YEAS. Messrs. Andrews, Baily, (Perry,) Bailey, (Huntingdon,) Bardsley, Brown, Carter, Cochran, Collins, Curry, De France, Ewing, Fulton, Hall, Horton, Howard, Kaine, Lawrence, Lilly, Long, MacConnell, MacVeagh, M'Culloch, Palmer, G. W., Patton, Pughe, Purviance, Sam'l A., Reed, Andrew, Rooke, Russell, Struthers, White, David N., White, Harry, White, J. W. F., and Wright-34. NAYS. Messrs. Ainey, Alricks, Armstrong, Baer, Baker, Bannan, Bartholomew, Biddle, Bigler, Black, J. S., Bowman, Boyd, Broomall, Buckalew, Calvin, Corbett, Curtin, Dallas, Darlington, Davis, Dunning, Edwards, Ellis, Funck, Gibson, Guthrie, Hanna, Harvey, Hay, Hemphill, Hunsicker, Landis, Littleton, M'Camant, M'Clean, M'Michael, Metzger, Minor, Newlin, Parsons, Sharpe, Smith, Henry W., Smith, Wm. H., Stanton, Stewart, Temple, Turrell, Van Reed, Wetherill, J. M., Woodward, Worrell and Walker, President-52. So the motion to indefinitely postpone was rejected. ABSENT.-Messrs. Achenbach, Addicks, Barclay, Beebe, Black, Charles A., Brodhead, Bullitt, Campbell, Carey, Cassidy, Church, Clark, Corson, Craig, Cronmiller, Cuyler, Dodd, Elliott, Fell, Finney, Gilpin, Green, Hazzard, Heverin, Knight, Lamberton, Lear, M'Murray, Mann, Mantor, Mitchell, Mott, Niles, Palmer, H. W., Patterson, D. W., Patterson, T. II. B., Porter, Purman, Purviance, John N., Read, John R., Reynolds, Ross, Runk, Simpson, Smith, H. G., Wetherill, Jno. Price and Wherry-47. Mr. W. H. SMITH. If it is in order I merely wish to inquire whether it is or not-I will offer the following substitute for the resolution and amendments: "That hereafter the Convention will meet at nine o'clock A. M. and take a recess at one o'clock P. M., until three o'clock P. M., and adjourn at five o'clock P. M., and on Saturdays adjourn at one o'clock, P. M. until Monday at ten o'clock A. M. The PRESIDENT. The Chair is obliged to rule that out of order as not an amendment to the amendment. If the amendment be voted down, the gentleman from Berks can then present his proposition. The question now is on the amendment of the delegate from Dauphin, to strike out "three" and insert "four" as the hour of adjournment. The yeas and nays were required by Mr. MacVeagh and Mr. Cochran, and were as follow, viz: YEAS. Messrs. Alricks, Andrews, Baer, Baily, (Perry,) Bailey, (Huntingdon,) Bardsley, Edwards, Fulton, Gibson, Hall, Hay, Bowman, Carey, Carter, Cochran, Collins, Horton, Kane, Landis, Lawrence, Lilly, Long, MacConnell, MacVeagh, M'Clean, M'Culloch, M'Michael, Metzger, Palmer, G. W., Patterson, D. W., Pughe, Russell, Smith, Wm. H., White, David N., White Harry and White, J. W. F.-36. NAYS. Messrs. Addicks, Ainey, Armstrong, Baker, Bannan, Bartholomew, Biddle, Bigler, Black, J. S., Boyd, Broomall, Brown, Buckalew, Calvin, Corbett, Curry, Curtin, Dallas, Darlington, Davis, De France, Dunning, Ellis, Ewing, Funck, Guthrie, Hanna, Harvey Hemphill, Howard, Hunsicker, Littleton, M'Camant, Minor, Newlin, Parsons, Patton, Purviance, Samuel A., Reed, Andrew, Reynolds, Rooke, Sharpe, Smith, H. G., Smith, Henry W., Stanton, Stewart, Struthers, Turrell, Van Reed, Wetherill, J. M., Woodward, Worrell and Walker, President-53. So the amendment was rejected. ABSENT.-Messrs. Achenbach, Barclay, Beebe, Black, Charles A., Brodhead, Bullitt, Campbell, Cassidy, Church, Clark, Corson, Craig, Cronmiller, Cuyler, Dodd, Elliott, Fell, Finney, Gilpin, Green, Hazzard, Heverin, Knight, Lamberton, Lear, M'Murray, Mann, Mantor, Mitchell, Mott, Niles, Palmer, H. W., Patterson, T. H. B., Porter, Purian, Purviance, John N., Read, John R., Ross, Runk, Simpson, Temple, Wetherill, John Price, Wherry and Wright-44. The PRESIDENT. The question recurs on the original resolution. Mr. ALRICKS. As the resolution stands I cannot vote for it, but if the time is extended half an hour it will receive my support. I move to strike' out "halfpast," so as to make the meeting nine o'clock. The PRESIDENT. It is moved to strike out nine and a half and insert nine o'clock. The question is on the amendment. The amendment was rejected. Mr. H. W. SMITH. I offer the following amendment as a substitute for the resolution, to strike out all after the word "resolved" and insert: "That hereafter the Convention meet at nine o'clock A. M., and take a recess at one o'clock P. M. until three o'clock P. M., and adjourn at five o'clock P.M., and on Saturdays adjourn at one o'clock P. M., until Monday at ten o'clock A. M." The PRESIDENT. The question is on the amendment of the delegate from Berks. The amendment was rejected. The PRESIDENT. The question recurs on the original resolution. RULE RELATING TO HOURS OF MEETING• Mr. BROOMALL. I offer the following resolution to change the rules, and ask that it lie over for the present. Resolved, That the rules of the Convention be so changed that resolutions changing the hours of meeting and adjournment shall only be in order on the first Monday of every month. The resolution was ordered to lie on the table. MEMORIAL. Mr. DARLINGTON asked and obtained leave to present a memorial from the Mr. COCHRAN. I ask for the yeas and president of the Board of Public Chari nays. Mr. ARMSTRONG. I Second the call. The question was taken by yeas and nays with the following result : YEAS. Messrs. Addicks Ainey, Armstrong, Baker, Bannan, Bardsley, Bartholomew, Biddle, Bigler, Black, J. S., Bowman, Boyd, Broomall, Buckalew, Calvin, Carey, Corbett, Curtin, Dallas, Darlington, Davis, Dunning, Edwards, Ellis, Ewing, Finney, Funck, Gibson, Guthrie, Hanna, Harvey, Hay, Hemphill, Hunsicker, Landis, Littleton, Long, M'Camant, M'Clean, M'Michael, Metzger, Minor, Newlin, Palmer, G. W., Parsons, Pughe, Reynolds, Runk, Sharpe, Smith, H. G., Smith, Wm. H., Stanton, Stewart, Struthers, Temple, Turrell, Van Reed, Wetherill, J. M., Woodward, Worrell and Walker, President 61. NAYS. Messrs. Alricks, Andrews, Baer, Baily, (Perry,) Bailey, (Huntingdon,) Barclay, Brown, Carter, Cochran, Collins, Curry, DeFrance, Fulton, Hall, Horton Howard, Kaine, Lawrence, Lilly, MacConnell, MacVeagh, M'Culloch, Patterson, D. W., Patton, Purviance, Sam'l A., Reed, Andrew, Rooke, Russell, Smith, Henry W., White, D. N., White, Harry, White, J. W. F., and Wright-33. So the resolution was adopted. ABSENT.-Messrs. Achenbach, Beebe, Black, Charles A., Brodhead, Bullitt, Campbell, Cassidy, Church, Clark, Corson, Craig, Cronmiller, Cuyler, Dodd, Ett, Fell, Gilpin, Green, Hazzard, Hen, Knight, Lamberton, Lear, M'Murray, Mann, Mantor, Mitchell, Mott, Niles, Palmer, H. W., Patterson, T. H. B. Porter, Purviance, John N., Read, John R., Ross, Simpson, Wetherill, Jno. Price and Wherry-39. ties on the subject of the legislative and educational articles of the Constitution, which was ordered to be printed in the Journal. PRESENTATION OF COPIES OF DEBATES. Mr. HAY. I offer the following resolution: Resolved, That a copy of the Debates of this Convention be presented, under the direction of the Committee on Printing and Binding, to Daniel Agnew, Andrew Bayne, Andrew Bedford, Charles Brown, Joseph R. Chandler, Walter Craig, William Darlington, John R. Donnell, David N. Farrelly, Robert Fleming, John A. Gamble, Orio J. Hamlin, Henry G. Long, Levi Merkel, Christian Myers, Hiram Payne, Samuel A. Purviance, Ebenezer W. Sturdevant, Robert G. White and George W. Woodward, the only surviving members of the Constitutional Convention of 1837-38, as a token of respect from this body. I move to proceed to the second reading and consideration of the resolution. The resolution was ordered to a second reading, and was read the second time. Mr. WOODWARD. I move to amend by adding the name of Virgil Grenell, of Wayne county, who was a member of the Convention, and who I believe is still liv ing. Mr. HAY. I understood that this resolution included all. Mr. DARLINGTON. I have understood," after inquiry, that Mr. Grenell is deceased. last I knew of him. Mr. WOODWARD. He was living the Mr. DARLINGTON. Then add him by all means. Mr. HAY. I accept the amendment. Mr. LILLY. I suggest to the mover of the resolution to add the words, "and such other surviving members." Mr. HAY. I consulted with the gentlemen here who were members of that Convention as to who were still living, and carefully, sought all information on the subject that I could obtain, and I am satisfied that the list in the resolution is complete. I was informed by one of those gentlemen that Mr. Grenell was dead, or of course his name would have been inserted. It seems to me that this is a mere matter of decent respect that ought to be paid by this body to the surviving members of that Convention, and I hope the resolution will be agreed to. I remember that in the Convention of 1837-38 similar action was had, although I believe only two or three members of the Convention of 1790 were then living. I hope this Convention will pay the same testimony of respect to the surviving members of the Convention of 1837-38. Mr. LILLY. I think the resolution should be amended by adding the words "and such other surviving members." There may some of them be overlooked in this list. Mr. WOODWARD. If that be adopted, it obviates the necessity for my amendment. I think probably that would be the better amendment. Let the amendment be adopted and I will withdraw mine. The PRESIDENT. The name suggested by the delegate was inserted. The amendment offered by the gentleman from Carbon (Mr. Lilly) is before the Conven tion. Mr. HAY. I hope the amendment will not be agreed to. I think it should be presumed by gentlemen when a resolution of this kind is offered, that matters of that sort have been attended to, and that the resolution has not been offered without proper inquiry and examination. Certainly the amendment is unnecessary. because if there were any other surviving members than those named, they would be included in the resolution without fur ther action, the sense of the House being understood by its passage, and a copy would be presented to every surviving member. Mr. LILLY. I wish to explain. I did not make a motion to amend. I only suggested that modification. The PRESIDENT. The Chair then misunderstood the delegate from Carbon. Mr. TURRELL. I understand that our late President, Mr. Meredith, left an only son, William Meredith. I move that his name be included as a mark of respect to our deceased President. Mr. BIDDLE. I second the motion. The PRESIDENT. It is moved to insert the name of William Meredith. Mr. HAY. That is unnecessary for this very obvious reason: Mr. Meredith was a member of this Convention, and, of course, his copies will go to his family, and they will be abundantly supplied. The PRESIDENT. The question is on the amendment of the delegate from Susquehanna (Mr. Turrell.) The amendment was rejected. The PRESIDENT. The question recurs on the resolution. The resolution was agreed to. THE LEGISLATURE. Mr. MACVEAGH. I move that we proceed with the further consideration on second reading of the article on the Legislature. The PRESIDENT. That is the next business in order. The article on the Legislature is before, the Convention. When the Convention adjourned yesterday the amendment of the delegate from the city (Mr. J. Price Wetherill) was before the Convention. It will be read. The CLERK read as follows: SECTION 19. The General Assembly shall apportion the State every ten years. beginning at its first session after the adoption of this Constitution, by dividing the population of the State as ascertained by the last preceding Federal census by the number one hundred and fifty, and the quotient shall be the ratio of representation in the House of Representatives. Every county shall be entitled to one Representative, unless its population is less than three-fifths of the ratio. Every county having a population not less than the ratio and three-fifths, shall be entitled to two representatives, and for each ad ditional number of inhabitants equal to the ratio one representative. Counties containing less than three-fifths of the ratio shall be formed into single districts of compact and contiguous territory, bounded by county lines, and contain as nearly as possible an equal number of inhabitants; or where there is not sufficient population in counties having less than three-fifths of a ratio which are adjacent to each other to form a single district, such counties shall be annexed to any one adjoining county, and the district so formed shall be entitled to the same number of members as if it consisted of vidually, seeing the number remain as it a single county. Mr. D. W. PATTERSON. I offer the following as a substitute for the amendment. of the gentleman from Philadelphia: "The House of Representatives shall consist of two hundred members. "The General Assembly at its first session after the adoption of this Constitution, and every ten years thereafter, shall apportion the number of members aforesaid throughout the State by districts in. proportion to the population in the several parts thereof for the election of representatives, according to the population of the whole State as ascertained by the last preceding census. "Representative districts shall be composed of compact and contiguous territory, and no more than three counties shall be joined, and no county shall be divided in the formation of a district. "There shall be a separate representation assigned to any city and county containing population sufficient to entitle them to at least two representatives; and the Legislature may at any time divide the cities and counties of the State into convenient single districts, of contiguous territory, of as nearly equal population as may be, each of which districts shall elect one member." is-one hundred. But my convictions are that we should make the lower House two hundred or three hundred, in order to bring the representative as close to the electors, as close to his constituents, as possible; and hence I have made the number two hundred, supposing that possibly the Convention might see proper to adopt that increased number. If that number does not meet with the sentiment of the Convention, they can amend the first section by making it conform to the sentiment of the majority of this body, one hundred and fifty-two or one hundred and fifty-three. If such change should be made, the next section will not thereby be affected, because it proposes to apportion the State according to the national census every ten years, and it proposes to let the Legislature do that as in the present Constitution. I was impelled to make that proposition after having looked at the action of this Convention for days past and having seen the various projects of gentlemen here, undoubtedly brought up in the best of faith and with the best intentions, and which were all rejected by this House; and it seems to me, therefore, that we have arrived at the point now at which we have evidence sufficient to convince us that we cannot get up a ma The PRESIDENT. The question is on the chinery in the organic law by which we amendment to the amendment. Mr. D. W. PATTERSON. Mr. President: My amendment is based upon the words, so far as they are applicable, of the old Constitution, section four of article two. The principle of the basis is different, as we have adopted population instead of taxables. The first section proposes two hundred members. I did that in accordance with my own individual conviction, though I believe it is pretty well settled that the members of this House will not go higher than one hundred and fifty-two or one hundred and fifty-three representatives. I could never see the propriety of increasing the present number unless we increase it to such an extent that we should have the benefit of a very large representation. As it stands now, one hundred and fifty as indicated by the House, we only have additional expense of fifty members, without, at that number, having the opportunity of trying the principle and reaping the advantage of a large representation. Therefore, if you only increase to one hundred and fifty or one hundred and fifty-two or one hundred and fifty-three, I should much prefer indi can apportion the State judiciously, justly and satisfactorily to the electors thereof. It is a matter which is very difficult to do; and if we put anything into the organic law it is permanent, invariable, unchangeable; and, therefore, however injurious or inconvenient or unfair it may be in its operations after put into practical effect, we are not at liberty to alter it except by a change of the organic law. As was said yesterday by the gentleman from Montgomery (Mr. Boyd) and others, I think it is manifest that we may as well leave that much to the Legislature; we must put that much confidence in the representatives of the people; and, as was remarked, every representative is presumed to be competent to take care of his own district, and thus secure a fair representation, and the consequence will be that it will give more satisfaction to our constituents than if we put it in the organic law. I have provided in the latter part of the section that the Legislature may form separate and distinct single districts in the large counties, each of which shall be entitled to a member. It is providing for singe districts, yet the article does not make it imperative on the Legislature, and hence if the Legislature find the people demand the single district system, by which a member will come down to and represent the inhabitants of three or four or five townships in a county, thus bringing the representative closer to his constituents, the Legislature may enact such a law and make it applicable to both cities and counties or to the counties alone, so that if it appears from experience that the people of Philadelphia do not want their city districted into single districts she can have her members elected by a community, by the whole city, but the Legislature may create single, districts in a city or in the counties of the State as it sees proper. Well, suppose the people demand it and the representatives enact a law of that kind, if it is found not to do well they can repeal it and go back to the community representation, to united county and city district representation, and this will not conflict with the other provisions of the article. They will still stand under the general district system as they do under the existing Constitution, so that the amendment I propose leaves it where it may be changed to suit public sentiment and to suit the condition of the people of the State, and may be modified or changed with regard to single districts without, in any way, causing a conflict or want of harmony in the balance of the amendment now proposed for adoption. I am obliged to make these remarks in favor of the single district system because I believe it is the system the people desire in this State, and I cannot agree with my friend from Columbia that the example of Philadelphia city alone is sufficient to convince us that the single district system does not work well. It has worked well in other Commonwealths. It has worked so well that even in these degenerate days we have not heard of corruption in those Legislatures where it prevails and where the representation is large. I apprehend that under the existing moral condition, the political demoralization of the city of Philadelphia as admitted by all the delegates on this floor from the city, if the single district system for the election of representatives did not exist in Philadelphia the result would not have been different, the character of the representatives would have been the same, because you cannot expect a pure stream from an impure foun tain. In making this remark I don't wish to be understood as reflecting on the present or past members from this city, for I know many of them personally and know them to be upright and honorable gentlemen; but I say that whenever you educate the people up to a sense of their duty, whenever you influence them and instruct them to know their own rights and to do their own governmental duty, they will, whether the system is single districts or community districts, send representatives representing their sentiments and who will honestly execute their will. It would not have been different, I say, sir, in the city of Philadelphia, I apprehend, if the single district system had not prevailed there. I am convinced, Mr. President, that the single district system throughout the whole State is the true system to secure accountable representatives and honest legislation. I am convinced that the people of the State to-day want that system tried. Two or three of the leading papers of this city advocated it the past week, and the leading papers of both parties in the rural districts have been advocating it for weeks and weeks, and I feel and know from my observation and contact with the people that it is the sentiment, not of any one party, but of all parties, that the single district system is the system that will hold the representative more to his duty and make him feel more responsibility than the community district system. It brings him close to the electors. With these remarks, Mr. President, explaining this amendment which I have the honor to offer, I hope that if gentlemen do not agree with the number of two hundred, it will be altered, and that the second section of my proposition at least will be adopted. The PRESIDENT. The question is on the amendment to the amendment. Mr. D. W. PATTERSON. I ask a division of the question so that the vote be taken on the first section. The PRESIDENT. The first division will be read. The CLERK read as follows: "The House of Representatives shall consist of two hundred members.” The division was rejected, the yeas being twenty-nine, less than a majority of a quorum. The PRESIDENT. The second division will be read. The CLERK read as follows: |