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Parsons, Patterson, D. W., Porter, Purviance, John N., Purviance, Samuel A., Reynolds, Ross, Runk, Russell, Sharpe, Stanton, Temple, Turrell, Wetherill, J. M., Wetherill, Jno. Price, Wherry, White, David N., White, Harry, Woodward, Worrell and Wright-66.

So the amendment was rejected. ABSENT. -Messrs. Bailey, (Huntingdon,) Baker, Barclay, Bardsley, Brodhead, Carey, Cassidy, Cochran, Curry, Cuyler, Davis, Dodd, Finney, Gibson, Hanna, Harvey, Heverin, Littleton, Mitchell, Patterson, T. H. B., Read, John R., Rooke, Simpson, Van Reed, White, J. W. F. and Meredith, President-26. Mr. Ross. I move to amend the section in the sixth line, by striking out the words "three-fifths" and inserting "onehalf."

The PRESIDENT pro tem. The question is on the amendment of the delegate from Bucks (Mr. Ross.)

The amendment was rejected.
The PRESIDENT pro tem. The question

recurs on the section.

Mr. WHERRY. Mr. President: It will be observed by the Convention that this

nineteenth section contains four distinct

bases of representation: First, county representation; second, representation upon a basis of population of twenty-five thousand; third, a representation upon the basis of three-fifths of a ratio; and fourth, and to my mind the most objectionable, the basis of representation upon accidental fractions. It is against this fourth basis of representation that I desire solemnly to protest. It is undemocratic, un-American, anti-republican, and contrary to every settled policy of republican government, contrary to everything that this Convention has heretofore done. It is not a representation of majorities or of minorities, but of pure accidents. therefore move to strike out from this nineteenth section all after the word "members," in the seventh line.

I

Mr. J. PRICE WETHERILL. Mr. President: I heartily endorse every word that has been said by the gentleman who has last spoken upon this section. It is true that the latter clause of this section was prepared to accommodate some nine or eleven counties in the State-I think nine only-simply because their unused fractions happened to amount to over nine thousand. Now, there may be such a change in the condition of things that these unused fractions of nine thousand

may be reduced to a very much smaller sum than that, and if it is reduced to five thousand or four thousand, how unfair it is?

Mr. D. N. WHITE. I should like to correct the gentleman. Over eleven

thousand is the smallest fraction.

Mr. J. PRICE WETHERILL. I say that if by some unforeseen accident this number should be reduced to say four or five thousand, and that should be the largest number, how unfair it would be to give a county with so small an unused fraction as that a Representative, when other counties have to have twenty-five thousand for a Representative! It is not fair, it is a mere expedient, and as such, in my opinion, should not go into the organic law.

Why was it that one hundred and fiftytwo members were named? Simply to accommodate these nine counties. It was well known that the representatives upon this floor, representing these nine counties, would object seriously when they had so large a number of unused fracit is a compromise given by the delegate tions that they were not recognized, and from Allegheny to the representatives on this floor of those nine counties, and it suits them, although it does not, upon any fair or just principle, suit any other

county in the State.

I do hope, therefore, that the amendment offered by the gentleman from Cumberland will prevail, and that we shall strike out the latter part of this sec

tion.

Mr. TURRELL. Mr. President: I hope that the amendment will not prevail. Every one of the propositions contained in the section in one form or another, by amendments, has been passed upon by this Convention, and as we have got back to the section now, let us have a square vote upon it.

Asto the remarks upon the fact that there are fractions to be provided for, that has been a thing recognized and conceded all the way through in this voting, that these fractions are to be provided for, and it is right they should be; and there is no ratio that you can take, there is no system that you can take but what will leave some fractions somewhere, and it is only a question where they shall be. Now let us come to a vote upon it. There is no injustice in it, because, as I said before, any gentleman may sit down and try and he cannot take a ratio which will not leave fractions somewhere; and it makes, as I

said before, only a question of where they shall be. Those fractions will change with population, and some who may think they are injured by it now will be benefited by and by. The proposition is is as fair a one as we can get at. It has been fully canvassed. Let us have a square vote on it.

Mr. WHERRY. The gentleman from Susquehanna is inistaken when he says the Convention have passed on this question. ["Order." "Order."]

shall never consent to do, and I do not care what political party, or whether it be a political party or not-it may not be one, we may be divided on other questions than politics—I shall never give my vote to a proposition that may possibly lead to this result. I therefore shall vote against this section, and I much prefer to this proposition that you fix the amount of Representatives at one hundred and fifty and Senators at fifty, and trust the whole thing to the Legislature and allow them to gerrymander, allow them to do what they will. They cannot disregard the

The PRESIDENT pro tem. The delegate from Cumberland has the floor. SEVERAL DELEGATES. He has spoken popular will if you do; they must pay

once.

The PRESIDENT pro tem. Delegates will keep order and let the gentleman proceed with his remarks.

Mr. WHERRY. Efforts have been made to adopt the sliding scale by which fractions should be represented, but we object to this

Mr. HOWARD. Mr. President: I rise to a point of order. The delegate now addressing the Chair has spoken upon this subject once.

The PRESIDENT pro tem. The Chair believes he has.

Mr. CORBETT. Mr. President: I want to know if I have spoken. The PRESIDENT pro tem. The Chair thinks not.

Mr. CORBETT. I want to say merely a word, and I shall not detain the Convention any time. I am glad to hear that this is a fair proposition. That is a great comfort to me. [Laughter.] It gives a county which has only one hundred votes a Representative; it does not give another county of greater population a second one until she has forty thousand! I apprehend that if there was only one voter in a county he could have a Representative. I am a good deal non-plussed in this matter to know whether it is the people, the electors that vote, or the territory or pine stumps, that is represented; and yet I am told that this proposition is a fair one. I suppose it will be passed. All right if you pass it. The Convention can pass it if they see proper. The people may adopt it. If they do I say now, and here, that it strikes at popular government. I say that when the question arises in the Legislature of this State who shall represent the people of Pennsylvania in the United States Senate, the representative elected may, possibly, represent the popular will or he may not. I say on this question that it does what I

some attention to the wishes and the will of the majority of the people of Pennsylvania. But I say this does not arrive at that result at all. It may arrive at it or it may not; it depends upon accident.

The PRESIDENT pro tem. The question is on the amendment of the delegate from Cumberland (Mr. Wherry.)

Mr. WHERRY. I call for the yeas and nays.

The yeas and nays were ordered, more than ten delegates rising to second the call, and they were taken with the following result:

YEAS.

Messrs. Achenbach, Alricks, Baer, Biddle, Bigler, Black, Charles A., Black, J. S., Brodhead, Broomall, Buckalew, Bullitt, Campbell, Carter, Church, Clark, Corbett, Corson, Dallas, De France, Elliott, Ellis, Gibson, Gilpin, Guthrie Hemphill, Hunsicker, Kaine, Lamberton, Lilly, Long, M'Camant, M'Clean, M'Murray, Metzger, Mott, Patton, Pughe, Purman, Reynolds, Sharpe, Smith, H. G., Smith, Henry W., Smith, Wm. H., Temple, Van Reed, Walker, Wetherill, John Price, Wherry and Worrell—49.

NAYS.

Messrs. Addicks, Ainey, Andrews, Armstrong, Baily, (Perry,) Bartholomew, Beebe, Bowman, Brown, Calvin, Cochran, Collins, Craig, Darlington, Dodd, Edwards, Ewing, Fell, Fulton, Funck, Green, Hay, Hazzard, Horton, Howard, Knight, Landis, Lawrence, Lear, MacConnell, MacVeagh, M'Culloch, Mann, Mantor, Minor, Niles, Palmer, G. W., Palmer, H. W., Parsons, Porter, Purviance, John N., Purviance, Samuel A., Reed, Andrew, Rooke, Ross, Russell, Stanton, Stewart, Struthers, Turrell, Wetherill, J. M., White, David N., White, Harry, Woodward and Wright-55.

So the amendment was rejected. ABSENT.-Messrs. Bailey, (Huntingdon,) Baker, Bannan, Barclay, Bardsley, Boyd, Carey Cassidy, Cronmiller, Curry, Curtin, Cuyler, Davis, Dunning, Finney, Hall, Hanna, Harvey, Heverin,'Littleton, Mitchell, Newlin, Patterson, D. W., Patterson, T. H. B., Read, John R., Runk, Simpson, White, J. W. F. and Meredith, President-29.

Cochran, Corbett, Dallas, De France, Dunning, Elliott, Ellis, Fulton, Gibson, Gilpin, Guthrie, Hemphill, Hunsicker, Kaine, Lamberton, Lilly, Littleton, Long, M'Camant, M'Clean, M'Murray, Metzger, Mott, Palmer, G. W., Palmer, H. W., Patterson, D. W., Patton, Purman, Purviance, Samuel A., Reynolds, Ross, Runk, Sharpe, Smith, H. G., Smith, Henry W., Smith, Wm. H., Stewart, Temple,

The PRESIDENT pro tem. The question Walker, Wetherill, John Price, Wherry recurs on the section. and Worrell-58.

Mr. LILLY. I have only a word to say. It appears to me that this Convention is about to put into the Constitution a monstrosity, and I appeal to gentlemen who think as I do to withdraw all further opposition to it except by their silent votes. Mr. WHERRY. Idesire to move a mere verbal amendment. The words "on the ratio" occur in the fourth line. I submit that they do not make good English. I move to strike out the words, "on the," and insert the word "in." The clause will then read, "in proportion to the population in ratio."

The amendment was rejected.
The PRESIDENT pro tem. The question

is on the nineteenth section.

The yeas and nays were required by Mr. Wherry and Mr. Kaine, and were as follow, viz:

YEAS.

Messrs. Achenbach, Addicks, Ainey, Andrews, Armstrong, Baily, (Perry,) Bartholomew, Beebe, Bowman, Calvin, Collins, Corson, Darlington, Dodd, Edwards, Ewing, Fell, Funck, Green, Hall, Hay, Hazzard, Horton, Howard, Knight, Landis, Lawrence, MacConnell, MacVeagh, M'Culloch, Mann, Mantor, Minor, Niles, Parsons, Porter, Pughe, Purviance, John N., Reed, Andrew, Rooke, Russell, Stanton, Struthers, Turrell, Van Reed, Wetherill, J. M., White, David N. and White, Harry-48.

NAYS.

Messrs. Alricks, Baer, Bannan, Biddle, Bigler, Black, Chas. A., Black, J. S., Brodhead, Broomall, Brown, Buckalew, Bullitt, Campbell, Carter, Church, Clark,

So the section was rejected.

ABSENT.-Messrs. Bailey, (Huntingdon,) Baker, Barclay, Bardsley, Boyd, Carey, Cassidy, Craig, Cronmiller, Curry, Curtin, Cuyler, Davis, Finney, Hanna, Harvey, Heverin, Lear, Mitchell, Newlin, Patterson, T. H. B., Read, John R., Simpson, White, J. W. F., Woodward, Wright and Meredith, President-27.

Mr. J. PRICE WETHERILL. Mr. President: I offer the following as a new section at this place, to be numbered nineteen:

"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 Representatives in the House of Representatives. Every county shall be entitled to one Representative, unless its population is less than threcfifths 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 additional 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." Mr. WHERRY. I move that we adjourn. The motion was agreed to, and at two o'clock and forty-eight minutes P. M. the Convention adjourned.

ONE HUNDRED AND TWENTY-FOURTH DAY.

FRIDAY, June 20, 1873.

The Convention met at half past nine o'clock A. M., Hon. John H. Walker, President pro tem., in the chair.

The Journal of yesterday's proceedings was read and approved.

ORDER OF BUSINESS,

The PRESIDENT pro tem. Petitions and memorials are in order.

Mr. BIGLER. I think we shall greatly facilitate business this morning by going directly to the article we had under consideration yesterday. For that purpose I move the postponement of all other orders, and that the Convention do now proceed to consider the report No. 2 on the Legislature.

The PRESIDENT pro tem. The delegate from Clearfield moves to postpone all other orders and proceed to the consideration of the article to which he has referred. ["No." "No."]

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Mr. KAINE. I offer the following resolution.

"Resolved, That when the Convention adjourn on Tuesday next, it will adjourn to meet at twelve o'clock, M., on Tuesday, September 16, 1873."

On the question of proceeding to the second reading and consideration of the resolution, Mr. Dallas and Mr. Hay called for the yeas and nays. Mr. BARTHOLOMEW. Mr. President :The PRESIDENT pro tem. The yeas and

Mr. MACVEAGH. I trust that will not be nays have been called for. done.

SEVERAL DELEGATES.

the day.

Mr. MACCONNELL. Let the resolution

The orders of be read.

The PRESIDENT pro tem. The question is on the motion of the delegate from Clearfield.

SEVERAL DELEGATES.

day.

The resolution was read for information. Mr. MACCONNELL. Now if it is in order I move to amend

The PRESIDENT pro tem. An amendOrders of the ment is not yet in order. The question is on proceeding to the second reading and consideration of the resolution.

Mr. BIGLER. The motion was to postpone the further consideration of the orders of the day.

The PRESIDENT pro tem. The question is on the motion of the delegate from Clearfield.

Mr. BIGLER. The motion is to postpone all other orders and proceed to the consideration of the article which was up yesterday.

The PRESIDENT pro tem. The Chair will again state the question. It is to postpone all other orders and proceed at once to the consideration of Article No. 2, reported from the Committee on the Legislature.

Mr. BROOMALL. That requires a twothirds vote.

Mr. BIGLER. Only a majority. The PRESIDENT pro tem. It requires two-thirds to suspend the orders.

The question was taken by yeas and nays, with the following result:

YEAS.

Messrs. Ainey, Andrews, Armstrong, Baker, Barclay, Bartholomew, Bowman, Boyd, Broomall, Brown, Calvin, Campbell, Cochran, Collins, Fell, Green, Harvey, Hemphill, Howard, Kaine, Knight, MacConnell, MacVeagh, M'Clean, Mantor, Minor, Newlin, Parsons, Patton, Purman, Reynolds, Runk, Russell, Smith, H. G., Smith, Henry W., Turrell, Van Reed, Wetherill, J. M., Wherry, White, David N., Woodward and Wright-42.

NAYS.

Messrs. Alricks, Baily, (Perry,) Beebe, Bigler, Black, Charles A., Brodhead, Church, Clark, Corbett, Corson, Cronmil

ler, Curtin, Dallas, Darlington, De France, Dodd, Edwards, Elliott, Ellis, Ewing, Fulton, Funck, Gibson, Gilpin, Guthrie, Hall, Hay, Horton, Hunsicker, Lamberton, Lawrence, Lilly, M'Culloch, Mann, Niles, Palmer, H. W., Patterson, D. W., Porter, Purviance, John N., Purviance, Samuel A., Reed, Andrew, Rooke, Sharpe, Simpson, Stewart, Struthers, Temple, Walker, Wetherill, J. Price and White, Harry-50.

So the resolution was not ordered to a second reading.

ABSENT.-Messrs. Achenbach, Addicks, Baer, Bailey, (Huntingdon,) Bannan, Bardsley, Biddle, Black, J. S., Buckalew, Bullitt, Carey, Carter, Cassidy, Craig, Curry, Cuyler, Davis, Dunning, Finney, Hanna, Hazzard, Heverin, Landis, Lear, Littleton, Long, M'Camant, M'Murray, Metzger, Mitchell, Mott, Palmer, G. W., Patterson, T. H. B., Pughe, Read, John R., Ross, Smith, Wm. H., Stanton, White, J. W. F., Worrell and Meredith, President

41.

SATURDAY SESSIONS.

Mr. J. N. PURVIANCE submitted the following resolution:

Resolved, That hereafter, and until otherwise ordered, the sessions of the Conventlon shall be held, on Saturdays, from nine and a half o'clock A. M. to one P. M.

On the question of ordering the resolution to a second reading, the yeas and nays were required by Mr. Turrell and Mr. H. W. Smith, and were as follow, viz:

YEAS.

Messrs. Achenbach, Ainey, Andrews, Baer, Baily, (Perry,) Beebe, Bigler, Boyd, Brown, Campbell, Church, Collins, Corbett, Corson, Dallas, Darlington, De France, Dodd, Edwards, Elliott, Fulton, Gilpin, Guthrie, Harvey, Hay, Lawrence, MacConnell, M'Clean, M'Culloch, Mantor, Minor, Mott, Niles, Palmer, H. W., Patton, Porter, Purman, Purviance, John N., Purviance, Samuel A., Reed, Andrew, Reynolds, Russell, Smith, H. G., Stewart, Struthers, Turrell, Van Reed, Walker and White, David N.-49.

NAYS.

Messrs. Alricks, Armstrong, Baker, Barclay, Biddle, Black, Charles A., Bowman, Brodhead, Broomall, Buckalew, Calvin, Clark, Cochran, Cronmiller, Curtin, Ellis, Ewing, Fell, Funck, Gibson, Green, Hemphill, Horton, Howard, Hunsicker, Kaine, Knight, Lamberton, Lilly, Mao

Veagh, M'Camant, Mann, Newlin, Pal-
mer, G. W., Parsons, Patterson, D. W.,
Ross, Runk, Sharpe, Simpson, Smith,
Henry W., Stanton, Temple, Wetherill, J.
M., Wetherill, Jno. Price, Wherry, White,
Harry, Woodward and Wright-49.
So the question was determined in the
negative.

ABSENT.-Messrs. Addicks, Bailey, (Huntingdon,) Bannan, Bardsley, Bartholomew, Black, J. S., Bullitt, Carey, Carter, Cassidy, Craig, Curry, Cuyler, Davis, Dunning, Finney, Hall, Hanna, Hazzard, Heverin, Landis, Lear, Littleton, Long, M'Murray, Metzger, Mitchell, Patterson, T. H. B., Pughe, Read, John R., Rooke, Smith, Wm. H., White, J. W. F., Worrell and Meredith, President-35.

PROPOSED RECESS.

Mr. LAMBERTON. I offer the following resolution:

Resolved, That when this Convention adjourns on Thursday, the third of July, it will be to meet at Harrisburg on the day of September next.

On the question of proceeding to the second reading of the resolution a division was called for.

Mr. WOODWARD. would proceed to the second reading and I wish the House consideration of this resolution. There is no harm in considering it.

Mr. MACVEAGH. Fill in "the first of of September."

Mr. LAMBERTON. I have made it "the the blank with any day you please. day of September." You can fill in

On the question of proceeding to the resolution a division was called for, which second reading and consideration of the resulted: Forty-eight in the affirmative and fifty-five in the negative. So the Convention refused to read the resolution

a second time.

Mr. NEWLIN. I offer the following resolution:

adjourns on Friday next, it will be to meet on the third Tuesday of October.

Resolved, That when the Convention

Mr. BARTHOLOMEW. I desire to offer the following resolution:

Resolved, That when the Convention adjourns to-day, it will be to meet on Monday, the thirtieth instant, at Harrisburg.

On the question of proceeding to the second reading and consideration of the resolution, Mr. Bartholomew and Mr. Harry White called for the yeas and nays, and they were taken with the following result:

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