dinary rule, applicable to all other cases in which a man is not called upon to defend himself until he is at all events shown to be guilty by the oath of somebody willing to make an oath against him. I object to his being called upon to swear at all until he is first attacked by the oath of somebody else. Mr. BUCKALEW. Mr. President: This regulation, as has already been explained, is quite consistent with existing provisions of law. A man is challenged for non-payment of taxes; he proves the payment by his own oath. He is challenged for want of residence; he establishes that fact by the evidence of his neighbors. But I direct my attention to the amendment of the gentleman from Schuylkill. This clause of the section is necessary, and I will show him how it is so. The section is that a man who has offered or received a bribe shall forfeit his right to vote at the election. The question is, how shall that be determined? The Committee on Suffrage, Election and Representation thought the election officers should be concluded by the oath of the person challenged. There is not time to try the case; there is not time to call witnesses and hear evidence; and yet if you strike out this provision, as a matter of course the election officers, if they please, where a challenge is made, can stop the election while they go into a trial of that question. That would be intolerable. If we are to adopt such a provision a all, we shall have to regulate the manner in which the challenge shall be received and determined. Therefore the Committee on Suffrage, Election and Representation have added this simple provision that the voter may purge himself by his own oath. That is a summary manner of determining the case, and it must be determined in that manner if it is to be determined at all. I therefore trust the amendment of the gentleman from Schuylkill will not be adopted. The amendment was rejected. The PRESIDENT. The question is upon the section. Mr. D. W. PATTERSON. Upon that I call the yeas and nays. Mr. BUCKALEW. Before the vote is taken a verbal amendment is necessary, by reason of the one already made. The Convention has inserted the word "reward" in the first part of the section, and to make the section uniform it must also be inserted in the middle of the section. I move that amendment. The PRESIDENT. It is too late to offer an amendment. The yeas and nays have been called for. Mr. BUCKALEW. Then I ask unanimous consent to make this modification. The PRESIDENT. Shall the gentleman from Columbia have unanimous consent to modify the section? ["Agreed."] It is agreed to, and the section will be so modified. The question is on the section, and the yeas and nays are called for. Is the call seconded? Mr. MANN. I second it. The PRESIDENT. The call will proceed. Mr. HARRY WHITE. Let the section be read. The CLERK read the section. The question being taken by yeas and nays, resulted as follows: YEAS. Messrs. Addicks, Ainey, Alricks, Andrews, Baer, Bailey, (Huntingdon,) Biddle, Bigler, Bowman, Boyd, Brodhead, Brown, Buckalew, Calvin, Campbell, Carter, Cassidy, Church, Cochran, Corbett, Corson, Curtin, Dallas, Darlingten, De France, Duuning, Edwards, Finney, Guthrie, Hanna, Hazzard, Horton, Hunsicker, Kaine, Knight, Lamberton, Lawrence, Lear, Lilly, Long, MacConnell, M'Camant, M'Clean, M'Culloch, M'Murray, Mantor, Minor, Mott, Palmer, H. W., Patton, Porter, Purman, Purviance, John N., Purviance, Samuel A., Reed, Andrew, Rooke, Ross, Runk, Russell, The PRESIDENT. The question is on Sharpe, Simpson, Smith, H. G., Sinith, the amendment. The amendment was rejected. Mr. M'MURRAY. I offer the following amendment, to come in at the end of the section: "When the right of any person to vote is challenged on the ground of an insufficient length of residence in the election district, the party challenged shall establish such right by at least one freehold elector of said district." Henry W., Smith, Wm. H., Stewart, NAYS. Messrs. Baily, (Perry,) Broomall, Craig, Mann, Patterson, D. W., Stanton and White, Harry-7. So the section was agreed to. ABSENT.-Messrs. Achenbach, Armstrong, Baker, Bannan, Barclay, Bardsley, Bartholomew, Beebe, Black, Charles A., Black, J. S., Carey, Clark, Collins, Cronmiller, Curry, Cuyler, Davis, Dodd, Elliott, Ellis, Ewing, Fell, Fulton, Funck, Gibson, Gilpin, Gowen, Green, Hall, Harvey, Hay, Hemphill, Heverin, Howard, Landis, Littleton, MacVeagh, Metzger, Mitchell, Newlin, Niles, Palmer, G. W., Parsons, Patterson, T. H. B., Pughe, Read, John R., Reynolds, Turrell and Wright-49. The PRESIDENT. the next section. cial legislation, which, I think, will receive the approbation not merely of this Convention, but of the people of the State. But if we should pass this section without any amendment, we should be restoring special legislation in, perhaps, its most objectionable form. Every one must see that if the power to remit a forfeiture of the right of suffrage be left to the Legislature, any man having political influence, or having money, would, as soon as he was convicted, apply to the Legislature to secure pardon. This is so plain that the The Clerk will read simple statement of the fact is sufficient. It certainly needs no argument to enforce this idea. The CLERK read as follows: SECTION 7. Every person convicted of any fraudulent violation of the election laws shall be deprived of the right of suffrage; but such right in any particular case may be restored by an act of the Legislature, two-thirds of each House consenting thereto. Mr. STEWART. I move to amend by striking out all before the word "but," and inserting: "In addition to such other penalties as may be prescribed by law for fraudulent violation of the election laws, the person so offending shall upon conviction be deprived of the right of suffrage for not less than two nor more than ten years, at the discretion of the court." On the question of agreeing to the amendment, a division was called for, which resulted twenty-seven in the affirmative. This being less than a majority of a quorum, the amendment was rejected. Mr. CARTER. 1 move to amend by striking out all after the word "suffrage" and inserting "absolutely for a term of four years." The section as it now stands seems also to blend the legislative and executive functions. We have provided for a Board of Pardons which, I hope, will be finally adopted. Now, surely we do not want to confer the power of pardon in this regard upon the Legislature. There should be no pardon for a man who commits a fraud at an election. The man who commits so great a crime against society should have the mark of Cain put upon him, and, as an expiation of his offense, be deprived, for a term, of the right of suffrage. I fix the term of four years, because that is the period that intervenes between our Pre-idential elections. Let him for that time wear that brand of infamy that he, when his fellow-citizens are enjoying this high privilege, shall stand apart as a marked man who has been convicted of this crime. Mr. DALLIS. Mr. President: I only want to say a word or two. The source from which this amendment comes entitles it to favor; but my objection to it grows out of the very circumstances to The PRESIDENT. The clerk will read which the gentleman refers. I think to the words to be stricken out. The CLERK read as follows: "But such right in any particular case may be restored by an act of the Legislature, two-thirds of each House consenting thereto." Mr. CARTER. Now read the section as it would be if amended as I propose. The CLERK read as follows: "Every person convicted of any fraudulent violation of the eiection laws, shall be deprived of the right of suffrage absolutely for a term of four years." Mr. CARTER. Mr. President: The reason for this amendment to me seems patent on its face. We have made a move in the right direction in prohibiting spe make it a punishment for a term of years is to make it a provision which should not be placed in the Constitution. I prefer to consider this section as one which fixes the qualifications of a voter and which says to this class of people, those who commit such a fraud as this, that they are not to be acknowledged among those of our citizens who are proper classes to exercise the elective franchise. Therefore I would make it a permanent provision and one that should not be limited by any term. Mr. CARTER. I should oppose that because it would practically destroy the effect. The punishment would be too great, and it would be like the case of Cain when he exclaimed: "My punishment is greater than I can bear." If it is made absolute, it will not be enforced. I think the gentleman from Philadelphia is under a mistake in regard to the character of the provision we are considering. It is not merely to fix the qualifications of electors; it is to guard the ballot-box; it is to protect it. That view runs all through the article as reported by the Committe on Suffrage, Election and Representation, and I think that this is calculated with other things to effect some good. The PRESIDENT. The question is on the amendment. Barclay, Bardsley, Bartholomew, Black, J. S., Brodhead, Carey, Clark, Collins, Corson, Cronmiller, Curry, Cuyler, Davis, Dodd, Dunning, Elliott, Ellis, Ewing, Fell, Fulton, Funck, Gibson, Gilpin, Gowen, Green, Hall, Harvey, Hay, Hemphill, Heverin, Howard, Lamberton, Landis, Littleton, MacVeagh, M'Camant, Metzger, Mitchell, Mott, Newlin, Niles, Palmer, G. W., Patterson, T. H. B., Pughe, Reed, John R., Reynolds, Rooke, Smith, H. G., Stewart, Turrell, Van Reed, White, J. W. F. and Wright-59. Mr. DARLINGTON. I move further to amend this section by striking out the word "every"-the first word in the sec Mr. CARTER. I call for the yeas and tion-and inserting "any," and to strike nays. out the word "any," before "fraudulent," Mr. D. W. PATTERSON seconded the in the same line, so as to read: call. Mr. CORBETT. I suggest to the mover of the amendment that he leave out the word "absolutely." It is unnecessary and the clause will read better without it. Mr. CARTER. I put it in at the suggestion of the distinguished gentleman from Columbia (Mr. Buckalew) this morning. The PRESIDENT. The Clerk will call the roll on the amendment. "Any person convicted of fraudulent violation of the election laws," &c. The amendment was agreed to. Mr. S. A. PURVIANCE. I move to strike out the word "fraudulent" in the first line, and insert the word "wilful." The amendment was agreed to, there being, on a division: Ayes, thirty-seven; noes, nineteen. Mr. H. W. PALMER. I offer the followThe question being taken by yeas and ing amendment to come in at the beginnays, resulted as follows: YEAS. Messrs. Andrews, Baily, (Perry,) Bailey, (Huntingdon,) Beebe, Biddle, Bigler, Black, Charles A., Boyd, Broomall, Brown, Calvin, Campbell, Carter, Church, Cochran, Curtin, De France, Edwards, Finney, Hanna, Hazzard, Horton, Hunsicker, Kaine, Knight, Lawrence, Lear, Long, MacConnell, M'Culloch, Mann, Mantor, Minor, Patterson, D. W., Patton, Porter, Purman, Purviance, John N., Purviance, Sam'l A., Reed, Andrew, Ross, Russell, Wetherill, Jno. Price, White, David N., White, Harry, Worrell and Meredith, President-47. ning of the section: "Any person who shall, while a candidate for office, be guilty of bribery, fraud, or wilful violation of any election law, shall be forever disqualified from holding an office of trust or profit in this Commonwealth, and.” And on that I call for the yeas and nays. I want to record my vote upon it. Mr. HARRY WHITE. I second the call. nays, resulted, yeas, fifty-nine; nays, The question being taken by yeas and seventeen, as follows: YEAS. Messrs. Alricks, Baer, Bailey, (Huntingdon,) Beebe, Biddle, Bigler, Black, Charles A., Boyd, Broomall, Brown, Buckalew, Calvin, Carter, Cassidy, Darlington, De France, Dunning, EdChurch, Corbett, Corson, Curtin, Dallas, wards, Guthrie, Hanna, Hazzard, Horton, Hunsicker, Kaine, Lawrence, Lilly, tor, Mott, Palmer G. W., Palmer H. W., MacConnell, M'Culloch, M'Murray, ManPatton, Purman, Purviance John N., Purviance Sam'l A., Runk, Russell, Sharp, Smith H. G., Smith Henry W., Smith Wm. H., Stanton, Struthers, Temple, Wetherill J. M., Wetherill Jno. Price., Wherry, White David N., White, Harry, White J. W. F., Woodward and Worrell-59. NAYS. Messrs. Adicks, Andrews, Baily, (Perry,) Bowman, Cochran, Finney, Knight, Lear, M'Clean, Mann, Patterson D. W., Porter, Reed, Andrew, Ross, Simpson, Walker and Meredith, President-17. So the amendment was agreed to. ABSENT.-Messrs. Achenbach, Ainey, Armstrong, Baker, Bannan, Barclay, Bardsley, Bartholomew, Black J. S., Brodhead, Campbell, Carey, Clark, Collins, Craig, Cronmiller, Curry, Cuyler, Davis, Dodd, Elliott, Ellis, Ewing, Fell, Fulton, Funck, Gibson, Gilpin, Gowen, Green, Hall, Harvey, Hay, Hemphill, Heverin, Howard, Lamberton, Landis, Littleton, Long, MacVeagh, M'Camant, Metzger, Minor, Mitchell, Newlin, Niles, Parsons, Patterson, T. H. B., Pughe, Read John R., Reynolds, Rooke, Stewart, Turrell, Van Reed and Wright-57. Mr. ANDREW REED. I move further to amend, by striking out "four" and inserting "six,' so that the party will be deprived of the right of suffrage for six years. The PRESIDENT. The amendment is not in order. It proposes to strike out a part of the section which has just been voted in. The question is no the section as amended. The section was adopted. Mr. HARRY WHITE. I move that the Convention do now adjourn. The House is very thin. The motion was not agreed to. "All men are born equally free and independent, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing and protecting property and reputation, and of pursuing their own.happiness." By that provision a man is protected in his reputation. The section now before us provides that "in cases of contested elections, no person shall be permitted to withhold his testimony upon the ground that it may criminate himself." You oblige him to give evidence although it may be against his reputation. The ninth section of the Declaration of Rights provides: That in all criminal prosecutions, the accused hath a right to be heard by himself and his counsel, to demand the nature and cause of the accusation against him, to meet the witnesses face to face, to have compulsory process for obtaining witnesses in his favor; and in prosecutions by indictment or information, a speedy public trial by an impartial jury of the vicinage. He cannot be compelled to give evidence against himself, nor can he be deprived of his life, liberty or property, unless by the judgment of his peers or the law of the land." There is a similar provision in the Constitution of the United States, in substantially equivalent words, as follows: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by The PRESIDENT. The next section will law, and to be informed of the nature and be read. The CLERK read as follows. SECTION 8. In cases of contested elections no person shall be permitted to withhold his testimony upon the ground that it may criminate himself or subject him to public infamy, but such testimony shall not afterwards be used against him in any judicial proceedings. Mr. BUCKALEW. I move to amend the section, by adding the words, "except for perjury in such testimony." The amendment was agreed to. cause of the accusation against him; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defence." And in the preceding article of the same Constitution we find this provision: "Nor shall any person be subject, for the same offence, to be twice put in jeopardy of life or limb; nor shall he be com pelled in any criminal case to be a wit ness against himself." By this section you oblige a man to give testimony although he criminates The PRESIDENT. The question is on himself, while in the Bill of Rights, the section as amended. Mr. KNIGHT. Mr. President: In my judgment there is a conflict here with the present Constitution. The first section of the Declaration of Rights reads thus: which has been adopted in almost the same language that is found in the present Constitution, you say that a man shall have the right to protect his reputation and character, and in another place you say he cannot be compelled to give evidence against himself. This seems to be an unjust contradiction. I think the whole section should be voted down. Mr. BUCKALEW. The ninth section of the ninth article to which the gentleman refers is not at all inconsistent with this provision. That section he will observe commences, "In all criminal prosecutions," and then follow several clauses which he has read. "He shall not be compelled to give testimony against himself" means that when he is prosecuted, he shall not be required to go upon the witness stand and testify against himself; in other words, it is a prohibition against the French system of criminal trial where the defendant in a case is put upon his examination. That is all that means. And so in regard to the provision of the Constitution of the United States which is in general terms; the signification is precisely the same. We do not propose by this section that a man shall be examined as a witness upon his trial. It is a provision by which the channels of information shall not be closed up to you in election investigations, with a careful and prudent reservation that the testimony given by the witness on no future occasion shall ever be used against him. I refrain from going over the general argument because it was gone into before and is already contained in our volume of Debates; but I think it will be a very valuable provision, and this same provision now is found in the law of Great Britain, from which we derived originally this common law security which is ted to us. quo The PRESIDENT. It is not in order to refer to what was done in committee of the whole. Mr. HARRY WHITE. I will merely say that when the report of the Committee on Legislation comes up, I hope the Convention will adopt a provision of that kind. Now, delegates will observe that this section merely provides for cases of contested elections. There are many other investigations besides those of contested elections. There may be elections by the Legislature there may be elections of Speaker, there may be of certain officers; elections of United States Senator, which require a legislative investigation; and just because the testimony of a guilty party may be used against him in a criminal prosecution, he will withhold his testimony. Now, I submit when we are making a provision in this regard, we ought to extend it to all cases that are likely to occur in investigating elections. I therefore move this amendment, and if the Convention adopts it, of course that testimony can be had upon those kinds of investigations, and no party can withhold it. The PRESIDENT. The question is on the amendment. The amendment was agreed to. The PRESIDENT. The question recurs on the section as amended. The section as amended was adopted. The CLERK read the next section as follows: SECTION 9. Wards of cities or boroughs and townships shall form or be divided into election districts of compact and contiguous territory in such manner as the court of quarter sessions of the city or The PRESIDENT. The question is on the county in which the same are located section as amended. Mr. HARRY WHITE. I have an amendment to offer to this section. After the word "elections," in the first line, I move to insert, "or in proceedings investigating elections." Mr. President, I am in entire sympathy with this section. The delegates will remember that in the legislative article there was voted down (which, with all deference, I think was a mistake, and it will be renewed when the article comes up on second reading,) a provision which prohibited the testimony upon legislative investigations being used against a party in criminal prosecutions. I think that was an error, and I think the Convention will be satisfied of that. may direct: Provided, All districts in cities of over one hundred thousand inhabitants shall be divided by the courts of quarter sessions of said cities, whenever the preceding election shows the polling of more than two hundred and fifty votes, and in other election districts whenever the court of the proper county shall be satisfied that the convenience of the electors and the public interests will be promoted thereby. Mr. CAMPBELL. I move to strike out the words “two hundred and fifty," in the seventh line, and insert "oue hundred." ["No!" "No!"] Mr. HANNA. I move to amend the amendment by making it four hundred. ["No!" "No!"] I withdraw it. |