he United States, and perform your duties as members of this Constitutional Convention with fidelity, and so you affirm." COMMUNICATION FROM THE SECRETARY OF THE COMMONWEATH. The President then laid before the Convention a communication from the Secre tary of the Commonwealth, which was read. [See Journal.] RULES FOR THE CONVENTION. Mr. HOPKINS offered the following resolution, which was twice read:. Resolved, That the rules of the House of Representatives of this Commonwealth, so far as applicable, be adopted for the government of this Convention. Mr. DARLINGTON moved to amend, by striking out all after the word “Resolved,” and inserting in lieu thereof the following: "That the Rules of the Convention of 1837, until otherwise ordered, be adopted for the government of this Convention." Mr. MANN. I second that motion. Mr. HOPKINS accepted the amendment. Mr. DARLINGTON. Mr. President: I wish to say merely that those rules were carefully considered and adopted by a committee of the Convention, and then by the whole body, and answered for the government of that Convention. They are much more appropriate, I presume, for the government of this Convention than the rules of the House of Representatives. They are easily accessible in the first volume of the Debates of that Convention. Mr. JNO. PRICE WETHERILL. I hope not. We may not use those rules but a day. 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 Mr. HARRY WHITE. cable. 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." Mr. HOPKINS. I should like to know what it is proposed to strike out. I have the Convention of 1837. never seen the rules, that I remember, of Mr. DALLAS. I see that a member in sent to the Clerk's desk and read for inforfront of me has a copy. I ask that it be mation. Mr. MACVEAGH. They are not long, and I ask that they be all read. The Clerk read that part of the rules of the Convention of 1837, which it was proposed to strike out. Mr. DALLAS. I propose to amend, by striking out all that portion which provides for the appointment and duties of the several standing committees which can have no status here. Mr. CLARK. Mr. President: The rules which have been read, if I am not mistaken, were rules which were reported by a committee, but I am not certain whether they were made the rules of the Convention of 1837. They were subsequently discussed, and, I think, modified. Mr. WHITE, (Indiana.) Mr. President: I believe but one amendment to this resolution is before the Convention. I offer the following as an amendment to the amendment, to come in at the close. The amendment was sent to the Clerk's desk. Mr. HOPKINS. I suppose the pending question is on the amendment offered by the gentleman on my left, (Mr. Dallas,) which is an amendment to the resolution as modified by myself. The gentleman from Indiana (Mr. White) proposes to amend that amendment. 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. The resolution, as modified, was then read, as follows: Resolved, That the rules of the Conven 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 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. APPOINTMENT OF CHIEF CLERK. The PRESIDENT remarked that reference to the political predilections of members was not in order. 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 Mr. HARRY WHITE offered the follow- voted for the person whose resignation or ing resolution, which was read: Resolved, That D. L. Imbrie, Esq., be and is hereby declared to be the Chief Clerk of this Convention. The PRESIDENT. The Convention not having yet come to any order upon the subject of officers, the Chair is in doubt as to whether it is in order to offer such a resolution at this time, and will submit that question to the consideration of the Convention. The decision of the Chair was sustained. CONTESTED SEAT. Mr. SIMPSON. Mr. President: I rise to a question of privilege. The Convention is aware of the fact that the Governor, in his proclamation, has declared the election of but two persons from the Third Senatorial district of Philadelphia, and has declared his inability to say which of two other persons was elected. I offer the following resolution. The resolution was read, as follows: Resolved, That a committee of five be appointed to inquire into and report to this Convention whether R. E. Shapley or Benjamin L. Temple is entitled to a seat in the Convention from the Third Senatorial district. Mr. DALLAS. Mr. President: I happen to reside in the same district in which this question arises, and therefore have some death has made a vacancy. 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. 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. I 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 matter should be referred to them. 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. ! The resolution as modified was then adopted. ADJOURNMENT TO PHILADELPHIA. Mr. LITTLETON. Mr. President: I desire, at this time, to present to the Convention resolutions unanimously adopted by the councils of Philadelphia, asking this Convention to hold its sessions in that city. I present them to the Convention for its action. The resolutions were read as follows: To President of Constitutional Convention of Pennsylvania : SIR-This is to certify that the following is a true and correct copy of the original resolutions approved by his Honor, the Mayor, the twenty-sixth day of October, A. D. 1872, entitled "Resolution in reference to the Constitutional Convention.” Resolved by the Select and Common Councils of the city of Philadelphia, That the Convention to assemble on the second Tuesday of November next to revise the Constitution of this Commonwealth, be and is hereby respectfully and cordially invited to hold its sessions in this city, and a hearty welcome is hereby tendered to its members and officers. Resolved, That upon fifteen days' notice of the intention of said Convention to meet and remain in Philadelphia a suitable hall, properly furnished and arranged, will be provided for the use of the Convention, at the expense of this city. Resolved, That a copy of the foregoing resolutions be delivered to the President of the Convention immediately upon its organization. Attest: JOSEPH H. PAIST, Assistant Clerk Select Council. Mr. BARTHOLOMEW. Mr. President: I desire, in connection with this communication, if it be in order, to offer the following resolution : Resolved, That the invitation of Philadelphia to this Convention to hold its permanent sessions in that city, be accepted, and that its councils be forthwith notified hereof, and that the "permanent sessions" of the Convention will be held in such hall in that city as its authorities may provide for the purpose. Mr. KAINE. I move that this Convention do now adjourn, to meet to-morrow morning at ten o'clock, and that that be 1 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 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. 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. vention do now adjourn. Mr. HOPKINS. I move that this Con The motion was not agreed to: Mr. WHITE, (Indiana.) I offer the following resolution upon this subject. The PRESIDENT. A resolution is already before the House. The resolution will now be again read. The resolution of Mr. Bartholomew was read by the Clerk. 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 ? The yeas and nays were required by Mr. D. N. White and Mr. Stanton, and were as follows, viz: 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. 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. 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, 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. Mr. ALRICKS. I move to strike out all after the word "resolved," and insert the following: "That when this Convention adjourn, it adjourn to meet in this place to-morrow morning at 10 o'clock." Mr. CUYLER. I would inquire if that amendment is in order-if it is germain to the original resolution. The one provides, for the permanent sittings of the Convention in Philadelphia, and the other for a temporary adjournment. The PRESIDENT. If the gentleman desires it, the Chair will submit the question to the House. On the question, will the Convention agree to the amendment of Mr. Alricks? The yeas and nays were required by Mr. Hopkins and Mr. Alricks, and were as follows, viz: 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. So the question was determined in the negative. The question recurred on agreeing to the resolution of Mr. Bartholomew. Mr. MACVEAGH. I move to amend, by striking out all after the word "resolved," and inserting the following: "That the communication be received, and that it be taken into consideration next Tuesday, the 19th instant, upon the assembling of the Convention.” 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 |