tion there will be left from thirteen to fifteen small counties of the Commonwealth. Those gentlemen who are familiar with the political character of those counties know that they are very diverse in politics. They are so territorially located that they can be attached to or taken from certain counties to which they are contiguous and thus effect ultimately the political character of the Legislature. This has been the stumbling block in the way of a fair apportionment of members of the Legislature hitherto in the history of all bills that have been passed. I remember at the passage of the last bill the committee of conference of the Legislature' sat in one of the committee rooms of the State Capitol until the grey dawn appeared, and the bone of contention was the disposition of particular small counties, for upon their disposition depended somewhat the political results to be attained, certainly the political fortunes of some gentlemen who had selfish interests as members of the Legislature. Now, sir, with this experience, knowing what has existed in the past, I am opposed to any principle which will leave it loose, and which will not determine the status of those counties hereafter. If we are to leave this thing to the Legislature, I would leave it as an entirety; I would make a simple enunciation providing for the apportionment at the end of a certain period, and then let the legislative discretion be wide and free to satisfy itself and be responsible to its constituents. I would not, however, vote for any principle which provided for the separation of counties, and allowed the Legislature to take charge of those small counties and to dispose of them as the political necessities of the times or the individual necessities of the representatives might five members shall be divided in the formation of representative districts. Mr. J. M. WETHERILL. Make it four members. Mr. BARTHOLOMEW. Make it three. Mr. MACVEAGH. It will be the liberty of any gentleman to present his views upon that subject. My friend from Schuylkill (Mr. Bartholomew) desires me to make the number three, and other gentlemen around me suggest four. I have proposed this amendment, however, and if it be voted down, then any gentleman may introduce his proposition; but it shall not be said that we had not an opportunity of fixing this matter. On this amendment I desire to say a single word. It will remove the ambiguity that gentlemen seem to see in this section. The ambiguity was considered and was not supposed to exist in it. The rule of construction in reference to the consideration of a State Constitution was supposed to be ample to cover this matter, that the Legislature had power to do what they were not forbidden to do; but this amendment relieves it of this diffl culty. It prevents the division of any county not entitled to more than five members. I do not care what the view of the Convention is on this subject; I would prefer to leave it entirely to the Legislature as the smaller of two evils; but if gentlemen desire to put in an additional provision prohibiting the division of the counties not entitled to more than five members, very well. Or if they propose to limit the division to Philadelphia and Allegheny, that can be done by an amendment. It is entirely in the power of the House to make the section very explicit on this subject. Mr. DARLINGTON. Mr. President: I cannot yield my assen to this proposition, and my reasons I shall state very briefly indeed. I think we shall be compelled to come to one of two propositions, either single districts dividing every county and every city in the State, as is my favorite proposition; or allow county representation to exist and city representation, however large. I do not see how we can, with propriety, adopt one rule for one part of the State and another rule for another. Why is it that Philadelphia ought to be divided into single districts? Because of the preponderance that she would have in the Legislature if all the members of that large community in the Legislature were of one political party. It would be better for the interests of the State that they should be divided. How can they be safely divided except by dividing them as they are now, by single districts, so that gerrymandering would be impossible, for districts of compact and contiguous territory throughout the city would necessarily ensure some members of one party and some of another party? So with regard to Allegheny and every other large county in the State. The division by township and ward lines of compact and contiguous territory cannot be formed without allowing a just and fair representation to both parties, because you cannot gerrymander under such a division. Now, this is the end to be obtained: Single districts, impossible of gerrymandering, and treating all the State alike; freeing ourselves from all idea of mischiefs in the Legislature hereafter; relieving ourselves from any notion of having ten gentlemen selected, either five by one side or five by another, or by the Legislature performing this labor for us; freeing us from all that trouble and leaving it to the Legislature, where it properly belongs, to divide the State everywhere, and in dividing counties to divide them into single districts. or else let us take the vote upon my proposition as it stands. Mr. DARLINGTON. I suggest to the gentleman that he make his proposition read that the Legislature shall be composed of representatives elected from single districts all over the State. Mr. S. A. PURVIANCE. Mr. President: If it is in order I move to amend—— The PRESIDENT. No further amendment is now in order. There is an amendment to an amendment pending. Mr. S. A. PURVIANCE. I understood the gentleman from Dauphin to withdraw his amendment. Mr. MACVEAGH. No; I offered to do it if the gentleman from Chester would present his proposition. The PRESIDENT. The question is on the amendment of the delegate from Dauphin to the amendment of the delegate from Philadelphia, which will be read. The CLERK. It is proposed to add the following proviso: Provided, That no county entitled to less than five members shall be divided in the formation of representative districts. The amendment to the amendment was rejected, there being, on a division, ayes twenty-six-less than a majority of a quorum. That is one idea, and allow me to present one other, and that is in regard to county representation. That was the favorite idea of our late President and of many other gentlemen. It is found to be dangerous, and it would be so. It would be dangerous in the county of Philadelphia, it would be dangerous probably in the county of Allegheny, and it would be useful nowhere. Therefore, I think it would not be best tion of such districts." to adopt it. Mr. BARTHOLOMEW. I propose the following as an amendment, to come in at the end of the pending amendment: I am opposed to any division of the counties into districts which looks to the representation by three or five, or any other number more than one, because it is but an entering wedge to that heresy of minority representation which has been again and again endeavored to be introduced into this body, and for which I do not believe the people of the Commonwealth are yet prepared. I cannot therefore support the amendment of the gentleman from Dauphin. Mr. MACVEAGH. If the gentleman from Chester will allow me, I will withdraw my amendment for the present, if he will introduce one for single legislative districts throughout the State, and have a vote taken on that. Let him introduce his proposition and I will withdraw mine; "Provided, That counties entitled to three or more members shall be divided into separate single districts; but no township shall be divided in the forma Mr. AINEY. Mr. President: I hope that this amendment will not be adopted. A proposition submitted to this body giving single districts throughout the Commonwealth, would incorporate a principle into the fundamental law of this State which would be commendable; but if we are to single out counties entitled to a given representation, it is special legislation; it is obnoxious in principle, in my judgment, and I cannot support it. I believe that the people of this Commonwealth are in favor of single districts, if we do not adopt the system of minority or proportional representation. I hope I may be pardoned for saying at this time that I do not believe this Convention would be in session here to-day but for the feeling prevalent in the minds of the people of this Commonwealth, that the system which has heretofore prevailed is not just or satisfactory. Experience has proven that it is defective. It has resulted in discontent and dissatisfaction in every minority district in this Commonwealth. It was to assert this and to demand reform representation that there assembled a convention of minority counties of this State in the city of Reading in 1870. The action of that convention, more than any other one cause, induced the calling of this Convention. I have in my hands, and they are very brief, the resolutions which were adopted at the Reading convention, and I will, if the Convention will pardon me, read some of them. In that convention was represented every minority county in the State on the Republican side. It was convened in a year when no State ticket was to be elected, and when it might properly assemble to give expression to the views of those who suffered under our unjust and imperfect form of representation. The resolutions are as follow: "Resolved, That the practice which has grown up in the Legislature of Pennsylvania of submitting all matters of local legislation to the exclusive control of local representatives has practically placed the local, political and business interests of minority constituencies requiring legislation at the mercy of majority local representatives, and has afforded such a continued series of wrongs and petty oppression as loudly call for reform. "Resolved, That we can conceive of no other remedy for such wrong and oppression except in a system which will secure to each local minority, as near as can be, its proportional share of local representa tion. * "Resolved, That we recommend the passage of an act of Assembly providing for a Constitutional Convention to be composed of members elected on the principle, and to such convention, in making the many constitutional reforms so loudly demanded for years, we respectfully recommend that the principles of minority representation be embodied in the new Constitution of Pennsylvania." That Convention appointed an executive committee Mr. BARTHOLOMEW. If the gentleman from Lehigh will allow me, I will modify my amendment and make it, "counties entitled to two or more." That will bring the question squarely before the Convention as to single districts. Mr. AINEY. I am very glad that the gentleman has modified his amednment; in that form I will vote for it; but I have just a single word more to add. The PRESIDENT. The question is on the amendment to the amendment as modified. Mr. AINEY. I was about to state that the Reading convention appointed an executive committee to wait upon the State Legislature Executive and upon the which should assemble in 1871, to bring this matter to their attention. That cominittee it the discharge of its duty waited upon the Governor and Legislature-at least saw the leading members of the Legislature. It demanded this Constitutional Convention in order to reform the system of representation which then prevailed. I allude to this fact partly because gentlemen have from time to time risen here and said they had never heard any complaint from the people about the present form of representation, claiming that the people were very well satisfied with the existing system. These gentlemen must have been enjoying a Rip Van Winkle sleep. The people are not satisfied with it. At that time the press throughout the State quite generally united in demanding reform representation. The Governor in his annual message to the Legislature following the Reading convention, recommended the calling of a Constitutional Convention, and alluded to the evil which had grown up in the Legislature and which prevails to-day, of allowing all local legislation to be controlled by the local member, as one of the reasons why reform representation was demanded. Citizens of the largest influence, the largest tax-payers, most deeply interested in local legislation, which may unjustly affect them, have no voice whatever. If they appeal to the Legislature upon grounds of principle and right, they are told that by courtesy the local member from the district has this wholly in his own hands, and it would be a breach of courtesy for any other member to interfere. Owing to local political jealousies and animosities, the grossest wrongs are sometimes practised by the local member in the enactment of local legislation. Now I believe if we had representatives of the two parties from each county in the State, or as nearly so as we can-in other words, a better system of local represen tation-this evil would to a great extent be remedied. Next to proportional representation I am in favor of single districts. I will vote for any fair proposition which will make single districts. Understanding this to be the effect of the proposition of the gentleman from Schuylkill, I will vote for it. I think a better system of local representation is demanded by the people of this Commonwealth. Anything less will not meet the necessities of the times or the wishes of a large portion of our population. Mr. MINOR. I find, sir, in looking at the figures, that the proposition of the gentleman from Schuylkill will leave the Legislature to manipulate representatives by dividing twenty-nine or thirty counties of the State, as that number will have two or more representatives. Now, if any man can tell me how we are going to avoid the evils that have been rampant in the past on account of distributing the representatives among the several counties, by carrying the same discussion and difficulty inside of the county lines, then I shall be able to see some improvement in the pending proposition, but not till then. How can the Legislature decide in regard to the division of a county as well as it can as to divisions among counties themselves? By this proposition we are introducing all the evils of the past, which we need not to depict or repeat, for we understand them. We are introducing all these into the Legislature in a worse form than they have ever existed hereto fore. move an I will not go further upon that point, because that is simply the fact and those are the figures. Yet, as to the large counties I feel disposed to leave the subject to them; and I will take the liberty of making a suggestion-I cannot amendment at this stage, of course. If we leave all the counties sending three or less representatives to vote by general ticket and not by single districts it disposes of sixty counties of the State. It then becomes so far self-adjusting, and there are but six to be arranged in such manner as those six or the Legislature may desire. If we make it four it reduces the number down to five, whereas if we vote in this amendment it increases the number to twenty-nine or thirty. Now, sir, I am not specially enamored of that proposition, yet I will say that it seems to me if we stop anywhere we should stop at the number three, because it settles so many counties; and as to the five or six beyond that I am willing to vote, if we know what they desire, just as they wish. The PRESIDENT. The question is on the amendment of the delegate from Schuylkill (Mr. Bartholomew) to the amendment. Mr. MACVEAGH. On so important a question as that I hope we shall take the vote by yeas and nays and settle it once for all, so as to get it out of the way. The PRESIDENT. It requires ten gentlemen to second the call. The yeas and nays were ordered, ten members rising to second the call, and were taken with the following result: YEAS. Messrs. Addicks, Ainey, Alricks, Baily," (Perry,) Baker, Bannan, Bartholomew, Bowman, Collins, Corbett, Darlington, Davis, De France, Dunning, Edwards, Ewing, Fell, Finney, Fulton, Green, Hanna, Horton, Lawrence, Lilly, MacConnell, M'Culloch, M'Michael, Palmer, G. W., Parsons, Patterson, D. W., Patton, Reynolds, Runk, Russell, Smith, William H., Turrell, Van Reed, Wetherill, J. M., White, David N., White, Harry and White, J. W. F.-41 NAYS. Messrs. Baer, Bailey, (Huntingdon,) Broomall, Brown, Buckalew, Bullitt, Bardsley, Biddle, Black, J. S., Boyd, Campbell, Curry, Curtin, Dallas, Dodd, Ellis, Funck, Gibson, Guthrie, Harvey, Hay, Hemphill, Howard, Hunsicker, Landis, Littleton, Long, MacVeagh, M'Camant M'Clean, Minor, Purviance, Samuel A., Read, John R., Reed, Andrew, Rooke, Sharpe, Smith, H. G., Smith, Henry W., Stanton, Struthers, Wetherill, John Price, Woodward, Worrell, Wright and Walker, President-45. So the amendment to the amendment was rejected. ABSENT.-- Messrs. Achenbach, Andrews, Armstrong, Barclay, Beebe, Bigler, Black, Charles A., Brodhead, Calvin, Carey, Carter, Cassidy, Church, Clark, Cochran, Corson, Craig, Cronmiller, Cuyler, Elliott, Gilpin, Hall, Hazzard, Heverin, Kaine, Knight, Lamberton, Lear, M'Murray, Mann, Mantor, Metzger, Mitchell, Mott, Newlin, Niles, Palmer, H. W., Patterson, T. H. B., Porter, Pughe, Purman, Purviance, John N., Ross, Simpson, Stewart, Temple and Wherry-47. Mr. S. A. PURVIANCE. I now move to amend by striking out in the fifth line the following words: "Unless its population is less than three-fifths of the ratio." It will then read: "Every county shall be entitled so one representative." I will state that I offer this amendment for the purpose of again calling the attention of the body to what has been repeatedly decided; that is, that each county in the Commonwealth shall be entitled to a representative. I hope that the attention of members will be given to it when the yeas and nays shall be called as a test vote. Mr. MACVEAGH. I trust the call for the yeas and nays will be sustained upon this question, whether each county, without reference to population, shall have a member, and that we will then stand by the result of this vote. The PRESIDENT. The question is on the amendment of the delegate from Allegheny (Mr. S. A. Purviance) to the amendment, upon which the yeas and nays are demanded. The yeas and nays were ordered, ten members rising to second the call, and being taken, resulted as follows: YEAS. Messrs. Alricks, Baer, Baily, (Perry,) Bailey, (Huntingdon,) Bannan, Bowman, Boyd, Brown, Calvin, Carey, Collins, Curry, Darlington, Dodd, Ewing, Fell, Finney, Fulton, Funck, Guthrie, Hall, Hay, Horton, Howard, Hunsicker, Landis, MacConnell, M'Camant, M'Clean, Minor, Parsons, Patton, Purviance, Sam' A., Reed, Andrew, Rooke, Runk, Russell, Sharpe, Smith, Wm. H., Stanton, Struthers, Turrell, Van Reed, White, David N., White, Harry, Woodward, Worrell and Walker, President-48. NAYS. Messrs. Addicks, Ainey, Bardsley, Biddle, Broomall, Buckalew, Campbell, Carter, Cochran, Corbett, Curtin, Cuyler, Dallas, Davis, DeFrance, Dunning, Edwards, Ellis, Gibson, Green, Hanna, Harvey, Hemphill, Kaine, Lawrence, Lilly, Littleton, Long, Mac-Veagh, M'Culloch, M'Michael, Palmer, G. W., Patterson, D. W., Read, John R., Reynolds, Smith, H. G., Smith, Henry W., Stewart, Wetherill, J. M., Wetherill, Jno. Price, White, J. W. F. and Wright--42. ABSENT. Messrs. Achenbach, Andrews, Armstrong, Baker, Barclay, Bartholomew, Beebe, Bigler, Black, Charles A., Black, J. S., Brodhead, Bullitt, Cassidy, Church, Clark, Corson, Craig, Cronmiller, Elliott, Gilpin, Hazzard, Heverin, Knight, Lamberton, Lear, M'Murray, Mann, Mantor, Metzger, Mitchell, Mott, Newlin, Niles, Palmer, H. W., Patterson, T. H. B., Porter, Pughe, Purman, Purviance, John N., Ross, Simpson, Temple and Wherry-43. Mr. DARLINGTON. I move to amend by striking out and inserting the following Mr. J. PRICE WETHERILL. I ask for the reading of the amendment as amended. The PRESIDENT. The amendment as it stands will be read. The CLERK. The section as amended reads as follows: "The General Assembly shall apportion the State every ten years, beginning at its first session after the adoption of this Constitution, by dividing the population of the State as ascertained by the last preceding census of the United States, by the number one hundred and fifty, and the quotient shall be the ratio of representation in the House of Representatives. Every county shall be entitled to one representative. Every county having a population not less than the ratio and three-fifths shall be entitled to two representatives, and for each additional number of inhabitants equal to the ratio, one representative. Counties containing less than three-fifths of the ratio shall be formed into single districts of compact and contiguous territory, bounded by county lines, and contain as nearly as possible an equal number of inhabitants, or where there is not sufficient population in counties having less than three-fifths of a ratio which are adjacent to each other to form a single district, such county shall be annexed to any one adjoining county, and the district so formed shall be entitled to the same number of members as if it consisted of a single county." Mr. MACVEAGH. I submit now that the vote just taken disposes of the last section of this proposition, and therefore I trust consent will be given to withdraw that. I move to amend by striking out the section of the proposition commencing "Counties containing less than threeSo the amendment to the amendment fifths of the ratio shall be formed into was agreed to. single districts," &c. |