amended. If it was not for the amendment, I should vote against the resolution as I did on Friday. My mind is still unchanged. I will add that I would greatly prefer that we should postpone this reso. lution for the present, and that we should go on with our labors during the week and see what result the labors of the week will develop, and then we can better determine the question whether we ought to adjourn or not. But for the purpose of finishing, at the present session the work assigned us by the people, I will vote for the resolution as amended, and I hope everybody in the Convention will. If it is necessary that the labors of the Convention should be closed without a recess, then we ought to employ every day of the week and every hour of the day properly applicable to labor, so as to close our labors by the first or tenth of August next. I do not agree, however, with some of the gentlemen of the Convention in the assertion that the people will vote down any Constitution we may offer them, no matter how good, unless we complete it without a recess. I have great faith in the intelligence, integrity and honesty of the people, and I believe they will ratify and accept our work if it is just and proper without regard to the time in which we complete it. It seems to me that it is of much more importance to the people that we give them a good, wise and carefully-prepared instrument, one which will stand the criticisms of the years through which it is passed, than that we complete it without a recess. Personally it would greatly favor me to go on at present and finish the work, but I voted on Friday to take a recess, because I regarded it in the interest of our work and the public good. Mr. H. W. SMITH. Is it in order now to move a further amendment to the resolution? The PRESIDENT pro tem. It is. Mr. H. W. SMITH. Then I move to amend, by inserting before the word "Sundays" the words "Saturdays and," so as to read, "except on Saturdays and Sundays," so as to have no meeting on Saturday as well as on Sunday. The PRESIDENT pro tem. The question is on the amendment of the delegate from Berks (Mr. H. W. Smith.) Mr. BOWMAN. I rise to a point of order, that that which is now proposed to be struck out has just been voted in. Mr. H. G. SMITH. Mr. President: I believe that the record will show that I have been absent from this Convention but three days, except when detained on one occasion by severe illness. I have steadily voted against every adjournment until last Friday. I have steadily voted to hold sessions on Saturday. If I believed that this Convention could, in this Hall, by continuing its session, finish its work in a proper manner at the present time, at this season of the year, I would vote against the adjournment now proposed, and would have done so last Friday; but I do not believe that the work of this Convention can be deliberately done, done with that consideration and care which it deserves, during three or six weeks to come. I do not believe that its work can be perfected in less than six weeks, and I do not believe that the members of this body can or will remain here during that period. How is it possible for men to deliberate with their blood boiling and their brains roasting? Where on the face of the earth can you people being anxious and eager for us to Now, sir, I am in favor of letting our action of Friday stand until the last of this week, and I move, therefore, to postpone the consideration of this whole matter for the present. Mr. DARLINGTON. If now in order— The PRESIDENT pro tem. The pending motion is not debatable. postpone the resolution, together with It is moved to the amendment, for the present. Mr. HARRY WHITE. however. The PRESIDENT pro tem. The question is on the motion to postpone for the present. Mr. BOWMAN. Yes sir. I understand the amendment of the gentleman from Somerset to be before us and indeed it is. Mr. H. G. SMITH. I call for the yeas That amendment is that this Convention and nays. Mr. CAMPBELL. I second the call. The yeas and nays were taken with the following result: YEAS. Messrs. Addicks, Biddle, Bigler, Bowman, Boyd, Brodhead, Brown. Buckalew, Calvin, Clark, Corson, Curry, Dodd, Elliott, Ellis, Fell, Finney, Hanna, Hemphill, Hunsicker, Kaine, Knight, Littleton, MacConnell, MacVeagh, M'Culloch, Minor, Newlin, Patton, Read, John R., Reynolds, Ross, Runk, Smith, H. G., Smith, Henry W., Stanton, Struthers, Turrell, Van Reed, Wetherill, J. M. and Woodward.-41. NAYS. Messrs. Achenbach, Alricks, Baer, Baily, (Perry,) Bailey, (Huntingdon,) Baker, Bardsley, Black, Charles A., Campbell, Carey, Carter, Church, Cochran, Corbett, Cronmiller, Dallas, Darlington, De France, Edwards, Ewing, Fulton, Gilpin, Guthrie, Hall, Hay, Howard, Lawrence, Lear, Lilly, M'Clean, Mann, Mantor, Mott, Niles, Palmer, G. W., Patterson, T. H. B., Purman, Purviance, John N., Purviance, Sam'l A., Reed, Andrew, Russell, Simpson, Temple, Walker, Wetherill, John Price, Wherry, White, David N., White, Harry and Worrell-49. So the motion to postpone was not agreed to. ABSENT. Messrs. Ainey, Andrews, Armstrong, Bannan, Barclay, Bartholomew, Beebe, Black, J. S., Broomall, Bullitt, Cassidy, Collins, Craig, Curtin, Cuyler, Davis, Dunning, Funck, Gibson, Green, Harvey, Hazzard, Heverin, Horton, Lamberton, Landis, Long, M'Camant, M'Murray, Metzger, Mitchell, Palmer, H. W., Parsons, Patterson, D. W., Porter, Pughe, Rooke, Sharpe, Smith, Wm. H., Stewart, White, J. W. F., Wright and Meredith, President-43. The PRESIDENT pro tem. The question recurs on the resolution as amended. Mr. BOWMAN. I wish to say one word in relation to the passage of this resolution which is under consideration. I un derstand that the amendment offered by the gentleman from Somerset (Mr. Baer) The PRESIDENT pro tem. The question is now on the amendment of the gentleman from Berks (Mr. H. W. Smith.) will hereafter hold two sessions each day, except Sunday, commencing at nine o'clock in the morning and adjourning at one o'clock in the afternoon, and reassemble at half-past three, sitting until seven P. M., thus holding two sessions a day. The amendment of the gentleman from Berks is to strike out Saturday. Mr. J. R. READ. To insert Saturday. which is already inserted in the amend ment of the gentleman from Somerset ? The PRESIDENT pro tem.. The amendment of the gentleman from Berks is to except Saturday. Mr. BOWMAN. Well, sir, to except Saturday. That is of course to strike it out, to provide that there shall be no session on Saturday. I voted last Friday steadily, all the time and every time, to adjourn over the hot weather and reassemble in September or October. I believed then as I believe now, that we cannot get through with the work of this Convention in the next six weeks or two months even at the very longest period. But, sir, I will now vote for the amendment of the gentleman from Somerset and against the amendment to the amendment, of the gentleman from Berks. If we are to stay here why not hold seven and a-half hours sessions each day instead of five and a-half? We shall be the gainer by two hours each day, and if we hold a session on Saturday we shall gain one day in the week, which in the aggregate will make twelve hours each week that we shall be in session in addition to the sessions heretofore, which is two days, one third of the entire time. We shall then gain one week in three, which must be apparent to all. Now, it is proposed to strike out Saturday, and the gentleman from Potter says, we cannot have a session on Saturday here. Why, we certainly can have one as well on Saturday as we can on Friday, if the delegates will attend, and certainly Shall we, from it is their duty to do so. the rural districts, and in the country, be compelled to come here and hold only a five and a-half hours' session each day, exclude Saturday, ramble around the town all day on Saturday, and about half of each day from Monday until Friday night doing nothing, merely to accommo date gentlemen residing in the city or elsewhere? Now, one word further. I think it must be obvious to every gentleman here who has paid any attention to the proceedings of this Convention for the last three weeks, we meet here at half-past nine o'clock; at about one o'clock the delegates are not in proper temper or condition to transact the business of the Convention. Every man gets hungry, gets tired, gets fatigued, becomes almost phyiscally exhausted. The business of the Convention goes on, but I do not believe it receives that consideration that it should receive, and it is in consequence of holding a continuous session of five and a-half hours. Ifthe amendment of the gentleman from Somerset prevails, it seems to me, it will be all right from nine o'clock until one. Then every gentleman can get his dinner at a seasonable hour, reassembling here at half-past three in the afternoon, holding a session until seven. We then may get through this work before the middle of August, but if his amendment is voted down, I do not believe we shall get through before the first of September. Mr. H. W. SMITH. Mr. President: I desire to say that whenever the yeas and nays were called, my name stands recorded against each and every motion and resolution to adjourn. In every case I have done so, because I was anxious to go on and finish the work; but I acknowledge that I have voted invariably not to hold sessions on Saturday, because I found difficulty in having a quorum present at the proper time on that day. Why, sir, take this morning; we were nearly half an hour after the time of meeting, before we had a quorum. I am for going on; I have so voted; but holding sessions on Saturday will not promote the business, and for that reason I have offered the amendment. The PRESIDENT pro tem. The ques tion is on the amendment of the delegate from Berks, (Mr. H. W. Smith.) The amendment was rejected, the ayes being thirty-two, less than a majority of a quorum. The PRESIDENT pro tem. The question recurs on the resolution as amended. Mr. HARRY WHITE. On that I call for a division of the question. Resolved, That the resolution passed June twentieth, providing for an adjournment from June twenty-seventh to the third Tuesday in October next, be and is hereby rescinded; and hereafter this Convention will hold two sesions daily, except Sundays, from nine A. M. to one P. M., and from three and a-half P. M. to seven P. M. Mr. HARRY WHITE. I ask that the resolution be divided, the first vote to be taken on the clause ending with the word "rescinded." Mr. LILLY. Let us have a vote squarely on the whole thing. Mr. WORRELL. I rise to a point of order. The question has been divided once, and the vote taken on the division which the gentleman from Indiana now desires. ["No." "No."] It has been voted upon separately once, and the amendment of the gentleman from Somerset added. The PRESIDENT pro tem. The point of order is not well taken. Mr. HARRY WHITE. I call for the yeas and nays on the first division. Mr. TEMPLE. I second the call. Mr. MACVEAGH. I wish to hear the resolution read. The resolution was again read. The PRESIDENT pro tem. A division is asked, to end at the word "rescinded," and the question is on the first division. Mr. BUCKALEW. I rise to a question of order. The gentleman from Indiana is attempting to get a separate vote upon what we have just voted in. He cannot make a motion directly to strike out, and he cannot get a vote on it except by this attempted division. I submit also that the resolution will not have any meaning if divided in this way. The PRESIDENT pro tem. The Chair has ruled the division to be in order, and the question is on the first division. Mr. BIDDLE. I want to understand distinctly what we are voting on. The PRESIDENT pro tem. On the first division, ending with the word "rescinded." The yeas and nays have been ordered, and the Clerk will call the roll. The question was taken by yeas and nays with the following result: YEAS. Messrs. Achenbach, Alricks, Baily, (Perry,) Baily, (Huntingdon,) Bigler, The PRESIDENT pro tem. The resolu- Black, Charles A., Campbell, Carey, Car tion as amended will be read. The CLERK read as follows: France, Dodd, Edwards, Elliott, Ewing, Fulton, Gilpin, Guthrie, Hall, Hay, Howard, Hunsicker, Lamberton, Lawrence, Lear, Lilly, M'Clean, Mann, Mantor, Niles, Patterson, D. W., Patterson, T. H. B., Porter, Purviance, John N., Purviance, Samuel A., Read, John R., Reed, Andrew, Simpson, Struthers, Temple, Walker, Wetherill, John Price, Wherry, White, David N., White, Harry and Worrell-52. NAYS. Messrs. Addicks, Baer, Baker, Barclay, Biddle, Bowman, Boyd, Brodhead, Brown, Buckalew, Calvin, Church, Craig, Curry, Cuyler, Ellis, Fell, Finney, Hanna, Hemphill, Kaine, Knight, Littleton, MacConnell, MacVeagh, M'Culloch, Minor, Mott, Newlin, Palmer, G. W., Patton, Purman, Reynolds, Ross, Rank, Russell, Smith, H. G., Smith, Henry W., Stanton, Turrell, Van Reed, Wetherill, J. M. and Woodward-43. So the first division of the resolution was agreed to. ABSENT Messrs. Ainey, Andrews, Armstrong, Bannan, Bardsley, Bartholomew, Beebe, Black, J. S., Broomall, Bullitt, Cassidy, Collins, Curtin, Davis, Duaning, Funck, Gibson, Green, Harvey, Hazzard, Heverin, Horton, Landis, Long, M'Camant, M'Murray, Metzger, Mitchell, Palmer, H. W., Parsons, Pughe, Rooke, Sharpe, Smith, Wm. H., Stewart, White, J. W. F., Wright and Meredith, President-38. The PRESIDENT pro tem. The second division is now before the Convention. Mr. MACCONNELL. I raise the point of order that the second division has been agreed to. The PRESIDENT pro tem. The Chair cannot so decide. The resolution was amended and constituted a whole. Any member had a right to ask for a division. It has been asked and the division has been had. One portion of the resolution has been agreed to, and the remainder is to be voted upon. Mr. CUYLER. Let it be read. The CLERK read as follows: "And hereafter the Convention will hold two sessions daily, except Sundays, from nine A. M. to two P. M. and from three and one-half P. M. to seven P. M. Mr. DALLAS. I inquire whether it is in order to offer an amendment to the second division? The PRESIDENT pro tem. It is not. Mr. DALLAS. Then I shall feel compelled to vote against it. On the question of agreeing to the second division, the yeas and nays were required by Mr. Turrell and Mr. Niles, and were as follow, viz: YEAS. Messrs. Achenbach, Baer, Baily, (Perry,) Bailey, (Huntingdon,) Barclay, Bardsley, Biddle, Bowman, Boyd, Brown, Calvin, Campbell, Carey, Carter, Church, Corbett, Corson, Curry, Davis, De France, Dodd, Edwards, Elliott, Fell, Finney, Fulton, Hall, Hay, Hemphill, Kaine, Lawrence, Lear, Littleton, MacConnell, MacVeagh, M'Clean, M'Culloch, M'Murray, Mantor, Minor, Mott, Newlin, Niles, Palmer, G. W., Patterson, D. W., Patterson, T. H. B., Patton, Porter, Purman, Purviance, John N., Purviance, Samuel A., Reed, Andrew, Reynolds, Russell, Smith, H. G., Stanton, Struthers, Turrell, Wetherill, Jno. Price, Wherry, White, Harry and Worrell-62. NAYS. Messrs. Addicks, Alricks, Baker, Bigler, Black, Charles A., Brodhead, Buckalew, Clark, Cochran, Craig, Cuyler, Dallas, Darlington, Ellis, Ewing, Gilpin, Guthrie, Hanna, Howard, Hunsicker, Knight, Lamberton, Lilly, Mann, Read, John R., Ross, Runk, Simpson, Smith, Henry W., Van Reed, Walker, Wetherill, J. M., White, David N. and Woodward— 34. So the question was determined in the affirmative. ABSENT. Messrs. Ainey, Andrews, Armstrong, Bannan, Bartholomew, Beebe, Black, J. S., Broomall, Bullitt, Cassidy, Collins, Cronmiller, Curtin, Dunning, Funck, Gibson, Green, Harvey, Hazzard, Heverin, Horton, Landis, Long, M'Camant, Metzger, Mitchell, Palmer, H. W., Parsons, Pughe, Rooke, Sharpe, Smith, Wm. H., Stewart, Temple, White, J. W. F., Wright and Meredith, President-37. The PRESIDENT pro tem. Both branches of the resolution are agreed to. THE LEGISLATURE. Mr. LITTLETON. I move that we proceed to the consideration on second reading of the article reported from the committee of the whole on the Legislature. The motion was agreed to, and the Convention resumed the consideration on seoond reading of the article on the Legislature. The PRESIDENT pro tem. The pending ratios or less are to have representation amendment will be read. The CLERK read the amendment of Mr. J. Price Wetherill, to insert the following as section 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 representation in the House of Representatives. Every county shall be entitled to one Representative, unless its population is less than threefifths 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. BIGLER. I move to strike out the amendment and insert the following: "The ratio for a member of the House of Representatives shall be the one hundred and fiftieth part of the entire population of the State, according to the enumeration thereof in the latest Federal census. Counties containing each a population of five ratios or less shall be districts, and entitled to representation according to population, except that no district shall have less than one member. Any district having an excess of population equal to three-fifths of a ratio over one or more ratios shall be entitled to an additional member. Counties or cities having a population exceeding five ratios shall be divided into compact single or double districts, as nearly equal in population as practicable, with representation accordingly. An excess of population in any city or county equal to three-fifths of a ratio shall entitle such city or county to an additional member. Counties here after erected shall be entitled to one member each." The PRESIDENT pro tem. The question is on the amendment to the amendment. Mr. BIGLER. Mr. President: As briefly as possible I will state the effect of the amendment I have moved. In the first place it makes each county a district, except Luzerne, Allegheny and Philadelphia, and all the counties containing five according to population. That leaves out only the counties of Luzerne, Allegheny and Philadelphla, with the exception that each county shall have at least one member. I came to this ground reluctantly, but I came to it because it seems to be the sense of this Convention; and when we look at those counties-there are but few of them-and allow them representation on the basis of a fractional ratio of three-fifths, it leaves but about four and a half members to contend about. In view of their organization and of the large territory they embody, and future improvement, I have felt like conceding that point. Then the proposition provides for county representation. This was the point to which I objected in the plan of my friend from Allegheny, (Mr. D. N. White,) which divided the agricultural counties of the State having two, three or five ratios of population. They were to be divided into an equal number of districts. Under this plan the counties will have the number of members to which their population entitles them, with the right to an additional member in any county where there may be a fraction of three-fifths of a ratio. As to the counties of Allegheny, Philadelphia and Luzerne, it is provided that they shall be divided into compact single or double districts, and have representation accordingly. The whole of it is exceedingly simple, and so far as I can see will be about as near justice to all sections of the Commonwealth as we can attain. I can see no ground on which the city of Philadelphia can complain, except making con cessions to the few small counties. She will keep her full representation on the ratio of one hundred and fifty members, which is the basis in the House of Representatives. It may vary and it will vary slightly from that. Now, sir, it is obvious that without some concessions of opinion we shall not get together. I think our friends from the city ought to be satisfied with a proposition so liberal to them as the one which I offer. I have yielded— Mr. BOYD. Allow me to ask a question. How many members will Philadelphia get by this? Mr. BIGLER. I think by this proposition about twenty-five or twenty-six members. Now, Mr. President, with this brief explanation I hope the amendment will be adopted. |