the Ohio and Allegheny rivers to make three-fifths or three-fourths of another district. That was annexed to Butler county, or Butler county annexed to Allegheny-I do not care which you call it-and made the Twenty-third district a full district. This section would prevent anything of that sort, and would, in that case, have required Allegheny to have been limited to one member, with a population almost sufficient for two. You have the same thing in different parts of the State. The CHAIRMAN. The question is on the amendment. The amendment was rejected, the ayes being twenty-seven; less than a majority of a quorum. The CHAIRMAN. The article has now been gone through with, and the committee will rise. The committee of the whole rose, and the President pro tem. (Mr. Walker) having resumed the chair, the Chairman (Mr. Stanton) reported that the committee of the whole had under consideration the nineteenth and subsequent sections of the article on the Legislature, and had instructed him to report them back with amendments. The PRESIDENT pro tem. The Chairman of the committee of the whole reports with amendments the article on the Legislature. ("Adjourn." "Adjourn.") Mr. MACVEAGH. I will take the sense of the Convention upon that matter. There is nearly an hour left, and at first it occurred to me that we might proceed with the second reading, ("No." "No.") but it seems to be the sense of the Convention to adjourn, and I therefore move that the House do now adjourn. Mr. BUCKALEW. I rise to a question of order, that upon a report from the committee of the whole nothing is in order except the reading of the amendments. I ask for the reading of the amendments. The PRESIDENT pro tem. The amend ments will be read. Mr. MACVEAGH. I move to waive the reading of the report and that it be printed for second reading. The PRESIDENT pro tem. It is moved that the reading of the reading of the amendments be dispensed with and that the article as amended be printed. The motion was agreed to. WARRANTS FOR PAY. Mr. HAY. I ask leave to make a report from the Committee on Accounts and Expenditures. Leave was granted, and the report was received and read as follows: The Committee on Accounts and Expenditures of the Convention respectfully reports: That the Convention having fixed the salaries of its members at twenty-five hundred dollars each, and those of its officers at the following amounts, to wit: The Chief Clerk and two assistant clerks, each.......... $2,750 Two transcribing clerks, each......... 2,000 Sergeant-at-arms................ 2.000 Assistant sergeant-at-arms, doorkeeper, assistant doorkeeper, postmaster, and assistant post master, each..... 1,800 and having ordered that warrants be drawn in favor of each member and officer for three-fifths of the full amount of his salary as above stated, and referred it to this committee to ascertain and report for what particular amounts warrants should be drawn, the following are therefore reported as the particular and proper amounts now due to each member and officer below named for which warrants should be drawn under said order of the Convention. [Here follow the names of the members, with an allowance of $1,500 to each.] The names of Samuel E. Dimmick, Franklin B. Gowen, and Samuel H. Reynolds, who resigned, and of H. N. M'Allister and William Hopkins, who died during the session, and their respective successors, Henry Green, John C. Bullitt, William Bigler, Samuel Calvin, and Lewis Z. Mitchell, are omitted from the above schedule. No day of final adjournment being appointed, it was not practicable at this time to equitably adjust the amount due to each of these delegates who have at different times occupied the same seats; and unless otherwise ordered by the Convention, the Committee on Accounts will postpone any report designating the amount of salary due to those members until the close of the session, when a just apportionment can be made. The names of Daniel L. Rhone and John G. Freeze have not been included in the foregoing list for the reason that ONE HUNDRED AND TWENTIETH DAY. of rule six. I desire that the members of the Convention should be apprised of the state of things as early as possible. I therefore suggest that you cause this note to be read at the Clerk's desk imme. diately before calling the House to order, and also after the adjournment. It is with great regret that I am compelled thus to suspend the performance of duties to which the Convention has done me the honor of assigning me, and I hope in a few days to return with renewed strength to their performance. Always faithfully and W. M. MEREDITH. 9 A. M., Monday, 16th June, 1873. Hon. JOHN N. WALKER. ELECTION OF PRESIDENT pro tem. The PRESIDENT pro tem. The Chair has received an appointment for to-day, which will be read. The CLERK read as follows: I appoint the Hon. John H. Walker to act as President pro tem. of the Constitutional Convention during this day. W. M. MEREDITH. Monday, June 16, 1873. Mr. DALLAS. I move that other business be suspended for the purpose of making a motion at this time that the present incumbent of the Chair be elected pro tempore President of this Convention. Mr. TURRELL and others. I second the motion. The ASSISTANT CLERK. A motion is made by the gentleman from the city that the business of the Convention be suspended for the purpose of proceeding to the election of a President pro tem. The motion was agreed to, there being on a division: Ayes forty-eight: noes nineteen. Mr. DALLAS. Walker, of Erie. The motion was seconded by gentlemen in various parts of the house. I now nominate Mr. Mr. DODD. I move that the election of Mr. Walker be made unanimous. Mr. TEMPLE. I second the motion. The motion was agreed to nem con. The PRESIDENT pro tem. Gentlemen, I return you my sincere thanks for the I honor you have conferred upon me. shall endeavor to discharge with impartiality the duties of the Chair until it is resumed by our proper President. The Journal of Friday will now be read. JOURNAL. The Journal of the proceedings of Friday last was read and approved. LEAVES OF ABSENCE. Mr. LILLY asked and obtained leave of absence for Mr. Long for a few days from to-day. Mr. STANTON asked and obtained leave of absence for Mr. Cassidy for to-day and to-morrow. Mr. DARLINGTON asked and obtained leave of absence for Mr. Hemphill for a few days from to-day. SALE OF LIQUORS. Mr. S. A. PURVIANCE. Mr. President: I offer the following resolution: Resolved, That the Committee on Suffrage, Election and Representation be instructed to report the following to be submitted to the people as a separate amendment to the Constitution: "The Legislature shall by general law regulate the sale of vinous, malt and fermented liquors; but the sale of distilled spirituous liquors, except for medicinal and manufacturing purposes, is hereby prohibited, the prohibition to take effect one year after the adoption of this amendment." I desire that this resolution shall lie over until next week, when I will call it up. The PRESIDENT pro tem. It will be laid on the table. DECLARATION OF RIGHTS. Mr. BIGLER. There seems to be some difficulty in the way of proceeding with the further consideration of the legislative article to day, and I therefore move that the Convention proceed to the second reading and consideration of the article on the Bill of Rights. The motion was agreed to. The PRESIDENT pro tem. The article on the Bill of Rights is under consideration upon second reading. The first section will be read. The CLERK read as follows: SECTION 1. 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 happi ness. Mr. DARLINGTON. I desire to suggest for the purpose of saving time, that if there be any members of the Committee on the Declaration of Rights present, they will state whether or not this is in conformity with the Bill of Rights in the present Constitution. Mr. MACCONNELL. This is the clause of the Bill of Rights as it exists now. The section was agreed to. The PRESIDENT pro tem. The next section will be read. The CLERK read as follows: support any place of worship, or to main- The CLERK read the next section as follows: ledges the being of a God and a future SECTION 4. That no person who acknowstate of rewards and punishments shall, disqualified to hold any office or place of on account of his religious sentiments, be profit or trust under this Commonwealth. Mr. BROOMALL. Mr. President: I move to strike out all after the word "person," in the first line, to and including the word "punishments" in the second line, so that the section will read, "That no person shall, on account of his religiany office or place of profit or trust under ous sentiments, be disqualified to hold this Commonwealth." I move that for two reasons; first, because it makes the section more in the spirit of the preceeding section, section three; and second, because I am not sure that the expression "a future state of rewards and punishments" would not exclude certain religious sects. I would not desire that to be done. The section guage. The only effect of leaving that in conveys the whole idea without that lan would be to exclude men who are honest enough to express their doubts, and therefore men who ought not to be excluded, and to let in men who are dis honest enough to lie out of their doubts, and who ought therefore to be excluded. In other words, the words I have moved to strike out are words that will keep out SECTION 2. That all power is inherent nobody that ought to be kept out and in the people, and all free governments are founded on their authority, and instituted for their peace, safety and happiness. For the advancement of these ends, they have at all times an inalienable and indefeasible right to alter, reform or abolish their government in such manner as they may think proper. The section was agreed to. The CLERK read the next section, as follows: SECTION 3. That all men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences; that no man can of right be compelled to attend, erect or will let in some who had better be kept out. It has the effect to keep out good men and to let in bad ones. Mr. MACCONNELL. I desire to ask the the gentleman a question. This section is precisely the language of the section in the old Constitution Mr. BROOMALL. I know it. Mr. BIDDLE. This is precisely the language of the old section. Mr. MACCONNELL. What I want to ask the gentleman from Delaware 18, whether he has ever heard of anybody being kept out of citizenship on account of this language in the old Constitution, and if it has not been in the Constitution 562 DEBATES OF THE Mr. BROOMALL. The argument that the words have been in the Constitution so long would have more force with me When I quote if I found other gentlemen here willing to apply it to other cases. the old Constitution and try to retain what is good in it in other cases, gentlemen seem to think the fact that the provisions are part of the old Constitution of very little importance. Upon the other branch of the question, I can only say this: That if men have not been excluded who have these doubts, it was because they disguised them and were hypocrites, and therefore ought to have been excluded. If men have been excluded by this provision, they have been men who were honest enough to confess their doubts and hence men who ought not to have been excluded. If the Sureceived acceptation of it. for seventy years without the effect he out because that is not the commonly apprehends. do damage, I have too much regard for preme Court has found it necessary to explain the language away lest it should ask them to continue explaining away the consciences of the supreme judges to plain language to mean nothing, lest it should do injury. The very reason the gentleman has given for the sentence being there is one of the strongest reasons for striking it out. But the reason I allege is this: That it will not exclude any man who ought to be excluded, because it will not exclude any man who is dishonest enough to disguise his doubts, and it will will exclude men who are honest enough exclude men who are honest enough to I hope these to confess unpopular religious opinions. be entrusted with any office, because it BARTHOLOMEW. Mr. words will not be stricken out. They have a signification and a meaning that of justice. It is well known, I suppose, become important in the administration gal proceedings are based upon the soby the lawyers of this body and other well-read, intelligent people, that all le Mr. J. S. BLACK. What class of men does the gentleman hold will be excluded under this clause? Mr. BROOMALL. I am not sure but that a large proportion of the Universalists would be excluded. Mr. J. S. BLACK. Can the gentleman lemnity of an oath, that that is the founshow that? Mr. BROOMALL. time. Mr. J. S. BLACK. Is not the gentleman next. dation-stone of all proceedings at law. dation and cannot stand. Now, it is no When I have the Without it, proceedings are without founcomes a part of the machinery whereby more than right that where a party undertakes to institute legal proceedings or belegal proceedings are enforced or carried on, he should have that within his conscience which makes his testimony or his courts is simply this: That there must be statement of some binding effect. I take in the conscience or in the mind of the it that the rule that has been held by the man a belief in an accountability to a higher power than the mere municipal power which is enforcing the law or of which he is playing a part; some other power, a higher power, a spiritual power, and an accountability in the shape of rewards and punishments, without location Mr. BROOMALL. If that is the settled Mr. J. S. BLACK. I simply wished to If that is the mean- or time. I take it that this clause is one of exceeding value, because it limits those who are to become parties or witnesses in the trial of a cause or in the holding of an office where their oath is to bind them to cases where they are officials or where discharge their duties, that in all such they are witnesses or parties there should be something in the conscience of the man which shows that the oath is not a mere sham and a delusion, but something that |