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Mr. MANN. The reason why I desire them printed is that members can see what they are-whether they will have them continued. They are the rules adopted by the Convention of 1837.

tion of 1837, until otherwise ordered, be adopted for the government of this Convention, and that two hundred copies of the same be printed for the use of the members.

So far as appli

The resolution, as modified, was then read, as follows:

Resolved, That the rules of the Conven

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Mr. HARRY WHITE. cable.

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Mr. DALLAS. I move to amend, by adding the following: "But so much of said rules as refer to the appointment of standing committees shall not be included as part of the rules of this Convention."

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Mr. CUYLER. Mr. President: Would it not be better for us to adopt the rules of order of the Senate of Pennsylvania, leaving the rules for future consideration? Is

Mr. HOPKINS. I accept that, also, as a it not premature at this time to discuss the modification of my resolution. organization of committees? All we want now is the laws of parliamentary practiec. Mr. MACVEAGH. Mr. President: I concur most cordially in that view, with the

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exception that I do not see the necessity little interest in its proper disposition. I for the adoption of any rules. The com-, do not represent that district in any part, mon law of parliamentary bodies, as ad- but represent the State at large. I hapministered by the Chair, is sufficient until pen, however, to reside there, and I am we have a committee to present rules. I extremely anxious that whatever is done submit that it is entirely unnecessary to by this Convention in that matter shall be adopt the rules of the House or Senate, or done with due deliberation. Neither of of the old Convention, but simply to rely these gentlemen are personal intimate upon the common law of deliberative as- friends of mine. The result is of no consemblies, as administered by the Chair, sequence to me, but it is of consequence until a committee can consider the matter to every member of this Convention, and and present a carefully digested report; it is of consequence to the people. of that and I trust, therefore, that the motion as district that this question should be very amended will be voted down, and that we carefully considered before it is decided. will proceed with the organization. The motion to refer this to a committee of five, if carried, will result probably in a divided committee as to its political complexion.

The amendment to the amendment (offered by Mr. White (Indiana) was then read, as follows:

"And the Chair shall appoint a committee of seven to report to the Convention rules for the government of its proceedings."

Mr. BOYD moved that the whole subject be laid on the table for the present. The motion was agreed to.

Mr. DALLAS. If I am in error I ask pardon. The law under which we are organized provides that in the case of a vacancy in a district, the vacancy shall be filled by the delegates at large who were voted for by the same class of voters who

APPOINTMENT OF CHIEF CLERK.

Mr. HARRY WHITE offered the follow- voted for the person whose resignation or ing resolution, which was read: death has made a vacancy.

Resolved, That D. L. Imbrie, Esq., be and is hereby declared to be the Chief Clerk of this Convention.

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The PRESIDENT remarked that reference to the political predilections of members was not in order.

Mr. DALLAS. Mr. President: I happen to reside in the same district in which this question arises, and therefore have some

It is clear that one or the other of the gentlemen named has been elected. I do not suppose there is a vacancy. I think there is no doubt about the class of voters

who voted for these gentlemen, and I move to amend the resolution so that the question be referred to the fourteen delegate*

at large who were chosen to this Convention by the minority party of the

State.

Mr. SIMPSON. It is a matter in which I have no personal interest, except as a matter of right. I accept the amendment. I am requested by some members to say that the two gentlemen between whom the seat is in controversy are of the same political party as the delegates to whom it is proposed to refer this question.

Mr. MACVEAGH. Mr. President: If in order, I would state, in reference to this subject, that I am entirely unable to understand how the eighth section is to be applied.

The PRESIDENT. The resolution, as modified, has not been read.

The resolution, as modified, was read, as follows:

Resolved, That the delegates at large last named in the Governor's proclamation be appointed to inquire into and report to this Convention, whether R. E. Shapley

or Benjamin L. Temple is entitled to the seat in the Convention from the Third Senatorial district.

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Mr. MACVEAGH. Mr. President: It occurred to me to ask whether the gentleman from Philadelphia had any definite understanding how we were to apply the eighth section of the act to this case. cannot understand how I am to know who voted for Mr. Temple or for Mr. Shapley, and especially how I am to know that the same people voted for Mr. Dallas that voted either for Mr. Temple or Mr. Shapley. I know nothing of who voted for any of them. Possibly the President does. I am sure I am not in a condition to vote upon it, unless I accept the statement of somebody else. We have been sworn to discharge these duties. I have no desire to make captious opposition, or to interfere in any way in this matter; but here is a section that says, that "those members at large of the Convention who shall have been voted for by the same, or by a majority of the voters who shall have voted for such district or city member, shall fill such vacancy.' "While it is the merest surmise, if it is even a surmise, as to who voted for these men, we are asked upon our oaths to assume the fact; and as the gentleman from Philadelphia (Mr. Dallas) seems to have information, I thought perhaps he would give it. I do not know as anybody else has the same trouble that I have; but unless somebody will show that Mr. Temple and the other gentlemen were voted for by the same people, or a majority of the same people who voted for the delegates that were elected upon the ticket with Mr. Dallas, I do not see why this

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matter should be referred to them.

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Mr. DALLAS. Mr. President: I have no desire to waste the time of the Convention unnecessarily over a matter of this kind, but I cannot hesitate to reply to the gentleman's call for information. I did not say that we were within the letter of that provision of the eighth section of the act of Assembly, because I distinctly stated my belief to be that we have no vacancy in that district. I do not suppose there is a vacancy. But I suppose the spirit of that section was this, that in case any seat that should be filled is vacant-that is, if any district entitled to three, has but two delegates-then in that case the same voters who, under the spirit of the law, would be entitled to fill that vacancy, are entitled to have it filled by the delegates at arge whom they voted for.

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the standing hour of meeting until otherwise ordered.

The PRESIDENT. That motion will have to be divided. The motion to adjourn is a simple motion, and nothing can be at

The yeas and nays were required by Mr. D. N. White and Mr. Stanton, and were as follows, viz:

tached to it.

Mr. KAINE. I move, then, that when the Convention adjourns, it adjourns to meet to-morrow morning at ten o'clock. The motion of Mr. Kaine was not agreed

to.

Mr. COCHRAN. I hope that resolution will not be pressed to an immediate vote, but that time will be taken to consider it before action is taken upon it. I think this body is not prepared to decide that question now, and without discussing it, or indicating my own personal views upon the subject. I move that the further consideration of the resolution be postponed for the present.

On the question of agreeing to the motion of Mr. Cochran, the yeas and nays were called. ·

Mr. KAINE. I understand the question is upon the motion to postpone the resclution for the present, offered by the gentleman on my left.

The PRESIDENT. Discussion is not in order. Nothing is in order but to take the vote.

I move

to

The PRESIDENT. A resolution is already before the House. The resolution will now be again read.

Mr. WHITE, (Indiana.) amend, by making the motion to postpone indefinite, for the purpose of bringing the matter before the House for discussion. The PRESIDENT. Nothing is in order but to take the vote.

The resolution of Mr. Bartholomew was read by the Clerk.

On the question,

Mr. WOODWARD. I would inquire of the mover of this resolution what he means Will the Convention agree to the motion by "permanent sessions" of this Convenof Mr. Cochran ? tion? When are these "permanent sesWhat does he sions" to commence? mean by that expression? Does he mean that we are to take our hats and coats now and march to Philadelphia, or does he mean that we are to remove there at some future time? The only defining words are "permanent sessions." This session is just as permanent as any we are to have. I hope the gentleman will inform us what he means by that resolution.

YEAS.

Messrs. Armstrong, Alricks, Achenbach, Baer, Baily, (Perry,) Black, (Greene,) Curtin, Cochran, Craig, Cronmiller, Darlington, DeFrance, Elliott, Freeze, Fulton, Funck, Hall, Hazzard, Hopkins, Howard, Kaine, Lamberton, Lawrence, Landis, M'Allister, M'Clean, M'Culloch, MacVeagh, Mann, Mantor, Metzger, Minor, Mott, Niles, Purman, Patterson, (Allegheny,) Patterson, (Lancaster,) Porter, Purviance, (Allegheny,) Purviance, (Butler,) Reynolds, James L., Reed, (Mifflin,) Rooke, Runk, Russell, Smith, (Berks,) Smith, (Lancaster,) Struthers, VanReed, Walker, White, (Indiana,) White, David N., Wherry and White, J. W. F.—54.

NAYS.

Messrs. Ainey, Andrews, Bartholomew, Black, (York,) Bailey, (Huntingdon,) Baker, Bannan, Bardsley, Beebe, Biddle, Bowman, Boyd, Brodhead, Broomal', Brown, Barclay, Campbell, Corbett, Carey, Carter, Cassidy, Church, Clark, Collins, Corson, Curry, Cuyler, Davis, Dimmick, Dodd, Dallas, Dunning, Ellis, Edwards, Ewing, Fell, Finney, Gowen, Gilpin, Guthrie, Hanna, Harvey, Hay, Hemphill, Heverin, Horton, Hunsicker, Knight, Lilly, Lear, Littleton, Long, M'Camant, M'Connell, M'Murray, Newlin, Palmer, H. W., Palmer, G. W., Parsons, Patton, Pughe, Reynolds, S. H., Read, (Philadelphia,) Rhone, Ross, Smith, '(Allegheny,) Sharpe, Simpson, Stanton, Stewart, Turrell, Woodward, Wetherill, (Philadelphia,) Wetherill, (Schuylkill,) Worrell and Meredith, President.-77.

So the question was determined in the negative.

The question then recurred on agreeing to the resolution of Mr. Bartholomew.

Mr. HOPKINS. I move that this Con

vention do now adjourn.

The motion was not agreed to:

Mr. WHITE, (Indiana.) I offer the following resolution upon this subject.

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I wish to say that at the proper time I shall be decidedly in favor of adjourning this Convention to meet in Philadelphia. But I shall not be in favor of such an adjournment until the Convention shall have appointed one or several committees for the purpose of preparing amendments for our future action. Those committees will need considerable time in preparing the amendments they will probably submit. Meanwhile, the Convention will have no

thing to do.

If the Convention should take that course, which it seems likely to do, I should move that, after appointing one or more committees to refer to the questions of amendment to the Constitution, this body should adjourn to meet after the holidays in the city of Philadelphia, in such hall as the Councils might provide for it. That, sir, would be a definite time for meeting in Philadelphia, for when the next session is held after adjournment it would be held there. But to adopt Horton, Hunsicker, Knight, Lilly, Lear, this resolution in its present praseology is Littleton, Long, M'Camant, Newlin, Purto resolve what I confess, for one, I cannot man, Palmer, H. W., Palmer, G. W., Parcomprehend. If the gentleman means sons, Patton, Pughe, Reynolds, S. H., that we are now, instanter, to transfer the Read, (Philadelphia,) Rhone, Ross, Runk, sessions of this body to Philadelphia, I Smith, (Allegheny,) Simpson, Stanton, am opposed to the resolution. But, if it Struthers, Turrell, Wetherill, (Philadelbe that after our work is apportioned to phia,) Wetherill, (Schuylkill,) Worrell appropriate committees this body is to ad- and Meredith, President—73. journ to Philadelphia, I shall support the resolution with great pleasure.

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YEAS.

Messrs. Alricks, Baer, Black, (York,) Baily, (Perry,) Black, (Greene,) Bowman, Church, Cochran, Cronmiller, Dimmick, Dodd, De France, Elliott, Finney, Freeze, Fulton, Funck, Hall, Hazzard, Hopkins, Howard, Kaine, Lamberton, Lawrence, Landis, M'Allister, M'Clean, M'Connell, M'Culloch, M’Murray, MacVeagh, Mann, Mantor, Metzger, Minor, Mott, Niles, Patterson, (Allegheny,) Patterson, (Lancaster,) Porter, Purviance, (Allegheny,) Purviance, (Butler,) Reynolds, James L., Reed, (Mifflin,) Rooke, Russell, Sharpe, Smith, (Berks,) Smith, (Lancaster,) Stewart, Walker, White, (Indiana,) White, David N., Woodward, Wherry and White, J. W. F.-56.

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NAYS.

Messrs. Armstrong, Ainey, Andrews, Addicks, Achenbach, Bartholomew, Bailey, (Huntingdon,) Baker, Bannan, Bardsley, Beebe, Biddle, Boyd, Brodhead, Brown, Broomall, Barclay, Curtin, Campbell, Corbett, Carey, Carter, Cassidy, Clark, Collins, Corson, Craig, Curry, Cuyler, Davis, Dallas, Darlington, Dunning, Ellis, Edwards, Ewing, Fell, Gowen, Gilpin, Guthrie, Hanna, Harvey, Hay, Hemphill, Heverin,

So the question was determined in the negative.

The question recurred on agreeing to the resolution of Mr. Bartholomew.

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I desire simply to say in reference to, and in elucidation of what Judge Woodward stated partially, that whatever be the will of the Convention it will undoubtedly be carried out, and that in as brief a time as possible. Just now it is utterly impossible, as it seems to me, and I know many other members think.the same way, to decide this matter without some further organization of the Convention, and without some further distribution of its labors,. and until we have an outline of what we are to do, and possibly until we may adjourn a short time. Certainly next week all that will be ascertained. The amendment fixes a definite time, and within a very brief time for the full consideration of the matter, when the Convention will be in possession of very much fuller information of the probable duration of its sessions, and of the probability of its early adjournment than it can be now. to me that this resolution decides the matter by "snap" judgment, as it were, for, until we know what course the Convention will take in its business, we are not in a condition to decide upon sitting anywhere. Therefore what is the immediate necessity for fixing a place for the perma

It seems

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