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DEBATES

OF THE

Conbeution to Amend the Constitution.

FIRST DAY

TUESDAY, November 12, 1872. This being the day fixed by the act of the General Assembly, entitled "An act to provide for calling a Convention to amend the Constitution," approved the eleventh day of April, Anno Domini one thousand eight hundred and seventy-two, for the persons chosen as delegates to assemble in Convention, a number of the said delegates, sufficient to constitute a quorum, being present, the Convention was called to order by the Secretary of the Commonwealth, Hon. Francis Jordan, who address ed the Convention as follows:

Gentlemen of the Convention:-The third

section of the act of the General Assembly, approved the eleventh day of April, 1872, and entitled, "An act to provide for calling a Convention to amend the Constitution," imposes upon the Secretary of the Commonwealth the duty of calling the Convention to order at twelve o'clock, at noon, on the second Tuesday of November, 1872, of submitting the official returns of election, and of reading the proclamation of the Governor, declaring the names of the persons chosen as members of the Convention. The day and hour designated by law for these purposes having arrived, I am here to perform the duties imposed.

The other duties required of the Secretary of the Commonwealth by said act of Assembly have been discharged, and report thereof to the Convention will be made immediately after it shall have

chosen a President. In the meantime, I have designated my Chief Clerk, Thomas M'Camant, Jas. L. Selfridge, Clerk of the House of Representatives, and John A. Smull, Resident Clerk of the House of Representatives, as temporary clerks, and A. M. Martin and H. J. Mason as stenographic reporters, to act until the Convention shall supply their places.

The Convention will now please come to order.

These are the official returns of the election made to the Secretary of the Commonwealth, arranged according to coun-ties, and of which the Convention will, from this time forth, have the legal and actual custody.

In accordance with the provisions of the act, I will now read the proclamation of

the Governor.

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of the Commonwealth shall, as soon as the returns of said election shall be received by him, and at all events within fifteen days after the election, in the presence of the Governor and Auditor General, open and compute all the returns received of votes given for members of the Convention; and the Governor shall forthwith issue his proclamation, declaring the names of the persons who have been chosen members of the Convention.”

And whereas, The Secretary of the Commonwealth did, on the twenty-first day of October, A. D. 1872, in the manner provided in the act of the General Assembly aforesaid, open and compute all the returns received of votes given for members of the Convention.

And whereas, It appears by the returns of the general election held on the second Tuesday of October, instant, being the eighth day of said month, that the names of the persons who have been chosen members of the Convention, ar eas follows, viz: Wm. M. Meredith, J. Gillingham Fell, Harry White, William Lilly, Linn Bartholomew, Hugh N. M'Allister, William Davis, James L. Reynolds, Samuel E. Dim. mick, George V. Lawrence, William H. Armstrong, David N. White, William H. Ainey, John H. Walker, George W. Woodward, Jeremiah S. Black, Andrew G. Curtin, William J. Baer, William H. Smith, Franklin B. Gowen, John H. Campbell, Samuel H. Reynolds, James Ellis, Samuel C. T. Dodd, George M. Dallas, Robert A. Lamberton, Andrew A. Purman and Wm. L. Corbett, delegates at large to said Con

vention.

Henry C. Carey, Edward C. Knight, John Price Wetherill, Lewis C. Cassidy, James H. Heverin and Theodore Cuyler, delegates at large from the city of Philadelphia.

From the First Senatorial district, in the

jority of two hundred and forty-one over R. E. Shapley, and hence I am unable to proclaim or declare either of these two persons elected.

From the Fourth, Senatorial district, in the city of Philadelphia, William D. Baker, J. Alexander Simpson and Edward R. Worrell.

From the Fifth Senatorial district, composed of the counties of Chester and Delaware, John M. Broomall, William Darlington and Joseph Hemphill.

From the Sixth Senatorial district, composed of the county of Montgomery, James Boyd, Charles Hunsicker and George N. Corson.

From the Seventh Senatorial district, composed of the counties of Bucks and Northampton, Charles Brodhead, George Ross and George Lear.

From the Eighth Senatorial district, composed of the county of Berks, George G. Barclay, Henry W. Smith and Henry Van Reed.

From the Ninth Senatorial district, com-posed of the county of Lancaster, David W. Patterson, Henry Carter and Henry G. Smith.

From the Tenth Senatorial district, composed of the county of Schuylkill, Joel B. M'Camant, John M. Wetherill and Thomas R. Bannan.

From the Eleventh Senatorial district, composed of the counties of Lehigh and Carbon, Charles M. Runk, Zachariah Long, and Edward Harvey.

From the Twelfth Senatorial district, composed of the counties of Dauphin and Lebanon, Josiah Funck, Wayne. Mac Veagh and Hamilton Alricks.

From the Thirteenth Senatorial district,, composed of the counties of Luzerne, Monroe and Pike, Henry S. Mott, Gideon W.. Palmer, Abraham B. Dunning, Daniel L.

Pughe.

city of Philadelphia, John Bardsley, Jas Rhone, Henry W. Palmer and Lewis W. M. Newlin and George W. Biddle. From the Second Senatorial district, in the city of Philadelphia, John E. Addicks,

William B. Hanna and John R. Read.

From the Third Senatorial district, in the city of Philadelphia, M. Hall Stanton and William E. Littleton; and in this district the official return made to the Secretary of the Commonwealth by the return judges shows the election of R. E. Shapley, by a majority of two hundred and for. ty-one, over Benjamin L. Temple, whilst the certified copy of the returns, filed in the office of the prothonotary, shows the election of Benjamin L. Temple, by a ma

From the Fourteenth Senatorial district,

composed of the counties of Bradford, Susquehanna, Wayne and Wyoming, George F. Horten, William J. Turrell and Joseph.

G. Patton.

From the Fifteenth Senatorial district, composed of the counties of Columbia, Ly -coming, Montour and Sullivan, John J. Metzger, John. G. Freeze and Henry C. Parsons.

From the Sixteenth Senatorial district, composed of the counties of Cameron, M”Kean, Potter and Tioga, John S. Mann, Jerome B. Niles and Mortimer F. Elliott

From the Seventeeth Senatorial distric, composed of the counties of Snyder, Perry, Northumberland and Union, Joseph Baily, Levi Rooke and John P. Cronmiller. From the Eighteenth Senatorial district, composed of the counties of Clinton, Cambria, Clearfield and Elk, George Achenbach, John G. Hall and Ashel C. Finney. From the Nineteenth Senatorial district, composed of the counties of Cumberland and Franklin, Samuel M. Wherry, J. M'Dowell Sharpe and John Stewart.

From the Twentieth Senatorial district, composed of the counties of Adams and York, William M'Clean, John Gibson and Thomas E. Cochran.

From the Twenty-first Senatorial district, composed of the counties of Bedford, Fulton, Blair and Somerset, Samuel L. Russell, James W. Curry and Augustus S. Landis.

From the Twenty-second Senatorial district, composed of the counties of Centre, Juniata, Mifflin and Huntingdon, John M. Bailey, Andrew Reed and John M'Culloch.

From the Twenty-third Senatorial district, composed of the county of Allegheny, Thomas MacConnell, Samuel A. Purviance, Thomas Ewing, John W. F. White, Matthew Edwards, Thomas Howard Malcolm Hay, John B. Guthrie and Thomas H. B. Patterson.

From the Twenty-fourth Senatorial district, composed of the counties of Indiana and Westmoreland, Daniel S. Porter, Andrew M. Fulton and Silas M. Clark.

From the Twenty-fifth Senatorial district, composed of the counties of Fayette and Greene, Daniel Kane, Charles A. 'Black and John Collins.

From the Twenty-sixth Senatorial district, composed of the counties of Beaver, Butler and Washington, John N. Purviance, Thomas R. Hazzard and William Hopkins.

From the Twenty-seventh Senatorial district, composed of the counties of Clarion, Armstrong, Jefferson and Forest, George W. Andrews, John M'Murray and John Gilpin.

From the Twenty-eighth Senatorial district, composed of the counties of Lawrence, Mercer and Venango, David Craig, Manly C. Beebe and Robert M. DeFrance, From the Twenty-ninth Senatorial district, composed of the county of Crawford, Frank Mantor, Samuel Minor and Pearson Church.

From the Thirtieth Senatorial district, composed of the counties of Erie and War

ren, Thomas Struthers, Charles O. Bowman and Rasselas Brown.

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Now, therefore, I, JOHN W. GEARY, Governor as aforesaid, have issued this my proclamation, hereby publishing and declaring that the persons herein before named have been returned as duly elected' delegates from the State at large, delegates at large from the city of Philadelphia, and as delegates from the different Senatorial districts of the State as herein before recited, and are the names of the persons who have been chosen members of the Convention, to assemble in the hall of the House of Representatives, at the State Capitol, in Harrisburg, on the second Tuesday, being the twelfth day of November, A. D. 1872, at twelve o'clock M., on that day, to revise and amend the Constitution of this State, in accordance with the provisions of the aforesaid act of the General Assembly of this Commonwealth. Given under my hand and the Great Seal of the State, at Harrisburg, this twentysecond day of October, in the year of our Lord one thousand eight hundred and seventy-two, and of the Commonwealth the ninety-seventh.

JNO. W. GEARY.

BY THE GOVERNOR :

FRANCIS JORDAN,

Secretary of the Commonwealth. The SECRETARY OF THE COMMONWEALTH. The next thing in order, I suppose, will be the calling of the roll, to ascertain whether or not these persons are present, or how many of them. The Clerk will please call the roll.

The Clerk then called the roll, and the following named members answered to their names:

DELEGATES AT LARGE IN THE STATE.William H. Ainey, William H. Armstrong, William J. Baer, Linn Bartholomew, Jeremiah S. Black, John H. Campbell, William L. Corbett, Andrew G. Curtin, George M. Dallas, William Davis, Samuel E. Dimmick, Samuel C. T. Dodd, James Ellis, J. Gillingham Fell, Franklin B. Gowen, Robert A. Lamberton, George V. Lawrence, William Lilly, Hugh N. M'Allister, William M. Meredith, Andrew A. Purman, James L. Reynolds, Samuel H. Reynolds, William H. Smith, John H. Walker, David N. White, Harry White and George W. Woodward.

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DISTRICT DELEGATES.-John E. Addicks, Hamilton Alricks, George W. Andrews, George A. Achenbach, John M. Bailey, (Huntingdon,) Joseph Baily, (Perry,) William D. Baker, Thomas R. Bannan, George G. Barclay, John Bardsley, Manly C. Beebe, George W. Biddle, Charles A. Black, Charles O. Bowman, James Boyd, Charles Brodhead, John M. Broomall, Rasselas Brown, Henry Carter, Pearson Church, Silas M. Clark, Thomas E. Cochran, John Collins, George N. Corson, David Craig, John P. Cronmiller, James W. Curry, William Darlington, Robt. M. De France, Abraham B. Dunning, Matthew Edwards, Mortimer F. Elliott, Thomas Ewing, Ashel C. Finney, John G. Freeze, Andrew M. Fulton, Josiah Funck, John Gilpin, Jno. B. Guthrie, Jno. G. Hall, Wm. B. Hanna, Edward Harvey, Malcolm Hay, Thos. R. Hazzard, Joseph Hemphill, Wm. Hopkins, George F. Horton, Thomas Howard, Charles Hunsicker, Daniel Kaine, Augustus S. Landis, George Lear, William E. Littleton, Zachariah Long, Joel B. M'Camant, William M'Clean, Thomas, MacConnell, John M'Culloch, John M'Murray, Wayne MacVeagh, John S. Mann, Frank Mantor, John J. Metzger, Samuel Minor, Henry S. Mott, James W. M. Newlin, Jerome B. Niles, Gideon W. Palmer, Henry W. Palmer, Henry C. Parsons, David W. Patterson, Thomas H. B. Patterson, Joseph G. Patton, Daniel S. Porter, Lewis Pughe, John N. Purviance, Samuel A. Purviance, John R. Read, Andrew Reed, Daniel L. Rhone, Levi Rooke, Geo. Ross, Charles M. Runk, Samuel L. Russell, J. M'Dowell Sharpe, J. Alexander Simpson, Henry G. Smith, Henry W. Smith, M. Hall Stanton, John Stewart, Thomas Struthers, William J. Turrell, Henry Van Reed, John M. Wetherill, Samuel M. Wherry, John W. F. White and Edward R. Worrell.

presence, recognizing Thy presence, and humbly and gratefully make mention of Thy goodness and mercy, which have followed us all the days of our lives, even to this hour. We seek divine wisdom and divine guidance in the opening of the sessions of this Convention, praying that the Lord, in his infinite mercy, will be pleased to preside over the deliberation of this body. Be pleased to grant successful results to its deliberation, so that the best interests of this Commonwealth, and the greatest good to the greatest number of our citizens may thereby be secured. Except the Lord build the house, they labor in vain that built it; except the Lord keep the city, the watchman waketh, but in vain. So we gratefully and devoutly recognize our need of Thy guidance and of Thy aid, which Thou, the Father of our mercies, the Ruler of this universe, art pleased to give, and doth give, in answer to prayer. Be pleased, therefore, we beseech of Thee, to guide in the choice of the officers of this Convention; be pleased to guide in the rules which they may adopt; be pleased to guide in all that comes before them for decision, so that Thy name may be honored, and so that the interests of truth, and justice, and peace may be secured. These blessings we ask in the name of our divine Lord and Savior, Jesus Christ, who hath taught us to pray, Our Father which art in Heaven, hallowed be Thy name; Thy kingdom come, Thy will be done on earth as it is in Heaven. Give us this day our daily bread, and forgive us our debts as we forgive our debtors, and lead us not into temptation, but deliver us from evil, for Thine is the Kingdom, and the power and the glory forever: Amen.

ELECTION OF PRESIDENT.

Mr. DARLINGTON. Mr. Chairman: I John Gibson, of the Twentieth Senato- presume, sir, the next business in order rial district, was absent. will be the election of officers for the Convention.

WEALTH.

The SECRETARY OF THE COMMONIn conformity with precedent, and in recognition of the fact that this is a christian Commonwealth, it is deemed proper the Convention should be opened with prayer.

PRAYER.

Prayer was then offered by Rev. Dr. A. K. Strong, pastor of the Pine street Presbyterian church, of Harrisburg, as follows: Almighty and all merciful God, in whom we live and move, and have our being, we bow ourselves in Thy most holy

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the gentleman from Chester, which I now do, for the Hon. Wm. M. Meredith to be called to preside over the deliberations of this Convention.

The SECRETARY OF THE COMMONWEALTH. - Mr. Meredith has been nominated, and the nomination seconded, for President of this Convention. Are there any other nominations? If not, the Clerk will proceed with the calling of the roll.

Mr. HAY. There having been no other nominations for the office of President of this Convention, I move that the calling of the roll be dispensed with, and that Mr. Meredith be elected unanimously.

The motion was unanimously carried. Mr. MACVEAGH. Mr. Secretary: In remembrance of the labors of our predecessors last assembled for the same purpose for which we are gathered here, I move you that two of the surviving members of that Convention, Mr. Woodward, of Philadelphia, and Mr. Darlington, of Chester, be requested to conduct Mr. Meredith, the President elect, to the Chair.

The motion was unanimously carried. The SECRETARY OF THE COMMONWEALTH. Mr. Woodward and Mr. Dar. lington will please perform the duty assign

ed them.

The President elect, Wm. M. Meredith, of Philadelphia, was then conducted to the Chair by George W. Woodward, of Philadelphia, and William Darlington, of Chester. Upon taking the Chair, the President addressed the Convention as follows:

Gentlemen: You have my hearty thanks for this mark of your confidence. I bespeak and shall need your kind aid in the discharge of my duty, and shall desire your forbearing consideration if I should fall, unintentionally into error. The Convention will come to order.

OATH ADMINISTERED TO THE PRESIDENT AND MEMBERS.

Mr. KAINE offered the following resolution, which was twice read and adopted: Resolved, That the following oath be administered by the Secretary of the Commonwealth to the President and members of this Convention:

"You do swear (or affirm) that you will support the Constitution of the United States, and discharge your duties as a member of this Convention with fidelity." The Secretary of the Commonwealth then administered the above oath to the President of the Convention.

Mr. HARRY WHITE. Mr. President: For the purpose of expediting the business of

swearing in the members, I suggest—I do not make a motion-but I suggest that the Clerk call the roll, commencing alphabetically at the head, and call as many as can conveniently stand around the Clerk's desk, and then let the Secretary of the Commonwealth administer to them the oath. When they are through let them retire, and another class come up.

Mr. KAINE. Mr. President: There is some difficulty in that suggestion. I think the usual manner of swearing the members of the Legislature here is to first call those who swear by the uplifted hand, and those who swear by the book, and then those who affirm. In calling the names alphabetically, as suggested by the gentleman from Indiana, members may assemble to be sworn in the respective ways named, either to affirm or swear by the uplifted hand, or the book. I would suggest that the members who swear by the book be first called, and then those who swear by the uplifted hand, and then those who affirm.

The PRESIDENT. The plan the Chair has adopted, and the one that will be pursued, unless otherwise ordered, is to call, first, those who swear by the book; second, those who swear by the uplifted hand; and third, those who affirm. A slight delay has been occasioned by the unfortunate fact that bibles are not, it seems, very common here, and it was necessary to send out to get some. [Laughter.]

of the roll, and those who swore by the The President then directed the calling book came forward, and the following oath was administered to them:

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"You and each of you do severally swear that you will support the Constitution of the United States, and that you will perform your duties as Delegates to this Convention with fidelity, so help you God."

Those who swore by the uplifted hand then came forward, and the following cath was administered to them:

"You and each of you do swear by Almighty God, the searcher of all hearts, that you will support the Constitution of the United States, and that you will per form your duties as members of this Convention with fidelity, and that as you shall answer to God at the great day.”

Those who affirmed then came forward, and were qualified as follows:

"You and each of you do solemnly, sincerely and truthfully declare and affirm that you will support the Constitution of

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