Will the gentleman interrupt the gentleman. state his opinion in respect to the position CONSTITUTIONAL CONVENTION. 627 of this question. The Chair is desirous Mr. BROOMIALTI. Mr. Chairman: - to hear the opinions of the inmenbers of M\r. BUCKALEw. I desire to make a the Convention. correction in - Mr. HOPKINS. M'r. Chairran: It The CHAIRMAN. \Vill the gentlemlan seems that some of the Inembers of the fromn Delaware (Mr. Broomall) yield the Convention are in doubt as to this ques- floor? tion-I certainly do not (iesire that the Mr. BROOIMALL. Yes; but I desire to Convention or the committee should fall retain my right to follow the gentleman. intoan error. The gentlemlan from Phila- AMr. BUCKALEW. M\r. Chairman: Our delr iia (AMr. Woodward) has raised this accomplished and intelligent President poil t of order: The Convention having pro tern of the Convention, decided that decided this morning that a vote on the the motion to re-'onsier did not rescind woman suffrage question should be taken the previous vote of the Convention to at one o'clock, therefore it is not in order terminate the debate upon tifs question to proceed with the debate. I take the in committee of the whole at one o'clock. converse of that position for the simple He made a new decision upon a very rereason-and one which is entirely satis- markable point, to wit: That when a factory in Iy own opinlion —that the vote legislative body has solemnly re-conto which the gentlemran refers has been sidered a former resolution that that resore-considered by a soleinn vote of thiis lution shall still stand as law. I never Convention, and the resolultiol, therefore, heard such a proposition before, and I stands before the Convention as though hope I shall never hear of it again. nl() action1 had beeln taken ]up,n it. RMr. BROOMNALL. I desire to settle this Mlr. ARMX8TRON~,G-. M~r. Ch~irinarn: I vexed matter. I see that the committee suppose it is not comnpetent for the comn- is tired of it. I am ratisfied that the genmitrtee o the wnlole to reverse a juglent tleman froni Colutnbia ('Mr. Buckalew) of the Convention. is right in his )poition upon the question Sir. 1HOPKINS. I beg the gentleman's of order, and that unlimited debate upon pardon. It was the Convention that re- this subject is in order; but I think that, versed that decision,. the chairman of the committee thinks MIr. ARMSTRONG. I will mnake mIiyself otherwise, and I do not (desire to trespass understood. The Convention will re- upon the Convention, because I know member when this resolution was before - there are other gentlemlen here who deit that the motion to reconsider did not sire to be heard upon this question. rescind the previous vote, because the The CHAIRMAN. The Chair expresses Convention had not so voted. That no opinion, but a decision having been stands as a decision in this Convention, rendered by the Presidentpro tem of the unappealed frorn, and therefore conelu- Convention, that the vote to re-consider sively binding upon the chairman of this the resolution, utlon the question now becommittee. As the question stands now, fore the comnrrittee, did not leave the I hold that the chairnman of the commit- resolution open for consideration, the tee cannot render a decision at variance Chair feels bound to say thiat this deciwith the one given by the President pro sion is binding upon the chairinan of the tern of the Convention, which distinctly committee of the whole. was that a inotion to re-consider the reso- Mr. BROOlrALL. Mr. Chairiman: Oh, lution did not rescind it, but simply no. He did not so decide. brought the question within the control The CFIAIRTMAN. I understood the of the Convention, if they had chosen to President of the Convention to so decide, act upon it, but they did not. Therefore and the gentlenman is well aware that the I raise the point of order that the Presi- chairman of the conrnittee of the whole, dent pro tern of the Convention, having has no right to go behind th de oision elt decided that the motion to take the vote the chairman of the Convention. at one o'clock, was not rescined by the Mr. BROOMALL.'Mlr. Chafirrnani MY motion to re-consider, it is binding upon plan is to cut this thing short by withthe chairman of the committee of'the drawing the amendment at this timie and whole and that no debate is now in re-offering it in the Hoise on second reading. That will remove it from at pre 628 DEBATES OF THE sent, and it can be called up again when he will find that an amendment cannot these gentlemten who desire to speak upon be withdrawn after it has been amended. the subjectand who have been cut off by In this ease the amtendment of the ge - tile proceedings of this session, can be tleman from Delaware was not amlended heard. an amnendment to it was only offered. The CHAIRMAN. The Chair will state Mr. J. W. F. WHITE. r. r. Chairman: that he has said privately to some gentle- I mrove that the com~mittee rise, report len who desire to be Leard upon this progress and ask leave t,, sit again. question that they can have an opportu- The CHAIRMAN. The Chair so,.ge;ts nity of doing so in the Conventions. The to the gentlemnan fromn Allegheny (.M~r. Chair does not, of course, desire to interJ. hV F. White) that he had better withfere with debate. (iraw his motion and let a vote be taken The gentleman from Delaware (Mr. on thequestion. Broomall) withdraws his amendmient. Mr.CAMPBELL. Mr. Chairman: I rise Mr. SIMPSON. I rise to a point of order. to a point of order. The atnendment has The amendment of the gentleman fromr been withdrawn, fand there is nothing Delaware was supplemnented by another before the House. artendmlent offered by the gentleman The CHAIRMAN. The question is or) from Indiana (Mr. Harry White) and the section. tile gentleman from Delaware cannot, Mr. J. v. F. F. WHITES. Mr. Chairman therefore, withdraw his amendment. I will withdraw lny mlotionl if we caln The CHAIRMAN. If the gentlenman have a vote. from Philadelphia (Mr. Simpson) will The CHAIRMAN.. The question is, then, turn his attention to rule fifteen he will upon the first section of the report of the find that before a vote is taken the mover Committee on Suffrarge, lElection and of an amendmtent can withdraw an Representation. amuendmeniet which, of course, carries Mr. COLLINS. Mr. Chairlnan: I offer with it the an:endment to the amend- the followingamendlnent: To strike out, Mnent. the words "two months," and insert -,sixMlr. I3ROOIALL. Mlr. Chairtan: Then tv days." I withdraw the Iamendlment. Mr. COLLINS. Mr. Chairllan: I just MIr. WHERRY. Mr. Chairman: Then wish to call the attention of the cotltnitI renew it. tee to the fact that considerable difficultv Mr. HAY. MIr. Chairman: I arise to a could arise in regard to the words " tw(o point of order. months'' being used Ihere, because there is The CHAIRMAN. As the Chair under- no telling what is meant by two months, stands his duty he will be compelled to whether you mean two calendar months put this question, although it is after one or otherwise. But if you make it sixo'clock, but he wouldi suggest to the gen- tv days, then it is explicit, and everytleman from Cumberland (Mr. Wherry) body can understand it.'Ihere wi 1 be that it would perhaps be better to with- no ilisunderstanding what is ileanrt in draw the amendment which he has re- the Constitution in regard to the mllatnewed and allow it to collie up in the ter, whether you mrean lunar months or House on second reading. calendar months. This difficulty malna bMr. mWHERRY. Mr. Chairulan:- Iwith- arise if the present language of'two draw the amendment. months' be retained, but if it be "sixThe C]HAIRMAN. The gentlemnran from ty days" you so put it that every man Allegheny (Mr. Hay) -will state his point can understand it, and there will be no of order. mistake about it. Mr. HAY. Mr. Chairlan: My point Mr. NILES. Mr. Chairman: I offer the of order is that under the fifteentth rule of following amendUlenlt: this House a motion can not be with- The CHAIRMAN. To the amendment? drawnitafter it has been amended. There Mr. NLnES. Mr. Chairman: No, sir; toi was an amendment offered to the amend- the section. I thought the amendment mett of the gentleman frlom Delaware. h d been voted on. The CH"AIRiMAN.'If the gentleman Mr. C. A. BLACK. Mr. Chairman: I roei Allegheny will read the rule again move to amend the amendment, by strik CONSTITUTIONAL CONVENTION. 629 ing out "sixty days" and inserting "nine- amendment, and was preparing one when ty days." the gentleman front Potter offered his. AMr. BICIALEW. Mr. Chairman: I will Mr. NILES. Mr. Chairman: I accept merely remark here that the Committee the amendment. I have no desire to on Suffrage, on all these occasions of corn- make any remarks upon this question at puting time, have used the term "month" this tine. fMy amendment merely re-inor "months," and for this reason, that states a clause that is in the Constitution the length of time or the number of days as it stands to-day. I believe that this is in months vary, and will be simnpler and a beneficial amendment. We have been inore convenient to election officers to making the' right of suffrage cheap compute tinme from the same day in any enough, to say the least, and there ought month to the same day in succeeding to be something to connect the voter with mnonths, without stopping to calculate the government under which he lives. how many days it would take for the I believe, for many reasons, that this same space of time. We have to carry amendment ought to be made, but I have these computations over different periods no desire, at this time, to make any exof the year, and we have uniformly used tended remarks in favor of it. the term "months' as more simple and Mr. LILLY. Mr. Chairman: I am in convenient for election boards and for the favor of this amendment, and wish to people. state to the committee the reason of it. The amnen(iment to the amendment was It is simply this: Every voter who derejected. sires to put his hand to the government Mr. CA\IPBELL. Mr. Chairman: I move and help to mould it, should help pay to amend. as follows: the expens;s of that government, and To strike out " sixty days," and insert should assist in so sharing these expenses "one month." to the extent of his ability. If it is five Mr. CAMIPBELL. Mr. Chairman: I do cents, let him-pay fivercents.: If it is five not desire to speak upon this question. I dollars, or any other amount, let him pay merely wish to say that I offer this amend- according to his wealth. But every man inent for the reason I gave the other day, who votes ought to pay something toand which I do not now propose to re- ward the support of the government nnpeat; that this section as it stands would der which he lives, and which he desires practically disfranchise a great many of to assist in moulding. the poor men of large cities, who are com- Mr. TURRELL. Mr. Chairman: I depelled to remove within a brief periodl be- sire only to say that I will vote for this fore the election. Longer residence is amendment because I look upon it as an designed to prevent colonization and per- additional safeguard to the purity of the sonations. The Committee on Suffrage, ballot. In all our discussions here we Election and Representation having pro- have endeavored to throw safeguards vidled for small precincts, they will ac- around the right of suffrage. Now I becomplish the same purpose sought to be lieve this will be an aid in determining obtained by longer residence. the qualifications of a voter. It is an adThe amendmlenttto the amendment was ditional safeguard thrown around the rejected. rightof voting. The atnendment was rej*:ted. I do not propose to extend my reMr. NIrtES. Mir. Chairman: I offer the marks, but only desire to call the atttenfollowing amendment: tion of the committee to this view of this To amend section one, byinserting after subject. We have had this provision the word"election"thewords "withintwo since the existence of the government, years paid a State or county tax, which and I see no reason why we should not shall have been assessed at least two continue it. months before the election." Mr. SIMPsoN. Mr. Chairman: The good Mr. GOWEN. Mr. Chairmnan: I offer Book tells us that "where a man's treasure the following amendment to the amend- is there will his heart be also." I shall ment: vote to insert this tax qualification, beTo insert the word " having " before the cause I believe that a man will have word "within." I am in favor of the some interest in the government when 630 DEBATES OF THE he pays something towards its support. The CHAIRMAN. The amendment to I am of the opinion that, if there had the amendment is withdrawn. been some direct tax imposed by the gov- Mr. DARLINGTON. Mir. Chairman: ernment of the United States upon the The committee are hardly in the right southern States for a number of years temper just now, so near the close of the before the late rebellion, there would day's session, to consider a proposition so have been no rebellion. They would important as this. The Committee on have felt some interest in the govern- Suffrage, Election and Representation rlent, because some of their money was have proposed an entire change in this in that government. For that reason, respect-a fundamental change, indeed, that it will strengthen a man's interest in in the qualifications of electors, such as his government, I sustain and will vote has never existed in the State. They for this amendment. have entirely stricken from the Constitu3Mr. CLARK. Mr. Chairman: I move tion the tax qualification. Now, sir, what to amend the amendment, by adding at do they mean by this? They are allowthe end the following proviso: ing those to vote, not only at our general "Provided, That freemen, being citizens elections, bnt at our county elections, our of the United States, between the ages of township elections, our borough electwenty-one and twenty-two years, having tions, our city elections, who have no resided in the State one year, and in the manner of stake in the government, vote election district two months, as afore- to put themselves in office, to impose exsaid, shall be entitled to vote, although penses and taxes, debts upon the comthev shall not have paid taxes." Iniunity, when they themselves cannot The CHAIRMAN. Does the gentleman be obliged to pay one farthing-no share from Indiana (Mr. Clark) desire that to of the burdens and all of the benefits. be inserted at the end of the section or at Now I am opposed to that. Every man the end of the amendment? living in this free government ought to Mr. CLARM. BMr. Chairman: At the be ready and willing, under all circurnend.of the amendment. stances, to contribute his mite, although Mr.J.NWV. F. MTHITSE. Mr. UChairman: it may be small, his proper proportion, according to his means, to support the I onvy desire to say that I shall vote for according to his means, to support the this amendment. I government, not only State, but mnunicithis amendment. I did so in comrmittee, pal and local, everywhere. and I will do so here, on this ground: Id ll e I would like to hear fr,)n the chairman think every person who enjoys the right of suffrage in a State ought tofeel that to what hasactuated them in striking from he owes something to the State. He the Constitution so important a provision ought to feel that he should contribute of M.~~~~~~ n..as this has always been esteemed to be. his mite, however little that may be, for the support of the government. There MIR. EWING. Mr. Chairman: I shall should be a tie between hitn and the vote for this amendment; first, because I State. The amount of tax is of very little think that every man that votes ought to consequence. It is the principle involved contribute soenething for the support of in the thing;. and I say that every man government; and, second, as a safeguard who enjoys the, right of voting ought to in elections. I look upon it as worth feel that he owes something to the more than all the new provisionsthat the State. committee has reported. Mr. SIMPSON. Mr. Chairman: I will Mr. BOWMAN. Mr. Chairman: It does suggIest to the gentleman from Indiana really seem to me as though the gentle(Mr. Clark) that he withdraw hisamend- men present had not considered the imInent until we vote on the question of in- portance of this question. serting the tax clause, and then he can Now it is proposed by the cenmittee offer his amendment at the end of the to effect a radical change in point oftaxaclause, where it properly belongs. tion as a qualification to the right cf sufMr. CLARK. Mr. Chairman: I have fraoe. This is a reform Convention, forno objection to do as the gentleman sooth, proposing to open the door to a from Philadelphia (MJr. Simpson) sug- band of gypsies, if you please, that are gests. to-day encamped upon the banks of the CONSTITUTIONAL CONVENTION. 631 Delaware river, and in two months there- ty and State purposes, but what is the after, on the day of election, they make practical operation upon the ballot? I do their appearance upon the shores of lake not know how it may be elsewhere, but I Erie, and step up to the polls and deposit do know this, sir, that it has come to be, their votes without contributing one cent in cities, a source of corruption. No man tnwkards the support of the government. need pay a tax at all, in these days, in Again, sir, we know that they can vote order to secure the right to vote, if he is themselves into office if they have the mean enough to say: "I will not vote unrequisite number. They can vote to im- til my taxes are paid." Political parties pdse taxes upon the individualswho have are forced to provide for the payment of property, without contributing one dollar the taxes of certain classes at every camtheinselves. It is a very strange thing paign, and I have known a man who has to me that the committee, composed of been taxed amnounting to twelve dollars, such wise gentlemen as it is, should sup- who refused to vote until they were paid. port a proposition, in all honesty and so- It has grown to be an agency of corrupberness, to be submitted to the gentlemen tion. If the gains in revenue will councoimposing this Convention, and say that terbalance this, then let us retain the tax we should incorporate into the funda- qualification. If they will not, and taxes mental law of our State, that any man can sufficient for county and State purposes step up to the polls arid vote without pay- caRn otherwise be collected than by maining one cent for the support of the govern- taining it,. 1et us strike it out and accept nlent, county or municipality in which the amendment which the committee he resides. To me it is a monstrous pro- has reported, for, in my judgment, it is position. No man can forietell the injury to-clay nothing but one of the means and that will ensue by adopting the report of sources of corruption. this committee, and I hope it will not be Mr. GowFN. Mr. Chairman: I think adopted as it is. the gentlemnan fromn'ioga (Mr. Niles) has I amn in favor of the amendment offered. somewhat amended the resolution since by the gentlemanfromn Toga, (Mr. Niles,) it was read. Will the Clerk please read and I shall vote for that amendment; and the amendment?.:shall vote against every proposition to The CLERK ract change the fundamental law of our State, "And having, witlin two years and at by which vagabonds and stragglers shall least one imeith before the election, paid hlave a right to step up to the election a State or county tax, which shall have polls and cast a vote which will count been assessed at least two months before just as much as the man whose property the election." is taxed thousands of dollars. To that *Mr. GOwrEN. Mlr. Chairman: The Conproposition I am opposed. I will never vention will see that, as the amendment vote for it. now reads, the payment of tax must be Mr. H. G. SMITH. Mr. Chairrnma: This made at least a month before the elecis a question which consumed a very large tion, and it must be assessed at least two portion of the time of the Convention of months before the election; hence, if the 1838 in its discussion. In that body it present amendment is adopted, while itwas fully considered in all its bearings. will secure the right which all of us Objections were made that it was impos- ought to have, namely: That no one ing a property qualification, and appeals should exercise the ight of suffrage were made in behalf of the poor mlan, and without contributing his share of the exprej udices were endeavored to be excited pensesofthegovernment, to the extent against the rich classes of the commnu- of his ability; yet the fact that the tax ity, but the clause was ~finally retained, must be paid at least a month before the Now, sir, I ask any man, who is famil- election will take away that evil of graiar with the politics of this country and tuitous tax receipts on the day of elecwith its workings in elections, what has tion, which are paid for by one or the been the result of it? other of the political parties. I know that It may be possible that the retention of it has been a great evil that people vote the tax clause had added somewhat to without paying their taxes, but the State the amount of revenue derived for coun- or county get the benefit of it, for if they 632 DEBATES OF THE do not pay then somebody else does. Mr. BUCKALEW. I only rose to make The taxes must be paid, and if they this single point: Before the question must be paid at least a month before was voted upon I thought it was proper election, this general distribution of free that the gentleman of the Convention tax receipts a day or two before election should understand one defect, practical will cease. and inconvenient, connected with the Mr. BUCIALEW. Mr. Chairman: The carrying out of the change. main consideration which weighed with Mr. M'ALLISTEn. Mr. Chairman: I me in opposing this particular clause of hope this subject will be properly conthe report of the committee, and which sidered before the vote is taken upon it. induces me to vote for its amendment, is Mr. H. G. S~AITE. Mr. Chairman: I this: If you strike from this division of move the commnittee rise, report progress the election article the tax clause, as ex- and ask leave to sit again. pressed, the necessity will be imposed The motion was not agreed to. upon you of establishing a registry sys- Mr. M'ALLISTER. Mr. Chairman: The ten for the whole Comnmonwealth. Now, committee will observe, by reference to sir, we use our assessors for the purpose another ortlon of the report now under of making up our election lists. They considration that the Comitteeon Sufare officers which will be required under ge were full conscious that the change frage were fully conscious that the change allny system of laws. They pass through frot the tax qualification would involve every election division of the State, in the necessit of the reistration of voters the administration of our revenue sys- and they have made provision for it in ten. They get complete lists of all per- one of the sections. sons who will be qualified to vote undere e i There were evils arising out of this the existing Constitution. Those tax law tax qualification Persons were deprived tax qualification. Persons were deprived are subject to revision now at least ten of their right to vote, by reason of the nodays before the elegtion, and the revised glect of the tax officer, who were otherand completed lists are put up in public wise qualified. The tax had not been and conspicuous places, accessible to all assessed so as to enable them to pay it. people. This itself was an evil. There was, howNow, sir, if you strike out the tax pro- ever, no one principle that impressed the vision you will have no lists made out by minds of the committee more firmly than the tax assessors. You cannot use the that the r,ight of suffrage did not depend officers who now exist, and who conveni- upon property, nor upon the payment of ently, and without any expense to the peo- taxes, but that it belonged to man, as a ple, performthis duty., You will be obliged man, and because he was a man, and not to establish a registry for the whole State, because he was a tax-payer. That was and employ officers to pass around into the great truth which led to the conevery community into which our State elusion at which the committee arrived. is divided, and make out these lists and It is not asked that any one should vote revise them afterwards. A great deal who does not contribute to the support of of machinery will be required, and along the government. Without the tax prewith it a very considerable amount of ex- requisite, may not taxes be levied and pense to the people. collected? Is the arm of the government Upon this practical ground of inconve- shortened, that it cannot reach every nience and expense connected with the citizen? No taxes are levied now upon change, I have been, and am, now, op- property or upon persons that do not inposed to the report of the committee in volve the liberty of the man upon whom this particular, and shall be in favor of they are assessed, and the tax collector an amendment somewhat similar to that can take the body when there is no prowhich is now pending. I think, how- perty. The strong hand of the governever, the requirement.that the tax should ment is thus laid upon every citizen to be paid at least one month before the conapel him to contribute to the support election is rather severe; a period of ten of thegovernment. Isitpossiblethatthe days would be sufficient. exercise of the elective franchise is to be Mr. NILEs. I will accept that as an brought in as a means of compelling the amendment. performance of duty to the government? CONSTITUTIONAL CONVENTION. 633 Surely not. There isno resort to any such termine, may have the duty imposed expedient necessary. The government upon them without increased expense. has power to collect her taxes fromn those but when the electors are registered, and whomr she protects, and whose rights and when that registration is put up, a cerproperty she renders secure. But what tain time before the election, all men of all do we obtain by this registration? Do all parties can have access to it and inquire we obtain anything except a tax upon pro- as to the status of the men who claim to perty owners? How much of the tax list be electors of the respective districts. is miade very shortly before the time when I think it belittles the right, this great the tax nmust be assessed? The five cent social, natural right of suffrage, when you menl, those men who are said to contri- associate it with five cents. bute to the support of the government? The government will grain nothing by five cents, are brought in, when? Just this tax-prerequisite to the right of sufon the eve of an election. As we have frage; they will lose much. To adopt had it in titnes that are past, it was no ihese amendtnents will confuse the whole bar to fraud, no protection against fraud, scheme, as reported by the commnlittee, no evIdence of anything. Men brought and will answer noogood purpose. Ihold, into the districts and supported there Mr. Chairman, that every elector, and that they nllay vote, go to the assessor, and every elector's family, are a constituent say "assess tne,' and the assessor, in part of the people, in whom all sovereignsuch cases, must assess them, because ty inheres, and for whose welfare all they are there. And that sort of thing is governiments are instituted; that the necessary, it is said, to prevent fraud family is represented by the head, and and show who support the government! that the right of suffrage belongs to him, And then, when they are brought up to as a Inan, and as the representative of the polls, somebody must pay the tax for his family, and that it cannot be taken thenl; they will not even pay five cents. away, nor can it be given, justly, simply Yet they are " supporters of the govern- because he pays or does not pay'a tax. nment." Itis a mhere farce. Thare is nothing in it-less than nlothing. mit hilself to be interrupted for a The committee, therefore, believing motion that the;conmittee rise? this, abolished the tax requisition and Mr. M'ALLISTER. Yes, sir. provided for a registration of the voters, Mr. ROOIKE moved that the commniitof the electors. The fact of the assess- tee do now rise, report progress and ask merit of this five cent tax, as I have leave to sit again, which was agreed to. shown, is no evidence of anything. The So the comminmittee rose. tax list and the payment of the taxes, IN CONVENTION. though made prinmafacie evidence of the right to vote amounted to nothing. Will AMr. LAWRENCE. Mr. President: The the registration of the voters amount to committee of the whole has had under less? I have stated that it has deprived consideration the report of the Commitmen otherwise entitled to vote of the tee on Suffrage, Election and Representaright of suffrage, and has, in miany parts tion, and has instructed rme to report of the State, become odious. The crn- progress and ask leave to sit again. Irittee have provided that there shall be The PRESIDENT pro temrn. The chaira registration of voters, and they have man of the comnmittee of the whole releft it to the Legislature to say when that ports that the commnittee has had under registration shall be made, the manner consideration the report of the Committee in which it shall be made, to give it force on Suffrage, Election and Representation, and effect. In all these provisions the and has instructed him to report procommittee has contemplated legislative gross and ask leave to sit again. Shall action to carry tnlemn into effect. Ansd the committee have leave? ["Aye!' such provisions can be made in reference' Aye!"] to the registration of voters, that there VWhen shall the committee have leave will be no more expense than there is to sit again? now. The same officers, the tax as- [Several delegates. "To-morrow-M-Monsessors, if the Legislature shall so de- day."] 634 DEBATES OF THE The PRESIDENT pr0 tern. The question ing, Fell, Finney,Fulton, Gilpin, Gowen, will first be on the farthest day named, Guthrie, Hall, Hanna, Hay, Hazzard, which is Monday. Hopkins, Horton, Howard Knight, LawMr. LAWRENCE. I understand the rence, Long, M'Allister, M'Clean, M'Conquestion to be whether we shall sit to- nell, M'Culloch, Mann, Mantor MAinor, morrow or Monday? Mott, Patterson, D. W., Patterson, T. He The PRESIDENT pro tern Yes. B., Patton, Porter, Pughe, Purviance, The question being, shall the commit. Samuel, A., Reynolds, James L., Russell, tee have leave to sit on Monday, the Smith, H. G.,, Smith, W. H., Struthers, yeas and nay were required b:y r. Dar- Turrell, Walker- Wetherill, J. M., Wethlington and Mr. Smith, and were as folb erill, John Price, White, David N., low, viz: White, J. W. F., WVorrell and WVrightYEAS. 66. So the motion was rejected..Messrs. Addioks, Alricks, Baker, BarABSEN-T OR NOT VOTING. -M eSSrSo tholornew, Bowman, Cassidy, Clark,. Ainey, Andrews, Armstrong, Bannan, Corson, Dunning, Elliott, Ellis, Gibso Aine Arews, Arstron, Bannan, arve Lill C nt Bardsley, Black, Charles A., Black, J. S., HIarvey, Lilly, MI'Camant, Memzger, Boyd, Broomall, Carey, Church, Craig, Niles, Palmer, G. W., Parsons, Read, Curry, Cuyler, Dimmick, Dodd, Funck, John R., Sharpe, Simpstin. Smith, Henry Curr, Cyler, Dnmic odd, Fnc XV., Stanton, WVherr~y, White, Harry, Herphill, Heverin,, Hunsicker, Kaine, and WoodStanard-27. Wherry, hitH rr, Lamberton, Landis, Lear, Littleton, and Woodward —27. M'WMurray, MacVeagh, Newlin, Palmer, NA Y S. H. W., Puriman, PUrviance, John, N., MIessrs. ochenbach, Baeor. Baily, (Per- Reed, Andrew, Reynolds, S. H. Rooke, ry,) BailcS, (Huntirlgdon,) Baiclay, "Ross, Runk, Stewart, Temple, Van ReeL Beebe, Biddle, Brodihead, Brown, Bucka- andl erecith, President-40. lew, Campbell, Carter, Coc(hran, Collins, The hour of two o'clock havingarrived, Corbett, Cronmillor, Ctirtin, Dallas, Dar- the President. declared the Convention ngton, Davis, De France, Edwards, Ew- adjourned. CONSTITUTIONAL CONVENTION. 635 THIRTY-EIGHTH DAY. SATURDAY, Februar'y 8, 1873. Tioga county, asking for the submission The Convention met at eleven o'clock to the people of a prohibitory law. A. M., Mr. Walker in the chair. Referred to the Committee on LegislaThe Journal of yesterday was read and tion approved. LEAVE OF ABSENCE. WRITS OF ERROR. Mr. LAWRENCE. Mr. President: I desire to ask leave of absence for the First Communications from the prothonota- Assistant Clerk, Mr. Rogers, who was ries of Schuylkill, Mercer, Huntingdon called away suddenly last night, and will and Pike counties were laid before the nlt be here again until Monday. Convention-by the President. Leave was granted. BOYS' HIGH SCHOOL. EX-GOVERNIOR GEARY. The PRESIDENT also submitted to the Convention the following communication: Mr. ARMSTRONG. Mr. President: The Convention has heard this morning, with OFFICE BOARD OF PUBLIC EDUCATION very profound regret, of the decease of OF PHILADELPHIA, e ex-Governor Geary. The dispatch which PHILADEI-PHIA,.February 8, 17S. j. U.. PHILADELPHI EbrEaryT8,173 bears to us this sad intelligence informs lTion. WSra. MI. MEREDITH, us that, as he sat at breakfast, engaged in President Constitutional Convention: sprightly conversation with his family, SIR: —The Board of public. education death suddenly arrested him in his course. of Philadelphia respectfully request the It reminds us what shadows we are and attendence of the members of the Con- what shadowswe pursue. Not long since stitutional Convention at the commence- I had the pleasure of meeting Governor ment exercises of the Boys' Central high Geary, and in the course of a pleasant conschool, at the Academy of Music, on Thurs- versation he remarked to me that he had day next, at ten o'clock A. M. for some time been unwell, and that he Respectfully, much feared his health was giving way. M. HALL STANTON, He spoke cheerfully upon topics of the P, esident. day, but was evidently impressed with iHi. W.,IALLIWELL, the belief that his, health was in a very Secretary. precarious condition. He has filled, and Mr. RM'CL;EAN. Mr. Presiident: I move so ably, so many conspicuous positions, e e, e that his life is intimately associated with that the invitation be accepted, with the tha the onemuch of the history and many of the most thanks of the Convention. striking events which have marked the Mr. STANTON. Mr. President: I will eventful years of the last decade. During merely state,in connection with this invi- the war he was prominent in many of the tation, that seats will be reserved on the most notable conflicts, and won proud stage of the Academy for the members of distinction upon many bloody fields. the Convention. The entrance to the Few men have lived whose lives have stage is on Locust street. been more filled with great events. The motion was agreed to. This is not the time to eulogize his INTOXICATING LIQUOR. memory, and I forbear from further conmment. He was personally my friend, and.tihe PRESIDENT laid before the Con- I was his, and in offering this sad tribute vrention several memorals asking for tie to his worth it is in accordance not only prohibition of the sale of intoxicating with ny personal feeling of friendship liquors, which were referred to the Coil- and regard, but with my sense of public mittee on Legislation. duty and propriety. Without further Mr. NILES. Mr. President: I present comment I will offer the following resothe petition of one thousand citizens of lutions: 636 DEBATES OF THE Resolved, That this Convention has our journey to the city of the dead, death heard with deep regret of the sudden was the subject of our conversation, and death of John WV. Geary, late Governor of he remarked to me: "Who will be the this State. next that will be carried to the narrow Resolved, That we tender to his bereaved home?" Ie himself has gone to "that family our most sincere sympathy, and bourne from which no traveler returns." that, as a mark of respect for his memory, He filled some of the highest offices in the both as a private citizen and a public offi- gift of the people. In the ariny he was a cer, this Convention do now adjourn. general; in civil life he was the Governor Resolved, That the Clerk of this Con- of this State. Temperate in habits, he was vention forward to the family of the de- also kind and indulgent in his family, ceased a copy of these resolutions. and probably his hospitality has been fMr. ALRICKS. lr. President: In ris- partaken of by every gentleman who hears ing to second these resolutions, I have a me. It may be said he had his faults, but word to say upon this dark dispensation of that can be said of all men. Providence, which suffuses many hearts On such occasions as this however we with sorrow, and which has made a are admonished that we should mother a widow, and left happy children orphans. It was my pleasure, although " Be to his faults a little blind, a political antagonist, to be intimately ac- And to hisvirtues vry kind." quainted with the late civil head of this while we may mourn this day with Connmmonwealth. He was to me the pic- those who mourn for him, let us not forture of health. I very well remember, get the lesson of his sudden call, that "in the last time I met hilm, congratulating the midst of life we are in deathl." hinl on the subject of his physique, and he The question being upon the resolutold rue then that we could not judge tion, it was agreed to. fromr outward appearances, that for more than a year past he had been suffering to Pursuant therewith, the Convention an extent that lie could not describe. then, at eleven o'clock and twenty-two We were pall-bearers at a funeral but a minutes, adjourned to Monday morning few months since, and, in the course of next at eleven o'clock. CONSTITUTIONAL CONVENTION. 637 THIRTY-NINTH DAY. MONDAY, February 10, 1873. Also, one from the Roaring Creek The Convention met at eleven o'clock monthly meeting of Columbia county,.A. M., Mr. Walker In the chair. upon the same subject, which was rePrayer was ofibred by Rev. James W. ferred to the same ommittee. ferred to the same committee. Curryv. Also, the petition of many citizensfrom Unionville, Chester county, on the same JOURNAL. subject, which was referred to the same The Journal of Saturday's proceedings committee. was read and approved. MILITARY DUTY. PROTHONOTARY'S REPORT. Mr. BROOnMALL presented a petition The PRESIDENT pro temn presented a from the Concord monthly meeting of report from the prothonotary of M'Kean Friends, asking to be relieved from mllicounty, which was referred to the Conl- tary duty, which was referred to the Coinnaittee on the Judiciary. mittee on the Militia. CRUEL AND BARBAROUS LAWS. PROHIBITION. Mr. FLTON presented a petition f Mr. BROOMALL presented a petition 31'. FUTTON presented a petition front from the Concord monthly meeting of four hundred and twenty-five citizens of Friends, asking for the enactment of a Westmoreland county, asking the Conprovision for the protection of human life vention to adopt, as a part of the Constiagainst cruel and barbarous laws, which tution, an article prohibiting the nmann- was referred to the Committee on the facture and sale of intoxicating liquors, which was referred to the Committee on Judiciary Legislature. LEAVE OF ABSENCE. Mr. M'ALLISTER presented a petition Mr. BROOMALL asked and obtained upon the same subject, from two hundred leave of absence for a few days for Mr. and fifteen citizens of Phillipsburg, Cen- Darlington, of Chester. tre county, which was referred to the ELECTION OFFICERS. salme coummlittee. Mr. HOwARD offered the following resoEXEMIPTION FRO3I MILITARY TAX. lution, which was read and referred to Mr. KNIGHT presented a petition froln the Committee on Counties, Townships the monthly meeting of Friends, of Ab- and Boroughs: ington, relative to exemption from mili- Resolved, That the offlcers of all pritary tax, which was referred to the Com- - mary meetings and primary elections for mittee on the Militia. nomination of cafididates for office, or the election of delegates to put in nomiCAPITAL PUNISHMiENT. nation said candidates, shall be sworn or Mr. KNIGoT presented a petition from affirmed, before entering upon their duty, the same meeting, relative to the aboli- to fairly and truly conduct the proceedtion of capital punishment, which was ings, and fairly and truly make up the referred to the Committee on Judiciary. result, and any wilful violation of said INITOXICATING LIQJUOnS. oath or affirmation shall be perjury and indictable according to the said act. MIr. KNIGHT presented a petition fi'oin the same meeting, relative to the prohibi- POST OFFICE. tion of the manufacture and sale of in- Mr. WHERRY offered the following resotoxicating liquors. Referred to the Coin- lution, which was twice read: mnittee on Legislation. Resolved, That the postmaster be diMir. 13ROOMALL offered a petition from rected to keep the post-office in this hall Concord monthly meeting of Friends, open between the hours of nine and ten upon the some subject, which was re- A. M. and from four to five P. M., on Sunferred to the same committee. day. 638 DEBATES OF THE Mr. COCHRAN. Mr. Chairman: I more Mr. WHERRY. I desire to ask if there to amend the resolution, by adding: is a quorum of the Convention present. "' And that measures be taken to procure The PRESIDENT pro tern. There is the bringing of the mail to the hall, by quorum present. the messenger, on Sunday." Mr. LILLY. Mr. President: I move Mr. WHERRY. I accept the amendment. that the consideration of the report of the 1 desire to explain. Serious difficulties Committee on the Legislature be posthave occurred here, in the way of get- poned for the purpose of going into conmting mail, and it seems that some vio- Inittee of the whole upon the suffrage lence had been done by Imembers to article. get their mail. This resolution is to re- r. NILS. Mr. President: I ould move that difficulty.. Gentlemen come like to say one word before that vote is in here from the country, on Saturday talen. It is well known that the gentlenights, and are unable to get their mail man from Dauphin (Mr. MacVeagh) has until Monday morning, at nine o'clock,, this article in charge, as chairman of the and we do not seem willing to suffer this committee, and he is absent at Washinginconvenience. For myself, I am com- ton, attending to important litigation irt pelled to say that it takes a letter three behalf of the Commonwealth; and as we dlays to come from my hone, whilst it have business now before us, which comes should not take more than sixteen hours, up under the regular order, I thinl it at the outside. would be right that we postpone this ahd The resolution was agreed to. proe ed with the report of the ColmmitLEAVE OF ABSENCE. tee on Suffrage. There are several meoneMr. M'CULLOCII asked and obtained bers of the Committee on the Legislature leave of absence for Mr. Jno. M. Bailey, of who are absent to-day, and as we have IHuntingdon. already made progress in the report of the suffrage article, and being now in the DRAPING THlE HIALL. imiddle of the speech of the delegate front Mr. CORSON offered the following reso- Centre, (Mr. M'Allister,) I hpe the nsolution, which was twice read and agreed tion to postpone will prevail. to. Mr. TURRELL. Mr. President: I aIn Resolved, That the House Committee in favor of the postponement, but i asmk be instructed to report what progress has not in favor of it for the reason given by been made in draping the windows of the gentleman from Tioga, (Mr. Niles,) this hall, in obedience to the resolution of that the report is in charge of a certain this Convention authorizing the said gentleman, who is absent. It is the busicommittee to proceed in the premises. ness of that gentleman to be here, and LIBMITATION OF DEB~ATE~. the report is not in the charge of one mami more than another. We are all here bMr. MANTOR offered the following reso- upon an equality, and I protest against lution, which was read and laid upon the postponing the business because a certable, under the rule. tain member is absent. When we get to Resolved, That no member of this Con- work upon an article let us go on an(d vention be permitted to speak for a longer finish it. time than twenty minutes on any ques-:: tion before the Convention. ALLISTER. Mr.President: I to add that the consideration of the report, LE.AVE OF ABSENCE. of the comminittee on the Legislature was Mro. CILPIN asked and olbtainedl leave postponed, with a view of a report to be of absence for Mr. IM'Murrav, for a few received from the Conlmmittee on Legisla(dlays. tion, and also a further report by the Cornlmittee on Suffrage and Representa-tion. M~r. DUNNING askedC and obtained leave of a Nor askfed and for Mtarned. leave f Neither of those reports have yet been of absence for a few days for M1r. 11. W.V. made, so that the cause which led to the Palmer. postponement would seem to lead to a still THE LE(GISLATIURE. further postponement. The PRESIDENT pr0 temrn. The next The question being upon the postponebusiness in orderis the further considera- ment of the report of the Committee on tion, in committee of the whole, of the the Legislature, it was agreed to. report of the Committee on the Legisla- So the further consideration of the reture. port was postponed. CONSTITUTIONAL CONVENTION. 639 THE SUFFRAGE ARTICLE. 1 feel that it is not a sacri fice of time, that Mir. LILLY. MiIr. President: I move these discussions must come off at some that the Convention now resolve itself into stage of the preceedings of this Convention, committee of the whole, for the purpose and I would exceedingly regret that these of further considering the report of the general discussions should be renewedc Committee on Suffrage. when we come to second reading in ConThe motion was agreed to. vention. It would be a calamity; and So the Convention, as in committee of certainly such a discussion will come off the whole, -Mr. Lawrence in the chair, if menmhers are prevented from speaking piroceeded to the further consideration of in committee of the whole. the article on Suffrage Election and Rep- It may be recollected that during that resentation. discussion I asked a friend upon imy left, The CHAIRMAN: The question is upon (Mr. H. G. Smith,) an opponent of woman the amendment offered by the gentleman suffrage, with whom I was acting, two from Tioga (Mr. Niles) to the first section. questions, for the purpose of illustrating The amendment will be read. the principle involved in reference to The CLERK read the amendment, as fol- which, in my judgment, he was in error. lows:. I chose to ask him, though standing on Insert after the word " election," in the the same side with myself, two questions, fourth line, the following: " And having, which he courteously answered. within two years, and at least one month It very much surprised my friend fromn before the election, paid a State and county Dauphin, (Mr. Alricks,) who sat inmetax, which shall have been assessed at diately upon my left, that I should ask least two months before the election."' * sulch questions of a gentleman advocating M'~[r. MI'ALLISTER. Mr. Chairman: I ir.-MALoLISTEiR Mr. Chairman: madetoa n the same side of the question under disbelieve the motion was made to adjourn cussion with myself. I asked the queswhilst I occupied the floor upon tile ques- tions because I believe that the principle inquired of bears upon other parts of this that motion was made I was proceeding report, and involved other issues that, to assign some reasons, based upon politi- must be discussed in this Convention, one caI principles, why the amendment should of which is now before us in the considernot be made. I rose to speak upon that ation of the tax qualification, and thereoccasion, simply for the purpose of pre- fore I have referred to those questions venting a vote upon theamendment with- now and here out due consideration. I conceived that it. involved an important principle of gov- It may be remembered that I asked that gentleman whether the wife and the children constituted an element in the people, on Suffrage involves- an essential altera- titnte an element in the people tion of the Constitution as it now is, and whom all sovereignty is inherent that the subject deserved the serious con- wether they were a part acd parcel of sideration of this committee. I feel that that people, recognized in the Declaration we do not lose time in discussing, in conl- of Rights as " the people in whom all - mlittee of the whole, every principle in- ereignty is inherent.' volved, and every fact that bears upon the He answered, promptly and correct ly, reporthof any. committee. that they did constitute a portion of that Viewing the subject in this light, I was sovereign people. Ite had denied thlat tllhe opposed to the restriction placed upon the right of suffrage was a natural rigllt or discussion on-the preceding part of this that it was a natural, social right, and section, touohing the right of women to therefore I asked him another qluestion: suffrage. Though opposed to thegrantingr Upon what principle, if the right of sufof the right I felt strongly- inclined, as a frage were not a natural, social right, re — mnember of the Committee on Suffiage, to olution could ever be justified in anyL govafford the women advocates- of the right eminent? Certain, it seemed to me, thatevery opportunity they asked to be heard revolution could not be justified on the before the comnnlittee. And when the ground that it was a mere conventional subject came under discussion here I felt right. that it was a right that every advocate of Now these inquiries lead us to the co()that measure had, to discuss fully, in corn- sideration of the exercise of the right of mittee of the whole, the principle, upon suffrage, in view of the question now which the right of woman to suffrage is specifically before us, the tax qualificaclaimed. tion;on iwhat is this right of suffrage 640 DEBATES OF THE founded? W~hy is it given to the citi- What wasthe unit in the State which was zen? then formed? Surely it was the father. This, Mr. Chairman, brings us back to True, it is the wife and children, constithe foundation of the government; to the tuted a part of the people, who were reporganization of the first social relation on resented in this democracy, represented earth; to the time when God made man that is all. The adult sons who had been and made -woman as the helpmeet of released from the disabilities of minority mall and, if you please, as the equal of were there, and they were there as the mnan; to the time when God granted them representatives of their adult sisters, both the power of procreation, pronounced "the being in a transition state in the way to twain one flesh," and sat the solitary in the family relation. What then was the families, thus constituting, first, the so- unit of the State when this democracy cial relation upon the earth-a social re- was formed. Was it not the family? The lation which has existed from that day to family then, and nothing else, is the unit this. of the State as a pure democracy; but time Now, Mr. Chairman, I ask the attention passed by, and it was found that when of the Convention whilst we proceed from the heads and representatives of families, organization to organization, until we the father, the husband and the adult come to the situation we now occupy in son, came to assemble together, they had this Convention as law-makers, in estab- beconme too numerous to be heard in a lishing an organic law, and this with a deliberative assemblage; and what then view of ascertaining the foundation of the happened? The people met again, and rights of suffrage. We have then the they formed a State upon a larger scale. family established. They formed a republican governmentWho constitutes the fanmily? First, a representative government. That was the husband, who, by thi law of nature, is the purpose for which they assemnbled, made the head of the family and the and who constituted the asseinblage? head of the wife. Let me here ask what Not the wife, not the children, but the is the law of nature? Blackstone tells us representatives of the wives a-nd children, that it is "the will of God," and he tells the representatives of the family. The us further that the scripture, as contained same element which constituted the unit in the old and new testament, is that por- of the State in the democracy constituted tion of the natural law which has been the unit of the State in the republican or expressly revealed to man. representative government. It will be ohThen, Mr. Chairman, I have quoted served that this republican governlent from the law of nature. I have quoted arose from the impossibility of the mass from that law in the establishment of the deliberating as a body. The people had first relations which man, women and become so numerous that they were cornchildren bore to each other upon the pelled to act by representatives, and a earth. What succeeded? Families were representative government became a nemultiplied, and it became necessary that cessity. The right to choose a representathey should have some other social or- tive is every man's portion of the soverganization beside the family. What was eign power residing in the. people of the it? It was an assembling of the people, State. The right of each to exercise his recognized in our Declaration of Rights, individual portion of this sovereign power as " the people in whom all power isinhe- is denominated the right of suffrage. It rent." They assembled together for the is the delegation by one man to another purpose of establishing a government; of that portion of his sovereign power, and what government? A pure democ- which, as a representative, he may exerracy. The people met in order to organ- cise under the organic law of the State. ize this pure democracy as the second It seems inevitably to follow that suffrage socialrelation upon the earth. Who went is, as I have said, a natural, social right. to the meceting thus assembled? Did the Certain it is that husband, wife and chilwives and the children go? Rather was dren, down to the infant at the mother's it not, Mr. Chairman, the husband and breast, are a constituent part of the peofather as the head and representative of ple, in whom all power is inherent. It is the families? They assembled together, equally certain that they cannot constiand they were recognized as the people tute a portion of the people unless the in whom all sovereignty was inherent, familyis the unit of the State. This brings because they were the representatives of us to the inquiry, what families are the every human creature upon the earth. units of the State? The inquiry as to CONSTITUTIONAL CONVENTION. 641 what families are the units of the State in forming that government, they are to dethe formation of a government is import- termine how foreigners are to be admitant. Much confusion of ideas and many ted in the future; and that is the exercise disputes have arisen among men from a of their rights. They are to determine misunderstanding of the question dis- howlong a man, who comes from another cussed. I desire, therefore, before pro- country, or another part of their own ceeding further, to make a few remarks country, shall reside in a particular disin illustration of my idea. I repeat, then, trict before he shall be entitled to particithe inquiry, what families constitute the pate in their rights. This right they unit of the State in the formation of gov- have, and this right those who have ernllent? This is one standpoint. An- formed the governments have always exother standpoint from which this subject ercised. They may, if they choose, deis to be viewed is the one occupied by the termine that a man shall not be admitted judge upon the judicial bench, when he to participate in their rights, as a governconstrues the meaning of the Constitution, ment, in the privileges of the governor the legislator in the legislative hall ment, unless he be a freeholder-unless when he enacts laws under and in accord- he be possessed of one hundred acres or a, ance with the Constitution. These are thousand acres of land. So our ancestors, both different standpoints from the one when they came and settled in Philadeloccupied by this Convention, and by every phia, determined, being freeholders themother assemblage of men who meet to es- selves-for they were all freeholderstablish an organic law. Their inquiry is, they determined that no one should be what is the Constitution? Our inquiry is, admitted to the privileges of their govwhat should the Constitution be? Pro- ernment unless he was a freeholder. Iie ceeding now, in this view of the subject, must possess a certain amount of land. to answer the question, what families con- That they had a right to do, though they stitute the unit of the State, I reply, had not been all freeholders themselves. every family that participates in the for- But they were. These property requirlation of the Constitution. When the sites to the right of suffrage were then people assemble to frame a Constitution common in all the States. The right of for themselves, whether it be for the pure property was associated with the right of democracy or for the republican repre- suffrage. But in Pennsylvania the hand sentative government, they are all equal. has been loosened from the freehold, Whoever heard of an attempt to exclude and now, by universal consent, the basis any of those present from a right to be of representation has changed, which heard in these assemblages? Whoever the gentleman from Chester (Mr. Darheard of an attempt made to exclude any lington)-l do not see him in his seat fronm the deliberations? It being the peo- now-contended should be kept in the pie who assemble for the purpose of or- Constitution of 1838, and I understand he ganizing the government they -were all is now in favor of this tax requisition, equal. The Declaration of Independence though he has abandoned "taxable insays that all men are born equal. This is habitants" as the basis of representation. what our Bill of Rights says. All menare Nobody here defends the basis of repreequal and born equal. All start the race sentation in the present Constitution, of life from the same goal. There can be but there seen-is to be a disposition to no exclusion of any part of the people hold on to the tax requisition after the when the original State is being formed. basis of representation, founded on proBut therein all are thus placed upon ternIs perty, has been abandoned. of perfect equality in the formation of Now, Mr. Chairman, if it bte true that their organic law; they can and they do suffrage arises from necessity; if it be determine who shall be admitted after- true that, in the formation of the organic wards, and on what terms they shall be law, all who participate, every fanily adlmitted. that participates, every human being that Though they came from a hundred comes into the deliberative body, has different countries, they were there as equal rights in the formation of the Conequals in the formation of the govern- stitution, and that their power to restrict ment. There is no distinction between only applies to those who are to come natives and foreigners. They all come to into the government afterward, upon form their government for themselves what terms can we assert that the payand for the families that are represented, ment of taxes, the performance of milifor the families that deliberate. But, in tary duty, or that the possession of a 41 642 DEBATES OF THE f'reehold should be imposed as a condi- tifyi this revolution? Nine-tenths of the tion precedent to the right of suffrage? people are not freeholclers; one-tenth are, From the stlandpoint w-e occupy I have and that one-tenth grind us down and Shown thlat the right of suffriage is a natu- deny us all representation in this gevernral social right; that the exercise of that menrt, and we wont submit to it. WeT right is attached to manhood; to the will show that one-tenth that they can man because he is a man, and not to the no longer rule, and we will call a conman because lie can do military duty, vention ourselves, a convention of the nor to the man because he owns a free- people, to re-organize this gover mnent on. h1old, nor to the man because he pays a correct principles." Now can that be tax. done if the right of suffage be beot a natuNow I admit that all these requisites ral and social right? I hold that it is a mnay be imposed upon those who come part and parcel of the sovereignty which into the government after its formation inheres in the people, and it is by tlis right if it be expedient to impose them. of re-volution, this natural social right, iNow let us consider this subjet. I have that that action of the nine-tenthss j ustitraced the government from the family fied, and it is the only principle on -wvhich up to the representative republican gov- it can be justified. ernment. Now let s goa steppfLarther. I - ill admit, Mr. Clairnan7 tlat thishave alluded to the fatct that our ances- attemptei recolution in Rhode Islandt tors, when they camne to form a govern- failed in the Dorr case, and whv? RNot ment, composed a fireehold requisition as because the people didn't have tlhe power, a condition precedent to the right of suf- but becausne of the peculiar organizatilon frage. I will suppose that our republiean of our government, that orgalrizatiol -overlmlent increases, and still increases wvliich enacled the lmainority in the State,. in population. The mlerchant comes in, the one-tenth in the State possessing pothe lechanic comes, wealth is acuctmu- litical powel, to call on the strong arm of lated by the citizensof every department. the United States government to suppress.A large portion turn their attention to rebellion, to suppress all resistance to, other pursuits than agriculture. The thieir power. That was a result that be — masses do not own land and are not free- longs peculiarly to our federal goverl — holdcers. Those who are not freeholders ment, and has nothing to do with the gennot only exceed in nukmbers the freeholdl- eral principles upon which we are discussers, who hold the exclusive right of suf- ing this subject now. The light of rveorage, but they outnumber them greatly- lution does exist underthe circumstances three-fourths, four-fifths, fifth-sixths, Nvwhich 7 have stated, and no one can delny nine-tenths, if you please, of the entire it, and if it does exist, then it nmust be repopulation. They outnumber greatly the ferred to the natural social. right of the. freeholders, in whom exist the right of citizen to re-establish and reform their suffrage by the organic law-, Yetthe free- government in a Tay that will conduce holders elect the Legislature, aind lwhen to the welfare of the masses. That is the the people come up to the Legislature, wlinciple w'hich was inaugur a ted in tlhe asking the extension of the right of suf- Declaration of Independene, and her'e, frage, they tu.rn a deaf ear.' They say: let me say,'Mr. Chairlmanr that tlat priln"Nobody but freeholders should exe cise ciple of -the Decla-ration of Independcence thle right of suffrage. It is ours and we was the entering wedge that cleft asunler will hold it. You have conle into this the institution of slavery. Tiat principle? governmlent as a band of interlopers, or if read to the people fiom fourth of July to yon did not comne in in that way, you are fourth of July, was the enteringi wdc.lge only the children of those who are free- which did the work; ancd let me say here, holders, and if you wish to become voters also, that these declarations in the Bill of' -you ought, like them, to becomue free- RIights, the first and second sections of holders. Therefore we do not consider the:ninthl article, are the entering wvedges you capable of exercising this right of to the abolition of all property qualifica — suffrage, and -we wvill call no Constitu- tions in the exercise of the right of suftionlai Convention to re-organize f the gov- frage. I will take the liberty of readingf emlrient. We won'ot do it." those sections,w-hich I consider this enter-Now whllat is the result? Inevitably ing wedlge to effect this great object, rerevolution! And this brings us to the ferring suffrage to malanhoodcl. qulestion I asked ny -friend on the left7 "SECTIroN 1. All mnen are born equallv (Mr. Smith,) on what grounld do you jus- free and independent, and have certUiIi CONSTITUTIOXAL CONVENTION. 643 inherent and indefeasible rights, among There is the foundation of the right of which are those of enjoying and defend- property, expressly given by God himself ing life and liberty, or of acquiring, pos- to man. He did not divide it among his sessing and protecting property and repu- creatures, but he gave it to man to be distation, and of pursuing their own happi- tributed among them as men. ness. "And in process of time, it came to pass "SECTIoS 2. That all power is inherent that Cain brought of the fruit of the in the people, and all free governments ground, and offered it unto the Lord." are founded on their authority and insti- How did Cain bring of the fruit of the tuted for their peace and safety and hap- ground? Had he not gathered it? I-ad it piness." not become his own by the labor which -Now mark tlhe power of revolutilon! he bestowed in gathering it? Surely it Here it is: " For the advancement of had; but the concluding paragraph rethese ends they have, at all times, an in- moves all coubt. 1"And Abel, he als) alienable, indefeasible right to alter, re- brought of the firstlings of his flock and of the fat thereof. " How did the flock become form or abolish teir government in such tere How did t flock ecom manner (as they t~hink ~l proper~." his? By his having reared it; by his having nurtured and kept it; by the labor There? is the right of revohUtlon. The n w-hich he bestowed upon it. right which my friend on the left (Mlr. H-I. hic he bestowed upon it. In U )r[r. CoRsoN. Mr. Chairman: I rise to G. Smith) would deny to the people. a point of order. Clearly and explicitly stated, as is the P The C~IAIaRA-N. The gentlelan w -ill right of revolution, it has no other foun- e h state his poinrt of order. dation than that natural social right which every man has in society when govern- Mr. CoRsoN. The point of order is that BMr. CoRsoi. The point of order is that eont becoeas subversive of the ends gor the chairman of this committee has no nient becoivnes subhwoersiver of the ends for which it was instituted, to revolutionize right to go over the whole report of the it, and to franme a government better comlittee again, and give his reasons adapted to the thern present -wtants of the upon the question of suffrage, but he must. people. confine his remarks to the particularl amendment now before this ConventionNow I admitted when I spoke upon this the amendment relating to taxation. subject on the introduction of this report, Ir. BROOMALL. inlr. Chaiman: I trust that the right of suffrage was not a natuthat this debate will not, at this stage, be ral right in the sense of an absolute per- t i sonal right; but I asserted that it was a stoppedC Iwantachancetoma keareply The CHAIR~AN. The Chair thinks, i1n nlatural right in the sens.e of a social political rigEh tint. the sens of a soial po- some respects, it will be very well to rule in favor of the point of order, but he is You will notice that this Bill of Rights disposed to allow the gentlelan fromrecognizes the acquisition of property, as Centre (Mr. MAllister) discuss the subone of the absolute rights of man. It is ject and have a very wice range. The no more ain absolute right than the righlt Chair felt disposed several times,however, of suffrage is tan absolute right. They to call him nearer the question-the taxastand together; and my friend from Ches- tion of the elector. He would be rery ter (Mr. Darlin gton) takes tile position glad if the gentiemanwould conirne hi that there is no natural right of man to remalks to that special subj ect, or as near i t property. Hle assumnes this position in as possible, although he has no dlisposition 1 order to render hinself consistent as to to curtail debate. the right of suffrag'e. Jow how is that? Mr. C. A. BLACIK. Mr. Chairman: I; This leatds us back to the point from which not think the gentleman can be much out we starteed. T'~When CGid said to man, "'Be of order. I-e has been arguing the whole fruitful and mnultiply, and replenish the principle. I do not see that he is mnuce earth, and subdue it, cultivate it, and out of order. have dominion over the fish of the sea, The CIIAIRMIAN. The gentleman ha1and over the fowl of the air, and over ev- been going over the whole field, anld it iJ cry living thing that moveth upon the sorretimes customarytolet the ehairmn earth. of a committee do that. The Chair gave "And God said,behold I have given you the gentleman the floor the other day for every herb bearing seed, which is upon that purpose, and allowed him to go over the face of all the earth, and every tree in the report in detail. The Chair supposedi the which is the fruit of a tree yielding this morning, that the gentlenman woulo( seed; to you it shall be oibr meat."' confine himnself to the legitimate q uestior, 644 - DEBATES OF THE and he is making an argument which ap- fruits of the earth, when He said: "Cursed proaches it. is the ground for thy sake." It was for Mr. CURTIs. Ari. Chairman: It seems man's benefit that the ground was cursed, to me that there has been nothing said by to impose upon him the necessity of labor. my colleague (Mr. M'Allister) that is not "'By the sweat of thy face shalt thou eat perfectly consistent. It is perfectly pro- bread." And so it has been, through all per that he should go into the line of argu- the history of man, that wherever labor ment which he chooses to adopt. I inmag- was not requisite for his sustenance he ine it would be very improper to prevent degenerated, and his humanity became the chairmanofa committee from making dwarfed. If you go to the land where an argument in this singular and abrupt man can live upon the banana alone you manner. will find him a dwarfed creature. Mr. BR00OrALL. I hope the debate will Labor, then, is the foundation of pronot be stopped. perty, and when man bestows labor upon The CHAIRIMAN. The Chair desires to it it becomes his, and it is, therefore, that make- the productions of a man's labor is one of Alr. M'ALLISTER. In my opinion I his natural rights, just as the right of sufhave said nothing which does not bear frage is one of his natural rights, and they upon the amendment relating to the right are grouped together in this Bill of Rights. of suffrage. I intended it all to bear upon Now I care not whether you call it a natuthat, and I believe it does, and with that ral right or not. It is enough for me to view I have spoken every word that I know that the right of suffrage and the have uttered. right to the acquisition of labor stand side The CHAIR3IAN. The Chair will notice by side among his absolute rights; and if that the only trouble about this is, that they be absolute right and indefeasible when gentlemen come to reply they will right, inherent right, how can you take claim the same latitude, and wish to go them away from hin? That is the quesover the whole question. Upon that prin- tion we are discussing. If this right to ciple we will never get through with the form a government be one of man's incliscussion. The Chair is not disposed to herent rights as man, and it be an absoconfine the gentleman, as chairman, as lute right, this government cannot take it closely as he would some other gentle- from him without violating his natural men. rights. This is enough for my argument, The gentleman will proceed with the whetherit be anaturalright ornot. I bedebate; he seems to be coming to the lieve that suffrage isa natural, social right, question now. but I will dispute with nobody upon this BMr.'AI'LLISTEP. JI do not claim, in floor upon that subject. I will take the this part of the discussion, what is not com- Declaration of Rights as we have it, and mon to every member of this Convention; will predicate my argument upon it. The but I do claiml that what I have said right, it is inherent in man, government touching the right of suffrage bears di- cannot take it from him. It cannot be rectly upon the question under discussion, taken awvay by the non-payment of tax. and it is with that view only that I have That is the end at which I have been aimspoken. ing, and I believe I have not said one I have been calling the attention of the word that does not bear upon that identicommittee tothis natural right of property, cal subject, and upon the amendment as as one of the rights referred to in our Bill it is now presented to us. of Rights under the Constitution, and as I referred to lexicographers to ascertain bearing upon the exercise of the right of what this inherent right was, and I found suffrage, and it is with, that view alone it described to be "'a right implanted by that I have referred to the subject. I was nature, inbred, inborn, naturally pertainproceeding to show that man was given ing to,'' and I find Crabb, in his synonyms, the right to cultivate the earthl; he was, places inherent, inbred, inborn and ingiven the right to gather the fruits of the nate, in the same category. Now if this earth and to talke charge of the irrational be such a right, it is an absolute right; it animal creation upon the earth, and when is a natural right; but as I have said, it is he bestowed his labor upon it it became enough for me that it is in our Declarahis. This is an illustration of the right of tion of Rights, and that it goes to mansuffrage. God impressed upon man the hood as thle foundation of his right of sufnecessity of labor to the acquisition of the frage, and if so it cannot be justly taken CONSTITUTIONAL CONVENTION. 645 away by us in the establishment of the privileges of an elector at least six months organic law for default in the payment of preceding"-mark what follows-" and taxes. have a freehold estate of the yearly value I have said before, if -we establish the of seven dollars in the State; or, having tax prerequisite to the exercise of the been enrolled in the militia, and shall right of suffrage, those who come and set- have performed military duty therein, tie among us must conform to it because for the term of one year next preceding as to them it is a conventional right, but the time he shall offer himself for admiswe have no conventional rights to bind us sion, or being liable thereto, shall have here in our consideration of the subject been by authority of law excluded therewhen we establish an organic law, but from., or shall have paid a State tax withwhen one comes to inhabit with us it is in a year next preceding the time he shall implied that he will conform to the laws present himself for such admission,"which we have placed over him. But there is the tax requisite brought inthat question does not arise from the "and shall sustain a good moral characstandpoint we occupy in the considera- ter, shall, on his taking such oath as may tion of this right as an absolute right-a be prescribed by law, be an elector.' natural right. That was the law up to 1845, when the Now, it is only in popular governments, whole was abolished. There is represenit is only in civil governments, that man- tation founded on taxable property, and hood is the basis of the right. There are mi;itary duty and all the other cumbrous other places, in which suffrage is required, requisitions which at that timle were conin which property is the basis. And if ditions precedent to the exercise of the the gentlemen will look over this report right of suffrage. Let our prerequisite of they will find such a basis when we come tax paving fall with the prerequisite of to private corporations. There property taxable inhabitants. Let the two tax is the only true basis, as manhood is the requisitions fall together, and go down only true basisin civilgovernments. When into the same grave. we come to private corporations, property "' But," it is significantly asked, " why is the basis stock in the corporation, and grant the right of suffrage at twenty-one not manhood, is the foundation of the years of age, if it be a natural right?" I right of suffrage. I hold that in civil gov- reply for the very same reason that abilernment it is not property but manhood ity to acquire property is granted at that is represented. In corporations it is twenty-one years of age. The specific not manhood but stock. We are to dis- time is arbitrary, but some time is necestinguish between the two, giving each sary, and under our government-under that right of suffrage which arises from our government as it is-what son or the very nature of the thing itself. daughter can acquire property until they I have said, Mr. Chairman, that the have passed their majority, without the States have been abandoning this property consent of the parents. All their acquiqualification from time to time. I will sitions are through their parents, until not now refer to that subject, except in they arrive at that age, and then they are one solitary instance. I will refer to one emancipated, and may become men and State, for the purpose of showing how long women. The same reason governs in the this property qualification, this tax requi- one case as in the other. I have shown sition, was adhered to and when it was that both are natural social rights. I do abandoned, and what was abandoned, at not pretend, in reference to this right of the same time with it, more consistently property, that the right to transmit by than by the friends of this tax here, who inheritance, that the right to transmit by abandon this tax basis of representation, will is a natural right, but I do contend but hold to the tax as a prerequisite to the that the right to the acquisitions of labor right of suffrage. I refer to the Constitu- is a natural social right; the right to gation of the State of Connecticut, adopted ther the berries and the nuts from the in 1818. It provides: s "Every white male trees-the right to enjoy them after they citizen of the United States"-now mark are gathered-the right to appropriate a the words —" who shall have gained a set- portion of the earth to a specific use and tlement in this State,"-you see that "a take its produce, are natural social rights. settlement" was one of the requisites; it I have now gone over this discussion, goes on —" attained the age of twenty-one and I humbly conceive I have strictly adyears, and residing in the town in which hered to the subject matter before this he may offer himself to be admitted to the Convention. 646 DEBATES OF THE I should like, Air. Chairman, if I could shall be brief,'and because I never canl do so without violating the rules of this talk long to those not disposed to listen. Convention, to do that which I have not Now, sir, we are met here by the deyet had an opportunity of doing. I nunciation of the gentlenman from Phila-. should like to pay my respects to the delphia before me7 (Mr. Woodward,) gentlernan ffrom Delaware, (Mr. Broom- -who is not now in his seat-who proall.) His remarks were made upon the nouncesthewhole question "'loathsorne" Lamendmlentthat is withdrawn. Iaskthe to him; and, not satisfied with making C(hair whether it is in order to answer any the assertion once, he deliberately tells, of the argumnents or inferences made by this body, on three separate occasions, himrn. If it be in order I shall proceed to that the very debating of thle questiol consider some of his remarks; if not, I whether or not one-half of the adultshall, of course, forego. citizens of Pennsylvania ought to be al — The CHAInI.AN. What position does the lowed a voice in making the laws under,entleman (.MrA. AI'Allistei) desire to as- which they as well as the other half live sume? is "loathsome" to him. Sir, I have no Mr. TM'ALLSTEJI. I desire, if in order, answer to lake to that gentlenan. He to pay my respects to the gentleman from was born too early for these tinmes. The -Delaware (Mr. Broomall) in answer to government of the world has fllen upol some of the arguments, and inferences, younger shoulders. And, although I and insinuations made on the floor, in his have been ranked among the "o ld men remlarks touching wvomnaan suffrage. of the Convention, yet I will say here, ir T CThio ofo passing, that it does not depend alone e C Tt is out of r upon when a man was born, whether he at this time. The sub;jeet will come up in is old or not. I was born before a great the Conrention on seCond reading, acnd many men here, but I claim to be among the President of the Convention can give the youngest Beie the denuncitio. the youngest. Beside the denunciation the gentleman (AMr. MAI'Allister) the floor of the gentleman from Philadelphia (Mr. if he wishes to be heard. h ishes to be oodward) we have had the ridicule of Mfr. BROOMIALL. I was somewhat out- the gentleman from Montgomery, (Mr. raged in my feelings, lsst week, by the Boyd,) and I must say for him that, notclose of the debate upon the amendment withstanding some exceptions w ere taken. that was then pending, after four speeches to the tenor of his relarks, he is the imost aogainst me, in succesJion, without the consistent advocate of his canse in the chance of any one being heard upon our Convention. His is the only line of arguside. mnent possible in the case. There is nothBut I subimitted then, with a good ing else that can be said that is worth a grace, and certainly did not intend to re- momuent's consideration. Sir, when the new the discussion at this time, but the citadel of wrong is reduced to the necessigentleman from Centre (Mir. M'Allister) ty of defending itself against the attacks has spoken an hour and a quarter, mainly of right by harmless squibs, you may be upon the very question, and upon the sure that the stronger anmmunition has rutir same side that has been so extensively out, and that the citadel is upon the point hleard already. of surrendering. Now when I remember the parties Then comes the gentleman from Philamainly affected by that question asked, delphia (Mr. Gowen) with his plausible when the law was being passed by the argument about the devotion that young Legislature, to be represented on this floor, men 1 ike he and I ought to have for woman. anld were rudely denied with sneers and He feared that we should do something contemptuouslaughter; when I recollect, by which won-men would have less respect too, that the gentleman represents, proba- from the opposite sex than they have bly, the nmajority upon this floor, I cannot now. He admitted, however, that the resist, at least, asking this Convention to right of suffrage once granted to wonlan let me be heard for five minutes, orten, in would cure all the evils of election correply. I know that it is not regular, but ruption now in the cities, and that it the question has been opened upon what would be the means of purifying all. our claims to be the strong side, and it is elections, but lhe says that this great good nothing more than fair that that short would be purchased at too great a sccrifice. space of time should be allowed me. I Why, sir, has the gentleman any idea will promise that I will not tire the what that great good is? Upon the quespatience of the Convention, because I tion whether or not the elections in our CONSTITUTIONAL CONVENTION. 647 cities can be purified, depends thle per- I am the advocate in this Convention. It,nanency of this government. Sir, I say is the woman who wrorks, whether with here that if the elections in the cities go lier liands or with her brain. It is the weoon as they do now, if men continue buy- man who feels in her heart that God has ing and selling votes, and making nomi- not placed her here to do nothing but to nations in the interests of the whisky work for the good of herself and for the ring and other corrupt combinations, then good of her kind. This is the cause of the chances of perpetuating republican which I stand here to-day the advocate. government will be rendered very small MAr. HoPIriNS. Mr. Chairman: I desire indeed. The effort to perpetuate this to askaquestionoftheChair. Ihavebeeii government is certainly worthy of the laboring under the impression that the exertions of all its citizens, male and fe- gentlenman from Delaware (Mr. Broomall) male, and when we only ask, in order to withdrew his amendment touching thepromote this object, the right of suffrage woien suffrage oman suage question, on Friday last, to be conferred upon woman, I am sure and I desire to ask whether that amendthe gentleman from. Philadelphia, upon mlelt has been renewed? second thought, will think the experi- The CHIAIRMAN. The amendmnent ofmuent well worth trying. Why we do not fered by the gentleman from Delaware propose to force women to go to the elec_ (Mr. Broomall) has not been renewed, tions even in Philadelphia. ~We propose but the Chair would state that the gentlleonly to confer upon them the privilege. man from Centre (Alr. M'Allister) wvas WVill the gentleman from Philadelphia, permitted by the committee to take a very and those who entertain the same views wide range during the progress of his rewith him. on this question, say that wT- marks. The Chair now feels compelled man is so weak that unless she is hedged to require the gentleman from Delaware round by legal disabilities made by man, to draw nearer in his remarks towardcs that she will do something mean, some- the merits of the main question. thing to degrade her? Do these gentle- Mr. C. A. BLACK. Mr. Chairman: I men pretend to say that a woman is not understood the gentlemian from Delaware to be trusted with the care of her own (Mr. Broomall) asked permission of the dignity, her own respectability? Why, Convention to reply to the gentlemana, sir, there is not a door in the world over from Centre, (Mr. M'Allister,) and the which I would willingly see written: Convention gave its assent.'Mlen, but not women are admitted here." Mr. S. A. PURVIANCF. The gentlelnanl Ah! the very fact of admitting only men certainly did ask leave, and leave was pronounces the place a place not fit for certainly granted. men to enter. I would do away with all The CHAAINIA.N. Such was the underthat distinction. I will trust women with standing of the Chair at the commnencethe care of their own conduct, fi-r I have ment of the remarks of the gentleman no fears for them. The gentlenman from from Delaware, (Mr. Broomall,) but the Philadelphia (Mr. Gowen) has professed gentleman from. Washington (Mr. Hopto have great admiration for womlen, and kins) having raised the point of order, the there are others upon this floor who have C'hair is bound to be governed by the enlarged, it seems to me unnecessarily, rules of the Convention. The Chair, howupon their devotion to women. I am ever, has no disposition to reflect on the afraid they do not mean the kind of wo- remarks made by the gentleman froni mlen that we would help. When this Delaware. question was debated before I met in the Mr. C. A. BLACK. I move that the genstreets a wonlan cheaply though respecta- tleman from Delaware (Mr. Broomall) bly clad, who carried in her arms a load have permission to proceed. of men's vests, which she had doubtless The question being then taken, a divispent many an hour over to the profit of sion was called, and the motion was some man in the business, who doled out agreed to-ayes, forty-nine; noes, ten. to her the poor pittance she earned, only Mr. BROOTMALL. Mr. Chairman: I thank because he could not get a voter to do the the Convention for allowing me to rowork at the same starvation prices. Now ceed, and I promnise that I will be very I would ask if the devotion to women, brief. Now, as I said, all these profeswhich has been so often spoken of during sions of devotion to women, I am afraid, the progress of this debate, extends to apply simply to women of the gentlethis class of our community? I am afraid men'sown imlaginations-the painted butnot, but it is this class of women of whom terfiies who are supposed to be kep)t ill 648 DEBATES OF THE costty glass cases, and watched by inen gentleman from Centre, it certainly would for fear, it' they should step outside, they be so. He wouldi make it, at least, politiwill soil their wings. I have a great deal cally dead. Suppose the gentleman had of respect for women, but not for that half a dozen children going to school, and kind. They want no votes. They deserve he should die, leaving a widow, and ill none, and they do not ask for any; and his family an ignorant, drunken Irishgentlemen may safely say that they will man or black man. If the question arose do what the devotees who worship them of selecting and governing a school for the ask, and doubtless a great many of them education of his children, who should would not know what the word vote have the voice of the family on that quesmeant. tion, the mother or the ignorant emThese, sir, are all the arguments that ployee? I wonder if the gentleman have been advanced upon the other side would be willing to consent that the unit of the question, because the argument of is the family in that case, and that his the gentleman from Centre, (Mr. M'A1- wife, who is, doubtless, capable of judglister,) with a single exception, which is ing these things, shall have no voice in a fallacy, was in favor of women voting. the education of her Own children, but These, I say, are all the arguments, with that a drunken servant shall succeed to the exception of that of the gentleman his rights over those he leaves behind from Erie (Mpr. Walker) and someothers. him. Such arguments as these amount And these may be summed up in the to nothing; there is nothing in thenm. words: "It has never been the law here- Why, in a great many places in this city tofore, and therefore it must not be here- there are boarding-houses kept by women after." This is the argument of conser- fully competent to attend to the business. vatism. It is nothing more than the rat- Who is the family there? A dozen men tling of the dry bones and the dead fossils board there, and twenty, thirty or fifty of humanity, while the car of progress women, but who is the family? Not the passes on over them and crushes them woman, because, according to the gentleout of the way. man's Bible, or the gentleman's version The gentleman from Centre, (Mr. M'A1- of it, no woman can represent the family. lister,) however, has a few ideas peculiar None of the boarders, certainly, because to himself, which are, perhaps, well they are not in a position to be the head worth noticing. He founds the right of of tile family. Again, who represents a man to govern upon the Bible. No man -woman who has neither husband nor faimcan claim a greater respect for that book ily? But all this is, of course, outside; it than I, but there never was a time in the is mainly what I said the other day, and history of the world when the cause of I pass on. wrong seeking to have its way over right The gentleman from Centre (Mr. MI'that it did not find some passage in the Allister) says voting is the natural right Scriptures to pervert for the purpose of of man. Now the gentleman from Erie, sustaining its arguments. Mr. Chairman, (Mr. Walker,) in whose legal opinions I you know that, for you have heard these have a great deal of confidence, says votargumnents upon other floors than this. ing is not a natural right at all. This IArguments of this kind may unsettle the shows that even the garrison of this citaminds of the people in their respect for the del of wrong, weak as the ammunition Bible itself, but they never can convince. has become, do not all agree in the manWhen you show me one single conclu- nor in which it shall be used. 1 are.e sive argument in the Bible in favor of un- with the gentleman from Erie that voting fairness, injustice and cruelty, I will is not a natural but a conventional right, show you an argument that will make made to secure natural rights; but I demore infidels than all the Voltaires and ny that he has any authority to limit that all the Paines ever wrote. conventional right to one sex, unless he The gentleman from Centre (Mr. M'A1- can show that the other sex does not need lister) has the peculiar notion of a family it as much as the one. When he can being a political unit and the husband show me that a woman can preserve her being that family. I hardly think it ne- natural rights by lia'ss means than a man cessary to reply to that argument; but can preserve his, then I will agree that suppose I should die, who then would be that is a reason for not giving woman the political unit in my family? In that this conventional right. But if it is a case would my family also be dead? natural right, accordingto the gentleman Why, according.to the argument of the from Centre, where is the authority for CONSTITUTIONAL CONVENTION. 649 limiting it to man? I thought, in my "Having within two years, and at simplicity, that the natural rights of We least one month before the election, paid sexes were equal. I doubt whether a a State or county tax, which shall have single gentleman upon this floor will been assessed at least two months before maintain anything else, and when once the election." you establish the natural rights of the sexes as equal, and when once you estab- The CHAIRMAN. That is the questio lish that the political head of the family before the committee, and the Chair will is the man, an individual, and not the repeat that, while he has permitted a famuily, why, sir, you turn all the argu- great deal of latitude in the two gentlemen who have spoken this morning, he ments of the gentleman from Cnentre sqcuar~e over on our sicde. will now try to confine gentlemen who speak, after this, to the question, or nearly One word more and I will conclude. I to it. would think myself disgraced if I could rise upon this floor and say that I am Mr.WHERRY. Mr. Chairman: We have afraid to let a woman do thus and so for had this morning a great deal of fine spun fear she should do something that is not theory about human relations, governrespectable. I would feel myself dis- ment organizations; about what are and graced if I could argue this question on what are not natural, inherent, inalienable that ground. I am willing to throw the rights Nowsir, thisisllniceenogh for doors open to both sexes, and most as- speech-making,butit has very little bearsuredly would I ask woman to go where ing on practical affairs. Fine sentiments wrong is, because where wrong is it will and finely sifted conditions never yet disappear before her advent. WTho ever brought liberty and good government to heard of a woman attacked in a lnob? any people. If they had, if they could, Who ever heard of a drunken crowd of France oughttobethe bestgoverned nation men that did not yield, in dumb silence, in the world instead of being, as she is, the to the passage of one single woman? I worst governed. Republics are not built never did, and nobody else ever did. upon propositions laid down by social The gentleman from Philadelphia (Mr. science associations, but upon the one Gowen) is right when he said that the broad principle of common defence against voting of women would purge our elec- common dangers. Human nature is too tions; and when I am askled to continue complex in its relations; our knowledge this tutelage over women, to have themn of it far too limited and imperfect; there guarded and hedged around by legal dis-many eccentric movements; too abilities, lest they should not be suffi- many wheels of imperfect cast; too many ciently careful of their own dignity, I irregular and broken cogs for us at this must protest that gentlemen, who express age of the world to hope to make a govthis want of confidence in women, must ernment machine as delicate and accu limit their charges to the women of their rate as a Geneva watch with hair pivots own constituency, and not apply them to and jeweled bearings. the women whom I represent. The "For forms of government, let fools contest, women with whom I associate are not of What's best administered is best." that character. They are women capable Mr. HOWARD. Mr. Chairman: I do of being trusted wherever their goodj udg- not intend to inflict a long speech upon inent directs them to go, and wherever the Convention, and in the few remarks they go you may be sure they will be that I have to make I will try and consurrounded by a halo of fairness, of right, fine myself to the question. And to get at of justice, of sobriety and of equity, before it straight, I will say in the beginning which all that is corrupt, and foul, and that I should favor inserting a clause that wrong will disappear. before a man isfully qualified to become an elector he shall pay a small tax. I think The CHAIRAMAN. Thle Clerk will read it is right, as a matter of principle, that the amendment that is before the com- an eletorhould be boundbysome ties to mittee; and the Chair will state that he the State. I believe that the electorlooks is compelled to keep gentlemen, d s iho upon it as a privilege, and not as a burcontinue this discussion, within the sub- then, that he shall be permitted to pay ject embraced in the amnendment. something toward the support of his govThe CLERKc. To insert, after the word ernment. Though it may be but very "election," in the first sentence of the first little, and if he is poor and can contribute section, the words: but just the widow's mite, he wants to G6j;0 DEBATES OF THE contribute something to support that gov- given to man alone, that, of course, the eorinent that protects him and his family. mn-n ought to have all the children. I do Now, sir, that is all the argument that not know whether the gentleman from I wish to make upon the direct question Centre so interpreted it or not, but it of the tax. Incidentally some other sub- would be just as sensible as the balance of jects have been introduced' here, and I his interpretation. desire to say right here, Mr. Chairman, "God created man in His own image, in that I do not want the Convention to get the image of God created He him; male alarmed for fear I am going to branch out and female, created He them. anCd go all over the creation, from the time And God blessed them, and God said {,f Adam down to the present day. But, unto them: "Be fruitful and multiply, sir, I believe that whatever we say here is, and replenish the earth, and subdue it, some how or other, going to get abroad and have dominion over the fish of the amnong the people. Here I see these report- sea, and over the fowl of the air, and over crs; they are taking notes, and no doubt every living thing that inoveth upon the thfey intend to print them. And, sir, there earth." is ~no doubt that from us the people will ex- Now, sir, there is the first right of govpect good, sound, civil law and political ernment that was ever given to man, and law; andif we intend tonmeddle with natu- it is given to the male and the female ral law, they expect us to understand natu- jointly. -al law; and if we touch the divinelaw they':And God blessed themn, and said unto expect us to understand the divine law, them" —said unto them: "Be fruitful, a:d to give them the Bible as it is. Now, and have dloinion over the fish of the fMTr. Chairman, I for one am not in favor of sea, and over the fowl of the air, and over rcading the, ten commandmnents, as was every living thing that moveth upon the the thief, who first read the command- earth." meont "Thou shalt not steal," and then That government was given jointly said, "I move to strike out the word Now, sir, if we are to have bible law, I do'not,' " when it read "Thou shalt steal." not want it to go abroad to the people of A\nd when the commandment said "Thou this Commonwealth that this great Conshalt not commit adultery," the adulterer vention that comprehends within itself, s;iC, "I move to strike out the word as some of the delegates have said, the'not,' " an then it read just to suit him. brains, and intelligence, and wisdom of L heard the Bible read by the gentleman the Commonwealth, cannot read the Bible from Centre, (,Mr. M'Allister,) and I sup- better than the delegate from Centre. But pose it was for the purpose of proving, no let us read a little further. The gentledoubt, that the act of voting is a natural man uses the term man and then makes:I ight, but it was perfectly applicable to it out that that is the male, although the the subject under discussion now, and if term man in bible logic means both mnale wN-e did not fully comprehend it, it was be- and female. cause we did not take in the entire scope Mr. M'ALLISTER. WVill the gentleman of this mighty field that is before the Con- allow himself to be interrupted? vention. Mr. HowARD. Mr. Chairman: CerWlVhy, unquestionably, when dominion tainly. was given to man over everything, the Mr. M'ALLISTER. Mr. Chairman: I great subject included the right to tax. desire to ask the gentleman if he knows Thlere is no doubt about that, and in that what the Scriptures declare to be the head sel:lse it is a perfectly legitimate subject of of the wife? debate. Now, sir, it is a very good plan Mr. HOWARD. WVhy, her own head, I whenever we read the old book to read it alwaysthought. [Laughter.] aright. Now I want to read just a few Mr. M'ALLISTER. Mr. Chairman: I verses, and then I willbe willing to stop. would ask the gentleman if he knows "God created man." I read this be- whether the Scripture says "man is the cause I suppose it has something to do head of a woman, as Christ is the head of with the question of taxation, and I shall the church." -make it specially applicable to the decla- Mr. HOWARD. Oh, you are getting too ration of the gentleman from Centre. high for me [laughter.] I am going to I And God said unto man be fruitful stick to the subject. and multiply, and replenish the earth." The CHAIRMAN. The Chair must reI suppose the point-the subj ect matter of mind the committee that the question is all that is to show that the command was upon taxing the elector. CONSTITUTIONAL CONVENTION. 651 Mri. HOWARD. Mr. Chairman: I am squarely separated. If I were going to discussing that question. I say when do- discuss the question, I should say that mninion was given to man over every liv- men originally were all sovereign, and it ing thing that it included the right to tax, did not make any difference whether they and of course the gentleman from Centre were born in the United States or in any understood this subject. other particular country. Sovereignty is Now, sir, a little further: impressed upon man by his Maker, and "And God said: Behold, I have given it is just as strongly impressed upon woyou every herb bearing seed, which is man. It is impressed upon the child the uponthefaceof alltheearth,andeverytree moment it is born, and that sovereignty in which is the fruit of a tree yielding inheres to it while it lives; that is someseed; to you it shall be for meat." thing that cannot be taken fromn it. It is Now, sir, does that miean "meat" for what is said to be inalienable. A man the male? Does it mean meat for both, may be sovereign and not a citizen; or he or was the man to eat it all and the wo- may be a citizen and not have any of the man was not to have anything? Now I rights of an elector at all. The rights of do not understand the Bible to mean that an elector, or the privileges, are conferred a man was to eat it all, and leave nothing upon him by society, and when this privibut an empty platter for the woman. lege is conferred upon him it becomes a W~ell, now, read a little furtlher: right. It is not a "natural" right nor a "And to every beast of the earth, and " civil" right, but a political right. to every fowl of the air, and to everything nVith these few words I will close mv that creepeth upon the earth wherein remarks on this subject, merely observthere is life, I have given every green ing that I have not intended to appear herb for meat." It is to given to both of learned; that I wished to avoid. them. Mr. WVoRRELL. Mr. Chairman: I unNow, Mr. Chairman, as far as the scrip- derstand that the provision now before tural argument is concerned, I only desire the committee is urged, firstly, as a means to call attention to the fact that, in the of identification of the voter; and, secfirst ordinance of government, (and the ondly, because the exercise of the right gentleman from Centre, in considering of suffrage should necessitate some contrithis question of taxation, went back to bution to the expenses of government. the very first point where democracy orig- Now I submit that as the payment of inated, the very first start of the thing,) the tax can be made for the voter by sonime it started right there in the gard en of Eden. one other than himself, and that at the " Male and female created He them," and timne of payment no inquiry is authorized, lie gave them the dominion over every- nor ever instituted, as to the identity of thing that liveth. The first denlocracy the person making such payment with was here organized, and the government the one upon whom the tax was assessed, was conferred upon all the people —man that such payment can not be an adjudiand womlan-by God himself. cation of the'identity or other qualificaNow, Mr. Chairman, I have made all tion of the party presenting the tax rethe speech that I consider legitimate upon ceipt. The possession of a tax receipt can this question. I am in favor of inserting determine nothing other than the prea clause, as our fathers have done before sumption of the payment of the tax, unus, that there should be a very small tax less the law prescribes some regulations in order to qualify a nman to be an elector, requiring such payment to be made by and I shall not consider it in violation of the voter personally, necessitating, of his original sovereignty, nor shall I dis- course, a quasi judicial examination by cuss that other great question, as to a nat- the receiver of taxes, with proofs and ural right in society, that is not a natural counter-proofs, into the identity of the right out of it. I am. not going into the party tendering payment with the one discussion of those great fundamental upon whom the assessor or canvasser principles, but in a great body like this made the assessment. it is a bad thing for us to be making a Upon the second point I desire to say witches' cauldron, and getting natural that "government is the manner in which rights and original sovereignty, and civil sovereignty is exercised." Government rights and political rights, all put into a is created by those in whom the right grand hotch-pot, until we do not under- of suffrage inheres. All powers, Execustart d exactly how to pull them out of the tive, legislative and judicial, belong, origipot. I like to see them all fairly and nally, to thepeople, andl we have met here, 632 DEBATES OF THE representing the people of this Common- in a short time complaint has been made wealth, to vest, by their authority, in cer- in two different sections of the country, tain departments of government, now ex- that a provision of law, similar to the isting or to be created, the exercise of amendment; now pending, that the paythese powers, in such manner and by such ment of a personal tax should be a preofficers as the organic law may provide. requisite of voting, has been so adminisAnd I assert that this surrender of power tered by assessing a tax excessive and not only establishes the right ot; but im- exorbitant in amount, as to practically poses the duty upon, all who, joined in disfranchise a large body of electors. this delegation of authority, participating It is alleged that in one of the States of in the selection of the officers by whom our Union the poll or voting tax was fixed the functions, thus resigned, are to be ad- at ten dollars, and the Constitution of that ministered. The moment government is State requiring an elector to pay a poll tax formed certain obligations are imposed before exercising the elective franchise, the upon each member of the community, Constitution actually denied the right it among othersto contribute to the expenses was created to protect and secure. I trust of government, if such contribution be ne- that this Convention will not place such cessary, and to bear arms in the event of a clause in the fundamental law of Pennrebellion or invasion, and the liability to sylvania as may, at some time, through perform these duties, not the performance the demoralization of party politics, be oI them, is the consideration for the exer- used to disfranchise a great number of cise of the right of suffrage. honest and intelligent, but poor, electors. It is argued that this tax qualification is Again, the payment of the tax for the necessary, because in a republican form of voter destroys, to a great extent, the ingovernment taxation and representation dependence which should attend the exmust be reciprocal. But if I understand ercise of his right. Political parties will this political maxim aright, it means that cheerfully pay the sum demanded and no tax can properly be assessed and col- thus control the elector for party purposes, lected unless those who are required to abridging the intelligent freedom with pay the tax were represented in the body which the elector should discharge the which imposed the burden. To be taxed, highest duty of citizenship. one must be represented, but to be repre- The imposition of a tax, as a qualifica_ sented, one need not necessarily be taxed. tion for suffrage, upon those unable or I desire now to advert to a few practical unwilling to pay such tax, places them objections to the adoption of this amend- under the direction of that political party ment. The payment of tax has never which will make the payment for them; been made a test of the identity of a voter, and the authority and restraint which a for I venture to say that in not more than political party will exercise over an elecone case in ten has a voter, upon present- tor under such circumstances might, in ing his ballot, been required to tender some instances, defeat the proper expreshis tax receipt for scrutiny and approval. sion of the popular will, for it may hapAnd unless the Constitution shall require, pen, at some time or another, that the imperatively, that every voter shall make most important election in this Commonproof of the payment of tax, this amend- wealth may be decided by a majority of ment, if adopted, will fail as a criterion of a few votes. qualification, and will become only a I am of opinion that the exercise of the means of petty annoyance and emrbarrass- right of suffrage should be as free and unment. embarrassed as possible. No restrictions This tax, if collected, is utterly insignifi- should be imposed except those which cant in its aggregate, and is unnecessary the purity of the ballot-box demands. I for the purposes of government. have listened with earnest attention to The Governor of this Commonwealth, in the remarks of the distinguished gentlehis recent message, stated that the reve- men who have advocated the adoption of nues of the State are now so large that this amendment, but for the reasons I some of the laws assessing taxes could have given I feel constrained to vote in fitly be repealed. This tax being of a the negative, and to place those re sons personal nature, and therefore the inost upon the records of the Convention. objectionable, as well as unnecessary, can Mr. MIINO-R. Mr. Chairman: Upon with great propriety be abolished. this subject now before the committee I My attention has been called to the have, I confess, listened with interest to fact, through the public press, that with- all that has been said. There is no doubt CONSTITUTIONAL CONVENTION. 653 that if we look merely at the theory of of course, reduce it to the lowest possible this proposition-the mere statement of minimum. Therefore when thistax shall it-it would seem that there is force in the have been paid all over the State, there amendment now offered. The design, if will have been just as little paid as it is I understand it, is to so order things that possible to pay in order to vote. Does that there may be greater purity of elections result encourage respect and admiration in this Comnlnonwealth, and better pro for the right of suffrage? Does it give a tection for the honest and interested vo- man an enlarged and patriotic interest in ter; and also that the person being an our institutions? Does he not rather look elector might, through the medium of upon it as a mere petty affair, something this slight tax, be the more. interested in, so insignificant as not to have any, or and identified with, the State and its af- scarcely any, practical consideration exfairs. But, sir, upon Listening to and re- cept the trouble which it costs him to exfiecting upon what has been said on the ercise the right? I shall not dwell further subject, it seems to me that the practical on this point, but coine at once to another working of this amendment will be di- and one of the most serious objections to rectly the reverse of what is intended to this tax. Will not this be the practical be accomplished by the amendment. Let result, that instead of afflrding protection us look at it for a moment, for while it to the ballot, it affords simply the means mnay be beautiful in theory and excellent of corruption? According to this amendin design, it is deplorable in practice. I ment, if I understand it correctly, the wvillcitejustoneillustration: Inconversing tax is to be assessed two months in adwith a person who has been in this Com-. vance and paid thirty days in advance. monwealth as long as my friend from Erie That tax may be small, as indeed it al(Mr. Walker) the other day said he had, ways will be. What will be the effect of for nearly five generations, I asked him it? Why, sir, the politician who desires to what his observations and experience on control fifty or one hundred votes in his the subject of this tax were. He told me election district comes and looks over that the tax amounted to mere humbug, that list and pays the five, or ten, or twensimply because men who have no pro- ty cents for the fifty or the hundred whose perty are assessed for some nominal arti- votes he may need, without their request, cle which they do not possess, and upon without even their knowledge; what folpayment of the nominal tax-perhaps lows? He has got the tax receipts, and twenty-five cents, perhaps thirty-or, per- when the men come to vote and they find haps, no more than five or ten cents, they that this man has paid their tax, they will would have the right to vote for two years. no longer feel independent, and the conAnd it was regarded as "a miserable piece sequence is, that so far as that can influof business" for the Commonwealth of ence the voter the politician has secured Pennsylvania to make a man come up and him. Everybody understands that if one pay such a tax. It was too small to give man steps up and pays a little money for anybody any interest in the matter. The another, and saves that other the annoymembers of this Convention coming, as ance and trouble of the transaction, the they do, from all parts of the State, doubt- fact establishes a sort of influence over less understand the bearing of this argu- the man whose debt has been paid, and ment. They know that when men come unless he is a man of very decided convicto reside in this State, and on presenting tions, he will yield in the nmatter of his themselves for the exercise of the right of vote to the wishes of this " disinterested" suffrage, are asked the question: "How friend. So that this tax clause becomes, much property have you got?" and they in reality, an advertisement to all the poliare obliged to answer, "very little," and ticians of the State, and advises them that are then taxed five or ten cents; it belittles there is one way in which they can get an the value of the right of suffrage in the influence over a man, and in such a way estimation of the people. I have known that even the man himself cannot prevent the tax to go up as high as forty cents, but it. even then this question seems pertinent This then becomes a question of very here: Whether we shall, in a solemn Con- considerable importance. Is it not true, stitution, place a provision that in practice sir, that in every election district, wherworks out as this does? ever the disposition exists to exercise it, When, in the business of levying taxes, a man can, through this tax, get an inthere is no limit to the amount, no fixed fluence over another man, and prevent rate being named asa standard, men will, his acting independently at the polls? 654 DEBATES OF THE That being so, where is the "protection?" gers in their respective wards or precincts, Is the purity of the ballot-box promoted, and who distribute them to their friends or is it not rather injured? If purity, without any money consideration, or else and protection, and interest in the State they sell them for five or ten cents apiece, is what we are looking for, let us approach (the tax being fifty cents.) Then we this tax question carefully. Will it afford find that the party which is not in power, any of the purity or any of the protection and therefore has no favors from the retalked of? Will it not, except, perhaps, ceiver of taxes, or rather its unscrupulous in very rare instances, produce very managers, who are mixed up in many of different results from these? Is not the the election frauds, go to work and have danger great? I think itis. printed hundreds and thousands of tax Let us fix the exercise of suffrage, if receipts, in blank, with no name signed possible, in such a manner that men may to them, and they distribute these to pervote for other men solely upon the merits sons like themselves, who will use them of the candidates. Let personal character in elections. We find further, that to be the basis of preference; and let us re- those blank tax receipts are actually apmove from the ballot everything that pended forged names of tax collectors would tend to corrupt it, or to influence and receivers; and upon election days we improperly the minds of those who exer- find that probably not one tax receipt out cise it, to the detriment of those who are of several hundred that are presented at thus influenced and to the greater detri- the polls are bonacfide tax receipts, or have ment of the State. had one cent paid in on their account to Mir. CAMPBELL. Mr. Chairman: I hope the city treasury. We find that these that no aulendment,re quiring the payment fraudulent receipts are issued by the unof any tax as a condition precedent to the ex- scrupulous managers of both political pa - e rcise of the right ofsuffrage,will be adopted ties. I do not mean here to intimate that by this body. Such taxes, whether large either political party is any better than or small in amount, discriminate against the other in this respect, as we find that the poor, and that class of people is by no certain unscrupulous politicians, who are means a small one. The poor are entitled in the rings of their respective parties, use to the right of suffrage as well as the rich. these receipts as the means of getting men There should be no disqualification from to cast fraudulent votes. voting by reason of the elector not having These tax receipts being thus distribupaid a tax. ted among the voters, the consequence is; I should like to call the attention of the that not one man in a thousand who precommittee to the abuses that exist in the sents a tax receipt has given any consi deracity of Philadelphia under the present tax tion for it himself. Such a condition of qualification. Instead of being a means things as that, leading to such an inaof preventing fraud at elections, this tax mense amount of fraud in our elections, qualification is one that directly tends to presents a practical difficulty of no slight increase fraud. From what has been said magnitude. at different times on this floor the mem- Mr. NILES. Mr. Chairman: I would bers who represent districts outside the ask the gentlemnan (IMr. Campbell) city will certainly acknowledge that we whether he thinks the elections of the have flagrant election frauds in Philadel- city would be any purer if the voters paid. phia. no tax? The practical working of the tax sys- iMr. CAMPBELL. Decidedly I do. If temn, with regard to elections, in Philadel- there is one thing we want to get rid of inl phia, is this: W7e have a receiver of taxes; Philadelphia it is the systemlatizead busisometimes lie is of one political party,solne- ness of election frauds, and one of the times of another; all taxes are presumed to most prolific sources of these frauds is bepaidtothat ofiicer. WVefindthat ashort the tax receipt system. If we do away time before the election there are hundreds, with the tax receipt system —the absurod1 and thousands of tax receipts issued by provision which requires a man to pay a authority of the receiver of taxes, and fifty cent tax, which, in reality, he does those tax receipts are in blank, except not pay, and which places a qualificationl that they are signed by one of his depu- upon the exercise of the right of suffrage, ties or a clerk in his office. These re- which is, in nearly every case, a nullityceipts are distributed in hundreds and our elections will be greatly purified. thousands to certain favorites of the tax Hence I have called the attention of the receiver, who are, perhaps, political mana- committee to this great evil in Pliladel CONSTITUTIONAL CONVENTION. ~55 phia that -we wish to remove. By doing cise the elective franchise, or do their away with the tax qualification, standing duty until they are corrupted by so'meby the report of the Committee on Suf- body. So long as thisbeso, constitutional frage, as presented to this body, it will legislation will be vain. But, gentlemcrl go a great way towards reforming elec- say it is such a miserable little thing —pyn — tions in this city, and if you reformn the ing a tax of five cents in order to vots. elections in Philadelphia a natural conse- There is nothing that is good or deisiriquence will be a reform in the elections ble that does not cost soimething. I think throughout the State. that the man who will pay a tax, even lif Mr. SIMPSON. MIr. Chairman: Allthat it be srall, better appreciates the privilege has been said in regard to tax receipts or the right than if he paid nothing. Iln will apply, -Nwith equal strength, to certifi- our county we have say as many as one cates of naturalization. Frau-hulent cer- thousand men, engineers, drillers, &e., tificates of naturalization have been is- earning three dollars to four dollars a day, sued all over this Commonwealth, and and who, although they have little or no the argument might be made that a man property, could control the election, but should be allowed to vote without a natu- would never pay a cent of tax. By retainralization certificate. ing this amendment they would pay into Mr. BEEBEL. Mlr. Chairman: I believe the county treasury, by virtue of the octhat the question of taxation in connec- cupation tax, not less than one dollar each; tion with representation has been dis- and again, by the return of the roll fuircussed here by gentlemen, irrespective nished by the county commissioners as a of the true principles that underlie it. basis for local tax levy, for mnunicipal or T'ihe amendment,which requires the tax township purposes, there would be a valIto be paid thirty days prior to the vote, able contribution to the public school tax.s was intended to do away with the evil of Not, however, for any of these refasolln fraudulent voting. Some gentlemen deem alone do I favor the amendment, but bethis tax anl improper one, as restricting cause I believe in taxation with represuffrage. But it strikes me, sir, that the sentation, and it affords also a basis fo"r principle involved is not to be disposed of correcting fraudulent voting. in that -wav. It would strike at the whole In conclusion, Mr. Chairman, let m1ne; system of taxation, if the views of our say that lie who exercises the electitve friend from Lancaster (Mr. Carter) should franchise should, in mny opinion, do somlebe adopted, for he says that there are men thing toward the organization, and supthere who have not sufficient interest in port and protection of society. the government to vote until their taxes Mr. CHARLES A. BLACK. Mr. Chairare paid, and he has known as high as man: I desire to state, very briefly, the twelve dollars of tax to be paid for one in- reasons why I shall vote for this amenddividual by another. There certainly are mlent. I regard it as very important, andl no taxes of this kind to be paid prelimi- should, in Iny judgment, be adopted by nary to voting, and the tax to which the the conmmittee. If but one-half of the gentleman alludes must be a tax on pro- charges alleged on this floor as to illegal perty. His views of things would lead to and fiaudulent voting be true, I think the conclusion that taxation itself-the somie further condlition or limitation upoI: very principle of taxation —must be abol- the right to vote should be imposed. The ished for the sake of purity at elections. section, as reported by the Coilmmittee oi Sir, if we are to endeavor here, by leg- Suffrage, Election and Repiresentation, islation merely, to purify the body politic, imposes no other condition upon the exwithout an intelligent and educated pub- ereise of this important right than "resilic sentiment, on the part of the people dence," thus omitting the tax feature as themselves, against corruption and in fa- containecl in the present Constitution. vor of honesty and purity of elections, we The motion is now to restore thre tax pro,shall labor in vain, and might as well en- vision, \with the superacldedl condition deavor to attain the whole end at once by that it shall be assessed two mnonths andt adopting a fundamental principle abol- paid by the voter one month before the ishing original sin. election. The able chairman of that comnAccording to the testimnony of some mittee tells us, in opposition to this tlogentlemen the whole heart of the people tion, that thle subject xwas very fully cornis corrupt, and not only is there a class of siclered ill commnittee, and thle section.rs persons who corrlupt the voters, but the reported, leaving out thie tax feature, was voters themselves are unwilling to exer- the result of their deliberations. T,-s 6-56 DEBATES OF THE fact is certainly entitled to great weight little effect either upon the voter or in the and consideration, but, of course, thejudg- management or control of our elections. ment of that able committee can at most I maintain that every person who votes have but an advisory influence upon us. at all should feel that he has some interest He attempts to deny the right of this Con- in the government, and I do not know vention to impose any. such condition on how this feeling could be better exhibited the right of suffrage; not, perhaps, on the than by the pyment of a tax, no matter principle of any natural right to vote, a how small it may be. This feature of the position that the most ardent friend of fe- section may not, in many instances, be so male suffrage in this body does not at- important in a financial point of view. tempt to maintain, but on the ground that The tax will often be small and apparently in an organized community the right of not worth the assessment and collection. suffrage is a natural social right, the exer- But the true value, to my mind, of the cise of which cannot be restrained by such section in this particular, as has been adcondition. The notion is perhaps plausi- verted to by the gentleman from Columble and ingenious, but hardly sound, and bia, (Mr. Buckalew,) consists in the sysmay have been adopted by the accom- tem of registration it will furnish. I plished chairman to escape the dilemma never could see much advantage in any of female suffrage, to which he is wisely, of the ordinary systems of registration, I think, opposed. But as a constitutional generally devised for some partisan end, question there cannot, in my judgment, and never, so far as lly knowledge ex-'be the slightest doubt as to our entire tends, regarded with much favor by the power to impose this condition, notwith- people. The cheapest and most effective standing the very able argument of the system of registry hereafter, or under gentleman. Forthe purposeoflegitimate this provision, will be the assessments, as alterations of the Constitution, amend- furnishing the most accurate and reliable ments that do not affect or impair the esx- evidence of the facts necessary to entitle ercise of any natural right, or that do not a person to vote. It involves the violation interfere with the conditions imposed by of no essential social or political right; the Constitution of the general govern- and as to any principle concerned, it is no ment, we may safely do anything that we great departure frointhe rule prescribed believe the people would do if it were by the present Constitution. Our power possible for them to constitute this body or right to impose this condition upon the instead of ourselves. This amendment is exercise of the right of suffrage of course therefore, in my opinion, but a matter of lmust be conceded, and it becomes, therepropriety, and the only question is, is it fore, a mere question of policy. In view right and proper, and will it command of the necessity for so me such limitation, itself favorably to the judgment of the and for the reasons I have given, I shall people. It will, to my mind, afford a vote for the amendment. I believe itwill very simple and valuable system of regis- go far towards remedying some of the tration-one as free from libability to evils of fraudulent voting, and hope the fraud as could be devised, and without proposition may be adopted. many of the objectionable features of Mr. ConsoN. I offer to amend, bystrikother modes. The tax-payer, before he ing out the word "one," and inserting can vote, will have to be assessed two "ten days," so that this part of the section months before the election. He will be will read, having within two years and at required to pay that tax one month before least "ten days before the election paid a he offers to vote, and it will thus stand as county tax." a matter of record. That will show the In offering this amendment, Mr. Chairvoter has fully complied with all the re- man, I desire to say that it seenms evident quirements of the law, in this respect, if the assessment is made two months beand will stare the officers in the face, and fore the elections that we would get the although it may be a forgery or be fraudu- tax in good time, and at least ten days belent, it neverthless will stand as a matter fore the election. There is no reason why of record, and furnish within itself the the tax should be paid thirty days before means of detection. It will thus formn a the election. If it is paid ten days prior very important feature in the perfection to the election it would be ample time to of our system of registration, secure all the money. 1 believe the maIt has been argued by the gentleman jority of this Convention are of the opinfrom Philadelphia (Mr. Campbell) that ion that about one of the wisest provisions the payment of the tax could have but in the old Constitution is this tax pro CONSTITUTIONAL CONVENTION. 657 vision, which the committee has seen fit of the age of twenty-one years, having to strike out, but the only thing about resided in the State one year, and in the which we differ at all is as to the time election district where he offers to vote when the tax shall be paid. two months immediately preceding the Mr. BROOMALL. Mr. Chairman: I hope election, shall enjoy the rights of an electhe Convention will vote down the amend- tor." My object in offering this amendlient. It matters little, as far as my own ment is to better arrange the grammativiews are concerned, whether a tax quali- cal construction of the section, by placing fication is made necessary or not, but it is the enabling clause and the disabling obviously important, in my opinion, if a clause together. It will be seen, by refertax qualification is imposed upon a voter ence to the printed report of the committhat it should be paid at such a time prior tee, that the disabling clause forms the to the election as to spare us from the de- seventh section of the article. Its posigrading spectacle of the buying and sel- tion, I think, is more properly at the end ling of votes at the polls on election days. of the first section. The election board Every one of our members who has ever should not be embarrassed by finding a attended elections must have seen the evil provision made in one part of the article to which I allude, and been convinced that every male citizen shall vote and in that the tendency is highly demoralizing. another place that he shall not vote. If It is there where Inen first learn to sell the disabling clause follows immediately their votes, and we had better do without after the enabling clause, s( that it will the tax altogether than to let it be collect- appear that every person convicted of ed so near the time of election, that par- any fraudulent violation of the election ties will pay the tax for the purpose of ob- laws shall be deprived of the right of suftaining the votes of those holding the re- frage, the section will not only be gramceipts. We had better do without the matically correct, but will afford the m.oney, and also the votes, than to en- proper means for the administration of courage this practice of the buying and law. selling of votes. I think the time of one Mr. WHERRY. MIr. Chairman: I think mIonth, which was inserted at my request, the gentleman has entirely misconceived is as short a space of time as is advisable, the idea of the seventh section of the and, in fact, I would rather vote in favor article, as reported by the committee. It of extending the time than of shortening has nothing at all to do witkl the right of it. the elector. If it is examined it will be The question being then taken on the ascertained that it is not a constitutional amendment to the amendment, a division sanction, but a legal legislative sanction. was called, and the amendment was not Therefore I submit that the gentleman's agreed to, less thanamajorityofaquorun motion is out of place in attaching a having voted in the affirmative. sanction to a section to which it does not The question recurring on the amend- belong. ment offered by Mr. Niles, a division The question was then taken on the was called, and the amendment was amendment, and the amendment was reagreed to; yeas, fifty-three; nays, sixteen. jected. The CHAIRMAN. The question is now Mr. KAINE. Mr. Chairman: I move upon the section as amended. to amend the section, by inserting, after Mr. IIIUNSICKER. Mr. Chairman: I tile word "district," the words " and paid offer to amend the first section, by insert- taxes." ting at the end thereof the following The question being taken onthe amrendproviso: ment, the amendment was agreed to. "Provided, Every person convicted of Mr. KA.INE. Mr. Chairman: I move to any fraudulent violation of the election amend the section, by inserting after the laws shall be deprived of the right of suf- words "having resided in the State six frage, but such right, in any particular months" the following proviso: case, may be restored by an act of the "Provided, That male citizens of the Legislature,~ two-thirds of each Hourse United States, between the ages of twentyconsenting thereto." one and twenty-two years, ha:,vilg resided I desire to call the attention of the Con- in the State one year, and in tile election vention to the fact that the first section, district two months, as aforesaid, shall noW under consideration, provides that: be entitled to vote, although they shall "Every male citizen of the United States not have paid taxes" 42 65S DEBATES OF THE Mr. KAINE. Mr. Chairman: That is commnittee had further considered the iefrom the old article of the Constitution of port of the Committee on Suffrage, Elec1838. tion and Representation, and had inMr. EWIN cG. Mr. Chairmran: The same structed him to report progress and ask amendment was offered here on Friday leave to sit again. last, but, at the suggestion of several of its Leave was given to sit to-morrow. friends, was withdrawn. It is not pertinent to and not necessarily connected FORFEITING CORPORATION CHARTERS. with this question. MIr. TURRELL asked and obtained leave Mr. KAINE. Mr. Chairman: The peo- to offer the following resolution, which pie who mnade and adopted the Constitu- wds referred to the Conmmittee on Railtion of 1838 thought it was right, and it is roads: right for us to have it inserted here. Resolved, That the Committee on RailThe amendment was agreed to. roads be requested to prepare and report Mr. DAL.LAS. Mr. Chairolman: I -.move an article for the Constitution, providing further to amend the section under con- that no combination, understanding or sideration, by striking out the whole ofnt by all between any railroad the proviso. companies, or by -nd between any coal Mr. NILES. Mr. Chairman: I move to companies, or between any railroad and amend the amendment of the gentleman coal companies, relative to increasing their from Philadelphia, by inserting in lien rates of transportation of freight and pasthereof the following:.sengers, or either, or relative to the in"1 Provided, That no 1naturalized citizen creased price of mining products, shall be,shall enjoy the right of an elector until cause for forfeiture of tZleir chartes; and he shall have resided in the State one the Legislature shall by law provide for year and in the election district two the proper enforcement of this section. months inmmediately preceding the election, nor until one month shall have CORPORATION CONTRACTS 5WITH THEl1 elapsed from the time he became a citi- STATE. zen." Mr. DALLAS asked and obtained leave Mr. DALLAS. Mr. Chairman: The mn- to offer the following resolution: tives that induced me to offer the amend- o?esolved, That the Comllittee ulpon ment, which I have offered in commlittee, Railroads and Corporations be instructed I think it roper thmat I should briefly to report how far the charters and privistate, that they may be rightly under- leges of existing corporations are in the nature of contracts with the State, and as States, which certainly, in this particu- such not subject to the provision upon the lar, is the paramount law for this Conven- subject which may be incorporated in the tion, provides that the Congress of the Constitution. United States shall have the power to establish uniform rules on the subject of r CoHtRN Mr. President I hop naturalization, this resolution will not, as it requests, be Mr. C. A. BLACK. Mr. Chlairman:l I referred to the Committee on Railroads ove that tle conittee rise, epot pro- and Corporations. It seems to rme that oveerise, repotro- this is a judicial question, and ought to go gress and ask leave to sit again, if the gen- to the Committee on J udiciary. I do not tleman from Philadelphia will give way to to the Committee on uiciay. do not such a mnotion. see why the Committee on Railways MIr. DALLAS. Mr. Chairman: I yield should lbe expectedto make a separaterethe floor to a motion that the comnml-ittee port on a question which is simply legal rise. and judicial. On agreeing to the motion that the corn- Mr. DALLAS. Mr. Chairnian: It is immittee rise, a division was called, which material to me to which committee this resulted: Forty-five in the affirmative; resolution is referred. thirty-one in the negative. The resolution was referred to the ConlSo the nmotion was agreed to. mnittee on Judiciary. IN CONVENTION. LOCAL FEMALE SUFFRAGE. The committee rose, and the President IMr. FINNEY asked and obtained leave pro tem., Mr. Walker, resumed the chair. to offer the following resolution, which JMr. LA)WRENCE, chairman of the com- was referred to the Committee oil Sufrnittee of the whole, reported that that frage, Election and Representation: CONSTITUTIONAL -CONVENTION. 65 Resolved, That the Committee on Suf- of suffrage as male citizens in all city, Irage, Election and Representation be in- county or township elections. structed to inquire into the propriety of Mr. PORTER moved that the Conveninserting a clause into the Constitution, vention adjourn, which was agreed to, and and to the people separately, permitting the Convention, at one fifty-five P. M., adiernale citizens to exercise the same right journed until eleven A. AM. to-morrow. 660 DEBATES OF TRY, FORTIETH DAY. TUESDAY, February 115 1f73. RESTRICTIONS UPON RAILROAD5& "rhe Convention met at eleven; o'clock Mr. LANDIS presented a petition of citiA. M. zens of Pennsylvania, praying for certain ayer as offed Re. M. restrictions against railroads, which was, referred to the, Committee on Railroads, JOURNAL. and Canals. The Journal of yesterday was read and- ROMIBITION. approved. Mr. MANTOR presented a petition of two PROHIBITION. hundred citizens of Pennsylvania, asking that an amendment to the ConstituMr. HAY presented a petition of James a the B. Fulton and others, praying for an tion be a ture and sale of intoxicating liquors, amendment to the Constitution prohibit- tr of intoxicating liquors, s which was referred to the Committee on ing the manufacture and sale of intoxi- L eating liquors, which was referred to the Committee on Legislation. FEMA1E SUFFRAGEo, Mr. WRBIHT presented a petition of one Mr. HOWARD presented two petitions hundred and three mothers and wives, of of citizens of Allegheny county, asking Luzerne county, praying for a constitu- that the right of suffrage be extended to tional amendment prohibiting the sale of women, which were referred to the Comintoxicating liquors, which was referred mittee on Suffrage, Election and Repreto the Committee on Legislation. sentation. Mr. WRIGHT also presented a petition LEAVE OF ABSENCE. of two hundred and seventy-three citizens Mr. PARSONS asked leave oi absence for of the same county, praying for a similar Mr. Metzger for a few days from to-day, amendment to the Constitution, which which was granted. Was referred to the Committee on Legis- Mr. BARCLAY asked leave of absence lation. for Mr. Henry W. Smith for a few days Mr. DODD presented a petition of citi- from to-day, which was granted. zens of Venango county, praying for an DELAYS IN PRINTING. amendment to the Constitution prohibiting the manufacture and sale of intoxipreamble and resolution,which were read: cating liquors, which was referred to the Committee on Legislation. WHEEAS, The printer for the Convention is under contract to furnish the DeTHE DEATH PENALTY. bates on the day after delivery, and the Mr. CARTER presented a memorial of a Journal on the day after approval, and is Committee of a yearly meeting of the so- not entitled to any compensation unless ciety of Friends, of Chester, Lancaster, he complies strictly with his contract. Bedford and other counties, praying that And whereas, Serious loss is likely to be the death penalty for crime may be com- entailed upon that gentleman if the Conmuted to imprisonment for life. vention shall insist upon its just and legal rights; therefore, Resolved, That unless the printing shall lMr. CARTER also presented a petition of be, at any time, more than one month becitizens of Lancaster county, asking that hind, the printer shall be allowed the conthe right of suffrage be extended to tract price, with an abatement of two per women, which was referred to the Comrn- cent. for any day any portion of the uaittee on Suffrage. printing is behind. CONSTITUTIONAL CONVENTION. 661 Mr. BROOMALL. I desire the resolution can do anything to facilitate the work and put on second readings and then referred business of the Convention, I think both to the Committee on Printing and Bind- time and money could be saved. I exing. amined the subject with some care beThe question being, shall the Conven- fore I offered the resolution, and I hope tion proceed to the second reading and therefore it will be adopted. Consideration of the resolution, it was Mr. MANN. Mr. President: I desire agreed to. simply to remark that the present ConThe PRESIDENT. The resolution is now stitution of the State has been already before the Convention, printed in the first part of our Journal, and in this form it is more convenient than it possibly could be if it was printed desire to say that, seeing the Debates only in bill form. up to the fifteenth of January, and re- The question being taken on the resolumerbering that at this late day they will membein that at this late day they willtion, a division was called and the resolube sent to the newspapers all over the be sent to the newspapers all over the tion was rejected, less than a majority o' State, and knowing how little use they a quorum having voted in the affirmative. can be to the newspapers at this time, I desire the Committee on Printing to look SESSIONS OF THE CONVENTION. into the subject, and see what remedy can Mr. HorPKINS. Mr. President: I move be devised. that the Convention proceed to the second The resolution was then referred to the reading and consideration of the resoluCommittee on Printing and Binding. tion I offered a few days since, relative to PI:ENrIINOG THE CONSTITUTION. holding two sessions per day. The motion was agreed to. Mr. KAINE offered the following resolu- The PRFSIDENT. The Clerk will read tion, which was twice read: the resolution. Resol ed, That the Clerk is hereby di- The CLERK read the resolution, as folrected to have the present Constitution lows, viz: of the State of Pennsylvania correctly Resolved, That from and after Monday printed, in bill form, and placed upon the next, the sessions of the Convention shall files of mem bers. be held from ten R'clock A. I. to one Mr. HAY. Mr. President: I can see 1r o'clock P. M., and TGrom three o'clock P. reason why this resolution should be IM. to five o'clock P. M. adopted. There is already a copy of the Mr. DALLAS. I move to amend, by present Constitution, which has been striking out "ten o'clock A. M.," and inprinted and laid upon the desks of our serting "eleven o'clock A. M.;" andstrikmembers. This resolution contemplates ing out "one o'clock P. M.," and insertthat it should be again printed at the ex- ing "two o'clock P. M.1 pense of the State. It seems to me it Mr. ARmSTRONG. Imovetoamendthe would incur an entirely unnecessary ex- amendment, by inserting "tea o'clock A. enses. RM." and "two o'clock P. M." It seems Mr. KAINE. Mr. President: That may to me, Mr. President, that until there is be all very well, and every member of, more work from the committees presented the Convention may have a printed copy to the Convention, that there will be very of the Constitution on his desk, but it is little use of holding two sessions a day. a mere pamphlet, printed in very small Mr. HOPKINS. I would have no objectype, and wholly unfit for ready reference. s to the modification of he resolun, The object of vthe resolution is have the tions to the modification of the resolution, The object of the resolution is to have the if it applied to three days in the week Constitution printed in bill form and Constitutio printed in bill form and I move, however, that the further considplaced on the file of members, so that cration of the subject be postponed. they can turn to it readily and see what be The question being taken, a division alterations or changes are necessary to be was called, and the motion was agreed to. made. I find great difficulty in examine Yeas, forty-seven; nays, forty-four. ing the Constitution as it is printed in this pamphlet before me. I think there LIMITING DEBATE. is very little objection that can be urged Mr. MANTOR. Mr. President: I move as far as the expense is concerned. If we that the Convention proceed to the second ti2 ~DEBATES OF THE reading and consideration of the resolu- into consideration. I am aware that there tion I offered yesterday. will be many questions which will come The motion was agreed to. beforethe Convention requiring more than The PRESIDENT pro tern. The Clerk twenty minutes for discussion; but there will read the resolution. will be a largb number of delegates who The CLERK read as follows: do not propose, as I suppose, to speak over Resolved, That no member of this Con- ten minutes on any question; but if this vention shall be permitted to speak for a time is enlarged upon, and every delegate longer time than twenty minutes on any is allowed to speak on every proposition question before the Convention. that comes before the committee of the Mr. MANTOR. Mr. President: In of- whole or the Convention, in the varifering this resolution I desire to state that ous sections of any report that may be it is not with a desire to restrict any mem- made, we shall have to sit here until ber of the Convention in the exercise of doomsday; we shall never get through. any right which properly belongsto him; Mr. LILLY Mr. President: I move to but we have been sitting here, from day amend, as follows: to day, and have consumed a whole week To strike out "twenty' and insert "ten," and to also make the amendment in discussing a question which has not applicable to the committee of the whole. yet been brought to a vote. I think it pro- appliable to the onmitee of the whole per to say that I have consulted with a number of members of the Convention with reference to this resolution, and they present reading of it, I believe the limitation of the amendment only applies to have expressed a variety of opinions in regard to the length of time that ought to the House itself. That such a restriction, be allowed to each member in debating if adopted, should be equally the rule for the committee of the whole, will, I think, the questions that may come before us.or discussion. Some have been in favor be apparent to every gentleman upon this for discussion. Some have been in favor f of twenty minutes, and others ten, fifteen and twventy-fiveminutes. Ihaveendeav- I desire to say that I make very few speeches here, and those few are always ored, in this resolution, to select a mebrief. There are veryfew speeches made dium, and have, thlrefore, suggested here that could not be made in ten mintwenty minutes. I have carefully examutes, although some of us may require ined this subject, and desireto call the at- utes, although some of us may require tention of the Convention to the time this twenty minutes. I believe every gentledebate, if not limited in sosme mnanner, man will agree with me,that short practical speeches are what we want. They accormwill require before our sessions are ended. shat plish all that can be hoped to be done on It is well known that twenty-seven comthis floor, and beyond this we should de-mittees have been appointed, and, ifttwenty minutes are allowed to each committee b h to debate any question that may arise, it beautiful language that we e had here at times, is what we do not want. We will be found, at the close of our sessions, each committee will have occupied nearly fiye hours time in discussion. The Co-n- sense, speaking to men of sense. And I believe that debate ought to be restricted, vention is composed of one hundred and thirty-three delegates; so that if each gen- beause, without such a condition, wewil not be able to finish our w(,rk in a short tleman avails himself of the opportunity time, and submit to the people the result afforded in this resolution, it will reof our deliberations, for which they are quire. one thousand one hundred and ninety-seven hours to debate any one looking. question; and if the sessions of the Con- Mr. DUNNING. Mr. President: I do not vention are continued as they are now, ar- propose to occupy many minutes upon ranged from the hours of eleven A. M. this floor at this time to two o'clock P. M., it will be found that Mr. HAY. Mr. President: If the genthree hundred and ninety-nine days will tieman from Luzerne will allow me toa be required to complete our work. It interrupt him, I desire to offer an amendseems to me, therefore, that the time has ment, which will, perhaps, give him a arrived when we should take this matter better opportunity todiscuss this question - CONSTITUTIONAL CONVENTION. 663 Mr. DUNNING. Mr. President: I prefer touching the re-organization of the judinot to yield the floor for the introduction ciary, of the legislative branch, of the Exof another amendment. ecutive branch, and the proper limitations It strikes me, that fro3m the limited to be placed upon those who exercise the number of gentleman who have already functions of these several branches, can spoken out of our whole number-one be advantageously or adequately considhundred and thirty-three-I believe it is, ered and decided by any gentleman here if the arithmetic of the gentleman from upon a five or ten minutes' argument? Crawford (Mr. lantor) be correct; I have If there is any body ever convened which not gone into details myself to ascertain- is entitled to the freest and fullest convery few gentlemen on this floor have sideration upon every question which can spoken for more than twenty minutes in be presented to them, it is a body orthe discussion of any of the questions that ginized for the purpose of d ecidi ng upon have come before tbis body. There are, what shall be the fundamental law of the indeed, a very few gentlemen who have Commonwealth. spoken here a much longer time, and, if We have not all tha faculty of condenI.am not mistaken, the gentleman from sation as my friend from Carbon (Mr. Crawfclr, himself, occupied about an Lilly) and my friend from Delaware (Mr. hour the other day at one time. Broomall) have. It does not lie within Mr. MIANTOR. Mr. President: I desire the compass of the human intellect to be to correct the gentleman. I have made all alike. We cannot all be alike conno speech in this House to exceed ten densing. Therefore it may take longer minutes. time for me and for other gentlemen to Mr. DUNNING. Mr. President: I was express such views as may occur to us, so pleased with the gentleman's remarks and which we have a right to present for that I thought it was impossible that they the consideration of our fellows. I say could have been delivered in so short a we may not be able to present them in as space of time. I stand corrected. concise and condensed a form as other I hope, if this resolution is to pass, that gentlemen may. Shall it be said of a it will be so amended that a single objec- body such as this, composed of what are ticn may not prevent any gentleman that supposed to be, leaving out of considerahas in his possession certain important in- tion and observation all personal conformation that he desires to give the Con- siderations, a body of men who are supvention from so doing. If it could be so posed, and justly supposed, to be the fair nmodified, I would vote for the resolution representatives of the intellect of the cordially. State, that they shall set bounds to our Mr. DARLINGTON: Mr. President: I discussion upon the important subjects hope this whole thing will be postponed, that are and will come before us? Wiill and I make that motion, to postpone it my friend from Philadelphia (Judge indefinitely. I make that motion because Woodward) undertake to make all the I do not think that setting a limit upon the argument that is necessary upon the hiscussion of questions beforethe Conven- judiciary question in ten minutes? Will tion is comportable with the dignity — my friend from Lycoming (MAr. ArmMr. LILLY. Mr. President: Is this strong) attempt to do it, or any other motion debatable? gentleman who is upon that committee or The LRESIDENT. Certainly. It brings interested in that question? Will the up the whole question. friends or the opponents of any measure Mr. DARLINGTON. Mr. President: I touching corporations, in this Convendo not think that setting a limit upon the tion, be satisfied with a five or a ten right of suffrage is consistent with the minutes' argument for or against it? I dignity and honor of this Convention. I think, sir, you must leave something to think we were not sent here for the pur- the fair and reasonable judgment of each pose of deciding these important questions member, as to how long he ought to that are to be considered here, upon five speak. You should leave something to Gr ten minutes' argument ordebate. Does the judgment of every gentleman upon any one suppose that the important sub- this floor. It is not for me to set bounds jects that are yet to come before this body, to the argument of any other gentleman 6iat DEBATES OF THE who thinks he has that in him which he atnd not listening. But if you adopt this should submit to us, and it is not for rule, and the same rule prevailed, I beothers to set bounds to me. I do not sup- lieve, in the Illinois Convention, where pose that T can do more to enlighten this upon every question, either in committee body than any other man, nor near as or in the Convention, all speeches were much; but I do believe that what I have limited to ten minutes; and a student to say, by way of argument, to any gentle_ can take up the book of those debates, man of this Convention may require more and can read and understand clearly than five or ten minutes to make myself what was the point under consideration; fully understood. but if we are to allow every member on Upon the grounid, therefore, that this this floor, the whole one hundred and proposition is one which it is not fit for a thirty-three members, to speak more than body like this to impose upon itself, I twice upon every subject in the commitwill vote, and I hope the Convention will tee of the whole, and to speak as long as vote, in favor of its indefinite postpone- he can, and to speak once again in the ment. Convention, we will get done about in Mr. HUNSICIER. Mr. President: Ihope time for the Centennial exposition if we the motion to postpone indefinitely will have luck. I theremore trust that this not prevail. This Convention is as fit to- Convention will to-day decide this quesday to handle this question as it ever will tion. be, and let me say here that we have now Mr. CoRsoN. Mr. President: I hope consumed six or seven days of session that the motion of the gentleman from without having accomplished any practi- Chester (Mr. Darlington) will not prevail. cal good. We have discussed female suf- And I hope also that the motion of the frage. We have discussed the creation of gentleman from Carbon (Mr. Lilly) will the world. WVe have discussed every other not prevail. I have made a careful calcuqluestion within the limit of discussion, lation how long it takes to make a speech and it does strike me that we have a in a Constitutional Convention. 1 have right to presume that members of this ciphered it out and am prepared to state, Convention know something, and that a from a careful general average of all the person is not to come into this body to speeches that have been made in the make buncombe speeches. I do not United States, that it takes just twenty mean to charge that any member has minutes; five minutes to collect the afmade buncombe speeches, but I do mean flatus or the "irspiration," as my disto assert, particularly, that any gentleman tinguished friend from Montgomery (Mr. on this floor can condense all he has to Boyd) would express it; five minutes for say into at least a twenty minutes' speech. the hard logic of facts; five minutes for We do not care about his going off to the buncombe and for constituency, and five creation and then to come down to the minutes for peroration for posperity to question under consideration. Let each read. [Laughter.] That is long enough. gentleman state his propositions clearly I go for twenty minutes. and distinctly, and if it should be dis- Mr. WooDWARD. Mr. President: Alcovered that he could not properly ex- though I afil the longest member of this plain himself, and that the subject is too body, I believe I make shorter speeches great for a twenty minutes' speech, then than any one else. I do not believe that this Convention would unanimously ex- I have occupied twenty minutes of the tend the time. And when an important time of this Convention since we met. I question comes before this body I have certainly have not in any one speech. But no doubt that the Convention will suspend there will come a time, in our delibera - the rules in the case of a particular meni- tions, when 1 shall be in favor of some such ber and allow him to go on. But this resolution as the gentleman from Crawresolution springs up to-day before us, ford (Mr. Mantor) has offered. I think growing out of the necessities of our it is premature, and therefore I will vote situation. We meet here at eleven o'clock for the motion to postpone. There are and we adjourn at two. A member will some subjects yet to come before this boJdy get up to discuss a proposition, and all the vastly more important, much further other members will be reading or talking, reaching, than any that we have yet esn CONSTITUTIONAL CONVENTION. 665 tertained. Here is myfriend on the left, these subjects shall have been fully disthe chairman of the. Judiciary Committee, cussed, when it will be very proper and (Mr. Armstrong,) who is maturing a re- expedient to limit debate. port upon that important subject, and I I once heard Speaker Colfax say, that venture to affirm that, with all his pow- when the revenue bills were under coners of condensation-and I do not know sideration in the House, where speeches any gentleman whose powers are greater were limited to five minutes, the best -it will be impossible for him to present speeches that he had ever heard in that his views upon the amendments which he body were those five minute speeches. proposes to introduce in less than an hour; But they were upon revenue bills, conand if you limit and restrict him to twenty taining a great variety of items, and a minutes you do great injustice to the sub- gentleman could utter all he had to say ject, to him and to the public. upon a single item in five minutes, and As to the suggestion which some gen- because he was limited to five minutes tleman has made, that there will be he would speak, as the gentleman from unanimous consent in such cases for gentle- Carbon (Mr. Lilly) desires us ai to men to speak for more than twenty minu- speak, directly to the point. Therefore, tes, I would simply say that it is not safe five minutes upon such a bill was suefto commit the rights of any member to five minutes upon such a bill was suffithe fancies and caprices of a single mern- cient; but the man has never been ber upon this floor. There will doubtless orn who can discuss the subjects of the be plenty of gentlemen who will obect to judiciary or railroads of Pennsylvania in be plenty of gentlemen who will object to v five, ten, fifteen or twenty minutes. He sus)ending the rules. And what will be ust have time and therefore I trust the consequence? The ox that treadeth mtifor out the corn will be muzzled, and the in- this r tion will not be forced upon us telligence of this Convention, of which the at this time. I say there willcome a time gentleman from Chester (Mr. Darling- when I will vote for the limitation of deton) always boasts, will not be enlight- bate; but at this time I think it will be ened by such reflections and suggestions premature, injudicious and unjust. I as gentleman have prepareti d for the Con- trust, therefore, the subject will be postas gentleman have prepared for the Convention, when they have an opportunity poned to submit them. Mr. LILLY. Mr. Chairman: I merely This miserable subject of woman's desire to say that I think it only requires rights, that has been entertaining us for a a majority of the Convention to allow a week or ten days, is to pass away, I trust, member to continue speaking after his and we will get at something that is more time has expired. I do not know of any worthy of one hundred and thirty-three rule that says there must be unanimous men tothink and talk about. If you are consent given, but that a majority of the going to muzzle my friend (Mr. Arm- Convention can extend the time. I have strong) and other gentlemen who will no doubt, in cases where it would be exhave to speak upon these subjects, great pedient, the time wouid be extended. Any injustice will result therefrom. We have gentleman can speak heyond the rule by the subject of legislation in all its branch- the consent of the majority. If such is es. We have the subject of corporations. not the rule I hope it will be made so, so I wonder if the chairman of the Com- that a majority may allow the members mittee on Railroads will not want more to proceed. than twenty minutes when he comes to The PRESIDENT Po teen. The question discuss the railroads of Pennsylvania? is upon the motion to irndefinitely postThen there is the subject of private cor;opone. rations, which will doubtless occupy some The motion was not agreed to. time in its consideration. So you will see that to tie up this body at this time to twenty minutes upon these is upon the amendment to strike out important subjects will have the effect to ten" and insert "twenty. ignore them. It would be better to dis- Mr. LILLY. And also my amendment solve the Conventicn at once. But, as I that it should apply to committee of the before said, there may come a time, after whole. rW6i ~ DEBATES OF THE The PRESIDENT pro tem. The Clerk limitation in Convention. In fact we will read the resolution as amended and will not have debates upon second readmodified.. ing in Convention for a long time to come The CLERK read: upon propositions from committees. Resolved, That no member of this Con- " Sufficient for the day is the evil thereof." vention be permitted to speak for a longer Let us provide a reasonable limitation time than twenty minutes upon any ques- upon the unlimited right of debate in tion before the Convention or in commit- committee of the whole, and then heretee of the whole. after, as our experience points the way, Mr. BROOMIALL. Mr. President: I think we may extend the limitation to the Conwith the aid of the previous question, vention. there is no occasion whatever for the limi- Mr. COCHRAN. Mr. President: In the tation of debate in Convention. The pre- first place I think the limitation of twenty vious question can at any tilme cut off minutes is an unreasonable limitation. I debate, and if the majority says it should think if this Convention is determined to be cut off, it ought to be done. So far as limit, it should limit to not less than the rule proposed relates to committee thirty minutes. That will give a reasonef the whole I think it is too broad. I able time for gentlemen to express their think the rule should be something like views; and I would therefore, if in order, this, that it should be competent for the move to strike out "twenty " and insert Convention at any time, by resolution, to "thirty." limit debate upon any article pending in Th:1e PRESIDENT pro0 tern. It is not now the committee of the whole at the time, in order. so that this morning if we choose, we can move to limit the debate to five minutes when we get into committee of the have another strong objection to the other wh~lole, and it would be so limited. That proposition as a substitute, and that is would remove the objection of the gentle- this: That the right of any member of the mian from Philadelphia (Mr. Woodward) Convention is to be left dependent upon to the resolution, and his objection is very the caprice, or upon the favor of one or forcible in my mind. There are questions two, or a portion of the members. ere that, even in committee of the whole, mnust be debated at greater length than favorites that they may be able to obtain a hearing at all times, simply because others, and I would suggest that this a hearing at all times, simply because they are such and such gentlemen, vcho, amendment be voted down and that the they are such and such gentlemen, who, by position, character, ability, or other resolucttion be amended so as to empower the Convention, at any time, to limit de- circumstances, may be supposed to be enbate in committee of the whole upon a titled to a preference. I think that all pending matter in committee of the whole. the members upon this floor ought to be entitled to equal rights and equal time Convention has that power now. I offer when they undertake to discuss a propothe following as tha substitute:power nsition; and therefore I think it is injudithe following as a substitute: The CLLERK read: cious to leave it as a question of favoritism Strike out all after the word "'resolved," whether any gentleman shal have more than the time allowed his fellows. and insert: " That no member shall be permitted, without leave, to speak more than I think, therefore, it would be well to twenty minutes at any one time in com- adopt, as the first limitation, thirty minmittee of the whole." utes in committee of the whole, without AMr. BUCrALEW Mr. President: I am ary exception as to favoritism towards willing to vote for a reasonable limitation individuals; and try that, and if it were of debate in committee of the whole, be- found not to work well, we can aftercause I am convinced that we require wards substitute a shorter time. I object such limitation in view of what has al- to adopting the substitute, in the form it ready occurred; and as members can has assumed, for the original resolution. speak more than once, certainly this limi- The PRESIDENT pro tem. The question tation will be reasonable, and, as has been is upon the substitute offered by the genalready remarked, we require no rule of tleman from Columbia (Mr. Buckalew.) CONSTITUTIONAL CONVENTION. 667 AMr. CUYLER. Mr. President: Addicted committee of this body was the report of to public as I amn, in exercise of my pro- the Committee on Suffrage, and that refession, I have gained a reputation for port was considered in committee for not making short speeches, which I do not less than seven different sessions, occumnean to imperil, in any instance, during pying very many hours. It was brought imy life in this Convention. into this body and was discussed for nearly I think the trouble that afflicts the two weeks before it was finally passed. Convention lies behind all this matter. MIy experience is, that no matter how I6 exists in the fact that the Convention well the report may be, gentlemen who sits during the morning hours, and thus differ from the cormmittee are bound to depriving the committees of the time that present their views to the Convention, ought to be devoted to their duties. As and are bound to express them upon this a practical result of this, the committees' floor, and they wilt take any tirme that work is brought into the Convention in a you will give them. very crude and imperfect state, which Ishallvote for the liitation. Although necessitates lengthened debates after it is I have not myself inficted a speech of here. The committees report slowly, even twenty minutes upon the Convenand the Convention has little solid mat- tion, yet if some limitation be not set ter to spend its time upon, and engages shortly I night be tenpted to do it in such preposterous discussions as those [Laughter. ] upon which we have been engaged during te last week. Mr. LILLY. Mr. Chairman: I will I think if the Convention would as- withdraw my amendment to the amendI think if the Convention would assemble at twelve'clofInent, as I atn willing to try the amendserrible at twelve o'clock, instead of meu.t for a few weeks. eleven, and require its committees to hold -morning sessions, we would get on The question being upon the amrendmuch more rapidly, and have far better muent of NMr. Buckalew, the yeas and nays matured reports. I refer to the report of were required by Mr. Cochran and Mir. the Committee on the Legislature, which Lilly, and were as follow, viz: occupied so much time in discussion Y E. S. here. I think that report-I speak it Messrs. Achenbach, Addicks, Amnwith great respect for that committee- strong, Baer, Baily, (PerrB,) Beiley, had not received in the comnmittee thie (Runtingtol,) Baker, Barclay, Bartholothoughtful consideration it should have mew, Black, Charles A., Rowman, Boyd, received before it canme into the Conven- Brodhead, Broomall, Brown, Buckalew, tion, and I think the apology is to be Carey, Carter, Church, Clark, Collins, found in the fAct that the Convention af- Corbett, Corson, Cronmiller, Curry, (uyforded the committee no time to sit. ler, Davis, De France, Dodd, Dnnin, If, therefore, we would postpone our own Edwards, Elliott, Ellis, Ewin(g, Finney, hour of meeting until twelve o'clock, and Fulton, lnck, Gilpin, Gthrie Hall, would require our commrittees to meet Hanna, Hay, Hazzard, Hemphill, Hopeach iior rg at ton, the practical result kins, Horton, Howard, Hunsickor, I(aine, would be that in a short timle we wouldI Knight, Lanlberton, Landis, Lawrence, have, not crude, but carefully digested Lilly,Long,M' Allister, M'Connell, M'Culreports, so that less discussion would loch, Mann, Mantor, Nlinor, Alott, Niles, take place here, and there would be less r, G. V arsons, Patterson,'. iecessity for arenmentts, arld we would. H. B., Patton, Porter, Purviance, Sanuel geton with somre rapidity. I am opposed A., Reed, Andrew, Reynolds,.Jmes L to restrictions of debate. It is distres- Reynolds, S. H., Rooke, Russell, Sharpe, sinc to nme to listen to long speeches that Simrson, Smith, H. G.,Struthers,Terple, atlounrt to nothiig~, but at the same time Turrell, Walker, Wetherill, John Price, I do not think we should abridge the Wherry, hit David N., White, *T. W libertv of full debate. I am, therefore, F., Woodward Worreli and Wright-SS. F., Woodward,.Worrell and Wright-SS. opposed to any limitation. Mr. SirPSON. Mr. President: AIy ex- N A YS. perience has not tallied with that of thle NMessrs. Campbell, Cochran, Craig, Daldistinguished gentlemnan who has just las, Darlington and Patterson, i). W. —;. taken his seat. The first report of any So the amendment was agreed to. 66S DEBATES OF THE ABSENT OR NOT VOTING.-MeSSS'S. dering more distinct the application to Ainey,Alricks, Andrews, Bannan, Bards- foreign citizens of the unifrom prerequiley, Beebe, Biddle, Black, J. S., Cassidy, sites to the exercise of the privilege of the Curtin, Dirmmick, Fell, Gibson, Gowen, franchise I think entirely unnecessary. Harvey, Ileverin, Lear, Littleton, MI'Cam- The section as it reads is sufficiently clear ant, M'Clean, M'MNlurray, Mac Veagh, in making the necessity for one year's reMetzrer, Newlin, Paliner, iH. W., Pughe, sidence in the State and two months' in Purman, Purviance, John N., Read, John the district applicable to all citizens ali ke; R., Ross, Runk, Smith, Henry WV, Smlith, but the amend(ment to the atm-endment, tV.H., Stanton, Stewart, Van Reed, Weth- in seeking to retain the proviso that no erill, J. M., White, Harry and Meredith, naturalized citizen shall vote for one President —39. month after he shall have become a citizen, is precisely the same as the proposiADJOURNMEN,14T. tion which it seeks to amend; and it is to Mr. HOPKINS. II now move the second that subject I desire to direct the attenreadin~r andi consiieration of the resolution of the committee, namnely: Whether tion soinetituze ago offered by me, relattion soetime ago ored by me, relt- after providing, as the Committee on Sufl ing to the final adjournment of this Con- rage has, that every Inale citizen of the vention. United States, upon certain general conThe rosolutionh was read, as follows: ditions, shall have the right to vote, it is Resolved, That this Convention will ad-' 8ndionTusath ay then proper to add, in effect, "except najorn, smne die on Thursday the 27th day turalized citizens, as to whom there shall of' MAar(ch. be a further condition." The question being, shall the House T'he Constitution of the United States proceed to the second reading and con*ideratiol, it was not agreed to. provides, that in Congress shall be vested sideratiom,7 it was not agreed to. the power to establish a uniform rule of SUTF FRAGE AND ELECTIONS. naturalization throiughout the United The PRESIDENTpro tem. The next bu- States. That power has been exercised siness in order is the consideration, in by Congress, and the general scope of the committee of the whole, of the article re- act is known to probably every memlber ported Iv the Committee on Suffrage. upon this floor. That power, sir, when The Convention then, as in comnmittee exercised, is exclusive of any action by of the whole, Mir. Lawrence in the chair, the respective States upon the satire subproceeded to the fLrther consideration of ject. the article reported by the Commrnittee on,When a man, born abroad, comnes to) Suffrage, Election and Representation. this country, renounces his allegiance to hMr. l)AiLAS. Mr Chairman: At the a foreign potentate, formally expresses titne the Comrnrittee rose yesterday I had his desire to become a citizen of and obtained the floor for the purpose of con- swears his allegiance to the United States, sidering' the amendment offered by myself he becomes as much a citizen as any man to the first section now under considera- upon this floor, whose father's father, to tion. the farthest generation, has been born I desire at the outset to call the atten- upon this soil. He is a citizen of this tion of this committee to the amrrendment State. He is such by virtue of the parato the amlendment offered by my friend mount law, and the act of Congress made from Tioga (MJr. Niles.) By that amend- in conformrity with it; and if it is collpement,;s I understand it, he proposes to tent for this State to provide that such a make tllore distirnct the application of that citizen shall not be allowed to vote for one portion of tile section which requires one month after acquiring citizenship, it ceryear's residence in the State and two tainly is equally competent fr the State months' in the election district to citizens to say that he shall not be allowed to vote of foreirn birth, and then proposes to re- for one year, or even for twenty years. tain the orte month restriction upon for- If it is proper for the State to mlake this eign citizens, and which applies only to peculiar provision applicable to one ciass them. of our citizens only, it would be, in prinSo much of this amendment to the ciple, no worse to go still farther, and imamendment as has for its purpose the ren- pose upon naturalized citizens special re CONSTITUTIONAL CONVENTION. 669 strictions upon the enjoymentof property. to concur in the views I have expressed, The Legislature of the State might, with I know not; but I submit that even if equal propriety, enact laws which would the considerations which I have already prevent naturalized citizens fromn holding surgested did not enter into this question, any real estate, or limnit, in value, the es- still no such proviso as this should be intate of which they may become possessed; serted in our organic law. I have already and thus say to a large class of our citi- said, if it is competent and proper for the zens, that they shall not only be denied Convention to make this provision for a the right of franchise, but also the priv- period of one month, why not for a - ear ilege of acquiring and holding property or for a term of years, ard so practically in this Commonwealth. Thus it might wholly exclude this entire class of our occur that while the Constitutiori of the citizens fron the exercise of the franchise. United States hasconferred upon them the But it is an act o,f injustice to nmake any rights of citizens, the Connllonwealth of discrimination between equal citizens. Pennsylvania would say that they should WVe might, with equal justice, go further, becitizensonlyin name. Iftherewereany and not only make this proviso apply to dout-t of this proposition, under the gen- citizens of foreign birth, but discriminate eral provision of the Constitution to which amiong-st them; and, should our prejuI have referred, it would be profitable to dices so lead us, we might next annul examine the fourteenth amrendment. — that provision in the Constitution which That amendment provides, that all per- protects us all against proscription besons born or naturalized in the United cause of our religious opinions, and say States, and sa bject to the jurisdiction that no man who is a Jew, a Roman Caththereof, are citizens of the United States, olic or a Protestant, (as the case mlight and of the State wherein they reside.- be,) should have the right to vote, alNow, pausing here for one moment, we though otherwise qualified. It is because, find that, under this constitutional pro- in principal, this proviso is wronir, that I vision, these citizens, naturalized under object to it, and it is for this reason that I the United States laws, are not only citi- have rasked myself what good ground zens of the United States but of the State, could be assigned for placing it i n the Conand theref)ore, if the answer should be stitution. It was not in the Constitutionof made to the argument which I have ad- 1790, nor is it in the Constitution of 1838, vanced, that they may remain citizens of and, as far as my knowledge extends, it the United States, and be entitled to the has not been placed in any Constitution protection of the general government, but of any State. Why then should we inthat still this State has the power of re- corporate it in the Constitution we are straining them in the exercise of the now framing? In asking myself this equal rights of citizenship, I answer question, the only answer I have been that the fourteenth amendment to the able to imagine is that it has been deConstitution of the United States itself signed to defeat fraud in naturalization provides explicitly that they shall not papers. I have had the misfortune to onlly be citizens of the United States, but know sornething of these matters, arid in citizens of that State in which they re- the course of my examinations I have side; and I assume that the Constitution discovered only two kinds of frauds remeans not to give the empty name of citi- suiting frorn this character of voting: zen merely, and that therefore the State First, in the fraudulent issueof naturalizaof Pennsylvania should not deprive this tion papers; and, second, in thefraudulent class of citizens of all the highest attri- use of them. If a man having possession butes of citizenship. of the seal of the court and the power to I call the attention of the committee to si.n his name, as a representative of the the fact that the section, as reported, court, proposes to issue to any man a reads that every male citizen of the fraudulent paper, how will this proviso United States, of the age of twenty-one prevent him from issuing as many as he.years, having resided as provided, shall may desire, or afford the means of detecbe entitled to vote, excepting only this tion when such fraudulent papers shall one particular classof citizens. MWhether have eenissued? Itis only necessary I shall be able to induce the committee that he should date the paper one month G0() DEBATES OF THE before the election in order that it may tral situation I have had considerable opconform with the time prescribed by law portunities of observing the manner in as the interim which shall occur between which these naturalization papers are the date of naturalization and the date of granted, not, perhaps, granted fraudulentelection; and experience in such matters ly, but the manner in which they are has taught us that a man who proposes to granted; ninety-nine out of every one issue a fraudulent naturalization paper hundred papers that are made out and will not pause because of the necessity certificates issued are done just on the that it should be ante-dated as of one eve of an election. The men who are to month prior to the election. There is, be naturalized come into court in such a therefore, no fraud in the issue of natural- manner and in such a way that there is ization papers which can be prevented by an immense amount of perjury perpea provision of this kind. Fraud in the trated-an immense amount of it. Some use of them has consisted only in this: of it is unintentional on the part of the Either a man has borrowed a naturaliza- nmen that do it, and some of it is intention paper or he has bought it. Why, tional. sir, the only effect of this provision upon As I said before, it was my purpose to such frauds will be to make a man scru- try and prevent that. My original motinize the date of a naturalizaton paper tion on this subject was.in the commlittee, before he buys or borrows it, and as far when I offered a proviso that naturalized as any practical results upon this point citizens could not vote until they had had can be attained by this provision, 1 feel their papers six mnonths. That was in orconfident that it will be futile. Therefore, der to put it away-to put it before or beNMr. Chairman, I can see no good reason hind the excitement of an election camwhy this provision should be adopted. I paign. That was voted down in the combelieve if the proviso is sustained it will mittee, and this was the best thing I could be an act of injustice to a large number get out of it. I would prefer to have the of our citizens, and I have no hesitation time increased to sixty days, and will in saying that, even if I did perceive its probably make such a motion, if this presimportance, I would still be unwilling ent measure is not voted down in the comthat the Convention should commit itself mittee of the whole. and the fundamental law of the State, to I have resided in that section thirty-five any proscriptive school of politics; and I years, and during the whole time have must say that my experience is that the been conversant with the manner of grantclass of citizens who have held these ing these naturalization papers. I have naturalization papers have been more always found that on the eve of an elecsinned against than sinning. Although tion of interest, a gubernatorial election or it is true that votes have been polled presidential election, the whippers-in and by means of fraudulent naturalization politicians of both parties go around papers, the greater wrong has been that amongst these people and try to get them people holding perfectly valid and hon- to be naturalized. They make the best est certificates have oftentimes, upon bargain with them that they can, then take one pretence or another, been denied the them to the county seat, and they are all right to vote. This is the belief of many putthroughina flock. Iwillsirnplygive of us, and I, for one, will not vote that the experience of the last year as an exany provision shall be incorporated in ample. On Monday, a week before the the fundamental law of the State of Penn- election of October, the associate judges of sylvania which will give its high sanc- our county held an adjourned court, for tion to discriminations against foreign- the purpose of granting naturalization paborn, but still our equal fellow-citizens. pers. I just cite this one year, but it is Mr. LILLY. Mr. Chairman: I have the usual practice every three or four given this subject a great deal of atten- years for the politicians to go through the tion, and perhaps it was by my own mo- lower end: of Luzerne, and through our tion that this provision has been suggest- county, and drum up everybody they can ed. I reside in the county of Carbon, on get to agree to swear or to be sw, rn lbr, the skirts of the great mining district of in order to obtain naturalization papers. Luzerne and Schuylkill, and in that cen- The court was called at twelve o'clock. CONSTUTTUTIONAL CONVENTION. 671! They sat until one, adjourned until two, a'nmlllblin' sotnething, and he put a book and sat from that tinme until four, and in rnmv hands and I kissed it, and that's during that time they granted four hun- all I know." dred and seventy-eight naturalization pa- Now, Mr. Chairman, that is the way pers-four hundred and seventy-eight! four hundred and seventy-eight papers They ignored the law requiring that they were granted at this court, and that is the should see the parties claiming naturali- way that it has been done every three or zation, because the law states that it shall four years since Carbon county has been be done in open court, and I take it that a county. It is for the purpose of stopthat Ineans before the judge; the judges ping this sort of farce that I want this shall be cognizantof it, but 1 am sure that provision put in the Constitution, and these two associate judges of our court did want it extended to sixty days. not see one in ten of these nmes who were Mr. HAY. Mr. Chairman: Will the gennaturalized. Of these papers so passed, tlemrnan perinit me to ask him a question? perhaps two-thirds of them, were passed Mr. LILLY. Certainly. by mGen swearing they caine in under age. Mr. HAY. Mr. Chairman: I desire to In one precinct in Luzerne county, after ask him whether, in his opinion, the prothis naturalization farce had been gone vise, that no naturalized citizen shall enthrouglh with, the j udges of the election, joy the rights of an elector until one month against what lawyers will say is their shall have elapsed from the time he beright, went behind the seal of the court, comes a citizen, is or is not in contravenand when every naturalization paper was tion of the second clause of article fourpresented at that poll, it was examined, teen of the Constitution of the United and if it was granted at 2Mauch Chunk, on States, which provides that no State shall the Monday week before the election, the make or enforce any law which shall voter was challenged, brought in and abridge the privileges and immunities of sworn. And at that one single poll they citizens of the United States. rejected thirty votes. Thirty setsofnatu- Mr. LILLY. Mr. President: I ar not ralization papers were marked " fraudu- a constitutional lawer, nor amr I lawyer lent" across them, that had gone through at all, and I vill not corrence the disregularly, and had the seal of the court cussion of any constitutional argument. attached, and everything proper. But I say that common sense shows that The specimens of the swearing were we ought to prevent this kind of false about like this: A man would be brought swearing, and I know that there are other within the election roomn and challenged. gentlemen here in this Convention that, "VWhat is your natne?" if they will tell their experience in this "John Ward." matter, will bear mne out ill every thing "How long have you resided in the that I have said. Aye, furthermore, one country?" of the very associate judges of that court, " I have been here two years and eleven one who held that court that granted fo r mon this." hreundred and seventy-eight naturalization " Howold was you when you came into papers in one day, resigned the next day the country?" afterward. Why? Because he said that 1" Between twenty-four and twenty-five it was such a farce that he would never years, sir." allow himself to sit there again in that "Do you know that this naturalization way. It was inpossible for him to stop or paper that you have here, under the seal check it. Some seven hundred or eight of the court of Carbon county, says that hundred of these men came there and fillyou and your witnesses swore that you ed the room as full as it could be. Before came into this country under eighteen they came there the politicians had filled years of age, and that you had lived here them with rum, and it was a riot. It was fully five years?' as nmuch as the judges' lives were worth " I (do not, sir; I did not swear to any to hold that court. They tried once or such thing." twice to stop the machine altogether, but Wihat did you swear to?" they soon found that they could not pre" The divil a know, do I know what I venG it, and it went on. It is for the purswore to at all. There was a lawyer there pose of preventin g such a state of things as 672 DEBATES OF. THE this that I am in favor of this proposition. section reads, "every male citizen of the I have said I was originally in favor of six United States, of the age of twenty-one mnonths, to put the subject beyond the years, having resided in the State one reach of political excitement, to put it year, ani in the election district where he away from the politicians, and to keep offers to vote, two months," and so on. them from going around the country and Does that not require that lihe shall be a hunting up these men and driving them citizen one year in the State, and two into court in a flock to swear filsely and months in the election district? This is be fraudulently naturalized. the first part of this very section, Bnt I could tell this Convention the way this suppose we strike out this concluding matter was done in the part of the district proviso of the section, will it not then rewhere these four hundred men were quire that he shall be a citizen of the State brought in. One party went round to one year, and a citizen of the district two these people and offered-it is not con- months before he be entitled to vote? At fined to any one party-but one party least it may raise that question. went to these n-en in this district and That objection also is raised in this prooffered to pay for their papers. The next viso, and I prefer the form as given in the party offered, if they would vote their minority report of the committee. If the ticket, to pay for their papers and pay members of the Convention will turn to their transportation into the town and the Journal, on page 274, they will find home again. The first party, following on, the third section reads thus: offered to pay for the papers, pay their "Every person possessing the followfares and give them a good dinner, when ing qualifications shall be an elector, and the other party said they would pay for be entitled to vote at all elections: the papers, pay for the fares, pay for the "1st. Any male citizen twenty-olne dinners, and give them all the whisky years of age. they coult drink. That is the way this "2d. Who shall have been a citize:l of is carried out. It is the utterest farce pos- the United States one month. sible. I an free to say that I believe two "3d. Who shall have resided in the hundred and fifty of those papers, grant- State one year, or, if he had previously ed at that court at that time, were granted been an elector of the State, and remnoved by square out and out false swearing, and therefrom and returned, six inonths ilnI hope this Conve;tion will put some safe mediately preceding the election. guard around this matter and stop this "4th. Who shall have resided in the wholesale perjury. election district where he offers to vote MIr. J. W. F. WHITE. Mr. Chairman: two months immediately preceding the There is some force in the oosition taken election." by the genltleman from Philadelphia These all meet the amendment matde (Mr. Dallas.) In the form in which this yesterday, and I will suggest a fifth qualsection has treen reported, I think we ification: have no right, no constitutional right, to 5th. And if twenty-two years of age, or prescribe a qualification that shall partic- upwards, who shall have paid within two ularly apply only to one class of voters. years a State or county tax, that has been I think we have no right precisely to say assessed at least two months, or at least that a certain qualification shall apply to one month, before the election. naturalized citizens, and not apply to Now that form of stating the qualificaother citizens. I have felt, all along, that tions of an elector seems to me to be more the forin in which this was reported by clear, brief and specific than the section the committee might be rather objection- reported, especially after you add the able on that ground, as well as obnoxious, amendments made yesterday. I think because it particularly pointed out natu- sir, it has this advantage, too, over the point now before the committee. The But I will call the attention of members proviso in the section reported is, I have of the Co.'-, vention to another aspect of this said, specifically pointed at naturalized question,.and particularly the attention citizens, and is objectionable on that of the gentleman from Philadelphia, (Mr. ground, as well as apparently pointing Dallas,) who has raised this point. The out a qualification particularly applicable CONSTITUTIONAL CONVENTION. 673 to them. In the section meodtified as I into court and obtain their naturalizapropose, making the second qualification, tions, the limitation of one Inonth will "that he shall have been a citizen of the only apply to a few persons who have United States at least one month," it comne into the country within that one makes the qualification apply to all voters, month, and I apprehend, in point of fact, anld not to one class. Not to one class of it will apply to a very few. Now the voters, but to all, and I think in that form, question, before us is, shall we, for the perhaps, it would not be obnoxious,on the sake of giving this right of suffrage to a ground that it is in conflict with the t.hir. few persons, perhaps not twenty, or a teenth or fourteenth amnendlnents to the hundred, at mIost, in the State of PennConstitution of the United States. sylvania, who will come in during that Now, sir, I am in favor of retaining time, continue those frauds and imposithat provision as a qualification of an tions that have been practiced, as we all elector, not because i wish to deprive anv know, for many years past. Besides, sir, of our naturalized citizens of any right the naturalized citizen has to undergo no or privilege granted to or enjoyed by the more injury than we impose upon the native born citizen. That is not the ob- native born in order to preserve our ject. No person, I presume, would op- elections pure. Our native born citizens pose this provision on that ground, but who move fromn one coLunty to another, rwe all know that there are a great many within two months preceding the elecfrauds perpetrated, just immediately pre- tion, are not entitled to vote, according ceding our elections, in the naturaliza- to the section as we have already passed tion of foreigners. Every person knows it in committee, and as it is according to that there is a great rush in our courts a the presrent Constitution. few days preceeding an election for the Mr. CAMPBELL. iMay I ask the gentlenaturalization of foreigners. Now no one man a question? would object to the naturalization oi those Mr. J. WV. F. WHI{ITE. Yes, sir. who are properly entitled to be natural- Mr. CAMIPBELL. IS not a naturalized ized, but we all know that in the heat of citizen subject to the same restriction if political excitement, just immediately he moves within two months? preceding an election, when there is so MIr. J. 5W. F.- WTHITE. Certainly. Illuch anxiety on the part of different- Mr. CAiMPBELL. Does he not standuponi eandidates and parties to secure votes, an equality in that respect? that a great many persons obtain natural- Mr. J. W. F. WHITE. Certainly. The. ization papers who are not entitled to argument is that when he becomes a citi. them. And often it happens that the zen, that therefore he is entitled, at once,_ courts cannot properly discharge their to the right of voting. duties in putting through, as they cften Now I say for the sake of preserving lhave to do, one hundred, two hundred or the puritv of our elections, we have to three hundred voters in naturdlized citihave plenty of these guards and checks zels in one day, that the rush an d crowd upon the exercise of that right; and one before them is so great that manviy judges of those checks and guards is, that the are compelled to let them be put through, citizen shall reside in the district two as a kitnd of matter of course, by the months before he is entitled to vote. That clerk of the court, without the proper ex- applies to naturalized citizens as well as amiinrationZ and without hearing, them- native born citizens. So, he mnust have selves, the testimnony in the cases. resided in the State a vear before he is enThis is no deprivation of the right of titled to vote. A citizen of New York or any naturalized citizen. It simply re- Ohio, cominig into our State, must reside quires that he shall be a citizen one here a year before he can vote. Why? mnonth before he shall exercise the right He is deprived, yoou may say, of this right of suffrage, and I apprehend, in point of of suffrage; but upon what principle do fact, it will be limited to a very few for- we base all of these restrictions and qualieiLners in our country. fications? They are to enable us to preIf they apply as soon as the law author- serve the purity of our elections, to guard ized them to, for their first paper, as it is against fraud and against abuses. If we called, and at the end of five years go believe that it is better to have no naturali43 674 DEBATES OF THE zation papers issued within a month of an been convicted of crime, or participated election, in order to guard against fraud in the late rebellion, we will be cut down at elections, does it not rest upon precisely in proportion to the whole number; and the same footing, and upon the same I'undertake to say, therefore, that we ground, that we say a citizen must reside have the right and the constitutional powin the district two months before he can er to do it; ard we are not prohibited by exercise the right of suffrage? any clause in the Constitution of the UniUpon that ground alone, Mir. Chairtnan, ted States from doing just what we profotr one, I favor retaining in our Constit- pose to no by the report of the Committee tion this qualification; andl in order to on Suffrage. guard against the misconstruction of it, So far as I am concerned, I will say that I prefer the mode of stating it that I have it is from no prejldice against the forsu-ggested here eigner that I offer this amendment, which Mi~rr. NI~ES. Mi~r. Chairman: I have but; is but a reiteration of the report of the a few words to say in reference to this committee, iu fuller language. I admit, matter. The first question that suggests with the sentleman from Philadelphia, itself to mly mind is whether we have the (Mr. Dallas,) that this country is the power to make tihe amendzment proposed home of the oppressed of the whole world: by this report of the Comtmittee on Suff- that we have opened our doors for cmirage and Representation. The question, gration, and have not only done that, but as raised by the gentleman fromts Phila- "we have thrown away the key, and everydelphia, (Mr. Dallas,) and as suggested body conies here and we welcome them; by the gentleman from Allegheny, (Mr. but we have the right to throw such Hay,) is answered in the second clause of guards around the elective franchise that the fourteenth amendment of the Consti- it ma be protected One of the causes tution of the United States, passed in 1865, of the calling of this Constitutional Conwhicih see1ms to have provided for just vention, one of the reasons why you and such cases as this: " No State shall rnalce I are here to day, exercising the rights of or enforce any law which shall abridge meombers, is the pollution of the elective the privileges or immunities of citizens franchise in various ways, and one of of the United States." That is the ques- those ways has been by fraudulent natution, as I understand, that was asked the ralization papers, which have been issued delegate from Carbon (Mr. Lilly) by the upon the eve of election. Have we not gentleman from Allegheny (Mr. Iay.) this right? Are we imposing any unNfow I undertake to say that, in the light necessary restrictions or hardships upon the foreigners? of the succeeding portion of this amend- the foreirners? ment, the right to vote was not the ques- Why, r a ma living just across the Delaware, in New Jersey, for twenty-one tion in the view of Congress when these years, born upon this soil, if he remove words were written. I read, "whenever into this State, must live here one year the right to vote at any election for elecbefore he can vote;:-ind have we not the tors for President and ~ice President of tors for President and Vice President of right to say to the foreigner, the man who the United States, representatives in Congress, Executive and judicial officers, or themembers of the Legisla~ture is denied zen of this country for one month, that the members of the Legislature, is denied there must be some record evidence upion to any of the maltyne yeinhabitants of such, a file i the proper court, where it can be State, being twenty-one years of age, and citizens of the United States, or il any shown that he has renounced allegiway abridged, except for participation in ance to the mother country before lie shall rebellion or other crime, the basis of rep- step fall grown, to the ballot box, and exresentation therein shall be reduced in ercise the rights of a native born citizen? the proportion which the number of such In Great Britain, the home of the marl inale citizens shall bear to the whole nurn- that we welcome here, as Blackstone says, ber of male citizens, twenty-one years of nothing but the "transcendent power age, of such State." Therefore, Mr. Chair- of an act of Parliament" can give them rilan, if the people of this State, in Con- this right and the power of transmitting vention assembled, abridge or impair the real estate. But we do rinot say that-we right of any citizen of the United States only say to these men whom we call to to vote, except inhabitants who may have our shores, to go toour Congress and to our CONSTITUTIONAL CONVENTION. 675 St-ate Legislatures, that it must appear of States." If privilege in this section means record that they are citizens of this coun- the right to vote, then we propose to try, and have fully renounced their alle- abridge the privileges of four-fifhls of the gliance to the home powers. They come citizens of Pennsylvania, for we coriand xwe are glald they do come;* they are mence at the verv first line of this section an important part in the great industrial by abridging the privileges of one-fourth interests of this country; but if there is of theil, by saying "all male citizens,' one thing patent in this country to day and then we go on and say that they shall be of the age of twenty-one, and that exit is the corruption of the ballot box and be of the ae of twenty-one, and that the pollution of the elective franchise, eludes another half, the balance,so that we do abridge, by the very section under and almost in fact destroyed; and you, considerattotn, before we come to the sir, and I, know that one of the great arnendert proposed by the gentleman grisvances that has come.tup from every from Tioga (Mr. Niles) the rights of foursection of this State is that naturalization fifths bf the citizens of Pennsylvania, if papers, colored and uncolored, have been this provision in the Constitution refers used unscrupulously by both of the great to theelectoral privilege; but clearly, for political parties of this country; and have the reasons given by my colleague, (Mr. we not the right, representing, as we do, Niles,) it does not. Voting was no part of the people of this State, to redress this the privileges referred to in this constiwrong, and say to these people, "you shall tutional amendment. If it was, we have tarry at Jericho for a little while before been boldly violating it from the time of vout exercise-? the rights of voters." its passage down to the present day. Therefore, it seems to me, sir, that by There is no shadow of force to the argu-e~~~ e'. lnent advanced here against the provTievery consideration of duty, and with no sion in relation to naturalization growi sion in relation to naturalization growing disrespect to our foreign born citizens, out of any provision of the Constitution. that we should~ adopt the report of the The privileges here referred to cannot, by committee in this instance. any possibility, refer to voting; and no Mr. MA.NN. Mr. Chairman: I am not man in Pennsylvania has ever so undera constitutional lawyer, but I do not think stood it. itwould requirealawyerof anykindto an- There is, therefore, no constitutional swer the constitutional arguments which objection whatever to this proviso, which have been made in regard to the question restrains a naturalized citizen from under discussion. The provision of the voting for one month after he becomes a fourteenth amendment of the Consti- citizen. tution of the United States proves entirely The argument of the gentleman fromn too much for this Convention, if it proves Pittsburg, (Mr. J. IV. F. White,) that anything at all, for it provides that " all it would be in better form to adopt the persons born or naturalized in the United language of the minority report has States, and subject to the jurisdiction force in it, but it is a mere matter of taste thereof, are citizens." All the women of -a mnere question of language-nothlng the United States, born here or natural- more. ized, are citizens; all the children of Penn- Then the simple question is, is there syivania are: citizens, according to the anything surrounding this question of very sectionquoted. Allpersons-not all naturalization that requires or calls for male persons, as we have it in this see- this limitation upon the rights of naturaltion, but all the children and all the wo- ized citizens? That question has been men of Pennsylvania, who were born so clearly and effectually answered that in the United States, or who have been perhaps it would be waste of time to furnaturalized by the naturalization of their thoer enlarge upon the subject. husbands, are citizens. But a short time ago the entire time Now, then, what point is there in the of this Convention was taken up in dequestion asked by the gentleman from nouncing frauds at the elections and the Allegheny (Mr. Hay) as to the meaning corruptions that surrounded the elective of the provision of the Constitution, that franchise. I suppose there was some A"No State shall make or enforce any law reason for it, and some truth in the statewhich shall abridge the privileges of, or ments made; but I undertake to say i mrmnunities of, any citizen of the United that it was within the personal knowledge 676 DEBATES OF THE of every delegate here, that a large share pers. Then, in order to save his seat, this of these frauds originate and come from member's counsel shifted his defense, and this very question of naturalization. proved that he had not been born in IreNow then, when we approach a position land, but in the United States. where there is an opportunity to put That is only one instance out of many some check upon fraud there is a shrink- occurring at every election. It has been ing back. It is always so. We are per- proved, beyond a shadow of doubt, that fectly willing-all of us, to denounce sin this " mill" is grinding out fraudulent pain the abstract, but when it conies down pers of this sort at every election. to particulars, and we, ourselves, become It is asked by the gentleman from a little connected with it, and have the Philadelphia: " What safeguard, what (.pportunity to put a check on it, we check, will this provision be upon this shrink back. We are, all of us, in the system of fiaud?" I answer that the inposition of the down easter, who was ducement to fraud is always greatest imheartily in favor of the Maine law, mediately preceding an election. This is but strongly opposed to its enforcement. amnply proven by the fact that thesoe fraud[Laughter.] Those gentlenlen who, early ulent and corrupt transactions take place in the session, cried out against fraud immediately preceding an election; and and corruption at elections, are a little if we insert a provision here that they sensitive when it comes down to an op- shall be obliged to have their naturalizaportunity to lay their hands upon cor- tion papers two months before the election, ruption, as in this section. we shall have put upon this business of A few years ago I had the fortune or fraud a very great check. Thirty days misfortune, which ever it may have been, will be something of a check, but two to be appointed on a committee to investi- months will be a very much greater and gate sotme election frauds in Philadelphia. better onre,because it is only upon the heels My friend sitting here near ine (Mr. Sinlp- of an exciting election that the inducement son) will remember something about it; to comtnit fraud is great enough to make and there is another delegate present who men risk the chances of a committal to also knows something about it. The facts the penitentiary. That is the history of of the case are these: The sitting mnoem- all the fraudulent issues of naturalization ber, who was returned as having been papers that have come to light in Pennelected, was in rather a questionable con- sylvania-that they occur just before an dition. It was doubtful whether he was exciting election. a citizen of the United States or not. His To prohibit the exercise of the right of seat was contested oii the ground that he suffrage for thirty days is, in iriy opinion, was not a citizen. To make out the fact a very great prevention of fraud, and that lie was a citizen, he undertook to every delegate on this floor who is honprove that his father was naturalized esily and eariiestly in favor of putting a while he (the member) was a mninor. To stop to corruptions and fraudulent elecrebut that proof, the contestant showed tions will, I hope, vote for this proposition. that the naturalization paper issued to Mr. BROOMALL. Mr. Chairman: I do hirn was a fraudulent one; and in order not desire to say anything as to the merits to make that clear, he proved that there of the proposition, but having a clear conwas any quantity of fraudulent naturali- ception in my own mind of the law of the zation papers issued just at that time- question raised by the gentleman from that is to say, immediately preceding the Philadelphia, (Mr. Dallas,) I desire to election; that any emigrant in Philadel- express it. phia, who would pay fifty cents for it, The f)urteenth amendment to the Concould get one. That fact was proved be- stitution of the United States was not infore the committee, and I presume the tended to have any effect upon the politisame fact has been proved over and over cal rights of anybody. Its object was to again. I have heard of similar facts hav- protect the civil rights of the blacks in ing been proved before other committees. the south. It had no other functionwhatIt was proved, too, that there was a corn- ever; I mean taking the whole thing tornittee here whose whole business was to gether. But, in order to induce the south distribute fraudulent naturalization pa- to grant the right of suffrage to the blacks, CONSTITUTIONAL CONVENTION. 677 the second section of that amendment was that class in the basis of representation. put in,the effect of which is,that if the States If we should allow suffrage to be univerdo not let the adult males of a certain class sal, without regard to sex, one result of citizens of the United States residing in would be, that under the fourteenth them vote, that class should not be count- amendment Pennsylvania would have ed in the basis of representation. Now if double her present representation in Conyou will bear that in mind vou will find gress, and would thus have the advanthat there is no difficulty in construing tage of the other States, until they do the this amendment and getting rid of the same thing. difficulty raised by the gentleman from The point, in my mind, is very clear: Philadelphia -(.lr. Dallas.) "No State That this has no reference to political shall make or enforce any law which rights at all, and refers only to civil shall abridge the privileges or imm unities rights. of citizens of the United States." If that Mr. HUNSICKER. Mr. Chairman: I could have been held to apply to political can see a way out of this complication rights, and to give the blacks the right of without embarrassment to either side of voting, there would have been no neces- the question. sity for the fifteenth amendment, which I confess that point started by the genwas passed a year afterwards, expressly tleman from Philadelphia is entitled to giving them the right to vote. much respect and consideration, but it rrhe fourteenth amendment left open does seem to me that the report of the the question of political rights altogether, minority of the committee upon this quesand only protected the civil rights of the tion, which will be found upon page 275 blacks. The people of the United States of the Journal, would remove this comw-ere not ready for negro voting at the plication. It says that every person postimne of the adoption of the fourteenth sessing the following qualifications shall amendmlent-j ust as the people of Penn- be electors and be entitled to vote at all sylvania, according to the notion of the elections, viz: First, a male person gentleman in the chair, (Mr. Lawrence,) twenty-one years of age; second, he are not yet ripe for universal suffrag. shall have been a citizen of the United shall have been a citizen of the United There are, I think, four of us, delegates States one month. That creates no dison this floor, who took part in concocting tncton bet native and foreign born and passing this fcitizens. That, I think, removes the oband passing this fourteenth amendment, and the other three gentlemen wvill bear Jection referred to by the gentleman front nme out when I say that if there hd been Philadelphia (Mr. Dallas.) Whoever offers to vote shall have been a citizen one the least hint of negro voting in that first,nonth befere being allowed to exercise section, it would not only not have passed -ection that privilege. The way to reach that, I Congress, but at that early day it would think, will be to vote down the pending have hardly passed a single committee of either body. amendment and then move this minority either body. section as a substitute for the section amendment had stood alone, we inight under consideration. now disfranchise the blacks in Pennsyl- Mr. DALLAS. Mr. Chairman: WThile vania, notwithstanding that they are citi- I am anxious to answer the arguments zens of the United States. It was so un- thus far made against the amendment I derstood then, and it was so understood offered, I do not desire to do so now, to the theosubsequent ryar, when the fifteenth exclusionof other gentlemen. I should, amendment was passed to give political however, like to have an opportunity, at rights without regard to race. The amend- another time, to reply to all those who ment itself will bear no other construc- have objections to make to it. tion than that. It referred singly and Mr. HOWARD. Mr. Chairman: I desire alone to civil rights, and not to political to be very brief in the remarks I shall ones. The only consequence of restrain- make in regard to this question. I lising the political rights of any class of per- tened with attention to the arguments of sons, as we do the political rights of weo- the gentleman from Philadelphia, (Mr. men, who are citizens of the United States, Dellas,) and if I understood his remarks is that the State doing it shall not count aright he said that if it was not competent 0,67S DEBATES OF TiHE for the Convention to insert a provision doubted at any time that the men, womlen like this into the Constitution we could as and children, born here upon our soil, or lawfully insert a provision by which a naturalized, were citizens of the State of naturalized Irishman or German would Pennsylvania before the adoption of the have to remain in probation before he was fourteenth amendment. There can be no allowed to vote. I believe the gentleman doubt that citizens have a right to particifrom Philadelphia made use of this lan- pate in all civil rights ever'ywhere; and guage. if this question is to be discussed intelliMr. DALLAS. Language equivalent to gentlyv this distinction must be always that. borne in mind. I maintain that the civil TMr. HioWARD. There is nothing in the rights of citizens of the United States, matter under consideration, nor is there men, women and children, are equal, but in the law, that would warrant us in mak- they have not the same political rights, ing any such discrinmination. The fif- and votingisapolitical right. When the teenth amendment to the Constitution of citizen comes to participate in the governthe United States expressly prohibits any ment itself, in the framing of its laws, or discrimination being made on account of in voting for the men that shall mriake its race, color or previous condition. The laws, he has risen to the stature of an elecgentleman's argument therefore avails tor. He is a citizen, it is true, and he has but little. This general provision is ap- all the civil rights of a citizen, and he has plicable to all naturalized citizens. I un- also the privileges and political rights of derstood the delegate from Pittsburg (Mr. an elector. There can be no question, Hay) to ask the question whether this whatever, that we have a right to mnake a provision, if adopted, would not be in con- general law applicable to the foreigrer as flict with another provision of the Consti- well as to the native born citizen. We tution of the United,States, which says are compelled to make these laws for the that the citizens of each State shall be en- protection of the ballot box, and we make titled to all the privileges and immunities them for the same reason that we say that of citizens of the United States in the sev- the native born citizen shall be a residenit eral States. I do not conceive that this of the State for one whole year prior to provision has any application at all to the casting his vote, and if he mores just over one under consideration, because a man the line of the ward or the township in may be a citizen and be entitled to all the which he lives he shall reside in that disprivileges and all the immunities of citi- trict two months before he shall have a zens, and yet he may not be an elector. right to cast his vote. He is nevertheless The fourteenth amendment to the Consti- a citizen all this time. He is a citizen tution of the United States conferred no while he waits one year in probation in civil rights whatever upon any person In the State, and while he waits two nmonths the United States except slaves. Before in probation in the district. He is as its adoption every native born man, wo- much a citizen, and has all the rights that xman and chiled in the United States, es- could possibly be conferred by his certificepting slaves, were citizens; and they cate of naturalization, and yet it is not at were possessed of full civil rights. This all in conflict with the Constitution of the declaration in the Constitution of the United States because that instrument United States.did not confer the rights of does not provide for the qualifications of citizenship upon me and mny children. electors. That isqleft to the States alone. We were citizens before the amendment It has beetn urged that such a provision was adopted, and it did not confer citizen- as this will have a tendency to diminish ship upon any person at all, excepting the proportion of the representation of the slaves, for whose benefit it was alone de- State in Congress. This question has signed and framed. These slaves had been discussed, and reference made to the been excluded from all enjoyment of the second section of the fourteenthl article. rights of citizenship by the laws of all the This section provides that when the southern States. They had been exclud- right to vote shall be denied to any of the ed by the decision of the Supreme Court male inhabitants * * - the basis of repof the United States, which had declared resentation shall be reduced in proporthat they were not citizens, but who ever tion. We do not deny the right of a nat CONSTITUTIONAL CONVENTION. 679 uralized citizen to vote, but for the pur- val of time between the time of naturalizapose of preventing frauds upon the ballot- tion and the election for the detection of box, and for reasons that are apparent fraud. This is the only question, in my and transparent to all, we propose to judgment, which we are called to decide. establish this provision the same as we Inasmuch as these naturalization papers would establish a police regulation for the are perfected in open court, I think fraud, protection of ourselves and for the pro- based upon false papers, could be easily tection of society. We say that while the detected or prevented if each of our great naturalization certificate confers all the political parties had lists of those naturights of citizenship and civil rights, it ralized made out from the official records does not confer the right of an elector of the courts, and instituted proper inuntil the citizen shall have been possessed quiries in the several election districts of these rights one month prior to the where the naturalized persons may reright to vote at an election. It is per- side. In this manner it would be perfectfectly lawful, and it is entirely consistent ly convenient and feasible to defeat the with every provision of the Constitution polling of fraudulent votes. If the men of the United States and with the practice holding such papers shall be told that they of this government fromt the earliest day will be prosecuted for perjury, either undown to the present. der the United States or the State laws, Mr. BUCKALLEgW. M{r. Chairman: I de- the attempts at fraudulent voting will be sire to say that I agree entirely with the stopped. In this way false voters can be arguments of the gentleman from Dela- threatened in a proper manner before the ware (Mr. Broomall.) I also have some election, and even upon the ground, when personal knowledge of the proceedings in they are brought there for the purpose of Congress when the fourteenth and fif- polluting the ballot-boxes of the people. teenth amendments to the Constitution In addition to this, due process of law of the United States were proposed, and I may be devised, if it does not already exthink it clear that both the letter of those ist, to enable the courts from which theyv amendmnents, and the debates and pro- issue, to re-call all such false naturalizaceedings which accompanied their pas- tion papers. If the laws of the State or sage in Congress, establish the proposi- of the United States do not already protion that there is no inhibition upon this vide a sufficient remedy in this direction Convention or the people of this State re- the necessary provision can be easily specting the insertion of the proposed made, and I submit that upon the eve of amendclent in our Constitution. It will an election, when every one is upon the be observed that, if this amendment shall alert, and two great political parties are be adopted, persons may be naturalized, keenly watching each other, there will be so as to secure the right to vote, as late in no difficulty, within one mouth, of stopthe year as under the present Constitu- ping, all fraud based upon naturalization tion. All naturalizations before a date papers not properlyissued. I an adverse earlier than October will still be good at to extending the period to a greater length the general election, for we have post- of time than one month, because in this poned that election one month. It will case we will have to limit upon a principle hereafter be held in the month of No- of necessity, the exercise of the privileges vember, and all persons who shall de- of citizensof the United States. When we sire to be naturalized will have as late a invite those who come to ourshores to obday in the year to perfect their naturaliza- tain in courts of justice equal privileges tion, hereafter, as they have hitherto had. with ourselves, I would give them the I have but a few words to say in regard whole advantage of all the rights which to this limitation of one month, and then our Constitution and laws confer on them, I shall leave the question to the decision subject only to such limitations as strinof the Convention. I think it very irm- gent necessity shall demand to protect portant that fraudulent naturalizations in our elections from fraud. Inasmuch as I federal and State courts shall be detected believe that the period of thirty days is before the fraud shall be consummated at necessary, and at the sametime adequate, the elections. The important inquiry is for this purpose of protection, I shall vote whether thirty days is an adequate inter- for the proposition as it came from the 650 DEBATES OF THE committee, and against the pending to abridge that right simply on account of amendment, and all other amendments race, it is a violation of the Constitution which shall change its character. of the United States. Mr. GOWEN. Mr. Chairman: T nnder- I understand that the object of this prostand the question now before the comrn- viso is to prevent the hurry and scramble mittee is on the amendment to the amend- for naturalization papers which generally ment and that the amendment offered by takes place in our courts immediately bethe gentleman from Philadelphia (Mr. fore the election. But, Mr. Chairman,we Dallas) is to strike out the proviso in the simply put forward the time one month. first section of the article on suffrage, If the foreigners who wait until the last election and representation as it came day, and then rush into the courts to be from the committee. I am opposed to the naturalized, with the knowledge that the amendment to the amendment, and in leaders of one political party or another favor of the amendment as offered by the will pay for their naturalization papers, gentleman from Philadelphia (Mr. Dal- find out that they will have to obtain their las.) It seems to me that whatever ques- papers one month before the election, it tion may arise upon the fourteenth amend- simply makes the rush take place at an ment to the Constitution of the United earlier date. States, there can be little question as to Mr. MANN. Mr. Chairman: If the genthe meaning of the fifteenth amendment, tleman from Philadelphia will permit the which says that "the right of citizens of interruption, I desire to understand how the United States to vote shall not be de- the term "foreigners" designates a race nied or abridged by any State on account any more than the term " woman." of race, color or previous condition of Mr. GowEN. Mr. Chairman: Whysex, servitude." As I understand this section I suppose, is the designation that would as it is reported by the committee, a be used in the Constitution of the United naturalized citizen of the United States, States if it referred to the difference bewho has been a citizen twenty-five days, is tween the sexes. Certainly the word to be denied the right to vote, for no other race does not distinguish the difference reason whatever than that he is a foreigner between the sexes. But there is the Celtic and was not born in this country. The race; there is the Teutonic race. There moment a foreigner is naturalized, the are five great races of men, and each of moment the certificate of his naturaliza- these races has certain sub-divisions. tion is handed to him by the court, he be- Ir. MANN. Mr. Chairman: I ask the comes a citizen of the United States,.and gentleman from Philadelphia how the I take it that it is not in the power of any term "foreigner" designated a race in State to deprive a single naturalized citi- the way that he mentions. zen of the right to vote even for one day Mr. GOWEN. Mr. Chairman: The "foror one instant for a reason which does not eigner" is a different race of man from apply to native born citizens. the American born citizen. Certainly if this Convention has the [" No!" "No!" "No!" "No!"] right to deprive naturalized citizens of Mr. GOWEN. I do not agree with my the right of suffrage for one month it has friends on this subject. It seems to me the right to deprive them of it for one year that the majority is against me upon that or for ten vears. It cannot be denied, and proposition, but I apprehend that if you I apprehend.that no good lawyer will as- exclude a man from voting after he has sert that this Convention has any more been naturalized, on account of his napower to conflict with or impair the Con- tivity, you exclude him on account of stitution of the United States than our race. It seems to me, further, that if this State Legislature has. If, therefore, the Convention has the right to exclude him Constitution of the United States, which for one month it has the right to exclude is the supreme law of the land, declares him for ten years. that a State shall not abridge the right of There is another consideration of vastly any citizen of the United States to vote on more importance to the State of Pennsvlaccount of race, if this Convention under- vania, and stronger than any of those takes to put in the Constitution of this technical objections which I have urged. State a clause, the only object of which is in favor of the amendment. The State of CONSTITUTIONAL CONVENTION. 681 Pennsylvania is peculiarly a State in it, and in consequence of the peculiar which we want all the people we can got, condition of those material interests it is no matter where they come from, to help necessary that a large proportion of that us develop our material interests. The population always will be foreign-born. State of Pennsylvania is about the same I am opposed, Mr. Chairman, to putting size as England, which supports a popu- anything in the Constitution that will lation of nearly twenty millions of people. make the residence of a foreigner in the The State of Pennsylvania is peculiarly a State of Pennsylvania any more objecState rich inmineral products; the great tionable than it is in any other State. wealth of our Commonwealth is due to First, for the reason that it will accomnthose mineral products. For the devel- plish no good in curing the particular nient of these interests, of our iron, our evil which the committee hoped to coal and our oil, we want people to come remedy; and, second, because great evil into this State, no matter from where will result from it by keeping foreigners they come. I apprehend that the Ameri- from cominig into the State. can nation is the only country in the MIr. DALLAS. Mr. Chairman: I know world that, amtong its imports, shows mil- not what view the Convention will take lions and millions of dollars' worth of of the proposition of the able gentleman material wealth and prosperity imported from Philadelphia (Mir. Gowen.) I am in the shape of laboring men. We want sure that whatever view the Convention them to come into this State. We d;, not may take of his position in that matter, I want to put upon our Constitution a am very grateful to him for having asclause which shall draw any invidious sumed it. I commenced to feel strongly distinction against the foreigner after he the necessity of reinforcement, and I am shall have become a naturalized citizen. glad to have received it from so able a If it is understood abroad that the State source; and whether the position of the of Pennsylvania is one of the first to gentleman as to the meaning of the word make that invidious distinction, that a race, in the fifteenth amendment, be corforeigner in Pennsylvania does not, ipso rect or not, I can only say of him what facto, by the mereact of naturalization, he said of an equally distinguished genacquire all the rights which he acquires tieman the other day: "He is amply able in other States, what effect is it going to to take care of himself." At the same have on emigration? time it occurs to me that if the word If this amendment is simply for the race here does not have the construction purpose of preventing this scra~m~rble in which he has sought to put upon it, then the courts, as I said before, it only brings it applies only to men of different races that scramble forward a month earlier, and not of different nationality, and the and while it does not accomplish what is consequence is that a gentletan Xho nay desired, it stands Iupon the records of have been born in the interior of Ethiopia has a peculiar privilege because of that our State as a peculiarity, as something p that prevents a foreigner exercising in fact, and a nan bornin England, because this State the powers which he can ex- he is of the saine race as pmany of us, ercise in any other immediately upon the must do Without this special protection, act of naturalization, and it will prevent whereas a man from the centre of Africa thenm froih coming here. Nowv xve do is entitled to it. I do not propose, for i, want them to come here. Gentlemen in is not necessary to the question I am conthis convention may claiim that a greatt sidering, to raise any discussion as to the mn~any evils during election tinmes collie propriety or the impropriety of any such from the voting of foreigners who have result, but I say that that result inevitanot been naturalized. Let us puritfy onr bly follows and it is a consequence of any election system to cure this. I do not construction ofthat vord raceother than care how many foreigners vote if each of that which the gentleman from Philadelthein will agree that he will onl vote phia has placed upon it. once on any election day. But we do But, Mr. Chairman, at the beginning of want the material interests of this State this discussion I presented three matters improved enlarged and increased by all for the consideration of this committee. the population that can be brought into It was impossible for me to state, for I did 682 DEBATES OF THE not know, the grounds which induced the is in question, the law-maker himself Committee on Suffrage to insert this pe- would be called as a witness to instruct culiar proviso in the section under our the courts as to what he intended. consideration. It did appear to me that Now the fact is that it is not what the it was objectionable- law-nmaker intended, but what the lanFirst. As in conflict with the spirit of guage he has seen fit to use, intends that the Constitution of the United States-not controls this question, and I respectfully only with recent amendments, but with contend that the Convention should, as I the spirit of the entire instrument. think they will, put from their minds all Second. I thought that even if there that the distinguished delegates have were no restriction upon our powers, that said as being their private view and conthat restraint which should be ever pre- sider for themselves what this language sent with us was important here-the re- means. striction of sound principle; and that it Now, Mlr. Chairman, the language of tho would be contrary to principle to incorpo- first section of article fourteen is: " All rate such a proviso as this into any section persons born or naturalized in the United of our Constitution; and States are citizens of th 3 United States, Third. That it was a novelty; that it and of the State where they reside.' was something entirely new to our funda- WVill the gentleman tell us that this was mental law, something entirely new to intended to apply only to our colored citithe fundamental law of the United States zens? Who does not know that colored and of every State that composes it, and citizens are not naturalized? Now it has th~at therefore some very good rea~son been incorporated into the fundamental should be assigned for its introduction. law of the land that every " naturalized citizen,' and it is impossible, by construcNow, sir, I have patiently waited, and time, to remove the plain leaning of those have listened with attention and great re- two words, is a citizen of the State wherespect to the answers that have been made in he resides. by gentlemen on this floor to these propo* *itions.~- I appeal to every lawyer upon this floor, sitions. Without attempting to go over detailat each of the hs said for his professional opinion, and I appeal in detail what each of them has said in o to every gentleanar, who is not a lawyer, opposition to the position I have taken, I -tfor the opinion of his commnon sense, as propose to consider, in nmass, what all of to whether o ou cfn say, by your parathem have said upon each of these propo- m11ount law, that every naturaliz-d forsitions. eigner shall be a citizen, and then say, by We have had a construction given to this some other law, that he shall have none fourteenth section by the able delegate of the rights of citizenship? Clearly that fromn Delaware, (Mr. Broomall,) who, at cannot be. Therefore it follows that if you the time of the passage of this article in cannot stand upon that general proposiCongress, had the honor to represent his tion, you cannot fritter away nmen's rights district in that body, and we have had the in detail. If the naturalized citizen, the construction of the distinguished member moment he receives his papers, becomes from Columbia, (Mr. Buckalew,) based a citizen as good as any of us, you cannot upon the same fact. But both of these take away the rights that flow frorn that gentlemen well know that the construc- position, little by little, any more than tion which honorable members may have you could do the same thing at one fell had in their own minds at the time the swoope. You cannot justly say to him., article was framed never controls any you may hold property like a citizen, but man in the proper construction of the you shall not vote like a citizen for one language used. There is, sir, no more month to come. You are now, upon this dangerous method of construction than instant of time, as much a citizen as I am, that of asking the law-maker what con- or as any man in the Commonwealth of struction he puts on his own work. He Pennsylvania is; the pararhount law of has no right to say to us, if he has used the land says so, but for one month you equivocal or doubtful language, " I meant shall not enjoy the rights of citizenship, to say such and such." If that were so, but the most important right which is acin every cause tried in our courts where corded to every other male citizen, havthe construction of a law or a constitution ing a residence for two months in his dis CONSTITUTIONAL CONVENTION. 683 trict, and one year in the State, shall be be included in that protection. It is no denied to you. I say that, in justice, this answer to this to say that we also put some cannot be, because if you can take away restrictions upon native born citizens, so one, you cake away every right of citi- long as the fact renmains that we do not zenship, and leave him but the name; put upon them the same restrictions. and constitutional provisions are not It has been said that if my views upon Inade for the purpose of securing names this first section of the fourteenth amendto people, but for the purpose of sector- ment are correct, that still I am wrong, ing their political rights. But, it has because, in its second section, it impliedly been said, this proviso deprives men of grants the power that we propose to exno political rights, that " it is necessary ercise if we adopt the'report of the coinand proper that we should restrict this mittee. In the first place we can have right within certain limits for the protec- no power by implication, as against the tion of its purity," and " do we not re- use of express language depriving us of strict native born citizens?" Aye, you it; but, in the second place, let me call do, but by general rules, and by provi- the attention of gentlemen to the fact sions of general application, and so far that the second section of the fourteenth there is no doubt of your power and of alrendment is but the sanction to the the justice of its exercise. You have a first section. It does not assume, nor right to say to every citizen of this Corn- was it placed there for the purpose of monwealth. You shall reside in the State granting power, but on the contrary it for one year, and in your election division distinctly provides that if we violate the for two months. That is parfectly proper, first section we shall lose a proportion of but if you select one class of citizens, our representation in the United States as good as any other class, as thoroughly Congress. I did not refer to it at the citizens as any other class, and say to opening of my remarks upon this subthem, you shall remain one year and two ject, because I did not conceive that it months, and one month besides, then I could be necessary to do so. That any say you have made an unjust and un- gentleman would stand.upon this floor reasonable discrimination. and contend that we may properly vioThe fourteenth amencdmnent, in its first late the first section of that amendmtent, section, goes farther: "No State shall because the second prescribes the punishmerit for doing so, I never presum-ed to make or enforce any law which shall nent for doing so, I never presumed to abridge the privileges or immunities of bepossible. Thesecondsection provides citizens of the United States, nor shall what the punishment for violating the any State deprive any person of life, lib- Section shall be, but it does not say that erty or property, without due process of or ction in violating it would be right, law, nor deny to allny person within its beuse e coose to submit to such jurisdiction the equal protection of law." forfeiture of our proportionate participation in national affairs. It is a principle Here are rwe engaged in framing, for of law, that few gentlemen in this Consubmission to the people, the highest law -' vention need to be reminded of, that the of this Commonwealth. HIere are we at fact that a penalty is prescribed for dothe highest part of the performance of the highest part of he performance ofing the act, of itself, makes the act unour duty, at the consideration of the very lawful foundation of our government, for we are deciding now who shall constitute the B' ut, sir, I do not rest, as I said a mosovereigns of this State, and how sover- ment ago, exclusively upon the foureign power shall be exercised; and yet, teenth section, but also upon the Constisir, in the face of the constitutional pro- tution as it stood before these recent vision that all citizens shall be entitled to amendments were mnade to it. the equal protection of the law, we are M..r. B RooM{n L. If the gentleman will asked to insert a provision here in the sec- tion intended to protect the right of fran- suspnd his remarks I will move that the chise-the highest right that a citizen carl committee rise, repot progress and ask leave to sit again. have! Which shall say to some of our citizens that for one month they shall not The motion was agreed to. 684 DEBATES OF THE IN CONVENTION. Leave was granted to the conmmittee to Mr. LAWRIENCE. Mr. President: The sit to-morrow. committee of the whole have had again Mdr. COLLINS. BMr. President: I nmove under consideration the article with rex that the Convention do now adjourn. ference to suffrage and election, and have The motion was agreed to. instructed their chairman to report pros So the Convention, at one o'clock and gress and ask leave to sit again. fifty-five minutes, adjourned. CONSTITUTIONAL CONVENTION. 685 FOlRTY-FIRST DAY. ~WEDNESDAY, February 12, 1873. the Constitution, which was referred to Thle Convention met at eleven o'clock the Conmittee on Legislation. A. MI., IMr. Walker in the chair. Prayer ESON. PARSONT presented the potition of was offered by the Rev. David S. Monroe, the citizens of Lycomning county, prayin 1D. D., of York, Pennsylvania. for the saine provision in the Constitution, which was referred to the Committee on APPROVING TIIE JOURNAL. Legislation. The Journal of yesterday was then read REFEIRENCE OF R:ESOLUTION. anld eapproved. Mr. ARI3STRONG. M\r. President: Some REPORTS OF PROTHONOTARIES. time ago a resolution was referred to the Comlnittee on the Judiciary, relative to The PRESIDENT laid before the Conven- Co ttee on the Judiciay, elative to the rights of marriedl women over the action the reports of the prothonotaries of -Faette andmCarbon counties, relative to quisitiol, control or disposition of their separate property, real or personal, and thle nnumber of civil causes upon their re-' also another in regard to the chartered spective dockets. privileges of existing corporations. I ask PHILADELPHIA BOAIRD OF EDUCATION. that the Committee on the Judiciary be The PRESIDENT pro tem laid before the relieved from the further consideration of these, two resolutions, and that they may Convention the following communications, th th ey may fronm the Philadelphia board of educa-ctively referred to the Co on the Declaration of Rights and the tion: Committee on Railroads. 3BOARD OF PUBLIC EDUCATION, FIRST DISTRICT OF PENNSYLVANIA, CORPORATION PRIVILEGES. PHILADELPHIA, 2i'eb. 12, 1873. PHILADELPHIA, eb. 12, 173 Mr. COCHRAN. I call for the reading of To the Constitutional Convention: the resolution, which is proposed to be At a meeting of the board of public ed- referred to the Committee on Railroads. ucation of the First district of Pennsylva- The PRESIDENT pro tern. The Clerk nia, held at their chamber, on Tuesday, will read the resolution. February eleventh, 1873, the following The CLERK read as follows: resolution was adopted: Resolved, That the Committee upon Resolved, That the thanks of this board Railroad Corporations be instructed to, be and are hereby tendered to the Consti- report how far the chartered privileges of tutional Convention for the use of the existing corporations are in the nature o hall occupied by them for a meeting of contracts with the State. and as such not the board. subject to the provision upon the subject From the minutes. of corporations which may be incorporated H. VW. HALLOWELL, in the Constitution. Secretary. Mr. COCHRANT. Mr. President: 1 desire to say in regard to this resolution, that it INTOXICATING LIQTUORS. was acted upon somewhat hastily at the 1MAr. WVRIGHT presented the petition of close of the session day before yesterday. one hundred and sixty workingmen and I think it will be apparent to every menmtwso hundred and t-hirty-seven citizens of ber of the Convention that this resolution Luzerne county, praying for a prohibi- is not one of those which are referred as a tory clause in the Constitution against the mratter of course lo any committee. The sale of intoxicating liquors, which was rule of the body requires that all resolureferred to the Committee on Legislation. tions proposing anmendments to the Con8Mr. DARLINGTON presented the petition stitution shall be referred to the several of one hundred and sixty citizens of West committees having those matters in Chester, in favor of the same provision in charge. The wording of this resolution, 686 DEBATES OF THE it will be seen, does not propose any Mr. COCHRAN. Mr. President: I think specific amendment to the Constitution. there is no member of the Conventioni It simply proposes that a committee of that is more desirous, personally, than mythis body shall give an opinion or make a self to contribute to the dispatch of its report containing an opinion on a ques- business, or as little disposed to interfere tion of law-a question which may or may -with any propositions that are made to not arise hereafter. This resolution can elfect that end. But I beg now to state only be properly disposed of by taking it with regard to this resolution, that I think up and moving to proceed to its second it is too soon to make this arrangement. reading and consideration. This is the I want to state one fact, and ask gentleonly way by which it can be brought be- men simply to consider that fact whell fore the Conventionin orderto determine they vote. The committee, of which I whether or not any committee of this have the troublesome distinction to be body shall be required to report upon an the chairman, is in the habit of meeting abstract proposition. I do not object at nearly every morning in the week at nine all to the motion of the gentleman from o'clock, and sitting until this Convention Lycoming, (MAr. Armstrong,) that the assembles. We suppose, I do not know Committee on the Judiciary be discharged, whether rightfully or not, that the work because I think it is entirely proper, but I confided to us is a work of some importobject to have the resolution referred to ance. Now of that cornmittee four, orz the Committee on Railroads before it five, or six, I don't know how many, genpasses through a regoular consideration of tlelen. are mlembers of other committees, a committee of a Convention and thus and those important committees. I become under the rule. lieve we have some gentlemen on that The PRESIDENT pro tern. The Corn- committee who are members of the Judimnittee on the Judiciary is discharged ciary Committee, which is in the habit of fronm the consideration of the resolution. meeting in the afternoon. I think we also The question is upon the reference of the have some nommbers of the Commlittee on resolution to the Committee on Railroads. Legislature, which also meets at different Mr. COCHRAN. I move to lay the reso- times, and in that way a number of the lutionr on the table. e nmembers of our committee are duplicated Mr. oAINE. 1 cale for the reading of in their work. One of them is chairman the reAIsolution. I callfrtheredingofof the Committee on the Executive dethe resolution. The resolution was again read. partment. The motion to lay on the table was INow the work of all these committees agreed to. is going on, and I hope is approaching HOUR OF MEETING. coimpletion. If the Convention will only IMr. BiROO-IA~LL. Mr. President: I offer have patience for a few days, and let our )It. BROO_~AT,. MIr.President: I offer the folloxving resolution: sessions remain at eleven o'clock, then the the following resolution: Committee on Railroads can meet in the Resolved, That hereafter the sessions of the Convention shall begin at ten o'clock morning, and sit tw A. M. work, and the members of it who are on other cormmittees wvill have the afternoon The resolution was read a second time. for meeting those other committees. Our IMr. HoPKINs. Mr. President: I move Committee on Railroads have fixed upon to amend that resolution, by inserting the the morning, a very inconvenient hour to words, at the end of the resolution, "a ad mary of our nmembers, at nine o'clock, adjourn at one o'clock, and meet at three just for the purpose of enabling our menmP. MI. and adjourn at five." bers to attend our meetings without interMr. KAINE. Mr. President: I ask fering vwith their duties on other coinmmitwhether the resolution is before the Con- tees. Therefore I hope that the Convenvention. tion will not, this morning, pass either the The PRESIDENT. The resolution is be- resolution or the amnendment. I do not fore the Convention. It has been twice think there will be anything gained by read. The gentleman from Washington forcing the passage of the resolution re(Mr. I-Iopkins) moved to amencl, by ad- quiring us to meet at ten o'clock. Let us ding thereto that the Convention "sad- wait a little vwhile longer, and let these journ at one, and meet at three and ad- committees have time to do their ATork, journ at five." The question is on the andthenmneet,ifyouplease,atnineo'cloc(k. amendment. I will be ready. CONSTITUTIONAL CONVENTION. 687 Mr. MIALLISTER Mr. Chairnman: I offered this resolution in accordance withl agree with the gentleman from York the expressed wishes of quite a number (Mr. Cochran) in the remarks he has of gentlemen in the Convention; and I just made. I am a memlber of the comn- can speak for the Judiciary Committee, meittee of which he is chairman. WYe meet that they have very sensibly felt the neevery day-at nine o'clock and sit, as he has cessity of the book. A new edition of said, for the two hours that intervene be- Purdon's Digest has been published, and, fore the meeting of the Convention. The 1 believe, issued upon AMonday of this committee of which I am chairman meets week. It can now be procured at a cost every day at four o'clock in the afternoon, of fifteen dollars a set, and the five copies and- has so met from three days before the will cost this (Convention seventy-five dolorganization of the Convention in this city. lars, unless they can be procured at a less There are three members of the Commit- expense by taking several copies. tee on Suffrage, Election and Representa- Mr. CoRsoN. Twelve dollars and a half. tion who are members of the committee Mr. AntIrsTRONG. Mr. President: I am of which the gentleman from York is glad to be so informed, but the retail price chairman. We work hard- is fifteen dollars. I hope this Convention IMr. BROOMALL. Mr. President: I pre- will not longer delay the business of the fer to withdraw my resolution rather than comittees or of the House for want; of have it debated at any further length. small an expense. IMr. Mi'AFLLISTER. MIr. President: I The resolution was agreed to. will then state, whilst I anm up, that the best possible arrangement that we could POSTAGE ON DEBATES. have is that which we have now, for meet- Mr. HI-ARRY ~WHITE. Mlr. President: i ing at eleven o'clock and adjourning at offer the following resolution: two. It affords proper time for getting Resolved, That the Cornmmittee on Printdinner and for meetings, both in the ing be and is hereby instructed to confer, morning and in the afternoon. I hope at the earliest possible moment, with the the end of committee -work is coming, Postofilce department at Washington, and though we scarcely yet see the end. I procure, if possible, an arrangement for hope the day is coming when the commit- forwarding the copies of the Debates of tees will have completed their labors, and this Convention by the State Printer to we will be ready for general work in the the different newspapers of the State, at Convention. newspaper rates, paid quarterly, in adMr. BROOMALL. ir. President: lRather vance, and to make report thereof to the than waste the session in debate I will Convention. withdraw the resolution. Mr. HARRY WHITE. Mr. President: The PRESIDENT. It is not in the power One word of explanation as to this resoof the gentleman from Delaware to with- lution. Sometime since the Convention draw it, inasnmuch as it has been read a passed a resolution authorizing the State second time. Printer to forward copies of the DeMIr. B13ROOALL. Mr. President: Then bates to the different newspapers of the I move that it be postponed for the pre- State. I conferred with the State Printer sent, in order to stop this debate. the other day, in connection with the The motion was agreed to. chairman of the Committee on Printing. PROCURINNG PURDON'S DIGEST. The question naturally arose how these Debates were to be forwarded, and how Mr. ARaISTRONG. Mr. President: Ioffer the postage was to be paid. The Conventhe following resolution: tion will observe that unless there is some Resolved, That the Clerk procure, for special arrangement made with the Postthe use of the (Convention, five copies of office department,one cent-the newspaper the new edition of Purdon's Digesti which postage —will have to be pre-paid for every shall not be removed from the building. single copy of the Debates sent to the differMr. ARMSTRONG. ALr. President: WVe ent papers. I have no idea exactly what have suffered great inconvenience for the nulmber of newspapersarepublished in the want of Purdon's Digest. It is a book State. Other gentlemen may have more which is constantly inquired for upon correct ideas; but, at all events, if Ae are tile floor, and which would be exceed- to pay one cent postage upon every single ingly valuable in the debate which is copy forwarded, the postage will be very now progressing on the question of the considerable. The Legislative Journal rights of naturalized citizens. I have Debates, the daily debates of the Legisla 6S8 DEBATES OF THE ture, are forwarded, according to an ar- annoyance of paying postage bills every rangement made with the Postoffice de- day is considerable, and this course propartment in Washington, by paying the posed by the Committee on Printing obpostage quarterly in advance. I am sat- viates it. The printer may present his isfied that the Committee on Printing can bill monthly or quarterly, or at any other secure an arrangement of this kind, and regular time that he sees fit. The money it will effect a great saving to the Comn- has to be paid, and provided it is paid in nlonwealth, and will be a very great con- such manner as is as little trouble as posvenience to the State Printer. sible to the Convention, the purpose is Mr. NEWLIN. Mr. President: I will fully met by the resolution I present on state, in answer to what has just been said behalf of the committee. However, if by the gentleman from Indiana, (Mrr. any other or better mode can be suggestHIarry White,) that the Committee on ed, I have no preference. Printing had a meeting a day or two ago, Mr. HARRY WHITE. Mr. President: and they have directed me to make a re- With all due deference to the chairman of port, which is embodied in the resolution the Committee on Printing, his resolution which I now hold in my hand. If the does not meet the purpose I had in view, gentleman from Indiana will, for the pres- at all; and for the purpose of testing the ent, withdraw his resolution I will offer sense of the Convention, I move to strike this as a report from the committee, and out all after the word "resolved," and inthe Convention can take whatever action sert as follows: seems wise in the premises. i" That the Comrnmittee on Printing be Mr. HARRY WHITE. MiPr. President: and is hereby instructed to confer, at the Let the gentleman from Philadelphia earliest practicable moment, with the mlake his report, and if it answers the Postoffice department at Washington, to purpose I will, of course, withdraw the secure, if possible, an arrangement for resolution. forwarding the copies of the Debates, by the State printer, to the clifbrent newspaREPORT OF THE CO3IMITTEE ON PRINTpets of the State, at newspaper rates, paid quarterly, in advance, and to makereport IMr. NTEWLIN. Mr. President: The thereof to this Convention." Committee on Printing would respectfully The PRESIDENT pro tern. The amendreport: ment is before the Convention. That Mr. Benjamin Singerly, the Mr. HARRY WHITE. Mr. Piesidents printer of the Convention, has been ready The Convention will observe that the to send one copy of the Debates, ordered resolution offered in connection with the to be transmitted to the various newspa- report of the Committee oin Printing pers and publishers in the State, and merely contemplates authorizing the others entitled to receive them, by mail, State printer to pay in advance the postbut he has been unable to do so because age upon the debates, at usual current payment of postage thereon is required rates for such matter. Thiswillswell the to be made in advance. In order to ob- volume of postage largely beyond what viate that difficulty the committee sub- it will be if these debates are forwarded mit the follow resolution: at newspaper rates. The purpose of the _Resozed, That lMr. Singerly be re- resolution I offer is to authorize the coinquested and authorized to pay the postage mittee to confer vith the Pbst office denecessary for the purpose of sending the partment at Washington, to secure aln copies of the Debates of this body, ordered arrangement by which these Debates can to be transmitted to the several newspa- be forwarded at newspaper rates. This pers of the State, and others entitled to re- course will, as I have said, largely deceive them, by mail, and that he furnish crease the volume of postage to be paid. his account for the same, duly authenti- I hope my amendment will be- adopted. cated, to the Committee on Accounts of Mr. NEWLIN. Mr. President: I xwill this Convention. say but another word on this subject. Mr. NEWLIN. Mr. Presidnt: I submit The resolution which I hava had the that the resolution which is now before the honor to present from the committee toConvention meets the purpose intended day, is one which was adopted some clays by the gentleman from Indiana (Mr. Har- ago and handed to me yesterday. After ry WThite.) It is immaterial how often the explanation of the gentleman from postage bills are paid, provided they are Indiana, (BMr. Harry Wlhite,) I am satisnot paid every day, as the trouble and flied that his resolution is better than that CONSTITUTIONAL CONVENTION. 689 reported from the Committee on Print- Mr. PORTER. Mr. President: I do hope ing. the report of the committee will prevail The PRESIDENT pro tern. Does the gen- in this matter. There is a great deal of tlemnan (Mr. N ewlin) accept the amiend- complaint all through the State on account ment? of the proceedings not being received by Mr. NEWLNq. I cannot do so, sir, as the country papers. Theresolution of the mny resolution is part of the report from committee will obviate that difficulty. the committee. They will get the advantage as quickly as Mr. COCHRAN. Mar. President: I would possible of our proceedings here; and if like to inquire, for information, whether this amendment is to be adopted it wilt it is not true that for one cent you can send onlydelaythis desirable consumma tion. a half ounce of printed matter, paid in a- I trust the report of the Committee on vance? Is not that the postoffice law? Printirg will be adopted. Is it true that you have to pay one cent Mr. BROOMAIL. Mr. President: I i st for etery s u arate piece of paper-every c wish to ask the gentleman who has taken separate publication, or cannot you sendwhether he supposes the newsthree or four together, provided they do papers will get the Dea-tes any quicker not amount to more than a half ounce? than we ill. We get them nearly a If that is so the printer would get all the month after their proper date, when they advantage of the reduction by simply are of no possible use to us.'hey wvill,.sending three or four days Debates at a therefore, be of no possible use to the time. newspapers at this time. If there is anyr Mr. DODD. Mr. President: I would newspaper in this Commonwealth that has like to ask the'gentleman from Inrdiana any use for a paper that is three weeks ol d, (Mr.I- Harry White) whether the postoffice I would very much like to see the editor. Mr, C. S, IT:. Jr. President: I department has a right to make any al- r. President I hope the Convention will pass the amLendteration in the law in relation to postage; Convention will pass the amendwhether it would not be necessary to have the gentlemanfromIndiana. I am not sure but what the original resoluan act of Congress in relation to this mat- tion assed y the Convention, directing terP?tion passed by the Convention, directing that copies of the Debates be sent to all Mr. HAPRRY WHIT1E. Mlr. President: the newspapers in the State,was too broad In answer to the inquiry of the gentleman and too conprehensive for usefulness. If tfrom renango, (Mr. Dodd,) I would say you count up the periodicals published in that the postoffice department can decide this Commonwealth, you will find that what should come within newspaper post- there are publications coming within the age and what should not, They have definition of "newspapers," numbering done it in the case of the daily Journal of something like six hundred. I do not the Legislature at Harrisburg. This ques- think it will fall at all short of that numtion was fully discussed at the time the her-six hundred and fourteen, a gentleproposition was made in that case. The man near me states. postmaster at Harrisburg had theretofore Many of these are not of such a char. accharged one cent for each separate docu- any of these are not of su ent, and a very cosiderable saving was ter as could have been in the contemplamenttion of this body when the original resoeffeted by the nlew arrangemenrt —the lution was passed. However that may exact amount of.money which was saved. A y large saving would certainly be, if this matter of postage should be reA very large Esavling would certainly be ffected- in this instance a-lso. ferred to the Postmaster General at Wash — ington, we can ascertain exactly what can 1r. EHY. Mr. President I worunld like Mr. AY Mr. Presidet: I would like be done, and whether sorme favorable ar-. to ask the gentleman from. Indiana (Mr. rangement can not be made in regard to Harry W'hite) whether, in considering it. this subj ject, lie has made any calculation It occurs to ne, sir, that if the pos ge as to the amount of expense which this on these Debates were.paid by the propritransmission of Debates involves for post- etors of the newspapers receiving them a age? considerable saving to the State might be IMr. HARRY WHITE. I have not. The effected. Newspaper mren getting the mnatter was talked of when the ('onven- Debates ought certainly to be willing to tion passed the resolution directing the to pay the postage themselves, and in mvn printer to transmit these Debates. The opinion they should not be sent to any iuestion now is, how the postage can be newspaper whose propritors are not wTtpai~d 0most economically. ling to pay the postage. If that arrange44 690 DEBATES OF THE ment could be carried into effect it would Be it resolved, That the Committee on be very much the better plan. Let the Counties, Townships and Boroughsis hereprinter promptly cut off from the list any by requested to inquire into the propriety newspaper which neglects to pay the post- and justice of reporting to this Convenage. As a newspaper man myself, I am tion, for its consideration, an amendment in favor of pursuing such a plan, and I do to the Constitution providing that all nonot think there is a respectable newspaper tices emanating from the courts and in the Commnolwealth that would not be public offices in the respective counties of willing to do so. To make this inquiry this Commonwealth, now or hereafter rewill only take a day or two, and I think quired to be published for public or priit ought to be made, vate information, shall be published in Mr. HARRY WVHITE. Mr. President: If the two newspapers, issued in the county we could get an arrangement made by where such courts or public offices are which these Debates could be sent for situated, which have the largest circulatwenty cents a quarter, and supposing tion. there are, say two hundred copies to go out, EX-GOVERNOR GEARY'S FUNERAL. that will make forty dollars a quarter. [Several Delegates. There are six hun- Mr. LANDIS offered the following resodred copies.] lution, which was read:.. _ir. HARRY WHITE. Well, of course, Resolved, That in respect to the memory:hat ~vvould make it proportionally more of the late John W. Geary, in view of his for postage. Now, supposing that each distinguished services as a soldier and copy costs a cent a piece to transmit, and citizen, and as the late Chief Magistrate assuming that there would be ninety for of the Commonwealth, during whose ada quarter, the cost of the two hundred ministration this Convention was called -would be $180, to revise the Constitution, a committee of The question being upon the amend- six members be appointed to represent ment of Mr. Harry White, it was agreed this Convention at the funeral ceremonies, to. to take place at Harrisburg on the thirThe question then recurring upon the teenth instant. resolution as amended, it was agreed to. The question being, shall the Convention proceed to the second reading and COUNTY ADVERTISING. consideration of the resolution, it was Mr. PATTON offered the following pre- agreed to. amble and resolution, which were referred Mr. HARRY WHITE offered to amend, to the Committee on Counties, Townships by adding: and Boroughs: Resolved, That, as a further mark of reWHEREAS, Under the present practice spect for the deceased, when the Convenregulating the publication of legal notices, tion adjourns to-day it will adjourn to sheriffs' sales, &c., such publication now meet on Friday next at eleven o'clock generally reaches the attention of but a A. M., so that the members of this Conportion of the citizens of each county, in vention may attend the funeral to-lmorconsequence of said publication being row. committed to newspapers circulating ex- The question being upon the amendclusively among the citizens belonging to ment, it was rejected. one political party, whereby nearly one Mr. LANDIS. Mr. President: I do not half of the citizens, in many instances, desire to pronounce any eulogium upon are deprived of information seriously af- the character of Governor Geary. All fecting their interests: that I have to say in reference to it is this: And whereas, This system of partial That I cheerfully acquiese in the sentipublication is the continual cause of dis- mnents pronounced by the gentleman from satisfaction, and operates greatly to the Lycoming (Mr. Armstrong) and the geninconvenience and injustice of a great tleman from Dauphin (Mr. Alricks) portion of the people: last week. I recognize the fact that GovAnd whereas, It is eminently proper ernor Geary has been a distinguished citthat the largest publicity should be given izen of the State; that he was a distinto official notices of a public character, guished soldier in the armies of the counand that the fullest opportunity be given try; that he was lately Chief Magistrate of the citizen to have information of all our State, and that it was during his adprocess or proceedings affecting his pro- ministration that, by a law, this Convenperty, rights or interests; therefore, tion was created. I think, therefore, sir, U0ON ST'ITtUTIONAL CON'VEN TION. 691 it is due to him that this Convention the proceedings of this Conventionduring should pay to himl this mark of respect, by its session at Harrisburg, respectfully reappointing a suitable committee to rep- port: That A. MI. Martin and H. J. _Mason resent it during the funeral ceremonies, were appointed by the Secretary of the atHarrisburg, to-nmorrow. Ifurthertthink Commonwealth at the opening of the sees that this may be done regardless of all sion of the Convention to act as steno.. honest and just criticism, and all partisan graphic reporters until the Conventiodlifficulties, as a mark purely of respect should supply their places, and were conto his distinguished character and ser- tinued in the discharge of their duties vices. during the sessions at Iarris-burg. Ni-: The resolution offered by ~M:r. aIndis fixed compensation was agreed upon at was agreed to. the time of their employment, and the DEBATE UPON ADJOURNMNIENT. committee is of opinion that these reporters should receive a fair compensation for Mr. DARLINGTON offered the following their services which should not be der'esolution, which was twice read and temined by the rates xed by te Co refrained by the rates fixed by tihe Conagreed to: vention for its official reporter. The corn Resolved, That hereafter all question as mittee has therefore reported to be paid to the timle of meeting and adjournment Messrs. Martinr and Mason a sum someshall be decided without debate. what larger than now paid the present EXAMBIING COIMMITTEE. official reporter for the same work. The Mr. T. Hl. B. PA.TTERSON offered the fl- following resolution is reported for the action of the Converntion: lowing resolution, which was read and referred to the Com.lnittee on the Judi- Resolved. That a warrant be drawn i - ciary: favor of A. MI. Martin and H. J. MRason for Resolved, Th~at the Coanmlittee on the the sumn of three hundred dollars each, in Judiciary inquire into the expediency of fnli payment for services rendered the iltrod.ucing into the Constitution such a Convention as reporters of its proceedings proposition as the following, via: and Debates at tile Harrisburg session. "No person shall be eligible to be Mr. BowMvrIAN. Mr. President: I proelected to the office of mayor of a city, pose to offer an amendment to this report burgess of a borough, alderman or justice of the committee. I think the committee of the peace, within this Commonwealth, has labored under a mistake. If I underuntil he shall have passed an examina- stand their report correctly, it says that tion before a commrittee of three compe- they have increased the compensation of tent citizens, appointed annually by the these reporters somewhat beyond the conjudges of the'courts of common pleas of tract price, as fixed for the official reportthe several counties, and receive their ing of this Convention. Now I think, if certificate that he is legally competent to the gentlemen will examine the labor that discharge the duties of the office to which has been clone by Messrs. TiMason and TMarhe aspires, or is elected, and that he is of tin, they will find that, according to the good moral character." contract price, it would amount to a greater asum than that reported by the committee. RULE TWTENTY-FIVE. I therefore offer to amend this resolunMr. DoDD offered the following resolution, which was read and laid upon the ton, bystrikingout'threellandidlserting "'four." table under the rule: Resolved, That rule twenty-five be lim- Mr. HAY. Mr. President: 1 desire to ited, by striking out the words "' oftener state, in behalf of the Committee on Acthan twice," and insert "'but once." counts, that they very carefully examined the account which was referred to them PAY OF STENOGIRAPHIERS. for settlement, and that they have been Mr. HAY. Mr. President' 1 am in- very careful and very accurate as to the structed by the Committee on Accounts amount of work that was performed, and and Expenditures to make the following that the compensation which they have report: reported to be paid to these gentlemen is, The CLERK read: atleast, twenty-five per cent. larger than The Committee on Accounts and Ex- would be paid for the same service to the penditures, which was directed by the present official reporter, and that the sesConvention to settle the accounts of A. sions at Harrisburg having continued for M. Martin and H. J. Mason, for reporting three weeks,these reporters would receive DEBATES OF THE one hundred dollars a week for their,er- doing here. They did just tnwic the vices. amount of work every day that tw o of' Mr. BowvAN., Mr. President: It is a these men do. They shoulcd bepaid t,orematter of no sort of consequence how long than is allowed at the rate that; ur reporthe Convention continued in session at teris now paid. I think the amendiment;Harrisburg. The question to be deter- therefore should be adopted. I was not tmined, in ascertaining the amount of present in the col-nmmittee room when the, compensation that should be received by report was made up. these reporters, is the amount of labor Mr. CocHRAN. XMr. Presicent: I cere which they performed. While it is a fact tainly have felt disposed to pay these genthat the Convention only continued in tlemen what was a fair and proper cormsession during the time named by the pensation, according to the best of my gentleman from Allegheny, (Mr. Hay,) judgment. Iam a member of the ConmI know, of a fact, that these individuals mittee on Accounts, unfortunately, alongput in two days for every one day that with my friend fionu Perry (Mro Joseph. they labored. there. They were engaged Baily.) If my friend, was not present at upon this work night after night, until the time, it was not the fault of the comr the small hours of the morning, and let mitteeo He left the committee- room at every gentleman look at the- work they the time this question was taken up. have performed.; he will discover that Mr. Jos. BAILY. I wish to interrupt there are here printed one hundred and the gentleman. The chairman of the' forty-eight pages. According to the con- committee said he would be through with, tract price established it would amount the business in five mninutes, and there to more than six hundred dollars. These would be no other business taken up than individuals came there and were assigned the subject then before the committee,. to that position by the Secretary of the and that did not relate to this subject. Commonwealth, and subsequently, by a They took it up after 1 had left. resolution which was introduced by the Mr. CocHRAN. The business of the gentleman from Columbia, (Mr. Bucka- committee was not finished when the genlew,) their services were retained by the tleman left, and there was a quorum presConvention during its sessions in Harris- ent after he had gone, and we went on to burg, which you. will find in the Journal, transact business. Now, Mr. President, I on page one hundred and sixty-four. tried to make a calculation upon the basis Now is it possible that these individu- furnished by the chairman, and as I unals are to be held down strictly to the con- derstood, and I made it that. under the tract price for a few days' labor, incurring compensation allowed to the official re-. the expense of travel in going to and re- porter for the same amourit of work, he maining there, and returning from? If would have received five hundred dollars. it were in order I would move to refer The amount proposed to be paid is one this report back to the committee, but I hundred dollars more. do not know that that is in order; per- I agree with the gentleman from Erie haps we can take a vote upon the motion (Mr. Bowman) that it is not exactly the to amend. I am satisfied that when the question of the length of time the Congentlemlen of this Convention understand vention sat at HIarrisburg. I agree enthe labor that has actually been performed tirely with the gentleman from Erie, (Mr. -by those reporters, it will come to the con- Bowman,) but it must be remembered clusion to agree with me that the amount, that the Convention was in session in as fixed by the committee, is decidedly Harrisburg only three weeks, and that too small. during this time we did not sit more than Mr. JOSEPH BAILY. Mr. President: It three days a week. Shall it be said, in is proper for me to say that I am a mem- view of this fact, that these reporters had ber of the Committee on Accounts and not tine during the period in which the Expenditures, and was not present at the Convention was not in session to bring session of that committee when this reso- their report to a completion? Why, Mr. lution was agreed upon. My own judg- President, I am willing to pay these rement is that the amendment offered by porters a fair compensation and,according the gentleman from Erie (Mr. Bowman) to the best of my judgment, I think that should be adopted. the compensation proposed by the coinI think such a course would be just to mittee is a fair and adequate one. I would1 these two gentlemen. They did the work not deduct one cent from the compensaat Harrisburg which four gentlemen are tion of these gentlemen that I thought CONSTITUTIONAL CONLVENTION.: 693'they were entitled to, but I really think rest in this branch of the subject excluthat one hundred dollars a week under slvely upon the effect of tb.hat fourteenth the circumstance, in which we were as- amendmnent.sembled at Harrisburg, and when that is Among the powers delegated to Conone hundred dollars more than I under- gress by the Constitution of the UJnited;stand the calculation of their work States, prior to these recent amnendnents, amounts to, we have made what I con- the power of establishing uniforn laws of sider a fair and liberal compensation for naturalization have been lmentioned. their labor. That po srer, as I have said already, was The question wvas then taken on the an exclusive power, as it has been rce-.amendment offered by lMr. Bowman of peatedly judicially held. XNow theproviErie, and the amnzendmuent was rejected. 8, which my amendment contemplates The question recurrirng on the resolu- proposes, so far as the right of franchise is lution offered by the Coanmittee on Ac- concerned, to extend the period of natncounts and Expenditures, the resolution alization one nonth beyond the tirne ~-iw7as agreed to. fixed by the act of Congress passed in accordance with the Constitution of the SUPPLEsIENTAL REPORT OF RHE C6o0- United States. I acknowledge, of course, MITTRE ON SUFFRAGE. the force of the argument that the State of Mr. M'ALLIrSTER. Mr. President: I de- Pennsylvania has the right to fix regula-:sire to present the second supplemnentary tions by which the privilege of franchise aLnd partial report of the Commriittee on shall be exercised, but 1 contencd that anly.iSufflrage, Election and Representatiorn rule or regulation established by the The PRESIDENT pTO tern. The Clerk State upon this subject must be general in its application. To the remarks of the Tillhe Creadth rep.ad as followsgentleman from Allegheny (Mr. J. W. F. TWhite) that a foreigner could not corn-. VI.VA VOCE ELECTIONS. plain because this rule applies to all for-, eigners, and because we made a rule to "411 elections folr persons in a 6represen- apply to citizens as well as foreigners. I "natbve capacity shall be viva vore."1 reply that that argumeent fails in the fact ELIGIBILITY OF FEIA.FLES. that the only rule which this proviso "PFeieales of the age of twenty-one years seeks to establish, which he says tral yr -or upwards shall be eligible for election applie to all foreigners, oniy applies to or appointmernt to the office of ling within its limits this native born, yet disfranchised, peo-:from an adjoining State. In this case it ple were, by the operation of these few' was held that they might be taxed, so far magic words engrafted into the organic,,s no discrilnmiation was made against law of the United States, made citizens, {-ther States, and as long as the comnmerce though they were not thereby made elecd f acijoining' States was treated in the- tors in the States. This is perfectly clear, s'ame manner as the bu.siness or tmerchan- from the second section of the fourteenth disc within its own borders. I therefore article, where it appears that ih the right claim that these principle.s are applicable to vote for certain officers, mentioned to the question under discussion, vithout therein, is denied to any of' the male inregaard to the fourteenth amendment, and habitants of a State, being twenty-oneat' the Congress of the United States, years of age and citizens of the United having provided a law, uniform in its States, is in any way abridged, except for 9-periation of naturalizing citizens, whlen participation iii rebellion, or other crime, this power was granted to Congress, it the basis of representation shall be re — waS designed that these naturalized citi- duced in a certain proportion prescribed -eons should possess equal civil rights therein. wi.itr any -mian who owned his citizenship This section contemplates that the States emf —l the period of his nativ-tit; and if might undertake to deny or' abridge the dtepriYved, by law, of the right of the elee- exercise of the eleetive franchise by certive franchise, he is left a citizen of the tain iasses of citizens of the United States, S',ate muerely in name. recognizes fully the power of the States so Mr SM-iXRP. Mr. Clirman:. The to do, but fulminates the threat that if the q lt estion bteliree the colmmlittee has a two- attempt is made it shall be ptinished by a foild aspect. The one of power and the redu-ction of the political power of the oth;e of propriety. It is denied by gen- State so offending. The meaning anG tiemen of sounld judgment and great abil- purpose of the amendments crop out itr, on this flooer; that it is colmpetent for boldly in this second section of the cur-. -us to deoclare in the organic law;that "'no tailment of the elective franchise by the raturalized citizen shall enjoy the right States shall be applied to those who have of an elector uintil one mon-th shall have been engaged in rebellion or other crime. elapsed irom the time he became a citi- There shall be no reduction in representiar:aln'.: In support of this, theory refer- tion, but if not for that cause but for some ence has been made to the fourteenth other, that is, on account of race,or color or t,;rticle of the Constitution of the United previous: condition of servitubde, then the.;tetes. Thefir-t section ofi hich provides, penalty shall be enforced. rWho can doubt,.'Aronig other things, that "all persons born in full view of the surrounding circulm-. or naturalized in the UTanited States, and stances, and the language of the first two ubj eet to the jurilsdiction thereof, are citi- sections of the fourteenth article, that they enus. of' tthe United States and of the ~were intended to protect the black manl.,'State in which they reside, No State and him alone? Further. we all know, ishall make orenfore acnsy law which shall sir, that the adoption of this fourteenthabridge the privileges or immunuities of article was not regarded by any one as eitiiens of the United States." This arti- operative to confer the right of suffrage cle of the Constitution iwYas sent down to upon the negro in the States. He was: luoe Statess for ratification oi the 16th of not peruitted to lvote im Peulnsylvsai1a oe, CONSTITUTIONAL CONVENTION. 695 in any other northern State where he had broader sweep, and were meant to protect been previously disfranchised, in conse- white men, still, I submit, sir, that they quence of this amendment. The Consti- contain nothing which interdicts this Colntutions of the States still prevented this monwrealth from doing what it is now promatter, until a power higher than they, posed to do. on the thirtieth of March, 1870, sent down It is true, as my learned friend from another amendment to the Legislatures of Philadelphia (Mr. Dallas) has argued, the States for ratification, which is called that the Constitution of the United States the fifteenth article, and provides: " The declares that Congress shall have power right of citizens of the United States to to establish one uniform rule of naturalizavote shall not be denied or abridged by tion. Congresshas exercised that power, the United States, or by any State, on ac- and the States therefore have no control count of race, color or previous condition over the subject. Besides the native born of servitude." This article was not a sin- citizen we have the naturalized citizen, gle step forward but an immense stride in who acquires his title to citizenship under advance of the fourteenth article. Almost the mandate of the supreme power of the four years elapsed between their adop- nation. Whilst, therefore, the Statescantion. This period was needed to inspire the not place restrictions upon naturalization, faint-hearted in Congress with courage, beyond what Congress has established; and to educate the nation up to this be- whilst it is further true that all persons nevolent consummation. The fifteenth born or naturalized in the United States, article simply closed up the gap which and subject to the jurisdictions thereof, timidity had left open in the fourteenth. are citizens of the United States and of The latter made the negro a citizen of the the States where they reside; whilst it is United States, and of the State wherein also further true that the rights of citizens he resided, leaving the question of his of the United States to vote shall not be right to vote with the States themselves, denied or abridged by the United States, placing theni, however, under bonds for or by any State, on account of race, color good behavior on this subject. or previous condition of servitude, it does Wrhilst the fifteenth article made him not follow, from all this, that the States a full fledged elector in every State, may vote, *subject to these restrictions, striking down with its iron hand every prescribe the qualifications of their elecresisting State Constitution, the four- tors. Congress has never undertaken to teenth article contained the embryo of do this. Indeed, no power is possessed negro suffrage, which, in the fifteenth, by Congress on this subject, except as we grew and matured into a fully devel- have just stated it. I, for one, sir, shall oped right. Read, therefore, in the never agree to surrender to the general light of history, in the focus of surround- government a control over the elective ing circumstances, and further illumina- franchise in Pennsylvania upon doubtful ted by the exposition of those who were construction, or forced inferences. When instrumental in securing their adoption, this right is absorbed by the general govit must be manifest to every one that the ernlllent, you may as well abolish your first two sections of the fourteenth article State Constitutions, obliterate your State were meant to make the negro a citizen, lines, and bow your neck to the yoke of whilst the fifteenth article was meant to centralization. He, sir, who tells me that make him an elector in the States. This, whilst we may declare that a man must we submit,was their whole scope, purpose be a citizen of the State for one year beand result. The very collocation of words fore he can vote, yet we cannot declare in the fifteenth article, "race, color or pre- that he must be a citizen of the United vious condition of servitude," points as States for one month before he can enjoy distinctly to the African as though the the same privilege, must show me a clear word had him expressed upon the face of warrant, under the hand of the highest the enactment. power of the nation, for his assertion, beWe conceive, therefore, sir, that the fore he can command my faith. proposition before the committee is that So far, therefore, as this proposition is transgression of either the fourteenth or one of power in the State to place this refifteenth amendments for the reasons al- striction upon the naturalized citizen, my ready stated. But if we have erred in mind is clear of doubt. this, if by any chain of correct reasoning This much 1 have said in defence of it can be shown that these articles of the State sovereignty, for I insist that this Constitution of the United States have a great ConmoTvTealth has not yet ignobly 696 DEBATES OF THE lost all control over the elective franchise clause into the organic law, I consider of her citizens. that it is better that a few may suffer a But behind this question of power lies temporary inconvenience or injustice, the question of propriety. It is charged than that the liberties of a free people against the present State Constitution shall be endangered by the corruption of that it suffers naturalization of foreigners the ballot-box. to take place up to the very day of the For these reasons I shall vote to retain election, and in consequence of that, the provision in this section. fraudulent naturalization papers are is- Mr. CLARK. Mr. Chairman: The quessued, and that they are fraudulently usld: tion before the committee seems to be as upon election day. The claim that is set to the power of the State, in its Constituup for the proviso in this section is, that tion, to make the provision which is anby requiring naturalization to be made for nexed to the first section: "No naturalat least a month before election day, it ized citizen shall enjoy the rights of an will prevent, to a great extent, the issuing elector until one month shall have elapsed of these fraudulent papers, and their from the time he becomes a citizen." fraudulent use. The plea is for the purity 1 think that in the outset it is proper to of the ballot-box. know whom we are to regard as citizens. After mature deliberation I have de- Who are citizens of the United States, or termined to adhere to the proviso, al- of a State? The fourteenth amendment though in doing so I may, to sonme ex- to the Constitution of the United States tent, curtail the equal privileges of the gives a concise legal definition of the naturalized citizen. I am, sir, for laying term "citizen." It says: "All persons a strong hand upon frauds in naturaliza- born or naturalized in the United States, tion. And then, I ask, who will he be and subject to the jurisdiction thereof, are that will lay a strong hand upon the re- citizens of the United States and of the peater; upon the ballot-box stuffer; upon State wherein they reside.' "All persons that faithless officer who, instead of con- born or naturalized in the United States," serving the ballot-box in purity, and no matter whether male or female, making it the mirror of the will of a free whether above the age of twenty-one people, converts it into a refuge of lies? years or below it, 1"all persons born or'When that delegate shall appear on this naturalized." &c., "are citizens of the floor to correct such abuses, he shall have United States, and of the State wherein my hearty concurrence. The great evil they reside." of the times is the impurity of the ballot- Citizenship, sir, is one thing, and electobox. Now there is but one objection that ral privilege is another thing. We live I conceive can be properly urged against in a republican government. We perform it, that it is apt to create an invidious dis- all the functions of government by repretinction between citizens. Now, sir, I de- sentation. It is impracticable that we sire to keep as far away as possible from should all be governors, or judges, or that demon of proscription which once members of the Legislature, or even elecran riot through this country, and which tors; but we perform all these functions directed its arrows against the foreign through the officers whom we select to born citizen and the believer in certain serve those purposes. We are all repretenetsof religiousfaith. IfI thought that sented in the ILegislature, and we are all such a proposition as this could be dis- likewise represented in the electoral detorted into proscription, either of foreign partment of this government. When any born citizens or any religionist, I would elector goes to the polls to cast his ballot, as soon touch a leper as touch the pro- he does not vote for himself alone; he vision. But, sir, whilst in a few occasions votes for the community in which he it may work inconvenience; whilst it lives; he is a representative man. Men may say to a man who is entitled to natu- and women and children are all alike citiralization, who is entitled to stand up in zens by the wording of this Constitution, the full stature of an American and put and by the uniform decisions of all our on the raiment of citizenship; whilst it courts for many years back; but all are may now and then say to such a man, not electors, and the consequence is that "You shall not for this time exercise we have designated a portion of the citiyour high prerogative of anl American zens of this country. to perform the funccitizen;" whilst that temporary incon- tions of electors. They have a certain venience, and apparant temporary injus- specific duty which they can perform, and tice may flow from incorporating this that is all they call perform. They can CONSTITUTIONAL CONVENTION. 697 not pass a law, nor can they construe a the privileges and immunities of citizens law, nor execute a law; they can simply of the United States. do what has been delegated to them to do The privileges and immunities of citiby the Constitution of the State. To vote zens of the United States are simply those is their function; to make laws is the of protection under its laws and the other function of the Legislature; to construe privileges guaranteed by the Constituthem the function of the courts, and to tion. The right to vote is a right which a execute them is the function of the Exec- man exercises, not as a citizen of the Uniutive. ted States, but as a citizen of the State I say we live in a representative gov- wherein he resides. I appeal, now, to the ernment; and whilst all who are born or Constitution itself. I know we elect naturalized here may be citizens, all are members of Congress to represent us, bnt not necessarily electors. The fourteenth who elects themn? The electors designated amendment to the Constitution of the bythegeneralgovernment? By nomeans. The Constitution of the United States United States declares, that "all persons The Colstitution of the United Stat born or naturalized in the United States, declares that the House of Representaand subject to the jurisdiction thereof, tives shall be composed of members are citizens of the United States and of the chosen every second year by the people of the several States; and the electors in State wherein they reside." Again: "'No State slh-all maI~ke or enforce any lavw each State shall have the qualifications which shall abridge the privileges or ia - requisite for electors of the most nuinermnunities of citizens of the United States." ous branch of the State Legislature." Now, I ask, sir, what are the privileges Doesthegeneral and immunities of citizens of the United dicate what the qualifications shall be of States? Where are they defined? How those who shall choose representatives in can we know what the privileges and im Congress? Not at all. That is for the State can we know what the privileges and imto do. There is but one other officer for munities of citizens of the United States to do There is but one other officer for are? Why, the federal government is a the people to elect, uinderthe Constitution limited government. It exists under the of the United States, namely, a President. Constitution of the United States. It has What does the Constitution say in regard certain speci, delegated powers given to the selection of that officer?'"Each to that government. It can exercise no State shall appoint, in such manner as the to ther and no greater poItwcanexser. nLegislature thereof may direct, electors to make selection of a President of the UniI submit it to you, then, can any citizen ted States." of that government, so limited, exercise The question of the qualification of voany powers which the government cannot ters is not one under the federal Constitugive? The power of the government to tion, but under the Constitution of the bestow or to grant immunities and priv- State of Pennsylvania..I may here adileges necessarily limits the powers which vert to the fact that this question came its citizens may enjoy; and the citizen of before our courts in the case of Burnhan the United States is therefore as limited against Laning, in the decision of which in his privileges and immunities as is the Judge Sharswood uses this language in government itself to bestow the same. reference to the fourteenth and fifteenth What then, are the powers of the gen- amendments to the Constitution of the eral or federal government-the govern- United States: ment of the United States? Why they are " It is equally clear that a woman who specified clearly and distinctly in the is born in this country, or naturalized, as Constitution of the United States; and the she may be, under the acts of Congress, same instrument defines the privileges is as fully entitled to the protection of the and immunities of its citizens. Will any government as a man, and with the right gentleman tell me that the right to vote is to fully enjoy all the privileges which beone of them? Will anybody intimate that long to citizens; but it does not follow upon a fair construction of this Constitu- that the elective franchise is one of these tion, the right to vote at any election is a privileges. That is exclusively regulated right of a citizen of the United States? If by the Constitution, which has excluded you assume that you assume too much; many citizens from it by reason of age, you would have all the females voting non-payment of taxes, non-residence withwithout any sort of action on the part of in the Commonwealth and the election this Convention. You would have all the district for a certain length of time. Nor minors voting, because all are entitled to can I perceive that the fourteenth and fif 698 DEBATES OF THE teenth amendments of the Constitution male citizens of that State are allowed to of the United States have any bearing or vote. application upon the matter. The third The fourteenth amendment has no r'earticle, section one, of the Constitution of ference whatever to the right of suffrage, Pennsylvania does not, in this respect, at except in the second section of that amlendleast, abridge the privileges or immuni- mnent, and that is simply to fix the basis ties of citizens of the United States, for of State representation; but then, in order the elective franchise is not one of them. to make assurance doubly sure, if the Con_Nor is the right of the plaintiff to vote de- stitution had given the negro the right to tied or abridged on account of race, color vote by the fourteenth anmendmllent, why or previous condition of servitude." was the fifteenth amendment adopted? I assure you, Mr. Chairman, that no Why was it necessary to declare anything man votes at any election, either for State further in the Constitution of the United or federal officers,because of his privileges States than the declaration of the fouror immunities as a citizen of the United teenth amlendment, that all persons born States; but because of his privileges and or naturalized in the United States, and iminunities as a citizen of his own State, subject to the jurisdiction thereof, had all ancd under the Constitution and laws the rights, privileges and immunities of rher eof. citizens of the United States, if that declaration included the right to vote? I appeal to the mnembers of this Convention upon this point. If the general The fifteenth amendment does governmenit has no control over the ques- speak of the "privileges or immm itie governmen has no conto of citizens as such. but it says the "right tion of sufifage, how can a citizen of that of citizens'..joy a pr g of citizens of the United States to vote,"?;overnment enjoy a privilege or an in- c. anft and ovious distinction &c.-a mannifest and obvious distinction mzaunity under a government that cannot between the reading of the fourteenth and bestow it? It is an utter impracticability, that of the fifteenth am.endments. " The The fouirteenth anmendment was adopted right of citizens of the United States to merely for the purpose of giving to the vote shall not be denied or abridged by African race, if you please, or to the wo- the United States or by ary State on men or children, or to anybody embraced account of race, color or previous condiaccount of race, color or previous conciiwithin its provisions, the rights of citizen- tion of servitude." ship-the civil and political rights which It was alleged by the gentlemnan fromt are embraced in citizenship, as covered by the Constitution of the United States. in his emalks before the committee It had not the slightest reference to the that this proposed proviso would, in right of suffrage, as is proven by the read- effect, abridge the rights of foreigners, on ing of the second section. The first see- account of their "race." I was sorry to tion says: hear an argument so simple as that from "4No State shall make or enforce any that gentleman, whose legal learning is law which shall abridge the rights, privi- everywhere admitted. It seems to ne leges or immunities of any citizen of the that we would, by this proviso, discrimiITnited States." nate against no man on account of his This first section says they shall not do "race." This discrimination is not made so; hence if that section were standing on account of race, color or previous conalone, and such a thing were attempted, it dition of servitude. I believe we have would be in utter violation of the Consti- five original races. I had occasion to look tution of the United States, and would, into that matter yesterday evening. It is therefore, be nugatory and void. If the not because a nman is an African that "privileges and immunities," referred to we discriminate against him. It is not in the first section, embraced suffrage, because he is a Caucasian, nor because there would be an inconsistency between he belongs to the Mongolian, or any the two sections; the first section declar- other of the five races; nor, comting ing that this right may not be denied or down to mlinuter divisions, is it because a abridged, and the second section declar- man is an Irishman, or a German, or a ing that it may be denied and abridged. Turk that we abridge his right. Why The true construction is that the first see- then? Because he owed and paid alletion does not embrace nor refer to suffrage, glance to a foreign power or potentate. but the second does; and the right of rep- And we say to that man: " After you are resentation of any State is there decreed naturalized, and have held your naturalto be based upon the extent to which the ization papers for thirty days, you shall CONSTITUTIONAL CONVENTION. 699 have the right to vote. You are a full- race, color or previous condition of servifledged citizen when you become natural- tude, but the exercise of the right for anyl ized, and are entitled to all the protec- other purpose would be most unwise and tion which the laws of the United States unjust. afford to its citizens, but you have no Mr. M'ALLISTER. Mr. Chairman: It right to vote until you have held these seems to me remarkable that the proviso papers in your possession for thirty days. under consideration should be construed This is complained of because it has into an invidious discrimination against special application to foreigners only. Do the manof foreign birth. Most assuredl! we not do the same thing against minors? no such purpose was intended by the colm"All persons born or naturalized in the mittee in making this report. Indeed United States" are citizens thereof-so it was argued that there was an invidious says the fourteenth amendment. Chil- discrimination against the native born dren under the age of twenty-one years citizen, in that the native born citizen was. are citizens of the United States. What required to reside two months, being a do we say to them? Why, we say: "When citizen, and a man of foreign birth only you arrive at the age of twenty-one years to reside one month, being a citizen; and you shall vote." We discriminate against it was alleged that that was an invidious our own people and against our own chil- discrimination in favor of foreign citizens dren, and shall we not be permitted to and against the native citizen. discriminate against persons fronl a for- I was astonished, also, at the "constitueign country? Not because they come of tional argument" of the gentleman from any class, or any race, or are of any color, Philadelphia (Mr. Dallas.) It was the or because they were freemen or slaves, first time that I had ever heard it alleged but because they owed and paid allegi- that it was not in the power of every State ance to a foreign government, and we in the Union to determine, by her own have a right to say to them that they shall organic law, what time the citizen should be naturalized, but that for the public reside within her bounds before he acgood to prevent fraud, they shallhave had quired the right of suffrage. That is a their naturalization papers for thirty days right that has been uniformly exercised before they can vote. There does not seem by every State of the Union, and beto me to be any question about our perfect fore 1 proceed further, I would say, for inright to do so. Under the fourteenth formation, that I am instructed by the amendment there is clearly no curtail- Commlittee on Suffrage, when the proper ment of our power; and under the fif- time comes, to move to subsitute the word teenth amendment it is as clear as can be, "person" instead of "naturalized citizen,'" that we may not discriminate against in the seventh and eighth lines, so that the them on account of race, color or previous clause will read: "Noperson shall enjoy condition of servitude. And this we cer- the right of an elector until one month tainly do not do; but solely and simply shall have elapsed from the time that because they have owed and paid allegi- he becomes a citizen." That instruction ance to governments other than ours. was given to the chairman, with a view It may be said, further, if we discrimi- to remove any appearance of harshness nate against naturalized citizens for one that may occur to any one in the structure month, we may discriminate againstthem of the sentence. for a year; if we may for one year, we may I had intended to go into an argument for ten. I am not inclined to deny this pro- upon the legal construction of the fourposition, but certainly no wise man would teenth and fifteenth amendments, but favor the adoption of such a measure; no that subject has been so ably discussed, man in this country, or in these times, and so clearly treated, by the gentleman would willingly cut off the vote of the nat- from Indiana (Mr. Clark) that I will not uralized citizen any greater length of time say anything further in reference to it. than would prevent the dangers appre- But for the purpose of showing that the hended. The prevention of frauds at words "privileges" and "immunities," elections is a consummation devoutly to contained in the fourteenth amendment, be wished, and no element of our popula- have received a judicial construction as tion would be more rejoiced at its attain- used in the second section of the fourth ment than the foreign element. The article, I will read an extract from Cooley power, however, doubtless exists, thus, to on Constitutional limitations, page 397: abridge the right for the public good,so long "The Constitution of the United States as no discrimination is made on account of contains a provision that is important in 700 DEBATES OF THE this connection, which is that the citizens discussion. But it is a constitutional of each State shall be entitled to all the question of very great importance, and privileges and immunities of citizens of there are some considerations which bear the several States. Although the precise closely upon it, which have not yet been meaning of privileges and immunities is brought to the attention of the committee. not very definitely settled, as yet, in some The proposed section, with the pending things it is unquestionable that many amendments, raises twoquestions: First, rights and privileges may be made, as as to the constitutional power of a State they usually are, to depend upon actual to impose any limitation upon the right residence, such as the right to vote," &c. of a citizen of the United States to vote Many things may be made to depend within that S'ate. Second, as to the exupon actual residence. This right of suf- pediency of the particular limitations frage has been made to depend upon ac- now under consideration. tual residence, and that is just what we do I will not discuss the question of citi~ here in this article, in reference to the ex- zenship, which has been so ably and fully ercise of this right. The man of foreign argued by my friend upon the right, (Mr. birth is required to reside in the district Clark,) and in whose views upon that subone month, the man of native birth two ject I entirely concur. months. It is true that the man of for- Those who deny the right of the State eign birth is required also to reside two in this regard base their opinion upon a months, but he is only required to reside construction of the fourteenth article of one month after he becomes a citizen, the Constitution of the United States whilst the man native born resides two which, in my judgment, is narrow, and months, being a citizen, or after he be- contrary alike to its true intent, and to its comes a citizen. Now is this an invidious settled judicial construction. It is claimed distinction? It seems to me not. Both that under the second clause of the first of these provisions are restrictions upon section, viz: "No State shall make or enthe right of suffrage, that great natural force any law which shall abridge the social right, which no government on privileges or immunities of citizens of the earth should restrict, but for good rea- United States." The clause which we sons, and it was only because the restric- now propose to insert in the Constitution tion was necessary to guard against fraud of Pennsylvania would be inoperative and that I would consent to either of these re- void. I call the attention of the commitstrictions. It was a necessity that rested tee to the fact that a clause in similar lanupon us to preserve the purity of the bal- guage and the same import was contained lot; and will it be said that our foreign in the Articles of Confederation of 1778; citizens will not make this concession the fourth article of which declared, that: willingly? They are as much interested "1 The better to secure and perpetuate muas the native citizen in the purity of the tual friendship and intercourse amongst ballot-box. All good citizens should unite the people of the different States in this to secure the purity of the ballot, the only Union, the free inhabitants of each of inquiry being what is necessary? these States, paupers, vagabonds and fuNow upon this subject of necessity, it gitives from justice excepted, shall be enis most manifest that the greatest frauds titled to all privileges and immunities of have been perpetrated in this matter of free citizens in the several States." Section naturalization, upon the eve of every two of the fourth article of the Constituimportant election. Thefraudsexist, and tion of 1787 repeats the same provisions, we must counteract their influence upon as follows: " The citizens of each State shall the ballot-we must get ahead of the peo- be entttled to all the privileges and immuniple who are perpetrating the fraud, and ties of citizens in the several States." We we cannot do it if naturalization papers are not, therefore, in interpreting the fourcan be poured out, as they have been, the teenth amendment, required to interpret day before the election. language new, either in sentiment or exMr. A.RMSTRONG. Mr. Chairman: I had pression. This clause, under the old Conthought of saying a few words upon this stitution, has been frequently under consubject, but it has been so fully discussed, sideration, and has received judicial inand I so entirely agree with the views ex- terpretation. pressed by the gentlemen who have pre- In Fanar's Manual of the Constitution, ceded me, in opposition to the proposed pages 401 and 402, in commenting upon amendment, that it is with some reluc- the fourteenth article, it is said: "In retance that I address myself to its further spect to the powers of the government, it CO~NSTITUTIONAL CONVENTION. 701 is of the same general character as the at all times, been enjoyed by the citizens last. It re-affirms some pre-existing pow- of the several States which compose this ers, but adds no new ones." And in refer- nation, from the time of their becoming eonce to the particular section under free, independent and sovereign. They which the question now in discussion has may be all comrprehended under the folarisen, he states: "It will scarcely be lowing general heads: Protection by the clainmed, by anybody, to delegate any- government; enjoyment of life and libthing new to the government, or to pro- erty, with the right to acquire and poshiblt the States froml doing anything sess property of every kind, and to purwhich otherwise they might rightfully sue and obtain happiness and safety, subdo." ject, nevertheless, to such restraint as the The same doctrine, precisely, is declared government may justly prescribe for the in Pascal's commentaries upon the same general good of the whole; the right of article of the Constitution; and this the citizens of one State to pass through author claims that the language of the or reside in another State, for the purpose fourteenth amendment does not apply to of trading, agriculture, professional purthe elective franchise, and cites from opin- suits or otherwise; to claim the benefit ions of the United States courts and the of the writ of habeas corpus; to institute courts of several States in support of his a lawful action of any kind in the courts position. I will briefly cite a few only of of the State; to take hold or dispose of these authorities, for, as I have before property, either real or personal, and an stated, the arguments which have been exemption from higher taxes or imposialready made meet so fully my views tions than are paid by other citizens of upon the question, and are, in my judg- the State, may be mentioned as some of mlent, so conclusive, that it is not neces- the peculiar privileges and immunities of sary to elaborate the argument. The citizens, which are clearly embraced by words "rights," "privileges" and "im- the general description of privileges inunities" have all been judicially con- deemed to be fundamental. To which strued. The word "right" is generic and may be added the elective franchise, as embraces whatever may be lawfully legally established by the laws or Consticlaimed." tution of the State in which it is to be exer"' Privileges are " special rights belong- cised." ing to the individual or class, and not to In the case of the United States vs. Wilthe mass-properly an exemption from liamson, 4 A. L. I., 19, Conner vs. Elliott, some duty or immunity from some gen- 18 How, 591, Murray vs. M'Carty, 2 2Munf., eral burden or obligation-a right pecu- 393, and in numerous other cases, it has liar to some individual or body." In been held that it does not embrace priviLeinunon vs. The People, 20 N. Y. R., leges conferred by the local laws of the 608, Denio, J., declares: "The meaning of State, such as the rights of representation the language is that, in a given State, or election. In Story's Conflict of Laws, every citizen of every other State shall section three hundred and twenty-one, have the same privileges or immunities- &C., in commenting upon the same clause that is, the same rights-which the citi- of the Constitution, it is said: zens of that State possess. They are not "The result of the cases seems to be subject to the disabilities of alienage; that the citizen of one State does not carry they can hold property by the same titles the local laws of his State which are reby which other citizens may hold it, pugnant to the laws of his new domicil and no other. Discriminating legislation into that State. But when he goes into against them shall be unlawful." In the State he is entitled to all the rights and Bates on Citizenship, page 22, it is held: privileges of the citizens of that State"I Inmmunities are rights of exemption no more, no less. He is not entitled to vote only-freedom from what otherwise would as one of his- privileges until the Constibe a duty or a burden." tution or laws of that iState give him the In the case of Corfield vs. Coryell, 4 power." Wash., C'. J. B., p. 380, it is held by Judge Without further comment upon this W~ashington, in commenting upon this ar- clause, I maintain that the current of ticle of the Constitution of 1787: " It is opinion as pronounced in the courts of the confined to those privileges and immuni- UnitedStates,as well asinthe several States ties which are in their nature fundamen- of the Union, has disposed of this questal, which belong of right to the citizens tion by conclusive adjudication. It issetEof all free governments, and which have, tied, and it is not now open for argument 702 DEBATES OF THE This brings me to the consideration of the abridge the right is to withhold it in part, next section of the same article, which To illustrate: If it were declared that a reads as follows: designated class of citizens shall not vote "When the right to vote at any election at all, this would be to deny the right. for the choice of electors for President and To declare that such a class shall have the Vice President of the United States, rep- right to vote for the Governor, but shall resentatives in Congress, the Executive not vote for legislators, would be ta abridge and judicial officers of a State, or the the right and would, in either case, operate members of the Legislature thereof, is de- to reduce the basis of our representation. nied to any male inhabitant of such State, This view is strengthened by an examinabeing twenty-one years of age, and citi- tion of the precise language of the section, zens of the United States, or in any way It specifies distinctly-not only the Presiabridge," eI&c. dent and Vice President of the United The broadest interpretation which can States and representatives in Congress, be given to this language is that which but the Executive and judicial officers of has been suggested by the gentleman from a State or the members of the Legislasure Columbia, (M~ir. Buckalew,) and it is: thereof, and is silent as to all other offii That it would operate by way of penalty cers of the State. The disjunctive form of to limit the representation of the State to the expression clearly indicates that it the same extent to which the right to vote was contemplated as possible that the is limited. But if this be its true intent right to vote might be restricted to cerand meaning, its operation under the pro- tain specified officers of the State, and the vision reported by the committee would Constitution of the United States would be so exceedingly limited as to be unim- guard against any such discrimination as portant, if not wholly inappreciable. But might effect the election of either of the I do not concur in this construction. federal Executive officers or the members The regulation which the committee of either branch of the federal Legislahas prepared is only a means to aid in ture. But considering the question in a securing the purity of our elections. It still wider view, the true construction of looks not to the rtght to vote-but to the the clause, as applied to the proposed Reode of 5ts exercise. I cannot regard it as amendment, depends, as I understand it, any "abridgement" of the right to vote upon whether its restriction takes hold within the meaning of the Constitution of upon the elective franchise, embracing, of the United States, and cannot, therefore, course, the officers designated in the secassent to the admission of my learned tion before referred to, or merely upon friend from Columbia, (Mr. Buckalew,) the mode of its exercise. No one, I prethat it would operate even to the smallest sume, denies the right of a State to reguextent to reduce the basis of our repre- late, at its own discretion, the mode in sentation in Congress. As applied to the which its citizens shall vote; and to my case in hand, it is practically insignificant, mind it is clear that the restriction goes but in its relation to our constitutional no further than a reasonable regard to the rights as a State of the Union under other purity of our elections require. It does circumstances, and when applied to other not deny nor abridge the right, but deconditions which future necessities may dares that it shall be exercised within develop, it might become a question of certain reasonable limitations and restricvital consequence. But it is enough to tions. Itregards the sanctity of theballotjustify this discussion that it involves the box as essential to the security of liberty. construction of an important clause in the It guards the elective franchise with j ealConstitution of the United States which ous care, and seeks to gather around it evhas not yet been judicially interpreted, ery protection which shall ensure the exand I have felt it my duty to dissent from pression of the public will without fear a construction which might in the future and without favor. Its protection from be looked upon as an acquiescence of this fraudulent abuse is a prime necessity; Convention in a construction, which, to and the means to accomplish it are clearly some extent, at least, compromises the the subject of legislative discretion, and constitutional rights of the State. I re- come fairly within that classification, repeat, with emphasis, that in my judgment cognized as a fundamental right, and the proposed amendment does not deny — known to judicial decisions as questions neither does it abridge the right of a citi- of "police." Some portion of individual zen of the United States to vote. To deny and natural right must yield to the genthe right is to withhold it entirely; to eral good of the greatest number. CONSTITUTIOXAL COSNVENTION. 708 By natural right every man's personal high excitement. I would place no reliberty is without restraint. He may go straint upon the right of foreign subjects where and when he pleases, but the gen- to avail themselves of the most liberal eral good requires that this right shall be naturalization laws, and would welcome limited, and in all organized government them to citizenship and to the enjoyment: it is subject to such restraint as public ne- of our highest, and most valued and sacessity imposes. It is upon these grounds cred political franchise; but equally, inthe that, for sufficient cause, the citizen may highest interest of all citizens alike, native be arrested and imprisoned. So the rights born and foreign, I would, as far as pracof private property are sacred, and pro- ticable, exclude every means of corruptly tected by express constitutional guaran- influencing or controlling elections, an(c tees; yet it is the right of the State to seize would strike down the power of the deupon the tools of a burglar, and forfeit praved of all parties to form political rings the right of personal ownership. In all around any class of our fellow-citizens, such cases the natural, as well as the con- to impose upon their ignorance, their crestitutional, rights of the citizen are subor- dulity or their confidence; for these men dinated to the general " police " powers of are far more sinned against than sinning. the State, to the end that the greatest I would extend to foreigners of every land number of citizens shall enjoy the largest the most cordial welcome, and invite thent liberty, for there can be no true liberty to the fullest enjoyment of our privileges; which is not regulated by law. but I would have them become citizens I maintain that this section means no in the quiet and coolness of their delibmore, and proposes nothing -more, than to erate choice, and not under the exciteensure the protectionof all citizens in the ment of political agitation. I am not, elective franchise and t6 guard against its however, urgent in this regard, and shalt abuse. vote for the limitation of thirty days, but The question of expediency, which has would favor an amendment extending the been adverted to in this discussion, I time to sixty days, as I believe it would think is clearly within the power of the better attain the end proposed, and acConvention, and that it is to be determin- cords with the limitation imposed upon ed according to sound discretion, with the native born citizens; and would be more view of ascertaining what kind and what likely to promote equal, just and honest degree of restraint is nesessary to the just elections, by limiting the power of danand equal exercise of this right. It will gerous and unscrupulous political leadnot do to argue, as has been done, that ers, who shrink from no means, however it it is competent for the Convention to fraudulent, to compass political ends, and restrain the exercise of this right for thir- who use naturalization papers fraududty days, that it is equally competent to lently and against the wishes and withrestrain its exercise for thirty years. out the knowledge of the naturalized citiThere is a point of limitation beyond zens, and with equal detriment to them-n which restraint would become denial, and as to others. The provision abridges no this point, in extreme cases, I suppose, man's right to vote, but merely regulates, would raise a question for judicial deter- in a reasonable manner, the mode of its mruination. It is distorting the argument exercise, and is part of that general systo contend, as has been done, that there is tem which the committee has so carefully no stopping place between such extremes. considered and reported, with a view to It does not follow that because we might secure the free, honest and impartial exrestrain the exercise of a right for a hun- pression of the public will by means of dred days that we might restrain it for a the ballot. hundred years. There is a point where Mr. SIMPSON. Mr. Chairman: There the judicial department would interpose has been so much discussion upon this to control the limitation, for it cannot be subject, addressed by lawyers to the lawdenied that there is a point where ostensi- yers of the Convention, that I propose to yers of the Convention, that I propose to ble restraint would become practical de- discuss it now merely as between honest nial. men, and to look at it in a practical light. As to the expediency of this provision, The gentleman from Carbon, (Mr. Lilly,) I would remark that I would regard it as in his address upon the subject referred to better adapted to its purpose to extend the evils growing up under the present the limitation to sixty days rather than law, and illustrated them with instances thirty. In times of severe political con- occuring to his own knowledge. Most of test thirty days falls within the period of the delegates upon this floor, and cer 704 DEBATES OF THE tainly all of our members who reside in I think, sir, it can be demonstrated that this city, can bear out the assertions made it is rather a favor extended to him, to by him in another forum. I had occasion, the exclusion of the native born citizen, a few years ago, in the investigation of a Let me see. Let me illustrate it: A man contested election case to prove, to the born in Pennsylvania and living here unsatifaction of the investigating committee til he is twenty-five, or thirty, or forty by the prothonotary and various clerks, years of age, makes up his mind to change that in one alleged court, without a judge his residence. The next general election, upon the bench, a large number of persons we will say,will occur on the fifth of Nowere said to have been naturalized at such vember, supposing the amendment which a rate that it required the administration of passed the Convention shall be approved six oaths per minute during a period of by the people of the State. At any day some twenty-five or thirty days. In the after the fifth day of Mlay, or on the same investigationofthis same case Idiscovered day he becomes a resident of another the fact that in one locality of this State, State. He leaves this State for one day, far removed from the city of Philadelphia, changes his mind and comes back again. that the names of men and the place of What then? He was born here, he has their birth were obtained from them, and lived here all his life but a single day, and without losing an hour from their labor, yet that day cuts that man off from the without leaving the mine or the rolling exercise of suffrage until after the next mill, were represented in the Supreme general election. At that election he is Court of this State, and naturalization deprived of the right of suffrage. But a certificates were issued on a Friday pre- man who was not a citizen when he went ceding the election, mailed to one of the out, who was not a citizen when he came inspectors of elections, by him deliv- back, who did not become a citizen until ered to the recipient on the morning of three or four months afterward, that man or the night before the election, and voted votes at the next general election, and his upon at the election to the destruction of vote is cast into the ballot-box, while the the votes of good and honest men of the man who wa's born here and imoved out of Commonwealth. I maintain that when the State but for one day loses his vote, if we see such fraud as this under our the six months necessary to restore him to present Constitution and laws, it is the cltizenship would not expire until the day duty of this Convention, and the duty of after the election. the people of this State, to apply such a I think it is a privilege conferred upon corrective as will prevent the recurrence naturalized citizens, which is denied to of such scenes in all future time. It is the native born. Upon the constitutional with this view I regard the amendment question I do not propose to enter into a now proposed to be stricken out as a great discussion, except simply so far as to anmeasure of reform, and as such I shall vote swver the argument made by the gentlefor it. WMhen all these frauds were being man from Philadelphia (Mr. Gowen) yesperpetrated in 1868 in this city and in the terday,who claimed that this proposed reSupreme Court of the State, to such an ex- striction was a matter co ming within the tent that it called forth the condemnation Constitution of the United States, because of two of the then sitting judges, and one of the word "race.' When at school I who had been appointed, but had not yet was taught that there are five great races taken his seat,wvhat was done then? Some on the face of the globe, and if anybody of the gentlemen, who are now identified can find in this proposed proviso anything with the great municipal movement in the that says anything about the African race, city of Philadelphia, failed then to lift up or the Asiatic race, or the Indian race, or their voices in condemnation of this great the Caucasian race, or the Malay race, it outrage and wrong. Ah! I might say to willbe opento that objection. But I find them: no such words,and I assert that it is not in "Where was Roderic then? the power of anybody to interpolate into cne blast upon his bugle horn were worth a thousand it words that are not there, and if they men " be not there and cannot be interpolated, They were silent, because they were, to then the word race has no eflect upon it, some extent, the recipients of the benefits and cannot be considered for a moment. to be derived from so great a fraud. I 1 want to call the attention of the com maintain that this amendment is not, as mittee to another thing. This, as I said, has been alleged here, a restriction upon is a measure of reform. It is to protect the naturalized citizen. the right of the honest voter. What CONSTITUTIONAL CONVENTION. 705 difference, practically, is there, whether or State one year after his papers were grantnot a man is denied the right of suffrage, ed to him? If not so, it is a discriminawhen he comes to the ballot-box, if by any tion in favor of the foreigner and not law, or practice under any law, or any against him. usage, or any customl, the fraudulent vote Nlow, sir, the question which I ask is: is allowed to be deposited in the box to Is it clearly enough expressed in this annul his vote? What practical differ- proviso, that a naturalized citizen shall ence is there if you receive his vote and have been a resident of the State one year then annulit by the reception of a fraudu- at the time he exercises the right of suflent one? Why it is as if he had not vo- frage, or not? That is all, sir, I desire to ted at all. So far as the result is con- sav. cerned it amounts to nothing. Thus it is Mr. M'ALLISTER. Mlr. Chairman: I that this provision willact as areform. It will state, in answer to the gentleman will protect the ballot-box by removing from York, (Mr. Gibson,) that I underfrom the turmoil, immediately preceding stand this to be a restriction upon what is an election, that insane desire to get peo- previously granted; that a man of foreign ple naturalized for the purpose of secur- birth is required to have resided in the ing their votes at the next election. We district at least two months, and to have have seen that desire carried out, not on- resided in it one of these months after ly in this city, but in the county of Car- he became a citizen, and after he has obbon, of which the gentleman from that tained his naturalization papers; and all district (Mr. Lilly) has spoken, and in the other requisites precede and are based other counties in this State. We have upon the citizenship. seen what was intended by Congress, He must be the requisite time in the when they passed the act, to be the exer- State; he must have resided the requicise of judicial power become arnere cler- site time in the district; and that seems ical performance and a farce, and this pro- to me to clearly convey the distinction. vision is designed to cut this whole thing Mr. CXAMPBELL. Mr. Chairman: Just up by the roots. Unless this or some sim- one moment. I do not deny the power ilar provision be put into the Constitu- of the Convention, or of the people of the tion, I think we will fail to meet the re- State, to impose this restriction. I do not quirements of the people who ask from us think any sound constitutional lawyer to secure the ballot-box and make it pure. can deny that power. But as to the quesMr. GIBSON. Mr. Chairman: I do not tion of expediency, I think it unwise, inmthink that it is necessary to take up the politic and unjust to single out' a.large time of this committee with any prolonged class of the citizens of the State, and imdiscussion of this subject at this time. I pose a restriction upon them that you do am in favor of some such provision as not impose upon the other citizens; I1 this, but it is not necessary to add any- opposed the insertion of this proviso, thing to the arguments that have already in the committee, and I merely rise been made in favor of this provision. But now to put myself on record here as in order to vote intelligently on this ques- against the insertion of the proviso, at tion, I would like to ask a question which present, and in favor of the amendment llay be answered by the chairman of the of the gentleman from Philadelphia (AMr. committee or by some other member of Dallas) to strike it out. the committee, and that is this: The The CHAIRMAN. The question is on provision is: "No naturalized citizen shall the amendment to the amendment offered, enjoy the right of an elector until one by the gentleman from Tioga (Mr. Niles;) month shall have elapsed from the time The amendment will be react. he became a citizen." Does that mean The CLERK. "Provided further, That that any man, one month after the natu- no naturalized citizen shall enjoy the ralization papers are granted him, shall rights of an elector until he shall have re-s become a voter, no matter where he re- sided in the State one year, in the elecsides, or does it mean that, by relation, he tion district two months immediatelyshall be a citizen, counting from the preceding the election, nor until one, time of his naturalization; that is, eleven month shall have elapsed from the time months until the time his papers are he became a citizen." granted, and one more month until the On the question of agreeing to the year has been completed? Without this amendment to the amendment, a diviclause, would it mean that a naturalized sion was called, which resulted: Thirtyforeigner would have to remain in the seven in the affirmative; those in the 45 706 DEBATES OF THE negative were so many that the Chair de- On the question of agreeing to the cided the question lost, without further amendment, a division was called, resultcount. ing fifty-eight in the affirmative, and sevThe CHAIRMAN. The question recurs enteen in the negative. So the amendto the amendment of the gentleman from ment was agreed to. Philadelphia, (Mr. Dallas,) to strike out A SUBSTITUTE PROPOSED. the proviso. The proviso will be read. Mfr. J. NV. F. WHITE. Mlr. Chairnmane The CLERK. The proviso is at the end I propose the following amendment, in the nature of a substitute, for the entire sec"Provided further, No naturalized citi- tion. zen shall enjoy the right of an elector To strike out all after the word "section" until one month shall have elapsed from and insert: the time he becomes a citizen." 1" Every person possessing the following "NATURALIZED CITIZENS" OR " PER- qualifications shall be an elector, and be SONS." entitled to vote at elections, to wit: First. A male person twenty-one years Mr. M'ALLISTER. Mr. Chairman: I of age now move the amendment suggested by Second. He shall have been a citizen of IIthe committee: out thewordsIInaturalizedthe United States at least one month. "To strike out the words "naturalized Third. He shall have resided in the citizens," and insert the word "per- State one year, or if he has previously sons." been a qualified elector of the State, Mr. STANTON. Mr. Chairman: I sug- removed therefrom and returned, six gest to the gentleman from Centre that months immediately preceding the eleche withdraw his amendment, at this tion. time, and allow a vote to be taken on the Fourth. He shall have resided in the proviso direct; then his amendment will election district where he offers to vote come in at the proper place. two months immediately preceding the Mr. M'ALLISTER. Mr. Chairman: I election. withdraw the amendment, for the pres- Fifth. If twenty-two years of age or upent, simply stating that I will renew it wards, he shall have paid within two when the present amendment is disposed years a State or county tax, which shall of. have been assessed at least two months On the question of agreeing to the and paid at least one month before the amendment, a division was called, result- election. ing: Fifteen in the affirmative-not ama- Mr. J. W. F. WHITE. Mr. Chairman: jority of a quorum.'l'That amendment now before the comSo the amendment was rejected. mittee embraces precisely the points that Mr. M'ALLISTER. Mr. Chairman: I have been already passed by the commitnow.renew the amendment to strike out tee, nothing more, nothing less, and is the words " naturalized citizens," and in- the same as the minority report, found on sert the word " persons." page 225 of our Journals, with the addiOn the question of agreeing to the tion of the fifth qualification. The section, amendment, a division was called, which as reported by the committee, contained * *rova s reported b thec e to nta ined resulted: Fifty-six in the affirmative, and no provision in reference to tax. thirty-four in the negative. The section, as reported by the commitSo the amendment was agreed to. tee, contains no provision relating to tax. The committee has added an amendment CITIZEN OF THtE UNITED STATES. to that section, somewhat similar to the Mr. SIMPSON. Mr. Chairman: As some provision in our present Constitution, requestion might be raised by election offi- quiring the payment of a tax, and also excers, who are not always learned in the empting persons from the payment of that law, I propose to offer another amend- tax, between the ages of twenty-one and ment. twenty-two. I think if we add what has To add at the end of the proviso, after been adopted by the committee, in the the word "citizen," the words "of the way of amendment to the section as reUnited States." ported by the committee, iS will be a very This will draw the distinction between long and conflictingly worded section. the citizen of the -United States and of the The amendment I propose embraces all State of Pennsylvania. the points, I think, much more briefly CONSTITUTIONAL CONVENTION. 707 and much more easily understood, espe- the time such decree may be in force, shall cially, by election officers. enjoy the rights of an elector." I can conceive of but one argument in Mr. TEEMPLE. Mr. Chairman: I desire favor of retaining the wording as reported it to be understood that I am opposed to by the committee, and that is that it is making the payment of a tax a prerequimore in accordance with the style of the site to the right of suffrage, but I undersection in our present Constitution. But stand that the committee have already we have added to it, and if any one will adopted a clause requiring the payment turn to that section in our present Consti- of a tax. This being the case, I am in fatution I think they will find it is not vor of having the elector deposit his tax worded very clearly, and requires to be with the judge of the election at the time read over very carefully to get at the dif- his vote is deposited, and make the judge ferent qualifications of an elector. If we of the election responsible to the proper number them numerically, as I propose authorities for the amount of said tax. in this amendment, I believe it will be I have not time, Mr. Chairman, to submuch more easily understood, and it cer- mit my views upon this subject at this tainly expresses the qualifications much late hour of the session, and will therefore more briefly than the section as it now leave it for the committee to decide. stands before the committee. Mr. M'ALLISTER. Mr. Chairman: I The CHAIRMAN. The question is will not, as a member of this Convention, upon the amendment in the nature of a suffer such an amendment to be offered substitute, proposed by the gentleman without expressing my opinion against it. from Allegheny (Mr. J. WC. F. White.) I utterly deny the expediency, to say Mr. BROOMALL. IMr. Chairman: Be- the least upon the subject, of excluding fore the question is put I desire to know from the right of suffrage any man on the what position this thing will be in after it face of the earth because he is poor. I is voted in, if it be so voted. Will it be have known as intelligent and as good in order to move to amend the substitute? men as ever were born, kept at public exThe CHAIRtMAN. II the gentleman pense, minus a leg or minus an arm, lost, chooses he can move to amend after it is it may be, in the service of their country; voted in. and these men became what we call "'panThe question being upon the substitute pers." It is now proposed to put a brand offered by Mr. J. W. F. White, it was upon these men, simply because they are agreed to. kept at public expense. It is one of the Mr. DARLINGTON. I move to amend, objections I have, and a serious objection, by adding at the end of the section the I hold, to imposing a taxas a prerequisite following: to the right of suffrage. It deprives a "Provided, That every female citizen of man, no matter what his services to his the United States, of the age and posses- country may have been, no matter what sing the other qualifications required of a may be the mnan's own worth-it deprives male elector, shall enjoy the rights of an him of the right of suffrage. But now it elector upon the adoption of this provi- is proposed actually to brand him with insion by the electors of this Commonwealth, famy, as unworthy to exercise the right of when separately submitted to them for suffrage. their decision." I am ready to vote for a provision which I have no desire to debate this question, will provide that a residence in a poor but merely wish to state to the Conven- house shall not give a man the right to extion that 1 offer this in order that a vote ercise the right of suffrage in the imnmedimay be taken upon it connected with the ate district in which the poor house is sitproposition to submit it separately to a uated; but if that man can go to his usual vote of the people. former residence-to the place from which The question being upon the amend- he was sent to the poor house-I am utment offered by Mr. Darlington, it was terly opposed to depriving him of the rej ected. right to exercise his suffrage there. To Mr. JNO. BI. BAILEY. I offer the fol- do so would be to deprive him of that lowing amendment, to come in at the end right because of his poverty. of the section: I rise to give this explanation, 2[r. "Provided, That neither paupers kept at Chairman, for I mean to have the yeas public expense, nor persons decreed by and nays called upon this subject when I a court of competent jurisdiction to be can do so, even if no other member on lunatics or habitual drunkards, during this floor votes against it. 708 DEBATES OF THE Mr. COCHRAN. Mr. Chairmlan: On the such a way as not to put a brand upon a question of the right of paupers to vote it man simply because he is poor, but allow seems to me that there ought to be a dis- him to v ote, on the payment of his tax, at tinction made, if it could be reached. The his proper place of residence, and withidea of allowing paupers, kept at public out the pressure of official influence expense, to be marched from the county brought to bear upon him, to control his poor house to the polls in a body and vo- vote. ted there, is altogether improper and Mr. JOIIN M. BAILEY. Mr. Chairman: wrong. That is done in some counties of It is certainly evident that this comnlitthis State, and those men are not freemen. tee is getting very impatient, and I shall They are voted under pressure, and for not detain it with any renarks upon this that reason they need protection fromn subject, further than to say that if the that very pressure that is brought to bear first class of persons proposed to be disupon them. They do not really vote in franchised by the amendment which I accordance with their own sentiments un- have offered is, in the opinion of a majorder circumstances of that kind. ity of this Convention, or a large proportion I admit that if the proposition of the of then, should be retained as a portion gentleman from Centre (Mr. I'Allister) of the body politic. I will have no obcould be reduced to formn, I would favor jection to striking out the clause referring it; that is to allow these paupers the right to them from the amendmentlne but I do to vote at their own proper residences- insist that persons decreed, by a court the places where they came from when of competent jurisdiction, to be lunatics they were brought to the county poor and habitual drunkards, persons who houses. have been found by a conmmission to be Mr. IMALLISTER. Would not the propo- unfit to take care of their own property, sition that a pauper shall neither gain nor should not participate in the control of lose a settlement by his residence in a your property and your person, and my poor house, answer the purpose? property and my person. I am not perMr. CocHSRAiN. Probably it would. I sistent in reference to the first part of my am perfectly willing to vote on a proposi- proposition, but in reference to the second, tion of that kind. I do know that the I am. If the first can, in the opinion of lind of use which I have mentioned is the members of this Convention, be put mnade of the pauper vote where paupers into better shape, so that it will meet the are assembled in poor houses. They are objections made by nmy friend froni Cenvoted in the district in which the poor tre (Mr. M'Allister) a-ld the gentlemtan house is located without regard to the from York, (Mr. Cochran,) I will accept place of their original residence. any modification of it that the gentlemen With regrarcd to the lunatics, I vvoull -nmay offer. But upon the second clause 1 ask bay what right or upon what principle do insist upon having a provision of that is a lunatic enabled to exercise the right of kind in the present Constitution suffrage? He has not the intelligence, the Mr. BUOCI.ALEW. 1Mr. Chairman: The power of thought, that enables a man to question of paupers has been considered vote intelligently. Give a lunatic the by the Committee on Suffrage, and will right of suffrage! Wthy, sir, the minute again, I presume, be considered by it, in he is pronounced a lunatic the presump- connection with some other questions of tion is that he hasno lucidintervals. Be- a cognate character. They all relate to fore being so pronounced the presumption the subject of residence, or may have is the other way; but the moment he is such connection; as, for instance, the ascertained, by legal process, to be a luna- quartering of troops in any part of the tic, the presumption is against intervals State, under public a lthority, should not of sanity. Is it right that that class of confer residence; so that paupers, kept in persons should be taken to the polls un- public places, at the county seat, or some tier the conduct, or inducement, or infin- other part of the county, shall not, by ence of any other person, and their ballots reason of their locationr there, acquire a put into the ballot-box, mechanically, residence. without any operation of their own intel- I hope the committee, at present, will ligence being brought to bear upon the take no action upon that branch of this act? amendment. I hope this proposition will be put in Mr. HEMPH:ILL. Mr.Chairman: I hope such shape as to make it right and practi- the gentleman from Huntingdon (Mr. cable; so that we may vote upon it in John M. Bailey) will not withdraw that CONSTITUTIONAL CONVENTION. 709 portion of his resolution unless the fifth Mir. COCHRAN. AMr. Chairman: I nove clause of this section, which provides for to strike out the first part of the proposla tax qualification, is erased. I'am opposed tion relating to paupers and insert in lieu: to the erasure of any portion of the "That paupers kept at the public exgentleman's resolution,for this reason: If pense shall not gain or loose a residence we impose a tax qualification, and then by being removed from their domicil to allow paupers to vote, it amounts to this: any public institution ifor maintainance." That the party which has the directors of Mr. SIMPSON. Mr. Chairman: I hope the poor will pay the taxes of the paupers that all these amendments will be withand vote them. Such has been the case in drawn, for the reason that the Committee our county, and in other counties that' I on Suffrage have a section under consideraknow of, and I hope that, unless the fifth tion which provides, I think, for every clause of this section is stricken out, the case that the gentlemen ask for, and exgentleman's amendment will stand. cepts the case that the gentleman fronm Mir. HIUNSICKER. lMr. Chairman: Ide- Philadelphia (Air. M'Knight) spoke of. sire to make a single suggestion right It will probably come in as a restrictive hsere, and that is, substantiallyn wrghat I article, referring to all these cases, and I here, and that is, substantially, what I think is so worded. It will be reported proposed the other day to the committee, a few days, and the whole sbject can and I would like the committee to decide days, and the it: Whether the disabling clauses shall be discussed as it stas. follovw r t enabling causes. Now we ae r. JNO.. BAILEY. Mr. Chairan: I am entirely willing to withdraw the considering a proposition in the shape of entirely illing to withdraw the a proviso, to take away the qualifications first part of the amendment which I have of electors. Both the majority and mi- offered, annd I do not think that thenority lieports, which we are considering, amendment to it proposed by the gentlehave reported sections disqualifying par- man from York, (Mr. Cochran,) would be ties fromI exercising the rights of an elec- exactly in place in this section of the Contor. If the committee xvill turn to page stitution, and I therefore withdrawv the 276 of the Journal. they will find that in first pat of the amendment which I have section seven and section - are clauses offered The CIHAIRMAN. The Clerk will read which take away from parties otherwise the amendment as it now stands. entitled to exercise them, the rights to The CLERK read: participate in the election as electors; and inasmuch as it is a very important ques- Pr ovided, That no person decreed by. tion, and we are very nearly the hour ofiction to be natics or habitual drunkards, during the adjournment, for the purpose of giving the members an opportunity of consider- time such decree shall be in force, shall ing the question, I move that the commit- enjoy the rights of an elector. tee do now rise, report progress and ask Mr. COCHRAN. I now ofer my amend-leave to sit ageain. nment, to come in at the close of that. nMr. BROO3IALL. I rise to a point of orThe motion waurs not agreed to. der. The amendment is not germain to IMr. WRIGHT. Mr. Chairmraan: I trust the amendment to which it is offered. the gentleman from IHuntingdon (Mr. The CHAIRMAN. The Chair decides John M. Bailey) will withdraw the filst that it is in order. portion of that amendment. We have in AIr. DARLINGTON. Mr. Chairmlan: I the city of Philadelphia an institution wish merely to state that I have very known as the Unlted States Marine asy- grave doubts of the propriety of any such lum, which contains some fifty or one section as excludes lunatics, decreed to hundred or more persons at the expense be such by a court of competent j urisdicof the United States government —men tion. They do not embrace the tenth part, who have served twenty years or upwards perhaps, of those of weak mind or overin the navy of the United States. Accord- thrown intellect that exist in this Coming to the wording of the amendment, I monwealth. j udge those men would be consired pan- If it is right to exclude any of those pers. If they are to be considered such, I who have not the use of their rational factrust that portion of the amendment will ulties, it is right to exclude all such, and be withdrawvn, beeause they are men who by deciding that those only who have have served the country, and are in every been so found by courts of competent juway qualified and entitled to vote. risdiction, wre necessarily allow all others 710 DEBATES OF THE not so found, however wild and crazy will let the matter come up in Convention they may be, to vote. Now we should uponsecond reading. either exclude all or none. Let it be a Mr. KAINE. I would inquire of the question for the election officers, subject gentleman from Indiana (Mr. Harry to their discretion, under the sanctity of White) whether, if the Convention retheir oath, and let them be responsible fuses to give leave to the committee to for allowing a man who is a lunatic to vote, sit again, that will embrace all the proviwhen he has no right to do so. sions of this article. Mr. MACCONNELL. Mr. Chairman: I Mr. HARRY WVHITE. Certainly. would suggest whether it would not be The PRESIDENT pro tern. The article better to accept the suggestion of the gen- will then come up in order of second tlema-n from Columbia (Mr. Buckalew.) reading, as reported from the committee. The Committee on Suffrage has this ques- Mr. TURRELL. If you do that you will tion now before them, and are giving it a leave it open to amendment, just the careful, conscientious and anxious con- same as it is in committee, with the privisideration, with a view of bringing in a lege of members to talk as long as they section that will be well prepared and please. In committee they are limited well digested, and will meet all ends that to twenty minutes. Now let us keep oug'ht to be met in regard to a question of them there. this kind. We have not time now to pre- Mr. WHERRY. Allowv e to call the par e a section or provision, attention of the Convention to rule thirtyMnr. COCHRAN. SO far as I 1am con- one: "All articles of amendments procerned, upon that suggestion, I will with- posed to the Constitution shall receive awCtheaIRendmeAtN toh the amendment. three separate readings, in the ConvenThe CHAI3RMANl. The cquestionisupontion, previously to their passage, the first thie amendment of the gentleman from of which shall be in committee of the Huntingdon (Mr. John M. Bailey.) whole. The amendment was not agreed to. Mr. HARRY WHITE. Two-thirds can The CHAIRMLAN. The question is upon dispense with the rule, of course. tile section as amended. The question being, shall the commitMr. 1HIUNSIUcER. I move that the com. tee have leave to sit again, it was agreed mlittee rise, report progress and ask leave to. to) sit again The question being, when shall the The nmowtion was agreed to. committee have leave to sit again? To1N CONVYENTION. morrow was named and agreed upon. MAt. LAWREXNCE. Mr. President. The Mr. L ANDIS. Mr. President: I have commnittee of the whole has had again been requested, by a large number ot under consideration the article with ref- delegates, to move that the committee to erence to suffrage, and has instructed its be appointed to go to Harrisburg, to atchairman to report progress and ask leave tend the funeral of ex-Governor Geary, to sit again. be increased to eight. Mr. HARRY WHITE. Mr. President: The motion was agreed to. Upon this question of giving leave to the The PRESIDENT pro tern. The Chair committee to sit again, I hope the Con- has appointed the following gentlemen vention will consider a moment. W~e as members of the committee referred to: have now spent some two weeks upon the Messrs. Landis, Mantor, Niles, Temple, first article relating to suffrage. A great John Price Wetherill, Guthrie, Addicks deal of this will have to be talked over and Alricks. again when it come up again upon second The hour of two having arrived, the reading. I hope the Convention will not President pro tern adjourned the Congive the committee leave to sit again, but vention till to-morrow at eleven o'clock. CONSTITUTIONAL CONVENTION. 711 FORTY-SECOND DAY. TIE[URSDAY, February 13, 1873. RULE TWENTY-FIVE. The Convention met at eleven o'clock Mr. EDWARDS offered the following resA. IM., Mr. Walker in the chair. olution, which was read and laid upon Prayer was offered by Rev. James W. the table, under the rule: Curry. Resolved, That rule twenty-five be The Journal of yesterday was read and amended,by striking out all after "whole" approved. and inserting the following: "No member The PRESIDENT pro tern. Being yes- shall speak more than twice on the same terday called upon to sign some warrants subject, or more than once until every on the State Treasurer, I declined to do member who chooses to speak shall have so until advised' by note, by the Presi- spoken." dent, to sign. My appointments-as PresiSALARIES OF JUDGES. dent pro tem. did not appear on the Journal. It is deemed, by those with whom I Mr. WORRELL offered the following have conferred, proper, inasmuch as I resolution, which was read and referred note the necessity of signing these war- to the Committee on the Judiciary: rants, that the appointments should ap- Resolved, That the Committee on the pear on the Journal. If that is accepta- Judiciary be requested to consider the ble to the HIouse, I will hand the appoint- propriety of having the compensation of ments to the Clerk, with instructions to judicial officers fixed by the Constitution. have the entries made on the Journal. LEAVE OF ABSENCE. The first appointment is of the date of the Mr. TURRELL asked and obtained leave fourth, the second of the fifth, and the of absence for Mr. Davis for a few days. third of the tenth of this month. SESSIONS OF TIfE CONVENTION. PROIIBITION. Mr. PARSONS presented a petition of Mr. HOPKINS. Mr. President: I nove citizens of Lycoming county, in favor of that the Convention now proceed to the prohibiting the sale of intoxicating second reading of the resolution, offered liqtuors. by myself, a few days ago, in reference to Referred to the Committee on Legisla- afternoon sessions. tion. tion. The CLERK read the resolution as follows: WRITS OF ERROR. Resolved, That from and after Monday The PRESIDENTpro tern. laid before the next the Convention will meet at tell Convention a communication from the o'clock A. M. and adjourn at one o'clock prothonotary of Lawrence county, which P. M., and meet at three P. M. and adwas referred to the Committee on the Ju- journ at five P. TM. diciary. Upon the motion to proceed to the secLEAVE OF ABSENCE. ond reading of the resolution, the yeas and nays were required by Mr. Parsons Rir. HARRY 50~HITE. ~{r. President: I *T * and Mr. D. N. White, and were as follow, ask leave of absence for Mr. Dallas, delegate from Philadelphia, for a few days Vz: from to-day, on account of a death in his Y E A S. family. Messrs. Achenbach, Bailey, (HuntLeave was granted. ingdon,) Bannan, Barclay, BartholoMr. JNO. M. BAILEY asked and obtained mew, Black, Charles A., Bowman, Boyd, leave of absence for Mr. Hall, of Elk, Broomall, Carter, Cronmiller, Darlington, called home by sickness in his family. De France, Edwards, Elliott, Funck, GilMr. LILLY. Mr. President: I desire to pin, Harvey, Hay, Hazzard, Hopkins, ask if we are not giving so much leave Hunsicker, Lawrence, Lilly, Long, Metzthat we will not have a quorum left. ger, Mqtt, Parsons, Patterson, T. H. B., 712 DEBATES OF THE Porter, Rooke, Russell, Simpson, Smith, F The question being, shall the ConvenWI. H., Stewart, Struthers, Turrell, Walk- tion proceed to the second reading and coner, Wherry, White, David N., White, J. sideration of the resolution, it was agreed WV. F., Woodward and Wright-44. to. So the resolution was again read. N A Y S. * Mr. LILLY. I move to amend, by insertMessrs. Baer, Baily, (Perry,) Baker, the words without leave." Beebe, Buckalew, Cassidy, Clark, Coch- Mr. HAZZARD. I move to amend the ran, Collins, Corbett, Craig, Curry, Curtin, amendment, by striking out all after the Davis, Dodd, Dunning, Ewing, Fell, Gow- word "resolved," and inserting as folen, Hanna, Heverin, Horton, Howard, lows Kaine, Knight, Lamberton, M'Allister, "That no member shall speak but once MH'Culloch, Mann, Newlin, Palmer, G. W., until all have spoken that wish to speak, Patterson, D. W., Patton,Purviance, Sam't only twenty minutes at one time: ProviA., Read, John R., Reed, Andrew, Runk, ded, This rule shall not apply to the chairSharpe, Wetherill, J. M., White, Harry nman of committees, on presenting a bill." and Worrell-40. The PRESIDENTpro tern. The amendment to the amendment is before the So the motion was agreed to, and the Convention. resolution was again read. Mr. BROOMALL. Mr. President: I deABSENT OR NOT VOTING.-Messrs. Ad- sire to call the attention of the Convendicks, Ainey, Alricks, Andrews, Arm- tion to what I remarked yesterday, about strong, Bardsley, Biddle, Black, J. S., the necessity of limiting debate in parBrodhead, Brown, Campbell, Carey, ticular matters and at particular times, Church, Corson, Cuyler, Dallas, Dimmick, rather than of limiting it upon all subEllis, Finney, Fulton, Gibson, Guthrie, jects and at times. The Convention Hall, Hemphill, Landis, Lear, Littleton, should have power by a simple resolution MIcCamant, M'Clean, MacConnell, M'Mur- and without the necessity of letting it lie ray, Mac Veagh, Mantor, Minor, Niles, over a day to limit the debate or prevent Palmer, H. W., Pughe, Purman, Purvi- it upon any particular matter that is in ance, John N., Reynolds, James L., Rey- committee of the whole. I would pronblds, S. H., Ross, Smith, H. G., Smith, pose, therefore, that an alteration that Henry W., Stanton, Temple, Van Reed, should be made in rule twenty-five, is Wetherill, Jno. Price and Meredith, Presi- this: dent-49. The PRESIDENTprO tem. There is now The PRrESIDENTprO tem. The question pending an amendment to the amendis upon the adoption of the resolution. ment. Mr. WOODWARD. Mr. President: I Mr. BROOMALL. I know there is, and I moveto amend, by striking out "one" and am suggesting what it would be well to inserting "two," and striking out the bal- do in the event of its being voted down. ance of the resolution. Add to rule twenty-five: "'But the ConThe amendment was agreed to. ention may, at any time, by resolution, The amendment was agreed to. limit debate in the committee of the The PRESIDENT po tern The eso whole." That would give us all the powtion as amended will be read. er we would want for the limiting of deThe CLERK read: bate without the necessity of a resolution Resolved, That on and after Monday lying over a day. It is an alteration of next the Convention will meet at ten A. the rule that I want. We cannot limit M. and adjourn at two P. M. debate in committee of the whole further The resolution was agreed to. than is allowed by rule twenty-five without the proposition lying over a day. Mr. DODD. Mr. President: I:move to What we want is to have power to limit take from the table and proceed to the the debate upon any pending question to second reading of the resolution offered by five minutes or to two minutes if we deme yesterday, in relation to the alteration sire to do so in committee of the whole; of rule twenty-five. and we will deed that power at different The resolution was read, as follows: times. We may, perhaps, somnetimes Resolved, That rule twenty-five be al- want to abolish debate altogether. tered, by striking out the words "oftener I will ask the Chair, as there seems to than twice," and inserting in lieu thereof be a difference of opinion as to whether a the words "but once." resolution to limit debate can be passed CONSTITUTIONAL CONVENTION. 713 without lying over one day, as the rule the whole. I apprehend, therefore, that a now stands. resolution to amend rule twenty-five must The PRESIDENT pro tetm. The present lie on the table one day. I would further resolution has laid over one day, but it is call attention to the fact that rule forty not susceptible of the amendment the states that no rule shall be altered or disgentleman proposes. pensed with but by two-thirds of the deleMr. BnROOMALL. I grant that; but I gates present. ask whether I am right when I say that The question being upon the amendwe have no power to limit debate in corn- ment offered by Mr. Hazzard, it was remittee of the whole by simple resolution jected. unless that resolution lies over one day? The question then recurring on the The PRESIDENTpro tem. The Chair de- amendment offered by Mr. Lilly, it was cides that the Convention has no power to rejected. limit debate, unless the resolution calling Mr. BROOMALL. Mr. President: I would for the limitation lies over one day. now inquire whether I am in order in Mr. WOODWARD. The Chair decided proposing a substitute for the proposed the other way the other day. change in rule twenty-five, that we should The PRESIDENT pro tem. The Chair add at the end of the rule the words: does not remember that the question arose "But the Convention may, at any time, before. by resolution, limit debate in committee Mr. BROOMALL. The question was not of the whole on any question pending." raised. I trust this resolution will be vo- The PRESIDENT pro tem. That is not an ted down, and that we will secure the amendment before the Convention, but right to limit debate from time to time as an amendment to one of the rules, which action arises. will have to lie over. If the Chair deMr. DODD. Mr. President: I would call cided differently a moment since, it was the attention of members to this fact, that from not understanding the question preif we pass this resolution any amlend- sented. ments offered will come up in the Con- Mr. DARLINGTON. I mnove that the vention after having been discussed in whole matter be laid over until to-morcommittee of the whole, and speaking row. can be again had twice by each member, The question being upon the motion of so that members may speak four or five Mr. Darlington, it was rejected. times on the same subject. Now, I sub- The PRESIDENTPrO tem. The question mit, that although there are members now is upon the resolution offered by the here who are overflowing with informa- gentleman from Venango (Mr. Dodd.) tion on every subject, yet if they will en- The resolution was read, as follows: deavor to confine themselves to the point Resolved, That rule twerty-five be alcan certainly express themselves in five tered, by striking out the words "oftener speeches so that we can understand them; than twice," and inserting in lieu thereof and in committee of the whole, at least, the words "but once." by passing this resolution, we hope here- Mr. PUCIKALEW. Mr. President: I after to be electrified by some eloquent move to amend, by altering the rule to flashes of silence from some gentlemen read, "not more than twice." At prewho have occupied considerable of the sent, under the rule, a member may time of this body. speak, I suppose, an indefinite number Mr. JOHN R. READ. Mr. President: I of times in committeeof the whole. The move the postponement of the further amendment proposed by me will limit consideration of this subject for the pres- him to speaking twice only. My idea is ent. that the bulk of our debates will be in The question being upon the motion of committee of the whole. Now it is very Mr. John R. Read, it was rejected. unsatisfactory to gentlemen to wait for the Mr. WHERRY. Mr. President: I would second or third reading for full speeches call the attention of the gentleman from on their amendments; if debating on any Delaware (Mr. Broomall) to the twenty- point is repeated the Convention becomes first rule, where he will find that every impatient. Therefore, while we should resolution to alter the rules of this Con- put a check upon excessive debate, we vention shall lie on the table one day. should permit each member to speak Rule twenty-five expressly states that a twice in committee upon the same subdelegate may speak oftener than twice ject. Then on second reading there need upon the same subject in committee of be but little debate, except upon ques 714 DEBATES OF THE tions of prime magnitude, of the first Conventionto-day, and it has been amendconsequence. In committee of the whole, ed in its several parts. The amendment after a member has expressed his views now pending is to still further amend the upon a certain question, other members rule of the Convention in reference to will express, perhaps, contrary views, debate. and the first speaker should have an op- Mr. WHERRY. I raise the point of orportunity to reply. I am strongly of der that this amendment is not germain opinion that we cannot carry on our de- to the original resolution. bates satisfactorily unless gentlemen are The PRESIDENT pro tem. The Chair can permitted to speak a second time in com- not sustain the point of order. mittee. Mr. BROOMALL. Mr. President: I only 5Mr. MAACCONNELL. I desire to call the desire to say in this connection that unattention of the Convention to rule number less we secure to ourselves the power of ten, which reads as follows: "No dele- limititing debate, we shall find the gate shall speak more than twice to the amendment, which has been adopted, will same question without leave ot the Con- be of very little practicable use, because vention." Rulb twenty-five says: "The by the time every member has spoken rules and proceedings observed in the twenty minutes, and that too, twice, I Convention shall be observed, as far as suppose a year will run out before we get they are applicable, in committee of the out of committee of the whole upon this whole, except that a delegate may speak article under discussion. I have seen oftener than twice on the suject, nor can this practice, which is proposed to be a motion for the previous question be adopted here, tried with excellent remlade therein." suits. If the amnendment is adopted the The question being taken on the amend- Convention will retain the power of inent proposed by Mr. Buckalew, of Co- limiting debate to five minutes, or even lumbia, a division was called, and the one minute, but if this power is not seamendment was agreed to, a majority of cured, the centennial will occur before the a quorum voting in the affirmative. Convention finishes the report of the ComAMr. BROOMALI,. Mr. President: I de- mittee on Suffrage and Election. sire to farther amend the resolution, by Mr. HARRY WHITE. Mr. President: I adding at the end, as it now stands, the have no intention of prolonging the diswords "and the Convention may, at any cussion of this subject. I understand the time, by resolution, limit or abolish de- Chair decides that a majority of the combate upon questions pending in commit- mittee of the whole cannot, at any time, tee of the whole." I think the Conven- by resolution, limit the length of the tion should have the power at all times to speeeches and the number of them. I limit or abolish debate upon any ques- know this is the experience of every partion. I hope, therefore, the Convention liamentary body I have ever seen, and I will see the necessity of adopting this believe it is the parliamentary experience amendment. of every member upon this floor. The PREJIDENTpro tern. The question The question being taken on the amendis oil the amendment of the gentleman ment, a division was called; and the from Delaware (Mr. Broomall.) amendment was agreed to, a majority of hMr. BROOMALL. Mr. President: I am a quorum having voted in the affirmarequested by a number of delegates to tive. modify the amendment, by striking out The PRESIDENT. The question is now the word "abolish." on the resolution as amended. The PRESIDENT pro tem. The amend- The question was then taken on the ment will be so modified. resolution, and the resolution was agreed Mr. WHERRY. Mr. President: I rise to. to a point of order. This resolution can IN COMMITTEE OF THE WHOLE. not now come before the Convention and The Convention then resolved itself be discussed, because it is virtually a new into committee of the whole, Mr. Lawrule, and under the rules of the Conven- rence in the chair, and proceeded to the tion it must lie on the table for one day. further consideration of the article reThe PRESIDENT pro tem. The Chair ported by the Committee on Suffrage, understands that the original resolution Election and Representation. presented yesterday contemplated an QUALIFICATION OF ELECTORS. amendment to the rules of the Conven- The CHAIRMAN. The committee of the tion. This resolution has been before the whole has again under consideration the CONSTITUTIONAL CONVENTION. 715 article reported by the Committee on tion by striking out what has been voted Suffrage, Election and Representation. in. The question is now upon the first sec- Mr. TWHERRY. Mr. Chairman: Then tion as amended. I move to re-consider the vote by which Mr. WHERRY. I ask for the reading of the section was adopted, in order that my the section. amendment can be presented in order. The CHAIRMAN. The Clerk will read Mr. CORBETT. Mr. Chairman: I call the section. for the reading of the amendment of the The CLERK read as follows: gentleman from Cumberland (Mr. WherSECTION 1. Every person possessing the ry.) following qualifications shall be an elec- The CLERK. To strike out the words tor, and be entitled to vote at all elections, " to be an elector." viz: The section will then read: -First. A male person twenty-one years Every person possessing the following of age. qualifications shall be entitled to vote at Second. He shall have been a citizen of all elections. the United States at least one month. The CHAIRMAN. The Chair would sugThird. He shall have resided in the gest that the gentleman from CumberState one year, or, if he had previously land can insert his amendment by conmbeen a qualified elector of the State, re- mon consent, if he will withdraw his Inomoved therefrom and returned six months tion to re-consider. immediately preceeding the election. Mr. WIHERRY. Mr. Chairman: I with-Fourth. He shall have resided in the draw the motion to re-consider, and ask election district where he offers to vote unanimous leave to offer my amendment. two months immediately preceeding the The CtHAIRMAN. Shall the gentleman election. have unanimous consent? Fifth. If twenty-two years of age, or up- Mr. J. W. F. WHITE. Mr. Chairman: wards, he shall have paid, within two I prefer the language as it at present years, a State or county tax which had stands in the section. As it is, it is a defibeen assessed at least two months, and nition of an elector. It defines specifically paid at least one month before the elec- the word elector, and then adds what he tion. shall be entitled to do-to vote at all elecMr. WHERRY. Mr. Chairman: I move tions. I decidedly prefer the language of to strike out the words "6 shall be an elec- the proviso. I object to the acceptance of tor," in order that the section may be di- the amendment of the gentleman from vested of its tautology. Cumberland. Mr. MANN. Mr. Chairman: I rise to a The CHAIRMAN. Objection is made, point of order. The committee of the and the amendment of the gentleman whole having inserted these words as an from Cumrberland cannot be entertained. amendment to the section, they cannot Mr. HUNsICKER. Mr. Chairman: I ofnow be stricken out. fer the following amendmentMr. WHERRY. Mr. Chairman: Did not Mr. Jos. BAILY. Mr. Chairman: I dethe chairman yesterday decide that this sire to say a word in reference to the consection, as an amendment, as amended, dition of our Journals. We have emwas capable of being amended? ployed ten pages, but the Journal is not The CHAIRMAN. The point of order of laid on the tables of members, or if so laid The CHAIRMAN. The point of order of is not kept up to date. There is now one the gentleman fronm Potter is well taken. is not kept u to date. There is now one You cannot strike out of a section what lttle oy distriuting ournals; where are the other nine? you have just inserted. You may add. The C~AIRIAN. That is a subj ect which MrI. WHERRY. Mr. Chairman: The cannot be brought up in committee of the gentleman from Delaware (Mr. Broomall) whole. The amendment offered yesteryesterday put this question to the Chair- day by the gentleman from Allegheny Mr. MANN. Mr. Chairman: I under- (Mr. J. WV. F. White) is to be found on stand the Chair decided then that you the Journal, page 275. might modify a section so amended by Mr. AY Mr Chairman: The Mr. Jos. BAILY. Mr. Chairman: The adding words to it. Journals on our tables do not contain page The CHAIRMAN. That is what the Chair 275. was going to say. A modification of a The CHAIRMAN. The amendment of section must be made by addition at the the gentleman from Montgomery (Mr. end. It cannot now be made in this see- Hunsicker) will be read. 716 DEBATES OF THE The CLERK. To amend, by adding at privileges conferred, and which are guarthe end of the section the following pro- anteed by the organic law. viso: AMr. BEEBE. Mr. Chairman: May I in"Provided, That no person who shall terrupt the gentleman from Montgomery have given or offered to give, received or to ask where his amendment may be agreed to receive, directly or indirectly, found on the Journal? any money or other valuable thing, for Mr. HUN-SICKER. Mir. Chairman: Subthe purpose of corruptly influencing the stantially it will be found on page 276 of vote of an elector, or shall have made the Journal. I have made some alteraany bet or wager, or shall be interested tion, in the closing line, but when I conme in any bet or wager on the election or de- to that 1 will explain. feat of any candidate, or the result of any I take it, sir, that we are all animated election, shall Avote at such election: Pro- with the single purpose of preserving the vided however. If any elector be challeng- purity of the ballot-box, and the speeches ed for such cause, his vote 11a-y\ be re- which were made yesterday were all diceived on his taking an oath or affirmna- rected to that end. Now the question tion that the matter of such challenge is arises first in the consideration of the not true. amendment which I offered as to whether "And provided further, That every per- this is properly part of the organic law, or son who shall hereafter be convicted, in whether it belongs to legislation. I mainany court of this State, of treason, bribery tain, notwithstanding some gentlemen or perjury, or shall be convicted of fraud- upon this floor, for whose opinions I have ulently voting, or interfering with the the greatest respect, and with whom I ballots or returns of any election, or of differ e;uctantly., believe the contrary, imaking any false and fraudulent count that if we incorporate into the organic law or return of the votes at any election, certain provisions declaring that such and shall be deprived of the right of suffrage: such ersons shall be electors and be enProv.dedl howeve~r, That the right lnacy bee titled to vote, that it is not in the power restored in any particular case, after con- of the Legislature to declare that they viction, by an act of the Legislature, two- shall, for any offence, be deprived of the thir~d s of each I'iouse consenting thereto.~" rights of electors. N or is it legislation for Mr. WHVERRY. Mr. Chairman: I rise us to declare in the organic law how a to a point of order. This anmendment man shall lose his right of suffrage, beought to come in as a separate section al- cause if you intend to secure every avetogether, and not as a part of this section, nue of approach to the ballot box against to which it does not belong. the intrusion of him who would pollute The CHAIRAI.N. The committee must it, you must put into the organic law such determine that for themselves by their a penalty against such a wrong doer as vote. will mnake it his interest to be honest. Ar. WHERRnY. Mr. Chairman: Then I Now where does it properly belong? raise the point of order that the proposi- Some gentlemen say, "Oh, withdraw it, tion of the gentleman from Miontgomery it belongs in a subsequent section." I cannot be introduced at this place without say no! I do insist and maintain that it a motion of postponement first having belongs right here as a proviso to this secpassed. tion; that by every principle of legislaIhe CHAIrA.AN. The C(hair decides that tion, when there is a general law passed the amendmuent is legitimate. and there is to be an exception to it, it is IMr. HU;scICIERn. Mr. Cihairman: If I excepted by a proviso at the end. Here were capable of eloquent flashes of silence you declare in this section that such and I should prefer to keep quiet, but as it is such persons shall be entitled to vote at impossible forthis Convention to transact all elections, and then insert a clause its business without the use of the voice, without saying in the main clause, "esI shall, at the risk of being tedious, give cept as hereinafter excepted," or "subthe reasons why I offer this amendment, ject to the limitations hereinafter conconfining myself, however, within the tained;" in fact, without one saving clause tinme allotted. It would be in vain to de- in the first section, you declare, in subsefine the qualifications of electors, such as quent sections, that for such and such ofwe defined them to be yesterday, unless fences they shall not vote. we put a provision in the law which shall. Let gentlemen consider that the first provide against the fraudulent use of the persons who are to construe the work of CONSTITUTIONAL CONVENTION. 717 this Convention, after it shall be adopted By inserting ill the third paragraph, by the people, are the various election between the words "elector" and "'of boards throughout this Commonwealth. the," the following: Why not put our Constitution in lan- "But a native-born male citizen, if guage so plain that "a wayfaring man, otherwise qualified." though a fool," may read and under- Mr. H-TANNA. Mr. Chairman: Will the stand? Why should we make our work Clerk please read the connection? so ambiguous and so uncertain as to re- The CLrERI. It would read, asamended: quire a judicial construction before we I" If he had previously been a qualified know what it means? This amendment elector, or a native-born male citizen, if belongs right here, because we are con- otherwise qualified, of the State." sidering now the qualifications of electors. irr. R.USSELL. AMr. Chairman: The obWre are establishing the first foundations ject of that amendment is this: Why for the purpose of guarding the ballot- should your son, who leaves the State at box against the intruder who would pol- eighteen, nineteen or twenty years of lngte it. tage, be compelled to reside one year in In the language of the gentleman from the State, if he returns at the age of Franklin, (Mr. Sharpe,) yesterday, we twenty-two, twenty-three, twenty-four or desire to make the ballot-box the mirror twenty-five, before he can become an of the public will. These provisos will elector? He should be permitted to vote accomplish much in that direction. after he has resided in the State six I do not claim the authorship of these months after his return. Unless he is a provisions; they belong to the gentleman qualified elector when he leaves the from Allegheny, (Mr. J. WV. F. White,) State he cannot vote when he returns to who presented the minority report; they the State until he has remained here one are not crude; they are not ill digested; year. If he is a qualified elector, he can they are not ill considered. return to the State and vote in six months, I have added an amendment, by strik- but not being a qualified elector when he ing out that portion of his report which left the State, he is required to remain in prohibited the Legislature from restoring the State one year if he desires the right to the elector the right he had forfeited to vote. This is so plain a proposition until five years had elapsed after his that, I think, if members will reflect conviction. upon it they will unanimously vote for it. I have put in its stead, that I"every per- Mr. DARLINGTON. Mr. Chairman: This son convicted in any of our courts may provision is substantially that of the prebe pardoned by the consent of the Legis- sent Constitution, and I have never heard lature, two-thirds of each House concur- of any difficulty in the construction of it. ring.'' It will be found that, if these The young man Twho should have left the provisions are to be adopted, they Inay State before he arrived at the age of twenas well be considered now and here as ty-one has always, in our region, been libhereafter. They should be incorporated erally construed to be a votable citizen of in the first section, now under considera- this State, so that when he returned, only tion, to complete it; and thus it will be- six months' residence was necessary to come a concise and compact declaration entitle him to vote. As we always conof the election laws of this Common- strue the election law and the Constituwealth, requiring little or no legislation tion in favor of the right to vote there has to enforce them. never been any difficulty. MIr. WHERRY. Mlr. Chairman: I have The question being taken upon the no speech to make on this subject. I amendclent, it was not agreed to. only express the hope that the committee The CHAIRMAN. The Clerk will now will quietly vote down the proposition of read the section as amended. the gentleman in the place in which he The CLERK read: has introduced it. It is, in this section, SECTION 1. Every person possessing the only adding confusion to confusion, con- following qualifications shall be an elecfounding the election qualifications with tor, and be entitled to vote at all elections, election disqualifications. Let us settle viz: one question first, then take up the other. 1. A male person twenty-one years of The amendment was rejected. age. Mr. RUSSELL. Mr. Chairman: I move 2. He shall have been a citizen of the to amend, as follows: United States at least one month. 718 DEBATES OF THE 3. He shall have resided in the State us an open ballot, why not at once proone year, or if he had previously been a vide for viva voce voting? If, on the other qualified elector of the State, removed hand,they meant to secure the secret ballot therefrom and returned six months im- why do they add a tail to the proposition mediately preceding the election. which makes secrecy utterly impossible? 4. He shall have resided in the election Did they mean to inflict this monstrous district where he offers to vote two months injustice upon all the people of this State, immediately preceding the election. because of the high tribute for political 5. If twenty-two years of age or upwards integrity paid to the people by the gentlehe shall have paid, within two years, a men from this city, or is it an infliction in State or county tax, which had been as- consequence of the acknowledged enorsessed at least two months and paid at mous election frauds of the city of Philaleast one month before the election. delphia? Let us see whether this is just. The first section as amended was agreed I have no doubt this modern wonder to. takes its rise in the corruption of city poliThe CLERK read the second section, as tics, and the facility with which frauds follows: are perpetrated in city elections, as so eloSECTION 2. All elections of the citizens quently portrayed in this Convention by shall be by ballot; the ballots voted may members from the city, who, in announbe open or secret, as the elector shall pre- cing the fact, astonished us by saying that fer, and they shall be numbered by the seven-eighths of the people of the city perelection officers when received; each elec- mit one-eighth to rule them with a rod of tor shall write his name upon his ballot, iron. Now, I ask you, by what right all or cause it to be written thereon, and at- the people of the State shall ],e made to tested for him by another elector of the suffer for the special political sins of the district, who shall not be an election offi- city of Philadelphia? Is it in accordance cer. with the principles of this government iMr. WHERRY. Mr. Chairman: I offer that sovereignty is inherentin the people, the following substitute. that seven-eighths of the people of PhilaThe CLERIK read: delphia, comprising its noblest, best and "Strike out the section, and insert:'In purest men, should permit one-eighth of all elections by the people the electors their "fellows" to mould their municipal shall vote by ballot, in a manner pre- laws for them, nominate and elect bad scribed by law.'" men at pleasure, bind them hand and foot Mr. BAER. MIr. Chairman: I move to and load them with heavy burdens? amend, by striking out all after the word Is it right that this vast majority should "prefer," in the second line, and inserting: permit themselves to be tied hand and "There shall be a separate ballot for each foot, should permit a yoke to be placed office to be filled, and it shall have written upon them, and when it begins to gall or printed upon it the name of the office their necks, and forces them to cry for and the name or names of the candidates help, that we should come to the rescue, for the office for whom the elector may lighten their burdens, and distribute vote, and nothing else." them upon the necks of the people of this Mr. Chairman, I am entirely opposed to whole State? For one, I say no. If the the amendment proposed by the gentle- high privileges of seven-eighthsof the citiman from Cumberland, (Mr. VWherry,) as zens of this State are not worth making a well as to the original section. The sec- decent effort to rally all good men of all tion, it seems, has been prepared with a parties, and unite upon good men at elecview of guarding the elective franchise tions, whereby they could as certainly and purifying the elections. Tomy mind and as easily hurl rogues, thieves and it seems that this Convention would do plunderers from power as they can confar better to provide for a purification of vene: in social gatherings, and discuss the people in a different way, than by and talk over the demoralizations of their striking at one of their dearest rights. city, then, I say, let them bear the yoke. The proposition pretends to afford to the A people who can be free and will not elector a secret ballot, while, at the same are not deserving of any special pity at time, it gives him the opportunity of an the hands of this Convention. "Eternal optional open ticket. It gives him the vigilance *is the price of liberty," and privilege of voting either way, but, to my they who will sleep upon their rights mind, it does not give him enough of cannot complain much if they lose them. either. If the committee meant to give Whenever, therefore, seven-eighths of any CONSTITUTIONAL CONVENTION. 719 population will permit the other eighth to without a tithe of the fraud and corrupbray them in a mortar, it must be because tion that you now find, and that men alof some latent malady preying upon their ways were elected who were qualified to own vitals, which is as dangerous to the fill the offices to which they were chosen. public welfare as the open sins of the The ballot, as then used, was the expresother one-eighth; and I assert that when sion of the will of the people. Partisanisln these seven-eighths stand by and permit could not then compel men to vote for their city to be thus mis-ruled, they are rogues, simply because they had been as responsible as the one-eighth who placed in nomination by their party. Etseem to carry it into effect. ery freeman then felt that he indeed was But let us come to the question raised a sovereign, and that his will, freely exby this proposition. I assert if anything pressed, was as potent as that of any of his has been well tried in this State, and fellows in determining what measures found to be well adapted to the general should be adopted and what men should warfare of all the people, it is the secret rule. How is it now? The more promiballot. nent politicians of a district provide the It enables the poor man to vote for such machinery of party nominations, present men and such measures as to his mind the candidates suited well for some speand judgment tend to his own welfare, cial purpose, not always consonant with and the welfare of the people of the State, the general weal. Often, in fact, they without incurring the i11 will of his nmore present men who are honest, with a view, opulent neighbor, upon whom for many simply, of throwing dust into the eyes things he may be directly or indirectly of the honest masses, and to enable them dependent, and without whose good will more effectually in the future to present the employment upon which his daily their own tools for the next ten years, bread depends may be taken from him. and thus we rarely get one honest term It enables the debtor to vote for such out of ten. Both partiesin this way make men and such measures as his own un- their nominations, and men are expected biased and independent judgment ap- when they go to vote not to stop and inprove, without, to his personal and finan- quire, is the candidate honest and capacial detriment, offending his creditor. ble; is he worthy, but only is he a person It enables the honest, sincere and con- who always and invariably votes the tickscientious freeman to vote his own senti- et, and the whole ticket of the party? If ments unawed by the power of local politi- he is found to be such a person, all are excal parties, but above all it enables the pected to vote for him who entertain the freeman to exercise the right of suffrage views of the party upon great fundamenin the only sense in which it was ever in- tal political questions, though lhe should tended to be used, in the only sense in be ever so great a rogue, and though the which it can, by any possibility, have any office to which he is elected can have virtue, namely: That whereby the act nothing whatever to do with any question becomes the free anduntrammelled judg- in municipal, State or national policy. ment of his own mind, and not in any Is it the sense of this Convention to prosense the mere expression of the will of vide for a purification of theballot? Then another man or of a political party. let them provide for a purification of the Adopt this terrible heresy and what election, by making it possible for freewill be the result? Good men of all par- men to vote in such a way as that they ties will refrain from voting, as they have shall express their own will, untramfor three years in this city of Philadef- mnelled by party power, without fear or phia; very many others, equally good, favor from any source whatever, and iIn perhaps, will take the ticket which their such a way that the right hand shall not party presents, close their eyes to the know what the left hand does. character and the qualifications of the This you can best do, I assert, by means candidate, and, in common parlance, "go of the secret ballot, which shall have upon it blind." it the name only of the candidate for whomn Sir, the great crying political sin of the you may vote. This has been rendered day has its very root in the manner of entirely impossible by the manner in casting the ballot. Who does not know which the ballot has been prepared in that in the golden days of the Common- these latter days. wealth, when elections were free, and The ballot, as now prepared, is the onewhen the ballot was both secret and sin- slip ballot, and it is so gotten up that there gle, that exciting campaigns were carried shall not be margin enough upon it by 720 DEBATES OF THE which you can insert any other name,ifyou Then, sir, would you preserve the State should desire to do so, than those that are and hand it down to posterity, having already on-even if among those you find enunciated the doctrine that all soverthe name of a notorious rascal. You may eignty is inherent in the people? Go farpossibly scratch a name off, but you ther and also assert it can only be done can not, by any possibility insert another, by securing a free and untrammelled exeither by pasting or writing, and you are pression of the will of the people without therefore compelled, against your will, to fear or favor from any source whatever. vote for some villain, -or at any rate to And the people, who are now despairing give him half a vote, by simply scratching and complaining that they cannot, without his name, and not voting for his com- out fear or favor, express their sentipetitor. So thoroughly do political mana- ments, will rise in their might and think gers understand their trade that, not con- and vote for themselves. They will hurl tent with this, after having provided for these rogues and villains from power and this one-slip ballot on which the nominees fill their places with honest men, who' of a party are placed-some of them doubt- will value and preserve the fair fame of less good men, some certainly rascals-the this Commonwealth for ages tGo conme. good men intended to carry the rascals [Here the hammer fell.] through, that on the eve of an election Mr. BROOMIALL. I move- to extend the flaming hand-bills are gotten up and time, so that the gentleman (Mr. Baer> posted upon all the trees at the cross-roads may finish his remnarks. and on all the school houses in the county, The question being upon the motion of calling upon the people to beware of elec- Mr. Broomall, it was agreed to. tion frauds, of bogus and fraudulent tick- Mr. BAER. Mr. Chairman: I thank the ets, but, above all, to keep an eye on the Convention for the courtesy it has extendmen who, on election day, will scratch ed to me, but as I wish to live up to the their tickets. rules; I will not occupy the time of the The result is that the best of men, when Convention any farther at present. they come to an election, are deterred from Mr.. E-LLIOTT. Mr. Chairman: As a voting their sentiments, for fear they member of the (Comlmittee on Suffrage,, should be detected by the party managers. Election and Representation I desire to They take the ticket and vote it blindly, state, briefly, my reasons for opposing not thereby expressing their will, but on this section of the report of that committhe contrary witholding their best judg- tee, in its present form, and why I shall ment from the government of the State- vote for the- amendment first offered or a judgment to which the State is entitled, one substantially like it. and voting instead the sentiments of the In my jcudgment there is no principle party managers. involved in elections by the people, whichThis can only be corrected by a resort to meets with such general approval from first principles-by making it competent the -thinking men of to-day, none which for a voter to select his ticket, without re- has bee n for so long a time a part of thegard to the party. This course is, in my organic law of nearly every State in the opinion, the only hope for the salvation of Union, and none, the propriety of the conthis State, and the only hope for the puri- tinuance of which in the Constitution of fication of the ballot. this State is so well justified by reason and I will go as far as any man, and concede experience, as the principle that all electhat in elections for national candidates tions by the people should be by secret and the decision of national questions, it ballot. may be quite meritorious for a man to vote The practice of voting by secret ba:l;ot the lull ticket of his party, as a full and has become so gerneral throughout the free expression of political opinion, when country that it would, halve been singular the candidates are honest, capable and indeed if a committee of this Convention worthy men. But I utterly deny that had. reported against the propriety of conthere can be any merit in voting the ticket tinning the practice in this State. The of any political party, in connection with committee could not well ignore a policy the ordinary affairs of towns, counties and that has prevailed for so long a time that cities, or in any case where bad men have it has almost become the common law of been placed upon the ticket; and I assert elections in representative governments. that if this great ship of State should ever The committee by their report, in the secbecome a wreck it will be in the storm of tion under consideration, recognize the partisanism. propriety of permitting the elector to vote CONSTITUTIONAL CONVENTION. 721 by secret ballot, and provide that "all is the source from whence the requireelections of the citizens shall be by ballot; ment should come. the ballots voted may be open or secret, But such a provision, whether embodied as the electorshall prefer." I most heart- in the Constitution or imposed by legislaily approve of the section thus far, but the tive enactment, would not preserve the committee have thought proper to impose secrecy of the ballot. As a rule, the elecrequirements on the elector, which, in tion boards throughout the State are commy judgment, absolutely and entirely de- posed of active local politicians, who stroy the secrecy of the ballot. know the politics of nearly every man in their respective districts, and they are on In the first place they require that the elector shall write his name on each bal- thelookout for the purpose of acertaining how the voters cast their ballots, and lot that he offers, provided that he can ng how the voters cast their ballots, and write his name, and if he cannot, that he if a man in the district voted against his shall procure some other elector of his party ticket, or differently from the way election district to write his name on his his employer had promised he should, or ballot for him, thus compelling hinm to differently from the way lihe himself, unlace the mark of identification on his der the constraint of his peculiar situation, had promised, the fiact would be ballot, which will enable the officers of known from one end of the election disthe election board to ascertain for whom he voted by an inspection of the ticket. hours after the polls were closed, notit would seem that this requirement withstanding your provision ior secrecy ought to be sufficient to satisfy the most withstandng your provision or secrecy zealous advocate of the open ballot, but in addition to this, this section of the re- It would not be necessary for the elecport provides that when the ballot thus tion officer to state in so many words just marked is passed over to the officers of how this or that man voted, in order that the election board they shall further his political friend outside the board mark it by placing a number thereon, might be made to understand, with sufficorresponding with the number placed cient certainty, how the vote had been opposite the elector's name on the tally cast —a look, a jesture, the slightest inlist. Now, with these two requirements sinuation would answer just as well as complied with, the ballot identified by the plainest statement, and the desired inname and number, can there be any formation would be imparted without doubt but that the election officers would rendering the officer liable to the penalknow absolutely just how the elector ties of any provision that might be emboi voted, and that the secrecy of the ballot died in this Constitution, orenacted by tho would be destroyed beyond the possibil- Legislature, the most comprehensive that ity of a question, and yet with these re- human ingenuity could devise. In tia quirements in this section, the committee consideration of this section of the report gravely report that the elector shall haive it seems to me but the single question the right to vote by secret ballot. In my presents itself: Whether the open or sejudgment the manner of voting provided cret ballot will be most likely to elicit a by this section is infinitely more objection- fair expression of the will of the people. able than the open ballot. It is, in fact, In my judgment this is not an open quesopen ticket voting by circumlocution. It tion. I believe that the experience of; is said, however, by those who favor the every delegate on this floor teaches him requirments contained in this section, that that there is a large class of voters in this a provision might be incorporated into State, as in every other, who would not the Constitution requiring the election cast their ballots in accordance with their officers to take and subscribean oath that honest convictions, if they were come they will not communicate the know- palled to vote an open ticket. I know it ledge obtained as such officers, as to how is a favorite theory of some gentlemen in an elector casts his vote, except when this Convention, for whose opinions I erLcalled to testity as witness, and the fact tertain great respect, that the man who is: becomes a material inquiry. Certainlyit afraid to go to the polls and declare open-.cannot be seriously proposed that this ly for whom he desires to vote, in the~. Convention should incorporate such a presence of the voters of the entire disprovision in the Constitution. If it were triot, is unworthy to exercise the right of thought proper to impose such a require- an elector. This may sound very well, ment on election officers the Legislatrure. and be all right in theory, but the votes; 46 722 DEBATES OF THE of the class who, for various reasons, dare will any of the corrupt practices of illegal not go to the polls and openly declare voters be interfered with in the least. The their preferences, will be cast, and the provisions proposed to be engrafted on question for our consideration is, whether our system of voting have no active life it is better to have themn cast as the elec- for good, at least, until the votes are all tors' conscience and judgments dictate, cast and the count begins. In fact, they under cover of the secret ballot, or as cannot be of the slightest use, except in their fears or necessities compel, by the contested election cases, and I am willing open ballot. to admit that these provisions may serve It does not require great courage for the to furnish evidence of how a person, man who occupies an independent posi- proved by other evidence to have been at tion in the world to vote an open ticket; illegal voter, cast his ballot. I am, howbut is it to be wondered at, that the poor ever, unwilling to yield this great princilaboring man, although he may be more ple of the secret ballot, which gives to intelligent than his more fortunate neigh- elections their real value to a large class bor, whose bread, and the bread of whose of our citizens, simply and solely upon family, depend upon the will of his em- the ground that the trial of contested elec — ployer, has not the courage to face that tion cases may be simplified. Happily employer at the polls, and cast his vote for the State, contested election cases outopenly against the express command of side of the city of Philadelphia are few him on whom he is dependent for the indeed. means of subsistence. I know very well I am opposed to this section, as rethat the reply to this argument is: That ported, also, for the reason that the rein this country labor has nothing to fear quiremlents of the elector contained in it from capital. But, sir, there can be no would be more appropriate as a legislagreater fallacy than this. In nearly every tive enactment than as a provision in the contest between labor and capital in this organic law of the State. country, capital has come out of the strugIf these requirements were made otf gle the victor. The reason for this is the electors of the State by an act of the plain. While capital loses little by lying Legislature, if they were found to be burLegislature, if they were found to be braidle, if the laborer refuses to work for any o densome and oppressive on the people, length of time, starvation knocks at his the law could at once be repealed, but i the law could at once be repealed, but it door, and he is obliged to yield to the de- they become a part of the Constitution they become a part of the Constitution of mands of capital. the State, however much the people may The power of partsy discipline woultd desire to get rid of them, then they must, prevent many a mnan from casting hisvote remain for a number of years before they as he' thought to be right, if he was com- can be gotten rid of.,pelled to comply with the requirements of-this section. Take an ambitious parti- gain, I oppose this section for the rea-stan. He may feel that a bad man has been son that it would be inconvenient a puit'in nomination by his party, and he burdensome upon the great massof the wonild -strike that man with the secret people of the State to carry its req-irefballot, yet you inform him that his party ments into execution To those who ar friends must of necessity know just. how familiar with country elections, and the he votes, and knowing that under those conveniences usually at hand for ocircumstances he will lose caste in his ducting them, the force of this position party;if he votes against its nominee, the will at once be apparent average man will vote his party ticket, Take, for example, an election in the wrong though he knows it to be. I do country, where the election is held iln not say this is right, but the result 1 have a country school house, and from three to.described would, as a rule, be obtained five hundred votes are polled, and you.while weak human nature remains as at require those three or five hundred voters 1present constituted. to write, their names, ordinarily not less What good results are to accrue to the than three times, with no place to write ypeople of this State, in consideration of within a mile of the polls, and you ca.n'their abandonment of their time-honored form some idea of how inconvenient it method of casting their ballots? Will will be to carry into execution this new the casting Of a single fraudulent vote be patent for the prevention of frauds at prevented by this proposed method of elections. casting the'ballots? No, not one illegal I hope, Mr. Chairman, that this section. vote will be kept out af the box. Nor will not be adopted. CONSTITUTIONAL CONVENTION. 723 Mr. D. nW. PATTERSON. IMr. Chairman: or the increasing of the power of party I do not rise to make a speech of any leaders, shall meet with a negative vote length upon this subject, but simply to at my hands. I have no doubt we shall express my opinion in reference to the be told that by the proposed article all doing away of the secret ballot. It seems option is given to the elector to deposit to me that a provision which shall accom- his ballot or vote viva voce. I do not unplish this object will be entirely improper. derstand the meaning of an open ballot. This provision in our Constitution has al- I know what a ballot means, and 1 know ways been a protection to the poor and what a viva voce vote means, but I do not laboring man against an employer-a pro- not know what an open ballot means. But tection to the voter whose support, and what will be the practical result of allowthat of his family, depend upon his emn- ing, as here provided, an open or secret ployer. We know that there is in all elec- ballot? If this provision is once inserted tions a system of intimidation which is in the Constitution the strong party man not confined to one party alone, but ex- or the reckless partisan will, of course, tends to all parties. It is natiral with vote the open ticket. The moderate, the some men, but I think if we can make the timid man, who desires to vote according ballot pure without this provision, which to the dictates of his conscience, will be I think we can, we should not encroach over-awed by party leaders, and told, upon this old long-tried and established " now that you have the option of voting rule. The Convention of 1790 considered openly why don't you do it?" The effect this question carefully, and they decided, of this will be to strengthen the power of after a long consultation, in favor of the the party leader and the party advocate, secret ballot. The Convention of 1838, and to paralyze the good intentions of the than which I think no Convention before elector. It seems to me no person can or since exceeded in point of ability, per- well refute what was so well said by the sonal worth and intelligence, considered gentleman from Tioga, on this subject, this question for a long time, and finally (Mr. Elliott.) There is always, in every decided to retain the secret ballot. It community, a very large body of modseems to me this Convention should not erate mnen who go with the party from old strike this provision from the report of the associations or traditions, or from the becommittee providing for the restriction of lief that the policy in the main advocated electors. I think, with other guards we by their party is the best, and yet they can throw around the ballot box, it can are desirous again and again, in questions certainly be protected and rendered pure which have only a local importance, of without this terrible encroachment upon voting for the best men without regard to the large proportion of voters of this coun- politics. try. This class of voters to whom I refer All this most valuable conservative porcomlprise those who are always ready to tion of the community will, in effect, be protect the country against the encroach- swept out of existence. Per force, against ments of monied or corporation power their own desires, they will be converted which threatens the safety of the State. into partisans. For this reason, thereIn making these remarks, it has been fore, I am opposed to the proposed change. with the sole idea of expressing my views In a word, I prefer the old Constitution. in a brief manner upon this question. I Strike out everything in the first line rmeight repeat the arguments which were of this section after the word "ballot;" made in the last Convention of 1838, as this isjust what we have now, except that well as in the previous Convention, but "representative elections shall be viva the membersof the Convention are doubt- voce, which question, of course, is not iIlless well acquainted with them. I will volved in the present discussion. not occupy the time of the Convention Again, by requiring the elector, where any longer, but in regard to the amend- you give him the opportunity, as you say mnent, I desire to state that I proposed you do, of voting secretly, to affix his amending this section, by striking out all name, I suppose, on the inside of the after the word "prefer." I desire, how- ticket, though this section does not say ever, that the amendment which is now so, I suppose this is meant. pending should be disposed of, and I may Mr. M'ALLISTER. Mr. Chairman: then offer my amendment. desire to say, in explanation, that the Mr. BIDDLE. Mr. Chairman: Every committee did not design codification.. change in the Constitution, which has for They supposed that these principleswould its object the strengthening of party lines, be carried out in an act of Assembly. 724 DEBATES OF THE Ar%. BIDDLE. Mr. Chairman: I assume sion of this kind, with the assistance of that it was meant to be written inside. I some gentlemen in this Convention owho assume that, of course. It would, per- have given the subject very considerable haps, be absurd to suppose that it should attention, that would meet the case, I be written outside of a secret ballot. That think, a little better than the amendment would be suicidal, of course, and could offered by the gentleman from Somerset. iot be entertained. But as his is an amendment to an amendBut it leaves it open to the election offi- ment I cannot offer it now. cers to know exactly what the vote of Mr. C. A. BLACK. Mr. Chairman: I every voter is. Thile you preserve what suggest to the gentleman from Fayette I assume to be most valuable, you should that he can offer his amendment after the cautiously abstain from any provision present one is disposed of. which gives to any human being the di- AMr. KAINE. Mr. Chairman: I will do rect knowledge of how a vote is cast. I so. I do not desire to make a speech on see nothing good to be gained from it. Is this subject, but I will read the amendit to be supposed that we are to be in a ment I haye prepared, and if the gentlechronic state of contested elections? God man from Somerset chooses to accept it forbid! It seems this provision was in- as a substitute for his amendment I think serted with regard to that. By adopting it will meet his views, as I know it does one of the clauses a little lower down, in those of many members of the Convenregard to registration and non-depriva- tion: tion of a voter's right by reason of not be- "All elections of the citizens shall be by ing registered, you will do enormous ballot, and no ballot shall contain the good in the direction of preventing fraud- name or names of candidates for more ulent elections, and perhaps all that can than one office; persons acting in a repreproperly be attained. In the present sentative capacity shall vote viva voce." mode I can see none. That contains exactly the provision that One word in regard to single tickets and we rvant to put in, as well as the principle I have done. I like this suggestion. I contained in the Constitution of 1837 and believe it is most valuable. It is allowing 1838. "All elections shall be by ballot" scratching in the easiest and freest way. is the Constitution of 1837 and 1838, and We all know the difficulty of scratching was the Constitution of 1790. The elecas tickets are now presented to the voter. tions shall be by ballot, except those by First, there is the vis inertia to overcome, persons in their representative capacity, which exists more or less in everybody, who shall vote vivca voce. It is simply rethe indisposition to change the ticket pre- enacting this provision of the old Constisented. Next, there is the insecurity of tution, and placing therein this provision doing it properly by pasting a slip over that the Legislature shall not make what a name, or by writing out one name and I call a ring ticket. re-writing another. This, so far as we can Mr. HARRY WHITE. I do not rise, at do by legislation, by constitutional pro- this time, to intrude a speech upon this vision, we should do, and thus give all the committee. I rise more for the purpose advantage of the most liberal scratching of uttering a hearty amen to the earnest without any of its disadvantages. I there- and instructive words which fell from fore shall vote for the amendment of- the delegate from Tioga, (Mr. Elliott,) in fered by the gentleman from Somerset behalf of the minority of the Committee (Mr. Baer.) upon Suffrage, Election and RepresentaMr. KAINE. Mr. Chairman: I am op- tion. In all our discussions here I prefer posed to this section as reported by the to support the report of the majority of a committee, and I am in favor of the amend- committee. In this instance, however, ment of the gentleman from Somerset, the report of the majority in favor of this (Mr. Baer,) if it be put in proper shape. section, as I find it upon my desk, and as I think, sir, that one of the worst laws we are obliged to vote upon it, is so in that ever was passed, one that has done conflict with the education of my life, more to facilitate fraud in elections than with my feelings as a Pennsylvanian, any other, was the act of 1866, which pro- that I would be false to myself and false vided for slip voting. I desire, as I hope to the people of the section of State I repevery member of the Convention will, to resent if I did not resist it. And, sir, if I place something in the Constitution to had the power of an earthquake, if it prevent legislation of that kind being per- were necessary, I would be glad to cast it petrated again. I had prepared a provi- right in here. The great danger which CONSTITUTIONAL CONVENTION. 725 this Conyvention has to apprehend from upon his ballot and have a number placed its work is the effort to do too much. It thereon, but he must call his neighbor to is hardly necessary for me to remind this witness this independent act of his own Convention that every change is not re- and write his name there also. Why form to the people of this Commonwealth. there are plenty of people, honest men, The plain, old-fashioned people of Penn- able and capable of exercising, intellisylvania, when they voted so unanimnous- gently,the right of suffrage in the Colnly in favor of this Convention, did not meon-wealth to-day, men in affluent circontemplate that this provision would be cumstances, men of enterprise and charinserted in the new instrument. acter, who cannot write their own names. I have no words to add to what has There are such men all over this Cornbeen so well said by my friend, the gen- monwealth who have not had the facilitileman froms Somerset, (Mr. Baer,) or ties and opportunities of a common school the gentleman from Tioga, (Mr. Elliott,) education, and to force them to go to the or the gentleman from Philadelphia, (Mr. polls and expose, in this way, the defects Biddle,) against the open ballot. The of their early education would be to pracsecret ballot belongs directly to the peo- tically prevent them from voting. They ple of this country. WThen slavery fell would shrink from the exercise of their and the rebellion was crushed, the viva right of suffrage if that exercise were voce vote in America ceased; and to-day, coupled with such an exposure. England is contemplating the propriety Instead of restricting the exercise of the of adopting the secret ballot. Not a great ballot, instead of impairing the conveniwhile ago I picked up an extract from a ence and privileges of the honest, plain,.discussion in Parliament, and I was de- common sense people of Pennsylvania to ighted to discover the leading strong go to the polls and vote as they see fit, we minds there favoring the introduction of should enlarge them and open the doors the secret ballot into their Parliamentary for honest elections. WVhatever we do, let elections. The reasons existing for the nothing be done to restrict the exercise of adoption of the use of the secret ballot in the elective franchise in those parts of England exist in Pennsylvania —in this Pennsylvania where fraudulent voting is great Commonwealth, in this great man- unknown. I shall cheerfully vote for the ufacturing State, with our large indus- amendment of the gentlemen from Sombries, with our large corporations, where erset (Mr. Baer.) Inartistic and someso many of our people are dependent what crude as it is, I prefer it to the secupon their employers. I say amen, then, tion coming from the hands of the comto all that has been said in behalf of the rmittee. secret ballot. The secret ballot in Penn- Before taking my seat, I will remark sylvania is as dear to our people as Maagna that if I had my way, I would have the CYctarta ever was to the barons under John. old section of the old Constitution, under There is another objection, Mr. Chair- which Pennsylvania has grown and prosman, to the provision. It isthe increased pered. It reads in simple, concise, corndifficulty which you throw around our pact language: elections, the obstructions which you "All elections shall be by ballot, except throw in the way of the plain, honest peo- those by persons in their representative ple of Pennsylvania, throughout the in- capacity who shall vote viva voce." terior, in coming to the poll and in their There are some gentlemen here who own way to exercise this sacred privilege. have inveighed against the act of 186G, When a bad nomination has been made, known as the slip ticket voting. I go or an unwise policy is sought to be im- heart and hand with them. I am opposed posed upon the State, the reliance of the to that system of voting. I want to make statesman, and of the good citizen, is every ticket single in every part of this always in appealing to the plain, common Commonwealth. Let our elections be sense integrity of the agricultural portion free and equal, so that no party trammel, of our voting population. And, sir, in no leader dictation can interfere with the the proportion that you obstruct their ex- elector exercising his free voice, and when cise of the franchise, in proportion that we have done this we will have done all you multiply the difficulties of their ac- that a happy and free people can require ces- to the ballot-box, so you decrease an at our hands. honest, fair expression of sentiment from Mr. BAER. Mr. Chairman: At this that portion of the community. I observe point, if it is in order, I will withdraw my not only is a man required to write his name amendment and substitute the following: 726 DEBATES OF THE "All elections of the citizens shall be by it differs from the section in the present ballot, and no ballot shall contain the Constitution. "All elections shall be by name or names of candidates for more than ballot" are the words in the Constitution one office. Persons acting in a representS- under which we now live. But "all elective capacity shall vote viva voce." tions" is not specific. I propose to make The CHA.IRMAN: The question is upon it read, "all elections by the people," that the amendment of the gentleman from is, in their popular capacity, and not in Somerset (Mr. Baer.) their representative capacity, in the legisMr. WHERRY. Mr. Chairman: I do not lative or other representative bodies, nor know that I have any material objection in their judiciary capacity as in boards of to make against the main body of the directors, or trustees of any organization. amendment offered by the gentleman That is all the change I propose. Then' I from Somerset, (Mr. Baer,) but I do obj ect would leave it to the Legislature to specto hitching on that last clause, and for the ify in what particular manner the ballot reason that I have been informed that the shall be cast. Committee on Suffrage and Elections has a I know there are difficulties in the wa';y section covering the same ground, under of obtaining pure elections, under thle consideration, and will, without a doubt, present method of balloting. I do not report thereupon. I object to the report suppose we have reached perfection in the as it comes from the committee, and the method of balloting in this country yet. objection partly lies against the amend- but if we fix this thing in this Constitution ment offered by the gentleman from Som- we mlay put upon ourselves an iron band,. erset (Mr. Baer.) It is legislative in its To tieourselves downtothe modeof ballot — character; it is beneath the dignity of a ing provided in this report, we might find. Constitutional Convention to enter into in the long run, that it would prove a such minutia as are set forth in this re- worse evil than the evil for which it proport. Let the Convention stop for a mo- poses to be a remedy. In my mind there mrent and consider where this may end. is no objection at all to leaving to the LegI was surprised to discover that the partial islature to determine, from year to year" report of this committee, which is now be- as our experience and knowledge of affore the Convention, is more than four fairs may increase, to change, from year times as long already as the whole Consti- to year, the particular manner in whichk tutional provision upon the same subject these ballots shall be cast. in the Constitution'of 1587-8. Now, I sub- Mr. WVOODWARD. Mr. Chairmanl: mit, that if this great extension of Consti- have not heard all of the discussion uponI tutional limitations and enactments, is to this subject, but I have heard enough to proceed in this same ratio, we will have excite solie alarm. From the character quite a large volume of the Constitution of the remarks that I have heard, and of Pennsylvania. But I object to this re- from the sources from which they have port of the committee mainly because it is come, I am inclined to think that this repurely experimental. Itproposestohave port of the Committee on Sunffrage is in the people of Pennsylvania vote in a man- danger of being rejected. I have been in ner in which they have never voted be- the habit of thinking that the committee fore-in a manner in which no people in proposed a substantial and valuable rethe world ever voted. If the experiment form in the proposition to indicate the balsucceeds, very well. Suppose it fails. lot by number and by the name of the Suppcse it does not meet with the popu- elector. There is some verbiage in the lar demand. Supposeit isnotsatisfactory second line of this section which, I think, to the people of Pennsylvania. How are ought to be stricken out. It reads now in you going to remedy it? Are you going this way: " All elections of the citizens to call a new Constitutional Convention, shall be by ballot. The ballots voted may or submit a new proposition of amend- be open or secret, as the elector shall premnentrevoking this section? If ourwork fer, and they shall be numbered by the is to be worth anything at all it must have election officer when received." That althe value of permanency. I think this ternative,'open or secret," I think had Convention ought to hesitate a long while better be modified in somne form so as to before it adopts any provision which is make the ballot either open or secret. purely experimental. I am altogether opposed to the secret I now call the attention of the com- ballot, and I do not at all *agree with mittee to the language of the amendment the remarks of the gentleman from Indiwhich I have proposed, and show wherein ana (I'Mr. Harry White) upon that subject. CONSTITUTIONAL CONVENTION. 727 WVe have heard a great deal all our lives, be turned out if they do not vote in a and especially lately, about the dignity manner to please the steward, or the and importance of this right of suffrage, owner of the estate. The leases are all at and we shall hear more about it. We are will, and the tenant is dependant on the sometimes told that it is a natural right favor of the landlord or his steward. In which it is wicked to withhold froml any other w6rds, these tenants are just so body, even women and children. We many voters for the owners of the estate, are told that it is at the foundation of all and to them it is of some importance that oilr institutions; that it is the grandest they should have the secret ballot, in orright that man can exercise in this free der that they may vote as to represent republic; and now what does the gentle- their real feelings and opinions. Now nman from Indiana (Mr. Harry White) they have to vote for their landlords, bepropose? Thatthis grand, national, natu- cause, be it known to you, sir, that almost ral right shall be exercised by sneaking all the real estate in England, Scotland up to a window and inserting a secret bal- and Ireland. is owned by a few wealthy lot which nobody shall be able to identify, families, and most of the voters are tenand which, therefore, any manipulators of ants at will upon these estates, and the the ballot-box may falsify to any extent. viva voce vote there exposes these tenants That is our existing system, and he says to persecution and, perhaps, to loss of the people of Pennsylvania are very much their homes for voting according to the attached to that system, and that is the dictates of their own consciences. tenor of his amendment to leave the Con- The secret ballot then, in England, unstitution in this regard just as it stands, der the peculiar circumstances of that and to make the exercise of this great country, is valuable, but, sir, is there any and wonderful right, one of the meanest analogy in this Pennsylvania of ours? transactions in which a free man ever en- Not at all. We have no such dependant g'ages, and which subjects him to the tenants here. The gentleman alludes to power of the mischievous, unprincipled our large manufacturing and mining inscoundrels that now control the ballot-box terests, but let me tell him, if he does not of this country. Why, sir, the thing is already know, that the manufacturers and preposterous. If there be a leform needed the miners, and the laborers in iron, in anywhere in our Constitution, it is needed Pennsylvania, are the men that control here. the employers, instead of the employers INTow, the Committee on Suffrage have controlling the men. There is no such proposed a mode by which the ballot, supervision of that class of our citizens as when it is deposited, shall not be falsi- there is of the English tenantry, and the flied, shall be so arranged that it can be secret ballot is of no consequence to them, identified in a court of justice, or upon forI have never found, in the little elecany contested election. I consider that a tioneering that I have done-and what I reform, but not all that I desire. On the have done is done-I am not going to do contrary, sir, I believe that the true, any more-I have never found a more inmanly form of exercisingthisright of suf- dependent set of voters in my life than frage is by voting viva voce, as is practiced the miners of Pennsylvania, who had not in several States. You could not prevail an inch of land to call their own. "We upon the people of those States, in which controlled by our landlords and employit does obtain, to give it up for the secret ers! No, we control them," they tell us. ballot. It is the practice in England, and They will come up and vote an open ballot, thie gentleman from Indiana (Mr. tIarry like men. White) mlis-states the English example Thegentleman's(Mr.HarryWhite's)ilnentirely. They have not abolished viva aginationhasmisled hilm. Thereisno reasvoce voting in England as vet. I know it onforasecret ballot inPennsylvania, while is contemplated, and probably will be there may be good reason for it in Great done, for there are special reasons for the Britain. Now, if there is no good reason secret ballot there that do not exist in the for it, and we have found it productive of State of Pennsylvania, and I trust never the most outrageous abuses, why not give will. Under the reform bills, which have it up? Why not, at least, go so far as the been past within the last few years, all Committee on Suffrage proposes to go, in tenants now have the ballot, but those identifying the ballot that is deposited? I tenants are all watched by the steward or would go farther, and abolish the ballot niddle-man, and when they come to the altogether; and I would say, if a man polls and vote viva voce they are liable to has an opinion to express upon a public X;2>S DEBATES OF TIIE -que.s'iOnl, le.t hxln (tllno up an)d express it " aVe cannot conclude without express.(o)e'nly like a man. If this is a great ing a hope that your wisdonm mnay devise fundamental right,I am not ashamed to ex- some plan by which the rapid developpress it. If I am for A B for Governor mentof fraudin electionsmay be checked. instead of C D, I am not ashamed to go It is not too much to say that, in Philaup to the polls and declare my preference delphia, under the existing registry lawh-, fot A B, and I do not think it becomes the perpetration of these frauds has been anfy man-any American citizen-to sneak reduced to a science, and systematized to up and deposit a secret ballot for A B that degree, that the confidence of tihe lest somebody should object to it. I do people in the result of an appe.1 to the not think the people of Pennsylvania de- ballot-box is being undermined with sire any such thing. I do not think the dangerous rapidity. As the foundation:gentleman from Indiana ('Mr. Harry upon which all our institutions rest, this White) understands the people of Penn- confidence is so sacred a thing that it sylvania on this question. IIe has not should be guarded and fostered with the lived among them as long as I have. In most jealous care. Nothing can replace fact, I think he misrepresents them on this it as a preservative element. The acquiquestion. The people of Pennsylvania escence of a defeated party in the result; do not hesitate about expressing their of an election is the most decisive proof opinions. I know that when my friend, of our capacity for self-government, and Governor Curtin, and I ran for office, they the nmost precious result of centuries of did not hesitate to prefer him, [laughter,] training in constitutional liberty; but the in which I thought they were greatly mis- acquiescence can no longer be expected taken. [Renewed laughter.] I think when fraud is openly practiced and audathey would vote openly, sir, and just as ciously boasted of, and a real majority unhesitatingly as by the secret ballot. finds itself helpless to assert its rights If anybody would move a substitute for through the forms of the law. When that that amendment and forthe original report time comes, and redress seems hopeless, dispensing with the ballot altogether, I the end will not be far off, and it is the would vote for it. But I will not move it, part of wise statesmanship to calmly conbecause I do not know that anybody else sider all possible contingencies, and to dewould vote for it. I am in favor of sucha vise whatever measures may be best proposition. If that is unattainable, let us adapted to avert them. We do not preha;ve what the committee proposes. Let sume to offer suggestions. The subject is us have the open ballot under such cir- one requiring for its comprehensive treatcurnstances as shall destroy the occupa- ment, throughout the Commonwealth, a tion of the ballot-box stuffer, and the bal- knowledge of details as to other localities lot falsifier. Let us have an honest and which we do not possess. We can only fair election. say that it seems to us the remedy lies in Why, Mr. Chairman, is there not need the direction of limiting, as far as practiof it? A few days ago, when confined to cable, the size of election divisions, and my chamber, and knew nothing about giving the fullest opportunities for scrutithe proceedings of this body, except what nizing votes as they are polled." I read in the newspapers, I was shocked IMr. Chairman: There is nothing slight tro read that my venerable friend, who about these irregularities. They are a sits in front of me, (M-r. Knight,) and for gross scandal upon the civilization of the whose opinions 1 have a great respect, has age in which we live. It is the duty of stated to this Convention that there had this Convention to do its best to reformn been some n" slight irregularities" in Phil- them. I believe that viva voce voting adelphia, in the matter of voting, but no would do more to take away these frauds considerable complaint-no considerable from our elections than anything else; wrong. "Slight irregularities" were t:e but if I cannot get that. I am in favor of words he was reported to have used. that which the committee proposes. Now, what does a body of very respect- Let tme say to my friend from Fayvette, able citizens of Philadelphia think of (Mr. Kaine,) that if he or any other genthese "slight irregularities?" We have a tleman thinks that requiring separate reform association here, composed of re- ballots is going to contribute to hones"; spectable citizens, who tell from time to and fair elections, he and they are mistime, about their " slight irregularities," taken. In the county of Luzerne I have and we have a document of theirs upon seen a bundle of tickets with which eight, our file in which they say: nine, or ten candidates were to be voted CONSTITUTIONAL CONVENTION. 729 for. These tickets were cut up, separated sir, instance after instance, where first and arranged, tied around with a string, one forme of fraud was perpetrated, and and distributed over the county, through when that was discovered and exposed, the different election precincts. A man then another form of fraud was devised who wants to be elected to office goes and perpetrated, and when that, in its around and takes a ticket out of that bun- turn, was unearthed, a third form was dle and puts his own ticket in instead. invented to take its place, and so it went In hundreds of instances I could tell you on one after another, as each was succesof Representatives, and Senators, and sively exposed to the light of day, some Congressmen who were elected by just new scheme took its place, by which the that trick, when, if you called the voters fraud might be committed, and all beinto court and swore them, they would cause the present Constitution, by its retell you, under oath, by the hundred, that quirements, covered it as with a pall. they had not voted for that man, but for The first system that I recollect was one his opponent. They voted a bundle of of adding a number of names to the pol tickets they thought was an honest bun- list, and putting a corresponding number die. They did not know that from the of tickets into the box. It was shown in very middle of that bundle one ticket had the investigation of a contested -election. been abstracted and another placed there case arising in the old county of Philadelinstead. phia, the district of Kensington, that A I have never seen so fiuitful a source of and B s ent to the polls together and voted fraud as these separate voting tickets. I within a minute of each ether, and upon believe that the voting of all the candi- examining the list of voters of that clay dates, upon a single ticket, is very much and poll, A's name was found at the foot better than the voting upon separate tick- of one page, and B's name was found at ets for the several candidates. Blut, sir, the top of the fourth page thereafter, and whether the ballot be for a single candi- with ninety-nine names intervening. date or contain all the candidates to be Yet for every name on that list there was elected, if it be identified as the commit- a ticket in the box, and they had beent tee propose to identify it, you go that far counted and returned. That was in towards protecting the ballot-box from the third ward, Kensington. The salme the practices that now prostitute and thing occurred, I believe in the district abuse it. W~hat would be, in my judg- of Penn, and in the Second ward, Moya_ Ient, an improvement upon the report of mensing. Up to that time it had been the committee would be to substitute viva denied that a legal voter would be alvoce voting for the ballot altogether. Now lowed, under the Constitution, to testify sir, I believe I have expressed all the for whom he voted, but the court said thoughts I have to express on this sub- that while he could not be compelled to ject. I sincerely hope the committee of disclose the fact, he should have the privithe whole will not reject the work of the lege of waiving his right to secrecy if h1e Committee on Suffrage for the amend- choose. And under that privilege, and ment that is now proposed and is pending. at a vast expense, and the consumption of Mr. SIMPSON. Mr. Chairman: I heart- a great deal of time the right was made ily concur in the words spoken by my col- right, and the wrong was rebuked. league from Philadelphia (Mr. Wood- I have seen ballot-boxes opened and ward.) tickets presented to the light of day that I desire to call the attention of the Con- had not a fold upon them; they were just vention to the fact, that if we desire to ap- as they had been cut from the sheets, as ply the knife to root of the evil, if we de- they were taken from the press. How did sire to cauterize the sore of the body poli- they get there? By some man inside the tic, to prevent its extension or recurrence, window substituting them for those cast we will have to adopt either the report of by the legal voters of the district. It will committee or substitute viva voce voting. not do for the gentlemen of this ConvenAs many of the members of this Con- tion to say: "Oh, these contested election vention are aware, I have had, I suppose, cases arise only in the city of Philadelas much experience in contested election phia, and we must not incorporate into cases as any man in this Commonwealth, the Constitution something intended and there is no evil, I believe, that has merely to regulate your city affairts. " They been perpetrated at the polls,that it has not go higher than that. Gentleman may call been my duty, at some time, to expose to to mind that within four years the vote the gaze of the public. I can call to mind, of this city has determined who should be 730 DEBATES OF THE Gorernlor of this Commonwealth, and it yond peradventure, when the investigahas within the last twelve or fourteen tion becomes necessary, who has really years, frequently determined the political been elected by the people. complexion of the Legislature of Penn- Gentlemen say they are afraid that this sylvania in both its branches and thus be- will do away with the secrecy of the balcomies a matter affecting the State as well lot. It does not. Something, of course, as the city. must be left to legislation, and it is preI favor the report of the Committee on sumed the Legislature will impose the Suffrage, as it came from that committee. seal of secrecy upon election officers whose'We want to get at the facts so that when duty it will be to count these tickets. The it is proved that a man who has cast his same provision is made in regard to teleballot at the poll, is a fraudulent voter, graph operators and mail agents, and you may open the box and take out that can be made to apply to election officers, very ballot that he cast and identify for so that their lips shall be closed in sewhom it was cast; and not have repeated crecy, unless in cases where judicial inas; I. was told was done in a case where I vestigations may be held. 1f an elector rwas counsel, where a man came forward prefers to vote an open or secret ticket he -aad sworn to having voted in the interest can do so under the provisions of the secof one candidate and one party, when, in tion as it is reported by the committee, fact, they had voted for another. but under the present law he cannot vote I can say something in corroboration of an open ticket. The ticket will be rewhlat the gentleman (Mr. Woodward) jected by the election officers. I am well;aid a moment ago about people coming persuaded this provision will afford an into court and swearing that they had effectual check to the perpetration of any voted for a certain man, when they had fraud upon the part of the election officers lot. I was once trying a contested elec- in falsifying returns, because the name of tioon case in the select council, from the the voter, written on the back of the baldSecond ward of this city. My friend who lot, guarantees detection at once, or if sits by me on the left (Mr. Cassidy) perpetrated renders their detection cornbrought a man up to swear that he voted paratively easy, and thus vindicating the for the contestant in a particular precinct right of the people to govern. In regard of that ward. A gentleman sitting at my to the question of voting on separate tickside, at the moment, said to me: "That ets, I must say that I am opposed to the man has not told the truth, for I gave system. The gentleman front Philadelhim a ticket with the name of the other phia (Mr. WVoodward) spoke of their hay-candidate upon it, and I saw him vote ing avoided corruption. Why, I recolthat very ticket." Twenty persons at lect, not many years ago, when I was an the least testified that they, too, had voted election officer, that there were seventeen fbr a certain candidate when, in point of different sets of ballots to receive and disfact, they had voted for a different candi- tribute, the contents of seventeen different dlate altogether. boxes to count after the close of the polls, Could you, in such cases, have taken and there were seventeen different sets of the ballot-box and taken out each man's returns to be made out of the result of the ticket, recognizing it by the number put election. We were nearly a day counting lapon it by the election officer, and found the tickets and making out the returns. the name of the voter upon it, written I have learned, from all the experience I either by himself or by somebody else have had, that the single ticket system is for hinm, and in such case properly attest- the best that has ever been tried. If it is ed, you could have ascertained the exact said that it does not afford an opportunity truth, whether the vote cast was legal, to the voter to alter his ticket, I answer "and if legal, whether it had been properly that is a mistake, that though there are returned, and whether or not that man, in many who run with the party machine, swearing as he did, had told truth or not. and vote their ticket unscratched, for Upon this point turns the whole of our my own part I have never hesitated, republican institutions, and if, under the either when acting as an election officerl present Constitution, these frauds may or as a private citizen, to announce my inbe perpetrated without the possibility of tention of not voting for a man whonl I discovering the guilty, or ascertaining for could not conscientiously support. I whom these illegal votes are cast, it is never cared who he was or where he our duty to put into the organic law of came from. I have no hesitation in th#is State something that will secure be- avowing that I am a political aspirant, CONSTITUTI(ON AL CONVENTION. 73 1 but I will never consent to be bound and then forwarded the returns in a perdown to vote for a man I cannot consci- fectly legal form. cuntiously support, though it may even Many thousands of citizens in this city, keep me from entering public life. I will at- every election, when they put their not sacrifice my manhood for public posi- tickets into the window do not know, tion or place. I trust the committee will and greatly doubt, whether they will be vote down the proposed amendment, and counted and returned by the election ofiadopt the report as it came from the com- cers. The Convention must adopt some inittee. plan to amend this condition of things. Mr. BUCtKALEW. Mir. Chairman: I in- I think it will be, at least, some check or tend to be absent to-morrow and until advantage if the honest voters of an elecMNtonday, and for that reason rise now to tion precinct can go to the polls and openly speak, although weare close upon the hour announce how they are voting. It will of adjournment. I hope, sir, that the re- prevent the election officers from cheatport of the Committee on Suffrage, not- ing, at least during particular hours of withstanding the indisposition manifested the day, if not during the entire day. I this morning to accept it, will be ulti- can see no objection to this, and it will mately accepted so far, at least, as to per- afford the people some protection against mlit the electors of this Commonwealth to the fraudulent manipulation or destrucvote tickets with their names written tion of their votes. In the next place, the upon them. In Committee on Suffrage I tickets are to be numbered by the elecvoted for the whole of this division or tion officers; that is, when a vote is resection of the report, except the compul- ceived to be put in the box, the number sion upon voters to write their names which the voter's name bears on the upon their tickets, and since that corn- tally list is to be put upon the ticket. The illittee acted I have found my mind in- result of this will be: That when illegal clining more and more towards the ac- votes are found in the boxes they can be ccptance of even this feature of compul- distinguished from good ones and rejected. sion. At all events I hope the Conven- As the law stands now, it is, in manry tioll, before this subject shall be disposed cases, impossible to rectify illegal voting. of, either now or before second reading, In many recent cases of contested elections will in some form accept the three points in this city, it has been proved beyond all which are covered by the section. The doubt, that votes had been deposited first point is, the discretion vested in the by repeaters; but, of course, the tickets voter himself to vote an open or a secret themselves indicated nothing upon their ticket. I understand now that the elec- face as to the persons who cast them, and tion boards, in some cases, permit voters it was not possible to prove otherwise to vote open tickets; in other cases it is what the repeaters' votes were. What held to be in violation of the Constitution then is the consequence in such cases,? and laws of the State. I would make WVhy the courts of the State and election tihis privilege one of equal, common right. committees at Washington and at HarrisIn this connection I will refer to a case burg, because they are unable to separate rllich happened about a year since in the the good votes from the bad ones, cast Nrineteenth or Twentieth ward of this city. aside whole electoral divisions and sweep In a particular hour, say between twelve away even honest votes given by the peoand one o'clock, three election officers, a pie. It is then evident that there must be window inspector, and a return inspector some m-eans established by which the illeand his clerk, voted for a particular can- gal votes can be distinguished, and by didate, and nine citizens put in tickets for which the poll can be "purged," as the law the same candidate through the window, expresses it. There must be some plan by and yet for that hour not one vote was re- which the legal votes can be retained and turned for that candidate. The whole the illegalones rejected. Iam, therefore, vote for the hour was counted to the op- in favor of having these ballots numbered, posing candidate, nlaking a change of no and especially because it will avoid all less than twenty-four votes as between the excitement and disturbance of the althe two candidates who were contestants ternative proposition of viva voce voting. for popular favor. In short, the majority The advantages of the present plan of of the election board cheated their own secret voting would be retained and quiet colleagues out of their votes before their and good order would be preserved. It own eyes in the room, and also nine other would rarely happen that the election officitizens who voted through the window, cers would divulge for whom any person 732 DEBATES OF THE voted; and if desired that they should be complished in part, by permitting the bound to secrecy, a provision could be name to be written. made by which they would be placed in [The hour of two o'clock having arrived, the same category as certain federal offi- iMr. Buckalew was about taking his seat cers and telegraph operators, who are to enable the committee to rise, preparaprohibited from divulging the secrets in- tory to adjournment, when upon a general trusted to them in their business. If an call to proceed and by common consent, election officer violated the secrecy irm- he continued, as follows:] posed upon him, and divulged the vote Mr. Chairman: I do not desire, at this of any elector, he might be made liable late hour, to go over the whole of the arto a prosecution, or to a qui tam action, gument. There ale many things which by the party aggrieved. can be said in favor of this section, and The last requisite placed in this section which I presume will be said by my c)lis that tie voter shall write his name, or leagues on the Committee on Suffrage. II cause it to be written, upon his ticket. have agreed entirely with the committee The section says, " by an elector of the upon every point, with the single excepdistrict." I would make the section read: tion to which I have referred. There re" by any citizen of the district." It might mains only a single topic to which I debe written by his wife, or son, or by any sire to refer before closing, and that is the competent person at hand, not an elec- secret ballot. As long as elections are tion officer. What will be the effect of conducted as now, in this and other this clause? There are three forms of States, I think the secret ballot to be a election frauds which this provision would necessity, to a certain extent, because the strike at with force. In the first place it principle of gambling enters more or less would almost entirely stop repeating. If into the system. I do not willingly nse the name of the person who deposits the this terml; it is extorted from nme by the ballot is written upon it, the election facts. Why, we have ordinarily two poofficers will know perfectly well that, litical parties who play against each othwhen the ballots are brought forward, the er, the stakes are the public offices, and name as well as the number will detect the winner sweeps the board. teneue, the person who deposited it. Upon prov- what is important in popular elections, oring personation, all the false votes dis- dinarily, is the obtainment of the balance covered will be struck front the return. of power, the impressionable, or corruptThere would be but little motive to re- ible vote of the State, or community in ceive such votes when there would be a which the election is held. certainty of detection. The party that obtains the corruptible The endorsement of names would also vote sweeps the board in the great game check ballot-box stuffing and the mlaking of politics, and so long as the system is of false returns. If the election officers permitted to remain unchangecl it wvili knew that the ballot-boxes, deposited in produce its degrading and detestable safe custody and subject to the orders of fruits. I conceive that nothing can ever courts, would certainly detect tampering reach the foundation of this great evil nunwith tickets and false returns, they would til the voters of the State are emancipated not tamper with tickets and report false from unjust restraint in popular elections, counts of votes polled. So that as far as and each division of them permitted to these grand divisions of election frauds obtain that measure of power which beare concerned the nane ofthe.elector writ- longs to them by their own votes. The ten on the ballot will be a most valuable possibility of changing the results of eleesecurity. The only adequate checks pro- tions, by the purchase of a few base men1l, vided against frauds upon the part of the must be taken away before an effectual election officers are afforded by this sec- remedy can be secured. But until the tion. The open numbering of the tickets present system shall be amended in this when deposited, and the writing of the particular the secret ballot must be rename of the voter upon the ballot before, tained, because the great political parties places a check upon the election officer, will gamble with each other, and their and prevents his subsequent violation of work must be done, to a certain extent, the law and frustration of the voice of the in secret. It must be somewhat hidden people. If the Convention shall deter- and disguised, not pursued openly in the mine not to compel the name of the voter face of day. I am content, therefore, to to be written on the ballot, I hope the ob- retain secret voting in our system of elecject we have in view will be at least ac- tions, at least until that system can be sub CONSTITUTIONAL CONVENTION. 733 staaitiallv and fundamentally changed, dent pro enem., Mr. Walker, resumed tile because, in my judgment, it affords sonle chair. protection to the humbler classes of so- Mr. LAnWRENCE, chairman of the conlciety. It shields them, to a certain ex- rmittee of the whole, reported progress, tent, from the grasp of power, and ren- and asked leave for the committee to sit dcers them more independent than they again, which was granted, and to-morrow wrould otherwise be. Many a man would was named as the time. be coerced or otherwise improperly influenced if secret voting were now wholly THE EASTERN PENITENTIARY. $abtE0olishe~d. Mr. HANNA. I ask leave to present an I do not agree with the gentlemnan froml invitation from the Board of Inspectors of:Philadelphia, (Mr. Woodward,) who last the Eastern Penitentiary of Pennsylvania,ddressed the Convention on this side the for the members o the Convention to visit }iall. in regard to viva voce voting. I thillk that institution. that there are evils in its exercise to which Leave was granted, and the invitation his attention has not been directed, and a that the abolition of the ballot at present, as our elections are constituted, would be Mr. CowsoN. I move the invitation he productive of mischief to an extent of accepted vith the thanks of the Convce-whlich lIe has no adequate conception. tion. Mr. HAY. I mlove that the conmmittee The motion was agreed to. rise, report progress and ask leave to sit Mr. }WItEPltRY. I move the Convention agcain. do now adjourn. The motion was agreed to. The motion was agreed to. IN CONVENTION. The Convention therevupon, at two b% 7Thet committee then rose, and tle Presi- o'clock P. M., adjourned. 734 DEBATES OF THE FORTY-THIRD DAY. FRIDAY, Februoary 14, 1873. he shall, in signing the bill, designate The Convention met at eleven, A..M. the appropriations disapproved and shall Prayer was offered by Rev. Jas. WV. return the copy of such appropriations, Curry. with his objections, to the House in which JOURNATL. the bill shall have originated, and the same proceedings shall then be had as in The Journal of yesterday's proceedings case of other bills disapproved by the was read and approved. Governor. PROHIBITION. Mr. MOTT offered the following resoluA[r. TURRELL presented a petition from tion, which was read and referred to certain citizens of Susquehanna county, the Committee on Agriculture, Mining, asking for the insertion of a clause in the Manufactures and Cormerce: Constitution prohibiting the manufacture Resolved, That the Committee on Agriand sale of intoxicating liquors, which Com was referred to the Committee on Legis. cnlture, Mining, Manufactures and Con]ation.' lation. nmerce be requested to take into consideration the propriety of reporting a section LEAVE OF ABSENCE. prohibiting any incorporated company Mr. LAMBERTON asked and obtained organized for mining purposes, or posleave of absence for Mr. Funck, for a few sessing mining privileges, from holding, days from to-morrow. owning, or possessing the soil or surface Mr. COLLINS asked and obtained leave right of more than one thousand acres of of absence for Mr. Joseph Baily, for a land at any one time, exclusive of land f'ew days. held for right of way for railroad purMr. COCHRAN asked and obtained poses by due appropriation of law. leave of absence for Mr. Baer, for a few ADJOURNMENT. days. Mr. CHAS. A. BLACK asked and ob- Ar. BOWMAN offered the following tained leave of absence for Mr. Ewing. resolution which was read: AMr. COCHRAN asked and obtained leave Resolved, That when this Convention of absence for himself, for a few days. adjourns to-day it will be to meet at ten Mr. BROWN asked and obtained leave o'clock A. M. on Monday next. of absence for Mir. S. A. Proviance. The question being, shall the ConvenMr. WM. H. SMITHi asked and obtained tion proceed to the second reading and leave of absence for Mr. Stewart, for a consideration of the resolution, the yeas few days from to-day. and nays were required by Mr. Hay and SMr. -ILLY asked and obtained leave of Mr. Lawrence, and were as follow, viz: absence for Mr. John M. Bailey, for a few days. YEAS. days. Mr. LILLY. NMr. President: I would Messrs. Addicks, Ainey, Baer, Bailey, ask leave of absence for the balance of (Huntingdon,) Bannan, Barclay, Barthe Convention, for to-morrow. tholomew, Beebe, Black, Charles A., Bowman, Brodhead, Broomall, Corsol, Curtin, Dunning, Elliott, Ellis, Ewing, Mr. NEWLIN offered the following, Fell, Funck, Hanna, Harvey, Hemphill, which was read and referred to the Corn- Lilly, M'Camant, Mann, Metzger, Newinittee on the Executive: lin, Niles, Palmer, G. W., Parsons, Rooke, The Governor may approve any appro- Runk, Sharpe, Simpson, Stanton, Struthpriation, or disapprove any other appro- ersj Temple, WTalker, Wetherill, J. AM., priation, in the same bill. In such case Wherry, White, Harry and Worrell-43. CONSTITUTIONAL CONVENTION. T75 NA Y S. the yeas and nays were required by Mr..Messrs. Acllhenbach,Alricks,Baily,(Per- Hopkins and Mr. E3dwards, and were as ry,) Boyd, Brown, Carter, Clark, Collins, follow, viz: Corbett,Craig, Cronmiller, Darlington,De- Y E A S. France, Edwards, Guthrie, Hay, Haz- Messrs. Addicks, Ainey, Baer, Baizard, Hopkins, Horton, Howard, Kaine, Iey, (Huntingdon,) Baker, Bannan, BarLamnberton, Landis, Lawrence, M'Allis- clay, Bartholomew, Biddle, lowlnan, ter, M'Clean, MacConnell, M'Culloch, Brodheai, Broomall, Brown, Cochran, MacVeaglh, BIantor, RMott, Patterson, T. Corson, Curtin, Dunning Elliott, Ellis, F. B., Patton, Porter, Reynolds, Jamnes Ewing, Funck, Harver, HerphilI L., Russell, Smith, H. G., Smith, W. H. Knight, Lilly, M'Camant, MaI;nn, MetzTurrell, Wetherill, John Price, White, ger, Niles, Parsons, Patton, Reed, John David N., and White, J. W. F.-42. H., Runk, Simpson, Stanton, Struthers, So the resolution xwas again read. ~Walker, Wetherill, J. M., Wherry and ABSENT OR NOT VOTING. - Messrs Hrry41. Andrews, Armstrong, Baker, Bardsley, N.YS Biddle, Black, J. S., Buckalew, Camnpbell, Carey, Cassidy, Church, Cochran, Curry, Cuyler, Dallas, Danvis, nDiurnrlick, Dodd, (Perry,) Beebe, Boyd, Campbell, Carter. ~FIinney, IFulton, Gibson, Gilpin,. Gowen, Collins, Corbett, Craig, Cornmiller, DarHall, Heverin, Hunsicker, Knight, Lear, lington, DeFrance, Edwards, Fell, GilLittleton, Long, AI'Murrv, Nlinor, Pall- pin, Guthrie, Hay, Hazzard, Hopkins, er, H. W., Patterson, D. W., Pughe, Pur- Horton, Howard, aine, Lamberton, Tanman, Purviance, John N., Purviance, dis, Lawrence, M'Allister, M'Clean, Mac Samnuel, A., Read, John R., Reed, An- Connell, I'Culloch, MacVeagh, Alanter. drew, Reynolds, S. H., Ross, Smith, Mlinor, Mott, Newlin, Patterson, T. H. B., Henry W., Stewart, Van Reed, Wood- Porter, Reynolds, James L., Russell, ward, WSright and Meredith, President Sharpe, Smith, H. G. Smith, W. H.. -48. Temple, Turrell, Wetherill, Jno. Price, Mr. NEWLIN. Mr. President: I move White, David N., White, J. W. F. ani to strike out " ten," and insert "eleven." and Worrell-48. Mr. BOWMAN. Mr. President: I would So the resolution was rejected. say to the gentleman - ABSENT OR NOT VOTING.-Messrs. AnMr. LILLY. Mr. President: I rise to a drews, Arlrstrong, Bardsley, Black, point of order. This resolution is not de- Charles A., Black, J. S., Buckalew; batable, according to a rule adopted last Carey, Cassidy, Church, Clark, Curry, week. Cuyler, Dallas, Davis, Dimmick, Dodd, Mr. BOWMAN. Mr. President: I am Finney, Fulton, Gibson, Gowen, Hall, not going to debate it. "Sufficient unto Hanna, Heverin, Hunsicker, Lear, Litthe day is the evil thereof." I merely tletot, Long, M'Murral, Paller,. intended to say that if the gentleman Palmer, H. W, H Patterson, D. W., Pughe, from Philadelphia (Mr. Newlin) had been Purman, Purviance, John N., Purviance. in his seat yesterday, he would have as- Samuel A., Reed, Andrew, Reynolds, S. certained that the Convention determined H., Rooke, Ross, SIith, Henry AV., that on and after Monday next it would Stewart, Van Reed, Woodward, Wright open its sessions at ten o'clock. and Meredith, President —49. Mr. NEWLIN. Mr. President: Let ime TIE FRANKLIN REFORMIATORY HOKIV. inform the gentlemran that I was in,imy The PRESIDENT pro tem. laid before thie seat in this Convention all day yesterday, Convention an invitation fromn the direrand voted upon that particular resolution, tors of the Franklin Reformatory Home and it is exactly the result of that Vote for Inebriates, requesting the attendance that I arn anxious to get rid of. of the members at the annual celebration The question being upon the arnend- to be held at the Academy of Music. ment offered by Mr. Newlin, it was re- RESIGNATION OF fION. SAMUEL E. DaILjected. MICK. The question then recurring upon the MIr. MAC'VEAcH. I rise, Mr. Presiresolution, as offered by Mr. Bowman, dent, to present the resignation, as a mel 736 DEBATES OF THE' ber of this Convention, of the Hon. Sam- press the sentiments of the committee of uel E. Dimmick, the present Attorney which I have the honor to be a mnember. General of the State. When it is read, it Mr. Dirnmick has been present during will be observed by the Convention that the deliberations of the committee, and it bears date of the 22d of January last. I has discharged his duty as faithfully as trust I may be permitted to state that it the duties of his official position permitwas written on that day, and has been in ted. I do not believe the mere fact, that my possession ever since. It was not the gentleman occupies a distinguished sooner presented to the Convention be- position as the Attorney General of this cause of the deference Mr. Dimmick en- State, disqualifies him entirely from distertainwd towards many distinguished charging the duties incumbent upon a members of this body, who differed from member of this Convention. In expresshim upon the matter of his resignation, ing these sentiments, I think I give utterand especially towards the Committee on ance to the views of every member of the Legislation, of which he was a member. Committee on Legislation. I hope, thereI ought to say, after fully considering all fore, the Convention will not acquiesce in the reasons that were presented to him, the request of Mr. Dimmick, which I beMr. Dimmick retains the opinion he first lieve is actuated only by a sense of honor, formed, that he ought to resign his posi- but that the resignation will be laid on tion as a member of the Convention, and the table, and a resolution passed requestthlat from the beginning I have concurred ing Mr. Dimnmick to withdraw his resigin his judgmnent. I have made these re- nation, and to participate in the deliberamarks simply to explain the seeming dis- tions of the Convention as often as he can crepancy in the date of the resignation. I consistently with the discharge of his trust, therefore, it will be unanimously other public duties. accepted. Mr. TURRELL. Mr. President: I call The PRESIDEET pro temrn. The resigna- for the reading of the letter of resignation, tion will be read. as Iapprehend it may contain the views The CLERK read, as follows: of Mr. Dimmick upon this question. PHITLADELPHIA, January 22, 1873. The PRESIDENT pro tem. The Clerk Hon. WM. M, MEREDITH, will read the letter of resignation. President Constitutional Convention: The e f The resignation of Mr. Dinimick was SIR: Permit me, through you, to tender aain to the Constitutional Convention my re- Mr. TURRELL. Mr.President: Idesire signation as a nmemnber thereof. to say, that I have been informed that I have the honor to be, Mr. Dimmick has expressed the opinion, Very respectfully, that he cannot legally discharge the duYour obed't serv't, ties of an officer of this Commonwealth SAM-\IUEL E. DIMMICK. and a member of the Convention at the Mr. MANTOR. I move to lay the re- same time, and that it was with this view signation on the table. he has forwarded his letter of resignation. Mr. AINEY. Mlr. Pesident: I mnove I asked for the reading of the letter, thinkto amend the motion, by-accepting the ing it might probably contain some exresignation and referring the subject of pression of opinion in regard to the subfilling the vacancy to the delegates se- ject. I find, however, that it does not. lected at large, on the same ticket with Mr. DARLINGTON. Mr. President: I Mr. Dimmick. have only to say that I disagree entirely Mr. MANTOR. I accept the modifica- with the gentlemen from Philadelphia tion. (Mr. John R. Read) that Mr. Dimmicli Mr. JOHiN R. READ. Mr. President: should be requested to withdraw his As the gentleman accepts the modifica- resignation and to attend to his duties in tion, I desire to renew the motion to lay the Convention and at the same time be the resignation on the table. In making expected to discharge the duties of Atthis motion, I propose, if it is adopted, to torney General. I think this is a question introduce a resolution, requesting Mr. which Mr. Dimmick is better capable of Dimmick to withdraw his resignation, deciding than the Convention. I do not and I think I can safely say, that I ex- think, if I may be allowed to indulge CONSTITUTIONAL CONVENTION. 737 the suggestion, that the members of the and that it will be unanimously accepted. Convention are of the opinion that any The subject of filling the vacancy can man, however exalted his talents may be, then be referred to the fourteen delegates can discharge the duties of two offices at at large first named in the Governor's the same time. proclamation convening the Convention. IMr. NILES. Mr. President: I desire to Mr. PATTON. Mr. President: I will say to the Convention that I saw Mr. simply state that I am in favor of acceptDinlmick yesterday at Harrisburg and he ing the resignation of Mr. Dimmick, if he informed nime precisely what has been is in earnest about the matter, of which I stated here-that he had written his have no doubt he is. resignation some time since and that it Mr. KAINE.'Mr. President: I am somehad been in the hands of the gentleman what surprised at the question which has from Dauphin (Mr. Mac Veaghh.) He been raised here as to the ability or want stated he had fully considered the ques- of ability upon the part of a member tion, and, while he thanked the mem- of this Convention to resign. Certainly, bers of the Convention for the honor they this Convention has no control of that. proposed to confer upon him, his own It is entirely a matter with the delegate sense of duty precluded him, under any himself. When a man becomes a member circumstances, fromn serving as a member of this Convention, after he has been of the Convention. elected and sworn as a member of this Mr. C. A. BLacK. Mr. President: I body, he does not become bound, any suppose when a Irember of this Conven- further than to discharge his duties as a tion resigns it becomes a question for member of the Convention, with fidelity, himself alone to decide. I cannot see and he may, I apprehend, at any moment how the Convention can interfere with he chooses, surrender the position he holds the wishes of any person in the matter, to the people of the State, the government or compel any one to remain as a member or this Convention. I think all a mernafter he has formally tendered his resig- ber has to do is to make his resignation nation. in writing and let it be presented to this Mr. MAC VEAGH. Mr. President: I body and laid on our table, and I think only desire to add in connection with imy the connection between the Convention previous remarks that the view taken by and himself is at an end. He is a free the Attorney General and by other gen- man. tlemen in the Convention is this: The By the act of Assembly under which present Attorney General was elected a this Convention is called, provision is member of the Convention when he held made for filling all vacancies which mav no other office whatever. Subsequent to occurwithinthisbody. Itdoesnotsayby his election and afcer his entrance upon death, resignation or otherwise; but, of his duties as a member of the Convention, course, it means that. I holdthatnovote though at the time he was elected the is necessary to allow a resignation to take people did not contemplate his accep- effect, although I amr perfectly willing, tance of their office, he has felt it his duty for one, to give the unanimous consent of to accept the position of Attorney General this Convention to accept the resignation of the State. In view of this fact, Mr. of the gentlem-lan from Wayne, (Mr. DimDimimick feels of course that he ought mick,) but I insist that no vote upon that to resign the office to which lie was question isnecessary. Theresignation of elected, and that his acceptance of the the gentleman fiom Wayne, presented by office of Attorney General is to some ex- the gentleman from Dauphin, (Mr. Mac tent incompatible with the discharge of Veagh,) severs his connection with this his duties as a nmember of the Convention. body and he is a free man now, and there Inasmuch as he has taken nearly three is a vacancy in this Convention to be weeks to consider the entire matter and filled. still adheres to his opinion after listening Mr. CORBETT. Mr. President: My reto the suggestions of eminent and dis- collection of the proceedings of this Continguished members of the Convention, I vention at Harrisburg, is that this verv trust that the motion to lay the resigna- question came before the Convention lion upon the table will be withdrawn there under the acceptance of one of the 47 738 DEBATES OF THE resignations there offered, and the Presi- will serve the people in the capacity of a dent of this body ruled that it was un- delegate in this body, notwithstanding necessary for the Convention to accept a this resignation which has been Qfiered resignation, that being a matter of right, here this morning. The people have a and that the only motion that was neces- right to his services. They delegated hini sary was to refer it to the proper delegation to represent them upon this floor, and, to fill the vacancy. That is my recollec- for one, I will not consent that thirteen tion of the decision of the chair then. of the delegates who were upon the same The PRESIDENT. The Chair would ticket with himself, shall step between state that if it was left to the Chair to de- the people and their representative to fill ride, his decision would be that a gentle- the place to which he was elected by the man has a right to resign, and his resig- people. The act of Assembly, under nation sent to the President would be which these gentlemen, who are his assofinal. But this has taken another course, elate on the ticket, were authorized to and the Chair will not interfere with that fill a vacancy, never contemplated any course. such process as this. It simply contemMr. COCH:RAN. Mr. President: I ask, plated vacancies which should occur from as a question of order, whether a motion death or something of that kind. It never contemplated that a gentleman to lay the question on the table is debata- ever contemplated that a gentleman elected by the entire people should withThe?PRESIDENT. The gentleman from draw from this body, and that thirteen other delegates should substitute some Potter (Mr. Mann) has the floor, and the other gentleman for him. Chair does not desire him to be interrupted at present. If the gentleman from York I trust this motion to lay on the table will renew his question of order when the will not prevail. gentleman from Potter concludes, the Mr. CORBETT. JMr. President: I;ise Chair will decide it. to a point of order, that the resignation is Mr. MANN. There is a motion now a matter of right. pending, as I understand it, to lay this The PRESIDENT. The question before motion on the table. I hope that motion the Convention is to lay the motion on will not be withdrawn. I do not know the table. how other delegates feel, but I tell the The motion was not agreed to. gentleman from Dauphin (Mr. Mac The PRESIDENT. The question is now Veagh) that there cannot be a unanimous on accepting the resignati n on accepting the resignation, and refervote to accept this resignation. For one, ring the vacancy to the thirteen other I do not propose to give any such vote my- delegates at large self, and for these reasons: The gentle- H r. i-o.. resident: I call man from Wayne (Kir. Dinitniclz) was Ir. HOPINS. Mr. President: tnan from Wayne (Mr. Dimnick) was for a division of the question, to separate elected by the entire people of Pennsylva- for a division of the question to separate nia to serve as their representative in this the acceptance from the reference. Convention. Now, there has been no The PRESIDENT. The question willbe suggestion made that the office which he so divided, and the question is on the has since accepted renders him at all dis- acceptance of the resignation. qualified to discharge the duties which Upon this a division was called, which have been imposed upon him. No gen- resulted sixty-seven in the affirmative tleman here undertakes to give any rea- and five in the negative. So the resignason why he cannot now discharge all the tion was accepted. duties which he took upon himself when The PRESIDENT. The question now is he accepted his seat in this body. The on referring the resignation to the deleoffice of Attorney General, instead of dis- gates at large. qualifying him, adds to his ability to serve Mr. TURRELL. Mr. President: In anthe people, and the people of Pennsylva- swer to the gentleman from Potter, (Mr. nia have a right to his services. And, Mann,) who opposes this reference, I wish MIr. President, I undertake to say here in to call the attention of the Convention to my seat in this Convention, that if the the act of Assembly which constituted this Convention will lay this resignation upon Convention, which makes provision for the table, that the gentleman front Wayne exactly that reference. CONSTITUTIONAL CONVENTION. 739 Mr. AINEY. AMr. President. The mo- seminary of learning; nor while kept in tion is to refer this resignation to the any poor house or other asylum; nor delegates elected at large upon the same while confined in any public prison. Proticket with Mr. Dimmick. vided, That when any student shall The PRESIDENT. That is the motion. have wholly abandoned his former resiThe motion was agreed to. denuce, he may acquire a new residence as CHANGE OF REFERENCE. any other citizen. M\r. NEWLIN. Mr. President: I of- THE PUBLIC LEDGER ALMANAC. fered this morning a resolution authoriz- Mr. ADDIcIKS. Mr. President: With ing the Executive to approve appropria- your permission I desire to present on tion bills in part, which I understood was the part of Mr. George W. Childs, proreferred to the Committee on the Execu- prietor of the Pulblic Ledger, one hundred tive. I understand that the subject mat- and fifty copies of his valuable Ledger ter embraced in that resolution has been Almanac for the use of the officers and considered in the Committee on Legisla- members of the House. tion. I therefore ask that it be referred Mr. DARLINGTON. Mr. President: I to that Committee. move that they are accepted with the The PRESIDENT. The Chair desires to thanks of the Convention. state that it has also been considered in Which was agreed to. the Committee to which it was referred, Mr. LANDIS. Mr. President: I would and a report was made out. I mentioned state, as chairman of the select committee that at the time, but I will refer it as de- appointed by the House to proceed to sired by the gentleman from Philadel- Harrisburg and represent this Convenphia. tion at the funeral ceremonies of GoverTHE CENTENNIAL. nor Geary, that the committee proceeded Mr. JNO. PRICE WETHERILL. Mr. to that city and were by a vote of the SenPresident: Are resolutions in order? ate requested to participate with them in observing the usual obsequies on such The PRESIDENT. They are not in order. o Mr. JNO. PRICE WETHERILL. Then I occasions. The committee having disask unanimous leave to introduce a reso- charged their duties and participated in lution, these ceremonies, with this brief verbal Unanimous consent was given, and Mr. report I request that the committee be WVetherill offered the following resolu- discharged I 3 Mr. BAKER. Mr. President: I move tion, which was twice read, and agreed to. that the cornmmittee be discharged with Resolved, That the use of this Hall be the thanks of the Convention. given; on Wednesday evening next, to The motion was agreed to. the Centennial Committee of citizens of Philadelphia, for the purpose of holding COMMITTEE OF THE WHOLE. a meeting with reference to the Centen- The Convention then resolved itself nial Exposition. into committee of the whole, Mr. Law REPORT FROMi THE COMMRITTEE ON SUF- rence in the chair. FRAGE., THE FORM OF BALLOT. Mr. MNI'ALLISTER. Mr. President: I The CHAIRMAN. The question before beg leave to present the third supple- the committee is the amendment to the mentary and partial report from the amendment offered by the gentleman Committee on Suffrage, Election and from Somerset, (Mr. Baer,) as modified Representation: by the gentleman from Fayette (Mr. For the purpose of voting, no person Kaine.) shall be deenied to have gained a resi- The amendments will be read. dence by reason of his presence, or lost it Mr. MAC VEAGfH. Mr. Chairman: by reason of his absence, while employed iMay I ask that the original section be in the service, either civil or military, of read? the State or United States; nor while en- The CHAIRMAN. That will be read,-aged in the navigation of the waters of also. the State or of the United States, or on the The CLERK. The section under con hirh seas; nor while a student of any sideration is: 740 DEBATES OF THE SECTION 2. All elections of the citizens against the pa:ty discipline of their reshall be by ballot. The ballots voted may spective parties. I would favor open be open or secret, ss the elector shall pre- voting, because secret voting is often used fer, and they shall be numbered by the as a cover for falsehood and dissimulaelection officers when received. Each tion; but as there are many persons who, elector shall write his name upon his from the force of habit, are partial to seballot or cause it to be written thereon, cret voting, I will make no captious opand attested for him by another elector position to its being left to their option to which shall not be an election officer. vote so; and in reply to the objection that It is proposed to amend, by striking this mode of voting virtually destroys seout that section and insert as follows: cret voting, I would say that no one canp SECTION 2. In all elections by the pee- tell how a person has voted who votes a ple the electors shall vote by ballot, in a closed ballot, except the officers of the manner prescribed by law. election, when they comne to counting the It is further proposed to amend, by votes, and, by enactment of the Legislastriking out the amendment and insert ture,those officers can be sworn to secrec v as follows: The committee recommend the limiraAll elections of the citizens shall be by tion of election districts to the number ballot, and no ballot shall contain the of 20C voters. This is a wise limnitation, name or names of candidates for more because voters are better known to each than one office. Persons acting in rep- other, and can be easier indentified in resentative capacities shall vote viva voce. small than in large districts, and it Mr. PATTON. Mr. Chairman: As the would, therefore, facilitate the detection Committee on Suffrage and Electionshave of illegal voters and repetes, and re substantially recommrended the mode of duce the scale of attempted ballot-box voting, in accordance with a resolution manipulations, and the power given to which I had the honor to present to the the courts, to conform the large eIection Convention, while in session at Hwarris- districts to that limit, is judiciolus and burg, I feel called upon to offer a few re- convenient, for the people immoediately marks in support of their recomnmen- interested in the reduction. Il large dation. election districts the duties of the elecMc~y resolution recommended voting by tion officers are very onerous, and in open ballot only, but the report of the somie districts they are detained until committee leaves it optional with the voter long after midnight in counting and to vote either an open or secret ballot. tallying the votes, front which tediou and confining ltabor they will gladly be The object of the framers of the present relieved. Constitution, in adopting secret voting or the closed ballot, was to enable voters, For numerous reasons, fr. Chairman, who were dependent upon others, to vote I am, decidedly, in favor of every voter independently of arbitrary or coercive in- having his name endorsed upon his tickfluences; but it is well known that how- ets, in his own handwriting, with the ever just and politic that laudable provi- number of the ticket corresponding with sion was originally, its object has utterly the number opposite the name of the failed in modern practice, in consequence voter, endorsed on it, by the clerks of the of the difference in the types and paper election upon which the different parties print.First, Because it -would be an incentheir respective tickets. In fact the dif- tive to the youth of the rising generation ferent tickets are so easily' distinguished to acquire an education, and even to from one another, that a clerk or other adults of the present generation to learn officer of the election can keep the run of to read and write, although it might have the votes, so as to be able to announce to temporarily disfranchised a few worthy his partisan friends the result of the voting men, who have not had the benefit of an before the votes are officially counted. elementary education, and consequently The partisan leaders of opposing parties could not vote as intelligently as those generally select their type and paper with who have been more favored; yet, I that view, in order to detect votets who, thought the incentive to learn to read and.rotm conscientious convictions, vote write would more than counterbalance CONSTITUTIONAL CONVENTION. 741 so limited a privation; and those who tion could prove the forgeries. And, bewould have. been disfranchised, could sides that, the forgers would not have have recovered their lost boons by a lit- tinie to forge any considerable number of tie assiduity in learning to write their names and numbers on the tickets, as names. I think education, alone, would forgery is necessarily a very slow operabe a good qualification for the elective tion; and, moreover, adepts or experts at franchise,.for without it no one can forging are rarely to be found, and if found properly understand the character of the they would be fastidiously cautious about, governrnent under which he lives, or ap- taking the risk of the consequences with tpreciate the measures and policy of par- such facilities for their easy and certain ties seeking the control of its operations. detection, conviction and punishment. I believe the ability to read and write is In the case of contested elections these a basis of voting in somre of the other endorsements would greatly facilitate and States. The illiterate voter is liable to be expedite the finding and identifying of imposed upon, by unscrupulous persons, each man's ticket. It would also be a in the exercise of his right of suffrage. means of detecting persons who mluiht be But the comnmittee have allowed the bribed by contestants to swear that they names of those voters who cannot write had voted against the person whom they to be placed upon their tickets by others, had voted for; but without these endorsewhich, so far as it regards that class of ments they can do so without the least voters, is also a safe means of protecting hazard of detection, because the printed the purity of the ballot-box against the tickets of each party are all alike, and raid of the stuffer; and as only a small without anything upon them to distinclassof persons are affected by it, I yield guish one fiorn another, and therefore no my predilections to their better j udgment. one of them can be identified as the vote Under the present system of voting a of anvbody, and consequently no man can corrupt officer of the election, having swear to the ticket he voted. Thus yotu charge of the ballot-box over night. can see how these criminal manipulators by throwing out the votes for the candi- would be headed off, at every turn, by dates of one party, and by substituting these recorded sentinels on the backs of those for the candidates of another party, the tickets. In short, with this mode of suppress the expressed will of thousands voting in force, your "repeaters" and of freemen, and subject legitimate ma- your "ballot-box stuffers" may well esxjorities to the stolen domination of cor- claim: Alas! our occupation is gone. rupt minorities, without any clue to his In conclusion, Mr. Chairman, I will detection; thus destroying the great car- only say that I am opposed to the amenddinal principle on which our republic ment of the gentleman from Somerset, rests-the omnnipotency of majorities. (Mr. Beer,) and I hope the report of the That this villiany is practiced in many committee will be adopted by the Conparts of this Commonwealth to an alarm- vention. Then, sir, in my judgment, we ing extent is a deplorable fact. may hope to obtain a fair and honest exhWaith this prerequisite in voting, of presion of the people at the polls. having the name and number on the Mir. LILLY. Mr. Chairman: I do not ticket, no ticket can be abstracted from intend to inflict a speech upon the Conthe ballot-box, and no additional ticket vention, but I feel that the subject is of can be put into it without easy and cer- the greatest importance of any that we tain detection. If it should be done the have had before the Convention. The tally lists would show whose tickets had amendment offered by my friend front been abstracted; and if others should be Somerset (Mr. Baer) is one that I think put in the ballot-box, in place of those this Convention never ought to adopt. I abstracted from it, the names of the voters think that the cutting up of tickets has of the abstracted tickets, and the numbers caused more trouble, confusion and coron them, would have to be forged upon ruption in our country than anything the substituted tickets, in order to give else. When I had the honor of being a them the appearance of being genuine; member of the Legislature, twenty-two and, in that case, the voters of the ab- years ago, then being a member of the stracted tickets and the clerks of the elec- democratic party from Carbon and Le $74 DEBATES OF THE high counties, I had a special law passed presented itself to the members of the for Carbon county, to allow her electors committee whether we ought to have to vote by slip tickets. From that time purity or entire secrecy, and we conto this we have continued so to vote, and cluded that purity was better than seI have the first complaint to hear from it. crecy. We turned the matter over in comEvery voter in our county thinks it is mittee, looked at it in every shape, in all the best thing possible. Our neighbors the ways possible; and mycolleagueupon across the line, in Luzerrne county, who the committee, the gentleman fromn have to cut up their tickets, complain of Columbia, (Mr. Buckalew,) yesterday so it constantly. They say to us: You vigorously pointed out everything conhave a very easy, pleasant way of voting. nected with the subject that he has left A year ago last fall some of the citizens of very little for me to say; but I believe, that county assured me that they had conscientiously and sincerely, that if we twenty-seven ballot-boxes before the elec- do not adopt this section as we have retion officers to count, for twenty-seven ported it, or something like it, we will different offices to be filled; and I know never get rid of these corruptions of the that in several election districts hundreds ballot-box. It is the only remedy that of votes were excluded because they will tear it up by the roots. You can folcould not take in the votes fast enough. low it through the ballot-box, you can If the recommendation of the committee follow it in every direction. It seems to is not to be carried out, I prefer that the me to be the only remedy that has prelaw should stand just as it is. When I sented itself that we can apply which was appointed on that committee, I was will be thorough and complete. approached by a great number of my As I have said, we looked at it in acquaintances anmong the members of the every possible light. Some of us were Convention, and by persons outside of the opposed to this measure as it now stands, Convention, in different parts of the State. but we came to the conclusion that it was I was assured that the committee that I actually necessary if we wanted to get rid was placed upon was one of the most im- of corruption that we must go to the portant committees in the Convention, bottom of it in this way. I wish to re"Why?" "Because you are to uproot mark here that, so far as my county is these corruptions at the elections;" and concernedIl believe we have no corruption. I believe that every other membe'r of that I do not believe that this amendment is committee was approached in the same necessary for the county of Carbon, leiway. And when we assembled in the ther do I believe that it is necessary for the committee room this was one of the very county of Tioga and many other counties, first things that we took up. This was perhaps the majority of the counties, bethe first subject that was discussed, and cause they are clear of corruption, and we unanimously agreed that that was one we are not aiting to destroy corruption of our means of destroying this corrup- where it does not exist. But it becomes tion, if it was possible to destroy it; and necessary in order to destroy corruption w-e did not have a single dissenting vote in corrupt places, that in counties where or voice on that question. there is no corruption we must be willing When we took that question up we to suffer some inconvenience; we must listened to all the different complaints do it or these corruptions will go on and that came to us from one part of the State we will have it dinged in our ears the and the other, and we attempted to apply day after every important election that what a mnajoritv! of us thought was the our elections are carried by fraud, fraud, proper remedy for these evils. We dis- and by false voting and personation of cussed the matter in every point and in electors and everything else of the kind. every way, and when this very section Now this destrovs it, and I hope the was before the committee the subject of Convention will vote down all of these secrecy was discussed thoroughly. While amendments and adopt, the report of the nearly all of us were in favor of secrecy, committee, and in any event I hope they we carne to the conclusion that secrecy will vote down the amendment of my could not be kept entirely inviolate with- friend from Somerset, (Mr. Baer,) and if out destroying purity. Then the question we cannot get this reform let it stand as CONSTITUTIONAL CONVENTION. 743 it is, let the Legislature allow us to make surely all the objections raised as to that our ballots as we want them in the coun- restraint were ably and fully answered by ties. But, as I have already said, I hope the gentleman from Indiana (Mr. Clark) the section as reported by the committee and the gentleman from Franklin (Mr. will be adopted just as reported. Sharpe. ) Mr. CURTIN. Mr. Chairman: Those The learned gentleman from Philadelwho have listened to the discussion of phia, (Mr. Gowen,) whom I regret is not this and the previous question have, in his seat this morning, intimated that doubtless, become satisfied at this time we wanted nothing now in Pennsylvania that we have approached one of the great- but more people. Doubtless, we do want cst subjects which have yet been submit- more people to develop the great material ted to this body by the people of the resources of our State, in which that genState. tleman is so-largely interested, and which Sir, you can draw from history a paral- he so ably represents. But, sir, I have Lel for anything. You canfind for virtue, never understood yet that the great oband you can find for vice, an instance ject of a foreigner, in coming here, was to which will just suit your case in the his- get the ballot. He probably had never tory or philosophy of ancient or modern heard of it in his own country. Emitimes. And, no doubt, this Convention grants leave their native countries behas been much entertained, if not in- cause they are over crowded-because structed, by the philosophy and the rhe- their hard lot is cast in poverty and iron toric, and the eloquence, of the gentlemen fortune-because they are subject to miliwho have addressed it on this grave and tary proscription, which compels a man peculiarly important question. to go to war when a lordly superior comBut, after all, sir, we are here, at the mands him to do so. They come here to bidding of the people of Pennsylvania, to get requited labor, and to assert their devise, if that be possible, some practical manhood —to secure larger results of reforms in the conduct of our govern- their industry for themselves and their nment-reforms suggested by experience, children, and a larger liberty of thought and demanded by necessity- the first and and action. most important of which affects the very I would throw these restraints around fundamental principle of our theory of the ballot to protect the immigrant against government. We must develop some the men who, in large cities, manage the plan by which the people shall hereafter ballot. I would protect him from the have at least the semblance of fair elec- "rounders," and "repeaters," and ballot tions. box "stuffers." Hie comes here in order I quite agree with the distinguished to become a freeran. Give him, thereand learned gentleman from Philadel- fore, a large idea of his freedom. When phia, (Mr. Woodward,) that it would be he is brought into contact with the better that every man, in his dignity, re- "rounders" and "repeaters"-as under presenting as he is, not himself alone, but the present system he inevitably is-it in part his country, should walk up to gives him a low estimate of his own libthe election poll and declare, viva voce, erties, it debases the ballot and debases the candidate of his choice. I do not be- him. I would not cheapen the ballot too lieve, however, that the people of Penn- much in this country. Let the Pennsvlsylvania are prepared for so sweeping a vanian, whether native born or naturadreform, and I am quite sure it could not ized, feel that when he is performing that meet the approbation of this body.- duty to the State and to himself, he is exHence those who are in favor of real re- ercising a high trust. Let us, therefore, form must accept, from this Convention, make such reforms in our Constitution as much as they can get, and we must as will appeal to the intelligence of the present to the people of Pennsylvania voter, and not to his ignorance. The rewhat they are likely to adopt. port of the Committee on Suffrage would The discussion, the other day, was not do just that. It enlarges and exalts the without profit, on the subject of the re- condition of a man, and appeals to his instraint thrown around the first ballot cast telligence and knowledge, so that his by the foreigner in this country; and vote shall be cast fairly and intelligently. 744 DEBATES OF THE But there are t wo classes of people who phia (Mr. Simpson) knows what he says would seriously object to it, and I know to be true, it is surely time to have some of only these two classes who would make reform. The gentleman does know, from any objection to a judicious reform in this the fact that he got his information, as he respect. In the first place, the man who tells you, by his experience as counsel in manipulates votes will object to it; the cases of contested elections. In the turf, man who would change the returns will Mr. Chairman, it has become a science to object to it; the man who will stuff ballot- make the slow horse win in a race, and boxes will object to it, and those whom men are trained for that special purpose; they employ, the " rounders " and " re- so with these city elections, it is too often peaters." I pity, fiom my inmost soul, the the purpose of those who manage these poor unfortunate man who becomes the things to elect the man who receives the tool of such men, and I have a sovereign smallest number of votes. contempt for the man, high or low, I care Surely, among a people such as those of not which he be, who hires him to debase Pennsylvania, we should, above all his manhood and to violate his oath. things, have a pure and honest electionLet the man put his name upon his bal- a fair expression of the public sentiment, lot. Surely no Amencan citizen can ob- and the man, whoever he may be, that ject to that. Let the election officer pl;l.ce receives the majority of votes in such an the proper number upon the ticket. Let election ought to have an opportunity of the voter be restrained by a two nmonths' enjoying the emoluments and the honors residence in the district in which he offers of the ofce to which the people call him. to vote. Let the registration take place I have no doubt, sir, that this report then. Let the tax be paid a month before was maturely considered in committee. election day. Lessen the number of peo- I am only sorry the committee did not go ple to be voted at each polling place in further. I regret very much that the prothe State. Place such wholesome re- positions coming from the committee are straints as these around the exercise of so crude, and do not appear to be plain the ballot, so arrange it that the man is and clear, but are rather in conflict. They known when he votes, and that his name mLy be irnroved hereafter, but in the is upon the ballot that he casts, and you main I give to the report of that cornprotect the honest and conscientious voter, rmittee my most hearty approbation; and and disappoint the "rounder," and the I believe that that much, at least, is re"repeater," and the " buminler," or what- quired so that we may have a fair election ever other pet names these people are in future, and an honest and pure expresknown by in the cities-for we have not sion of the will of the people when they any of them in the country. I may,when present to the world the sublime spectaI use these expressiots, I nay be tread- cle of a fiee people, declaring through in,> upon the toes of sorme highly respect- the ballot the principles which they beable men, for, the truth is, I do not pre- lieve wisest for the administration of their cisely know what the terms mean; they government, and selecting, through the have never become understood in the the same medium, the men who are to adcountry districts. M2y friend from Som- minister that government. erset (Mr. Baer) offers an amendment, NMr. CARTER. Mr. Chairman: I desire and is seconded by other gentlemen here the attention of the committee but a very from the country. The fact is, however, brief space. I supported in Convention that the wrongs complained of are not the proposition to limit debate in comknown in the country. Throughout the mittee of the whole to twenty minutes, entire agricultural region of Penusylva- The good that has come of that rule is nia the vote is fairly cast. N:ow and then, already apparent. perhaps, an illegal vote may be polled, I do not propose, sir, to go back to the but it is very rarely, and when it is it Eocene and trace the history of civilizadoes not affect the result. tion up to the present time, on which to The great object of these reforms is to base my argument. It seems to me that protect the cities whose people are anx- this question is narrowed down to corniously demanding judicious and actual parative small limits. That question, as reform. If the gentleman from Philadel- it appears to me, is this: Is it necessary CONSTITUTIONAL CONVENTION. 745 in order to correct this great evil, which will contain many practical and excellent this Convention is bound to do-I mean reforms, without a shadow of doubt. It the corruption of the ballot box-to then becomes a question of fact whether resort to a remedy which I think is the condition and circumstances of our worse than the disease. I do not believe, citizens are so different from those in Engsir, that the people of this Commonwealth land, where the operations of the secret are prepared yet to condemn the secret ballot are approved, as to render this meaballot. As a matter of expediency I sure necessary. I join issue with the genwould say that to prevent the people tleman from Philadelphia (Mr. WVoodvoting down our entire work-and I ap- ward) upon this question of fact. I say prehend they will do it if we should this dependent class of our citizens is a adopt the amendment proposed by the numerous one, for although a landed or committee-it behooves us to consider inherited aristocracy are unknown to us, whether there are not sufficient guards yet we are building up an aristocracy thrown around the ballot box to correct which will be more portentious and more this great evil, and whether it is really important in the future. I see the dark necessary that this enerous measure cloud overshadowing the country, and should be adopted. It seems to me that hear the low mutterings of the storm of this is the practical shape which this indignation which will burst forth against question now assumes. In view of the the overwhelnling power of these vast frauds which have been referred to by monopolies. This is the evil to which we the gentleman from Carbon (AIr. Lilly) will be subj ected in the future, and to say and other members, is it right and proper that these vast organizations will not exto adopt this unpopular measure for the ercise their power over their employees, sake of curing the evils in Philadelphia by controling their votes, if they are not and one or two other places, while other protected by the secret ballot, is to me portions of the State will suffer from the absurd. I listened with interest to the inconvenience which will grow out of its remarks of the gentleman from Columenforcement? I think not. I strongly bia, (Mr. Buckalew,) who terminated his incline to the opinion that there will be speech with an expression of his opinion sufficient guards thrown around the bal- that the secret ballot is rendered neceslot-box if the other amendments proposed sary by the existing condition of affairs, by the committee are adopted. or at all events until a change is made in The distinguished gentleman fromn the manner of voting. He referred to the Philadelphia, (Mr. Woodward,) in his free vote system, I presume. The gentleargument yesterday, referred to the ne- man, in his argument, said that the secret cdssity that existed in England for the ballot inay be necessary, but I say it ia secret ballot. He admitted its propriety necessary, and that he has conceded the in England, and thus virtually admitted ground in dispute. It is not a mere questhat the secret ballot is a protection to the tion of votes. We are bound to protect poor and dependent people of that coun- the humblest and the poorest by such try. Have we none of that class in the means as the secret ballot, which the genState of Pennsylvania? It is true, and it tleman concedes is the only protection to may be said to the credit of the State, that the weak, the dependent and the shrinkthis class of our citizens possess a higher ing. We must legislate for the average order of intelligence, and are perhaps man. WMe must protect the weak and more energetic, than those in England, the shrinking in their rights, no matter but it is nevertheless the duty of the Con- whether they possess the distinguished vention to see that they are protected in talents or wealth of those who can afford their rights, and this protection can only to vote in an independent manner. I am be afforded by means of the secret ballot. not in favor of tying the poor man, hand It seems to me we should be exceedingly and foot, and then leaving him to the cautious in adopting a measure abolishing mercy of heartless monopolies and corpothis time honored usage, which prevails rations, with no priuciple or mercy at in almost every State in the Union, and heart or souls, to be damned. I am inthus awaken unnecessary hostility against disposed to entrust the protection of the the whole work of the Convention, which humble classes of our citizens to a power 746 DEBATES OF THE which is gradually extending over the the work of the Convention will doubtland. I amn not in favor of destroying the less be opposed in many points, but I secret ballot, for I revere the opinion trust the views of that large class of our wlhich has been expressed by our fore- citizens inhabiting the rural districts of fathers in respect to this provision in the the State in regard to this important quesConstitution. I can see no sneaking in tion will not be treated lightly, when it its exercise, as the gentleman from Phila- is finally disposed of. I hardly know delphia has seen fit to describe it. We whether I have made my remarks intelhave never regarded that it was necessary ligible upon this question. If I have not to sneak up to the ballot-box and deposit it has not been my fault, but my misforour votes as if afraid of the opinion of our tune. I have endeavored to convince the neighbors. We have always regarded it Convention if this measure is adopted it as a proper and necessary protection for will destroy the secrecy of the ballot. I ourselves and the interests of society. hope this injustice will not be done, and: Let us then see whether this section, if' that this feature be retained in its purity, it is adopted as it has been reported by without the adoption of such an extreme the committee, will destroy this sacred and unsatisfactory measure as is reported right of the secret ballot. The section by the committee. reads: "All elections of the citizens shall be by ballot; the ballot to be voted MAY to ae nly a e remnrs upon this to make only a few remarks upon this be open or secret, as the elector shall prefer, and they shall be numbered by the question. In glancing over the second secelection officers when received. Each tion of the report of the committee under elector shall write his name upon his bal- consideration; I come to the conclusion lot, or cause it to be written thereon, and that the idea is a new one and somewhat attested by him by another elector of novel, and can result in no good. In the district, who shall not be an electioni speaking of the section itself, as reported, officer.'" I have no hesitation in saying that I am It seems evident to my mind that the in favor of so much of the section which wording of the section, when it says that reads as follows: All elections of the all elections of the citizens shall be by citizensshallbebyballot; theballot vote ballot, either open or secret, as the voter many determine, only adds insult to in- prefer." I am strongly in favor of this juro. The ballot is not secret when a lmacn portion of the section, but it seems in my is compelled to call up a neighbor, and opinion to be all that is really necessary ask him to write his name upon it. It in the section, and really more than is certainly cannot be a secret ballot when contained in the majority of Constitutions the tickets are numbered and the names in the severalStates, The privilege ofan of the voters are, written upon them, so elector is one of the noblest privileges that they can be overhauled in a contested that can be bestowed upon any citizen, election case. There is no escaping from but it is only when it can be exercised the conclusion that such a provision as t t restraint that the citizen's right this will completely destroy the secrecy is fully protected. In the concluding of the ballot. I think the whole principle portions of the section there are so many is wrong, and I hope it will be. voted restraints and restrictions imposed upon down. I am as anxious as any other the voter, and so much red tape exhibmemnber of this Convention to apply an ited, that a person living outside of Pennadequate. remredy, but I am unwilling to sylvania would suppose that the rights of destroy a great principle. our citizens require more than usual proIn the subsequent articles to be report- tection. This I do not believe. I do not ed by the Committee on Suffrage, many think the rights of the voter in this State schemes or propositions will be found de- are any more imperilled than in other signed to protect the ballot. I do not States, and I think the committee who doubt that thev will be found to afford reported this section has merely fancied adequate means to accomplish this object, that the experiment of numbering and and whether they will not only bring dis- requiring the name of the voter to be credit and disgrace upon the Convention; written on the ballot, would remedy the CONSTITUTIONAL CONVENTION. 747 evil that is sometimes perpetrated in our votes of the citizen, and this seems to midst when elections are held. me to be the better way to protect the The section goes on and says: "L They right of the voter, and keep our elections shall be numbered by the election offi. pure. If we insert such a section in this cers when received. Each elector shall Constitution, I think it will tend greatly write his name upon his ballot, or cause to check such frauds as it is represented have been committed by designing poliit to be written thereon, and attested by a t another elector of the district, which shall ticians. It would, I think, strike terror not n elect ofl into the hearts of the evil-doers, and by not be an election officer." the time a few examples were made, we Now, sir, what I object to is this, that should not hear of any more frauds being all of the foregoing declared rights of the committed. citizens, as to the privilege of how he may I an in favor of giving the citizen cast his vote, are entirely destroyed. This every right to protect his franchise section says that he may cast his vote against the impositions of designing men open or secret. It is all at the option of against his ballot. Yet, I cannot favor the citizen. That is, the secret ballot, ac- the insertion of a clause in this Constitucording to this section, if carried out to tion, saying that a citizen may cast his the fall extent, shall be numbered, and vote openly or secretly, and then say it shall contain a written name, shall be at- shall not be secret, but that some one tested to, for the elector who votes and Inust endorse it to make it valid. signs it, by another citizen, &-c. Why signs it, by another citizen, &c. Why In short, these are my views on this this, sir, will rob the citizen of all the subject, andI trust that the better judgright he has under the secret ballot, for riht he has under the secret ballot, f mr ment of every member of this body will the number on such a ballot, the name the number on such a ballot, the namgze see this matter in this light, that he will and the endorsement, leave it no longer seek to present a section to the citizen seek to present a section to the citizen a secret ballot. Its purposes can now be easily traced out, and the object for which form as will meet with their approval, form as will meet with their approval, this secret ballot was given becomes pub- when we shall ask them to endorse what lie property, and will, it my way of thinkwe are doing here. It may seem severe ing, take from the citizen one of his dear- to the committee, who have reported this est rights. I see no advantage to be deZn a ta tsection, that their work should be so rived fromu this. I know that some of the frail as not to stand criticism yet, I feel States have adopted viva voce voting, but it a duty to myself and those I repreI feel sure that there are few advocates of sent, to my disapproval of a that system of voting among the dele- xe. w measure which, I think, is an innovation gates to this Convention who will en- on that sacred privilege so long guaranon that sacred privilege so long guarandorce a sentiment of that kind. teed to us by the fundamental law of this The secret ballot carries with it all the old Commonwealth. citizen voter can desire or even wish. In Mlr. J. tPRICE WETXIERILL. Mr. Chairfact, it is made potent because of its se- man: I shall occupy the attention of the cresy; because, by the ballot we can ex- committee but a short time in expressing committee but a short time in expressing press our preference without fear or hindrance. I see no good reason why this my vievs upon this section. Convention should adopt this laguage in place, I oppose the amendment as ofthis section, because it is certainly offen- fered by the gentleman from Somerset sive to the honest voter with all the im- (ar. Baer) for this reason: That if you Dositions and the demands on him, pwhichrinted I think he will not willingly accept, and upon seperate tickets, you in a measure would not be apt to sanction when asked itpair the value of the section as preto do so, when our labor is completed, and sented by this committee, for the reason when the work we have done requires his that an endorsement upon one ticket can vote to give life to this Constitution. I be easily made, but an endorsement should prefer to give the citizen voter pro- upon a great many tickets will be troubletection in another way, and it would be some and vexatious to the elector, and this: To disfranchise that miscreant who for that reason the section would be detried to carry out his designs to that ex- fective. In listening to this debate, I tent of committing frauds by stuffing the find the only opposition that seems to ballot-box, or extracting therefrom the exist in the minds of members of this 748 DEBATES OF THE Convention against the section as report- cretly they are dissatisfied with their ed by the committee is this, that it de- party for no good reason. They are disprives the ballot of its secrecy-nothing satisfied because, perhaps, they did not else. receive their full share of the loaves and Now what is the advantage of the secret fishes. If they are the class to be injured ballot? The advantage of the secret bal- by the open ballot let themn be injured. lot, it is urged, in the first place, is that What are the facts in regard to this the laboring man desires to cast his ballot? I in secret. That he, because, forsooth, he ask any of the delegates whether they receives so much per week from his em- cannot say with me, that although the ployer, and because his employer may ballot say be on the surface secret, that think differently politically, therefore he it is actually open to all intents and purdesires to exercise his judgment in the poses. Tinted paper, peculiar type, pecufirst place, and in the second, to ate- liar headings, indicate the ticket as thorceiv-e his employer, because he wants to ugly as ifi were voted withou at( oughly as if it were voted without atconvey to him the idea that he is not vro~tint as he sees fit and in accordance what little I know upon this subject, I with his judgment and his prudence. I with his judgment and hwill guarantee that I can go to the party stand here to-day to say that I do not be- that held the window-book of any prelieve that the laboring classes of the State cict in Phiadelphia, or possibly the icnct in Philadelphia, or possibly the of Pennsylvania would be actuated by window-book of any township or county any such motives. I believe the mass of in the State, and I will find he will have voters of that class, although they may all the persons in the precinct ticked off not be so well educated, although they with the ticket each mnan voted. And he mnay not possibly possess the advantages will come, in his calculation, to within of ilavny more favored, still know what is five per cent. of the actual vote given in right, and reason for themselves, and act his division or his district., neceszn'. S his division or his district. Now, necesaccordingly. I am satisfied that what sarily, as that is the case, it is very well they desire is not so much a secret ballot known bv all the delegates here that toas this, when they go to the polls and put day we do, to all intents and purposes, in their tickets, that the ticket mauy be -ote an open ballot. properly counted. If you were to ask the laboring classes of the State of Pennsvl- Now if there is any advantage in this vania which they would prefer, the secret frank and open nanner of stating, as the ballot, with the chance of fraud, or the committee have done, that there shall be open ballot, and fraud prevented, let me an endorsement upon the ticket, and that say here in my place that the laboring the ballot mav be open or tnay be secret; classes would flavor the open ballot. if the advantage to be derived is this, What is the other ar(ument used? The that we can check frauds, that we can. other argent, advance by the entle- lessen corruption, then, if for that considman fro- Lnatr(eraiion alone, we should certainly supman fromn Lancaster, (Mir. Carter,) is that a port the action of the commuittee and vote we miust take care of the weak; that the for the section. tinmid voter desires quietly to arrange his ticket and timnidly to go to the polls, with I do not want to weary this committee the full knowledoe that that secret is with by any lon, tirade in regard to the existhirm and wit~h himn alone. I do not believe once of corruption, either in this city or in the country. We have had enough of anything of the sort. I do not believe that 1_15t~~~~ ~that, I think.' The experience of the city such a class of voters exist in the State to seems to be the experience of the country, any such extent that we should either. and perhaps it is true, we are living in a legislate for or protect them. I amn satis- carnival f crie. If that is so, let us enfied of this, and I appeal to the experience deavor, by every means in our power, to of every s member here whether there is correct, if we can, all future posibiiity of any such class of mnen so weak and timid fraud and corruption. I do not believe in that when they put in their ballots they curing this evil by cutting down the tree. must be assured that the names upon That will not do it. We must pluck up the tickets they vote are known to them- every root and fibre, and we must not selves alone. No, sir; if there are dis- leave one element of corruption. This satisfied men who desire to vote thus se- may be one of these little fibres. If it is, CONSTITUTIONAL CONVENTION. 749 it seenms to be our duty to pull it out and change those tickets. They can use the destroy it. paste pot and paste over the names. They Mr. IHowARD. Mr. Chairman, if I un- can deface those tickets, and they can put derstand the point of the arguments of in others. and in this way they can and the advocates for a secret ballot, it is that do deprive the voters of their riihts as a portion of the people are not capable of electors. They deprive them of that right self-government, that they have not the by cheating them out of their choice, and couragre or the manhood to stand up fairly it is done yearly, and we know it, espeto the rights that have been conferred cially in the large cities of this Commonupon them by society. We have a great wealth. majority of honest and courageous elec- I am perfectly aware, 5Mr. Chairman, tors. That, I believe, is conceded. Then that we cannot establish any general rule we have a small fraction that are weak. tha will not work hardship in soieie cases. They are timid and they are cowardly, That is the objection to all general rules. anti thev must be covered with a mantel Now what is our object here? To purify of secrecy in order that their vote may be the ballot-bos. That is one purpose for got into the ballot-box. Now, Mr. (.hair- which we are met. It is to get rid of the man, while a fraction may be cast by old way in which so many frauds have honest Inen, a portion of that fraction will been perpetrated. The gentlemen who be manipulated as it has been in the past, are in favor of this amendment say, let us and it will be far better for society that it go back to the old system, the old plan, never was. cast at all. the secret ballot, that was made secret That is one way of looking at this ques- only that it might cover the votes of a few tion. Another way of looking at it is weak persons who had not the courage to upon fundamental principle. Now, Mr. step up to the polls and vote without fear Chairman, does this ballot belong to the or favor. individual at all? That is a question Now if it has been discovered that it worthy of consideration. I say the ballot has worked badly, that it has worked indoe~s not belong to the individual at all juriously, that it has put it into the power It never was given him to be exercised of a few men, I do not care whether you for his individual benefit. Look abroad call them bosses or whether you call them in society. We find men with all their politicians, to controljust enough of these rights of sovereignty, we find theln with weak men, who want the blanket of seall their rights of citizenship, and yet crecy thrown over them, to carry the electhey have not the right of the ballot at tion; then it is time that we adopt some all. The elector belongs to a class se- provision like this, because, in a doubtful lected and elevated above all the balance contest, where the two political parties are of society. We brin:: the voter up to the very nearly balanced, the men who have dignity and stature of the exercise of sov- not the courage to cast an open vote are ereignty; we give them the position 9f the men who turn the election in favor of elector; and then we are asked to say the party which can control them, so that that, because there are a few so weak and the honest men, and the courageous men, so timid that they dare not exercise this and the good citizens, are cheated out ot great right for fear of some other man, the the ballot, because we have left the door rights of the courageous and honest voters open to fraud in this mode of polling of are to be put in jeopardy by that fraction votes. When we confer the rights of an who are controlled by othes:. elector on a man, we do not do it for his Mr. Chairman, I have no doubt that personalbenefit. It is to be exercised for the honest people of this Commonwealth the benefit of the people, and he ought to will be perfectly willing to support any have the manhood and courage to come plan by which we shall be able to purify up and say, when he cdsts his ballot, " I the ballot-box. cast my ballot so and so." Let him write What is the present system? The only his name upon it, let himn do anything means that we have of detecting fraud that may indicate it, so that we can detect is by tally lists, corresponding with the these terrible outrages and scandalous number of votes in the box; and yet it is frauds that have brought such disgrace in the power of the election officers to upon us, that in the estimation of a great 750 DEBATES OF THE many people, they have been willing al- gentlemen hesitate to do this? They most to surrender democratic and repub- would not, in the conduct of their own lican government. This is a great evil, affairs, hesitate to receive back stolen and I know very well that this secret bal- property, because they could not catch lot, while it might answer a good purpose the thief. There may be, and doubtless for a few honest men, yet the purpose it are, other and better ways by which we would serve for those who wish to prosti- can provide for the detection and the tute the- ballot-box would be so much punishment of those men against whom greater that it seems to me we should ac- we wish to protect ourselves in the future, cept this report of the committee as it but the course that has been suggested by came from them, the committee, preserving, as it does, to If these amendments are all voted a certain extent, the form of secret down, when we come to vote upon Jhe voting, and enabling those who do not section as reported by the committee, I wish to disclose to their neighbors when would like if an amendment were offered, they vote the persons for whom they a re requiring that the officers of election voting, will make the ballot-box, as was boards should be sworn to secrecy, that intended by our forefathers, the clearest they never should disclose, in any man- and best evidence of the sense and the ner, the vote of a citizen, unless they sentiment of a free people. It enables -were called upon to do so in some judicial the elector to vote, with a secret or open proceeding called to investigate the fair- ballot, as he may see fit. It may relieve ness of an election. With that oath ad- society of those timid and shrinking m-inistered to election officers, the viola- men who hesitate to fulfil the duty that tion of which should be perjury, and pun- they are appointed to discharge, but it ished as such, we have given all the will enable those who are willing, frankprotection that I think we should give to ly, honestly, and manfully, to come up these weak and timid citizens who are and vote for the man and the measures not willing to vote unless they can do it which, in their opinion, are best to do so, under the cloak of secrecy. with the knowledge that they are not to Mr. JOHN R. READ. 5Mr. Chairman: be overcome by the bludgeon of brutaliAs I understand it, one of the primary ob- tv, or the stilleto of cowardice. This jectsof the calling togetherof this Conven- Convention has almost unanimously, tion was to promote and secure the rectifi- upon every occasion upon which it has cation of the ballot-box. This can be ob- had an opportunity, enlarged the restrif.tained in two ways. First, by preserving tion upon voters for a wise purpose. WVe the sanctity and maintaining the security have lengthened the time of residence of the ballot-box itself; and secondly, by within a ward or precinct, and we have providing for the detection and punish- made it requisite for a naturalized citizen menit of those who are willing to lay rude to hold his certificate of citizenship one hands upon it, and, reckless of its ancient month before he shall be allowed to reap and manifest purpose, consider it only as the benefit of it, and now, when we are a facile method of accomplishing an un- offered an opportunity which is above righteous end. In lly opinion the method and beyond all others that have been ofsuggested in the report of the committee fered in this Convention for purifying will manifestly accomplish the first pur- our elections, I see hesitating and timid pose, because, by it, the ballot-box itself men shrink from applying a caustic, is made the means of detecting the fraud which will eradicate and destroy the practised upon it, and thus is made self- disease, the diagnosis of which is compreservative. It enables the law-abiding plete and well defined. I cannot undercitizen to ascertain when crime has been stand it, sir. committed; it enables courts of justice to If voters are afraid to express their purge the box and to eliminate from it honest convictions openly, when by so the votes cast by those who had no right doing they will contribute to the lasting to vote, and that, too, without requiring benefit of the body politic, then let them them to throw aside the whole poll, as tarry at home, and learn that they have has been done in numberless instances in duties to discharge as well as rights to our late elections. Then, why should protect. CONSTITUTIONAL CONVENTION. 751 We all know that if any one is disposed bable that it will be most acceptable of to attend a poll upon an election day, he any other in the future. Itissubjecttoobcan, within a few votes, at six o'clock on jections. Difficulties have arisen, frauds the evening of the day of the election, have been perpetrated and improper ascertain almost exactly how that poll has voteshavebeencast. Where? Nowhere uone, as has beesn said by my collea~g~ue but in the large cities; in Philadelphia, in (Mr. J. Price Wetherill.) Thus you will Scranton. I do not know hat it has be see there is no secrecy in the present form nBut so fr as we of voting. They have different headings ar n Pttsburg But so far learn from gentlemen here, we learn of no and different colors, so that it can be as- in certained when the citizen is depositing f in the rural districts; consequently his vote exactly for whom he is voting we want nothing else t.ere but the old Then only cling to this relic of antiquity, Constitution. Still, if frauds exist, if the which is sacred only on account of its ballot-box requires to be purified, as no age, and which has clearly shown its inn- one doubts, I am prepared to go with any tility in the last decade. gentleman of any party as far as mnay be necessary to remedy the evil. The quesI believe that the secret ballot is nothing necessary to remedy the evil. The quesmore than the swaddling clothes and the tion is, what is the most expedient plan? I apprehend that one measure suggested nursery wraps of representative governin the report of the committee now under ment, and anm convinced that it is time consideration, to wit, the reduction of the that the men of this State and of other rsize of the election precincts, so that only States, who desire the greatest good for el the greatest number, should assume the a comparatively small number vote at each the ordinary care of the officers of garments of men, and in them assert their ordinary care of the officers of strengthofmen, and with' thempowerthat man-r election will relieve us from this difficulty, strength, and with the power that nmanbut if that be nt enougrh I would go furhood confers, sweep from the face of the n ther, and would say that if any gentleman earth the parasites and creeping things her, and would say that if any gentleman will propose anything that will be applicawho have succeeded in making our Re- t ble to the large cities, where the mischief public and our State a by-word and a shame in the mouths of men. I am in exists, I aui sure it will meet with our iavorable consideration. It does notfollow favor of the report of the committee, and vorable consideration It does notfollow I will go as far as the farthest, with my that the mode of voting throughout the State should be uniform. If in cities the voice and my vote, to do that which I believe is necessary for the maintenance of present plan is insufficient, change it; if in our present form of government. the country the present plan is sufficient, why change it? Mr. DARLINGTON. Mr. Chairman: I invite the respectful attention of the Con- I do not think that any hybrid proposivention for a very few minutes. I do not tion, such as that offered here, of a'" seintend to make a lengthy argument. cret" ballot, with a name publicly written upon it, is exactly the thing for the There are two principles, antagonistic the country, but if it suits the cities I would in their character, presented for our acceptance, one the registry of voters and fovor t for cities. the open vote, presented in the remarks The provisions of the old Constitution of my learned friend from Philadelphia, are what the country people want —that (Mr. Woodward,) and the other the se- all elections shall be by ballot, except by cret ballot. No medium has yet been persons in a representative capacity, who presented to the consideration of this body. shall vote viva voce; and the reason is obAre we, then, prepard to accept the views vious to every one, that members of the of the gentleman from Philadelphia (Mr. Legislature and such people should vote WNoodward)? While I would go with openly, that their constituents should him personally, I do not think that either know how they were being represented. the great body of the Convention or the For all others the secret ballot is best. great body of the people will accept the proposition which he offers. On theother I do not think the suggestion of the hand, we have been accustomed, from the committee, that a nan may vote an open foundation of the government, to the se- or secret ballot, worth anything, for the cmet ballot, and we have become accus- old Constitution is precisely such in effect, tomined to it all over the Union. It has the privilege being offered to every citimet with favor in the past, and it is pro- zen to close his ballot, and to permit no 7 52 DEBATES OF THE man to know how he voted. Those who strikes at stuffing the ballot box; it will wish to vote an open ticket are at liberty prevent the dropping of the vote handed to do so, according to the words of the to the inspector and his dexterous subelection law. The clause about closing stitution of another. It will restrain the the ballot is directory, not obligatory. abstraction of votes from the box and You may vote, but are not compelled to replacing them by others held in reserve vote a secret ballot. for the purpose. Besides, this clause wiil I am opposed to change merely for the go far to give us a true count and a corsake of change, and I do not see that this rect return by the election officers. idea is any other but that. I think the Frauds, when perpetrated, are mainly old Constitution the right thing in this re- committed or permitted by these officers. spect, and when these amendments have Regard for their oaths has not deterred been disposed of I shall offer an amend- some of them from annulling the expresinent to the section, by way of substitute sion of the will of the people. The fear for the report of the committee, like the of punishment has been inoperative beprovision of the old Constitution, which cause there was no fear of detection; for so many years has been acceptable to but when almost certainty of discovery the people, namely: "All elections shall awaits the perpetration of crime a positive be by ballot, except those of persons in restraint to its commission is affixed; for if a representative capacity, who shall vote a contest should con e, the box be opened, viva voce." If anybody proposes to add the tickets counted and examined, each to that a condition that in cities over a number and signature upon them would given population the principle advocated bear witness as to whether the officers by the committee shall be practiced I had honestly or dishonestly performed shall favor it. their duties. By the signature of the SMr. LA MBERTON. Mr. Chairman. The elector his ballot can be identified, and a fact that this amendment was presented guard, sure and trustworthy, thrown with such unanimity by the Cornmittee around the ballot box, giving protection on Suffrage, Election and Representation the lawful voter and assurance that conmends it to favorable consideration. the result pronounced will he in harlony An important change is recommended. with the truth. Reflection and the arguments made upon It may be that whatever provision the this floor have led me to the conclusion wisdom of this Convention may devise, that the clause requiring the elector to the craft and subtlety of the reckless and write or cause his namne to be written and unscrupulous partisan will find sonme attested upon his ballot is proper and means to evade. But this does not relieve should be adopted. us from the duty of making the earnest One of the great evils which moved the effort to have our elections pure, free and people, by an emphatic and overwhelming i r. mnajority, to summon this Convention into The consideration which I chiefly rose being, was the settled conviction that in to present is one that has not yet been some parts of this Commonwealth the touched. If this clause be adopted by the ballot box was tampered with and the Convention, and ratified by the people, it popular will falsified by the election offi- will not only prevent frauds, afford the cers. The proposition we are now con- means of identifying each ballot depositsidering is a decided step towards pre- ed, in the event of a contest, but its tenventing and remedying this wrong. It dency will be to promote greater care in strikes at the repeater, and will nleas- the exercise of the right of suffrage and urably obstruct him in plying his infa- the consequent choice of better officers. mous calling. His success depends upon This right, when conferred, is to be prized the rapidity with which his work is done. and defended as the means by which, To require him to pause to write, even a under our system, those who administer fictitious name, is a gain of so much time the government in all its departments for witnesses to identify him. It has been are directly or indirectly chosen. Its eximmunity from detection which has ena- ercise is a duty, not only to be jealously bled this species of fraud to be success- guarded, but to be thoughtfully considfully perpetrated. This clause further ered. When an elector, over his own sig CONSTITUTIONAL CONVENTION. 758 nature, substantially certifies to the heon- their signature to the ballot containing esty, fitness and capacity of the persons for improper names. whom he votes, there will be many who The restraints and domination of party will think before they write. This will are growing less powerful with large be some progress towards the selection of numbers. Very many in our Commonthe better mien. Many ballots will not, wealth have resolved that the bare fact of as heretofore, be taken from the hands of nominations, by whatever means, shall partisan friends at the polls, and deposit- not be conclusive of fitness and capacity. ed without examination; they will be They will not wear the collar of party prepared at home, wh ere writing facilities when required to support and endorse the more abound. And he who quietly sits profligate and the corrupt. They are eadown to make up his ticket, in view of gerly looking forward to the day when it the fact that he is about to give it his en- shall not be complained that in some pordorsemnent and written approval, unless tions of the State the wickedness of the fast bound by the fetters of party, will fewover-rules and nullifies the will of the weigh the merits of the respective nomi- many; when the elections shall be everynees and withhold his signature from that where as fairly and honestly conducted ballot upon which is printed the name of as they are in the large majority of our one who, with little, if any, principle of districts. These will not hesitate to athis own, is put forward as the representa- test, by their signatures, the integrity and tive of the principles of a party. He will fitness of those for whom their votes are hesitate before he will favor the re-elec- cast, although they are not of the same tion of another, who has gone into office partisan faith. poor, and without other visible mrieans of The vast majority of those who comlivelihood, has added houses to houses pose the great political parties of the counand lands to lands, using the opportuni- try, bitterly denounce any violation, by ties afforded him by a trusting constitu- whatever persons cornmitted, of the puriency into means for enriching himself by ty of the ballot-box, and will sustain and mnalversation in office. approve such safeguards as may be deMr. Chairman, before election day and vised fo)r its protection. The plan prothe heat of the campaign has come, the posed by the committee may not be perinutterings of good citizens are herard of fect; it will give more trouble to the electheir determination to repudiate obnox- tor and may at times subject him to inious nomrinations, and not to be the nere convenience; but I shall vote for it, because it will prevent fraud, will protect machines to register the edicts of party the lawful voter, will tend to fill our officonventions. They may mean not to be ces with the better candidates, and, when bound by the action of nominating bodies, frauds are committed, will point the way in which they charge the delegates were to their detection. bought like sheep, or overawed or bullied by roughs. But the time of high political I do not propose to occupy uch of th L_ I do not propose to occupy much of the excitement comes, the sway of party istee in the discussion very powrfu, ts se ustbetime of the committee in the discussion very powerful, its ascendency must be of the question, that is, I (lo not mean to preserved, scruples vanish aild the nomibe betrayed into a speech. I am opposed nees are supported. By many,and often- to the pending amendment, and in favor times this is done, because the identity of of the report of the committee. If the the ticket voted is lost in the multitude committee should see proper to reject the in the box, no personal responsibility pending amendment, I propose to amnend Seemingly attaching to it, it is not as ex- the section, by moving to strike out the the section, by moving to strike out the pressive of the individual judgment of word "shall," in the fourth line, and inthe voter upon the qualifications of the serting the word "may." I shall oppose candidates as if it contained his signature. the pending amendment, because I do not There are thousands who have mentally think it preserves to the section the curarevolted from voting for their party norri- tive properties as against exiting evils nees, and who, with great reluctance, that is contained in the report of the comhave voted for them at last, who never mittee. It is most true that the section, w-ould have done so if required to affix as reported, would give to the large cities 4S 754 DEBATES OF THE and some other parts of the Common- in England. WVe have the humorous wealth, Luzerne and Schuylkill counties, sketches of Dickens, the "independent an opportunity to reach evils and restore voter of Etanswill" is known to us all, purity to the bailot-box. It would give and has amused us all. Bliwer has given to the minority, or to those in opposition us a more exact and reliable portrayture to a majority to the election board, or to of the system in the bitter and bloody conthose suspecting frauds, anl opportunity tests of the Buffs and Blues; and this systo prevent, or at least to detect them. I tem, so much lauded by gentlemen on believe, under the system, the identifica- this floor, is on the eve of change in this,. tion of the ticketis beyond question. But, very England, where it has been tried s( Mr. Chairman, whilst I appreciate the long, to give way, it is said, to the secret merits, yet with the compulsory clause ballot, for the reason of the constantly restriking down the secrecy of the ballot, I curring scenes of violence at their elect also fear evilsof great magnitude. True, tions. And yet this people are of those we have heard much said in this Conven- who settle their disputes with muscle, tion upon the manhood of the American with the fist; they take to the ring. There citizen, or at least of that manhood he is a wide difference, however, between should possess, that manhood which the English and Amrnerican people, for should impel men, without any consider- some reason, probably owing to our ination except that of high duty, to step for- heritance of the qualities of our ancestors, ward and proclaim their choice at the those qualities that conquered a continent polling place. I say, if our people were and made the waste places bloom, won all actuated by this motive alone, this propo- independent nationality and suppressed sition of open or viva voce voting would internalviolence. We hold human life at be all that could be desired; but, unfor- too little value; we are familiar with, and, tunately, we are not a community of an- let me say, too fond of deadly weapons. gels; we are simply men, imperfect, with And I undertake to say, if open or viva. all the human infirmities clinging to uS. voce voting is adopted in Pennsylvania, We are liable to be swayed by selfishness and the rival parties become excited by -and interest; from this we cannot be those animosities which are usually and ifreed. This is the lot of mnankind, the ordinarily engendered by a political camcommon heritage of humanity. Our be- paign, that an election dav in this State ing Americans does not, of itself, make would be a day of battle from the lake to us better than other men, of oen weho the river, and every polling booth would have lived in other lands and who have be a slaughter pen. Why, I remember an instance that occurred in Virginia, where It has been said, by the gentletnan from vivc voce voting is the mode of expressPhiladelphia, (Mr. Woodward,) that he ing the will of the people. Major Dixson, Jis in favor of viva voce voting —pure and in 1860, lived at Culpepper Court House,:simple-that he would go one step in ad- and in that year had the temerity to vote,vt.nce of the report of the committee, as for Abraham Lincoln. He had scarcely:he is a firm believer in that manhood uttered the name before fouir pistols were,which should induce one and all of us to fired at him, two of which took effect. The,proclaim openly and boldlv his political name of Lincoln was unpopular in that,choice. If this principle could apply section at that time, and it was exceed-solely to the gentleman I think it would ingly unhealthy for any one to support,be,pirfoer, but we have other voters in the him. Commolnwealth, and so far as the mass is This would be repeated in other States.,oncera'ed I ant of the opinion that it Who can doubt it? Everywhere the piswould be highly improper, at least in all.tol, billy and bludgeon would be used; localities. Now let us see, what does this the old argument, "wid sticks," would 756 DEBATES OF THE curative of fraud. Our danger is great, Mr. STANTON. Mr. President: I hope our enemy powerful, but this principle the objection will be withdrawn, so that we can struggle on, and, like the Arg'yle, we may act upon it without further loss fall with our feet to the foe. of time. Mr. AINEY. Mr. Chairman: It is evi- [Several mrniber. "II object I "I obdent this discussion will not be closed Ject' to-day. I therefore rise to move that the Mr. BOYD. Mr. President: Can a resoeommittee rise. lution be read when it is objected to, at If members will turn to rule six that this time? this Convention has adopted, they will The PRESIDENT. If the gentleman Aind that after to-day we shall have no frorn Dauphin, or any gentleman, desires presidentpro tern. it to be read for information, the Chair The CHAInMAN. Does the Chair un- will allowitto be done. derstand the gentleman from Lehigh to The CLERE read: move that the commnittee rise, report pro- WHEEEAS, Ten days having expired gress and ask leave to sit again? since the appointment of a president pro Mr. AINEY. Yes, sir. tern., and The motion was agreed to. The corn- WHEREAS, Rule six provides that a mittee rose, and Mr.Walker resunmed the presidentppro tem. shall be chosen by this chair. Convention after ten days shall have expired, IN CONVENTION. Resolved, That Hon. Win. H. A rmThe CHAIRMAN of the committee of the strong be and he is hereby chosen Presiwhole reported that the committee had dent pro tom. of this Convention. further considered the report of the Corn- The motion to suspend the ruleks was mittee on Suffrage, Election and Repre- not agreed to. sentation, reported progress and asked Mr. HAY. Mr. President: I move to leave to sit again. adjourn on this motion. The PRESIDENT. When will the Con- The yeas and nays were required by vention grant the committee of the whole Mr. Worrall and Mr. Heverin, and weroe leave to sit again. as follow, v iz: Monday and to-morrow were both YEAS. named. Messrs. Baer, Baily, (Perry,) Baker, BarThe question was first taken on Mon- tholomew, Black, J. S., Boyd, Brodhe id, day, and a division being called, less Broomall, Brown, Campbell, Cassidy, than a majority of a quorum voted in the Craig, Cronmiller, Curtin, Darlington, affirmative. So to-morrow was named Dunning, Edwards, Elliott, Ellis, Ewing, for the next session of the committee. Fell, Guthrie, Hay, Heverin Hopkins, THE PVRESIDENT PRO TE:M. HIunsicker, Kaine, Knight, Lamberton, Lawrence, Lilly, Littleton, M'Allister, Mr Airiey. Msorn President: I oer the M'Camant, M'Clean, Mann, Niles, Patton, following resolution:T h c- Porter, Smith, W. H., Turrell, Walker, The PRESIDENT. That can only be White, Harry, White, J. WV. F., WVooddone by common consent. ward and Worrell-46. Mr. NILES. Mr. President: I object. Mr. AINEY. Will the Chair be kind NA YS. enough to state on what grounds? Messrs. Achenbach, Addicks, Ainey, The PRESIDENT. The Chair cannot Alricks, Beebe, Biddle, Black, Chas. A., tell. A single objection will prevent the Carter, Church, Collins, Corbett, Corsoin, reception of the resolution. De France, Gilpin, Hanna, Hazzard, HowMr. AINEY. Mr. President: Then I ard, Landis, MacConnell,MacVeagh, Manmove that the rules be suspended to allow tor, Metzger, Minor, Mott, Newlin, Parthe resolution to be received. sons, Patterson, T. IH. B., Read, John R., Mr. MACVEAGHO. Mr. President: May Reynolds, James L., Russell, Sharpe, we not have the resolution read for in- Simpson, Stanton, Temple, Wetherill, J. formation? M., Wetherill, Jno. Price, Wherry and The PRESIDENT. The Chair has no,White, David N.-33. objection. So the motion to adjourn was agreed to. CONSTITUTIONAL -ONVENTION. 757 ABSENT OR NOT VOTING.-MessrS. An- my knowledge. Of course, I am not indrews, Armstrong,Bailey,( Huntingdon,) sensible to the high honor which would Bardsley, Bowman, Baunan, Barclay, be conferred upon any gentleman in this Buekalew, Carey, Clark, Cochran, Curry, Convention, by being called upon to preCuyler, Dallas, Davis, Dodd, Finney, side, at any time, over its deliberations. Fulton, Funck, Gibson, Gowen, Hall, Har- But it so chanced, and very casually, vey,Hemphillj orton, Lear,Long,M'Cul- that I called upon Mr. Meredith this loch, M'.Murray, Palmer, G. W., Palmer, morning, as I have done before, and had H.W., Patterson, D. W., Pughe, Purman, a very pleasant interview with him. This ]Purviance, John N., Purviance, Sam'l A., morning he was able to be up, sitting in Reed, Andrew, Reynolds, S. H., Rooke, his chair, feeling much imore comfortable Ross, Runk, Smith, H. G., Smith, Henry than he had been previously, and he told WV., Stewart, Struthers,Van Reed,Wright me that he expected to be in the Convenand Meredith, President-49. tion to-morrow. If not to-morrow, he Mar. &apBCi{TRONG). BMr. President: Bye-'said he certainly would, no doubt, be able fore the Convention is adjourned I desire to be here on Monday. I therefore think -to be heard for one moment. it would be, under these circumstances, wise and best that no further consideraThe PRESIDENT. It willrequire unani- tion of this resolution, or of any similar mous consent. Unanimous consent was resolution, should, at this time, engage given and Mr. Armstrong proceeded. the attention of the Convention. I certainly feel very grateful to the kind I desire to so express myself that I feeling on the prt of my friend from might not be misunderstood in relation Lehigh, (Mr. Ainey,) which has doubt- to the action which has just been taken. less dictated the resolution which has The President then adjourned the Conbeen presented. It has taken me quite by vention at half-past two P. M., until surprise, and was offered wholly without eleven o'clock to-morrow Imorning. 758 DEBATES OF THE FORTY-FOURTH DAY SATURDAY, Februa-y 15, 1873. LEAVES OF ABSENCE. The Convention met at eleven o'clock Mr. J. W. F. WHITE asked leave of A. M. absence for Mr. T. H. B. Patterson, of AlJOURNAL. legheny for a few days, which was The Journal of yesterday's proceedings granted. was- read and approved. Mr. LANDIS asked leave of absence for ACOUSTICS OF THE HALL. Mr. Curry for a few days, which was Mr. ADDICKS. Mr. President: With granted. your permission I would like to make a Mr. NILES asked leave of absence for short statement with reference to the a few days for Mr. Bowman, on account acoustics of this hall. At the suggestion of sickness in the family, which was of various members of the Convention, granted. the Committee on the House, for the pur- Mr. CIIUCH asked leave of absence for pose of endeavoring to improve the acous- Mr. Parsons for a few days, which wa' tie properties of the hall, have had wires granted. stretched across from the windows upon QUORuM. one side to the windows upon the other, fr. HARRY WHITE. Mr. Pesident: as you will perceive. I mention this fact, I would like t inquire whether we have I would like to inquire whether we have as the Committee on the House is desirous of ascertaining whether there is really a P p re any improvement in reference to the The PRESIDENT. Does the gentleman desire a count of the Convention? hearing, and that the committee may know the effect of this device from the cause I think there is not a quorum pre*xperience of to-day. sent, and, if not, we can spend the time PROTHONOTARY'S HREPORT. profitably in committees The President presented to the Conven- Mr. PARSONS. Does it not require fift lion a report from the prothonotary of teen members to demand a call of the Greene county, which was referred to the Convention? Committee on the Judiciary. The PRESIDENT. Any membermayrePROHIBITION. quire a count of the House. Mr. HAY presented a petition of certain The House being then counted,a quorum citizens of Allegheny county, praying for of members was found to be present. an amendment to the Constitution pro- LEAVE OF ABSENCE. hibiting the manufacture and sale of in- Mr. BEEBE asked leave of absence for toxicating liquors, which was referred to Mr. Dodd for a few days, which was the Committee on Legislation. granted. STATE BOARD OF EDUCATION. Mr. LAWRIIENCE. Mr. President: I hold Mr. NEWLIN offered the following reso- in my hand a resolution which was relaution, which was read and referred to the ferredto the Committee on Townships, Committee on Legislation: Counties and Borough, which was erroneResolved, That the Governor, Attorney ously referred to that committee. I do General and Superintendent of Common not know what committee it can be reSchools shall constitute a State Board of ferred to, but I am instructed to return it Education. They shall appoint county and ask that the Committee on Townsuperintendents, and shall have super- ships, Counties and Boroughs be disvision of public instruction, subject to charged from its further consideration. such regulations as may be prescribed by Mr. HOWARD. I ask leave to make a aw. statement in regard to that resolution. CONSTITUTIONAN CONVENTION. 759 The PRESIDENT. That is not in order. fled at the suggestion of the gentleman The question is not before the House. from Fayette (Mr. Kaine.) Mr. HOWARD. I understood the reso- Mr. ELrLI. Mr. Chairman: I rise to lution had proceed to a second reading. say nothing on this subject, barring a very The PRESIDENT. There is nothing be- few remarks. It is fashionable in this fore the House. committee for gentlemen to preface their Mlr. HONVA-RD. Then I move that we remarks by the assurance that they do preceed to the second reading of the reso- not propose to occupy the attention of the ~lution. Convention for any considerable length of The motion was agreed to. time, and I will therefore preface my reThe clerk read the resolution,as follows: marks with the same statement. I hope I shall succeed il making good the asserResolved, That the officers of all primary tion. As u cast my eye over the hall this -meetings or primary elections, for nomina- morning, I cant help oberving a grath tion of fooi oemorning, I cannot help observing a great tion of canditdates for office or el-ction of many vacant seats. Even if I had a lon delegates to put in nomination said candi- speech to make, out of pure malice d dates, shall e sworn or affirmed, beffore would not afflict it upon the committee enter upon their duties, to fairly this morning, inasmuch as there are too truly conduct the proceeding3 and fairly few members present to suffer. I oband truly make up the result. And any serve, also, a great many chairs vacant wilful violation of said oath or affirmation shall be perjury, and indictable and punshall be perjury, and indictable and pun- yeas and nays were called, by gentlemen ishable as such. M.PsdtIhv who voted against adjourning to-day. I Mr. HOARD. M. President: I have am sorry to see this. I have nothing to presented this subject to the consideration say in cesure of the motives of any esay in censure of the motives of any genof the Convention at the request of a tleman who Voted against adjourning on large number of our citizens. I know it Saturday but I will say, witho Saturday; but I will say, without being is a subject surrounded with difficulties, c but yet it has received the consideration of misdemeanor, that if consistency be a very many of the best men in the Com- jewel, there are some gentlemen of this monwealth. I do not know that we have onweth. I donot know that we have Convention who do not wear jewelry of any committee to which the subject might that particular pattern. be properly referred, and for that reason I move that a special committee should be In order that I may not be misunderappointedby the President of the Con- stood as I proceed in the desultory revention to take charge of the matter and marks which I have to make, I will state report a plan to the Convention for its that I am in favor of the report of the comadoption. mittee. It is proposed as a measure of Mr. NEWLIN. I second the motion. relief for supposed existing evils. We The motion was agreed to. have had various descriptions from genThe PRESIDENT. Of how many shall tlemen upon this floor of what the evils the committee consist? are that affect the body politic in the State [" Five.',v] of Pennsylvania. I listened with very the PRESIDENT. A committee o1 five great attention to the able gentleman from will be appointed by the Chair. The next Dauphin, (Mr. MacVeagh,) chairman of business in order is the further considera- the Committee on Legislature, the other tion of the article upon suffrage, in com- day, when he aescribed what he considmittee of the whole. ered the actual evil underlying the administration of our present government. He SUFFRAGE:. very ably demonstrated that it was the So the Convention, as in committee of greed of gain-that insatiable greed of the whole, Mr. Lawrence in the chair, pro- man for grasping money that does not beceeded to the further consideration of the long to him, and in ways that are reprereport of the Committee on Suff~ra~ge, hensible-that was the crying evil of the Election and Representation, country. This has been an evil which has The CHAIRMAN. The question is upon existed in every country of which we the amendment proposed by the gentle- have any knowledge. Even in the inman from Somerset, (Mr. Baer,) as modi- spired writ it is said that love of money 760 DEBATES OF THE is the root of all evil, and in profane this country. I am glad to agree with writings the Roman satirist says that the gentleman from Dauphin (Mr. Macthere is no wickedness in the heart of man Veagh.) I listen with great pleasure to that c3mpounds more poisons; and the his argument. Our country is young, great painter of human motives, in our vigorous and lusty, and will substantially own language, must have had this poison mature to a well developed manhood. in his mind when he describes the witches' These evils that afflict us now are such, compound: perhaps, as are incident to every country, "Lizzard's leg and owlet's wing, but it is our duty to mitigate the evils as For a charm of powerfulPtrouble, Like a hell-broth boil and bubble." much as the ability in us lies. The gentleman described this evil as an This proposition to number the ballots ulcer upon the body politic. If I am at and write the names of the voters upon all familiar with this disease, an ulcer is them, I take it, is a step directly in favor a deadly disease, and the gentleman dem- of purity of elections. I would be willing onstrated very ably that it had taken ef- to agree with the gentleman from Schuylfect upon the vitals of the country, and kill, (Mr.Bartholomew,) to strike out the our liberties were being sapped and the word "shall" and insert the word "may, " life of the Republic was in danger. But, provided we could know where the convery suddenly, glancing over the country, templated fraud is to take place. If we he took a more cheerful view of things. knew who it was that would commit the As it were the sun purpling the east, he fraud, precautions could be taken by paints a goodly land, where everything those who were to be defrauded by writwas prosperous and happy and bright for ing their names upon their ballots, thus the future; where he saw Virtue, Liberty securing that purity in such a shape that and Independence, like the three (Graces, an investigation might secure to the prohand in hand, together tripping it down perly elected person the office. But in the coming centuries. And thus we were our experience, in that wilderness of relieved from the great gloom that the Schuylkill, I must confess that I cannot gentleman cast upon the affairs of this soe how this would help us out of the courtry, and presented in the opening of difficulty. We have had in our elections, his address. frauds as often, I might say, as elections When this spectre had passed away for members of the Legislature as promy colleague, the gentleman from Schuyl- posed —that is bienially; but this is cerkill, (Mr.Bartholomew,) told us that there tain, that in the township in whi it has was a greater and more fearfulevil threat- occurred one year it has not been perening the country. He described to us, petrated the next. The thing is with us a in his glowing language, that the monster good deal like lightning-it does not strike that threatens ourliberty and will destroy twice in the same place. If any good our government, is that offspring of aggre- friend who understands what is to be gated capital-corporation. In discussing done would inform the party to be inthe question before the committee, he jured where it is to be done he could take dwelt in detail upon the horrors that this precaution as provided in the prowould attend an open election. He drew posed modification. But we do not know. largely from eminent authors upon the We have never been informed of it; albeit British system, such as Bulwer ajnd Dick- I have heard the gentleman from Schuylens. He described our existing affairs as kill (Mr. Bartholomew) say that he knew in bad condition indeed. He spoke of that "Billy Patterson" would be struck, those who lived under this overshadowing and he knew who was going to strike aristocracy, corporation, as wearing a col- "Billy Patterson." lar as did the bondman, Cedric the Saxon, in Ivanhoe. I could not help thinking, Yet I have no expectation at all that in as the gentleman minutely described the future we will be any better off than we collar, that it; should be inscribed with have been in the past. I have, therefore, Pope's couplet: -thought the provision should be made I am his highness' dog, at Kew- compulsory and obligatory. I, for my Pray tell me, sir, whose dog are you?" part, do not see slaughter-houses staring But, I believe, Mr. Chairman, that a me in the face any more than I do the great and glorious future is destined for death's-heads and cross-bones of the cor CONSTITUTIONAL CONVENTION. 761 porations of Pennsylvania, which the gen- pose, but from all and every one of them tleman held up to our vision. By no the country is in danger, if something is means. He cites instances from the very not done to purify the ballot-box. able and very authentic writings of Bul- Now, I take it, there can be no serious wer and Dickens. He migfht have added argument made against this question. At to those eminent authors the more grave least I have heard no serious argument and authentic description of elections in yet. The question simply of publicity the old country, as described by Mickey has no weight whatever. Free in "Charles O'Malley." Free in "Chales aThere may be a distaste in some parts But I must confess that those gentlemen of the rural districts, to requiring the who see these difficulties in the plan pro- name to be written, but that will very posed are scarcely to be relied upon when soon wear away. It is more in fancy than they deduce from the novels of Dickens fact. But it will be a wholesome condiand Bulwer these facts, deduce stern reas- tion of things in the State if it is known son and logic. In our own country, the that when a man votes he must write his gentleman from Schuylkill (Mr. Bartholo- name, or have it written, upon his ballot. mew) altered his position by selecting an It will have a wholesome effect upon the unfortunate gentleman away down in the rising generation to know that when they south somewhere, of whom I never heard come to exercise this important function before, and perhaps of whom nobody else they will be required to write their names. ever heard here, and may never hear It will be an incentive to them to acquire again. He selected this instance of at least that much education as will enawhere a man voted viva voce for Abra- ble them intelligently to discharge this ham Lincoln, and received, as a reward important function. It will elevate the for his independence, three or four bul- ballot, and make it a thing of intelligence lets in his body. If this is really as -not, as now, a matter in which ballots true as those described by Dickens and are held in the pocket of the window man. Bulwer, why of course we have to take it. while one-half of the voters really do not But I cannot think that the gentleman know for whom they are voting. It will himself was an eye witness to the trans- give greater security to the ballot, and all action. those fancied evils drawn from fiction But these asserted instances are nothing should not weigh a feather in the estimato draw a principle from, and in this way tion of the committee, upon this question. of voting by a number of ballots there is Mr. J. W. F. WHITE. Mr. Chairman: no more publicity at elections than there I have often heard it suggested that there now is. In fact, publicity only comes in is no inspiration in empty benches, and if where a judicial investigation is ordered, I desired to make an eloquent and inand not otherwise. Then, for the security spiring speech, I certainly should not of the ballot-box, for the purpose of pre- attempt it this morning; but, desiring to serving the rights of the people, if contests present simply a few plain, practical should arise, it is of the utmost importance thoughts on the question before the comthat we should endeavor, as far as in us mittee, I may as well try that this mornlies, to enact such measures as will restore ing as at any other time, because, although again to the American people their confi- we may have but a bare majority of our dence in that great bulwark of liberty Convention present this morning, yet I upon which the foundation of our institu- believe we have the working part of the tions rests. I take it we have no more Convention here; and perhaps we are as important duty before us than this, none well qualified for talking and considering equal in importance to it. The confidence as if we had more persons present. of the American people in the purity of In the first place, I do not favor the the ballot has been shaken. Unless it be proposition of the gentleman from Somerrestored and the ballot purified, our coun- set, (Mr. Baer,) the immediate question try is in serious danger, not from any one before the committee. If we requirespectre or another, not from love of gain, and that, I understand, is his proposior the overshadowing power of corpora- tion-a separate ticket for every office, we tlons, as the gentleman from Schuylkill will have at some of our elections fifteen, (Mr. Bartholomew) would have us sup- twenty, and sometimes as high as twenty 7G0 DEBATES OF THE five. alstinct and separate ballots to be of party very tightly, and therefore will voted. Now If you require every voter have the type and paper of their several to write his name on his ballot, or, if he tickets entirely distinct. Now if separate cannot write himself, to get somebody tickets be used and a man who belongs else to write his name and to attest his to one party wishes to vote the ticket of signature, you will require very large the opposite party for one office, he is slips of paper for ballots. almost sure to be detected by the type in ir. BAER. The proposition made by which the heading of the ticket is printed me does not contemplate that on these and also by the color of the paper. But separate ballots the electors should write if he votes the slip ticket, he can quietly their names, but, on the contrary, there erase one name from it and insert another are no names to be on them whatever. without any person knowing whether he Mr. J. W. F. WHITE. I did not under- has voted the entire ticket or not. I have stand the gentleman (Mr. Baer) as favor- done that more that once myself, and I ing the Proposition to put the names on presume other gentlemen in this Conventhe ballots, but that question has beenar- tion have done it, and I can say from t led here. bHe very properly, I think,con- experience and observation, that the syscludes that his amendment is in direct op- tem of voting by slip tickets, where we position to the theory of writing the names have a number on the same ticket, is on the ballots. Still, we might adopt the more convenient to the voter. It enales system of voting separate ballots, and at him more easily to strike out one of those the same time adopt the system of writing on his own party ticket and substitute the names. I am opposed, sir, to both. I another, and for that reason, as well as think we had better leave to the Legisla- others,I am opposed to the substitute of ture the question whether voters should the gentleman from Somerset (Mr. Eaer.) vote separate ballots for every office, or Now, sir, on this other question. As a whether for certain offices they may be member of the Committee on Suffrage united. For instance, I believe at present and Elections, I could not and did not we have one slip containing all the names join in this report requiring every voter of the State officers, then another slip con- to have his name written upon his ballottaining all the names of the county offi- And, sir, I cannot vote for it in the Concers, and so on. Now, my experience is vention for many reasons. I will try to that that is a better plan than separate avoid repeating what has been well said ballots for every officer. and better said by others, and will give It has been suggested here, I think, you a few thoughts that have occurred to perhaps, by the gentleman from Centre, my mind, and that have not been pre(M1r. Curtin,) that if a person desires to sented so strongly, or at least have not throw out a candidate from his own party struck me so forcibly in their presentaand take one from another, he can do it tion, as they impress my own mind. lmore effectively and securely when we In the first place, what is the object to vote by the separate ballot system. I beg be gained by writing the name of the leave to differ with him on that point. I elector on the ballot? We have heard a believe it can be done much more effec- great deal of talk about purifying our tively and securely when we vote by the elections, and about the great good to be slip system, and I will tell you why: accomplished by having the name writI presume we all know that when the ten. Pray, sir, what has it amounted to? different parties get out their party If I can understand it, it can accomplish tickiets, they have them nearly always nothing whatever, except after the ballot printed with different and distinct styles is deposited in the box, and you come to of type and paper. The Republican aise the question afterwards —has there ticket, for instance, can be readily dis- been a fraud perpetrated upon the balottinguished from any other by the type and box? paper on which it is printed-the outside I cannot conceive that that is to have any readily indicating what is within. Par- goodinfluence upon the voter before he deties almost always strive to preserve this posits his ballot. On the contrary, Ibelieve difference. We know the fact that party it would be very objectionable to him. But leaders generally want to draw the reins after the ballots have been deposited in CONSTITTIONAL CONVENTION. 763 the box, when you come to investigate Now, sir, I object'to this provision, even the matter afterwards, and to ask: " Has if it were necessary for the city of Philasome person voted who ought not to have delphia. I object to making it a univervoted?" "Hassomepersonvotedtwice?" sal provision for the' State of Pennsyl"Has some person voted in the name of vania, and I object to it because of the some other person?" Or, " have the elec- annoyance and vexation it will-be to the tion officers, or anybody else, tampered voters themselves. I object to it because with the ballot-box?" I apprehend that of the trouble it wlll give to the officers here is all that can be accomplished by this of elections. It will, Mr. Chairman, be a mode. great burden to the electors. There is no TWell, sir, then I object to requ.ring disguising the fact that there are electors every voter in the State of Pennsylvania in almost every district in this State- who to write his name upon his ballot because cannot write their names, And the plan of frauds that may have been perpetrated proposed is that the elector shall write in a few localities of the State. As a citi- his name, or that it shall be written for zen and voter of this State, I protest him by some other elector and attested against the sweeping charges that have by that other. Now, sir, I venture to say been made about frauds in the elections of that in some districts there are hundreds the State of Pennsylvania. 1 know, sir, of men who cannot write their names whereof I affirm, when I say that these upon their ballots, besides the trouble frauds do not exist generally in this State. and vexation it will be to every man that I have voted in several different locali- votes. ties in my life and am pretty well ac- I speak now, sir, my own feelings on quainted with the county in which I live this subject as a voter. Although I have and the counties adjoining, and I appeal never felt like telling a lie in reference to to the members here-to you, sir, (Mr. my ballot, I never told anybody that I Lawrence,) from one of the adjoining voted for him when I did not, or that I counties, and to other gentlemen here intended to vote for him when I did not from western Pennsylvania, to say intend to do so. I believe, sir, that I have whether these sweeping charges are ap- never lied, nor wanted to lie, to anybody plicable to that section? about how I voted; yet, sir, I confess to Mr. HttZZARD. They are applicable to you that I have voted at times when I Monongahela city. did not want everybody to know how I Mr. J. W. F. WHITE. Well, sir, if itis voted. I apprehend there is scarcely a true of Monongahela city, it is the only man on this floor that has not felt that place in Washington county of which it way, is true. I know it is not true of the dis- I look upon this right of voting by baltricts where I have voted. It is charged lot as a right to guard and protect the that it is true of the city of Philadelphia. voter himself, not because I wish to play I do not know whether the ballot-box in false, not because I wish to deceive or imPhiladelphia is so utterly corrupt, and pose upon anybody, but because I have a every election district so entirely demor- right, as a citizen, to express my convioalized, as some say they are. Some of the tions of what I think ought to be done, or city delegates deny it. I know not who ought to b)e elected, without being whether in every election in the city of questioned by anybody. That is my Philadelphia, from the election of presi- ground, sir. I say I have a right, as a dential electors down to the lowest county voter of Pennsylvania, to vote for whom I or ward office, these frauds are practiced please, and it is nobody's business how I or not. It may be true that in some dis- vote. That is a matter for which I must tricts represented by the gentleman from answer to myself, my God and my counCarbon (Mr. Lilly) and elsewhere, these try. My neighbor has no business to ask frauds are practiced; but I do insist that me, "Mr. White, how do you vote?' nor they are not general throughout the State has anybody else the right to ask me how of Pennsylvania, and it is almost wholly I voted or how I intended to vote, with untrue in reference to the rural districts one exception. If it becomes necessary of the State. to contest an election, and in the contest 764 DEBATES OF THE it becomes necessary to inquire into the there, no election officer or other person, question of fraud, whether the election has any business to inquire of him, "How, officers or others have perpetrated frauds, sir, do you vote? " and it should be found desirable for the Now, believing there is no advantage in public good, and in order to correct any this tlhing except simply as a means of frauds that may have been committed, to detecting frauds that might be perpetraknow for whom I voted, then it becomes ted after the ballot is put into the ballotmy duty to say just how I did vote, but box, and, as that applies only to a few loon no other ground whetever. And I in- calities in Pennsylvania, and is only necessist that this thing of voting by ballot is sary in these localities, I object to'this one of the great and inestimable rights.of "open" ballot clause in our Constitution. the electors of this State; and I do not Why, sir, it seems to me that it is the wish that right to be frittered away; and worst kind of special legislation. I shall I do not wish the men that cannot read object to every provision in our Constituand write to be placed in a position that I tion that applies simply to a few localimyself would not wish to occupy. ties. I want this Constitution to be the I have heard it suggested that if we had Constitution of the entire State, applicathis mode of voting, the elector might ble everywhere, and not have provisions take his ticket home, and in the quiet and peculiar to this locality or to that; for the deliberation of home write his name. So worst kind of special legislation is that he might. But that voter can now take which is applied to all, while intended his ticket home with him, as many of us simply to meet the wants of a few localido, and in the quiet of home determine ties. how he shall vote, then put the ticket in If in Philadelphia or in Carbon, or any his pocket, go to the election poll and vote other locality where it may he necessary, it. How will it be with the great mass of you desire special regulation on this subthe people in the State? - They must first ject, I am willing to leave it to the Legisget from somebody a ticket. They must lature to accommodate them, but I am write their names on that, either before not willing to burden down the whole they leave home, or on the way to the State of Pennsylvania with a provision of election poll, or at the poll, when about to this kind, intended only to meet the nedeposit the ticket. Whoever cannot write cessities of a few localities. Hence I am his name must call upon somebody else quite willing to vote for this-that the to do so for him, and attest it, which ballots may be numbered or marked in places the voter in the power of three or some other way for the purpose of identifour men to.impose upon him, when it fication, and in such manner as the Legiswould be, without this plan, in the power lature may prescribe. I amt willing to of but one now. Of course, if he cannot give the power to the Legislature to do read, he must ask some friend for his this for such localities as require it, where ticket, and after getting it he must ask we may want to correct the evils comanother person to write his name upon plained of; but I am unwilling to put it, when it would be a very easy matter this oppressive clause into the Constitufor the friend to put that ticket out of the tion by which a large number of the way and substitute another for it. voters of Pennsylvania will be substanI can see no advantage on that ground; tially cut off from the ballot. Far better but I object to it, because, first, it strikes leave it to the Legislature than for us to t the ballot itself. I confess I can hardly put in the Constitution a provision deconceive of this thing called an open bal- signed mainly for a few localities, which lot. The very idea of the ballot, as we would be a great burden upon the entire have had it in Pennsylvania since the State. origin of the State, is that of a rolled up Mr. KNIGHT. Mr. Chairman: I do not tieket —a ticket with the name of the can- rise with the view of making a speech, didate concealed, the outside indicating but I merely rise to say that I am opposed what office it is for-and the voter walks to this clause, as presented by the comup and votes by ballot, by depositing that mittee, for various reasons. little slip of paper in the ballot-box; and In the first place, we have voted in this when it goes in there, no person standing State by ballot for nearly a hundred years. CONSTITUTIONAL CONVENTION. 765 In the second place, I find, by examining havior, with fixed salaries. Let them be the Constitutions of the various States of men qualified to fill the position, and have this Union, that there is only one State- their appointments confirmed, if you Kentucky-in which they vote by any- please, by the Senate and Governor of the thing but the ballot. Kentucky votes State. Then we will do away with one viva voce, and gentlemen on this floor can evil. judge, from their knowledge of that State, Another great evil exists in connection whether their elections are better and with the offices of sheriff, prothonotary, purer, and whether the people have more register of wills, and such offices. Some freedom than elsewhere in the United of these positions, as we have had them States. Delaware, Oregon and Indiana here, are said to be worth from $50,000 to vote on what they term the "free and $75,000 a year, and corresponding efforts equal" system, which I suppose means are made to get them. If you reduce the the ballot. compensation for the duties of these offices I do not propose, sir, to answer any of to a salary, giving a liberal compensation, the arguments that have been made on say $10,000 a year, or more if you so please, this subject. But'I think the voters are you do away with that gross evil. as well able in this city, and indeed in The great frauds, in my judgment, do every section of this Commonwealth, to not take place with the citizens who vote, protect their own interests, as they are in but with the men inside the windows, the other States of this Union. I think who are sworn to do their duties faiththe proposed remedy in this case tend fully. The cry about election frauds revery much to demoralize the people, and minds me very much of the country lad it would give the powerful corporate who, on visiting the city, observed a bankbodies of this Commonwealth great ad- ing institution which was made secure at vantages over their liberties. If there are the doors and windows by heavy iron laws required to purify-the ballot-box, let gratings. While contemplating the prosthem be enacted to punish the parties pect, an officer of the bank inqnired of who are chosen to be election officers, who him why he was so keenly observing the are sworn to do their duty, and who are window gratings? " Why," said the boy, paid for their services. These parties are "PI was just thinking how unwise the not compelled to accept these positions; owners of this institution are for putting but if they do accept them, and swear to these thing there." perform their duties faithfully, and then "These things," said the officer; "Why, violate their oaths, let them be punished they are to keep dishonest people from severely, but do not undertake to tram- coming in." mel the voters themselves. "I do not see any advantage in that," It is my impression that, so far as the said the boy, "when the dishonest people city of Philadelphia is concerned, a law are generally inside." that will suit the whole State will suit us If you can cure this great evil comin the city. The guards that we have plained of you will be accomplishing already thrown around the ballot-box are a great deal, but do not take this great very efficient-one requiring a residence ballot privilege away from the people. of sixty days in the district, another re- As I have already observed, I have examquiring naturalization papers to have ined the Constitution of every State in the been taken out a month before voting, Union, and find only one, Kentucky, together with the proposedfurther amend- voting by the viva voce system. In every ment limiting the precincts to not exceed- other of the States they vote by ballot. ing two hundred votes to each. These Whilst I desire to assist the Convention provisions oi themselves will have a very in every proper way to protect the purity great effect toward purifying elections in of the ballot-box, I am opposed to curtailthe city of Philadelphia, and in other ing or restricting the present rights of places throughout the State. honest and legal voters of this CommonThere are, however, other requirements, wealth. other changes, which it would be advis- Mr. KAINE. Mr. Chairman: I have able to make in order to purify our elec- listened with some attention to the retions. Let the aldermen be appointed by marks that have been made upon this the judges of the courts, during good be- question, and I am not satisfied that this 766 DEBATES OF THE proposed amendment to the Colstitution which nothing can be stuck, and they would be an improvement. print the names. so close together that The single and secret ballot has been there is not room, if you erase one name, voted in Pennsylvania since the adoption to put on another instead. " Ring" tickof the first Constitution, in 1776; re-en- ets of this kind are gotten up. Nominaacted in that of 1790, and retained, exact- tions are made, and tickets gotten up by ly as it had been, in the Constitution of those who manage elections; and while 1837-38. The single and secret ballot with there might be good persons on themwhich our people have become familiar is men that possess the confidence of the the simplest and best in my opinion. The voter-there may be others that are not act of 1866, that provided for a different in that position; and a voter is compelled, manner of voting tickets, was an innova- if he votes at all, to vote for all on the tion upon th3 old system, and the act of ticket. But give us the old plan of a sin1869 was a further innovation. I am op- gle ticket for every office, and a man could posed to trammeling, in any way, the then vote for the man he deemed best fitright of elective franchise; still I will go ted for the position, and it can be done as far as any gentleman upon this floor to quietly and no one will know anything in surround it with guards that will protect regard to his vote except himself. its purity. Much has been said about frauds upon the ballot-box, some of wd hich That is the reason why I prefer the sinI have no doubt are well founded, but gle ticket. It was an innovation on the they cannot, I am sure, be prevented by time-honored custom of Pennsylvania an amendment to the Constitution, such when these changes were made. Under as this section reported by the committee. the old plan we had no frauds, no ballotbox stuffing, or anything of that kind; The report of the committee would be, a and it is only since we got to making, I think, a violation-if not of the letter at these new rules that frauds have been least of the spirit-of the Declaration of committed. Rights, that "all elections shall be free and equal." You compel voters in the coun The act of 1869 put all elections together, try, where there are five or six hrun~dred the spring and the fall elections all in one. votes polled at a single place-a school That was found to be utterly impracticahouse, if you please —without any facil- ble, and the spring elections have, thereties for writing, and not a dwelling, pel- fore, been separated from the fall, and put haps, within a quarter of a mile of the back where they were before. We have, place, to write their names on their tick- fortunately, adopted a provision for the ets. It would be impossible to carry out regulation of this matter hereafter. But the provisions of this report of the com- that act of Assembly contains forty-three mittee if put into the Constitution. sections, twenty of which only apply to Under the act of 1866 you will vote gen- the State of Pennsylvania, and twentyerally five ballots. Now if it is required three apply to the city of Philadelphia. that a voter shall write his namlle upon That is the law under which the elections every one of these, and that that signa- in Philadelphia have been held since that ture shall be attested by some other voter, time; and it is under it that these frauds who is not an officer of the election board, have been perpetrated. it would take several days to get through There has been a great deal of talk with an election under a process such as here about "rounders," "repeaters" and this. Why, sir, it would deter men from ballot-box stuffers. I do not exactly know going to the polls; it would deter them what they mean. I suppose, however, from exercising this great privilege which that a "rounder"' and "repeater" are the has been so much talked of; fraudulent same thing; that a "rounder" is one who voting, which the amendment now pend- goes from one poll to another and votes a ing is intended to prevent, is not so likely hundred times or so during one election to be indulged in under that system as day, and a "repeater"'is the same thingthe other. Why, sir, I am told that they a man who goes around and repeats, have now got to printing tickets in such votes for A here and A there, and so on a way as to make it impossible to alter or until he has voted in all the precincts of change the face of it. They print them the city. As I understand it, the propoupon some kind of slip, otapaper upon sition now before us has been introduced CONSTITUTIONAL CONVENTION. 767 with a view of preventing these outrages. nanion with them who was ready to hold It might result beneficially in that regard; the stakes and run away with thenm, whom but, can they not be prevented otherwise? they called'Squire Jones. They told Where are your election officers? Who him that'Squire Jones would hold the are the men that perpetrate these frauds? stakes. "Yes," said he, "but who the These rounders and repeaters could not devil will hold'Squire Jones?" So itn do it unless they were aided by the men this case; you may mnake all the guards, who had been put in office, sworn and as you suppose, around the ballot, but paid to do their duty. They are the men who is going to hold the election officers. who are guilty, because they are responsi- Ilow are you going to prevent them from ble for the frauds, and, indirectly, the doing this mischief, because the truth is cause of themr. Is it possible, that in a that there is the difficulty. Is it possible precinct where there are two or three hun- that there are not honest men enough in dred persons to vote, that five gentlemen Philadelphiato hold their elections? They will be selected for their ability and their got up this peculiar system-whether for integrity as election officers-a judge, two good or evil-in 1869, called the registry specters and two clerks, who would not law, and it has worked badly. Every know the voters of that precinct or that year, for the past two or three years, there district? Thev are the men who per- has been an application made to the Legpetrate the frauds. They are the men islature of Pennsylvania to repeal or alter who take out tickets and put in others. that law, but it has always failed. An How are you,to prevent that? Will this effort is now being made by Col. M'Clure provision do it? I think not. What is to change it. I have before me a copy o-f toprevent these election officersfrom add- it. It is a very long act, it is true, but lug name after name and number after not as long as the act of 1869. So far as I number to their tally lists, and number- have been able to look over it, I think it ing the tickets accordingly, and placing will go very far to prevent the perpetrathem in there when they are not voted at tion of frauds by these election officers. all. t-low are you to prevent the greater You must begin deeper down; you frauds that have been perpetrated here? must go farther back than the an instance of which we had at the or- and the "repeater." The gentleman frolx ganization of this Convention,' by two Philadelphia, (Mr. Knight,) and men of delegates claiming seats, from this city. z:1yt'L~I~J *LL-,V his stamp, must pay some attention to There the fraud had been committed after these election officers. If you place five the votes had been counted, after the honest men in the board I have no doubt tally papers had been made out, after you will correct the evil. It you get honthe whole return had been filed. The ithe whole returnhadbeenjd g, leduy The est men who live in the precinct-a judge, unfaithful return judge, whose duty it two nsectors and two clers- think it two inspectors and two clerks-I think it' was to take these returns to the place would be utterly inpossible, I know it where they were to be counted, altered would be, in our county, for anybody to the figures aid changed the result. How perpetrate a fraud upon that election are you to prevent that? This amend- board. I cannot conceive how it is possiment will not do it. It is very wvell to hbl that five intelligent gentlemen, setaflK about these ",rounders" and "reptalk about these a rounders" and " re- lected to hold an election in a precinct in peaters." They are one party to the Philadelphia, where there are only two or frauds, but they are the less evil of the three hundred voters, could not detect two. It is the election officers who per- everv fraud that was attempted to be perpetrate the great frauds. petrated. This subject reminas me of an anecdote that I once heard of John Randolph, Mr. SIMPsoN. I would say to the gonxwho was at a horse race. Some jockeys tlernan that I had occasion once to invespresent knew that he was fond of that tigate a contested election case in the kind of sport and of betting. They went country, and it was proved that one ofiato him and asked him if he did not want cer out of five cheated to the extent of to bet upon the race. He told them he getting forty-nine fraudulent votes into would bet, "but," says he, "who will theballot-bo. hold the stakes?" They had a com- Mr. Bovr. In what county was that? 768 DEBATES OF THE Mr. KAINE. I have no doubt that gen- Mr. MINOR. Mr. Chairman: Listening tleman had learned those very tricks from to this discussion, sir, I have endeavored some person skilled in them in the city of to pay the closest attention, in order that Philadelphia. I do not pretend to know I might receive light for my own vote, the corruptions in Philadelphia. I know and be able to have a reason for the faith there may be sone corruption in different that I might adopt. The result of that parts of the State; but the great cry that listening is, that I feel we must come has come up has been from the city of back to the place from whence we startPhiladelphia, and that cry has been for ed-like the first dove from Noah's ark. the correction of the evils that have be- We have not been able, as yet, to find a come so overpowering. If the citizens of place upon which we can rest the soles of Philadelphia cannot protect themselves our feet. We m'ust come back to the profrom these rounders and repeaters; if vision of our Constitution as it now they will admit, as they have admitted stands, or that which is equivalent to it, on this floor, that they are entirely pow- the amendment suggested by the gentleerless in this regard, I will vote to put a man from Cumberland (Mr. Wherry.) provision in the Constitution that the cit-& Now, sir, as briefly as possible, I will izens of Philadelphia shall be entirely dis- give you the reasons for my belief. franchised, and that they shall not vote FZrst, as to the report of the commttee: for State officers at all. But I do not be- it is admitted if that report is adopted it lieve it. I believe that the people of the will necessarily destroy what is termed city of Philadelphia are capable of pre- the secret ballot. It is claimed for it, on venting these frauds. There cannot be the other hand, that it will prevent, or any doubt about it. largely reduce certain evils that have beI am opposed to the report of the corn- come prominent in this State. Now, sir, I mittee. I am in favor of the amendment do not propose to deny that there is any of the gentleman from Somerset, (AMr. virtue, whatever, in that provision. I will Baer,) because it is getting us back to not undertake to say that, if adopted, it good old limes, when we had no frauds. will not reduce, any evil or promote any I do not like to hear of these charges that good; but I must not stop there. It nay, have been made about the frauds in the perhaps would reduce rounding, repeatelections of the State of Pennsylvania. I ing and stuffing; but that is, byno means, do not believe that the people of Pennsyl- all it would, accomplish. Let us see it;, vania are any worse than the citizens of while it shuts one door, it does not open our neighboring States. I believe that another to, at least, greater evils and we are just as pure and just as perfect as frauds. The gentlemen who have spoken they are. I have no notion that this cor- upon this subject have confined tlemll-:ruption exists to the extent it has been selves to the inside of the ballot-box, complained of on this floor. I do not and all the evils that they have rethink we need such a clause in the Con- ferred to have had their birth and exisstitution as this reported by the commit- tence there. We must look outside. It tee. I think it will be an incumbrance. is well enough to look inside, but we I am sure it would be in the country, and must see what is being done outside, and I am satisfied it would be in Philadelphia. know where we leave the voter, for unLaws can be passed by the Legislature less we leave the voter in proper shape it that will prevent the frauds here corm- is of no account what vote may be inplained of. I, for one, desire to see placed side. Is it not true that when you comin the Constitution some alterations and pel a nman to vote an open ballot, as is some amendments that have come to be now proposed, that you place the voter in necessary with the growth of our State, but I do not want very nmany of therm. I just this position? If, in the first place. prefer the Constitution of Pennsylvania there are two men, personal friends of to-day, as it stands, to the Constitution of his and he is made to choose between any other State of the Union. It is a better them, and he expresses his choice openConstitution than that which has been so ly, as he must, in nine cases out of ten much talked about and sought after, the he makes one of those his enemy, perConstitution of the State of Illinois. I do haps for a life time. It will give rise to not want such radical changes as the one jealously, to opposition, to slander; and proposed by the report of the comtnittee. there are very few men-while it is true CONSTITUTIONAL CONVENTION. 769 that there are sotne-whoi will incur the be a dead:narch or whether it be Hail to risk of the enmities and hatreds,of the ill- the Chief, in the hour of victory; but wvill and slander and opposition that xwill there are thousands of honest voters thus be incurred. Sooner than do it throughout this Commonwealth who dethey will abstain from voting, and what sire to vote, and who have not the courwill be the result of such a course? There age which these men possess; and we are are hundreds of men, yea, thousands in making a Constitution not fo)r ourselves, this State, when you compel them to but for the thousands and the rnillions reilake known their vote, who will say, "I siding all over this State; we must then will not vote at all: if I alone am to in- apply it to thern. I will not enlarge upon cur displeasure and suffer; I will not that point, but I believe these evils will vote at all." So that while you are en- be encouraged by such a provision in the deavoring to protect the vote after it is Constitution. They exist, and we cannot put into the box, you are preventing the get rid of them without a terrible strughonest voter front casting his vote at all; gle, and others will spring up greater I will not enlarge upon that. I suggest than those which now exist. to members that they reflect upon the Then, again, this is a new movement. practical effect of' this provision upon Where is the experience, in the wide that class of nmen. Now, sir, add to that world, upon this subject, that can give us this further consideration; Where a man any light upon it? Has any State that is compelled to make known his vote, has had an existence in modern historyand how he votes, he will be spotted by tried this method of writing names upon the dangerous classes of the community. the ballots, and having them witnessed? There are men xvho have beetn mean Never. It comes to us new, untried, un — enough, in other States of this Union, sanctioned byany experience, or even by' within the last ten years, to have spotted the opinion of political writgrs; and yet,. the honest Union voter to the risk, many if we put it there, it lliay, instead of provtimes, of his property or his life, and who ing a means of liberty, bIe a chain upon knows what may occur again in the fu- our hands; it may be a mill-stone aroundture? when we take into consideration our necks to sink us on account of the' all the facts, the nature of these various evils that it will promote, in comparison influences and means to drive away from with those which it will destroy. Gentlethe polls the men who would vote heon- men have seen the force of this, because estly under all circumstances, then, sir, there are some who advocate the report of' you will have left your franchise, simply, the committee in a modified form, and in the hands of the roughs, if you adopt say that we must accept it, but we mnust this measure. It is putting a premium have it secret, and hence they say, let the upon intimidation. It is holding out an election judges be sworn to secrecy. inducement to brirog to bear influences Does not everv Iman know, although a upon individuals so that they shall net juror has no business to reveal the secrets coline and vote. I repeat, sir, that we of the jury room, you can always learn must look at it in a practical lilght, and -5 t' them? Does not every man know that while we would protect the inside of the whenever an election is going on and a ballot-box, we must see to it that we do challenged voter is taken inside that the not prevent the honest voter from corning xvitnesses are there, and the attorneys and up and casting his vote untrammelled upandcastin hisvoteuntrammelled clerks with their tally list, and it is posby fear, and uinfluenced by favor. sible, by a wink, a nod, a hint, a mark, orIt has been said by the gentleman from by anything, to make it known-in fact Philadelphia, upon my right, (Mr. Simp- it is utterly imlpossible to keep it secret? son,) and the gentleman from Allegheny, As well mtight you undertake to swear a upon my left, (Mr. Howard,) that we rattle-snake, and say that.he would not must require our citizens to come up and bite because you had administered an vote openly, and if they are not willing'to oath to him, as to expect secrecy from (do it they must be trained to it; that these some of these j udes of the election, bemembers themselves are willing to do it. cause they had been sworn. There are I doubt not that these gentlemen are will- plenty of ways of learning all these things. ing to face the music, whether that music If the ballot is to be in this form it will 49 770 DEBATES OF THE be open, and swearing the election board cannot, by the insertion of five lines or will not help it, because you can never twenty lines into our Constitution, proprove it upon them. hibit all the present evils and prevent TWhat is the next modification that has future evils fromn existing in this State. beensuggested? Itisthat electorsshould As good as the provisions may be, we voteviva voce. Itisclaimed by some thate evils. If I laybealthis form will do away with the great ex- lowed to express myself in the language isting evils. 3Men should register and be that a humorous wag once used, "it is ac numbered and vote viva voce. Iwilladmit great deal easier to foresee afterwards that in some places, and in the hands of than it is beforehand," and I think we some men, that would be a very wise pro- can foresee ten or twenty years after this vision, but I will dispose of this point by the evils that may then exist easier than a single illustration. The timewaswhen we can now. the leader of the Philistines came out to Passing over all these matters, I will defy the hosts of Israel; and when young simply say that if we adopt some of the David went forth to mleet him, all ex- measures which have been proposed we cliimed to himn to take the armor and will, in some respects at least, hamper sword of the man who stands head and our future legislation. shoulders above the people anrid go forth I have no doubt that in the future, as in to meet this enemy of the Lord's hosts; the past, the fiauds which are attendant and the young warrior tried them on, but upon government will have their name he said they were not adapted to himn; legion. The shapes thatthey willassunme they had not been proved, and he laid will equal in variety human passions and them aside; and what was the result? hutnan frailties, obtaining their individuAlthough he declined to use the armor ality from the circumstances and the surand the sword of a king, yet he went forth roundings of the people amongst whom and slew a giant. So I fear that if we they will originate. We know not what take this armor, although it may be the shape they will take, we know not their armor of men who stand head and shoul- number, we know not the form, we know ders above us all, yet when we go forth not the thousand devices that interested to meet the giant fraud in this State the iniquity in the future will suggest as armor in which we shall be compelled to means of escaping any provision that we be clad will prove only an enculnbrance caninsertinthe Constitution. Thisbindand a hindrance, instead of a defence. I ing the Legislature hand and foot for the therefore dismiss that subject. next twenty-five years, as is contemplated Then again it is said that we must adopt by some, may be a source of great inconthe amendment of the gentleman fromn venience an( annoyance. Somerset, (Mr. Baer,) which provides There are many plans with merits in for a single ticket, and which has been them. The method which has lately been advocated most eloquently by the gentle- adopted in England, of the government man from Fayette (Mir. Kaine.) It has printing the tickets, is a subject worthy of its good points, and yet it has its evil consideration. The tickets are there points. Frauds have been committed printed upon uniform paper by the govunder it. I myself have seen great evils ernnment, and contain the naines of all arising out of it, independent of frauds the candidates on all sides. The voter themselves. It is not practical at all takes the ticket, looks over the names, times and under all circumstances. Like and makes a check-imark opposite those the system of what is called slip tickets, for whomn he desires to vote; the ticket is it has a great many points about it that placed in the box, and only those which are good, and a great many that are not are checked are counted. This method good. But I will leave the Convention to has been adopted in England, where they decide between the arguments of the gen- have had a great deal of observation and tlenman from Allegheny (MIr. J. W. F. experience on the subject of elections. White) on the one side, and the gentle- We may wish at some future time to nman from Fayette (Mr. Kaine) on the adopt the same method, or we mnay need other. I will not undertake to decide be- something different, and hence we should tween them, but I will suggest that we be careful how we adopt any of these CONSTITUTIONAL CONVENTION..771 amendments, any one of which, in my ty; that the remedy cannot cure the disopinion, will be ineffectual in curing all ease. Every one who has spoken upon the evils that may come upon us. this subject has said, in substance, that Finally, our business here is to make a in the rural districts there are no frauds Constitution that will serve as a linlita- of any moment, and that all the frauds of tion upon the powers of the Legislature any magnitude are committed in the great and the people, and not as a means of cities. Now there must beareason,which conferring power, for that they already arises from the people themselves, and possess. If we insert this report of the not from the machinery of the election. committee into the Constitution, or any The machinery of election that is now amlendmenntt to it that lhas been alreadv provided, if it were carried out, and if the suggested, the important question arises provisions of the law mere enforced,would wt it wsecure a just and fair election, if the peowhether it will not tie up the hands of the ple themselves took the trouble, and were Legislature so that it cannot provide for sufficientl interested in the details of other methods, should the necessity for s nnt to assert teir rights. them arise. At all events, whether this And I take it, sir, that terein lies the postin.sel' it is And I take it, sir, that therein lies the position is well taken or not, it is true iseasend this reed is not even ithat it does tie up the Legislature, so that reted tars the real evil. It is dsl reeted towards the real evil. It is well it cannot pass any 1 aw which will be inknown by every one upon this floor, fronm consistent with or contrary to that provithe city of Philadelphia, thiat in general sion. Insert any provision that has been society, amnonust our friends, it is not even suggested here, and you will tie up the Z-1t~~~~~~'considered polite to allude to political Legislature to t hat provision as a part of subjects. their law. They cannot do anything conThere are two great classes of the cointrary to it without violating the Constitulion. Hown much further to limit themri I munity, those who are occupied throughwill not undertake to say, but to that ex- out the day in labor and toil, those with tent will the limitation goo. greater mreans, and hmore comforts, and opportunities for luxury and pleasure. Now suppose that in the course of NeW the vast majority of the people beevents it should be found necessary to long to these two classes. The time of longs to these two classes. The time of adopt some plan, and some plan should adopt- smpnadoelone class is, to a great extent, occupied in be discovered, which would be effectual amassing wsealth and enjoving pleasure as a remedy to some evil, and a provision a. a n p as a eretedy to sonie evil, and a provision and the other class with the stern necesinserted byv us in the Constitution shouldsi sity of providing, from clday to day, X1 stand in the way of its adoption, what the actual requirements of life. Neither would be done? class, in thris city or in any great city, at [Here the hammer fell.] this time, devotes any real substantial Mr. NEWLIN. Mr. Chairman: I shall care and thought to the details of selfvote against this part of the report of the government. There is, unfortunately, a committee but for a reason which I have third class, which does devote both tinie not yet heard given in the debate which and energy to the details of self-governwe have had on the subject. The principal ment, and that class has produced all of objection which Ihave so far heard urged the political evils under which we are is in regard to the secret ballot. There is a now laboring. Therefore, it seems to mle diversity of opinion, as to whether the that the remedy is with the people thel~mprovision will or will not do away with selves; and untri the great mass of the the secret ballot. I do not propose to people, earnestly, and as thinking men, touch upon that, nor upon the main ques- take an interest it politics, and see to tihe tion of the secret ballot, whether a mall details of their own self-government, you should vote as a man, and like a man, or can have no substantial reform in this diwhether he should, as has been said be- rection. This proposition, though seemfore, sneak up to the polls and drop in his ingly good, does not reach the disease, ticket, shielded by secrecy as to his real and it will effect no real substantial benmotives, and as to what he does as his efit, and therefore had better not be part in the work of self-government. My adopted. reason for voting against this proposition M'r. HIAZZRD. Mr. C(hairman: It is this: That it does not reach the difficul- has given tre great pleasure to hear that 772 DEBATES OF THE there are no election frauds in the coun- and wherefore, if I saw fit, the report was try. I was glad to hear members froml made otherwise. Allegheny say there are none committed Mr. HAZZARD. I do not know anyin the city of Pittsburg, and to hear Iny thing about it, only it was reported that friend from Fayette (Mr. Kaine) say that there were fraudulent votes in the cgentlethere are no election frauds in his coun- man's county and in Westmoreland county. They all belong to Philadelphia. ty; whether it was so or not I (do not Mr. KAINE. Not all. know. I presume that there are honest Mr. HAZZARD. Well, most of them. people in Fayette county and all throunhI am glad to hear it, because it argues out the country, but they are not all honthis to mle-that these honest people go est in WVashington county. Is it possible up to the polls, cast their votes honestly that all this hullabaloo about fraudulent and go away, suspecting nothing wrong. voting is moonshine? Is it possible that Now the chairman of this committee I have been ntistaken all this timne? Is knows very well, and I wish to say here it a fact that all the newspapers in Philathat he is about as vigilant to see that an delphia and throughout the country, all election is conducted fairly and honestly over the land, have been daily filled with as he is to see that his own party vote is reports of fraudulent votes, and now it entirely polled, that in our county of turns out that it is all a myth? As the Washington-and I believe that the boys used to say at school, it is a goo~( whole State will say for us that we are sign of a duck's nest when you see a d rake about as honest as the average voter- on the woodpile. [Laughter.] Perhaps even in the little township adjoining the it imay be that the gentlemen froin Fayvillage in which he resides, while he was ette and Allegheny are unsophisticated,. standing at the polls with all his argus but they certainly are mistaken. In eyes and with all his anxiety that the en- every case where there has been a contire vote should be polled, and polled tested election there hlave been frauduhonestly, a thimble rigger, equal in skill lent votes discovered. I was astonished to anybody you can turn out in the city to hear the gentleman from Philadelphia of Philadelphia, elected a comnmissioner (Mr. Simpson) say that in one case alone and a prosecuting attorney just as easily there were found forty-nine fraudulent as he could snap his fingrr. Still there votes, and this, you must bear in laind, is no dishonesty in the country! I am was in the country —" the honest rural glad there is none in Pittsburg and none districts!" This proves to mne that per — in Fayette. Mr. Chairman, how did it haps it was a mistake. turn out a few years ago when there was They say there are fraudulent votes in a congressional contested election in that Philadelphia. It is their own fault. district? I believe in every township in There are enough honest men in Philathe gentleman's county, and in every delphia to control their elections honestly township in Westrnoreland, the adjoining if they wish to do it. These men that. county, there were found to have been cast the illegal votes are not the rascals dishonest votes polled t How does it turn that do the mischief. It is the honest out in all these contested election inves- people. Why? Because they do not tigations? Have we not heard froml the pick out men who will hold the elections gentleman from Philadelphia (Mr. Simp- honestly. Look at that old gentleman son?) who witnessed the extraordinary vote Mr. KAINE. Mr. Chairmlan: I rise to thatw-asgiven for President lastfall. He explain. The gentleman is- entirely is honest and he ecast his vote honestly mistaken when he says there were frau- and went home; but he found out theredulent votes found in the contest between was a vast majority. Some said it was a. Foster and Covode in Fayette county. fraudulent vote. I-le deplored it very There were a few-a very few-fraudu- much, but he rejoiced that his party was lent votes found in one or two townships suecessfuJl and he sat back in his easv of that county, but not enough to amnount chair and bore the great outrage upon the to any considerabie number. I merely ballot-box with great christian resignarise to make that explanation here and tion and fortitude, and he will talk to Ilis now. I could tell the gentleman why grandson about it and say it is a terrible CONSTITUTIONAL CONVENTIOXN. 773 thing, but, like Uncle TobN's recording how that man voted. With the number angel, in the story of Tristramn Shandy, it would not be so easy. Let the tickets he will drop a tear of sorrow upon the be numbered, and the election officers page and blot it out forever, and stay sworn to secrecy, like a grand jury. Supaway from the election when the election pose a ticket be numbered 301. The numboard is to be chosen. ber will be as good for the purpose of deI do not like this part of the section tecting fraud as if the name were written about writing the name upon the ballot. on it by the side of the number. But It is too cumbersome. Ink and paper when the officers are counting the votes, and facilities for such a thing around the if sonlebody asks who voted 301, it will p)olls in the country are not first-class. require the clerks' tally list to answer, Two years ago, when State and township and that will be too much trouble to refer elections were held together, those who toall thetiine. The ilarlehastobe given voted the full ticket would have been at the window anyhow, and identification required to have written twenty-one takes place there. If a man cornestovote names had the proposed syster, been in as John Stmith in our city, we know practice. There is not timne to do it. It whether he is John Srmith or not, and is a cullbersore and inconvenient thing, whether too mlany John Siniths have an( I think we ought not to adopt it.. voted or not. Fictitious persons may Now about this single ballot. represent citizens in some localities, but It mav be in the eastern part of the they could not with us. We know when a man offers to vote whether he is the State that the laboring men vote at the a ma offers to vote heether he is te direction and dictation of their bosses,e he gives or not. W but it is not so with u.Q. When the bossesof the ran and the name at the window. What more do come to the polls they have their own we want but to number the ticket before votes, no more. The men whom they employ cast their votes without restraint, it is dropped in the bo? and if they are influenced by their mas- It will answer every purpose to put a ters, it is that they vote against and not on it and savetheinconvenience width thlerm. This dictation by employer of writing a name in addition. The numto ermnploy ed mlay be true in sormre depart- ber will go into the ballot-box, and if irments of the State. But I live on the regularities occur and it is desirous to banks of the beautiful Monongahela, and correct them, the box can be opened and when a steamboat comes into the landing, the ticket referred to, when the nimber crowded with mIen on election day, they will be sufficient to identify it. I think will jostle their bosses, anrd as they go to that this is about as it shouldl be. If the polls tell them that they intend to guards are needed for the protection of vote against the insuch is th te prit of the ballot, the n beig case in tile mining regiorns, and perhaps of the tickets will afford all the protection there is a reason for it. If a master says necessary. Identification will be siven to his ineu that they must vote the ticket by the nutbers, wlile it would be to he gives them or be discharged, the men manv a serious trouble to be compelled know that he is not the only employer in to write a nate on a ticket, and many their district. Thev will say to hil: "I rore could not do it at all. will not vote with you, and if you dis- Mr. CASSIDY. Mr. Chairman: I have charge me, I will go to the next mnine and not, heretofore, been willing to trouble work for the boss there. He is of my the House with remarks upon any of the politics." subjects that have been presented to its As I said before, it is embarrassing to consideration. But, as I am mlainly rewrite a name on a ticket. We cannot do sponsible for that portion of the report of that. We ought not to do that. But we the Colmlrittee on Suffrage which has can put a number on a ticket, and that elicited this discussion, I feel bound to will nrot destroy the secrecy of the ballot say a word or two in vindication of my so much as the writing of a naine would. course. Election officers are curious, and when I understand the great purpose of gaththey are counting the vote, and comne to a ering this Convention together was to enparticular name, they will want to know able us to 6d that which nmy friend and 77 4 DEBATES OF THE colleague fronm the city (Mir. Newlin) Not being able to secure the adoption of complains is not done, that is, to afford a that plan, in the committee, I desire to reason and a justification for the decent go as near to it as possible, and therefore people of the land taking part in public advocate the present plan. I am glad to affairs. The treat step, or rather one of be told by the gentlernan from Washingthe great steps, in myjudgmnent, to enable ton (Mr. Hazzard) that the purity of the people to do that is to satisfy every elections was not entirely unknown in citizen that when he deposits his ticket at the country. But I venture to say, evenr the polling place it will go into the count without his assertion, that the "slight irand be some evidence of the expression regularities8" that mynv friend from Philaof his will in relation to public affairs and delphia (iMr. Knight) characterizes as public matters. Hitherto, I regret to say, existing in many of the election prefor many years past, that assurance we cincts in this city are not unknown to our have not been able to give to every citizen country friends. I thought that the and to every voter. wanton and wicked violation of the elecI confess, Mlr. Chairrnan, that I am not tion law was not confined to the cities. I nmuch impressed with the remarks made had some knowledle of the county of by gentlemen upon this floor; that I beg Washington, and of the county of Schuylleave to say, with great respect, that many kill I have heard of the county of Alleof them sounded to me somewhat sopho- gheny and occasionally of Somerset, il morical as to the sacredness of the ballot. contested elections, that reflected no I do not understand what there is sancti- great credit on some of the people there; fled or sacred about the ballot. Its sur- and, occasionally, I have heard in the roundings have been far from holy, its same category of Luzerne and Bucls. comipanionship more than doubtful, and I might go on and name nuibers of it has not even the sanctity of any very other counties that have fiRred in the great age about it in this country, and for various evidences, which have been ofusefulness, I undertake to say, the expe- fered to the people of the country, how rience of the last twenty-five years has elections are managed in Pennsylvania, shown it to be an absolute failure. It is so that it does not do to stand up here only a means adopted by our forefathers and say that this is an effort, sjImlS, to and predecessors for the purpose of ascer- purify electionsinPhiladelphia. Itisan taining the will of the people. For a quar- effort made to conduct elections throuth terof a century, it may be safely asserted, out the Commonwealth, so that all men it has failed in its purpose. If it has not may be satisfied with the result. enabled us to, and clearly, ascertain the WN-hat harni can come of adopting this will of the people, it ought to be stricken plan? Let us in the first place see, BMr. out of the law, and we who are gathered Chairman, if there is any secret ballot here to make a rule for all tilme to come, to-day. It is a nice thing to talk about, or until the advancing civilization of the and it gives our friends an eloquent times compels us, or those who come chance to declaim in rounded and beautiafter us, to still further advance in accord- ful sentences; but is there, in fact, any ance with the spirit and enlightenment of secret ballot? Is there a mIan upon this the age. So far as I am personally con- floor who does not know in his township cerned, the system that I would adopt or in his election district nine-tenths of would not be, perhaps, the viva voce plan the voters, and how they vote at every of my friend, the gentleman from Phila- election? Why, certainly not. Do not delphia, (MIr. WVootdward,) but T would we all know, as a practical matter, that adopt the plan of requiring every voter in order to enable the man with tile winto present an open ticket, so that it might dow book of each party to keep his acbe seen and known of all men for whom counts, to know how to tally his vote and he voted, and the ticket itself could be know how to send for this man who has kept as a voucher, in order that it might neglected to vote, and that man who is be used as evidence for or against that away; how to bring up his voters, that he vote when the time for investigation is furnished with information of how comes. each iman votes, and all the parties so CONSTITUTIONAL CONVENTION. 775 arrange their tickets on election day that when he gets to the polling place it is not the headings indicate to the men at the simply going up and taking a ticket front window exactly how the vote is being somebody, simply because he is of his polled? There is practically no secrecy party, and putting it in the window and about it. But if there were entire secrecy walking away. He must stop long enough about it and we have found, by experi- to write his name, and therefore he must ence, that persisting in this ballot enables think about the exercise of this great people to commit frauds upon the elec- right, and the more he thinksabout it the tion, our duty is to do away with it. Is more he will be liable to exercise his it not discreditable to be declaring in power wisely and for the benefit, of the favor of a secret ballot when all you can conammunity. say of it is that it enables the citizen What more will come of the adoption whom we are in the habit of talking of this plan WVhy, you stop this syster about here as a freeman, armed with the of cheating inside, which has been done gl. rious panoply of American citizenship in various ways. For-example: An heonand all that sort of Fourth of July ora- est voter walks up to vote. He hands his tory that we indulge in from timie to time, ticket in, in various localities of the city that this power of secret voting enables of Philadelphia; and I beg leave to sayhim simply to do the cowardly thing of that these frauds are not confined to any cheating sornebody about his vote. That particular party. There, are men in my is all that can be said about it. That men party, as there are mien in the opposite who are entitled to vote are so weak or so party, who do this thing. A man walks fearful of the great privilege which somne- up and hands his ticket to an election offibody has characterized as a great social cer and turns from the window, and, as right, and others as a great natural right, he turns away, the ticket is dropped, and and others as some other kind of a right, an entirely'fferent one is lput into the that this American freeman, whomn we ballot-box. That is an old practice, conare talking about so constantly, is afraid of stantly and repeatedly done. If that is exercising this almost God-given right done by the election officer, and you open like a man, but to exercise it covertly and the ballot-box and there is no ticket there in a way that none may know how he ex- with that voter's name on, written by hint ercises, or even that he exercises it at all. or his witness, the conclusion is inevitaWVe have grown far bevond any such ble that a fraud has been committed, and sentiment. We are here to adopt a plan it points directly and unerringly to. the for recording the will of the people. The nian who committed the crime, so. that secret ballot, as heretofore exercisesd, has we may promptly punish him. failed, and this amendment enables us to That is not a single instance. That has arrive at more reliable results. occurred in hundreds of precincts in this It is proposed that each elector shall city, and I will venture to say it has ochave his ticket numbered, and he shall curred in hundreds of precincts throughput upon his ticket his name. The effect out the State. It is not a question merely of that, in many respects, is to require the of contested elections, either; for when a voter to do a little thinking as to the se- judge of an election, or an inspector, derious and important act he is about to per- posits a ballot, he knows that if that box form. He will either prepare his ballot upon being opened, and the ballot is not at home, and if he does he will consider found there, having upon it the voter's that which he is about to do, or he will pre- name, that he is liable to detection and to pare it at the polls,where he also must stop conviction and punishment; and he will and think before he casts his ballot. If not dare to exercise any of these frauduclhe prepares his ticket at home, he will lent practices, and it is an additional safethink: "Are these names on this ticket guard thrown around the ballot-box. the proper men to be voted for?" "Are ~What is another source of fraud? It is, these the men that I ought honestly to that after you have polled the vote, and cast my ballot for?" "Are these honest, after the votes are counted, a conspircompetent and capable men?" He will acy is entered into, not only in the prethink about that in the quiet of his home, cincts of this city, but we know from what as he sits down to put on the ballot his has been said here upon this floor, in huinname. And if he does not do it at home, dreds of precincts throughout the State, --- -~ -I -I - ~I "-"`C V C n I 776 DEBATES OF THE that the officers are bought, are bought, course, if we cannot go farther, I am wiland they will enter into a conspiracy, to ling to take all we can get; but I am for dowhat? WVhy, to change the whole vote, makingthis compulsory. Let every nan and the tickets are taken out bodily, and be compelled to do this thing, so that the new tickets and new boxes substituted. evidence may be around and about us all Is not detection inevitable under this the time, in order to detect frauds. If this rule? The opening of the box at once section will have the effect contended for, discloses the fact that the ballots in that as I submit there can be no dispute it box are not the ballots deposited by the will, why should it not be adopted? It voter. And then what takes place? Not is said that it should not be adopted bethat you set aside the election, merely; cause it exposes the voter as to the way and I be.r to call your attention to this, he votes. Do you believe, Mr. Chairman, for that is the smallest of this matter, but that any great number of people in this that you unerringly point out the men Commonwealth would hesitate upon such who committed the fraud, so that punish- a subject as that? If they were asked rnent may follow. Nobody could commit whether, in order to punish fraud, or to a fraud in that case but the men in the detect fraud, they should vote an open window in the polling place, and convic- ticket, have not you and all of us faith tion is inevitable. enough in the people of this CommonWhat other good can be brlought a wbout wealth to believe that they would say, under this rule?'Why the system of without hesitation, "adopt any plan, any repeating, now reduced to a science, will plan, sir, that will enable us when we pass into history. Point mie out the re- go away from the polling places to say, peater, the professional repeater, who we have deposited our votes and we know w-ill walk up to the window and look the that now, at least, they will record the judge in the eye when he knows he has will of freemen. to stay long enough to have his ticket Mr. Chairman, the adoption of this numbered and long enough to write his plan will, in my judgment, tend to elename upon it or have some one else write vate the sentiment upon the subject of it. I tell you no scoundrel will lookl an voting. If a bad man is placed upon a honest man in the face while that is going ticket, the voter will feel that he must reon. He dare not stay long enough. The cord his protest against it, if he would chance of repeating now is because a man have the respect of the good of his neighcan shove a ticket through a little square borhood, for they will know that he dehole, when his face is not seen, and leave liberately aided inthe wrong if he votesfor the poll immediately. When the repeat- him. He will no longer be able to shelter er knows that he has to write his name the desire to help bad men by voting a on his ballot, and look the election oflicer secret ticket, or be able to claim that be in the face, so that it may be impressed voted for a party nomination, when his upon their memory and that the election duty to the people requires him, not seofficer can identify him, the whole of this cretly, but like a man-aye, like an business will cease. American freeman, openly to record his And accompanying this anmendmnent, protest against it. are amendments still further protecting In addition to this, it gives notice to the ballot, by which precincts will be parties that mere party organization, of divided into precincts of two hundred which secret ballot is one of the most irnvoters. If we have open polls, elections portant pieces of machinery, is no longer in broad daylight away fromn the grog- powerful, but that the bold, true men of geries and their wicked surroundings, I the Commonwealth will show by their tell you, with this amendment the purity open votes that honest men alone can be of the ballot will be settled and elections elevated to place. will, throughout the Commonwealth, be Beyond all this, Mr. Chairman, we are acquiesced in and respected. It is not here to make laws for the great body of enough, I submit, to adopt the plan sug- the people. It cannot be safely asserted gested by my friend fromn Colum bia, (Mir. that more than a very small per centage Buckalew,) that is, of giving the. voter of votes can be possibly aided by the sethe privilege of doing this thing Of cret ballot, while on the other hand we CONSTITUTIONAL CONVENTION. 777 have been grossly unmindful of the dis- Mr. BARTHOLOMEIE W. Mr. Chairman cussions on this floor. if we have not been If the gentleman from Philadelphia will. taught, that under the present system of allow me to explain, he certainly misunvoting, whole sections of our people have derstands my position on this question. been practically disfranchised. I stated distinctly, when I arose to my The necessity for a change is therefore feet, that I was in favor of the report of overruling, and believing that this sec- this committee, but that I was in favor of tion will tend to correct the evil that is it with a conditional clause, which I proslowly, perhaps, butcertainly sapping the posed to have inserted in it; but that if I foundations of republican government, could not have that which I deemed best, and that the people are not only prepared that still I was in favor of the report of but demanding this change, I arn earn- the committee. I cannot understand the estly for it. If all that has been said for position the gentlemnanj has taken. Aly the secret ballot be true, the great doc- lariguao was very plain. trine that we are to labor for the good of Mr. TEMPLE. Mr. Chairman: WTith the greatest number still remains, and I very great respect to what my friend has am thoroughly convinced that to adopt said, I take the liberty of insisting that the section will enable us to take a long when he was discussing this proposition stride toward that system of purity of he was in favor of substituting the word. elections, so necessary for the preserva- "may" for the word "shall." tion of good government, and I therefore Mir. BART1OLOMEW. Yes; leaving it trust it will be adopted as reported. merely optional. iMr. TEMIPLE. Mr. Chairman: I shall Mr.TEMPLE. Mr. Chairman: Then I occupy the attention of the Convention undertake to say that the gentleman is but for a few moments in the discussion not in favor of the report of the committee, of this question. I was somewhat sur- but in favor of a directly opposite principrised with one argument advanced here ple being adopted. The word "shall" y the distinguished delete from akesit incubent upon the voter, when Sc~huyllkill (Mr. Bartholonmew.) One he deposits his ballot, to place some kind reason that he presented to this comnit- of an ear-rnrk upon it, by which it can tee against the adoption of the report of be known. But if we strike from the rethe Committee on Suffrage, Election and port of this committee the word "shall," Representation was that aggregated capi- and insert therefor the word "m may,'" it tal in the shape of corporations would changes entirely the character of this proprevent a proper expression of the will of posed change, and makes the reportof the the people. He went on to state that one committee an entirely different one. corporation in the State of Pennsylvania But, in answer to the statement made owned and possessed eighty thousand upon this floor by the gentleman frolm acres of coal lands; that it controlled a Schuylkill, I beg leave to remind himll vast amount of labor, and that that class that the class of people who are generally of people, when they went to the polls to in the employ of corporations, and who vote, would not properly cast their bal- are subservient to wealth in any form, if lots, and that we would never have a they had the opportunity of expressing proper expression of the will of the peo- tilemlselves properly through the peacepie. Now I always listen with the great- ful channel of the ballot-box, would corest respect to what falls from the lips of rect the very evils of which the distinthe eloquent delegate front Schuylkill, guished gentleman speaks. I undertake but I think the utterance of this language, to say to this committee that the only or language like unto this, by such a dis- class of people which could be included tinguished gentleman as this, could cer- in his remarks are a class of people which tainly have been spoken but for one could be used by corporations for the purpurpose, and that for the purpose of con- poses designed by them, by the use of vincing gentlemen of the truth of a pro- money without any fear or favor fromn position to which he was already com- any other direction. Therefore I say that mitted, without believing in the sincerity the honest voter who goes to the poll to and in the propriety of the reasons which deposit his ballot, upon any point of prinhe gave for it. ciple, will not be swayed in any direction, 778 DEBATES OF THE by any consideration of any character although his master might stand by the whatever, and that man, I undertake to poll and say that his men must vote for say, who is in favor of casting his ballot, Mr.. Smith. I believe that no man would or who would, under any circumstances, hesitate, and I believe that this is a procast his ballot in favor of a particular per restriction to be placed on the exercandidate, because he feared incurring cise of this rigrht. I am therefore in favor the displeasure of railroad corporations of the arnendment. and masters, is unworthy the right to Mr. GOWEN. Mr. Chairman: I have exercise that privilege. When you ad- no hesitation in saying, very boldly and mnit that any considerable portion of the very plainly, that I am in favor of open people of this Commonwealth will cast viva voce voting. Notwithstanding the their ballots as dictated by others, that remnarks of the gentleman from Schuylvery moment you acknowledge ant eye- kill, (Mr. Bartholomew,) which I was Unsore and a cancer upon the body politic, fortunate enough not to hear yesterday, which should be gotten rid of at the but which I have read-and I desire to earliest possible nmoment. say that I am very much obliged to him A feaw remlarkls rmore and I will have for the delicate courtesy which prompted done, because I do not expect to speak the argurnent that he made up a subject over ten miinutes. I cannot see, Mr. of such importance. Iknow, from the very Chairman, wily the latter part of this best reason in the world, that is fronm a second section is not a proper restriction long experience; that the class of people to be placed upon the ballot. Now there who are vulgarly, very vulgarly, supis no gentleman upon this floor, I under- posed to be controlled by corporationsare take to say, who has had greater experi- not so influenced. The fact is that the ence in the investigation of electiol frauds corporation is controlled by the voter in the city of Philadelphia and in the State,and not the voter by the corporation. of Pennsylvania than the gentleman who The corporation to which my friend from last addressed this comnmittee (,Mr. Cas- Schuvlkill referred, yesterday, as having sidy.) Ile is one of the comm11ittee who some designs upon the ballot-boxreported this section. He has given his MAr. BARTHOLOMIEW. Mr. Chairman: views upon it, based upon his experience I desire to) interrupt the gentleman. I as a practising attorney in the investiga- (lo not want to be misconstrued or any tion of election frauds, iand the remarks rezmark of mine mistated on this subject. and advice of thaeft gentlemlan should be I simply illustrated nmy ar-gument bv a taken with a great deal of consideration reference to a corporation and the princiby this committee. The gentlemen front ple that a corporation having power the rural districts, who have never seen would endeavor to gain mnore power, these great frauds practiced in the city of whether it might be that which would Philadelphia, must give us soeie relief arise from the agregation of capital or and if we can get it, through an amend- that which might arise from the control mnent such as is proposed by the Commit- of political influence. I did no tstate, for tee on Suffrage, let us adopt it. one moment, that such a design was ever I sav further than that, that it is, in my entertained, had been practiced, or that opinion, one of the greatest checks, or it was in process of fulfilment, I simply wvill prove one of the greatest checks that illustrated what I then said by a refercan possibly be adopted to prevent fraud. ence to a corporation such as this. That As to this thing of secret voting, I say is all I said upon that subject, as an illushere in my place, as I said upon another tration of argument without any reflecoccasion, that the man who goes to the tion; and when the gentleman says that ballot-box and sneaks in his vote is un- my remarks were ill-timed, because of worthy the right of the ballot. Hie is un- his absence, I will say to himl, franklyr worthy to vote, for he does so from no and candidly, that I did not know he was honest consideration. Do you believe absent. I am only sorry that he was not that any man who deserves the right to present, because he would not have miscast a ballot at all would hesitate for one stated me if he had been. mioment to go up to the window and say: Mr. GOWEN. Mr. Chairman: Thi "I am going to vote for Mr. Jones," even great, overshadowing corporation of which CONSTITUTIONAL CONVENTION. 7 79 1my friend has spoken as exercising a better, I will vote for the report of this great influence over the ballot in this committee, provided the word "shall" is State, has a rule posted in every shop; in in it, and not the word "may," so that it every work-place, in every office it pos- is incumbent upon everybody to vote sesses, that any boss, superintendent or boldly and openly as a man, and tell whomn foreman that directly or indirectly, in he intends to vote for. any manner whatever, attempts to con- I know that we have giants to fight; trol the vote of an employee will be pun- not giants like Goliah, as mlly friend from ished by instant dismissdl. I know very Crawford (Mr. Minor) said, giants who well that the foreman or superintendent would not be much hurt if they were of most corporations in this State, so far struck in the region of the brain; giants, from having any control whatever over like Briarius, with one hundred hands, githose who are under him is, if anything, ants, like Antmeas, who, whenever they controlled by them; the great principle have been stricken down, have risen up of the American workman being that one again, refreshed by a Governor's or a Presman is not only as good as another, but a ident's pardon, more powerful for harm great deal better. [Laughter.] than they ever were before. These are I am, as I said before, in favor of open the giants we have tofight, and the snooth viva voce voting. The highest duty that pebble stones and the sling of Goliah are the American freeman is called upon to as harmless against them as would be perform isthe duty of voting. The great- that other celebrated weapon, which wve est evil that we are called upon to over- are told in biblical history created such comIe is the evil of impurity of elections. consternation in the ranks of the PhilisIf rny humble opinion the best way to tines. secure purity of elections would be to Mir. HAZZARD. David had the stone. mnake the highest judicial officers of the [Laughter.] Commonwealth the persons who, in the Mir. GowF'N. David had the stone. It mnost public and solemn manner, should was Sampson that wielded the othei receive the vote of every citizen openly, weapon, I believe. [Laughter.] publicly and notoriously. I believe the The CHAIRIMAN. Gentlemen will precitizen should come before such officer serve order. and, in a bold, firm tone of voice, lookin_ Mr. GOWENT. I trust I will not be conhim in the face, say for whom he intends sidered personal to vote; say it, so boldly so that every Nowthen, asIhave not got the opportucitizen standing around could know for iity to vote for viva voce or open bllotwhomr his vote is cast. If this were done, ing, as I have not got the opportunity to Mir. Chairman, there would be at every vote for a compulsory open ballot, I shall election, or polling place, fifty witnesses vote for the report of this committee, who, when the polls closed, would know which gives to the citizen the protection exactly how the vote had stood, and in which hoe knows he will receive the methe face of such testimony as that, pro- ment that his vote is signed by his own tected as that would be protected, it would name, and witnessed, if necessary, b)y be utterly impossible for any fraud upon somebody else. the ballot-box to be committed, utterly Why should we adopt this? In the impossible. first place, MIr. Chairman, one great adThe next best plan to this is: That vantage is this, and it is an incalculable every citizen should vote an open ballot, advantage, that every citizen will go to written or printed, as he pleases, with his the poll with his ballot prepared. 1Ie name at the bottom of it, attested, if neces- will not go to the poll prepared to resary, by a witness, and that these ballots, ceive a ballot from an officer of the parone after the other, should be put upon a ticular party to which he belongs, and to file, andwhen the election is over counted, put in the ballot-box without looking, and that file of papers itself would certify thereby giving full opportunity to that to the result. I will vote, whenever I get particular class of fraud which has been an opportunity, for open viva voce voting. practiced, not only in Philadelphia, but:Next to that, I will vote for an open bal- at all country polls, of bribing the man lot, signed by the name of the party who who distributes the ballots of his party to votes. Next to that, if I can get nothing receive those who rely upon his integrity. 780 DEBATES OF THE The voter will prepare his vote at home. to demonstrate the validity of every balIf there are separate ballots for each office lot in it that was legally cast, this thing so much the better, for he will be obliged could never be repeated. to examine each one, and to sign his name Again, my friend from Philadelphia upon it. The man that cannot write will (Mr. Cassidy) has alluded to one of the be the very one who will make this prepa- greatest protections that this will throw ration at home. He will call in some about us, and that is this: That if illegal neighbor, in whom he has confidence, and ballots are found in that ballot-box the together they will prepare the ballot custodians of that ballot-box will surely which the man who cannot write is to de- be held responsible for it. If out of a posit. And the very fact that some noto- thousand votes you find two hundred riety and some publicity may at sortie votes without the proper namles upon tine or other be given to the unfortunate themn or with fraudulent names upon citizen who cannot write his name, will them, the man whose business it is to be an incentive and an inducemnent great- protect that ballot-box, who is bound by er than any compulsory educational law the solemn obligation of an oath to prowhicli you can pass to the acquisition of tect it, that man, in the opinion of the old knowledge, for it will make every man style jury of the vicinage which wvoul(l educate his children, so that when they be collected around that poll,.would be go to the ballot-box they will not be condemned es instanti, and a short shrift shamed by exhibiting aballot upon which and a long rope would probably be his they have not been able to write their doom, and if we had had a little more names. of such justice in the city of Philadelphia Another and a great advantage is the there would have been less necessity for absolute ability to protect the citizen the assembling of this Convention. against one peculiar kind of fraud, thie These are all ng the avantages tht I prostuffing of the ballot-box. If every bAl- posenow tospeakof. Itisareform which lot is signed, whenever there is a con- does not go far enough, but which, so far tested election case, the ballot-boxw can as it goes, gives to every citizen the probe opened and it can be purged in a tection and assurance that his own vote proper manner. Every iilegal vote -an shall have something upon it which he be excluded and every legal one canl be has placed there that he can follow up in protected, an(id e will be spared the dis- a court of justice, and it renders it almost graceful system, which has grown up in impossible that one of the greatest sources this couintry, and has had the sanction of of evil which has afflicted this cormunity high judicial authority, the disgracefutl shall be ill future continued. I shall, as I system of throwing out, ill any election said, vote in favor of the proposition as it district, all the ballots, in the entire poll, camle from the committee, provided that because eight or ten fraudulent votes it is made obligatory upon every one to mavy happen to hlave been cast in it. W-hYv sigrn his ntmetohis ballot. At any future is it not kn wn, is not the fact, that in stage of the Convention, when I can get this city, in election districts, where one an opportunity, I will join with any numparticular party, or the other, has a well- ber of gentlemen to secure greater reform; knowxn lnajority, admitted to be so, that first, if I can, by making an. open ballot troubles are gotten up by the other party,at obligatory, and second, and better still, if the particular poll, for no other purpose I can, by requiring an open viva voce vote. than to give the court an excuse in a con- Mr. HIANNA. Mr. Chairman: I move tested election case to throw out a whole that the committee now rises, rep2rts district? You may have a thousand progress and asks leave to sit again. legal votes-every one of thert cast The motion was agreed to. The conisolerlnly and properly, and because you mittee rose, and the President resulned have ten or twenty or even one hundred the chair. illegal ones a judge throws out a whole IN CONVENTION. poll, and you disfranchise nine hundred The chairman of the committee of the citizens, as a punishment, for the crime whole, Mir. Lawrence, reported that the of ten bad ones. If the ballot-box con- commnnittee had further considered the rained within itself evidence sufficient report of the Committee on Suffrage, CONSTITUTIONAL CONVENTION. 781 Election and Representation, and had leave to make a motion at this time; shall instructed him to report progress and re- he have leave? quest leave to sit again. [Cries of" no," "no;" "I object.'] The Convention granted the committee The PRESIDENT. It is not agreed to. of the whole leave to sit again on Mon- Mir. HEMPPHILL. Mr. President: I day. move that the Convention do now adPROHIBITION. journ. This was agreed to, and the President The PRESIDENT asked and obtained leave to present three memorials from citi- said "This Convention stands adjourned zens of the Commonwealth, asking the t until Aiondav lmorning at ten o'clock." adoption of an article prohibiting the sale of intoxicating liquors, which were refer- Mr. BARTHOLOMEW. I begthe Chair's red to the Committee on Legislation. pardon; it is eleven o'clocl. THE COMMITTEE ON PRIMIARY ELECTIO'NS. The PRESIDENT. The resolution adopted by the House provides that from and The PRESIDENT: The following coin- s n after MIolldav nest the sessions of the rnittee has been appointed under the reConvention shall be froin ten A. 5iI. to solution passed this morning: Messrs. P s Howard, Clark, Mantor, Baker and New- t P in. Mr. BARTHOLOMEW. Mr. President: Mr~lt]. N EWLIN. Mr. Presideilt: II move The resolution says " fromn and after MonMr. NEWLIN. Mr. President: I move day," which certainly means that it shall that the Convention do now adjourn, to meet on Monday at eleven o'clock A. M. The PRESIDENT; The motion is not in The PRESIDENT. The Chair does not order. A motion to adjourn cannot be to so understand it. The Chair understands any particular time. that if the gentleman from Schuylkill Ijr. NEWLIN. M]r. President: I move were to come from Pottsville on Monday that when the Convention adjourns it be that he would not stay there until Tuesto meet on AMonday at eleven o'clock. day morning. [Laughter.] The PRESIDENT: The gentleman from Accordingly the Convention, at two Philadelphia will give the Chair leave. o'clock P. M., adjourned to meet on MoenThe gentleman from Philadelphia asks dav at ten A. iM. 782 DEBATES OF THE FORTY-FIFTH DAY. MTON-DAY, F'ebruary 17, 1873. Mr. -NEWLIN. I then make that noThe PRESIDENT took his seat at ten tion. o'clock A. M. Mr. BROOMIALL. I wovuld suggest that The PRESIDENT. There does not ap- the usual motion is the martial one of pear to be a quorum present. The Clerk closing the doors and sending for the abwill call the roll of members, ill order to sentees. ascertain whether there is quorum pre- The PRESIDENT. A call of the House sent. callnnot now be made, as there is not a quoThe CIIIEF CLERK proceeded with the rumn present. call of the roll, which resulted as follows: Mr. CORsoN. Mr. President: I thinkI PRESENT. —MAessrs. Achenbach,Alricks, there is a misapprehension in regard to kAndrews, B1arthololmew, Bl1ack, Charles the time of the mneeting of the ConvelA., Black, J. S., Boyd, Broomall, Brown, tion this morning. I understand the resCampbell, Clark, Collins, Corbett, Corson, olution adopted by the Convention reads, Craig, Cronililler, Curtin, Dallas, De from and after MIonday the Conventionl FI.rance, Dunning, Edwards, Elliott, Fell, would meet at ten o'clock A. M. I cerGilpin, Guthrie, Hanna, Hazzard, Hop- tainly was under the impression that the kins, Horton, Ka.ine, Knight, Lamberton, Convention met at eleven o'clock to-da-. Landis, Lawrence, Lear, M'Allister, M'CLeanois i Laivrene,.Kaor, 8iRlister, M'ott The PRESIDENT. The Chair will state Clean, aacConnell, Mantor, Ainor, Mott, that when Ile returned to the Convention ewlin, Niles, Patton, Heed, Andrew, on Saturday, after his illness, he found Hess, Shrarpe, Silmpson, Snlith, Henry W a resolution had been adopted by which Smith, W. H., Struthers, Turrell, Walker, ertherill, John Price, Wherry White the Convention ordered the hour of meet-'Davilh N., 7hite, Tarry, WVhite J. W.T F, ing at ten o'clock A. MI., " from and after vit aN., White, arry,'hite, J. W.' Monday next," which is to-day. When WOright and Meredith, President-, a man makes a journey from Pottsville NOT PREsENT.-Messrs. Addicis,Ainey, the journey begins when he starts froim Armnstrong, Baer, Baily, (Perry,) Bailey, that point. When the Constitution says (Huntingdon,) Baker,'Bannran, Barclay, that the Legislature shall meet on the Bardsley, Beebe, Biddle, Bowman, Brod- first Tuesday of January and hold its seshead, B3uckalew, Carey, Carter, Cassidy, sions until some tinle in March, it means Church, Cochran, Curry, Cuyler, Darling- that the session shall begin on the first ton, Davis, Dodd, Ellis, Ewing, Finney, Tuesday of January. The Chair regrets Fulton, Funck, Gibson, Gowen, HIall, liar- very much that there should be any nmisvey, I-ay, Hemphill, I-leverin, HIowardl, take about a common English phrase, Hunsicker,Lilly, Littleton, Long, MI'Ctam- upon which it seems impossible to place ant, RM'Culloch, M'Miurray, AMacVeaghl, but one meaning; but as there seems to Mann, Metzger, Palmer, G.W., Paluler, H. be some miisunderstanding, the Chair does WV., Parsons, Patterson, D. W., Patterson, not feel disposed to adopt any harsh meaT I H. B., Porter, Pughe, Purman, Purvi- sures and therefore he would suggest that ance, John N., Purviance, Samuel A., the gentleman from Philadelphia (Mr. eecd, John R., Reynolds, James L., Hey- Newlin) withdraw his motion, as it will nolds, S. I.,S Rooke, Runk, t ussell, necessitate the adoption of rather harshl Smith, HI. G., Stanton, Stewart, Temple, 1means to secure a quorum of the ConvetnVan Reed,'Wetherill, J. Mi., Woodward tion. anld Worr ei] —73. and Worre7 r. NEWLINIs. I withdraw my motion. -Mr. NEWLIN. MLIr. President: If it is in order, I would move that the Sergeant- A QUORU-M PRESEiNT. at-Arms be sent for the absentees. Messrs. Gowen, Heverin, Church, H. The PRESIDENT. Such a motion is in G. Smith, Russell, Temple and Porter, order. having entered the Hall, the President a.un CONSTITUTIONAL CONVENTION. 783 nounced that there was a quorum present unless debate be restricted. The debate and called the Convention to order. is instructive, and the question is very inFEM3ALE SUFFRAGi. teresting; but it is one on -which every aMr. DE FRANCE presented a petition man has made up his mind, and Nwe are from citizens of Mercer county in favol of prepared to vote upon it. It is true that female suffrage, which was laid on the some amendmentmay equire a litte de tazble. O? -bate, but I have provided for that. MIr. M'ALLISTER. MIr. President: I cadll PROHIBII~ITION. for the reading of the resolution. It wNtas Mr. CRAIG presented three memorials, not distinctly heard in this part of the requesting the Convention to incorporate Hall. into the Constitution a clause prohibiting The CLE'RI~ again read the resolution. the manufacture and sale of intoxicating Mr. MI'ALLISTER. iMr. President: I liquors, which were referred to the Corn- would simply say that I have for three mnittee on Legislation. days listened to the discussiol on this LIMITING DEBATE. subject without saying a word, and I desire, as chairman of the committee Mr. BR ALL. r. President: I offer whose report is under consideration, a the following resolution: few minutes, to answer some of the nu-Resolved, That general debate be closed lnerous objections that have been made in committee of the whole on the section to it. I do not object to anything that pending, but that any member offering will facilitate the work of the -louse ain amendment shall be allowed five mnin- at any time; but, nuder these circun — utes to advocateit, and the same tine shall stances, I submlit that if the chairmanr. be allowed to some one opponent. of the columittee is in duty bound to atOn the question of proceeding to second tend every day's session of the commitreading a division was called, which re- tee of the whole, and to hear all the argusulted-forty-three in the affirmative and ments, with a view of answering any eleven in the negative; so the resolution questions that nmay be asked him, I subwas read a second time. Imit is it not his right that he should 1be Mr. I'CLEAN. Mr. President: I hope permitted to mnake some remarks in rethat this motion will not be adopted. I ply upon the subject matter under disconsider the question now before the Con- cussion? vention as one of surpassing importance, Mr. WHERRY. MNr. President: It seems and insist that every gentleman who de- to me that the proposition to cut off desires to express his views upon it should bate comes with a very bad grace froni have the opportunity of doing so. I hope, the gentleman from Delaware ( Bar. Broofor this reason, therefore, that this resolu- mall.) Granting the right which the tion will not be adopted, and that the de- chairman of the Committee on Sufirage, bate will not be linited. Election and Representation undoubtMr. BROOIMALL. MIr. Chairman: I of- edly has to advocate his report, after it fered the resolution thinking that the has been discussed upon the floor by other House had fully discussed the mneasure gentlemen, it is the right and the privithat is now before the committee of the lege of the humblest member of this Conwhole. The rule that I propose is known tion to express his views upon a question as the five minute rule, under which any of such vital importance as this. I know gentleman, proposing an amendment, that there are gentlemen here to-day T1who shall be allowed five minutes to advocate desire to speak upon this subj ect, and who10 it, and any one opposing it allowed the desire to put their views on record. N'ot same time for reply. Clearly the resolu- only so, but I have been waited on by a tion ought to be adopted. After the full delegation of the county in wr-hich I live, debate that we have had on this subject, desiring, nayv, allnost collmmlanding, me to certainly five minutes is sufficient to ex- place myself right on the record on this plain any amendment. I desire to see question, and I trust I will be given an progress made in the work of this Con- opportunity to do so. vention. We have made but little head- Mr. BROO3IALL. Mr. President: I dceway, and we will not get through in five sire only to sa y that this rule allows the years unless gentlemnen will submit to gentleman a full opportunity of putting some such rule as this at some time. I himself on record. Under ihis very rule foresee that the whole of this week will it is provided that he be allowed five mninbe used in discussing this very question utes to do so, and at this stage of this de ,784 DEBATES OF THE bate is not this long enough? I have seen Mr. BROOMIALL. No, sir. I mnove to this rule adopted in Congress, and it has postpone it for the present.,worked well. Some of the very best MIr. D. N. WHITE. Mr. President: I speeches that have ever been made in that offer the following amendment: body have been made under it, in five Mr. HoPiINs. Mr. President: I inminutes. minutes. quire if a motion to postpone is amrendaMr. H1I-IvERIN. Mr. President: I am ble. convinced that no question will come beThe PRESID>ENT. No, sir; the armendfore the Convention, or the committee of ment is not to the motion to postpone. It the whole, which is more lresponsible, the whole, which is more responsible, is to the resolution. The amendment will probably, for the existence of this body be read. than this very question; I certainly am oppose.I to any attempt to limit or circumn- The CLERn. Mr. D. N. White moves to scribe debate upon it, and I hope any op- amend, as follows: position that may exist may be withheld, To strike out all after the word rethat we may have a full, fair discussion of solved, and insert, "that debate on the arits merits. tide on Suffrage, Election and RepresenMr. TEMrPLrE. Mr. President: I would tation, now under consideration, shall be like the resolution read for information. limited in committee of the whole to five The resolution was again read. minutes speeches." Mr. TURRELL. Mr. President: I have Mr. DUPNNING. Mr. President: I move occupied, so far, very little of the time of to indefinitely postpone the whole subthis Convention, and I propose to take, ject. perhaps, as little in the future, but if On agreeing to this motion a division qurestions are debated here at length, it was called,which resulted: Thirty-nine in is a difficulty that we cannot avoid to some the affirmative, sixteen in the negative. extent. I believe that every man here is So the resolution and amendment were the peer of his fellows, and he has the indefinitely postponed. same right to be heard, and it is simply a CONVENTION YRINTING. question of j udgment and discretion with hlim, for which he is answerable to his Mr. MANTOR. Mr. President: I offer constituents. Therefore, I amnot at pres- the following resolution: ent in favor of limiting debate more than Resolved, That the Committee on Printwe have limited it. I would leave the ing be requested to confer with the State timne open, and leave it with the gentle- Printer, and have all printed matter that men who are yet to speak upon it, and let is necessary for the Convention, ready them answer for it. It may be that the each day, by nine o'clock A. M. other members of the Convention may Mr. MANTOR. Mr. President: I have think differently from me in reference to offered this resolution because we have this, but I hold that it is the right of ev- changed the time of holding our meetings. ery man here to be heard, and that we Heretofore we have met at eleven o'clock. should give every man a full hearing, and We have now ordered that our sessions judge of his argument. shall commence at ten o'clock. This Mr. PATTON. Mr. President: I heartily morning we have no printed matter before concur with the gentleman from Susque- us, and I am informed by those officers hanna, (Mr. Turrell,) in what he has just and pages who put the printed matter on said on this subject.. the file, that it will require from one and Mr. BROOMALL. Mr. President: Inas- a half to two hours to properly arrange much as there are so many who have not and distribute the files in the morning. been heard upon this subject, in order to Therefore, if our printed matter only give thein a chance to speak upon it, I will reaches us at ten in the morning, when withdraw the resolution, promising to re- our sessions commence, we will be withnew it again, this day week. out our fresh files until noon. It is the The PRESIDENT. That cannot be done, duty of the State Printer to send this matthe House having acted upon it. Does ter to us so that we can have it every the gentleman move to lay it on the morning at ten o'clock. table? On the question of agreeing to the Mr. BROOiALL. Mr. President: Imove resolution, a division was called. Less to postpone it for the present. than a quorumn of a majority voting in The PnESIDENT. Does the gentleman the affirmative, the resolution was remove to lay it on the table? jected. CONSTITUTIONAL CONVENTION. 785 LEAVE OF ABSENCE. ported that contract to the Convention, Mr. KAINE. Mr. President: I ask leave, and it was approved. at this time, to ask leave of absence for The committee went just as far as the my colleague, Col. Collins, of Fayette, for resolution of instruction permitted themn a few days from to-day. to go, and, in fact, went even farther, by. Leave was granted. putting in the contract a provision that if Mr. W. H. SMITH asked and obtained the State Printer did not fulfil his conleave of absence for Mr. Baer, of Somerset, tract to the satisfaction of the Convention for one week. they might either order the printing at Mr. BOYD asked and obtained leave of his expense or annul the contract. absence for Mr. Darlington, of Chester, All of the provisions which were infor a few days. serted in the original resolution of the Mr. ELLIOTT asked and obtained leave committee, in relation to the time of deof absence for Mr. Mann, of Potter, for a livery, and in regaord to having the Defew days. bates on the desks of the members of the POSTAGE ON DEBATES. Convention on the day following their delivery, were stricken out, so that the Mr. ~EWLIN. M/~r. President: I desire. printer is not, nor has he been at any to state, for the information of the House, timn.e, under instructions frot this Conthat, in accordance with the resolution tion to have the Debateson the desks adopted last week, 1 addressed a note to the Postmaster General in relation to of membeas the following day. Te com-. the Debates.romHri mttee has, I know, been privately cornmailing the Debates firom Harrisburg, plained of, and the printer too, and for no and have to-day received a reply stating just cause. that the necessary order had been issued. I will further state that until the fifPRINTING THE DEBATES DAILY. teenth of January the Convention did not Mr. DALLAS. Mr. President: I ask decide what kind of type should be used; leave, at this tiile, to inquire of the chair- that when they did they adopted leaded Ian. of the Committee on Printing (Mr. minion, and the printer has had types Newlin) what action has been taklen on specially cast for this purpose, and it took the resolution calling for information as the founders, here in town, a week or ten to the arrangement of the State Printer to days to get up the necessary type, whicil have the Debates published the day fol- would bring the printing up to about the lowing that on which they are delivered. twenty-second of January, so that the Mr. N EWLIN. Mr. President: I will printer has only had since the twentystate that no action has been taken, ex- second of January to bring up the Decept that a copy of the resolution was fur- bates, when the Convention was nearly nished by the Cotmmittee on Printing to two months ahead of him. the State Printer. THE BALLOT. I would also take occasion, at this time, The PRESIDENT. The next business in to correct a misapprehension that seems order is the further consideration of the to exist in the minds of members of the report of the Committee on Suffrage, Convention, of the exact position of the Election and Representation. Committee on Printing and on Binding So the Convention, as in committee of in relation to this matter of the Debates. the whole, Mr. Lawrence in the chair, The Committee on Printing reported a proceeded to further consider the report resolution sopn after the Convention met of the Committee on Suffrage, Election in Philadelphia, which, in detail, arranged and Representation. fully for the very difficulties, and sought The CHAIRMAN. The question is upon to provide in advance for the very trou- the amendment to the first section, probles, which have since arisen. in the Con- posed by the gentleman from Somerset vention. A motion was made in the Con- (Mr. Baer.) vention to strike out all after the word Mr. HAY. I rise simply for the purpose "' resolved," and insert a resolution of in- of stating, that if the pending amendstruction to the Committee on Printing, ments are not approved by the committee, and that resolution carried. The Conl- it is my intention to propose an amendmlittee on Printing have since acted in ac- ment, to strike out in the second line the cordance with that instruction, made a words, "may be open or secret, as the contract with the State Printer or with B. electors may prefer, and they," and for Singerly, which is the same thing, and re- this reason, that it seems to mle that the 50 786d DEBATES OF THE first clause of this section is inconsistent protect the right of suffrage against which with the remaining portion. The first more plausible reasons cannot be adclause provides that the ballots voted may vanced than against the one now under be either open or secret, as the electors discussion. I cannot over-estimnate, I aim shall prefer, and it seems to me that that sure, the importance of protecting the balis inconsistent -with the remaining clause lot. That it has been desecrated —that it of the section, which substantially re- has been abused to such an extent that quires that the ballot shall not be secret in the representative body is no longer as) any case, but shall be known at any rate, epitome of the body represented, cannot be and under all circumlstances, to the elec- doubted. The right of suffrage has been tion officers. I can see no reason for re- struck at. WTe are in danger of ha-tving taining the second line of the section if our republican institutions undermined. the remaining clause is adopted by the unless we do something to prevent the committee. frauds that have been perpetrated upon Mr. M'ALLISTER. 2'It. Chairman: I the ballot. would say that I am instructed by the The objections, Mr. Chairman, to this -committee to substitute,6 folded" for "se- section may be summed up iii a fewwords: cret," so that it would read,'"open or First, that it destroys the secrecy of the folded." ballot, and next that it is a comubrous reMir. HAY. That, of course, will remrove strietion upon the exercise of the right of Ame objection to the language, but it suffriage. These are the sum and sub-.does not remove the objection that the stance of the whole of the obj ections which:section is redundant in language and in- have been raised by the opponents of the consistent in its different parts. I can see section under consideration. The gentle-.no reason for the insertion of the greater man from Indiana, (Mr. Harry VWhite,) part of the second line. The voter of at the very commencement of this debate, course can hold his ballot open as he ap- worked himself into such a state of exproaches the polls now, but it is impossi- citement that he invoked the aid of ten ble to put an open ballot into the box; it earthquakes to shake earth and sea, in must be folded before it is put in. If that order to prevent the consummation of: provision should be stricken out, it Inle to be plain from the debate sible for the electors to comply with the that we have had upon this subject from provisions of this section. Our polls are gentlernman representing the rural dis- open, as the law directs, but the voters tricts, that they are in favor of the present frequently do not assemble until late in mnode of voting. It is equally clear that the day. They assemble, in country disthere is a remedy called for in the cities; tricts, far away from writing facilities, and it is no more than right that that away from inkstands, away from pens, remedy should be afforded, inasmuch as and from lead pencils, anrd to require the it is well known that therte are frauds of a electors throughout the country to write gigantic character always going forward their names upon their ballots would be at elections in the city. simlply requiring them to write upon the Now- my propOsition is, that in all cities wheels and the seats of their wagons, and with a population of fifty thousand and would delay and encumber the process of utpwards shall have the ballots numbered election to such an extent as would mnaand the tickets signed by the voter. In a terially affect the result of an election. word the provisions of the section shall be Now, sir, I believe that this measure is applied to the cities and leave us in the necessary in our cities. I believe it country alone. will be wise and beneficent in its results I do maintain that in the section of the there; but I believe, also, it will meet State froa-t which I c3me we have no sueh with opposition of a most serious characthing as election frauds. There mnay be ter from the same portion of the State if a chance illegal vote through a misappre- it is sought to enforce its provisions there hension or oven sometimes through de- and, therefore, I desire to say the single sign, but they do not amnount to enough word that I have said in support of this to change the result; and I think that is amendment of the gentleman from Monrtthe concurred testimony of every gentle- gomery, (Mr. Boyd,) that it will meet man who has spoken upon this sutject, the approval of Philadelphia and the save and except, perhaps, the gentleman cities, while it will not meet the objectionl i'omn Washington (Mr. Hazzard.) If that of the country districts which the section is the case, why should the people in the reported by the committee will excite. rural districts be obliged to undergo this AMr. LILLY. That amendment does not kind of inconvenience. go far enough. The Legislature has j us' If the gentlenien in the oities desire a now several contested election cases beremedy fol these frauds, I would respect- fore it, and has always had some, and fully recommnend them: to vote for my there are always as many from country proposition. Then we will vote together, districts as from city districts, so that but if you cannot accept it we will be ob- making this apply only to cities of fifty liged to vote against the section as repor- thousand inhabitants would leave the ted by the cormmittee. That is about the corruption still almost untouched. position in whieh the thing is. Mr. SIoIPsON. In answer to what has Mr.Ross. AIr. Chairman: I have not be- been said by the gentleman from Montfore occupied the attention of this Conven. gonmery (Mr. Boyd) and the gentleman tion, and I do not propose now to take up from Bucks, (Mr. Ross,) I would say that very much tinme; but I desire to say one or there are just as many frauds perpetrated two words in support of the amendment outside of the city of Philadelphia as in it. which the gentlemnan from Montgomery [Several delegates: "Where?"] (MIr. Boyd) has just offered upon thissub- Mr. SIrMsoN. In the country districts. ect. I amongst the number of those who In Bensalem towvnship, in the county of CONSTITUTIONAL CONVENTION. t653 Buclks, il 1 868, it was proved that twenty- -M. CORBETT. Mr. Chr. luirman: I am in seven votes were taken out ot the ballot- favor of making this provision generaI. box while the election officers were at and nriot merely applicable to cities. I am dinner, and twenty-seven others substi- opposed to any special provisions of this tuted for them. sort, and prefer a provision extendincg Mr. BoYD. Mr. Chairman: I have been throughout the whole State. charmed with the eloquence of the gen-'Much as is said about the country, I tlezman from Philadelphia (MIr. Simpson) certainly think we can submit to a little on this subject of fiauds at elections, un- inconvenience there. I have lived in a til the thing is becomrning somewhat wear- country district 1all my life, and I think rying. we can comply with this provision enThe CAtrIRMXAN. Does the gentlemlian tirely. I see no reason for making the firom Philadelphia (Mi. Simpson) give provision applicable only to cities, because way? wve do not know where fraud is to be an'4 Mrl. S.:m.;oNS. No, sir; I do not,. ticipated. I shall therefore vote for thet Mr. BoYv. Oh, you do not. [Lauglh- report of the committee as it stands. ter.] Mr. HANNA. Mr. Chairman: The Mr. SINisoxN. I further desire to say, amendment offered by the gentleman Mr. Chairman, that there is nothing in from Montgomery, (Mr. Boyd,) is so enthis section titat requires pens, or ink, or tirely different from the proposition uas inkstands, or anything of that kind. It submitted by the committee, that I think simply says his name shall be written we ought not be called upon at this upon the ticket. I presume he may time-within a few minutes of the hour of write with pencil sometimnes, as I some- adjournment-to vote upon this question. times do when I wish to erase one nam(e We ought to have a little time to reflect. from rry ticket and insert another. I therefore move that the committee rise, I desire to say, in answer to the arglu- report progress, and ask leave to sit agail. ment that, if this is put into the Constitu- The question being upon the motion of tion, it will meet with opposition; I Mr. Hanna, a division was called, and iewould say there is not one single measure sulted: In the affirmative, thirty-seven; of reform that can be adopted by this in the negative, thirty-six. Convention thatwill not meet with oppo- So the motion was agreed to. sition somewhere. As was well said, IN CONVENTION. this morning, these frauds are like colMr. LXWVINRENCE. Mr. President: The rupting sores upon tile body politic. c1omm1ittee of the whole has had mndter You must apply thie corrective, not mere- committee of the whole has had unier ly to the place wh\rere they Io0W eiSF P'consideration the r1eport of the @Conmmittee but you must prevent their spreading .. 6)91 DE FRANCE, ROBERT M., delegate incidental remarks by, 6, 8, 21, 158, XXVIIIth district: 159, 171, 176, 188, 246, 276, 299, 307, oath of office administered to......... 7 326, 329, 347, 349, 354, 374, 433, 434, petition presented by................. 611, 783 435, 452, 470, 502, 513, 515, 519, 520, resolutions submitted by521, 579, 587, 588, 612, 613, 624, 625, to compel railroad companies to 707, 709, 713, 717, 737, 739. fence their roads. 147 remarks by- relative to the sinking fund......... 182 on resolution to adjourn for six relative to private property.......... 182 weeks...................................... 119 relative to trial by jury............... 182 816 INDEX. DE FRANCE, ROBERT M. —Continued. Educationresolutions submitted by- communication from Board of Pubrelative to special privileges........ 183 lie Charities on compulsory......... 274 relative to damage against rail- resolution granting use of Hall to roads........................................ 198. bCard of............................. 593 to provide for preferential voting, 198 thanks of board of, to Convention... 685 to district the State into divisions, 204 resolution relative to State board of, 758 relative to inviolability of trial by EDWARDS, MATTHEW, del. XXIIId jury............................... 220 district: third reading of bills in Legis- oath of office administered to........... 7 lature.................................... 353 leave of absence granted to............. 322 incidental remarks by............... 476, 565 resolutions submitted byremarks by- to create a bureau of industrial laon sessions of the Legislature...... 418 bor......................... 156 on oath of office........................... 469 declaratory of law of libel............ 161 on form of ballot.......................... 792 relative to industrial statistics...... 186 DIMMICIK, SAMUEL E., delegate at to amend rule XXV..................... 711 large: Elections, commissioners of, in large oath of office administered to......... 7 cities provided for..................... 97 resignation of.............. -....... 736 resolution to change time of holdDivorces, not to be granted except for ing State...................................... 131 adultery.......,,,,.,.,,,,.,,,,,,,,,. 92 resolution to provide for holding the DODD, SAMUEL C. T., delegate at general, in November............ 143 large: resolution to disfranchise all who oath of office administered to......... 7 commit fraud at........................... 148 leaves of absence granted to, 152, 322,758 resolution to provide for rights of petition presented by...................... 660 majorities in............................... 155 resolutions submitted by- resolution requiring voting at deleto provide that no retroactive law gate............................................ 184 should be enacted..................... 131 memorial on frauds at...............216, 217 relative to printed reports of Corrn resolution relative to exempting ofmittee on Legislation................ 288 ficers of, fromrl jury duty.............. 250 relative to rule XXV.................. resolution to provide for full and incidental remarks by....124, 689, 712, 713 equal................. 264 remarks by- resolution to punish fraud at, by on resolution to appoint Commit- hanging................................... 355 tee on Declaration of Rights..... 55 debate on article to change time of to adjourn over inauguration of holding general, 221-229, 253-262, Governor................................... 272 290-303, 309-320. DUNNING, ABRAHAMx B., delegate of Senators........................... 432 XIIIth district: of solicitors...................................... 432 oath of office administered to........... 7 resolution relative to purity of........ 480 resolutions submitted by- report of committee on.................... 503 to provide for appointment of minority report of committee on,504, 505 judges of court of common pleas Electors, resolution relative to qualiby Governor.............................. 96 fications of................................. 184 to fix hours of session.................. 160 rights of.................................... 266 relative to new counties............ 195 ELLIOTT, MORTIMER F., delegate relative to adjournment............... 269 XVIth district: to provide for judicial districts..... 269 oath of office administered to......... 7 incidental remarks by.........179, 784, 800 leave of absence granted to............. 124 remarksol by l- debate... report of committee on mileage of... 187 on resolution limiting debate...... 662 resolution submitted by, relative to E. taxes of corporations................. 237 EDUCATION, article inll Constitution on, 91 remarks on form of ballot.............. 720 Legislature to make appropriations ELLIS, JAMES, delegate at large: for............................................... 104 oath of office administered to.......... 7 appointment of committee on......... 109 resolution submitted by, to adopt an resolution to provide for compul- additional rule..................... 69 sory...................................202, 206 to adjourn................................. 270 INDEX. 817 ELLIS, JAMES-Continued. FELL, J. G.-Continued. to punish fraud at elections by remarks byhanging....................................... 355 on salary of members of the incidental remarks by, 310, 349, 476, Legislature..................... 482 519, 597. Felony, resolution relative to indictremarks by- ment and trial for........................ 220 on appointing Committee on De- Financial Board of Control, resolution claration of Rights..................... 53 to create................. 132 filling vacancies in the Legislature, 428 FINNEY, ASHEL C., delegate XVIIIth salary of members of the Legisla- district: ture........................................... 490 oath of office administered to......... 7 form of ballot............................... 759 leave of absence granted to............. 199 -Eminent domain, resolution relative report of committee on mileage of.. 187 to right of.................................. 183, 249 resolution submitted by requiring Enrolment tax, resolution relative to. electors to be able to read and payment of.........353 wrte............................. 566 Error, writ of, resolution relative to, relative to local female suffrage... 658 in capital cases................................ 432 Fishing Creek, memorial of Friends Evans. Clement, elected Doorkeeper 32 of................................................ 611 EWING, Tuos., del. XXIlId district: Fletcher, Albert W., nominated for oath of office administered to.......... 7 Assistant Clerk........................... 29 leave of absence granted to............. 734 Fogg, Frederick, memorial of, relative memorial presented by................. 513 to labor..348 resolutions submitted by- Frauds, election, memorial of Citirelative to reports of standing zens' Reform Association, of Philacommittees............................ 92 delphia, relative to..................... 544 relative to printing resolutions and FREEZE, JOHN G., delegate XVth propositions............................ 92 district: insurance companies........... 144 oath of office administered to......... 7 elections of mayors of cities......144 resolution relative to departmental inquiry into the capital stock of expenditures...................... 40, 41 railroads and canals............... 219 resignation of............................ 62 incidental remarks by, 121, 136, 137, reportof committee relative to pay 224, 233, 454, 472, 475, 513, 514, 630, and mileage of.............. 187 658.. Freights, resolution to regulate rates remarks by- of................................ 237 on resolution relative to printing.. 70 Friends', memorial of society of, on on fixing time of municipal elec- rights of conscience.. 304 tions......................................... 298 r elativ e to sale of intoxicating lion pay of members of the Legis- quors............ 378, 477, 523, 589, 611 ature.................................... 473 military service, 348, 378, 478, 523, Executive department- 589, 611, 637. report on expenditures of,called for, 40 capital punishment, 378, 523, 589, 641 appointment of committee on......... 109 female suffrage........................... 589 Expenses of the Convention, resolu- FULTON, ANDREW M., del. XXIVth tion relative to........................... 480 district: F. oath of office administered to......... 7 FAYETTE COUNTY, report of prothono- petition presented by..................... 637 tary of....... 685 Fulton county, report of prothonotary Federal Constitution, resolution rela- of.............................................. 523 tive to amendments to................ 158 FUNCK, JOSIAEr, del. XIIth district: resolutions to provide for amend- oath of office administered to........ 7 ments to...... 237 leave of absence granted to, 192, 734 relations, resolution to add com- resolutions submitted bymittee on............................186, 199 relative to a general law for colFees of public officers to be paid into lecting taxes..................... 107 public treasury......................... 90 to annul all bank charters............ 108 memorial on system of...............216, 217 to withhold power from LegislaFELL, J. GILLINGHA~M, del. at large: ture to create banks................, 108 oath of office administered to......... 7 to banks of issue.......................... 181 incidental remarks by............. 475, 503 to debate.......,..................... 593 818 INDEX. FuNcK, JOSrAH-Continued. GOWEN, FRANKLIN B.-Continued. incidental remarks by, 75, 125, 449, 590 resolutions submitted by591. to fix hours of session.................. 152 Future amendments, appointment of thanks to Athenaeum of Philaof committee on........................ 110 delphia................................. 177 to prevent courts appointing any officer......................... 306 GAMBLERS, resolution to prevent, to furnish documents to newspaholding office..................... 198 per reporters........................... 354 Gazette, Pittsburg, article from, rela- relative to stocks and bonds of tive to Pennsylvania railroad...... railroads......................... 599 incidental remarks by, 15, 21, 46, 50, Geary, John W., Governor of Penn- 052, 75, 179, 308, 337, 346, 350, 354, sylvania: 424, 426, 629. proclamation of.............rk............ 3 remars byremarks on death of.................. 635, 636 on election of officers.............. 22, 26 resolutions concerning death of..... 636 on reporting and printing,.36, 79, resolution relative to the funeral of, 690 82, 186, 165. GrBsoN, JoIN,delegateXXth district: on appointment of Committee on oath of office administered to........ 20 Declaration of Rights............... 58 resolutions submitted by- on holding municipal elections in to abolish oaths in court ofjustice, 146 spring............,.................. 310, 318 to provide for spring election of on term of members of the Legisjudges....................................... 277 lature............................ 339, 345 relative to adopting new sections.. 322 on sessions of the Legislature and incidental remarks by................... 170 elections.............................. 405 remarks by — on woman suffrage.............. 540, 563 on appointment of Committee on on tax qualification..................... 631 Declaration of Rights................ 60 on residence qualification........... 680 on sessions of the Legislature...... 439 on form of ballot.................... 778, 799 on suffrage........................5......... 541 Government, seat of, resolution relaon resident qualification.............. 705 tive to fixing................................ 479 Greene county, report of prothonotary (GILPIN, JOHN, delegate XXVIIth f 738 ~~district: ~Ground rents, irredeemnable, resoluoath of office administered to......... 7to.26 tion relative to............................... 266 leave of absence granted to.........3. 309 resolutions submitted by- delegte XI to amend section seventeen, article dstrt: oath of office administered to. XI, of the Constitution............ 131 esol to furnish members additional resolutions submitted byto furnish members additional relative to printing by the State.copies of Debates......................... 7 0 Printer........................... 70 Governor of the Commonwealth: to provide for government of inresolution relative to extending corporated cities.................... 218 term of...................................... 89 term- of.** 89 ~ incidental remarks by...162, 163, 310, 612 to appointjudges...................... 89, 113 to limit pardoning power of......... 90 HALL, JOHN G., delegate XVIIIth to fill vacancies in Legislature..94, 249 district: to fill vacancies in State offices..... 94 oath of office administered to........... 7 to provide for advisory council to, leaves of absence granted to...... 205, 711 in pardons..................... 144 Hall of Convention, device to remedy providing for one term of............ 157 the acoustics of...................... 758 relative to salary of.................... 186 Hallowell, H. W., Secretary Board to forward copy of Debates to...... 202 of Public Education, presents resoto adjourn until after the inaugu- resolution of thanks...................... 685 ration of.................................. 270 HANNA, WILLIAM B., delegate IId GOWVEN, FRANKLIN B., delegate at district: large: oath of office administered to......... 7 oath of office administered to......... 7 communication presented by......... 733 leaves of absence granted to...... 70, 181 resolutions submitted byreport made by.......................... 68 relative to Legislation. 96 INDEX. 819 HANNA, WILLIAM. B.-Continued. HAY, MALCOLM-Continued. resolutions submitted by- resolutions submitted byto provide for election of Lien- relative to aldermen in cities and tenant Governor,State Treasurer boroughs........................ 217 and Attorney General............... 96 incidental remarks by, 7,30, 49, 125, to print rules of the Conventionl... 124 127, 134,188, 204, 232, 252,265, 271, to amend rule VII.................... 131 279, 281, 283, 320, 332, 353, 380, to add a new rule, XLII.............. 131 436, 449, 450, 452, 453,480, 513, 598, incidental remarks by, 41, 124, 454, 628, 661, 662, 689, 691, 733, 756, 471, 597, 601, 717, 780, 801, 805. 800. remarks by- remarks byon time of holding municipal elec- on adjournment......................... 99 tions...................................................... 245 on time of holding municipal elecon resolution relative to stocks and tions............................ 243, 261 bonds of railroads.............. 596 on sessions of the Legislature....... 41.5 Hlarding, Wmin., resolution to contract on special sessions of the Legislawith, to supply printing paper...... 188 ture...................450, 451 copy of contract.................................... 230 on naturalization......................... 671 1ARLAN, A. D., elected Second Assis- on form of ballot............. 786 tant Clerk...................................... 32 IAZZARD, THaos. R.,delegate XXVIth Harrison, Geo. L., President Board of district Public Charities submits extract oath of office administered to...........7 from report.......... 476 report of committee on mileage of.., 187 resolutions submitted by — HIarrisburg, resolution inviting clergy relative to trial by jury-twoof, to open sessions with prayer... 34 thirdsfinding a 129 resolution tendering thanks to........ 139 to provide for the formation of resolution to provide for remaining new counties 130 permanent at seat of government, relative to limiting debate......... 566 107, 195. incidental remarks by.........712, 763, 779 ]HERVEY, EDWARD, delegate XIth dis- remarks bytrict: on sessions of the Legislature....... 380 oath of office administered to......... 7 on salaries of members of the Leg. 501 resolutions submitted by- on form of ballot..................... 771, 772 relative to transportation and rates I-IEMPHILL, JOSEPH, delegate Vth of railroads.............................. 147 district: to provide for the eligibility of oathofofficeadministeredto...... 7 voters....................................... 147to........... toprovoters. rcountie. leave of absence granted to.............. 523 to provide for counties of fifty resolutions submitted bythousand inhabitants, to cotm to provide for a court of pardons... 157 prise separate judicial districts, 148 relative to appointment and tento provide for each county to be a ure ofjudes..157 separate Senatorial district...... 148 toprovideforonetermofGovernor 157 -Iaskell, E., of Philadelphia, memo- to provide for compensation of rial of, relative to jury system... 348 State officers............................ 220 IIAY, MALCOLM, delegate XXIIId to form committee on salaries...... 544 district: incidental remarks by, 266, 473, 481, oath of office administered to......... 7 514, 515, 517, 521, 708, 781. reports made by....124, 139, 186, 280, 691 HEvERIN, JAMES H., delegate at large amendments offered by......149, 452, 453 from Philadelphia: petitions presented by..............660, 758 oath of office administered to......... 7 resolutions submitted by- resolutions submitted byto fix the hours of session............ 88 to combine the courts of Philadelrelative to property taken for pub- phia......................................... 157 lic use................................. - 93 relative to assessments of real esrelative to waiving a trial by jury, 93 tate......................................... 185 to ascertain the amount of pro- relative to competency of witperty exempt from taxation...... 93 nesses................................ 186 to request delegates to furnish to abolish all usury laws............ 205 places of residence.............., 129 incidental remarks by.................. 784 820 INDEX. HEVERIN, JAMES H. —Continued. HOWARD, THoMAs -Continued. remarks by- resolutions submitted byon woman suffrage...................... 620 relative to a general law to preon form of ballot.................... 791 scribe books for schools.......... 132 High, Spencer, communication on to prevent creating of special comqualifications of legislators.......... 455 missions................................. 132 Historical and Genealogical society of relative to indebtedness of the New England, communication Comrmonwealth..................... 132 from, requesting copy of Debates, 431 general laws for taxation........... 132 resolution to furnish to..............431, 433 tax laws.................................... 132 Historical society of Pennsylvania, in- the allegiance of citizens........... 132 vitation from, to visit rooms of..... 21.1 to prohibit Legislature from inaccepted...................................... 212 creasing fees and salaries of perHome, Franklin Reformatory, invita- sons in office............................... 133 tion from directors of.................... 735 to limit debts of counties, cities, HoPEINs, WM., delegate XXVIth etc............................................. 219 district: relative to mechanics' liens.......... 289 oath of office administered to.....,,.w.. 7 enrolment tax........................... 353 leave of absence granted to........... 348 special legislation......................43 resolutions submitted by- election of solicitors................. 432 to disfranchise persons commit- election of officers..................... 637 ting election frauds................... 148 incidental remarks by.................... 347 to provide that elections shall be remarks byfree and equal.......... 264 on oath of office............................ 470 to fix timQ for adjournment, sine on salaries of members of Legisdie.............................. 274 lature..................................... 485 relative to hours of sessions........... 59 on resolution relative to stocks incidental remarks by, 246, 265, 334, and bonds of railroads........... 595 337, 339, 340, 347, 601, 623, 624, 625, on taxing the electors..............639, 651 626, 627, 647, 661, 668, 686, 711. 738, on qualification of electors........... 677 784, 806. on form of ballot.......................... 749 remarks by-' ~remz~arks by- Hv!IuNsICKER, CEHARLES,delegate VIth on resolution relative to stocks district C and bonds of railroads............ 690.. oath of office administered to....... 7 HORTON, GEORCE F., delegate X1Vth leave of absence granted to............ 205 district: resolutions submitted byoath of office adnministered to............aea 7 to make an addition to Bill of petitions presented by................275, 589 Rights...................................... 91 resolutions submitted by-. resolutions submitted by- to amend section two, article IX to make provision for a common of Constittion............... 107 school sinking fund................. 155 school sinking fund. 155 to print all proposed amendments to provide for the rights of magis- to Constitution.137 trates in elections...................155 rel. to sessions of the Legislature, 183 relative to sine die adjournment.... 288 condening private property... condemning private property.. incidental remarks by................ 606oting on new Conto method of voting on new Conremarks by- stitution............................ 218 on woman suffrage..........,.,.,,., b57_1 incidental remarks by, 137, 158, 159, House Commit., resolution to form, 177,189 218 265 310 336 472 473 709 710 appointment of committee on......... 191 715. House of Refuge, invitation of managers to visi.264 remarks bygers to visit...............................,.. 264 acceptance of............................on changing time of holding genacceptance of.....24............... eral elections.......................... 226 hOWARD, THOMAS, delegate XXIIId on sessions of the Legislature and district: oath of office administered to..........7 7 electors..... 418 petition presented by.................... 660 on salaries of members of the Leg. 591 resolutions submitted by- on taxing the elector.... 657 relative to appropriation bills of on resolution limiting debate 664 Legislature.......................131. on qualification of electors.. 677 71... sinking fund............................. 131 Huntingdon county, report of proto create a financial board of control 132 thonotary of......................... 635 INDEX. 821. I. Judgesresolution to abolish office of assoI. BRiE, D. L., Chief Clerk: resolution declaring to be............... 9 election of.................................... 26 toholdofce fortwentyyears.....'. 98 election of.26 to hold office for twenty years...... 98 report of, relative to employees..... 304 to retire on half pay.... 108 Impeachment and Removal from Of- relative to eligibility of......... 129 fice,appointmrent of committee on, 109 to hold office during good behavior 129 Indebtedness of the State, resolution to prevent accepting office not jurelative to........................ 132 dicial, during term...............................133 resolution relating to municipal..194, 198 to extend term of Supreme Court, 146 Industrial interests, resolution rela- relative to appointment and tenure tie to......................................... 157 Industrial Interests and Labor, ap common pleas......................... 183 pointment of committee on.......... 110 qualification of... strct.... 185 report of com. on marital rights... 863 to provide for election ofdistrict........................ 198 Industrial labor, resolution to create a term office of........252 bureau of.................................... 279 bureau of.~~~~ ~~~~~.~~~ ~~~~~~~~~~156 election of, at spring election..... 277 Industrial statistics, resolution rela- to furn ish d ebatesto 279 tive to............................ report of committee on, 289; reIneligibility to office, resolution rela- jected, 289. tive thereto...................145 to prevent Legislature from vestIndiana county, petition from citizens ing appointments in......... 306 relative to salaries of.................... 711 Inspector pGeneral of i.ron, resolution 2 Judicial districts, resolution to divide to create office of................... 186 State into........... Instruction, Superintendent of Public, toprovidefor each county of ifty thousand inhabitants to be a resolution to provide forelection of 202 thousand inhabitants to be a Insurance companies, resolution to separate............................... 148 provide for general law for............ 144 resolution relative to................ 269 reso. to create a commissioner off.... officers, resolution relative to apresolution relative to capital of...... 278 pointnent of........ positions, resolution relative to creatIntemperance, memorial from yearly meeting of Friends, relative to....477 218 system, memorial of members of bar Interest, legal rate of, resolution to establish................................. in Northampton county relativeto, 288 tablish...................................... 217 department, resolution to provide.... 375 Intoxicating liquors, petitions relative provide.... 375 to, presented, 201, 217, 248, 263, Judiciary: appointment of committee on......... 109 264, 275, 288, 336, 362, 409, 431, 477, resolution to print propositions for 523, 544, 589, 611, 635, 637, 685, 711. committee on................................ 158 Iron, Inspector General of, resolution to Create office of.............,....... 1 Juries, resolution to provide that a majority of two-thirds shall renJ. der a verdict................................. 92 JORDAN, Hon. FRANCIS, Sec'y of Com- resolution to provide that trial by, monwealth: shall remain inviolate...... 92, 129, 220 address before the Convention....... 3 resolution to prohibit judges from administers the oath tothe President, 7 charging upon the facts of. the to delegates.................................. 7 case............................................. 93 resolution of thanks to.................... 22 resolution to abolish grand......... 95, 202 incidental remarks by..................... 7 resolution relative to verdict of, in Judges: special murder trials.................... 143 resolution relative to appointment resolution relative to trial by... 182, 194 by the Governor...................... 89, 113 memorial relative to grand.............. 215 relative to increasing number of.. 89 memorial relative to system of........ 248 to prohibit from charging juries Jurors, resolution to provide that exon the facts in the case............ 00 pression of opinion shall not disrelative to residence of................. 96 qualify......................................... 185 to provide for election of.............. 96 resolution relative to qualification of common pleas appointed by Gov- of........................... -................ 457 ernor to be confirmed by the Su- Justices' courts, resolution to estabpreme Court, res. relative to....... 96 lish............................................... 130 822 INDEX. Justices of the peace, resolution to LAMBERTON, ROBERT A. —Continued. provide for appointment of...... 195 resolutions submitted byabolish office of............................ 195 to lengthen time of residence in election district......................... 89 to require that no bill shall be]KAINE, DANIEL, delegate XXVth dis- come a law without concurrence trict: of a majority of members elected oath of office administered to.......... 7 to each House........................... 95 leave of absence granted to.............. 265 to provide for the election of proposes form of oath for President judges...................................... 95 of Convention.............................. 7 to provide advisory council to rises to a question of privilege......... 200 Governor on pardons.... 144 resolutions submitted by — to limit municipal indebtedness... 198 relative to accounts of members... 128 relative to judicial power and to appoint Committee on State..... 197 management............................ to print Constitution................542, 661 incidental remarks by,235,350, 801, 802,803 incidental remarks by, 7, 11, 25, 30, remarks by45, 51, 69, 111, 112, 124, 136, 138, 152, on form of ballot........................... 752 167, 177, 178, 179, 187, 203, 251, 337, Lancaster co., memorial of society of 353, 408, 427, 435, 472, 485, 506, 513, Friends in favor of prohibition..... 348 516, 518, 524, 543, 566, 590, 591, 657, tion........348............ 348 658, 661, 686, 710, 737, 772, 803. petitions of citizens of, in taver of the remarks by- same.................................362, 589, 660 on appointment of Committee on memorials of citizens of, in favor of Declaration of Rights................ 54 female suffrage.......................503, 660 on reporting and printing............. 77 Land-holders' damages, resolution on adjournment........................ 102 relative to.................................... 249 on appointment of Committee on LANDIS, AUGUSTUS S., del. XXIst the State..............................207, 209 district: on term of members of the Legis- oath of office administered to......... lature........................... 342 leave of absence granted to.........152, 479 on sessions of the Legislature..... 443 petitions presented by...............264, 660 on oath of office.......................463, 467 report made by.............................. 739 on form of ballot.............724, 765, 768 resolutions submitted byKeeling, Rev. Robert J., D. D.: to purchasePurdon's Digest......... 74 prayers by..............................39, 63 to prohibit members of LegislaKN-IGHI~ T, EDWARD C., delegate at ture receiving extra compensalarge from Philadelphia: tion.......................................... 96 oath of office administered to........... 7 to provide against special laws memorials presented by.............447, 611 creating corporations................. 114 petition presented by.................... 637 to divide the State into Senatorial resolutions submitted by- and Representative districts...... 114 relative to street railways............ 207 to protect resident shippers.......205 to establish legal rate of interest... 217 relative to funeral of Ex-Governor incidental remarks by...............430, 613 Geary....................................... 690 remarks by- incidental remarks by, 204, 451, 690, 7.1.0 on time of holding municipal elec- remarks bytions.......................................... 315 on resolution relative to reporting on form of ballot.......................... 764 and printing.......................... 85 on sessions of the Legislature...... 368 L. LAw, post facto, or retroactive resoLA.-BOR, memorial of Frederick Fogg, lution, relative to......................... 131 of Philadelphia, relative to........... 348 Lawrence county, report of prothonoLAMBERTON, ROBERT A., delegate at tary of.................'............. 711 large: LAWRIENCE, GEORGE V., del. at large: oath of office administered to........... 7 oath of office administered to......... 7 leave of absence granted to.............. 348 petitions presented by................... 201 resolutions submitted by- reports made by, 542, 565, 587, 610 to increase number of justices of 624, 633, 658, 684, 710, 733, 780, 805. Supreme Court........................ 89 incidental remarks by, 226, 233, 591, relative to legislation................... 89 593, 601, 624, 625, 626, 634, 758. INDEX. 823 L.XW RENCE, GEORGE V. —Continued. Legislature — remarks by- to prevent from vesting courts on resolution to adjourn sixweeks, 115 with power of appointment....... 306 on resolution relative to stocks and debate on biennial sessions of;, 331 bonds of railroads..................... 600 to 334, 449 to 476, 482 to 501. LEAR, GEORGE, delegate VIIth dis- relative to third reading of bills in, 353 trict: relative to fraudulent acts of........ 363 oath of office administered to......... 7 Legislative article, debate on, 454, 457, 476 resolutions presented by, relative to Legislation, resolution relative to...... 89 gamblers. ~~~~~~~~ 197 relative to special.................,...90, 432 amendments to section relative to to prohibit special municipal........... 95 qualifications of Senators...... 452, 453 appointment of committee on......... 109 remarks by- Libel, resolution to provide that the on sessions of the Legislature and truth be admitted in evidence.. 92 elections............................... 402 to substitute for sec. 7, art. IX, in on qualifications of Senators........ 452 Constitution................... 144 on pay of members of the Legis- declaratory of law on....................... 161 lature...................................... 474 Library company of Philadelphia, the lature.~ - 47 Library companyof Philadelphia, the use of, tendered the Conv'n....... 63 Ledger almanac, copiesof, presented Library of the Law Association, use to members................................. 739 of t e.A A..... 63 of, tendered......... 63 Legislature, committee on, appoint- Library, State, resolution relative to ment ot......................................... 109 furnishing booksfrom............... 41 majority report of....................... 238 minority reports from. 22 283..... Licenses, resolution relative to grantminorty reports from............... 252, 283 ing of............................................ 186 printed reports of, to be furnished ngof.186 members............................... 288 Liens, resolution relative to............... members.288 Liens, resolution relative to.96 article reported by majority consid- Lieutenant Governor, resolution to proered............................................. 327 vide for election of........................ 94 resolution to create office of............ 186 Legislature, resolution to prohibit enacting special laws relative to Life and limb, resolution to provide debt............................................. 91 for better protection of, by rildebt.91 for better protection of, by railresolution to authorize Governor to roads 237 fill vacancies in........................ 94 LILLY WILLIAM, delegate at large: to increase number of members oath of office administered to......... 7 of................ 95 resolutions submitted byto prevent members of receiving to require the holding certificates extra compensation................ 96 of naturalization six months beto forbid granting extra compen- fore election.............................. 93; sation to officers of................... 108 to compel each legal voter to exto fix salary of members of.......... 133 ercise suffrage........................... 93; to prevent making appropriations relative to a life tenure for all in private laws......................... 134 judges....................................... 108 requiring Auditor General to pre- to provide for county commissionpare statement of expenses of ers from e6ch township and borforty days after the adjourn- ough................................... 112ment......................................... 134 to define what constitutes a resito choose Senators and Represent- dence....................................... 145 tives of, by single districts......... 143 to supply members with five copies relative to appropriations of mo- of Debates........................... 196; ney by.................................143, 734 to forward copies of Debates to to prevent granting extra com- Governor and Heads of Departpensation to.............................. 156 ments.................................. 202' relative to biennial sessions of..... 183 relative to printing reports of comto provide for apportionment of, 194, 363 Inittees.................................... 248 relative to granting rights by, to to change position of official restreet railways.......................... 201 porters in hall.......................... 355 to limit charitable appropriations relativeto expensesof Convention, 480 by............................................. 205 relative to funds of the Commonrelative to vacancies in either wealth....................... 523: House........... 249 relative to printing reports......523, 524 53,-Vol. I. 824 INDEX. LILLY, WILLIA M-Continued. M'ALLISTERI HUGH N. —Continued. incidental remarks by, 126, 127, remarks by178, 203, 207, 225, 248, 308, 310, 317, on election of stenographer.......... 67 353, 428, 433, 454, 483, 485, 587, 588, on reporting and printing.........77, 169 593, 612, 629, 638, 639, 663, 665, 667, on adjournment........................... 98 711, 712, 735, 804. on time of holding municipal elecLinton, Jno. L., elected Transcribing tions.....................................240, 309 Clerk........................................ 32 on sessions of the Legislature....368 LITTLETON, WILLIAM E., delegate on oath of office........................... 463 IIId district: on suffrage article............525, 526, 531 oath of office administered to.......... 7 on resolution relative to stocks presents resolution of Philadelphia and bonds of railroads............... 598 councils....................................... 10 on qualification...............632, 639, 644 communication presented by........... 252 on residence qualification........699, 705 resolution presented by- on form of ballot.......................... 786 relative to centennial celebration, 353 M'CAMANT, JOEL B., delegate Xth incidental remarks by, 150, 252, 275, district: 332, 481. ~~332,)~ 481. ~oath of office administered to.......... 7 Local self-government, memorial on.. 214 resolutions subminted tyreferred to Committee on Cities and to prohibit the employment of City Charters................................ 217 City~ Charters.217 ~ children under twelve............... 129 LONG, ZACHARIAH, delegate XIth to provide that eight hours shall ~~~district;~ ~ ~constitute a legal days' work..... 129 oath of office-administered to........ 7 7 leave of absence granted to............. 480 M'Camnant, Thomas, temporary chief Longwood, Chester county, memorial Longwood, Chester county, memorial clerk........................................ 3 of Progressive Friends of.................. 589 M'CLEAN, WITLLIAM, delegate XXth Luzerne county, petition of mothers district: and wives of, for prohibition........ 660 oath of office administered to..........7 citizens of, in favor of prohibition... 685 leave of absence granted to. 482 Lycoming county, petitions of citizens incidental remarks by, 225, 350, 635, 783 of, in favor of prohibition, 566,, 589, 611, 685, 711. on appointing Committee on DeM. claration of Rights.................... 59 M'AALLISTER, HUGoH N., delegate at MACCONNELL, THOMAS, delegate large: XXIIId district: oath of office administered to......... 7 oath of office administered to.......... 7 leave of absence granted to............. 336 petition presented by................ 637 resolutions submitted byreports made by............ 177, 503, 693, 739 to prevent the sale of cemeteries.. 91 resolutions submitted by — to exempt property of married tendering thanks to Secretary of women from sale.................. 94 Commonwealth....................... 22 to provide for district courts......... 94 to forbid any officer accepting a relative to orphan's court.............. 94 pass or gratuity from railroad to abolish register's courts........... 94 companies................................, 91 relative to qualification of electors, 184 to prohibit thesale ofintoxicating relative to article on Declaration drinksa.le ofint,,. ox g 91 of -Rights................................... 202 that president judges shall not be to provide for State Board of Prison eligible for re-election............. 129 Inspectors.250 to print the propositions referred incidental remarks by, 121, 266, 346, to the Committee on Suffrage... 192 710, 714. incidental remarks by, 61, 136, 138, remarks by221, 265, 266, 323, 379, 520, 540, 615, on female suffrage....................... 537 616, 623, 638, 650, 687, 706, 707, 708, 723, 783, 800, 801. REM'CULLocH, JOHN, delegate XXIld 723, 783, 800, 801.district: remarks by- district: on election of officers................ 23, 27n on resolution to appoint standing M'Kean county, report of prothonocommittees...................... 47 tary of.......................................... 637 INDEX. 825 ]M'MURRAY, JOHN, delegate XXVIIth MACVEAGHr, WAYNE-Continued. district: remarks byoath of office administered to........... 7 on article providing for term of leave of absence granted to.............. 638 members of Assembly............... 340 report made by................................ 505 on sessions of the Legislature and resolutions submitted by — elections................................... 422 to amend rule VII...................... 107 on section relative to special sesdeclares who shall be admitted to sionsof the Legislature....449, 453, 452 suffrage.............................. 147 on oath of office......................457, 462 relative to capital of insurance onresignationofMr. Dimmick, 736, 737 companies................................ 278 Major, B. Frank, elected Assistant incidental remarks by..................... 329 Postmaster................................ 32 remarks by- Majorities, resolution relative to......... 613 on suffrage article........................ 54 MANN, JOHN S., delegate XVIth disMACVEAGIH, WAYNE, delegate XlIth trict: district: oath of office administered to........... 7 oath of office administered to........... 783 leave of absence granted to.............. 503 petitions presented by.............248, 589 communication presented by........... 735 rises to a question of order.... 234 question of order raised by.............. 143 resolutions submitted byreports made by.................... 21, 238 to instruct committees.................. 74 resolutions submitted by — to amend rule XXXV........... to appoint committee to report on to confer on married women cernumber and compensation of tain rights on death of husbands, 147 officers.......................... 19 relative to election of representato-allow standing committees to tives.................................... 193 transact business during recess.. 135 relative to adjournment............... 269 to print texts of proposed amend- relative to roll-call of members..... 279 ments...................................... 236 incidental remarks by, 8, 21,112,127, requesting prothonotaries to report 189, 232, 233, 274, 276, 364, 395, 521, number of civil cases at issue...... 267 525, 595, 596, 625, 661, 680, 715, 738. to provide for printing committee remarks byreports...................................... 269 on appointment of standing comnto direct Sergeant-at-Arms to place mittees....................................49, 50 only reports on file.................... 306 relative to reporting and printing, 86 to annul rule VII.......................... 306 on res. to adjourn six weeks... 116, 323 incidental remarks by, 7, 8, 9, 19, 31, on time of holding municipal elec42, 50, 51, 52, 111, 114, 139, 178, 233, tions.......................................... 313 236, 268, 269, 271, 305, 307, 310, 322, on providing for term of members 325, 326, 338, 427, 431, 433, 435,. 451, of Assembly.............................. 346 452, 453, 515, 516, 517, 518, 519, 520, on sessions of the Legislature and 739, 759. elections..............................403, 409 remarks by- on woman suffrage................538, 553 on contested seat.......................... 10 on naturalization................... 675 on adjournment to Philadelphia, 12 MANTOR, FRANK, delegate XXIXth on election of officers...............24 to 30 district: on reporting and printing 35 to 36, oath of office administered to........... 7 80 to 83. petition presented by....................... 660 on resolution to appoint standing resolutions submitted bycommittees.........................45 to 48 relative to woman suffrage......... 1F4 on resolution to appoint Commit- to furnish Debates to newspapers, 202 tee on Declaration of Rights...... 60 to provide for protection of life on election of stenographer........... 64 and limb................................ 237 on resolution to adjourn six weeks, 115 relative to limiting debate............ 638 on changing time of holding the relative to Convention printing... 784 general election........................ 227 incidental remarks by, 202, 203, 299, on time of holding municipal elec- 661, 663, 736, 784. tions.......................................... 316 remarks byon article relative to legislative on election of officers.................... 28 power...................... 327 on election of stenographer........... 65 826 INDEX. MANTOR, FRANK-Continued. METZGER, JOHN J., delegate XVth remarks by — district: on salary of members of the Leg- oath of office administered to........... 7 islature...................................... 496 leaves of absence granted to......348, 660 on the suffrage article.................. 537 resolutions submitted byon resolution limiting debate...'..... 662 relative to trial by jury................ 194 on form of ballot......................... 746 fraudulent voting..................... 194 Marriage contract, resolution to pro- to provide for enforcement of convide for annuirent of.................. 147 tracts......................................... 237 Married women, resolution relative remarks byto property of.......................... 94 on woman suffrage...................... 606 to extend rights of, in property........ 146 Militia, appointment of committee on, 109 to confer certain rights on death of Military service, resolution to exempt husband...................................... 147 persons of conscientious scruples Martin, A. M., stenographic reporter: from............................................. 130 appointed by Secretary of the Corn- resolution to exempt ministers and monwealth................................... 3 priests from................................ 288 resolution to pay....................... 194, 691 memorial of Brandywine monthly Mason, H. J., stenographic reporter: meeting, relative to..................... 387 appointed by Secretary of the Com- Military expenses, resolution to proinonwealth................................ 3 vide for payment of.................. 145 resolution to pay....................., 194, 691 Military tax, petition asking exempMemorials of monthly meeting of Memorials of monthly meeting of tion from......................................... 637 Friends, in favor ofprohibition,477, 523 Mines of the State, resolution of inof same, relative to military ser- quiry into the number of persons vice478 52 killed or injured in........................... 95 vice..................................478, 523 of same, relative to capital pun- MINOR, SAMUEL, delegate XXIXth ishment........................ 523 district: of citizens of Philadelphia, rela- oath of office administered to.......... 7 tive to poll-tax......................... 566 petition presented by................. 336 of progressive Friends of Chester resolution submitted bycounty, relative to female suf- to limit legislative appropriations, 205 frage........................... 589 incidental remarks by, 325,329,436,449,450 resolution relative to printing of..... 613 remarks bypetition of same, relative to female on changing time of holding gensuffrage....................................... 783 eral elections................ 228 Mercer county, petitions of citizens of, on providing for term of members relative to prohibition................. 611 of Legislature............ 343, 345 report of prothonotary of............... 635 on election of members of LegisMerchandise, memorial to abolish in- lature.............................. 370 spectors of... 264 on resolution relative to stocks and Merchants' Exchange of Philadel- bonds of railroads.. 598 phia, memorial to abolish inspec- Minority reports of Comn mittee on Suftors of merchandise..................... 264 frage............................ 504, 506, 523 representation, resolution against.... 133 largeD: Monroe, Rev. David S., D. D., prayer elected President of the Convention, 7 by 685 oath of office administered to......... 7 Monroe county, petition of citizens of, address in accepting the office of in favor of prohibition.................. 431 President of Convention............... 7 MOTT, HENRY S., delegate XIIlth disannounces standing committees..... 109 trict: communications presented by, 149, oath of office administered to........... 7 176, 200, 211,212, 263, 264, 274, 288, leave of absence granted to.............. 280 305, 306, 335, 348, 380, 431,455, 476, resolution submitted by523, 589, 758, 781. to extend term of judges of Suincidental remarks by, 7, 75, 87, 152, preme Court........................... 146 178, 180, 187, 188, 189, 192, 218, 234, Mott, Miss Lucretia and others, peti246, 274, 275, 284, 285, 307, 309, 326. tion in favor of female suffrage...... 479 remarks by- Municipal commissions, resolution on point of order.................... 309 relative to......................... 432 INDEX. 827 Municipal reform association, commu- NILES, JEROME B. —Continued. nicatlon from................................... 217 resolutions submitted byMurphy, D. F., elected official steno- offering an article on formation of graphic reporter........................ 128 new counties............................. 155 report of contract entered into with... 139 to equalize taxation.................... 220 duly qualified.............................. 139 incidental remarks by, 149, 184, 332, 337, 628, 629, 632, 638, 654, 658, 737, 756. NEWLIN, JAMES W. M., delegate Ist remarks bydistrict: on residence qualification............ 674 oath of office administered to.......... 7 Northampton county, memorial of bar reports made by, 43, 69, 74, 139, 140, of, relative to the judicial system, 288 161, 188, 229, 230, 231, 277, 278, 279, 0. 282, 289, 688. OATns administered to members of resolutions submitted by- Convention............................ 7 to contract for supplying printing of civil officers.......................... 97 paper......................................... 188 to abolish in courts of justice......... 146 to provide for impeachment of lo- of office, for city councilmen, resocal officers................................ 249 lution relative to......................... 185 to establish probate court in Phila-. Officers, number and compensation of, delphia......................... 267 committee on, appointed.............. 19 to furnish Debates to the several report of committee on.................... 21 courts....................................... 279 election of....................................... 22 relative to municipal commissions, 432 debate on election of.................22-31 common school fund................ 479 qualified......................................... 39 limitation of offices.................. 503 officer appointed to take charge of State board of education............ 758 coat room................................... 74 incidental remarks by, 44, 52, 137, resolution relative to appointment 158, 175, 176, 233, 289, 347, 379, 380, and compensation of State......... 220 450, 480, 521, 688, 689,'735, 739, 781, fixing stated salaries to................ 220 782, 785. impeachment of local.................... 249 remarks by- Offices, resolution relative to incomon resolution from Committee on patibility of................................. 249 Printing........................ 140, 162, 167 Official qualification, resolution relaon sessions of the Legislature and tive to.182 elections................................... 379 eligibility, resolution relative to...... 183 on oath of office....................454, 459 duty, resolution to provide for punrelative to omit report of prayers.. 521 ishment of neglect of.............. 201 on form of ballot......................... 771 Onslow, James, elected Sergeant-aton printing the Debates............... 785 Arms....................................... 30 New counties, article on formation of.. 155 leave of absence granted to..... 277 New England Historical Society, com- Orphans' court, to consist of one j udge munication from.......................... 431 learned in the law 94 resolution to furnish Debates to...... 433 clerk of, to act as register of wills... 94 New York Constitutional Commis- P. sion, communication from............ 200 PAGES, resolution to appoint addiresolution to forward Journal to...... 210 tional................................. 177, 198 copy of Journal of, presented........... 589 report of committee on pay of......... 187 Newspapers, resolution to forward De- debate on resolution to pay............. 192 bates to........................................ 202 PALMER, GIDEON W., delegate XIIIth debate on.............................202, 203, 204 district: reporters of, resolutions to furnish oath of office administered to.......... 7 dlocuments to..................354, 594 report of committee on mileage of... 187 NILES, JEROME B., delegate XVIth resolution submitted bydistrict: defining oath to be administered oath of office administered to........... 7 to civil officers........................... 97 leave of absence granted to.............. 124 PALMER, HENRY W., delegate XIIIth petition presented by...................... 635 district: report of committee on mileage of.. 187 oath of office administered to.......... 7 report made by................................ 283 leaves of absence granted to....... 109, 638 828 INDEX. PALMER, HENRY W.-Continued. PATTERSON, Trios. H. B.-Continued. report of committee on mileage of... 187 resolutions submitted byresolutions submitted by- acknowledging God in the Constito prevent judges from charging tution.................................... 236 juries upon the facts of the case, 93 relative to an examining commitrelative to adjournment............... 613 tee.................................... 691 incidental remarks by, 457, 461, 471, 607 incidental remarks by.................. 515 remarks by- PATTON, JosEPH G., delegate XIVth on time of holding municipal elec- district: tions........................................ 259 oath of office administered to.......... 7 on oath of office..................454, 459 petition presented by...................... 288 Pardons, resolution to limit the power resolutions submitted byof Governor to grant.................... 90 relative to form of ballot.. 112 resolution requesting list of, nega- county advertising............. 690 tived............................................ 91 remarks byrelative to a court of.................. 157 on form of ballot.740 to provide for council of.......... 14 Peace Society of Pennsylvania, meto provide for advisory council to morial fom..196 Governor on..................., 144 Penal confinement, resolution relative Governor to have power to grant, Governor to have power to grant, to................................................. 182 except in impeachment........... 146 Pennsylvania, residents of, petition memorial of Prison reform associa- for suffrage..479, 589 tion on..................................... 263 residents of, petition for restrictions n railroadsn on.......................... 660 Parker, A. T., elected Transcribing Convention invited to visit Unive 660 Clerk..................................... 32 sity of................................... 589 PARSONS, HENRY C., delegate XVth railroad, newspaper article rela. to. 595 district: Penitentiary, Eastern, invitation of oath of office administered to........... 7 inspectors of.......................... 733 leaves of absence granted to.......348, 758 Perry county, petition of citizens relpetitions presented by, 589, 611, 685,711 ative to railroad corporations........ 477 resolutions submitted by — Philadelphia,petition relative to fraud, relative to official eligibility......... 183 from Citizens' reform association female suffrage.......................... 194 of................................................. 544 to reports of Supreme Court...... 194 memorial from citizens of, relative incidental remarks by.........223, 592, 758 to poll tax.................................... 566 PATTERSON, D. W., delegate IXth di s- invtation o select an common trict: councils to convene in............. 10 resolution relative to adjournment oath of office administered to......... 7 to..............1............................. 10 rises to a question of privilege........ 124 debate on adjourning to. 18 debate on adjourning to...............11, 18 resolutions submitted by-. committee appointed to confer with to authorize owners of property councils of..........63 to vote on raising money by taxation......................................... report of..................................... 77 re-consideration of vote on resolution against cumulative voting............ 133 to............... to adjourn to................... 88 to exclude persons convicted of crime from suffrage................ 133 resolution tendering thanks to counrelative to corporations................. 613 cils of........................................... 151 relative to corporations................6 613 incidental remarks by................50, 502 inviting clergy of, to open sessions remarks by-................ with prayer................................. 154 on adjournment to Philadelphia... 17 combining courts of................ 157 invitation from Athenamum of, to on appointment of Committee on vitation from Athe of, to Declaration of Rights.............54, 57 iit. 17 term of members of the Legisla- resolution relative to seat of governterm of members of the Legislature.......................................... 341 ment at........................................ 193 form of ballot.............. 723 Imemorial from Municipal reform Iorm of ballot........................... 723 association of............................... 212 PATTERSON, THOMAS H. B., delegate Prison reform association of........... 263 XXIIId district: Mercantile Exchange of.................. 244 oath of office administered to.......... 7 resolution to furnish Debates to Merleaves of absence granted to......270, 758 cantile library of................. 265 INDEX. 829 Philadelphia- Private Corporations, Foreign and Doinvitation extended to members to mestic, etc.visit Mercantile library of............ 335 appointment of committee on......... 109 Pike county, report of prothonotary resolution reported from........... 136 of, presented............................... 523 Probate court, establishment of, relacitizens of, petition for female suf- tive to........................................ 104 frage......................................... 635 of Philadelphia, relative to estabPittsburg, invitation from councils to lishment of.................................. 267 convene in.......................... 21 Prohibition, petitions submitted relathanks extended to councils of........ 21 tive to, 201, 217, 248, 263, 264, 275, Debates to be furnished Mechanics' 288, 336, 362, 378, 566, 635, 637, 660, institute of................................... 265 711, 734, 758, 781, 783. Debates to be furnished Mercantile resolution relative to....................... 592 library of...................................... 265 Property, private, resolution relative Gazette, article from, relative to to condemning............................. 196 Pennsylvania railroad.................. 595 resolution to, provide for uniform memorial from citizens of, relative valuation of............................... 206 to female suffrage...................... 503 public, resolution relative to approPoll tax, memorial from citizens of priation of, by corporations.......... 236 Philadelphia, relative to............... 566 Prosecution, resolution relative to limPORTER, DANIEL S., del. XXIVth itation of......................................... 566 district: Prothonotaries and clerks of courts oath of office administered to.......... 7 to be appointed........................... 183 leave of absence granted to............ 250 resolution requesting report from, resolution submitted by- of number of civil causes at issue relative to furnishing Debates to in their respective courts, 267, 268, newspapers...........................^...... 594 322, 323, 325. incidental remarks by.............659, 689 reports of, received, 431, 523, 589, 611, Postage, resolution relative to, on De- 635, 637, 685, 711, 758. bates.594, 687, 785 Public debt, resolution relative to Post office, resolution relative to........ 637 funding of.................................... 205 Potter co., report of prothonotary of, 611 resolution to prevent exceeding taxPrayers, resolution relative to omitting ation........................................ 220 reporting of.................................... 520 funds, State Treasurer to publish Preferential voting, resolution to pro- quarterly statement of...... 195 vide for........................................ 198 treasurers, resolution relative to Price, Henry B., elected postmaster, 37 term of......................................... 198 Printing, reports of'olnmittees, reso- and municipal debts and sinking lutions relative to................... 248, 269 funds, appointment of commitDebates, resolutions relative to, 587, tee on.................................... 109 660, 784. PUGHE, LEWIs, delegate XIIIth dis Constitution, resolution relative to.. 660 tricth and binding, appointment of committee on................................ 110 mittee on.110 oath of office administered to.......... 7 leave of absence granted to............... 192 report of committee on, 139, 140, leave of absence granted to192 161, 229, 230, 289. resolutions submitted byto establish a bureau of statistics.. 130 debate on resolution relative to, relative to free schools of science, 480 162, 176. to regulate style of, committee Purdon's Digest, resolution to puron, 205. chase copies of................74, 307, 308, 687 and stationery contracts, resolu- PURMAN, ANDREW A., delegate at tion to provide for.................. 249 large: Prison reform and discipline, resolu- oath of offce administered to......... 7 lution to provide for.................. 193 leave of absence granted to............ 109 association, memorial of.................. 243 resolution submitted byinspectors, resolution to provide for relative to origin of bills raising State............................................. 250 revenue..... 156 Prisons, report of Board of Charities incidental remarks by, 252, 329, 351, 352 submitted, relative to.................476, 503 remarks byPrivate bequests, memorial against on changing time of holding genpublication of.................................. 254 830 INDEX. PURMAN, ANDREW A.-Continued. Quorum of standing committees, resremarks by — olution to constitute....................... 362 on vesting local legislation in lo- R cal authorities................ 329 authorities..329 RAILROADS, resolution to compel consalary of members Legislature, 492 struction of fence along............47 PURVIANCE, JOHN N., delegate relative to transportation and rates XXVIth district: of....................................... 147, 217 oath of office administered to.......... 7 to obligations of......................... 156 leaves of absence granted to...... 152, 250 to franchises of......................... 157 resolutions submitted by- to property of. 183 relative to special tax on railroad to consolidation of....................... 197 and insurance companies........... 107 to privileges of............................. 198 for Harrisburg to remain perma- to damages against....................... 198 nent seat of government.,......... 107 compelling, to provide protection all banks to be established under for life and limb........................... 237 a general law............................. 107 communication from Auditor Geneto provide for payment of State ral relative to.............................. 288 debt................................... 113 petition from citizens of Perry counto fix salary of members of the ty relative to................................ 477 Legislature in the Constitution.. 133 resolution relative to stock and General Assembly not to make bonds of....................................594 appropriation in any private petition from citizens for restrictions law........................................... 134 against...................................... 660 Auditor General to prepare state- and canalsment of expenses of Assembly appointment of committees on..... 109 forty days after adjournment.... 134 article proposed, relative to......... 153 State Treasurer to furnish state- to prevent leasing coal or mining ment of interest paid on public lands to................................... 95 debt.......................................... 186 to prevent making unjust disto elect Judges of Supreme Court crimination.............................. 96 by districts............................... 197 resolution to inquire into capital relative to eligibility of members, 201 stock of................................... 219 incidental remarks by..................... 241 and coal companiesremarks by- resolution inquiring into corporate on resolution relative to accounts powers of.................................. 63 and expenditures................... 72 READ, JOHN R., delegate lid disPURVIANCE, SAMUEL A., delegate trict: XXIIId district: oath of office administered to......... 7 oath of office administered to.......... 7 resolutions submitted byleaves of absence granted to.....109, 734 to prevent the Legislature grantmemorial presented by................... 503 ing extra compensation............ 108 resolutions submitted by- relative to railroad privileges...... 198 fixing time for sine dte adjourn- tenure of public treasurers........... 198 ment...................................... 306 amendment to Federal Constituelection and term of Senators...... 432 tion.................................. 237 relative to separate amendments incidental remarks by, 149, 265, 342, on suffrage................................ 590 345, 408, 593, 624, 713, 736, 806. incidental remarks by, 6, 590, 591, remarks by592, 647. on adjournment to Philadelphia, 16 remarks by- on adjournment......................... 103 on reporting and printing Debates, on form of ballot.......................... 750 85, 171, 172. Reading railroad, resolution relative Q. to...............288 QUESTION of order- Real estate, resolution relative to asMr. MACVEAGH rises to a................ 143 sessment of.................................... 185 MIr. MANN rises to a.................. 234 REED, ANDREW, delegate XXIId disQuestion of privilege- trict: Mr. ID. W. PATTERSON rises to a...... 124 oath of office administered to......... 7 Mr. KAINE rises to a....................... 200 resolution submitted by, relative to Mr. CRAIG rises to a........................ 358 legislation.................................... 97 INDEX. 831 REED, ANDREW- Continued. Resolutionsincidental remarks by.........295, 296, 565 requesting Auditor General to furremarks by, on fixing time for hold- nish statement of expenses of ing municipal elections........ 293, 298 Convention of 1837-8............... 40 salary of members of Legislature, 496 John A. Smull, resident Clerk sessions of the Legislature and House of Representatives, to aid elections................................... 398 the officers.............................. 40 Registers' courts, abolishing.............. 94 Secretary of Commonwealth to of wills, abolishing office of.....94, 96, 160 furnish expenditures of DepartReligious and Charitable Corporations ments....................................... 40 and Societies- - requesting State Librarian to furappointment of committee on........ 109 nish books to members.............. 41 Reporter, official, compensation of..... 125 to print Constitutions of 1776, 1790 proviso in regard to.................. 127 and 1838........................ 41 election of............................ 128 requesting Auditor General to furto change position of, in hall..........355 nish members copies of his reto Supreme Court, resolution rela- port.......................................... 42 ative to appointment of..............194 members to select seats by drawReporters of the press, resolution to ing................................ 63 furnish De b tsbates to..,,322 Secretary of Commonwealth to Reporting and printing Debates, re- furnish list of acts granting corport of committee on.....35, 44, 74, 12 porate powers to railroad and Representatives, resolution to extend other companies..................... 63 term of........................................ 89 to appoint committee to confer with to increase number of.................. 146 councils of Philadelphia............... 63 relative to election of...................... 193 to proceed to election of stenograto qualification of.......................... 453 pher................................... 64 Residence of electors, resolution rela- to adopt rules reported by committive to.......................................... 89 tee............................................ 69 resolution to define what consti- to adopt Jefferson's Manual............ 69 tutes............................ 145 to print one thousand copiesof rules, 70 Resignation of Daniel L. Rhone.........38 for State Printer to execute the John G. Freeze.62 printing for Convention......... 70 John G. Freeze.................. pitn f........... 62.... Resignations, resolution relative to to examine all accounts of expenses non-acceptance of.. 7 monthly.7,.2, 73 non-acceptance of........................ 74 monthly...........................72,'73 committees to meet in Harrisburg Resolutions- once a week............................... 72 prescribing oath to the President directing Assistant Door-keeper to and members.............................. 7 take charge of coat-room............... 74 rules of Convention of 1837 be adop- requesting Secretary of Commonted....................,..............., 8 wealth to furnish six copies Puraccepting invitation to meet in Phil- don's Digest................................. 74 adelphia..................... 10, 13, 15, 16, 21 requiring committees to adhere to appoint committee to report num- text of present Constitution..... 74 ber and compensation of offi- to print five hundred copies of cers....................................... 19 rules.........................71 declaring Mr. Temple entitled to a to accept resignation of members, 74 seat.......................................... 20 relative to appointment and comtendering thanks to Secretary of pensation of stenographer............ 75 Commonwealth........... 22 to appoint temporary stenographer, 81 appointing committee to report offi- authorizing Committee on Printing cers............................................. 22 to receive proposals for reportto proceed to election of officers...... 26 ing, etc............................81, 84, 86 declaring certain persons officers..... 30 secretary to furnish stationery... 87 appointing committee on rules &c., 32 relative to the public printing......... 88 inviting clergy of Harris.Jurg to to fix hours of sessions, 88, 160, 161, open sessions with prayer............ 34 266, 267, 307, 378, 594, 686. relative to reporting and publishing, 35 to secureright of suffrage............... 9 appointing Caleb E. Wright a mem- to extend term of Governor to four ber............................................... 39 years............................. 89 832 INDEX. Resolutions — Resolutionsto prohibit special exemptions from relative to bribery.......................... 92 taxation............................ 89 trials for libel............................... 92 to extend term of Representatives to prohibit divorces, except for aduland Senators......................... 89 tery........................................... 92 to require electors to reside ninety relative to costs on bills ignored or days in district before voting..... 89 on acquittal.......................... 92 authorizing Governor to appoint all trial by jury remaining inviolate, 92 judges...................................... 89 to exempt $1000 from sale for debt, to increase number of judges of 92, 144. Supreme Court........................ 89 to print all resolutions and proposirelative to legislation....................... 89 tions............................................ 92 to lengthen a time of residence in to provide for reporting proposed an election district........................ 89 amendments in committee of the requesting Auditor General to fuir- whole....................................... 93 nish information.......................... 89 to require holding naturalization cerpreventing Legislature passing local tificates six months...................... 93 or special laws............................ 90 to compel each legal voter to exerto refer present Constitution to sev- cise suffrage................................ 93 eral committees.......................... 90 relative to taking private property to prohibit appropriations to secta- for public use.93 to waive a trial by jury.................. 9m rian institutions.......... to waive a trial by j................. 93 to deine the term of members of to ascertain property now exempt t~otm taxation.............................. 93 Legislature................................... 90 tog in b n r t te to forbid judges charging juries to give foreign born residents the privilege of State citizens............ 90 to enable the Governor to fiacts.93 to enable the Governor to fill vato abolish all fees collected from escancies in Legislature.................. 94 tates of decedents90 to provide for the election of Lieuthe offices of aldermnan and j usthe*~~~~~ ofie outenant Governor........................... 94 tice of the peace........................ 90 to empower Governor to fill all vato limit the pardoning power of the cancies in State offices.94 Governor...................................... 90 G oto refer all resolutions to standing to provide for salaries to all public committees 94 committees................... 94 officers......................................... 90 offiers.90e relative to property of married worequestinlg Secretary of Common- men..94 m en............................................. 94 wealth to furnish list of all par- to divide the State into judicial dons since 1838............................. 91 disticts.94 to estfablish a court of pardonst.i. 91 relative to the orphans' court.......... 94 to forbid public officers acceptiing a to abolish the register's court........... 94 pass or gratuity from railroad con- to prevent special legislation in panies........................................... 9 91 n cial aio 5 municipal affairs.......................... 95 to prohibit sales of intoxicating li- restictingfurthergrantstocorporaquors.......................... 91, 113, 146, 148 titins.g to95 ~qu()ors... 91, 113, 146, 148 ~tions........................................... 95 requesting certain information of to increase nunber of members of Auditor General........................ 91 Assembly.... 95 to amend the Bill of Rights.. 91 to prohibit railroad or canal compato allow all persons without regard nies holding coal or mining lands, 95 to nationality to vote..................... 91 requesting Secretary of Commonthat trial by jury shall remain in- wealth to furnish number of perviolate............91 sons killed or injured in working to prohibit special laws extending of mines 1869 to 1871..................... 95 time of contract debts.............. 91 to abolish the grand jury system...... 95 to prevent the sale or disposal of relative to judges residing in their cemeteries.................................... 91 district........................................ 96 to provide for an article on educa- to prevent bills becoming laws withtion.............................................. 91 out the concurrence of a majority acknowledging God in the Constitu- of'the members elect to each tion..........................................92, 236 House.......................................... 96 to authorize juries to render a ver- toprovide for the election ofjudges, 96 diet by a majority of two-thirds... 92 relative to priority in liens.............. 96 INDEX. 833 Resolutions — Resolutions — to empower Governor to appoint to elect county commissioners for judges of courts of common pleas, 96 each borough and township......... 112 to abolish office of associate judge.... 96 to prevent fraud on the ballot......... 112 to abolish office of register ofwills, 96, 160 to take pardoning power out of hands relative to legislation.....................96, 97 relative to increasing corporate debt, 113 to provide for election of Lieutenant to protect liberty of speech and the Governor, State Treasurer and At- 113 press......................................... 113 torney General............................. 96 to appoint judges of the court 113 to appoint judges of the court......... 113 to prevent unjust discrimination to provide for extinguishment of against local freights................... 9 State................................. 113 defining oaths to be administered to to withhold aid for sectarian insticivil officers............................ 97 tutions....................1.................... 113 to abolish secret ballot, and to an- to prohibit Legislature enacting spethorize voting viva voce............... 97laws 114 cial laws....................................... 114 to amend rule XXXVI.................. 97 to divide State into seventeen Senato provide for election of commis- toral districts 114 sioners of elections and registry to provide for compensation of offilaw........................................ 97 law.. cial service in Constitution........... 114 appointment of prothonotaries and appointment of prothonotaries and to print five hundred copies of rules clerks of court..................... 98 of Convention.............................. 124 to invest councils with exclusive to fix compensation of official reto fix compensation of official reright to raise mohaey by loan or righlevy to raxes.e moey by loan or porter........................................ 125 levy taxes................................. 98 to proceed to election of official reto require Legislature to make anporter.......................................... 128 nual appropriationsfor education, 10428 relative to expenses of members..... 128 to establish a probate court....,.... 104 to establish a Supreme Court........... 10 requiring members to furnish the t a a r u.. Clerk with their place of resito levy a special tax on railroad and denre......... 129 dence........................................129 insurance corporations for educa- relative to Journal of Convention... 129 tional purposes............................. 107 tioa purequesting Secretary of Commonto provide for Harrisburg to remain wealth to furnish statement of permanent seat of government..... 107 votes cast for Constitutional Conto prohibit creating of banks, except vention In 1871.............................. 129 under a general law..................... 107 to amend rule XL.... 129 to amend rule VII....................107, 131 to require courts to establish rules to authorize officers of Convention for transaction of business........... 129 to draw warrants on State Trea- to prohibit the employment of chilsurer..................................... 107 dren under twelve years.............. 129 to amend section II, article IX, of to constitute eight hours as a legal Constitution............................ 107 day's work.............................. 129 to direct that paper furnished Con- relative to election of president vention have an appropriate head- judges............... 129 ing............................................... 107 to provide for judges holding office relative to a general law for collect- during good behavior.................. 129 ing tax......................................... 107 to provide that trial by jury shall to annul all bank charters............... 108 remain inviolate......................... 129 to withhold power from Legislature to amend article XII of Constitution, 130 to create banks............................. 108 to establish a bureau of statistics..... 130 to require names of absentees to be to provide for joint sessions of announced after call of yeas and standing committees................. 130 nays............................................. 108 to exempt persons having conscienrelative to a life tenure for all j udges, 108 tious scruples from military serto prevent Legislature from grant-. vice........................................ 130 ing extra compensation to any of. to change time of holding State elecficer.................. 108 tion........................................ 131 to refer Constitution to standing to prevent denominational control committees................................... 110 of the public schools.................... 131 to refer all proposed amendments to prevent the enactment of post to standing committees................. 111 facto or retro-active laws......... 131 834 INDEX. Resolutions- Resolutionsto guarantee equal rights of suf- to print 5,000 copies of Debates....... 139 frage............................................. 131 declaring State Printer is not entirelative to retro-active laws............. 131 tied to printing of Convention...... 140 to amend section eleven,Declaration to direct Committee on Printing to of Rights...................................... 131 confer with State Printer.............. 141 relative to appropriation bills of to increase number of Committee on Legislature................................ 131 State Institutions and Buildings... 143 Sinking fund............................... 131 relative to appointment of a Council to create financial board of control... 132 of Pardons................................... 143 relative to a general law to pre- to choose Senators and Representascribe books for public schools..... 132 tives by single districts................. 143 to prevent creating special comulmis- relative to verdicts in murder cases, 143 sions................................................. 132 to provide for holding general elecselative to i ndensedness..132he CoxA- to provide for holding general elecrelative to indebtedness to the Coni- tions in November..................... 143 rnonwealth................................ 132 to amend the law of libel................. 144 a general law for taxation.......... 132 to prevent legislative interference tax laws....................................... 132 n tax laws.....,,,,.,,,.,, 132 with the rights of employer and the allegiance of citizens.............. 132 employee.................................... 144 to prohibit the Legislature increas- to provide fox examination of all ining fees and salaries of persons in provide for examination of all ining fees and salaries of persons in surance companies....................... 144 office............................................ 133 relative to mayors of cities...................... 144 to allow owners of property to vote to provide for Advisory Council to for taxation................................. 133 Governor to pass on pardons.... 144 to prevent cumulative voting.......... 133 relative to truth given in suits for to exclude persons convicted of in- libel.......................,g............ 144 famous crimes from suffrage........ 133 famous crimes from suffrage 133 to prevent Legislature from approto enlarge the rights of stockholdto enlarge the rights of stockhold- priating extra pay..................144, 156 ers in all corporations.................. 133 priating extra pay..144, 150 to provide forr amending onstitu.... - 133 relative to expenses in cases of conto provide for amending Constitu- tested seats,................................ 145 tion every thirty years................. 133 to allow every man to practice as an to. prevent judicial officers accepting attorney..........,................ 145 other offices during term. 133 attorney............. 145 other offices during term.............. 133 relative to ineligibility to office... 145 to fix salary of members of Assem- to provide for the election of a State bly in Constitution..................... 133 Commissioner of Agriculture....... to prevent Assernbly making appro- to define what constitutes a resipriations in any private law........ 134 dence..................................... 145 to request Auditor General to pre- to provide for paying military expare statement of expenses of Leg- penses out of general fund. 145 islature forty days after adjourn- to abolish grand jury system....... 145 ment............................................ 134 relative ligh ts of suffrage of persons relative to reports from five first in ilitary s ervice................. 145 committees.................................. 135 to allow all standing committees to to prevent the creating any corporation for agricultural purposes.... 14 transact business during recess..... 135 to request Auditor General to fur- to provide for election of judges of nish information in regard to cor- common pleas by cumulative sysporations..em................................... 145 to request Secretary of Treasury of to abolish oaths in courts of justice, 146 U. S. to give information relative to prescribe the duties of Governor, 146 to National Banks in Penn'a......... 136 to provide for appropriations by Legtendering thanks to John A. Smull, islature......................................... 146 Esq., resident Clerk House of relative to passage ofapportionnlent Representatives........................... 136 bills.................... 146 to print propositions referred to Committee on Suffrage................. 136 to extend term of judges of Sutendering thanks to Gen. James L. preme Conrt.146 Selfridge, Clerk of House of Rep- declaratory of the rights of married resentatives................................. 139 women in property...................... 146 tendering thanks to clergy of Har- to provide for number of members risburg.......................................... 139 of House of Representatives...... 146 INDEX. 835 Resolutions- Resolutionto provide for number of members relative to appointment of judicial of Senate.................................... 146 officers.......................................... 160 declaring who shall be entitled to declaratory of the law of libel......... 161 suffrage................................. 147 tendering thanks to Philadelphia to secure legal rights to a wife on Athenceum.177 death of a husbant h I' h d................ 147 relative to banks of issue................ 181 penal confinement........................ 1 to compel railroad companies to pnal confinement...................... 1 fence their roads.........147 common pleas jurisdiction............182 official qualification..................... 182 relative to bribery in elections.........147....trial by ury182, 194 transportation and rates on rail- the sinking fund.............182 roads........................................ 147 private property........................... 182 to prescribe the eligibility of voters, 147 special privileges................ 183 to erect counties of fifty thou- offcial eligibility............................. 183 sand inhabitants into separate ju- to provide for biennial sessions of dicial districts............................. 148 the Legislature............................ 183 to provide for each county being a relative to corporation franchises..... 183 Senatorial district..................... 148 right of eminent domain........183, 249 for formation of new counties, 148, 195 railroad property......................... 183 to disfranchise all persons commit- to provide for cumulative voting for ting election frauds...................... 148 corporation directors.................... 183 relative to drawing of seats............ 149 to require voting at delegate electo draw seats of absent members..... 151 tions..................................... 184 to fix hour of meeting.............. 152, 154 to prepare a Convention directory... 184 tendering thanks to the city coun- relative to woman suffrage............. 184 cils of Philadelphia................... 151 to provide for the composition of proposing an article relative to rail- the Legislature............................. 184 roads and canals........................... 153 to abolish capital punishment........ 184 to invite the clergy of Philadelphia relative to qualifications of electors.. 184 to open sessions with prayer......... 154 relative to oath of office for city to prevent school money to be used councilmen................................. 185 for sectarian purposes.................. 154 relative to qualification ofjudges..... 185 to abolish all offices for weighing, relative to assessment of real estate.. 185 gauging, etc................................. 155 relative to qualification of jurors..... 185 to ensure the better protection of relative to competency of witnesses, 186 the press...................................... 155 to provide for salary of Governor..... 186 to provide for a common school sink- relative to industrial statistics......... 186 ing fund.............................. 155 to limit the granting of licenses...... 186 relative to rights of majorities in to create new State officers.............. 186 elections.................................. 155 to elect Secretary of the Commonorigin of bills raising revenue....... 156 wealth and Attorney General...... 186 to create a bureau of industrial la- to add a Committee on Federal Rebor............................................... 156 lations.......................................... 186 to provide for county boards of su- requesting State Treasurer to furpervisors............................. 156 nish statement of interest on pubrelative to the obligations of rail- lic debt......................................... 186 road companies............................. 156 to increase number of Committee on to combine courts of Philadelphia... 157 State Institutions.......................... 189 to provide for a court of pardons..... 157 relative to adjournment.................. 191 relative to appointment and tenure relative to election of representaof judges............................ 157 tives................................... 193 to provide for one term of Governor, 157 relative to tenancy by courtesy........ 193 to submit prohibition article sepa- to provide for prison reform and rately to the people.................... 157 discipline.......................... 193 relative to railroad franchises......... 157 to fix seat of government at Philaamendments to Federal Constitu- delphia........................................ 193 tion.......................................... 158 to pay temporary stenographers...... 194 validity of acts of Assembly........ 158 to provide for legislative apportionto print proposition before Judiciary ment............................................ 194 Committee................................ 158 relative to partial female suffrage.... 194 836 INDEX. Resolutions- Resolutionsto provide for appointment of Su- to constitute boards of arbitration.. 204 preme Court reporter.................. 194 to enter names of absent or non-votrelative to responsibility of corpora- ing members............................. 204 tions.......................................... 194 to district the State into divisions... 204 municipal indebtedness............... 194 to limit the number of apprentices.. 194 205 relative to fraudulent voting. 194 relative to funding public debt.r 205 to provide for appointment ofj ustices to regulate style of committee printofthepeace............................... 195 ing..... 205 publishing quarterly statements of to establish courts of conciliation..... 205 public funds................................. 195 to limit legislative charitable approto provide for capitol to remain at priations....................................... 205 Harrisburg................................... 195 to abolish all usury laws................. 205 relative to arranging election pre- to provide for uniform valuation of cincts............................................ 195 property............................... 206 to abolish justices of the peace and to establish a legal rate of interest... 217 aldermen........................... 195 relative to discrimination in railroad relative to new counties.................. 195 freights.................................... 217 to provide for election of Secretary aldermen in cities and boroughs... 217 of Commonwealth and Attorney partition of sheriff's duties........... 217 General........................................ 196 judicial positions.......................... 218 relative to condemning private pro- method of voting on new Constiperty............................................ 196 tution........................................ 218 to furnish members with five copies to provide for government of, in inof Debates................................. 196 corporated cities........................... 218 to appoint a committee on the State, 197 of inquiry into the capital stock of relative to annulment of marriage railroads and canals..................... 219 contract........................... 197 to limit debts of counties, cities, &c., 219 to provide for election of Supreme to fix stated salaries of public officers, 220 Judges by districts....................... 197 relative to inviolability of trial by relative to consolidation of railroads, 197 jury............................................. 220 gamblers............................. 198 to provide for equal taxation...... 220 to limit municipal indebtedness...... 198 relative to indictment and trial for relative to railroad privileges.......... 198 felony......................................... 220 tenure of public treasurers........... 198 to provide for election of a State to provide for election of district revisor........................................ 234 judges....................................... 198 relative to judicial power and arvacancies in office of State Treas- rangement.................................., 234 urer........................... 198 to provide for future Constitutional relative to damage against railroads 198 Conventions................................. 135 to provide for preferential voting.... 198 to print texts of proposed amendto change the style of official docu- ments.......................................... 236 meats.198 relative to marriage contract and ments.................................. 198 relative to marriage contract and to appoint two additional pages...... 198 right of property....................... 236 to pay Charles Lilly for services as to provide for amendment to Fedpage.......................................... 199 eral Constituition...................... 237 to employ Powell DeFrance............ 201 for the protection of life and limb, 237 relative to eligibility of members of to regulate rates of freight............ 237 Convention............................... 201 to secure the enforcement of conneglect of official duty................. 201 tracts................................. 237 granting rights by Legislature to to tax the property of corporations, 237 street railways........................... 201 to disfranchise persons convicted of to forward Debates to New York bribery, etc................................... 237 Constitutional Commission........... 201 requesting response from Auditor to abolish the grand jury system.... 202 General to former resolution......... 248 to provide for election of Superin- to print reports of committee......... 248 tendent of Public Instruction... 202 to provide for impeachment of local compulsory education.............202, 206 officers...........................249 relative to article on Declaration of relative to landholders' damages... 249 Rights.......................................... 202 incompatibility of officers............ 249 INDEX. 837 Resolutions- Resolutionsto provide for contracts for state- to exempt ministers and priests ment and printing of the State.. 249 from military duty...................... 88 legislative vacancies..................... 249 relative to Reading railroad monoprelative to the Supreme Court......... 250 oly.....................2.................. 288 to exempt election officers from mechanics' liens................... 288 jury duty.................................... 250 to final vote on the report of the relative to pay of officers and em- Committee on Suffrage.............. 306 ployees of Convention.............. 251 to Prevent Legislature vesting aprequesting Rev. James W. Curry to pointing powers in courts or open sessions with prayer.252 judges... 30 open sessions with prayer............ 252 judges................................. 306 to provide for term of office of to direct Sergeant-at-Arms to place judges.................................. 252 only reports of committees on file, 306 free and equal elections.............. 264 to purchase one copy of Purdon's to furnish Chicago library with De- Digest..................................... 307 bates........................................ 265 to change rule XI.......................... 308 Mechanics' institute of Pittsburg directing Committee on Education with Debates.......................... 265 to prepare a section providing for Mercantile library of Philadel- compulsory education.................. 322 phia with Debates................. 265 to furnish copies of proceedings to Franklin library of Philadelphia reporters of the press.............322, 354 with Debates............................ 265 to refer matters of form or language library of Washington, Pa., with to Committee on Revision and AdDebates.................................... 265 justment..................................... 349 Agricultural college with Debates, 265 to authorize proper drapery of winrelative to electoral rights............... 266 dows...................................... 351 irredeemable ground rents........... 266 relative to centennial celebration, to amend Bill of Rights.................. 266 353, 739. relative to foreign corporations........ 267 to require enrolment tax to be paid to establish a probate court in Phila- within six months................... 353 delphia................................ 267 relative to third reading of bills in to furnish members with additional Legislature.................................. 353 copies of Debates.......................... 267 to adjourn while draping the Hall... 353 requesting prothonotary to report relative to telegraph companies...... 354 number of civil causes at issue... 267 to punish fraud at election by hangto provide for forms of voting. 268 ing............................................... 355 relative to adjournment.................. 269 to change position of official reporter judicial districts.................269, 26970 in Hall.................................... 355 to fix time for adjournment sine die, relative to payment of employees of Convention.................................. 355 270, 288, 306. Convention355 to restrict leaves of absence.. 275 to refer the petition of International to restrict leaves of absence............. 275 to provide for spring election of workiv gmen's association.. 362 judges- ~~~~~relative to quorum of standing comjudges............................. mittees 3 6..................... 362 to compel compliance by State Printer with contract.,...,......... 277 relative to improving the acoustics of Hall...................................... 363 to furnish Debates to judges of the leaves of absence of subordinate several courts..........279 ffi......... 33......... n officers................:.................. 363 to require reasons given for leave of absence...........,,, 279 rights of accused persons............ 363.................................... 79 to provide for apportionment of to provide for roll-call..................... 79 to provide for apportionment of to authorize Mr. Addicks to pay employees of Hall 2 -.... 280 ress..... gress............................................ 963 relative to fraudulent acts of Assemto authorize the Chief Clerk to pay bl 363 employees of Hall.gi u...mr, relative to the judiciary power of to direct Clerk to give number, the Commonwealth............ 375 name, duty and compensation of relative to the seventh day of the all employees............................. 288 week...................... 378 to furnish reports of Committee on to furnish Debates to N. E. HistoriLegislature.................................. 288 cal and Geneological society.....431, 432 838 INDEX. Resolutions — Resolutionsrelative to administration of oaths relative to examining committee.... 691 in election matters....................... 431 relative to rule XXV.......... 691, 711 to provide for election and term of to provide for pay of stenographers, 691 Senators............................... 432 relative to salaries of judges........... 711 to prevent special legislation.......... 432 relative tolegislative appropriations, 734 to provide for election of solicitors... 432 to limit mining corporations........... 734 relative to writ of error in capital to provide fora State board of educacases......................... 432 tion.............................................. 758 municipal commissions............... 432 Revenue, resolution relative to origin industrial interests................... 42 of bills raising............................. 156 common school fund................... 479 taxation and finance, appointment seat of government...................... 479.......... 110 free schools of science.................. 480 Revision and Adjstmentmayors' courts.................. -....-.. 480 appointment of committee on.........110 expenses of Convention.............. 480 resoltion to refer all amendments resolution to refer all amendments relative to purity of elections.......... 480 in matter of form or language to in matter of form or language to to adjournment....480, 503, 594, 613, 734 committee on..................... 349 limitation of offices 5..M.............. 503at to omit report of prayers................. 520 to exempt homestead effects from oath of office administered to....... 7 taxation................................. 523 taxation.. -— 523 REYNOLDS, SAMUEL I., delegate at to prevent farming out the funds of large: the Commonwealth..................... 523 large oath of office administered to......... 7 to instruct Committee on Printing... 523 to print copies of the Constitution, leave of absence granted to............ 274 542, 661. resolutions submitted by542, 661. relative to assessments of real to form a committee on salaries....... 544 relative to assessments of real relative to equitable assessments..544 estate................................. 18 relative to State sovereignty..... 544 to provide for election of district to limit debate........566, 593, 594, 638, 783 judges..................................... 198 to require that electors shall be able term of office of judges................. 252 to read and write......................... 566 RHONE, DANIEL L., delegate XIIIth relative to printing the Debates..587, 660 district: relative to prohibition..................... 592 oath of office administered to......... 7 to provide for a board of education.. 593 resignation of............. 3 to furnish Debates to newspaperesignation of................................. 38 to furnish Debates to newspapers..... 594 relative to railroad stocks............... 594 report of committee relative to pay and mileage of............................ 187 relative to debate on woman suf~frage.~612" Rightmyer, William M., nominated fr'age............................................ 612 -for Assistant Clerk....................... 29 to limit the terms of corporations.... 613........................ 29 relative to legislative majorities...... 613 Rights, Declaration ofto print memorials....................... 613 debate on appointment of commitrelative to election officers............... 637 tee on................................... 52, 62 relative to post office...................... 637 yeas and nays on............................. 61 to provide for draping of HIall......... 638 resolution relative to damages, reto provide for forfeiting corporation ferred to committee on....... 91 charters................................. 638 to trial by jury............ 91, 93 relative to corporation contracts with to applying private property to the State.................................... 658 public use..93................... 93 to provide for local female suffrage.. 659 appointment of committee on...... 110 resolution of thanks to board of to amend section eleven of......... 131 education of Philadelphia............ 685 to accused persons...................... 363 to purchase Purdon's Digest............ 687 to marital.................................... 363 relative to postage on Debates for- Robinson, D. D., Rev. Thomas H., warded to newspapers................... 687 praver by........................... 20 relative to county advertising......... 690 Rogers, Lucius, elected First Assistant relative to funeral of Ex-Governor Clerk......................................... 29 John W. Geary.......................... 690 leave ot absence granted to........109, 635 relative to debate on adjournment.... 691 Roll-call, resolution to provide for...... 279 INDEX. 839 ROOKE,LEv I,delegateXVI Ith district: RUSSELL, SAMUEL L. —Cbntinued. oath of office administered to........... resolution submitted byleave of absence granted to............. 189 relative to limiting debate............ 594 report of committee on mileage of... 187 incidental remarks by, 427, 428, 593, 717 reports made by.........................506, 524 8. Ross, GEORGE, delegate VIlth district: SALARIES, relative to paying all puboath of office administered to........... 7 lic officers................................. 90 resolutions submitted by- resolution relative to forming comto abolish the grand jury system.. 95 mittee on.................................. 544 that judges shall not be required judges.......................................... 711 to reside in district................... 196 Schedules, appointment of committee to provide for payment of military on.......................................... 110 expenses out of general fund..... 145 School, common fund, resolution relarelative to persons in military ser- tive to......................... 479 vice exercising right of suffrage, 145 relative to landholders' damages, 249 invitation to attend commencement relative to right of eminent do- of Philadelphia boys' high........... 635 main.. 9 o Schools, resolution to prevent denominational control of........................ 131 relative to legislative majorities... 613 remarks by- funds of not to be appropriated for on form of ballot.........................04 sectarian purposes..................... 154 Rules for the Convention adopted..... 8 Science, resolution relative to free and standing committees, resolution schools of............ 480 relative to..2.................. Seats, appointment of committee on majority report of committee on...... 43 contested................................. 9 minority report of committee on..... 44 report of committee on contested... 20 Committee on Rules, report......69 resolution relative to drawing of, 63, 149 resolution to print................ 124 drawing for................................ 150 to adopt rule XLIII..................... 131 of absent members drawn............... 151 to amend rule VII..............435, 326 Secret ballot, resolution to abolish...... 97 relative to rule XXI.... 61........... 9 711 Secretary of the Commonwealth, coimmunication from......................... 87 RUNK, CHARLES M., delegate XIth resolution to provide for election of, district: oath of office administered to........... 7 186, 196 Securities, communication relative to resolutions submitted bychattel mortgage 431 relative to ineligibility to office.... 145.431 to increase number of Senators...146 Selfridge, James L., assistant clerk, *to increase number of ersenta. esolution of thanks tendered to..... 139 to increase number of Representatives....................................... 146 Senators, resolution to extend term of, 89 to fix hours of session................... 154 resolution to, be chosen by single to require notices at delegate elec- districts............................ 143 tions..... 184 to increase numnber of.................. 146 all.......................................... 353 ing one Senator................ 148 HallAcluing one Senator....................... 148 *incidental remarks by...................149 to election and term of office of... 432 incidental remarks by.................. 149 relative to qualification of........452, 453 RUSSELL, SAMUEL L., delegate XXIst present.456 district SAMUEL L,, delegate XX~st present...................................... 456 Session, resolution relative to hours oath of office administered to........... 7 of...................................378, 594, 711, 734 leave of absence granted to.............. 274 Seventh day of the week, resolution petition presented by.................... 362 relative to...................................... 378 resolutions submitted by- SHIAPLEY, R. E., delegate MIld disrequesting statement front Audi- trict: tor General...................................... 42 contests seat of Benjamin L. Temrequiring Legislature to make ap- ple............................................... 9 propriations for education......... 104 delegates at large to report on......... 10 tendering thanks to councils of report of committee adverse to........ 20 Philadelphia............................. 151 SrHARPE J. M'DOWELL, del. XIXth relative to the seventh day of the district: week.................................. 378 oath of office administered to........... 7 54.-VOL. I. 840 IND..X, SIMPrSON, J. ALEXANDER —Continued. SMITH, HIENRY G., del. IXth district: leave of absence granted to............. 192 oath of office administered to........ 7 remarks by- leave of absence granted to............ 152 on residence qualification..... 6..... 694 resolution submitted bySheriff's duties, resolution relative to provide for appropriations by to partition of........................... 217 Legislature....................... 146 Shoppers, resolution to protect rights incidental remarks by, 83, 609, 632, of resident.................................... 205 689, 801 remarks bySIMPSON, J. Tfl:XANDER,:l elegae on reporting and printing....... 78 IVth district: on the Credit Mobilier company, 419 oath of office administered to........... 7, 4 on salary of members of the Legisresolutions submitted sa....by-.... lature...................................... 488 on contested seat.......4... 88 to proceed to election of officers... 26 remarks byrelating to education....... 1 on wo......... 614 acknowledging God in the Consti- ontax qualifcation.. 631 tution....................................... 236 tution,.....,.,,,,,,.,,,,,,,. 236 SMITHr, I-IENY W., delegate V/IIIth incidental renmarks by, 13, 52, 114, district 152, 226, 233, 299, 37,. 379, 435, 454, oath of office administered to......... 7 475, 513, 518, 519, 6d9, 613, 628, 629, leave of absence granted to...... 152, 660 630, 655, 706, 709, 767, 800, 803,804,806. resolutions submitted bYto print Constitutions of 1776, 1790 remarks by- and 1838.41 on election of officers................... 27 for judges to hold office during on appointment of Committee on Declaration of Rights................ 54 goo behavior.......................... 12 D claration ol p... Rgtincidental remarks by........144, 501, 502 on reporting an printing............ 83 remarks byon changing time of holding general electi;n.a...........223 on adjournment to Philadelphia, 15 on time. onprinting former Constitutions, 11 on time of holding municipal elec- s tions, 242, 2'Sj, 290, 313, 319. on salary of members of the Legtions, 242, 2S7_, 2909 313, 319. onislature...................................... 506 on election of members of Assembly......................................... 337 SMITH, WILLIAM H., del. at large: b1y.337 SMITH, WILLIAM H., del. at large: on sessions of the Legislature and oath of office administered to......... 7 elections.............................. 411 report made by......................... 140 on special sessions of Legislature, 450 resolution submitted by, relative to on omitting report of prayers..... 521 priority in liens........ 96 on female suffrage........ 535 incidental remarks by................... 81 on residence qualification..............703 remarks byon form of ballot..............729, 5.. on appointment of committee on Declaration of Rights............... 59 Sine die adjournment, resolution rel on fixing time for holding municiative to........................................ 288 pal elections............................ 301 fixing time of.................................. 306 on suffrage.................................. 540 Singerly, Benjamin State Printer: Smull, John A., assistant clerk........ 3 report of comInmtee relative to resolution requesting aid of, to officlaims of, to printing of Conven- cers............... 40 tiono.. n,,.,,.,.... 140 thanks tendered to....................... 136 resolution authorizing committee to Soldier's mass meeting, invitation to confer with.................................. 141 _confer with_..................................141 be present at................................... 212 to do all the printing and binding, resolution adopted -printing.... 175 Solicitors, resolution relative to elecresolution adopted....................... 175 tion of............................................ 432 resolution relative to compliance of,tion of 432 with contract.......................277, 278 Somerset county, petition of citizens report of Committee on Printing rel- of, in favor of prohibition.......... 362 ative to contract with................. 289 Sovereignty, State, resolution relative contract with.............................. 290 to..................................... 544 Sinking fund, resolution relative to STANTON, M. HALL, delegate IIId assets and securities in................. 131 district: to provide for common school......... 155 oath of office administered to.......... 7 relative to....................................... 182 communication presented by.......... 635 INDEX. 841 STANTON, M:. -HAALL-COnti nued. Stenographic reporter, report of comresolutions submitted by- mlittee on compensation of......124, 128 to enable Governor to fill vacan- resolution to proceed to election of.. 128 cies in Legislature..................... 94 Mr. D. F. Murphy elected............... 128 to provide for election of Lieuten- report of contract entered into with, 139 ant Governor......................... 94 resolution to pay A. M. Martin and to refer resolutions to standing H. J. Mason................................ 194 committees............................. 94 STEWART, JOHN, delegate XIXth disto empower the Governor to fill trict: vacancies in State offices............ 94 oath of office administered to............7 to increase number of Committee leaves of absence granted to, 152, 192, 734 on State Institutions and Build- resolutions submitted byings............................. 143 to establish court of pardons......... 91 relative to verdict in murder cases, 143 resolutions submitted byto provide for holding general to adjourn to meet in Philadelelection in November............... 143 phia.......................................... 114 to invite the clergy of Philadel- on limitation of prosecution......... 566 phia to open Convention with remarks on woman suffrage........... 569 prayer....................................... 154 Stocks, resolution relative to railroad, 694 to prohibit limiting number of ap- Street railways, resolution relative to prentices..................,,. 194 Legislature granting rights to... 201 to employ Powell De France........ 201 Strong, Rev. A. K., D. D., prayer by at to employ an additional page..... 238 opening of the session...........6, 73, 94 requesting Rev. James Curry to STRUTHERS, THOMAS, deleg'e XXXth open sessions with prayer........., 252 district: oath of ofce administered to........... 7 relative to adjourning over.......... 267 to exempt household effects from leave of absence granted to.............. 265 to exempt household effects from taxation...................................... 523 resolutions submittecbyrelative to granting use of Hall to to prevent legislative interference Board of Education............... 593 with rights of employer and employee....................................... 144 incidental remarks by, 42, 152, 159, to regulate rates of freight by rail191, 252, 257, 306, 307, 310, 363, 374, roas. 237 378, 428, 543, 625, 706, 756. reloads......................................... 237480 relative to purity of elections........ 480 State board of education, resolution incidental remarks by...............257, 308 relative to..........................44 Suffrage: State, Committee on, resolution to ap- resolution to inquire into female...... 89 point, 197; debate on, 207-210. extending length of residence bedebt, resolution relative to interest fore exercising.......9................... s on......... 186 to foreign born residents...,,,,,,,,, 91 on.............................................. 186 to foreign born residents................. 91 State Institutions and Buildings, ap- to allow to all nationalities.............. 91 pointmelnt of Committee on............. 109 to conmpel the legal exercise of......... 93 poresoutin ot C ommittee on, 109 requiring naturalization six months requiring naturalization six mnonths resolution to Increase cornmittee on, 190. officers of, resolution to provide for before exrcisin......... appoi ntmrent and compensation of, S0 to guarantee equal right o; to Ien appoi ntinent and compensation of, 220 and women............................... 131 revisor, resolution to provide for and wome.131 election a..........., 234 to exclude persons oonvicted of infanmolls crines from................... 133 sovereignty, resolution relative to... 544 f.1 svriyresolution relative to4 corporatin granting persons in military service contracts with the....658.145 resluton ractslative to corporation.,..,,.i.,,right of......................................... 145 declaring who shall be admitted to Treasurerto publish quarterly state-.......right of....................................... 146 meit of public funds.................... 19584 authorizing fImale.......................... 184 Treasurer, resolution relative t - to allow use of hall for discussion on cancy in office of........................... 198 fema le.......................................... 192 Statistics, bureau of, resolution to es. relative to partial female... 194, 658 tablish................. 130 to exclude fraudulent voters from resolution to provide for collecting right of....................................... 194 industrial.................................... 186 petitions from citizens relative to Stationery, resolution relative to........ 87 female, 348, 479, 503, 54-, 589, 611, Stelling, Rev. G. F., prayer y........... 109 658, 660, 783. 842) INDEX. Suffrage-Continued. TEMPLE, BENJAMIN L.-Contmnued. right of, not to be abridged except leave of absence granted to.............. 217 in case of bribery........................ 456 memorial presented by................... 566 Election and Representation, ap- petition presented by..................... 217 pointment of committee on...... 109 resolutions submitted byreport of committee on,177, 503, 693, 739 requesting Auditor General to furminority report of committee..504, 505 nish statement of money paid resolution relative to printing for into State Treasury by certain use of committee l.................. 136 officers in Philadelphia............. 91 esolution relative o printing re- relative to adjournment............... 98 port of committee on................ 523 to guarantee men and women article, debate on, 525, 542, 545, equal right ofsuffrage.............. 131 564, 601, 609, 914, 626. to abolish the grand jury system.. 145 Superintendent of Public Instruction, to abolish office of register of wills, 160 resolution to provide for election of, 202 resolutions submitted bySuperior Court, establishment of a...... 106 resolution to extend term of judges otary and clerks of courts.... 13 of................................................ 146 otary and clerks of courts.. of.146 relative to publishing names of Supervisors, resolution to create coun- absent and non-voting nembers, 204 ty boards of.....".................... 156 incidental remarks by, 159, 184, 188, Supreme Court, resolution to extend 190, 207, 233, 281, 282, 287, 450, 457, term of judges of......., 2................ 1 24 term of jdges of...........146. 502, 512, 587, 590, 595, 707, 784. relative to appointment of reporter to...................................................... 194 remarks byto select judges of, by districts......... 197 on election of a stenographer.... 64 on fixing time tor holding mnunicirelative to appointment of fifteen judges..... 250 pal elections.............................. 300 on sessions of the Legislature and relative to number of judges, juris- 415 445 diction and districts of......... 375....... Surveyor General's department: on salary of members of the Legisreport of expenditures of, called for, 40 lature........................................ 511 on woman suffrage..................... 602 on fori of ballot......................... 777 TAX, a gradual inheritance, recom- Tenancy by courtesy, resolution relamended....................................... 90 tive to.......................................... 193 special, on railroad and insurance Trade combinations, resolution relacompanies.................................... 107 tive to..................................... 479 rate of, resolution to provide for, on TradesUnion, petition from Americorporatsions..,., 237 can mechanics' association of enrolment, resolution to require Pennsylvania, relative to.............. 335 payment of................................... 353 Treasurer, State, resolution relative payment of.~.. —* — * --- - 353Treasurer, State, resolution relative Taxation, exemptions from, resolu to election of, by the people...... 96 tion relative to prohibition of....... 89 TURRELL,, WILLIAx J., delegate Committee on Revenue, to inquire XIVth Wistrict: into the proportion of property oath of office administered to......... 7 now exempt by law..................... 93 petitios p resolution for owners of property to vote on proposition to raise money resolutions submitted byby.133og~~ ~on adjournment to Philadelphia. 16 to provide for equal............... 220 to allow two-thirds of a jury to to prevent public debt from exceed- render verdict........................... 92 ing............................................... 200 relative to pay of officers and eming.200 relative to pay of officers and emexempting household effects from... 523 ployees of Convention............... 251 Telegraph companies, resolution rela- relative to hours of session........... 307 tir e to.......................................... 354 tive to....,.......................35-1~ relative to compulsory education, 322 TEMPLE, BENJAMIN L., delegate IIId relative to corporation charters.... 658 district: relative to furnishing Debates to seat contested - by R. E. Shapley.......... 9 New England Historical society, delegates at large to inquire into..... 10 413, 433. declared entitled to seat.................. 20 incidental remarks by, 325, 429, 430, oath of office administered to........... 21 514, 518, 629, 638, 710, 736, 738, 784. INDEX. 843 U. WETHERILL, JOHN P. —Oontinued. UNION LEAGUE of Philadelphia, corn- relative to adjournment............... 101 munication from, extending cour- requesting Auditor General to give tesies of house of....................... 252 statement of expenses of State Usury law, resolution to abolish........ 205 printing....................... 89 V. to limit the pardoning power of the Governor............................. 90 VACANCY in XIIIth district, report of to pay all public officers fixed salcommittee on............................... 39 aries..........................................90 in XVth district, report of com- to instruct Committee on Cities mittee on..................................'69 and City Charters..................... 95 VAN REEI, HENRY, delegate VIIIth to announce names of absentees or district:.not voting................................. 108 oath of office administered to......... 7 to enlarge the rights of stockholdVenango county, petition of citizens ers in all corporations......... 133 of, in favor of prohibition........201, 660 resolutions submitted byViel, William, nominated for Assist- to prevent school noneys being ant Clerk.........,.......,.28 appropriated to sectarian uses... 154 Viva voce voting, resolution relative to abolish all offices for weighing, to................... 97 gauging, &c.............................. 155 W. relative to salary of Governor...... 186 WALKER, JOHN H., delegate at relative to neglect of official duty, 201 large: relative to centennial meeting.. 739 oath of office administered to......... 7 incidental remarks by, 44, 197, 199, communications presented by, 544, 282, 329, 331, 355, 426, 436, 518, 625. 589, 611, 635, 637, 685, 711. remarks byreport made by............................. 188 on adjournment to Philadelphia, 13, 16 resolutions submitted by- on reporting and publishing......35, 36 relative to railroad freights........... 217 on resolution to appoint a Commitincidental remarks by..................... 542 tee on the State.....210 remarks by- on time for holding nunicipal elecon adjournment........................... 100 tions241, 259 on election of members of the on sessions of the Legislature...............332, 443 Legislature............................. 372 on woman suffrage....................... 554 on form of ballot............7... 796 West Chester, petition of citizens of, Washington borough, resolution to in favor of prohibition.................. 685 furnish Debates to library of....... 265 Westmoreland county, petition of citicounty, petition of citizens of, for zens of, in favor of prohibition.. 637 prohibition........................... 201 WHERRY, SAM'L M., delegate XIXth WETHERILL, JOH[N M., delegate Xth district: district: oath of office administered to........... 7 oath of office administered to.......... 7 leave of absence granted to.............. 479 resolutions submitted by-.resolutions sub mitted byrequesting Secretary of Commonwealth to furnish number of to refer so much of present Conw h to f s n r stitution to the several commitpersons killed or injured in the ti tees.......................................... 90 working of mines.................... 95 to define term of members of the to prohibit the creation of any cor- poration for agricultural purto refer all amendments to a composes......................................... 1rfmee o a to appoint an additional standing mittee of the whole93 committe e.anadditionalstadg186 to proceed to election of stenogracom m ittee................................. 186 incidental remarks by..................................... 8al WETHERILL, JOH3N PRICE, delega te relative to the Journal of Convenat large from Philadelphia: tion.129 oath of office administered to........... 7 requesting Secretary of Commonpetitions presented by...196, 212, 264, 544 wealth to furnish statement of resolutions submitted by- votes for and against Constiturelative to printing............71, 166, 167 tional Convention in 1871......... 129 8414 INDEX. WHERRY, SAMI'L M. —Continued. W1IITE, HiARRY-Continued. to provide for State commissioner on reporting and printing..35, 37, 75 of agriculture....................... 145 on appointing standing commitrelative to penal confinement..... 182 tees........................................... 50 to provide for prison reform and on resolution relative to Declaradiscipline.193 tion of Rights.......................... 53 r elative to partition of sheriffs' du- on election of stenographers........ 66 ties.217 Onl time for holding municipal ties...................................... 1 on tie for holding municipal vacancies in Legislature.... 249. elections...2..2....... 8.................... electoral rights.............., 266 on term of members of the Legisrights of accused persons..........363.ature.......................................4 post office,.. 637 on sessions of the Legislature..... 385 incidental rffiemarks by...... 1. 334 on filling vacancies in Legislaincidental remarks by, 41, 134, 334, tur e 427 incidental remarksby, 1, 134334ture.................. 427 345, 349, 451, 435, 436, 472, 474, 506, on salary of members of Legisla612, 613, 628, 638, 657, 710, 713, 714, ture.09 715, 716, 717, 718, 733, 783, 800. on amendment reative to Speaker WHIIITE, DAVID N., delegate at large: of the Senate 516 oath of office administered to.. 7 remarks byleave of absence granted to........... 274 o the motion to inset the word communication presented by.......... 21 "freeman" in the suffrage arresolutions submitted by- tide................ 536 to prevent granting of licenses..... 113 on form of ballot.. 724 to withhold legislative aid for soctarian purpses........., 113 WHITE, JOHN W. F., delegate relative to prohibition.................. 592 XXIIId district: adrninistering of oaths in elec- oath of office administered to........... 7 tion matters..41.............. 431 report made by............................... 505 incidental remarks by, 176, 308, 329, incidental remarks by, 248, 253, 379, i 5nci4dental remarks by, 248, 253, 3 363, 364, 471, 544, 628, 630, 706, 715. 592, 594, 784, 800r remarks~~'b-'remarks byreraarks by-. on reporting and printing........... 86 on adjournment to Philadelphia... 14 on adjournment....................... 99 on napponintme~nt of standing com- on changing time of holding genmittees..............22.........7... 467 on election of a stenographer...... 64 on sessios of the Legislature. 394 on sessions of the Legislature.....392 on natulization........................ 672 on woman suffrage................... 602 on form of ballot.761 WHI'TE, HIARRY, delegate at large.: VWickersham, R. B., secretary Chicago oath of office administered to......... 7 library company, communication resolutions submitted by- from.......................... 380 relative to legislation.................. 90 toreerCnsttuinWilliamnsport, petition of citizens of, to refer Constitution to different in favor of prohibition 589 in favor of prohibition.... 589 committees............................. 110 to direct Committee on Printing WVitnesses, resolution relative to comto confer with State Printer..... 141 potency of......................1........... 186 to regulate style of Convention v Woman suffrage association of Pennprinting..........,... 205 sylvania, memorial of.................. 197 to constitute quorum of standing WOODWAIRD, GEORGE W., delegate committees...........3............... 362 at large: relative to reporting of prayers...... 520 oath of office administered to 7 postage on Debates flurni~shled to leave of absence granted to............. 289 newspapers.......................7 reports de by.............. 39, 136 incidental remarks by, 7, 8, 11, 25, resolutions submitted by45, 77, 114, 125, 134,137, 192, 196, 202, relative to adjournment to Phila268, 278, 283, 285, 351, 362, 374, delphia.................................. 13 378, 380, 427, 428, 512, 513, 514, to amend rule XL.................... 129 520, 525, 530, 687, 688, 689, 690, 710, to abolish the secret ballot....... 97... 97 711, 714, 758, 786, 800. relative to request to Auditor Genremarks by- eral for information of private on election of officers.......,......... 27 corporations.........,.,,..,,, 248 INDEX. 845 WOODWARlD, GEO. W.-Continued. WORRELL, EDWARD R.-Continced. relative to debate on woman suf- resolutions submitted byfrage........................................ 612 to provide for composition of incidental remarks by, 51, 136, 177, Legislature............................. 184 178, 179; 203, 248, 275, 276, 279, 284, relative to judidial positions........ 218 285, 486; 487, 531, 612, 624, 625, 626, salaries of judges..................... 711 712, 713. incidental renriaifkby........ 210, 268, 323 i'earls by- remarks bydn resolution to adjourn to Phila- on time for holding municipal delphia...............................11, 13 elections.60 on election of officers of Conven- on taxing the eletor.........., 651 tion.....................................23, 27 remarks byon form of ballot.......................... 798 on election of a stenographer....,. 65 n reptig and printing.......... 82 WRIGHT, CALEB E., delegate XIIIth on reporting and printing......... district: on resolution to appoint Committee on the State........... 208 appointed in place of Mr. Rhone, reon resolution limiting debate. 664 signed......., 39 oath of office adniinistered to......... 39 on fo alt..,,.,,. wa726 petitions presented by.............. 660, 685 Workingmen's association, memorial resolutions subnlitted byfrom intedrnational....................... 306 to restrict further grants to corporeferred......................................... 362 rations....................................... 95 WORRELL9, ED1WARD R.,delegate IVth relative to allotment for stationery, 107 district: relative ta appropriations of puboath of office administered to. 7 li property........ 237 incidental remarks by.............. 306, 709 resolutions submitted by- remarks byto require dourts to publish rules on salary of menibers of Legislafor transaction of business........ 129 43 f tansaction of business...tureie.......................................... 493 relative to passage of apportion- on woman suffrag..................... 566 ment bill................................. 146 Writ of error, in capital cases, resolurelativd td Validity of acts of As- tion relative to..................4........... 432 seiribly................................. 158 Wyoming county, petitions of citizens to fix hours of session............,.... 161 Of, in favor of prohibition......... 275, 590