WEDNESDAY, June 4, 1873. The Convention met at half-past nine o'clock A. M., Hon. Wm. M. Meredith, President, in the chair.

Prayer by the Rev. J. W. Curry. The Journal of yesterday was read and approved.

COMPENSATION OF MEMBERS.

Mr. LANDIS submitted the following preamble and resolution:

WHEREAS, This Convention did on the twenty-second of May, 1873, pass a resolution reported by a select committee to whom was referred the question of the compensation of the members of the Convention, which resolution recommended the payment to each member of $2,500; and whereas, the act of 1872 calling this Convention and naming the compensation of members was by the act of the ninth of April, 1873, so far as this question is concerned, repealed, and the subject referred to this Convention; therefore, Resolved, (1.) That it is the sense of this Convention that it is improper to determine any amount of compensation in excess of the amount originally fixed by the act of 1872.

(2.) That the action of the Convention adopting the report of said select committee, May twenty-second, 1873, be hereby rescinded.

(3.) That the President is authorized to draw his warrant, and the Chief Clerk to countersign the same, on the State Treas urer, in favor of each member, to an amount not exceeding $1,000, and the question of additional compensation, if any is necessary, is referred to the next Legislature.

On the question of proceeding to the second reading and consideration of the resolution, the yeas and nays were required by Mr. Landis and Mr. Hunsicker,

and were as follow:

YEAS.

Messrs. Alricks, Armstrong, Baer, Baily, (Perry,) Biddle, Bigler, Black, Charles

Messrs. Achenbach, Addicks, Andrews, Bannan, Bartholomew, Bowman, Brown, Carter, Church, Corbett, Corson, Cronmiller, Curry, Curtin, Davis, De France, Dodd, Dunning, Edwards, Ellis, Gibson, Green, Hall, Hanna, Harvey, Hay, Horton, Howard, Lilly, Long, MacConnell, Mann, Mantor, Minor, Mott, Newlin, Palmer, G. W., Palmer, H. W., Parsons, Patterson, T. H. B., Patton, Porter, Pughe, Runk, Russell, Smith, Wm. H., Stanton, Temple, Turrell, Van Reed, Walker, Wherry, White, J. W. F. and Wright-54. So the resolution was not ordered to a second reading.

ABSENT.-Messrs. Ainey, Bailey, (Huntingdon,) Baker, Barclay, Bardsley, Beebe, Black, J. S., Buckalew, Campbell, Carey, Cassidy, Clark, Collins, Craig, Cuyler, Dallas, Elliott, Ewing, Fell, Finney, Funck, Hazzard, Heverin, Kaine, Knight, Lear, Littleton, MacVeagh, M'Camant, M'Culloch, Metzger, Mitchell, Niles, Purviance, Sam'l A., Read, John R., Sharpe, Simpson, Smith, H. G., Stewart, White, David N., Woodward and Worrell.—42.

FILLING OF MR. GOWEN'S VACANCY. Mr. WOODWARD submitted the follow

ing report, which was read and laid on

the table:

ferred to appoint a delegate to supply the We, the subscribers, to whom it was revacancy occasioned by the resignation of F. B. Gowen, do report that we have agreed to appoint and hereby do appoint Edgar Cowan, of Westmoreland, to fill said vacancy.

By solemn constitutional enactment, since we have been a government, on the most trivial matters of legislation, the yeas and nays are recorded in both branches of the Legislature on the request of any two members. I submit, then, that this Convention, forming the hard lines of a constitutional enactment, should not change the rule of the old Constitution in this regard. I hope that the resolution will not prevail.

Mr. STANTON. I have no desire to say anything on this subject, but I trust the Convention will adopt the resolution. My object in offering this resolution for the amendment of the rules was to prevent so much filibustering as we have witnessed here. I think the ridiculous way in which we have been calling the yeas and nays on unimportant questions has sufficiently shown the necessity of some such provision as this. Gentlemen will remember that this resolution will not prevent any two members of the Convention from calling for the yeas and nays on the passage of any section. It only refers to amendments to a section. Yesterday we had the yeas and nays called continually, each call occupying nearly ten minutes. As the rule now stands, a motion may be made to strike out a single word in a section, simply for a little buncombe, and any two gentlemen can call for the yeas and nays, and then we are detained for ten minutes by the calling of the roll. The design of the resolution is merely to prevent the useless waste of time in that way. Any two gentlemen, under this resolution, can still call for the yeas and nays on the adoption of any section; I would go with the gentleman from Indiana so far as that; but I do not think the yeas and nays should be called on these little trivial amendments which gentlemen do not expect to carry, but only offer and call for the yeas and nays upon them in order to put themselves on the record to gratify their constituents. I trust that the resolution will pass.

Mr. DARLINGTON. I hope, sir, it will not pass. I do not suppose there is a single gentleman here prepared to charge his fellow-members, or any one of them, with an intentional waste of time; but each man here has a duty to perform under the sanction of his qualification and of his honor, and he should be allowed to place upon the record every vote that he sees fit to give with regard to any matter

gentleman from Philadelphia should remember that it is not the vote upon the perfected section that is always of importance, but it is the vote upon the various amendments to perfect it. They are quite as important, and more so, oftentimes, than the final vote. I do hope that we shall adhere to what is now the constitutional provision, that the yeas and nays may be called upon the request of any two members, and that in amending this Constitution we shall not take the bit in our mouths and run away with ourselves.

Mr. BOYD. I move to refer this subjeet to the Committee on Rules.

The PRESIDENT. The question is on the motion of the gentleman from Montgomery (Mr. Boyd.)

The yeas and nays were required by Mr. Harry White and Mr. Boyd, and were as follow, viz:

YEAS.

Messrs. Ainey, Baily, (Perrv,) Bailey, (Huntingdon,) Bigler, Black, Charles A., Bowman, Boyd, Cochran, Corson, Cronmiller, Curtin, Dallas, Darlington, De France, Edwards, Ellis, Fell, Fulton, Gibson, Hall, Hay, Hemphill, Hunsicker, MacVeagh, Mann, Patterson, D. W., Purman, Rooke, Runk, Russell, Smith, Henry W., Struthers, Temple, White, Harry, White, J. W. F., Woodward and Meredith, President-37.

NAYS.

Messrs. Achenbach, Addicks, Alricks, Andrews, Armstrong, Baer, Bannan, Biddle, Black, J. S., Brodhead, Broomall, Brown, Calvin, Church, Clark, Corbett, Curry, Davis, Dodd, Dunning, Gilpin, Green, Guthrie, Hanna, Harvey, Hazzard, Horton, Howard, Lamberton, Landis, Lawrence, Lilly, Long, MacConnell, MCamant, M'Clean, M'Culloch, M'Murray, Mantor, Metzger, Minor, Mott, Newlin, Palmer, G. W., Palmer, H. W., Parsons, Patterson, T. H. B., Patton, Porter, Pughe, Purviance, John N., Reed, Andrew, Reynolds, Ross, Smith, H. G., Smith, Wm. H., Stanton, Turrell, Van Reed, Walker, Wetherill, J. M., Wetherill, Jno. Price, Worrell and Wright-64.

So the motion to refer was not agreed to.

ABSENT.-Messrs. Baker, Barclay, Bardsley, Bartholomew, Beebe, Buckalew, Campbell, Carey, Carter, Cassidy, Collins, Craig, Cuyler, Elliott, Ewing, Finney,

Funck, Heverin, Kaine, Knight, Lear, Littleton, Mitchell, Niles, Purviance, Samuel A., Read, John R., Sharpe, Simpson, Stewart, Wherry and White, David N.-31.

The PRESIDENT. The question now is on the amendment to the amendment, to strike out "five" and insert "ten."

The amendment to the amendment was agreed to, there being, on a division: Ayes, thirty-seven; noes, thirty-two.

The PRESIDENT The question now is on the amendment as amended, to strike out "twenty" and insert "ten."

The amendment was agreed to: Ayes, seventy-four, more than a majority of the whole House.

The PRESIDENT. The question is on the resolution as amended, which will be read.

The CLERK read as follows:

Resolved, That the yeas and nays shall be called on any question only on ten members rising to second the call of any one member, except on the final passage of any section.

On agreeing to the resolution as amended, the yeas and nays were required by Mr. Cochran and Mr. Baily, (Perry,) and were as follow, viz:

YEAS.

Messrs. Achenbach, Andrews, Armstrong, Baer, Bannan, Barclay, Biddle, Bowman, Brodhead, Broomall, Buckalew, Calvin, Carter, Church, Corson, Curry, Davis, Dodd, Dunning, Finney, Fulton, Gilpin, Green, Guthrie, Hanna, Harvey, Hazzard, Horton, Howard, Lamberton, Landis, Lawrence, Lilly, Long, MacConnell, M'Clean, M'Culloch, M'Murrray, Mantor, Metzger, Minor, Mott, Newlin, Palmer, G. W., Palmer, H. W., Parsons, Patton, Porter, Pughe, Purviance, John

N.. Reynolds, Ross, Runk, Russell, Smith, Wm. H., Stanton, Turrell, Van Reed, Wetherill, Jno. Price and Wherry,

-60.

NAYS.

Messrs. Addicks, Ainey, Alricks, Baily, (Perry,) Bailey, (Huntingdon,) Baker, Bartholomew, Bigler, Black, Charles A., Black, J. S., Boyd, Brown, Campbell, Clark, Cochran, Corbett, Craig, Cronmiller, Curtin, Dallas, Darlington, De France, Edwards, Ellis, Fell, Gibson, Hall, Hay, Hemphill, Heverin, Hunsicker,MacVeagh, Mann, Patterson, D. W., Patterson, T. H. B., Purman, Reed, Andrew, Smith, H. G., Smith, Henry W., Struth

Mr. HARRY WHITE. Mr. President: May I rise at this time to a question of order, to call the attention of the Chair to rule No. 40, which provides that no rule shall be altered without a majority of two-thirds.

The PRESIDENT. Rule No. 40 applies to a case where a rule is to be suspended for a particular occasion as for the reading of articles twice on the same day. It then requires a two-thirds vote. By the twenty-fourth rule, if the gentleman will refer to it, it is required that a resolution altering the rules shall lie on the table at least one day. No body could ever be absurd enough, in the opinion of the Chair, to attempt to tie itself up so that a majority could not alter the rule; and such a rule if it were adopted would be in effect utterly void.

Mr. D. W. PATTERSON. This alters the thirty-third rule also, which says that two delegates may call for the yeas and nays. It virtually alters it.

The PRESIDENT. That rule is superceded by the rule just adopted. The Chair has decided the question once or twice before.

SEAT OF A DELEGATE.

Mr. ALRICKS. Mr. President: I rise to a question of privilege. First in time,

first in right. Mr. Gowen having resigned

the House to be permitted to occupy the his place, I ask the unanimous consent of

seat which he held here.

Mr. LILLY and Mr. J. PRICE WETHERleave to take the vacant seat of Mr. ILL moved that the gentleman have Gowen, and the motion was agreed to.

VOTING ON THE YEAS AND NAYS. Mr. HAZZARD. Is it in order to offer a resolution at this time?

The PRESIDENT. If there is no objec tion the gentleman will have leave. The Chair hears none.

Mr. HAZZARD. I offer the following resolution:

Resolved, That on calling the yeas and nays, any member neglecting to vote when his name is called shall not vote without the consent of the House.

On the question of proceeding to the second reading and consideration of the resolution a division was called for and the ayes were twenty-seven-less than a majority of a quorum voting. So the Convention refused to order the resolution to be read the second time.

BOUND VOLUMES OF DEBATES.

Mr. MACVEAGH asked and obtained leave to offer the following resolution:

Resolved, That the Committee on Printing be requested to consider the propriety of restricting the number of bound volumes of the Debates to be furnished to the Convention to one thousand copies of each volume, instead of five thousand copies thereof as now ordered.

On the question of proceeding to the second reading and consideration of the resoiution, Mr. H. W. Palmer and Mr. MacVeagh called for the yeas and nays. The PRESIDENT. The call must be seconded by ten gentlemen rising.

The following gentlemen rose: Messrs. MacVeagh, H. W. Palmer, Hay, Landis, Ainey, Hanna, J. W. F. White and De France-8.

The PRESIDENT. The yeas and nays are not ordered.

The question being put on ordering the resolution to a second reading, it was determined in the negative.

EXECUTIVE DEPARTMENT. The PRESIDENT. The next business in order is the consideration on second reading of the article reported by the Committee on the Executive Department. Will the House proceed with it? ["Aye." "Aye."] The article is again before the House. The pending question is on the amendment offered by the gentleman from Clearfield, (Mr. Bigler,) which will be read.

The CLERK. The amendment is to insert in lieu of section ten, the following:

"The power to remit fines and forfeitures and grant reprieves and pardons, except in cases of impeachment, shall be vested in the Governor, and he shall exercise it in the manner following, to wit: He may reject any or all the applications made to him for the remission of fines and forfeitures and reprieves and pardons, but no pardon shall be granted without the concurrence with the Governor of the

Attorney General, Secretary of the Commonwealth, Superintendent of Public Instruction and Secretary of Internal affairs, or a majority of them."

Mr. BIGLER. I ask permission to modify my amendment, and send it to the Secretary to be read.

The PRESIDENT. It cannot be modified at this stage.

Mr. BIGLER. I suppose I may move to amend the amendment.

The PRESIDENT. Certainly.

Mr. BIGLER. Then I move in the second and third lines to strike out the words "and he shall exercise it in the manner following, to wit;" and in the third and fourth lines to strike out the words "made to him for the remission of fines and forfeitures and reprieves and pardons," and insert after the word "but” the words "shall grant," and to strike out the words "shall be granted," after the word "pardon." I ask that the amendment as proposed to be amended

be read.

The CLERK. The amendment, if amended as proposed, will read:

"The power to remit fines and forfeitures and grant reprieves and pardons, except in cases of impeachment, shall be vested in the Governor. He may reject any or all the applications, but shall grant no pardon without the concurrence with the Governor of the Attorney General, Secretary of the Commonwealth, Superintendent of Public Instruction, and Secretary of Internal Affairs, or a majority of them."

The PRESIDENT. The question is on the amendment to the amendment.

Mr. BIGLER. It is but just to myself to say that in proposing this amendment yesterday, I had prepared it in a very different form. The alteration now made is mainly in language.

Sir, I desire to call the attention of the Convention for a minute or two to this amendment, and I shall be done with this subject, for it was with the utmost reluctance that I proposed any amendment to the proposition of the committee. Knowing how thoroughly this subject had been discussed, and how unwelcome probably amendments would be; but I have felt it to be a duty.

In a very few words yesterday I expressed the strong objection I had to the plan that is before us. In the first place, it would lead, I think, to vexatious delay, as I said yesterday, amounting to almost impracticability in its operations. Then