Corbett, Craig, Curtin, Darlington, De So the first branch of the second division was agreed to. ABSENT.-Messrs. Achenbach, Addicks, Bailey, (Huntingdon,) Baker, Bannan, Barclay, Bardsley, Bartholomew, Bullitt, Cassidy, Curry, Cuyler, Dallas, Davis, Finney, Harvey, Knight, M'Culloch, Metzger, Mitchell, Newlin, Palmer, G. W., Patterson, T. H. B., Porter, Read, John R., Simpson, Stanton, Temple, Wetherill, J. M., White, J. W. F. and Meredith, President―31. The PRESIDENT pro tem. The second portion of the second division will now be read. The CLERK read as follows: "But no county hereafter erected shall be entitled to separate representation unless its population shall exceed one-half a representative ratio." Mr. MACVEAGH. I think that is unnecessary under any circumstances. The difficulties we have put in the way of the creation of new counties will certainly answer every purpose in this regard. Mr. BUCKALEW. One-fifth of the population are ordinarily voters, and the limitation of twenty thousand of population in erecting a new county amounts to a limitation of four thousand voters; so that without this amendment in all future time four thousand voters would be entitled to a Representative. The ratio for a Representative under the present apportionment is now between eight and nine thousand, and the representative ratio may rise as high as twenty-five or thirty thousand. Therefore I do not consider that limitation in the section in regard to the formation of new counties a sufficient protection. At the same time I do not consider this to be a very important provision. Mr. MACVEAGH. It is totatly inconsistent to vote that no new county in the future shall have a member while we give every little county formed now a member. The PRESIDENT pro tem. The question is on the second clause of the second division of the amendment. The question being put, there were on a division: Ayes forty-four; nays thirtyseven. Mr. HARRY WHITE. I call for the yeas and nays. Mr. HUNSICKER and others. It is too late; the question has been decided. The PRESIDENT pro tem. The yeas and nays are called on this question. Mr. COCHRAN. I move to amend this division, by striking out the words "exceed one-half," and insert the word "equal," so as to require every new county hereafter constituted to have a full ratio before it can have a Representative. The PRESIDENT pro tem. The question is on the amendment to the amendment. The amendment to the amendment was agreed to, there being on a division: Ayes The PRESIDENT pro tem. The question "But no county hereafter erected shali be entitled to separate representation unless its population shall equal a representative ratio." Mr. MACVEAGH. Let us have the yeas and nays on that question. The yeas and nays were ordered, ten delegates rising to second the call. Mr. HARRY WHITE. I have but a single observation to make. So far as I am concerned, I am going to vote against this division, because I am in favor of the proposition of the delegate from Allegheny (Mr. D. N. White.) If this is voted down, I hope to have the opportunity of voting for his proposition. Mr. COCHRAN. The gentleman from Indiana must remember that this Convention has already adopted matter which is a substitute for the proposition of the gentleman from Allegheny, and he will not hurt it by putting in more. Mr. DODD. I rise to a point of order. The yeas and nays being called for, debate is out of order. The PRESIDENT pro tem. The Chair sustains the point of order. The question being taken by yeas and nays, resulted: Yeas thirty-four; nays fifty-nine, as follows: YEAS. Messrs. Alricks, Biddle, Broomall, Brown, Bullitt, Campbell, Carter, Church, Cochran, Curtin, Dodd, Ellis, Fell, Funck, Gibson, Heverin, Hunsicker, Kaine, Knight, Lilly, Littleton, Long, M'Cul loch, Porter, Purviance, Samuel A., Reed, Andrew, Reynolds, Ross, Smith, H. G., Stewart, Van Reed, Walker, Woodward and Wright-34. NAYS. Messrs. Ainey, Armstrong, Baer, Baily, (Perry,) Bigler, Black, Charles A., Bowman, Brodhead, Buckalew, Calvin, Clark, Collins, Corson, Craig, Cronmiller, Darlington, De France, Dunning, Edwards, Elliott, Ewing Fulton, Gilpin, Green, Guthrie, Hall, Hanna, Hay, Hazzard, Hemphill, Horton, Howard, Lamberton, Landis, Lawrence, MacConnell, Mac Veagh, M'Clean, Mann, Mantor, Minor, Niles, Palmer, H. W., Parsons, Patterson, D. W., Patton, Purman, Purviance, John N., Rooke, Runk, Russel, Sharpe, Smith, Henry W., Struthers, Turrell, Wherry, White, David N., White, Harry and Worrell-59. So the division was rejected. ABSENT.-Messrs. Achenbach, Addicks, Andrews, Bailey, (Huntingdon,) Baker, Bannan, Barclay, Bardsley, Bartholomew, Beebe, Black, J. S., Boyd, Carey, Cassidy, Corbett, Curry, Cuyler, Dallas, Davis, Finney, Harvey, Lear, M'Camant, M'Murray, Metzger, Mitchell, Mott, Newlin, Palmer, G. W., Patterson, T. H. B., Pughe, Read, John R., Simpson, Smith, Wm. H., Stanton, Temple, Wetherill, J. M., Wetherill, John Price, White, J. W. F. and Meredith, Presi dent-40. The PRESIDENT pro tem. Yes, sir. The third division will now be read. The CLERK read as follows: 3. "Counties containing a representative ratio and three-fifths of a second ratio shall be entitled to two Representatives; those containing two ratios and four-fifths of a third ratio shall be entitled to three Representatives; and each county containing three or more ratios shall be entitled to one Representative for each ratio of its population." Mr. HAY. It seems to me, in view of the vote that has just been taken, that the counties hereafter erected, as well as those now organized, shall have a Representative, that the words "now organized," in the sixth line, ought to be stricken out. I do not know whether it is in order to move an amendment, but I think those words ought to be stricken out. Mr. MACVEAGH. Unanimous consent can be given to strike out those words. The PRESIDENT pro tem. It would require a reconsideration of the vote on that division. The third division, which has just been read, is before the Convention. Mr. MACVEAGH. That, I understand, is a substitute for the nineteenth section of the report, offered by the gentleman from Allegheny (Mr. D. N. White.) I shall, therefore, vote "no," as a choice between evils. Mr. BUCKALEW. I have a modification to offer to that division, and a very important one. It is to strike out and in sert: "Counties containing a representative ratio, and more than one-half a second ratio shall be entitled to two Representatives; those containing two ratios and three-fifths of a third ratio shall be entitled to three Representatives; those containing three ratios and four-fifths of a fourth ratio shall be entitled to four Representatives; those containing four ratios and nine-tenths of a fifth ratio, shall be entitled to five representatives; and each more ratios county containing five or shall be entitled to one Representative for each ratio of its population." Mr. President: This amendment con forms to the principle of the clause as originally reported by the committee. The report was made in a simple form for two fractions alone, but as it seems to be generally agreed that this mode of representing fractions is the correct principle, I have prepared, in accordance with authority from the committee, this modification, making it complete, and making a rule workable conveniently for all future time. The result is to give us exactly one hundred and fifty Representatives, if an aportionment should now be made, and three additional Representatives from the small counties, which the committee had grouped together as I before stated. The Convention has chosen to add to the report of the committee those three members, by giving these small counties each a separate Representative. The outcome of the fraction, however, that will be represented under this modification of the amendment will be exactly one hundred and fifty, and it will be about that in all future time. Now, sir, this scale is adapted to the principle which I have several times before fully discussed, and which it seems to be agreed to on all hands is a correct one. I will state the result. It will give to the county of Adams, 1; Allegheny, 11; Armstrong, 2; Beaver, 2; Bedford, 1; Berks, 4; Blair, 2; Bradford, 2; Bucks, 3; Butler, 2; Cambria, 2; Cameron, 1; Carbon, 1; Chester, 3; Centre, 1; Clarion, 1; Clinton, 1; Clearfield, 1; Columbia, 1; Crawford, 3; Cumberland, 2; Dauphin, 2; Delaware, 2; Elk, 1; Erie, 3; Fayette, 2; Franklin, 2; Fulton, 1; Forest, 1; Greene, 1; Huntingdon, 1; Indiana, 2; Jefferson, 1; Juniata, 1; Lancaster, 5; Lawrence, 1; Lebanon, 1; Lehigh, 2; Luzerne, 6; Lycoming, 2; Mercer, 2; M'Kean, 1; Mifflin, 1; Monroe, 1; Montgomery, 3; Montour, 1; Northampton, 3; Northumberland, 2; Perry, 1; Philadelphia, 28; Pike, 1; Potter, 1; Schulkill, 5; Snyder, 1; Somerset, 2; Sullivan, 1; Susquehanna, 1; Tioga, 1; Union, 1; Venango, 2; Warren, 1; Washington, 2; Wayne, 1, Westmoreland, 2; Wyoming, 1; York,:3; resulting in 153 Representa tives. Upon the scale of numbers, in the proposition as first printed, the number would be one hundred and forty-four; but the arrangement of fractions here, furnishing an adjustable scale and a proper one for all time, results in the number I have mentioned. Mr. S. A. PURVIANCE. I move you, sir, that the representation assigned to Philadelphia in this estimate be reduced to twenty-four. The PRESIDENT pro tem. There is an amendment to the amendment pending. The question is on the amendment of the delegate from Columbia to the third division of his original amendment. Mr. BUCKALEW called for the yeas and nays, and the call was seconded by ten members. Mr. J. N. PURVIANCE. sition be read. tled to one Representative for each ratio of its population. The PRESIDENT pro tem. The Clerk will call the names of delegates. The yeas and nays were taken, with the following result: YEAS. ler, Black, Charles A., Black, J. S., Boyd, NAYS. Messrs. Ainey, Armstrong, Baily, (Perry,) Bannan, Bartholomew, Beebe, Biddle, Bowman, Calvin, Carey, Carter, Cochran, Collins, Corson, Craig, Darlington, Edwards, Ewing, Fell, Fulton, Funck, Green, Hanna, Hazzard, Horton, Howard, Knight, Lawrence, Lear, Littleton, MacConnell, MacVeagh, M'Culloch, Mann, Mantor, Minor, Niles, Palmer, H. W., Patterson, D. W., Porter, Purviance, Samuel A., Rooke, Russell, Smith, Henry W., Stanton, Struthers, Turrell, Walker, White, David N. and White, Harry-50. So the amendment to the ammendment was agreed to. ABSENT.-Messrs. Addicks, Andrews, Bailey, (Huntingdon,) Baker, Barclay, Bardsley, Cassidy, Curry, Cuyler, Dallas, Let the propo- Davis, Finney, Harvey, Hunsicker, M'Murray, Metzger, Mitchell, Newlin, Parsons, Patterson, T. H. B., Read, John R., Simpson, Temple, Wetherill, J. M., Wetherill, Jno. Price, White, J. W. F. and Meredith, President-27. The CLERK. It is to insert in place of the third division of Mr. Buckalew's amendment, offered yesterday, the following: "Counties containing a representative ratio and one-half a second ratio shall be entitled to two Representatives; those containing two ratios and three-fifths of a third ratio shall be entitled to three Representatives; those containing three ratios and four-fifths of a fourth ratio shall be entitled to four Representatives; those containing four ratios and nine-tenths of a fifth ratio shall be entitled to five Representatives; and each county containing five or more ratios shall be enti The PRESIDENT pro tem. The question recurs on the division as amended. Mr. BRODHEAD. I offer the following, to come in as an amendment to this division of the amendment of the gentleman from Columbia: "The unrepresented fractions of the population of all the counties of the State shall be aggregated, and Representation allowed for the same according to the ratio; and these additional Representatives shall be elected on a general ticket. The PRESIDENT pro tem. The question is on the amendment to the amendment. The amendment to the amendment was rejected. The PRESIDENT pro tem. The question recurs on the third division of the amendment of the gentleman from Columbia, as amended. Mr. D. W. PATTERSON. Is not the question now on the whole amendment, as amended, offered by the gentleman from Columbia? The PRESIDENT pro tem. On the third division of that amendment as amended. Mr. CORBETT. I call for the yeas and nays. The yeas and nays were ordered, more than ten members rising to second the call. Mr. AINEY. I desire to say one word on this section. ["Too late."] Messrs. Achenbach, Alricks, Baer, Bigler, Black, Charles A., Boyd, Brodhead, Brown, Buckalew, Bullitt, Campbell, Church, Clark, Corbett, Cronmiller, Curtin, Dallas, De France, Dodd, Dunning, Elliott, Ellis, Gibson, Gilpin, Guthrie, Hay, Hunsicker, Kaine, Lamberton, Lan; The PRESIDENT pro tem. The call for dis, Lilly, Long, M'Camant, M'Clean, the yeas and nays is seconded. Mr. AINEY. I hope this proposition will not be adopted. To show how unequal and unfair it will district the State, let me refer to the fact that the county in which I reside, Lehigh, will have two members, with a population of very nearly fifty-eight thousand. The county of Susquehanna, with a population of thirty-seven thousand, will have two members. I hope it will not not be agreed to. Mr. LILLY. I want to ask the delegate ff he has not been voting for giving counties with four thousand a Representative along with my county; and now he complains for his own county? Mr. AINEY. I answer the gentleman that I did not so vote when the question was before the House. The PRESIDENT pro tem. The Clerk will call the names of members on the third division of the amendment of the gentleman from Columbia, as amended. SEVERAL DELEGATES. Let the division be read. Metzger, Mott, Palmer, G. W., Patton, Purman, Purviance, John N., Reed, Andrew, Ross, Runk, Sharpe, Smith, H. G., Smith, Wm. H., Stewart, Van Reed, Wetherill, J. M., Wherry, Woodward and Worrell-52. NAYS. Messrs. Ainey, Armstrong, Baily, (Perry,) Bannan, Bartholomew, Beebe, Biddle, Bowman, Broomall, Calvin, Carey, Carter, Cochran, Collins, Corson, Craig, Darlington, Edwards, Ewing, Fell, Fulton, Funck, Green, Hanna, Hazzard, Heverin, Horton, Howard, Knight, Lawrence, Lear, Littleton, MacConnell, MacVeagh, M'Culloch, Mann, Mantor, Minor, Niles, Palmer, H. W., Parsons, Patterson, D. W.,Porter, Pughe, Purviance, Sam'l A., Reynolds, Rooke, Russell, Smith, Henry W., Stanton, Struthers, Turrell, Walker, Wetherill, Jno. Price, White, David N., White, Harry and Wright-58. So the third division of Mr. Buckalew's amendment as amended was rejected. ABSENT.-Messrs. Addicks, Andrews, The CLERK. This division as amended Bailey, (Huntington,) Baker, Barclay, reads: "Counties containing a representative ratio and more than one-half a second ratio shall be entitled to two Representatives; those containing two ratios and three-fifths of a third ratio shall be entitled to three Representatives; those containing three ratios and four-fifths of a fourth ratio shall be entitled to four Representatives; those containing four ratios and nine-tenths of a fifth ratio shall be entitled to five Representatives; and each Bardsley, Black, J. S., Cassidy, Curry, Cuyler, Davis, Finney, Hall, Harvey, Hemphill, M'Murray, Mitchell, Newlin, Patterson, T. H. B., Read, John R., Simpson, Temple, White, J. W. F. and Meredith, President-23. The PRESIDENT pro tem. The Clerk will read the fourth division. The CLERK read as follows: 4. "The Representatives assigned to the counties of Philadelphia and Allegheny, Schuylkill and Luzerne shall be chosen by single districts. The said representative districts shall be so formed as to secure the full proportionate and just rep. resentation of each division of the electors of each of said counties, as the same shall be exhibited in the returns of popular elections; shall have respectively a census population, as nearly equal as may be, and shall be composed of connected territory; but no township or election district shall be divided in the formation of said representative districts. Mr. BUCKALEW. I desire to modify this division; first, by striking out all after the word "to," in the first sentence, to the word "shall," and inserting the words "counties containing over two hundred and fifty thousand inhabitants;" also to add after the word "secure," in the second sentence, the words "as nearly as may be." Mr. NILES. Does that leave out Schuyl kill and Luzerne? Mr. BUCKALEW. It strikes out "counties of Philadelphia and Allegheny, Schuylkill and Luzerne." Mr. EWING. That clause was left in the amendment by adding the counties of Schuylkill and Luzerne, and I suggest that it is not now in order to modify it in the way proposed. The PRESIDENT pro tem. It is in order to strike out more than was put in. Mr. BUCKALEW. Now let the division as modified be read. The CLERK read as follows: "The Representatives assigned to counties containing over two hundred and fifty thousand inhabitants shall be chosen by single districts. The said representative districts shall be so formed as to se cure, as nearly as may be, the full proportionate and just representation of each division of the electors of each of said counties as the same shall be exhibited in the returns of popular elections; shall have respectively a census population, as nearly equal as may be, and shall be composed of connected territory; but no township or election district shall be divided in the formation of said representative districts." Mr. MACVEAGH. That modification would not now be in order. The Convention voted into this section, as an amendment, the counties of Schuylkill and Luzerne, and the gentleman now proposes to strike that out. Mr. DALLAS. He strikes out more. The PRESIDENT pro tem. If the motion was to strike out only what was inserted it would be out of order. Mr. BARTHOLOMEW. The amendment I offered was to insert Luzerne and Schuylkill. The PRESIDENT pro tem. The amendment of the gentleman from Columbia is to strike out more. The Chair thinks it is in order, and the division as modified is before the Convention. Mr. LITTLETON. I hope the division as modified will not be agreed to. Mr. BUCKALEW. This division as mod ified will be a general provision, and will be in better form than the section as originally framed. It provides that the counties containing over a quarter of a million of inhabitants shall be subject to division into single districts, leaving all counties of less magnitude undivided, to choose the people of the State have been accustheir Representatives by general ticket, as tomed to do from the time the State was organized down to this day. The exception of two hundred and fifty thousand inhabitants for counties above that leaves substantially the arrangement in the Constitution that has always existed. We have provided that the cities of Philadelphia and Pittsburg shall be divided into single senatorial districts and single representative districts, substantially leaving that arrangement as it is now, considering the fact that the city of Pittsburg is being extended to include populous parts of Allegheny county, and probably soon will include the whole county, or at least all the material parts of it. Now, if you depart from this and attempt to pick out particular counties, and subject them to the handling of the Legislature or some other tribunal of apportionment, you get into inextricable difficulty at once. You will be obliged to adopt the expedient of the gentleman from Allegheny over the way, (Mr. D. N. White,) and provide that all the counties of the State shall be divided. For instance, this amendment which the gentleman from Schuylkill (Mr. Bartholomew) moved provides that the county of Schuylkill shall be divided, which contains one hundred and sixteen thousand inhabitants. Well, sir, there is the county of Lancaster left undivided, with one hundred and twenty-one thousand inhabitants. You see that this thing is capricious. You must either leave the question as it stands now, to separate districts in the great cities of the State, and allow the |