THE TELEGRAPH IS PIIBLLSHED EVERY DAY, (SUNDAYS EXCMED,) By GEORGE BERGNER TERMS.—Stsout Straeourrnoa The DAILY Taironarn is served to subscribers in tit,: eorough at 6.X cents per- week. Yearly subscribers sill be charged $4.00. WiMELY &RD Svc...Visesa lautesass. - . Toe Tinicisavn is also published twice a week during toe session of the Legislature, and weekly during the re minder of the year, and furnished to subscribers at the »Bowing rates, viz: single Subscribers per year Seven 44 :4 Ten !Hi LAW or biltWBP/Mißli t subscribers order the discontinuance of their news papers, the publisher may cqatinue to s etet them until 4'l arrearages are paid. If subscribers neglect or rottlea to tato their newspa pers from the office to which they aro directed, they are responsible until they haw- sottlail the lAN sod ordered theta alsoontlimed Pennsylvania Legislature SENATE FRIDAY, April 12. The Senate was called to order at 10 o'clock; A. K, Mr. PENNEY in the Chair. Prayer by Rev. Demi. (less. On motion of Mr. IMBRIE,, the reading of the Journal was dispensed with. PETITIONS pnEsmiTRD -Mr. NICHOLS presented a remonstrance of citizens of Philadelphia against the passage of the bill to incotporate, the Navy Yard, Broad street and Fairmount Passenger Railway Com pany. Referred to the Committee on Railroads. Mr. SERRLLL presented a petition of citizens of Chester county, in favor of a law, authorizing the erection of State scales in the twenty-fourth ward of the city of Philadelphia. Referied to the Committee on the Judiciary. prtition of citizens of Chester and .Dalaware counties, in favor of a new school district near the line of said counties: Referred to the Committee on Education. Also, a remonstrance of similar import Referred to same Committee. Mr. THOMPSON presented. three petitions of citizens of Montgomery county, inlavor of the repeal of an Act abolishing the office of sealers of Weights and Measures in said county. Referred to the Judiciary Committee. Mr. CLYMER presented two petitions of citi zens of Maidencreek township, Berks county, in favor of the passage of an Act to prevent the running at large of cattle, horses, hogs, &c. Referred, to the Committee on Agriculture, &c. Mr. BENSON presented a petition of citizens of Lock Haven, Clinton county, in favor of a law to'authorize the banks to issue small notes. Referred to the Committee on Banks. Also, one of similar import from citizens of Jersey Shore, Lycoming county. - . Referred to the Committee on Banks. Mr. GREGG presented a petition of citizens of Williamsport, Lycoming county, in favor of an Act requiring the resumption of specie pay ments and authorizing the issue of small notes. 'Laid upon the table. ' Mr.. BOUND presented a petition of citizens of Columbia county in favor of a law to tax un seated lands for the support of the poor. • Referred to the Committee on the Judiciary. Mr. CRAWFORD presented a petition of citi zens of Juniata county in favor of law for the destruction of noxious animals in said county. , Referred to the Committee on Agriculture and Manufactures. • Mr. HALL presented a remonstrance of Citi zens of Cambria county againstthe bill to allow the Commissioners of said county to borrow money. Laid upon the table. Mr. IRISH presented a remonstrance of citi zens of Allegheny county against the passage of a supplement to au Act to incorporate the Pittsburg and Steubenville Turnpiae Road cora- PanY• "Laid upon the table. REPORTS PROM STANDING COMMITTEES. Mr. CONNELL, (Corporations,) as committed, House bill No. 864, entitled sal Act to incorpo rate Cove Lodge, No. 868, Independent Order of Odd Fellows. Also, (same,) as committted, Howe bill No. 867, entitled a supplement to an Act to author ize the Governor to incorporate the Mauch Chunk Water company: Mr. DOME, (Election Districts,) as commit ted, House bill, No. 1019, entitled an Act to change the place of bolding elections in Perry township, Snyder county. Mr. FULLER, (aims,) as committed, House bill, No. 1076, entitled an Act to ohange the place of holding elections in Texas township, Wayne county. Mr. MEREDITH, (Agriculture and Domestic Manufactures,) as committed, House bill No. 1074, entitled an Act-relating to the killing of game in Adams county. Mr. HAMILTON, (Roads and Bridges,) with a - negative reCommendation t House bill No. 1088, entitled an Act to appoint viewers to var cats part of a certain road in Juniata county. Mr. THOMPSON, (same,) as committed, House bill No. 627, entitled an Act to lay :out a State road in Barks and Lebanon countids. , Mr. 'FULLER, (Compare ; Bills,) presented a -report which wag read and engrossed upon the official records of the Senate. Mr. THOMPSON, (New - Counties, &c.,) as committed, an Act.tei run and fma portion of the boundary lino - between! Columbia and Lu zerne counties. Mr. SMITH, (Judiciary,) as •cosataitted, an Act supplementray to the penal code, passed in 1860. Mr. NICHOLS, (Militia System* as conunit tedl, House bill No. 891, entitled an Act to change the name of the first Regiment of Artil lery, lint Brigade, Pennsylvania Militia. Mr. GREGG, (Railroads,) as committed, House bill, No. 788 entitled a supplement to an Act to incorporate- the Phillipsbiirg and Waterford Railroad cempany. REPORT Or A SELECT OOIUE=R. Mr. M'CLURE from the Select Committee to which was referred the Govornor's message re lative to arming the State, presented the fol lowing_report, viz : To Hon. R. M. Palmer, Speaker of the &see: SlR—The-undersigned, a select committee to Which was referred the message of the Governor relative to the militia of the. State, with in structions to confer with a similar Committee fotan.the House of Representatives, and report by bill otherwise , repott that they have die charged the duty assigned them, and that the ,Joint Committee of the two Houses have unani mously concurred in a bill for the better organi zation of the militia of the Commonwealth, which bill will be promptly reported to the Singe of 'Representatives for its consideration. A. K. M'CLPRE, JEREMIAH NICHOLS, ' ,IOIEL.N . P. PENNEY, JEREMIAH SCRINDEL L LEWIA W. HALL, Harrisburg, April 1861. REPORT Or A 001IVITME Or CONFERENCE. , Mr. IRISH, from a committee of conference, presented the following report : Thecommittee of conference appointed by the Senate to confer with a similar committee appointed by the House of Representatives, on the subject of the difference between the two Houses on bill No. 104, on the file of the House, entitled "an Act relating to executors and other trustees," have adopted the following report : That the Senate be recommended to recede from so much of the amendments made by the Senate, as strike out the first section, and that the said section be amended in the twentieth line by adding after the word "Judge" the wordit, "and one Associate Judge in Tiacation," and ill the•tirenty-first line by striking. 9;104 1 //r • -. 'LI fris/*., -.....\11f., s , . . ____—_-_,,....-j , . alt 1;1- V.. ,„ , _ ll' _________ __,.. e. ,,k. : ,,,,,. 0,....../•• ~:._ ,z.,_..,c.,,,...... .i.. 4: '_,--•:':' ''---`= . . $ 2.00 12.00 15.00 VOL. XIV. words "President Judge,"• and insert after the word "said," the word "Judges." And that the House concur in the amendm'ents made by the Senate, introducing an additional section, and the same be made the second section of the bill. Buss Baez. IN MACS Mr. BENSON read in place an Act authori zing the Ormunissionem of, Fetter county to borrow money. Referred to the Judiciary Committee. Mr. CRAWFORD, an Act relative to the de struction of certain animals in Juniata county. Referred to the Committee on Agriculture and Domestic Manufactures. - • Mr. GREGG, an Act to divide the borough of Williamsport into two wards Referred to the Judiciary Committee. Mr. CONNELL, alurther supplement to the Act incorporating the city of Philadelphia. Referred to the Judiciary Committee. Also, an Act to enable Edwin W. Lehman, executor named in the last will and testament of James A. Lehman, to, sell and convey certain real-estate. „ - Referred to the Committee on Estates and Escheats. Mr. FULLER, an • Act to • incorporate the Sewickley Mutual Fire Insurance Company. Referred to the Committee on Corporations. . Mr. WELSH; for M.r. - Paracsa, an Act to regu late the selling of second-hand iron, &0., in Schuylkill county. . . Referred to the Judiciary Committee. Mr. SERRILL, an Act to, prohibit. the impor tation of. porgies and sea bass into Philadelphia and other ports tuijecent at improper seasons. Referred to the Judiciary Committee. ANIECOMT3 TO THE' STATE .CON,ST/117TION. Senate bill No. 127, entitled -" Resolutions proposing amendments to the Constitution," came up in order on second, reading. The first, second and third sections were, read and agreed to. -The fourth section was read. Mr. YARDLEY. I move to amend by strik ing out, in the second line, the words "grant ing or." I am of the opinion that the case herein set forth is entirely covered by, the first section. - ' Mr. FINNEY. In 'explanation of 'the section I would state that the Legislature of the State of New York, as long ago as 1826 or 1830, passed a general banking law; and in 1846 they I found it necessary to enact such a clause as the one now before this Senate, in order to-prevent an extension of special privileges. ,Tlic object of the section is to eVentually, bring all special charters under the 'general law. - I perceive the force o the , objection made by the Senator fro e. Bucks, ,(Mr. Yamnirk,')..and am willing 'that the words" ndieated shall be stricken out. Mr. GREGG. I suggest that under the ope ration of this section; thohe ,banking institu- tions which desird to have their Charters re newed under the banklugiystem lately inaugu rated in this State, could not :obtain suciva re newal. _ ' - FINIsTEY. I call the attention of the Senator from Centre to the fact that this sub ject is to be passed to the Leglaliataire. of next year, and' then to, the ,people, which -process will occupy about, three years. If the next Le gislature, and then the people agree to the amendments, their enactment will ,be neces- , nary. And if banking -Institutions desire to be 'chartered under thq preient law there is noth ing to prevent them, as, they Will have add ' cient time. The amendment Was then agreed to. The section as amended - was agreed to. The fifth section. was read. On nuttion of Mr. WELSH,, some ,•verbal amendments were made M the Beetion. Mr. HALL.. There are t wp distinct proposi tions embodied, in this,section- 7 the last' of : which, relative to calling the yeas and nays upon the final pumice, of every. 61.11, ' , believe to be right and proper. The firstof tliese . pro-• positions requiring that 'a.majority of all the members of the Senate and Hpuss,(whether or not those bodies contain their full ecimplement,) shall be recorded in favor of the, Pa/sezepf each bill which 'becomes a' law, I believe, is not right. I move to amend by Striking out all that part of thereetion whi.ch - requires that no bill shall become a law =Jeri it receives thee votes of & majority of, the members of the Sea ate and-HOuse of Representatives. Mr. WELtH. I trust that the amendment. will not prevail." Lao not intend to comp) , the Senate by any dhoussion -on- this point, as" think its propriety, or > impropriety will• strike this body.at a,glanco. Its, object is to require that, upon the final wimp of each bill, there shall be seventeen votes recorded in its favor in the Senate, ,and fifty-One votes in the House. Several of the States have emended their con stitutions, in order to provide fortiiiistune par pose. I have before me the constitution; of the State of Ohio, in the ninth section. of the second article of which, is set forth the following pro vision,: , "Searles 9. Each Heine shall keep a correct' journal of its proeeedMge, which - , shall be pub lished. At the &she of any two members" the , yeas and nays shell be -entered upon the put= nal, and on the passage of every bill, in either Clouse, the vote shall be taken by.yeas and nays, and entered upon'the journal, and no law shall be . passed, in, either HonsilN, without the concurrence of *Majority of all the members elected' thereto." _•• • ' I have received several letteri from citizens of Ohio and Maryland, (in, thelAgialattires of both of which States a similar provision pre valls,) in reference to this subject- - • In the Legislature of Maryland, the, yeas and nays must-be required upenthefinal passag,e of every bill, and it requires ; apertsdn -number of votes—the consent of,"„bolieve, twelve, Sena tors -a-to passevery hill, • The inferniation which' I have received from these States is, that the object has worked most benefielelly, in the Le gislature, that the effect of its operation is to compel members to, .be more the- and care ful, not only as regards the votes they may give, but with referenceto thedischarge of their legislative duties. I believe ; that if this See tion is added to the, Constitution of our State, the result would lie that' while members of the Senate and llonsesvere faced by a strict sense' of duty, which would show itself upon the re cords of the Senate and House, to attend faith fully and with more assiduity to the labors im posed upon them. by their Constituents, the sessions would be shortened,' and the expenses of the Legislature greatly diminished. If the object designed by thiegection be accomplished, it would, certairdyleacidevement of great consequence atilt - ititpeiquace ' to the' people of Penneylvardaoacif only in 'shbitening the ses iion. tuad.preVentinglinwise, hasty and unjust leeslation E lm i t tO•like #,Rpr ; time, WOO e-Vetr,6o.;Pbttteol9vgFßoltr• I see no ; ./400:94 itILY-ul” 3 4tion . of- the ge4tOr .from "INDEPENDENT IN ALL THINGS-NEUTRAL IN. NONE." HARRISBURG, PA., TUESDAY AFTERNOON, APRIL 16, 1861 ELIAS H. IRISH, MAELLON YARDLEY, Hi:ESTER-CLYMER, Renate Committee Blair should prevail, as the whole section ap pears to use to be wise and proper, and I hope it will meet the approval of the Senate. Mr. HALL. The amendment to the Consti tution suggested by the. Senator from Crawford met the approbation of the. Committee on the Judiciary, although it was not reported iby : them, being acted upon by the Senate before they.had time to -report. The amendment of the Senator from Yorkdid not meet their ap probation. .... The SPEAKER, pro tent. The Chair deSires to . correct the Senator. No resolutions on the sub ject have been reported by the Cominittee. Mr. lIALL. I have not so stated. I was merely referring to the opinion of the Judiciary Committee with regard to the amendments. I am opposed to the first part of this section for the reason that it is anti• Democratic- anti- Republican, and contrary to that principla of our Government which says "the majority shall rule." I propose to show this. With re gard, however,' to the latter portion of the sec tion, which.provides that on the final passage of every bill, in each branch of the Legislature, the yeas and nays shall be called, I am inclined to believe it is right. The Senator from YOrk says that all that is necessary for the passage of a bill is that seventeen Senators and fifty-One members of the House vote for it. I would call the attention of the Senator to the &et that although sixteen votes may be recorded in favor of the passage of a bill, the absence et one vote may defeat the measure. Does the Sen ator propose to sit here and vote all the tinie Because the Maryland Legislature may see proper to have a constitutional enactment re quiring that unless ten Senatnrs shall do so and so, all the rest - of tire - Senate cannot do so, is no reason that the Pennsylvania Legislature should be conipelled.to act likewise. lam opfaised. to the section because I- believe:it to be contrary ; to that principla_of eurgovernment which says that the majority ; shall rule. At any time at all, it leaves a factious minority, no matter how full the Senate may be, if it' dims not happen that seventeen _votes are cast in favor of. a measure, to defeat it. - Mr. WELSEf. - The Senator from Blair states 'his objection to a portion ofthis section to be based upon the sopposition of its being anti- Democratic and anti-R.ePublican. Now, I think this part of the section is entirely Democratic. I do not know, however, whether it is oither Republican or anti-Republican. . The presumption of the people of PennsYl vania, is that when'they elect Senators atid Re. presentatives to the Legislature of Pennsylvania, those officers thus elected will occupy seats on, this floor' and attend' to the businew before them. The presumption is that there is always thfrty-three gentlemen upon the 'floor of this Senate and one hundred in the Howie of Re presentatives, and that it-requires but afiimple majority 'of the number elected by the people, and supposed` to be - here at all times, unless, prevanted iby some 'extraordinary oalfse—thii presumption is that it simply requires a-majori ty of the number elected to secure the passage of any bill. As regards that point, I think the section is eminently Democratic. ' .But the main point .whieh I haye to, make. is that which I have already-stated—the necessity for each Senator and Representative to be at his' post, discharge his duty and get away from the seat of government as soon as ,he ; possibly den. I think that the amendment:to the 'Constitu tion proposed by myself, will- have that effect. It has worked in the most salutary mariner in those States in which it has been tried. The. Constitution of the State of Ohio, which I have read_carefully, provides it number .of other Safe guards in- reference to Legislation, which would be wise and well for the people'of Pennsylvania should they insist on having them incorporated in the Constitution of this. State. Mr. FINNEY. In treating of questions of organic law, we should talk about things as they are.' Party considerations have nothing to do, with. this question whatever. I regard it as eminently Republican;; for this country is a Republio—it was: never a Democracy, , though unfortunately there has , been for a long time "a party in this country called the Democratic party. Rut this, is a Republic ; and the theoiy of a Republic is a representative government. • The section- proposed as :an.amendment by .the Senator. from York , provides that:the - laws passed by the representatives of the people shall reflect the sentiments of each portion- of the State. This idea--,is certainly Republican, whether Democratic or not. If the amendment of the Senator of which lam very much in fa vor, be sustained, then in the enactment of every law each portion of the State is repre sented. Some .one portion • may ,be mis yepresented, or it may be properly rep .resented,: still it is represented ;according to Republblan principles, which are that the repre sentative is elected in order that he, may exer cise his judgment upon the passage of every Act. His' constituents have chosen him because:of a real or supposed capacity to dis charge the functions of a iegislator, in accord ance.with a„Republican government, and when .his vote is cast upon the::passage of a bill, he represents that constituency, whether they agree with-him or not. When we are all re quired to vote, it will obviate or remove to a great extent, this system of shirking re sponsibilities with regard to legislation, and will develope a Republican system-call itDern 9cratic or what you please. 'I am not speaking now in a party sense. There can: be no loss of time in consequence of the adoptiOn of the proposed measure, be cause if these amendinents are austaMed, the bu siness of legislation will be considerably short ened and members will have plenty of time and can afford to go'through with the operation of calling the yeas and nays upon the final passage of every=bill. Many of the evils that result' from this system of covering up the actions of members---of avoiding responsibility, when their conscierrce does not- allow them to vote for a meaaure, and is weak enough to cause them to avoid taking the responsibility of voting at all, would be avoided under the operation of these provisions. On every prin ciple' of leOislative morality and Republican doctrine—:or rather Republican . principles of government—l think this amendment ought to be adopted: Mr. HALL. I did not anticipate that' any Senatof would suppose .I had referred to this matter in a party sense. Mr. PINNEY. "I 'desire to explain. I bad no reference to the Senator froth Blair, but was merely stating a general proposition. , Mr. HALL. If the Senator stated a general proposition, then it had nothing to do with the subject before the Senate. I spoke of thisprin ciple as-being contrary to those on which the Government of any Republican or Democratic country is to be founded or of any country governed by the'Peophs where the will of the Majority must prevail, which I think should always be the case`in assemblies of the repre sentatives of the people, I desire to ask the Senator from-York a quei , ton, and Iput it to the judgment Of 'the; •Sen-' ate. Suppose there are twenty Senettes; here to-day, and on the final passsge of .a bill which is in charge of the Senator from Huntingdon or some other-Senator, sixteen votes are record ed in itslfavor:and four against it, would the defeat of that bill be' ccording to Democratic, Republican or, any other principles that are right? The Senator from York seemed to think that the latter portion of this section was ac cording to a Democratic idea and did not pos sibly partake of a Republican nature. seemed to be• hinting at party. • Mr. WELSH. I rise to explain. I - did not hint at a question of party, in any manner. The Senator himself presented that featurel of this discussion; by, making some insinuatl3ns relative to ,Democratic . principles. Ido not know whether or not he referred to party. The Senatdr asks a-question,.,tbat if twenty Senatcas being ptesent and a bill receives teen votes on its finalpassage and four in op position to it, would the defeat of that billibe in accordance with right principles'? In the beginning of my remarks upon this bill, I stated that, if the meoure was adopted it would require the attendance of twenty-three instead of twenty Senators. That is, the object of:that portion of the section whiCh I have offereti as an amendment. . HALL, Does the Senator from York be tieve that the.history of past sessions Presents any grounds upon which an expectatiOn can, be based that by a method of this character he can Compel the attendance - iif every Senator all the time ? Can :We by any legislative enactment make every Senator'be.present.all the - .time?— The Senator finin CrawfOrd (Kr.' Fir) cer tainly does ?apt think so. - The portion of the section to which T refer would not, have any ether, effect than that 4of alloiiing a factious and small majority of four todefent the Passage of any bill in favor of which sateen votes are Ire cerded. • . The - Senator frem York, says that I have raised _a party question by talking about the DemoCratic• party. I did not say anything abOut that,political party. " Mr. WELSH; T said that the Senator alluded to anti-llepublican and anti-DemOcratic princi ples. Ido not know , What lie meant—whether he referred to existing parties, or Whether in an abstraCt point of view. Mr. HALL. I did not refer to the Republi can or Democratic party. But if the 'Senator from York chOoses to place hiniself, witli - regard to this particular question, in the position of fiacring anti-Republican princiPles or anti- Democratic principles, then • I have nothing further to say. Mr.. WELSH. I desire to explain. The Senator from Blair stated, .a moment ago, that he had,not alluded, to this as a party question ; but now, when he thinks he can•make a point, he turns around, and takes se different positihn. Mr. HALL. :I considerthat Democratic prin ciples and Republican principles are synony mous terms; arid: aid I wish them applied to any Party, It WOhld be to the party to wag'. I have the honoitebelong. , But I say, that it is wrong for a small minor ity to control the will of the majority. The final adoplikon:nt ieetion; is-ran- amendment to the constitution; must have that effect if it does not prodUce the other effect of compelling the attendance of every Senator dining all the time the:Senate is in session. • -Kr. FINNEY. It is no answer to an argu ment to cite an extreme case.. Now,.the ex treme case of sixteen Senators in this body Vot ing for a measure and one defeatirig the action of the whole sixteen is barely:suti3osable. It ht a case which, whenever it shalls occur, will be found.to be right and proper; bemuse, no law ought to pass when thereare but seventeen Senators present; and that factious minority is doing its duty perfectly well When it prevents such a course. Mr. HALL. I desire to ask a question. Sup pose there are twenty-nine Senators here, as has been the case one hundred times this session; suppose thattfteen Senators vote in favor, of the passage of a bill, and fourteed against: it, should the bill be defeated because the other two Senators, Whose votes would" be necessary in order to make a majority; of the Senate, did not'attend? Mr. FINNEY. I think so. The principle that'l have mentioned is then asserted. pr-, dhuirily in legislation, there would be no diffi culty, because the great majority of the.' bills proposed do not meet with any particulex op= position'. Theygenerally have the consent' cif.a majority ot the' Senate, when. thete may,be but eighteen Senators present ; but Where there is 'an honest difference of sentiments with regard to a -laiv which 'to afflict the whole of the people of the State. There is no impropriety in having a representation Of the entire pedple in the passage of that law, when it shallbeceme so, and the misfortune of one or two'memllers being;absent cannot be provided against. Wears aware of.the imperfection Of human institutions and the impossibility of Making.a mere ma chine out.of "anything - that' depends upon hu man action. We'niay make a Machine to do a thing exactly in accordance with certain ed laws, "but when we come to eat together ds a body.politic, we'never can - reduce our action to to syStem of a mere machine. We cannot de vise anything that would be exaaly perfect Which is to depend upon the combined action btmen; but weiwillapproidrnate as near aslwe can to the prineiple government whichlwe wish to sustain. It has been asserted 'by the Senator from 'York, that in the ligislateres b£ other other States,' no fault haa - been with regard to •the existenceof such 'an amend, went as he proposes, and that it 'is in amord time With the idea of a republican form of go vernment. I think the subject ought to I be' seriously considered by the Legislature with a view 'to the main principle of a republican gOveminent; which is, representation in legis lation: . ; Mr. IRISH. It seems to me that the objec tion of thZ Senator from Blair, in the extreme sulaitikin to which he has resorted in order to find excuses for adopting a system of this kind, would - apply, to the present Constitution. Under our danstitution as it now stands, it is in the power of ten individuals, constituting a portion of a law making body; to defeat the will of one hundred and twenty-two members of the Legislature. If the House should pass a bill unanimously, and twenty-one members of this Senate Would vote in favor of it, it would' be in the power of the Governor and one mail in the Senate, to.defeat the will of this large number of.the, mbers of the Legislature. 'The adoption' of this'aystem would be merely carrying 'out the theory of checks and:balances,. and of proper safe-guards against improper le gialation, which has been already inaugurated in the Constitution. It is only adding anothd useful feature to what already exists. Mr. HALL; The veto power placed'in the hands of the Governer of Pennsylvania has al- , ways been , irCigarded hymen everywhere as avert' dangerous, power ;ought and to be very sparingly' used. I ell:adVtlierefore, make no argument in • fever of it;433.lmswer to my Iriehd front Alle ! gheny: -Bnt.the extreme case tirat:Lhave cited, ansvrered ligithe Senator from Omyvford,as,weil as the Senator from Allegheny, does not an swer any of the other questions at all. Sup pose that forty-nine men voted in favor of the passage of a bill, in the other House, and forty eight against: It is not a law, and why? •Be cause a minority of three choose to stay away. Does not this amendment to the constitution allow a small minority to stay away - for any purpose whatever, in orderthereby to gain their purpose? Does it-not allow that small minori ,ty, who leave the Hall, if you please, and do not choose to vote, to control the Will of those ninety-seven members? litr. WELSH. The Senator from Blair, is talking about the will of ninety-seven members. According to his own statement of the case, forty-eight of the members of the House present are opposed to a particular bill• and forty-nine in favor of it. Mr. HALL. But a majority of the whole House, (a portion of the members being absen at the time,) are in favor of the passa g e of the bill, and it should therefore be passed. I sub mit whether Ibis amendment to the Constitu tion ought to be adopted in view of these facts. If the amendment would have the effect of producing the constant attendance of every Senator on this floor, and of every member of the lower House, I would vote for it,-because then the majority would govern in all cases ; but is there a Senator here who thinks that it will have that effect? How many bills have been passed this session by a close vote which did -not get the votes of seventeenaSenators ? Reverse the proposition, and how many bills would have passed if they had not got seven teen votes ? Mr. FINNEY. It appeafa to me that the ar gument of , the. Senator from Blair with regard to majorities, is wrongly conceived. If this Section passes, it will require always a majority of the representation of the whole State, to pass a bill. At present, a bill may be passed by a majority of the number of Senators present voting for it, without respect to whether or not a portion of the Senate is absent. This amend ment to the Constitution proposes the Demo cratic idea of a majority, considered in the light of a representation of the whole State. With regard to majorities, practicable and proper ideas should obtain, in the passage of laws af fecting the people of the whole State. On. the motion of Mr. RALT,, to amend the fifth section, The yeas and nays were required by Mr. HALL and Mr. WELSH . , and were as follow, Yncs.—Messrs. Benson, Connell, Fuller, Hall, Hamilton, Landon, Meredith, Nichols, Serrill and Palmer, Speaker-10. NAYS.—Messrs. Blood, Boughter, Bound, Clymer, Crawford, Finney, Gregg, liestand, Im.brie, Irish, Lawrence, Mott, Parker, Penney, Roth son, Silliudel, Smith, Thompson, Welsh and Yardley,--20. So the antendment .was not agreed to. BRIE. I move to amend by inserting the word "public" after the word "every" in the fourthlMe of the fifth section. MY reason for offering the amendment is this: I believe that - it Willbe taking up too much of the time:of the:Legislature to call the yeas.and nays upon (every little bill, especially in the House,of. . Representatives, whore it takes con siderable time to go through with that process. -If. •tide amendment does not pass, the yeas and nays will have to be balled 'upon every bill, no difference whether any objection be made to its final passage or not,;'hence the time of the Le gislature is unnecessarily taken up at the ex pense of the Commonwealth. If any bill is ob-' jectionable it is very easy for Senators to call the .yeas and nays. Hr. RAM. If thissection is adopted at all, it should be without any distinction between public and private bills.. lam opposed to the whole idea of calling - the yeas and nays on the passage of every bill. The most important measures upon which we have acted this win ter have been private bills ; and those which have met the most hostility in this Senate, and the only bills to which this rule would not ap ply, if the amendment is adopted, have been private bills. The bills for the commutation of the tonnage tax, and for the relief of the Sun bury and . Erie railroad company, were of that class,-and the only ones which caused a full attendance of this Senate. Will we cause the subject to be litigated for the purpose of testing the constitutional question of whether a bill is of, a public or a private character? Such ques tions will arise. If the section is to be passed at all, lei it be,passed as a whole. As for my .self, I intend to vote against it, ' MX. IMIiRIE. With regard to the bills for the, commutation of the tonnage tax and the completion of the Sunbury and Erie Railroad, I hold that they were ,public bills. There will never be any danger of bills of such a character passing either branch of the - Legislature with out.the.yeas and nays being called. I believe that every bill which affects the interests of the whole Commonwealth should be ruled as being of a public nature. Air. FINNEY. In respect to the idea of pub lic and private bills, - there is no Well defined distinction between them, We frequently call a bill , a public bill, -which may be private, or a private a public bill; or one having a general effect A member may ask for the enactment of a law creating, a bank. The bill is of a local character, and we call it private because it re lates to a certain county; nevertheless, it af fects the whole- Commonwealth. Every little election law has relation to a principle which obtains all, over the Commonwealth, so that there is no well-defined limitation as to what are public or what are private bills. • Another matter which the Senator from Beaver seems to forget is that if the amendments prevail these local bilis-will not be before the Legislature, and that theinecessity for a great majority of such bills will be obviated by one general law, which will create a mode of ar riving at the same end without direct Legisla tion or interposition. In. such an event, pri vate or,lo.caltills,w nzg hich interest onlyitieu lar section of thestat u e, will not be objected to, and the calling ofthe yeaa and nays '*ll not be as much a matter of course as the =tibia of the Speaker in directing the attention of the Senate to a suspension of the rules, in order to read a bill a third time. seems to me, as has been stated by the Senator from Blair,lhat this section is more important, - perhaps, in its application to private hilt than.to those termed public bills. Most of the .important measures that haveleen-pass4 here have been subjects nuttrined : bypersons outside of these halls, and have reference to piinciples of action that are not best understood* the Legislature; being based upon the opinionsof the Courts—general lawa that come into requisition in the Judicial departinent of the Government. They receive the assent of the Legislature because their pro ,pri,etyis obvious or because the experience of those who.sent them here is accetle.d to, as the proper rule for enacting the law. I think that :the applieation of the principle of this section' is more voper when applied to both public and private bills. • 1 , 9:0 , 493. X hells . the Auiendment.of the : • . -• ham tinting' girt. Having procured Steam Power Presses we are prepared to execute JOB and BOOK PRINTING of every description, cheaper that it can be done at any other es tabliehmentin the country RATES UV A. 1.0111011181140. Aar Four lines (micas cimstitute onetalf square. Eig 'Meg or more than four constitute a square. Unit Square, one day one week,.,. . • one month•.• three months six months _ .. . . . • 0110 year.... . . 600 One Square ono day It one week.... 260 00 46 one mont... . . . .300 '.. three months.... 5 00 " six months.... . 800 0110 year 10 00 ,Business notices inserted in the Load l.loll4o!lb__CP before Marriages and Deaths, FIVE CENTS PER /MR or each insertion. air-Marriages and Deaths to be charged as regular advertisements. NO. 87. Senator from Beaver will not be adopted, be cause it destroys the effect of the whole sec tion. Mr. PENNF,,Y. It is perfectly apparent to me that it would be wholly inconsistent with the requirements of the Constitution should the amendment of the Senator .preirtill. It strikes me as inconsistent with the provisions of all organic ldw, to use terms which would be the subject of very doubtful litigation. No Senator is able to decide whether a certain bill is public or private, and almost every day we have &discussion on this question. There is no such distinction. The amendment of Mr. IMBRIE was not agreed to. The section was then agreed to. Mr. CLYMER offered the following to coma in as a new section, to be numbered section six of the bill, and section twenty-eight of the Constitution. SEC. 28. That no bill making an appropria tion of money (except for the ordinary expensed of the Government) releasing or compromising any claim or demand of the Commonwealth against individuals or corporations, or authorizz ing a loan or exchange of securities belonging to the Commonwealth, shall become a law un less upon its final passage it "shall receive the votes of two-thirds of all the members of the Rouse of Representatives ; but should the Gov ernor of the Commonwealth, by special mes sage to the Legislature, recommend any appro priation or the release or compromise of any claim or demand, or a loan or exchange of se curities belonging to the Commonwealth, then the bill authorizing such appropriation, release, compromise, loan or exchange, shall become a law upon its receiving the votes of a majority of all the members of the Senate and a major ity of the members of the House of Represent atives. Mr. IBISH.I.It occurs to me, in regard to that amendment, that it is liable to the same objec tion as that of the amendment offered by the Senator from Beaver: Questions may often arise as to what is an ordinary, and what is an ex traordinary expense in appropriations to carry on the business of the government. I suggest to the Senate that the exception, "except for ;or ordinary expenses of the government," is not a sufficiently definite one to be made use of in that connection. Mr. CLYMER. I would state, Mr. Speaker, that in preparing this amendment, a difficulty was to be surmounted. It was not intended by this amendment to embarrass the appropriations of money for the support ot the Executive, Le gislative or any other department of the govern ment, or for the payment of the interest upon the State indebtedness. For all such purposes, I believe that a fair majority of the whole Sen ate, as required by the section just adopted, was right and proper; and yet, how to to make that distinct and clear,was the difficulty under which ,I labored. The nearest approach I could make to such a course, was to except the ordinary ex penses of the government, in the amendment which I have offered. Long usage' has so well defined what are the ordinary expenses of the government of this State, that it seems to me no [difficulty could arise on this question. If any Senator would suggest any more precise or clear statement of the idea I desire to reach, I would be most happy to accept it as an amend ment. I have, however, submitted this amend nent, to a number of Senators , in whose judg ment I have much confidence, and - they seem to agree with me that it was a precise and ac curate statement, such as was requiredin a con stitutional amendment. I naiy-have been mis taken as well as they in regard to that matter. Mr. FINNEY. I appreciate the motives of the Senator from l3erks in the amendment he has offered. lam of the opinion that, it is an unnecessary check and guard to the passage of a bill. Now the amendment - which was proposed by the Senator from York is perhaps a sufficient check upon the passage of the bill. When we come to take into consideration that another department of the Government, in the exercise of the veto power, has its functions to discharge, then the principle asserted in this amendment by the Senator from Berke comes in. A vote of two-thirds is then required. The main object ion to the amendment of the Senator, in, my opinion, is that it is an unnecessary restriction and check upon legislation. The moat of the money paid by the Commonwealth iLdishirsed through a general appropriation, and I do not think it will be policy to subject that bill to a - greater restriction with regard to its enact ments than other bills, because it is gre,aterthan any other bill. It is one of the essential duties of the Legislature and one of the necessities of the State. It ought to be relieved as much as possible from the mereaction of party divisions, for in the animosity of party zeal and strife which exists. in governments of this character the essential bill of the session may be defeated by the kind of legislation proposed to be adopt ed by the amendment. I know that these things are speculative, but nevertheless they are likely to occur. Mr. CLYMER. I will suggest to the Senator from Crawford that as far as the general ap proiuriation bill is concerned that is one'which more immediately affects the necessities of the government, and is, by the operation ,of the amendment of the Senator frgm. York, subject ed to the same necessities thff this amendment would subject it. It requires a majority of all the Senate and of the members 'of the rouse f o r the passage of that bill; therefore my amend ment would not affect it. But, sir, the Senator from Crawford well knows and yesterday justly complained that there area number of cases in which appropriations are asked from the State about,which we know nothing and cannot of necessity knOw anything. It was intended by Myself in. this amendment to reach cases of that kind---cases in - which the Legislature were not informed. If there are among these eases any that are really meritorious and can be so shown to this body, and are of such a nature that universal consent will be given them, it is not to be supposed that that consent could be with held. But if there is any doubt in regagi• to appropriations then, by this araendthent to, the tonstitation, we have placed within our power the Means of information from a responsible source, from the Executive of - the Common wealth, who from his high, position and from that known integrity which should ever char acterize him, would lay before the Legislature such reasons which should induce this Legisla ture to pass such appropriations of that kind, upon the same footing as will be required by the amendment of tlit ssWatoe from York ,if it should become a por,tioa:ciflikftVezietikation. I think it is.evidentrto s , Sentife,sind,cer fainlyA itas been . tWCI7: - of the' people thutiAtte, that we sufficient examination make appropsiatisms los improper elajegtk io ,aelo„notclejt, hei!es. any bad de s 0 improkelsinotistegatii' • reason that we have no source of sinfimation upon Which to base our judgment. In ortlet to enable us to act with discrimination 034 taro in making these appropriations, I,haie design ed by [this amendment:that no *llk fq!!Prottna ' pvlo=4 on :2efitf, s ' 2767,04,' EC J Ou 4 0
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