en out and that it will be left optional with the Legislature to do so. My own desire would be to have a separate probate court, which should supercede the register of wills entirely in certain counties; but that was rejected in committee of the whole, and we were cut down to this provision, which is all that is left for us. I hope the Convention will not go to work now and deprive us of a provision which may be very material and useful to some counties of the State.

Mr. ARMSTRONG. I concur entirely with the remarks of the gentleman from York.

The amendment was rejected. Mr. J. M. BAILEY. I have a couple of amendments to suggest, which I think will meet the unanimous consent of the Convention. They are to strike out in the twelfth and thirteenth lines the words, "to be compensated by a fixed salary to be ascertained by law, and shall." We have already provided that the register of wills shall be a county officer, and that all county officers shall be paid a fixed salary, to be ascertained by law. This is, therefore, entirely unnecessary in this section. I think we shall all agree that our Constitution will be quite long enough without having any of it repeated.

Mr. ARMSTRONG. We had better leave all that to the Committee on Revision and Adjustment, and if they find it unnecessary or incongruous they can strike it out.

On the question of agreeing to the amendment proposed by Mr. J. M. Bailey a division was called for, which resulted thirty-three in the affirmative. This not being a majority of a quorum, the amendment was rejected.

Mr. HANNA. I now move to amend by striking out all after the word "court," in the fourth line, down to and including the word "determine," in the twelfth line, and I will state my reasons for the amendment. It appears by this section that it becomes an imperative duty on the Legislature to impose upon every city and county having a population of over 150,000 a separate orphans' court. I submit that there is no necessity for including such a proposition as this in the Constitution. It gives us in the city of Philadelphia a separate orphans' court. For this there is no necessity whatever. At present the judges of the court of common pleas perform that duty. We have now five judges of the court of common

pleas, and under this amended Constitution it has been provided that the city of Philadelphia shall have twelve judges of the court of common pleas. Why cannot these judges perform that duty, and at the same time attend to the business of the orphans' court, that is now performed by five judges? I see no reason why they cannot. Why impose upon the city of Philadelphia the additional expense of a separate orphans' court? There is no reason for it whatever, in my judgment.

Again, if it becomes necessary hereafter, to meet the wants and necessities of the people of Philadelphia, to have a separate orphans' court provided, it can readily be done. The Legislature can afford any relief needed in that direction. By the very first section of this article it says that the Legislature from time to time shall establish such other courts as may be necessary, and certainly that confers all requisite power in the premises. On the contrary, by this section you make it the imperative duty of the Legislature to authorize a separate orphans' court in the city of Philadelphia.

If we pass the section, leaving it optional with the Legislature, by striking out "shall" and inserting "may," I would not object to it, because then if the bar and the community of Philadelphia need the establishment of a separate orphans' court, we can petition the Legislature to that effect and have the court established. But I do trust that this Convention will not adopt this section in its present shape and will not impose this unnecessary expense on the city of Philadelphia, unless such a separate orphans' court is demanded by the people.

As I have remarked, the Convention has thought fit and proper to impose upon the city of Philadelphia a court of common pleas of twelve judges. Certainly they can perform the same duty that the five judges do now. The five judges of the court of common pleas in Philadelphia now not only, to the entire satifaction of the bar and the community, attend to all the business relating to the settlement of decedents' estates, but also to the miscellaneous business of the court of common pleas. And in addition to that these five judges attend to all the criminal business, hold the courts of oyer and terminer and quarter sessions, each judge taking a month about for that purpose. If these five judges can do all this work, can perform all this labor, can

work up our jury lists, our trial lists, our quarter sessions business, our orphans' court business, our road cases, our equity business, our feigned issues and everything else, I take it that twelve judges, out of which you propose to form the court of common pleas, ought to be able to do as much. I submit, as a plain, practical business question, that you should leave this subject optional with the Legislature. Then if the bar of Philadelphia

deem it necessary they can ask the Legislature to establish a separate orphans' court for this city and have it granted to them.

Therefore I make this amendment, and 1 trust that the Convention will not place this section in the form proposed.

The PRESIDENT pro tem. The hour of six o'clock having arrived the Convention stands adjourned until to-morrow at nine o'clock A. M.

THURSDAY, July 3, 1873.

The Convention met at nine o'clock A.

The motion was agreed to.

Mr. HAY. I am requested by Mr. Ew

Prayer by Rev. James W. Curry. The Journal of yesterday's proceedings was read and approved.

PETITIONS AND MEMORIALS.

The PRESIDENT pro tem. presented a communication from the Seventh Day Baptist Association, composed of Seventh Day Baptist churches of Western Pennsylvania and Northern New York, requesting the Convention to take no action in reference to the observance of the Sabbath, which was laid on the table.

LEAVES OF ABSENCE.

Mr. WRIGHT asked and obtained leave of absence for himself for a few days after this morning's session.

Mr. D. W. PATTERSON asked leave of absence for himself for a few days from

to-morrow.

The PRESIDENT pro tem. Will the Convention grant the leave asked by the delegate from Lancaster? ["No." "No."] Leave of absence is not granted.

Mr. MACVEAGH. I shall be obliged to my colleagues if they will listen for one moment to a personal explanation. I am sorry to say that I am advised by competent authority that I ought not to remain here during the month of July. I have had such pleasant relations with everybody in this Convention and have enjoyed my associations here so much that I simply desire to do what my colleagues would wish me to do. If they think that under the circumstances I ought to resign my place I am perfectly willing to do that. ["No." "No."]

few days from to-day.

Leave was granted

Mr. BOYD asked and obtained leave of absence for himself for a few days froin next Monday.

Mr. BEEBE. I ask leave of absence for all the members of this Convention for two months from to-day. [Laughter.] Mr. BARTHOLOMEW. I second that. Mr. BEEBE. I think it is a reasonable request.

The Chair

The PRESIDENT pro tem. declines to entertain the motion. Mr. CURRY asked and obtained leave of absence for himself for a few days from to-day.

Mr. BARTHOLOMEW asked and obtained leave of absence for himself for a few days from to-day.

Mr. BOWMAN asked and obtained leave

of absence for Mr. Brown until next Tuesday.

Mr. H. W. SMITH asked and obtained

leave of absence for himself for a few days from Monday next.

M'ALLISTER MEMORIAL.

Mr. CURTIN. Mr. President: I desire to make a statement. The memorial in honor of our late colleague, Mr. Hugh N. M'Allister, is now prepared for distribution, and I find on looking at it this morning that unfortunately the proceedings of the bar and of the sessions of the church in Bellefonte, to which he belonged, are printed in the book. The family desired to have the proceedings of the Convention enlarged so as to cover the proceedings at their home, and a consideration was fixed with the printers at which they

Mr. CARTER. I move that the gentleman have leave of absence as long as he wants it.

Mr. BIDDLE. I second that motion, and I say in seconding it that I do not believe there is a single voice in this Convention that will not be raised against the gentleman's resignation.

copies for their use; but unfortunately I find that the proceedings of the town meeting in Bellefonte are put in the memorial of this Convention, through an inadvertence of the publisher. I regret it very much indeed, as it is certainly in very bad taste, but it is not the fault of the gentlemen of this Convention who had the control of this publication-I re

fer to the gentleman from Mifflin, (Mr. Andrew Reed,) the gentlemen from Huntingdon, (Mr. J. M. Bailey,) and myself. With that explanation I report to the members that the memorial is now ready for distribution.

Mr. ALRICKS. Allow me to say a word. We called yesterday on the printer, and he said we were not charged with the extra work that was done.

Mr. CURTIN. I am not speaking of the

cost, but of the fact.

PROPOSED RECESS.

delegate from Delaware (Mr. Broomall) to offer a substitute.

Mr. BROOMALL. I offer the following substitute for the resolution:

Resolved, That the Convention shall finish the article on the judiciary to-day and that the session be prolonged if necessary for that purpose.

Second. That the articles in their condition at the close of this day be published

in pamphlet form, and fifty copies thereof be furnished to each delegate for distribution.

Third. That when the Convention ad

Resolved, That when this Convention adjourns to-day, it will be to meet on Monday next at ten o'clock A. M.

Mr. H. G. SMITH. I move to postpone

for the present.

The PRESIDENT pro tem. The question is on the substitute of the gentleman from Delaware:

Mr. CARTER. I do hope that no such proposition as that will prevail. (“Ques

the Convention for one moment.

The PRESIDENT pro tem. The question is, will the Convention proceed to the second reading and consideration of the resolution.

The motion was agreed to, there being on a division ayes thirty-four, noes thirtytwo.

detain the Convention, but I claim the right to speak, and I will be heard.

We will excuse those that are weak in health and let them go; but, sir, if we work with the same persistent energy that we have displayed in the last ten days, in which we have gone over six or eight important articles, we can finish

days. The delay yesterday was occasion

Mr. ARMSTRONG. I desire to make a suggestion to the Convention. We are losing a great deal of time by unnecessary debate and the calling of the yeas and nays on questions of adjournment. Now, I submit to the Convention whether it would not be better to proceed immediately to the consideration of the article on the judiciary, which we can probably finish in two or three hours, and then by unanimous consent take up this question of adjournment and consider it fairly and end the matter, that we may not be disturbed by any waste of time. I believe it would facilitale the business of the Convention and save a great deal of time.

Mr. STEWART. I move to amend by striking out "Monday next" and inserting "the second Tuesday in September next."

The PRESIDENT pro tem. The question is on the amendment of the delegate from Franklin.

Mr. LILLY. I move to postpone the resolution until after we get through with the judiciary article. ["No!" "No!"] I will withdraw that motion to allow the

having been considered in committee of the whole. It had never been discussed. I am satisfied that if we work away as we have done lately, in ten days our work will be done. Now, let the weak and the lame and disorganized be given leave of absence. I am not one of them, and I am only in my seventieth year, and I am perfeetly willing to sit here and work, and we are doing more work and more efficient work each day now than we did in the winter. We have a larger attendance. 1 am sure it is not unhealthy here. In truth, as to my own case, I went to the country on Saturday and Sunday and got sick, and I came back here to get well. We are in one of the coolest buildings in Philadelphia. Some of our members are actually growing obese with the fine living and fine air. [Laughter.] It is all a delusion that we must quit our work now and go home, when we are fairly under way; and I hold that we can finish in the next ten days.

Some gentlemen affect to sneer at the opinions of the press in regard to our staying here and completing our work, but in my experience I have seen that

those men who profess to care least for the opinions of the press really care the most. I consider the press as the exponent of public sentiment. They always reflect the wishes of the people. It is their business to do it. ["Question." "Question."]

I will speak a minute longer. You cannot cry me down. I say that the press does express the sentiments of the people, and its utterances are entitled to our consideration; and, sir, the sentiment of the people is for us to finish our work. I propose to place myself upon record, and we will have a call of the yeas and nays, and show at least those who are willing to shrink from their duty.

Mr. BROOMALL. I only desire to say that my object in offering this amendment is not so much because I want to get away from here during the hot weather as to give the people an opportunity of seeing what we are proposing to do. They are utterly ignorant of what is going on here, and I think the suggestions that would come from the country in the interval would be very valuable. I would be very sorry to see us do something here that we should regret before two or three months had passed by, in our haste to get rid of what is of course an unpleasant job to us. I was going to say that if it is the desire of the Convention I will withdraw the day of meeting named by me, the third Tuesday of October, and leave that blank, to be filled by the Convention if the amendment should be adopted.

Mr. BIGLER. I desire to appeal to the gentleman from Delaware to modify his proposition. 1 rose to object to it earnestly. If we adjourn to the third Tuesday in October, it will be impracticable to submit the amendments so that they may be ratified and applied to the coming Legislature. Now, sir, I think that is the great practical point before us, and no proposition to adjourn should be entertained which will defeat that object. I mean that if a recess is absolutely necessary, it should not go beyond the period at which we could complete our work and have it ratified in November or December, and I shall not, for one, vote for any proposition which puts that object out of the reach of the Convention. The gentleman from Delaware, I believe, has modified his amendment.

I think it of the utmost importance, and it is entirely practicable, that this Convention complete its work and have it adopted or rejected by the people before the meeting of the next Legislature.

Mr. HAY. I ask for a division of the amendment, if it is in order, into three divisions.

Mr. LILLY. You cannot divide a substitute.

The PRESIDENT pro tem. As a substitute, it must be acted upon as a whole and cannot be divided.

Mr. BROOMALL. I desire to ask whether it can be voted upon with the blank day of meeting and the blank filled afterwards?

The PRESIDENT pro tem It can.

Mr. BROOMALL. Then I withdraw the day of meeting, leaving that blank, to be filled afterwards, if it passes.

Mr. LAWRENCE. I move to lay the resolution, with the amendments, on the table.

Mr. CARTER. I second the motion. Mr. LILLY and Mr. BOYD. I call for the yeas and nays.

Mr. Ross. I second the call. The CLERK proceeded to call the roll, and the call having been concluded———

Mr. ARMSTRONG. Irise to a parliamentary inquiry, and that is whether if this motion be carried it will be possible to resume the same question again to-day without a two-thirds vote?

The PRESIDENT pro tem. It will if the proposition offered fixes another day for re-assembling.

Mr. ARMSTRONG. The purpose of my inquiry is this: If, after the article on the judiciary is finished, we can resume the consideration of the question of adjournment, then my vote stands as I have cast it, "yea." If not, I shall vote "nay." I ask of the Chair what would be his decision on that question.

The PRESIDENT pro tem. The Chair thinks it would not be allowable to take up a resolution out of order without a two-thirds vote.

Mr. ARMSTRONG. Then I vote "nay" on this question.

Mr. FUNCK (having voted in the affirmative.) Under the ruling announced by the Chair, I change my vote from yea to nay.

Mr. BIGLER. Very well, sir; then I hope the Convention will vote it down.

vole.

The PRESIDENT pro tem. If the gentleman voted under a misapprehension of