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DEBATES OF THE CONVENTION TO AMEND THE CONSTITUTION OF PENNSYLVANIA online

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DEBATES



CONVENTION



TO AME?^» THE



CONSTITDTION OF PENNSYLVANIA:



€<ONYENED AT



HAREISBURG, lOVEMBEE 12, 1872:



ADJOURNED, NOVEMBER 27,



TO MEET iLT



PHILADELPHIA, JANUARY 7, 1873.



HARRISBURG:

lENJAMIN SINGERLY, STATE PRINTER^

1873.



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3



S



OF THE



C0iibeiit!oii t0 %\\m\^ Hit C0!istitiitii}ii



FIEST DAY



Tuesday, ISfowemh^dr 12, 1872.

Tkis being the day lixed by the act of the
^General Assembly, entitled ''An act to
provide for calling a Convention tf? amend
the Constitution,'^ approved the eleventh
'day of April, Anno Domini one thousand
eight hundred and. seventy-two, lor the
persons chosen as delegates to assemble in
'Convention, a number of the said dele-
agates, sufficient to constitute a quorum,
feeing present, the Convention was called
to order by the Secretary of the Common-
wealth, Hon. Francis Jordan, who address-
ed the Convention as follows :

Ge'MUmen of the Convention:— T\\Qil\\Y&
section of the act of the General Assem-
ibly, ai3i3roved the eleventh day of April,
1872, and entitled, "i\.n act to provide for
'Calling a Convention to amend the Consti-
tution,/'' imposes upon the Secretary of
the Commoawealtk the duty of calling
the Convention to order at twelve o'clock,
.at noon^on the second Tuesday of Novem-
iber, 1872, of submitting the official returns
'Of electioiL, and of reading the proelaina-
tion of the GoA'-ernor, declaring the names
'Of tiie persons chosen as members of the
-Convention. The day and hour designa-
ted by lavv^ for these purposes having ar-
xived, lam here to perform the dutioB im-
piosed.

The 6th er duties required of the Secre-
tary of the ConiBionwealth hj said act of
Assembly have hQQn discharged, and re-
port thereof to the Convention will be
made inimediately after it .shall have



chosen a President. In the meantime, 1
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 steno-
graphic reporters, to act until the Con-
vention shall supply their places.

The Convention will now please come to
order.

These are the official returns of the elec-
tion made to the Secretary of the Com-
monwealth, 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 Avill now read the jjroelan^ation of
the Governor.

The Secretary of the Commonv/ealtli
then read the said proclamation, as fol-
lo-vv s :
Pennsylvania, ss:

In the Name and hy the Autliority of the
Commonivealth of Pennsylvania, John
W. Geary, Governor of the said Com-
mowivealtk.

A PROC^LAMATIOK

Wi-iEKBAS, It is provided in and by an
act of the General Assembly of this Com-
monwealth, entitled "An Act to provide
for calling a Convention to amend the
Constitution," approved the eleventh day
of April, A. D. 187^, " That the Secretary



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DEBATES OF THE



of the Common wealth 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 membei-s of the Conven-
tion : and the Governor shall forthwith is-
sue his proclamation, declaring^ the names
of the pei^sons who have been chosen mem-
bers of the Convention/''

A7id %h'hm^ea&j The Secretary of the Com-
monwealth did, on the t^Tonty-firBt day of
October, A. B. 1872,, in the manner pix)-
vided in the act of the General Assembly
aforesaid, open and compute all the returns
received of votes given for members of the
Convention.

Aiul ivlien^ea&j It aj)pe-ars by the returns
of the general election held on the second
Tnesday of October^ instant, being the
eighth day of said m.onth, that the names
of the persons who have been chosen mem-
bers of the Convention, a r eas follows, viz :
Wm. M. Meredith, J. Gillingham Fell,
Harry White, William Lilly,, Linn Barthol-
omew, Hugh N. M'Allister, William Da-
vis, James L* Reynolds, Samuel E. Dim-
mick, George V. Lawi^^nee, William H.
Ai-mstrong, David N. White, William H».
Ainey, John H. Walker, George W. Wood-
wai-d, Jeremiah Sv Black, Andrew G. Cur-
tin, William Ja Baer, William H. Smithy
FranMin B^ Gow^en,. Jolin H* Campbell?
Samuel H. Reynolds, James Ellis, Siunuel
C. T. Dodd, Geo^^e M. Dallas,, Robert A.
Lamberton, Andrew A. Purman and Wm.
L» Corbett, dielegates, at large to said Con-
vention.,

Henry C» Ca.rw,~ Edward C. Knigiit,,
John Price Wetherill, Lewis C. Cassidy^
James H. Heverin and Theodore Cuyler^
deleg^ites. at laig-e fi-oni the city of Phila-
delphia.

From the First Senatorial district, in the
city of Philadelphia^, John Bard^ley, Jasv
W. M. Newlin and George W. Bid die.

From the Second Senatorial district, in
the city of Philadelpliia, JoimE. Addicks,
William B. Hanmi and John R. Read.

From the Third Senatorial district,, in
the city of PMladelpMa, M. Hall Stanton
and William E. Littleton ; and in this dis-
trict the official i^etuni made tO; the Secre-
tary of the Commonwealth, by tlie retm-n
j udges shows the election of R. EL Shap-
ley,by a majority of two hundred and for_
ty-one, over Benjamin L. Temple-„ whilst
the certified copy of tlie returns, tiled in
the office of the protlionotary, shows the
election of Benjamin L. Temple, by a ma-



jority of two hundred and forfcy-oiie over
R. E. Shapley, and hence I am unable to
X^roclaim or declare either of these tw^o
persons elected.

From the Fourth, Senatorial district, in
the city of Philadelphia, William D. Ba-
ker, J. Alexander Simx>son and Edward
R. WorrelL

From the Fifth Senatorial district, com-
posed of the counties of Chester and Dela-
ware, John M. Broomall, William Dar-
lington and Joseph HemphilL

Fi-om the Sixth Senatorial district, com-
posed of the county of Montgomery, James
Boyd^ Charles Hunsicker and George N.
Corson..

Fix)m the Seventh Senatorial district,,
composed of the counties of Bucks and
Northampton, Charles Brodliead, Georgo
Ross and George Lea,r„

From theEightliSenaf orial district, com-
posed of the county of Berk% George G.
Barclay^ Henry W. Smith and. Henry-
Van Reed.

From. thoNinthi Senatorial district, com-
posed of the county of Lancaster,, David
W. Patterson^ Henry Cai'ter and Henry
G., Smith.

From the Te^ntli Senatorial district, corn-
loosed of the county of Schuylkill,, Joel Be.
M'Camant, Jolui M. Wretherill ajid Thom-
as R. Banna n.

From the Eleventh Senatorial district^
composed of the counties, of Lebigli and
Carbon^ Charles M. EAink^. Zacliariali Long;
and Edward Harvey.

From the; Twelfth Senatorial district.,
comi^osed of the cbunties of Dauphin and.
Lebanon, Josiali Fiinck, Wayne. Mac
Yeagii and Haaiiilton Alrick,:^

Fi*onL the Thirteenth Senatorial district.,
composed of the counties, of LUiZerne, Mon-
roe and Pike, Heiir}'- S... Mott, Gideon W.
Palmer, Abraham B. Dunning,, Daniel Lc
Rhone, Henry W. Paliuer and. Lewis".
Puglie.

Fi"om thiC Fourteenth Senatorial district,,
composed of tbe counties of Bradford^ Sus-
quehanna^ Wayne andi Wyoming,. George
F. Hoi-ton, William J. Tua^rell and Joseph
G.. Patton.

Fix>nn^ the Fifteenth Sematorial district,
composedj of the' eonnties^of Columbia,, Ly-
CM^ming,, Montour and Sudlivan, Jolm J.
Metzger, Jolin. G. Freeze and Henry C.
Parsons.

From the Sixteenth Senatorial district,,
composed of the counties of C^cimeron,. M^. -
J^ean, Potter and Tiog^a, Johsn S. Mann^
Jerome B. Niles and Mortimer F. Elliott-



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GOKSTITUTIOXAL OOKVEXTIOK.



From the Seventeeth Senatorial distrioj,
composed of the counties of Snyder, Perry,
Northumberland and Union, Joseph Bai-
iy, Levi Rooke and Jolm P, Cronmiller.

From the Eighteenth Senatorial district,
composed of the counties of Clinton, Cam-
bria, Clearfield and Elk, George Achen-
bach, John G. Hall and Afehel 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 cour^ties of Adams and
York, W^illianiM' Clean, John Gibson and'
Thomas E, Cochran.

From the Twenty-first Senatorial dis-
trict, composed of the Counties of Bedford,
Fulton, Blair and Somerset, Samuel L.
Russell, James t\^. Curry and Augustus
S. Landis.

From the Twenty-second Senatorial dis-
trict, composed of the counties of Centre,
Juniata, Mifflin and Huntingdon, John
M. Bailey, Andrew Reed and John M'Cul-
loch.

From the Twenty-third Senatorial dis-
trict, composed of the county of Allegheny,
Thomas MacConnell, Samuel A. Purvi-
ance, Thomas Ewing, John W. F. White,
Matthew Edwards, Thomas Howard Mal-
colm Hay, John B. Guthrie and Thomas
H.B.Patterson.

From the Twenty-fourth Senatorial dis-
trict, composed of the counties of Indiana
and Westmoreland, Daniel S. Porter, An-
drew M. Fulton and Silas M. Clark.

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

From the Twenty-sixth Senatorial dis-
trict, composed of the counties of Beaver,
Butler and Washington, John N. Purvi-
ance, Thomas R. Ha/.zard and William
Hopkins.

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

, From the Twenty-eightli Senatorial dis-
trict, composed of the counties of Law-
rence, Mercer and Venango, David Craig,
Manly C. Beebeand Robert M. DeFrance,

From the Twenty-ninth Senatorial dis-
trict, 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 Struthera, diaries O. Bow-
man and Rasselas Brown,

Now, therefore, I, John W. Geary,
Governor a« aforesaid, have issued this my
proclamation, hereby publishing and de-
claring that the persons hereinbefore
named have been returned as duly elected"
delegates from the State at large, dele-
gates at large from the city of Philadelphia,
and as delegates from the different Sena-
torial districts of the vState as. hereinbefore
recited, and are the names of the xDersons
who have- been chosen members of the
Convention, to assemble in the hall of the
House of Representatives, at the State
Capitol, inHarrisburg, onthe second Tues-
day, 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 pro-
visions of the aforesaid act of the General
Assembly of this Commonwealth.
Given under my hand and the Great Seal
of the State, at Plarrisburg, this twenty-
second day of October, in the year of
our Lord one thousand eight hundred
and seventy-two, and of the Common-
wealth the ninety-seventh.

JNO. W, GEARY.
By the Governor :
Francis Jordan,

Secretary of the Commonwealth.
The Secretary of the Common-
wealth. The next thing in order, I sup-
pose, will be the calling of the roll, to as-
certain 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. xA.iney, William H. Armstrong,
William J. Baer, Linn Bartholomew, Jere-
miah S. Black, JohnH. Campbell, William
L. Corbett, Andrew G. Cur tin, George M.
Dallas, William Davis, Samuel E. Dim-
mick, vSamuel Ci T. Dodd, James Ellis,
J. Gillingham Fell, Franklin B. Gowen,
Robert A. Lamberton, George V. Law-
rence, William Lilly, Hugh N. M'xVllister,
William M. Meredith, Andrew A. Pur-
man, James L. Reynolds, Samuel H. Rey-
nolds, William H. Smith, John ET. W.il-
ker, David N. White, Harry White an!
George W. Woodward.

Delegates at Large in Philabi^l-
PHiA City. — Plenry C. Carey, Lewis ('.
Cassidy, Theodore Cuyler, James H. Hev-
erin, Edward C. Knight and John Pr'c:^
Wetherill.



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6



DEBATES OF THE



District Delegates.— John E. Ad-
dicks, Hamilton AMcks, George W. An-
drews, George A. Achenbach, John M.
Bailey, (Huntingdon,) Joseph Baily,
(Perry,) William D. Baker, Thomas R.
Bjinnan, George G. Barclay, John Bards-
ley, Manly C. Beebe, George W. Biddle,
Charles A. Black, Charles O. Bowman,
James Boyd, Charles Brodhead, John M.
Broomall, Basselas Brown, Henry Carter,
Pearson Church, Silas M. Clark, Thomas
E. Cochran, John Collins, George IST, Coi-
son,. David Craig, John P« Cronmiller,
James W. Curry, William Darlingi;on,
Bobb.M. De France, Abraham B. Dunning,
Matthew Edwards, Mortimer F. Elliott,
Thomas Ewing, Ashel C. J^'inney, John G.
Freeze, Andrew M. Fulton ^ Josiah Funck,
John Gilpin, Jno. B. Guthrie, Jno. G. Hall,
Wm. B. Hanna, Edward Harvey , Malcolm
Play, Thos. B. Hazzard, Joseph Hemphill,
Wm. Hopkins, George F. Horton, Thomas
Howard, CharlesHunsicker, Daniel Kaine,
Augustus S. Landis, George Lear, William
E. Littleton, Zachariah Long, Joel B.
M'Camant, William M' Clean, Thomas.
MacCohnell, John M'Culloch, John M'-
Murray, Wayne MacYeagh, John S. Mann,
Frank''Mantor, John J. Metzger, Samuel
Minor, Henry S.Mott, James W. M. New-
lin, Jerome B. Niles, Gideon W. Palmer,
Henry W. Palmer, Henry C. Parsons,
David W. Patterson, Thomas H. B. Pat-
terson, 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. Pais-
sell, J. M'Dowell Sharpe, J. Alexander
Simpson, Heniy G. Smith, Henry W.
Smith, M. Hall Stanton, John Stewart,
Thomas StrUthers, William J. Turrell,
Henry Yan Reed, John M. Wetherill,
Samuel M. W^herry, John W. F. Wiiite
and Edward R. Worrell.

John Gibson, of the Twentieth Senato-
rial district, was absent.

The Secretary of the Common-
wealth. In 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. Strdng, pastor of the Pine street Pres-
byterian 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 luost holy



presence, recognizing Thy presence, and
humbly and gratefully make mention of
Thy goodness and mercy, which have fol-
lowed us all the days of our lives, even to
this hour. We seek divine wisdom and
divine guidance in the opening of the ses-
sions 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 successfu.1 re-
sults to its deliberation, so that the best in-
terests of this Commonwealth, and the
greatest good to the greatest number of
our citizens may thereby be secured. Ex-
' cept 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 re-
cognize our need of Thy guidance and of
Tiiy 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 be-
seech 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 conies
before them for decision, so that Thy
name may be honored, and so that the in-
terests of truth, and justice, and j>eace 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 for-
give us our debts as we forgive our debt-
ors, and lead us not into temptation, but
deliver us from evil, for Thine is the King-
dom, arid the power and tlie glory forever:.
Amen.

ELECTION OF PRESIDENT.

Mr. Darlington. Mr. Chairman : I
presume, sir, the next business in order
will be the election of officers for the Con-
vention.

The Secretary of the Common-
wealth. The Chair is ready to receive
any motion looking in that direction.

Mr. Darlington. Then, sir, in accord-
ance with the suggestion of a number of
friends, and quite in accordance with niy
own sentiments, I beg leave to nominate
the Hon. Wm. M. Meredith as a candidate
for the presiding officer of this Conven-
tion.

,Mr. Purviance, (Allegheny.) Mr,
Ciiairman : I rise, sir, to perfoi*m the pleas-
ant duty of seconding the nomination of



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CONSTITUTIONAL CONVENTION.



the gentleman from Chester, which I now
dOy for the Hon. Wm. M. Meredith to be .
called to i^reside over the deliberations of
this Cony ention.

The Secretary of the Common-
WEAiiTH. ' Mr. Meredith has been nomi-
nated, 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 haying 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 unanimonsly.

'^he motion was nnanimously carried.

Mr. MacYeagh, Mr. Secretary : In re-
membrance of the labors of our prede-
cessors last assembled for the same pur-
pose for w^hich we are gathered here, I
move you that two of the surviving mem-
bers of that Convention, Mr. Woodward,
of Phil^deli3hia, and Mr. Darlington, of
Chester, be requested to conduct Mr. Mere-
dith, the President elect, to the Chair.

The motion was unanimously carried.

The SeCRE TARY of THE COMMON-
WEALTH. 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 Phila-
delphia, and W^illiam Darlington, of Ches-
ter. Upon taking the Chair, the President
addressed the Convention as follows :

Gentlemen : You have my hearty thanks
for this mark of your confidence. I be-
speak 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 Con-
vention will come to order.

OATH ADMINISTERED TO THE PRESIDENT
AND MEMBERS.

Mr. Kaine offered the following reso-
lution, which was twice read and adopted:

Resolved, That the following oath be ad-
ministered by the Secretary of the Com-
monwealth to the President and mem-
bers of this Convention :

"You do swear (or affirm) that you
will suppoi't 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
^he 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 alphabeti-
cally at the head, and call as mdny 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 pur-
sued, unless otherwise ordered, is to call,
first, those who swear by the book ; sec-
ond, 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 ne-
cessary to send out to get some. [Laugh-
ter.]

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

*'You and each of you do severally
swear that you will support the Constitu-
tion 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 oath
was administered to them :

* 'You and each of you do swear by Al-
mighty God, the searcher of all hearts,
that you will support the Constitntion of
the United States, and that you will per-
form your duties as members of this Con-
vention with fidelity, and that as yoii
shall anSwer to God at the great day."

Those who affirmed then came foi-ward,
and were qualified as follows :

"You and each of you do solemnly, sin-



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