perienced. Our Quaker friends experienced no inconvenience during those times of trouble, and I apprehend they will experience no inconvenience in the future. The amendment which I have offered will relieve them from military service by the payment of commutation. It is certainly quite fair to them, and is no injustice to those who actually bear arms. It takes out the objectionable features of the section, as reported by the committee, in allowing the Legislature to go down in the Treasury of the Commonwealth and bring up as much of the funds as they may deem expedient to support the militia system of this Commonwealth. I trust, therefore, the committee will adopt the amendment.

Mr. PORTER. Mr. Chairman: The committee having this matter in charge has certainly dealt very kindly towards the society of Friends, and it was the understanding when this report was made, that it would meet with their approval, and if the pending amendment is adopted the report will be worse off than ever. That is the very thing these people complain of. While they cannot conscientiously perform military service, yet it is contemplated that the State shall compel them to pay a tax in lieu thereof. I think a provision of this kind is merely reviving the old saying of "robbing Peter to pay Paul." The society of Friends were very urgent before the committee having this report in charge, and the committee endeavored to satisfy them in presenting this report to the Convention. I have no objection whatever to the amendment which has been offered by the gentleman from Lancaster (Mr. Carter.) The whole question, by this amendment, is left to the Legislature, and they will be empowered to exempt what classes of our citizens they may deem expedient.

You will pay men, then, justly for their services. You will get a good militia in this way; but under any law administered by the Legislature, by this commutation tax, never has the militia been worth anything at all. I received a letter from General Russell, who has long been connected with the military department of the State, and it meets his entire approval, and he says if it is adopted it will be the means of harmonizing the military law of the State, and doing justice in this matter.

Mr. DARLINGTON. Mr. Chairman: I hope the proposition of the gentleman from Greene (Mr. Purman) will not be

adopted. It seems to me that it throws the Friends back upon what has been really their great annoyance-military service in times of peace-when they are called upon to muster or to pay militia fines as a distinct tax from all others. They have never objected, and do not now object, to paying their full share of all the taxes that go into the State Treasury for the support of the government, because they are not individualized nor selected out for a particular tax. They pay as all others pay. The little expense necessary for military purposes should be paid out of the treasury just as we have provided. That is right and should be adhered to, just as the committee has adopted it. If we can agree to the proposition of the gentleman from Lancaster (Mr. Carter) I would be better pleased, but if we cannot adopt that, let the proposition of the gentleman from Butler (Mr. J. M. Purviance) be brought in, if he chooses to present it, merely restoring or adding to what we have already agreed to, that they shall not be compelled to bear arms, not leaving it to the Legislature to do so, but shall pay an equivalent for personal service. If that must be retained it will operate in times of war, and they do not object to all that is necessary for the defense of the government. They only want to be relieved so far as their conscience goes. I hope, therefore, that the amendment of the gentleman from Greene (Mr. Purman) will not prevail.

Mr. PURMAN's amendment was rejected, there being, on a division, thirty-four in the affirmative and forty in the negative.

The CHAIRMAN. The question is upon the amendment of the gentleman from Lancaster (Mr. Carter.) ·

Mr. D. N. WHITE. Mr. Chairman: It appears to me that this amendment is not well drawn. If gentlemen will look at it they will see that the members of any religious society who have conscientious scruples, whether Presbyterians, Methodists or Episcopalians, are exempt. If you extend it that far, why not extend it to every man who has conscientious scruples against bearing arms.

I suppose the intention was, that persons belonging to religious societies that have tenets against bearing arms should be exempted; for instance, the society of Friends, Menonists, &c. If that is what the gentleman means, the language should be changed. I move to strike out the words, "religious societies," and insert the word "those."

Mr. HAY. Mr. Chairman: I desire to ask the mover of that question whether the amendment alters the article reported by the committee; whether the Legisla ture has not the power to make such exemptions as it sees fit to make, whether for religious scruples or for any other reason?

Mr. CARTER. Mr. Chairman: Permit me to say a word in explanation. This matter was thought over by a portion of us with very considerable care; and to guard against fraud on the part of men professing to have conscientious scruples, which were perhaps gotten up for the occasion. It was to prevent that class of people from pleading conscience that we inserted the words, "members of religious societies who are conscientiously scrupled against bearing arms."

Mr. D. N. WHITE's amendment was agreed to, there being, on a division, fortyfour in the affirmative, and thirty-three in the negative.

The CHAIRMAN. The question is upon

the amendment as amended.

Mr. H. G. SMITH. Mr. Chairman: I move to amend the amendment, by striking out the clause proposed by the gentleman from Lancaster, (Mr. Carter,) and inserting the following, to come in at the

end of the section as it stands: "Those who conscientiously scruple to bear arms shall not be compelled to do so, but shall pay an equivalent in personal fine."

Mr. LILLY. That has been voted down. Mr. H. G. SMITH. We did not vote upon it in that shape to-day.

The CHAIRMAN rules it out of order, the same having been previously voted upon. The question is upon the amendment of the gentleman from Lancaster (Mr. Carter) as amended.

Mr. BRODHEAD. Mr. Chairman: I move an amendment to come in at the end of the pending amendment: "But no person claiming such exemption shall ever be permitted to vote at any State or municipal election."

Mr. DARLINGTON. Mr. Chairman: I arise to a point of order. That amendment is not germain to the question.

The CHAIRMAN. The Chair over-rules the point of order, and thinks it is germain to the question.

it was agreed to, there being, on a division, fifty in the affirmative and twentyseven in the negative.

The CHAIRMAN. The question is on the section as amended.

Mr. T. H. B. PATTERSON. Mr. Chairman: I move to strike out the word "shall," in the third line of the section, and insert "may."

It was not agreed to.

Mr. J. M. WETHERILL, Mr. Chairman: I propose to amend, by striking out, in the second line of the section, the words, "for its defence when and," 80 that the article will read: "The freemen of this Commonwealth shall be armed, ner as may be directed by law," &c. organized and disciplined in such man

I desire to say a word or two on that subject. In framing a Constitution it seems to me proper that we should be governed by the experience that we have acquired upon every subject. These words were, during the late war, productive of difficulty among the militia of the Commonwealth. Gentlemen will re

member, when the fact is called to their attention, that many of the militia regiments refused to advance over the border of the State when called upon by their officers, asserting that the Constitution turned all the militia companies and regiments of the State into debating societies, and caused them to do quite as much injury, probably more, to their friends than they did to the enemy.

I desire, for that reason, to have them stricken out, so that it will be understood that the militia are to be disciplined fully and effectually, both for defense and attack, should such be necessary. I hope and trust that it may never be necessary to employ them either for the one or for the other, but if we are to have a militia organization we should have it effective, and to be used in any manner that soldiers are used, whether in peace or in war. hope, therefore, that the words will be stricken out.

I

The question being taken on the amendment, a division was called for and resulted: In the affimative, forty-one; in the negative, thirty-eight.

So the amendment was agreed to.
The question recurring on the section as

The question recurring upon the amendment offered by Mr. Carter, as amended,

resulted: In the affirmative, forty-five; in the negative, thirty-six. So the section was agreed to.

IN CONVENTION.

Mr. S. A. PURVIANCE. Mr. President: The committee of the whole have had under consideration the article reported by the Committee on Militia, and have instructed me to report the same with amendments to the Convention.

The PRESIDENT. The chairman of the committee of the whole reports that committee have had under consideration the article reported by the Committee on Militia, and has instructed him to report the same to the Convention with amendments. The amendments will be read. The CLERK read:

To strike out, in the second line, the words, "for its defense when and;" to strike out, in the fourth line, the words, "direct" and "State," and add at the end of the section these words, "of the Commonwealth, but the Legislature may exempt from military service those persons having conscientious scruples against bearing arms."

The PRESIDENT. The amendments will be entered on the Journal.

RELIGIOUS AMENDMENT.

Mr. CUYLER presented four memorials, numerously signed by citizens of the State of Pennsylvania, asking for the recognition of Almighty God and the christian religion in the amended Constitution. Mr. LAWRENCE presented a similar memorial.

Mr. BROOMALL presented a similar memorial.

Mr. RUSSELL presented a similar memorial.

Mr. J. N. PURVIANCE presented a similar memorial.

Mr. HARVEY presented a similar memorial.

Mr. STANTON presented a similar memorial.

All of which were referred to the Committee on Declaration of Rights.

Mr. DARLINGTON. Mr. President: I now move that the Convention resolve itself into committee of the whole for the purpose of considering the article reported by the Committee on Impeachments and Removal from Office.

The question being on the motion, a division was called for and resulted: In the affirmative, thirty-eight; in the negative, thirty-seven."

So the motion was agreed to.

I move

Mr. DALLAS. Mr. President: to re-consider the vote just taken, on the ground that the chairman of the Committee on Impeachments and Removal from Office is not now present.

The PRESIDENT. Did the gentleman (Mr. Dallas) vote with the majority? Mr. DALLAS. I did.

Mr. EWING. I second the motion. I also voted with the majority.

The question being on the re-consideration, a division was called for and resulted: In the affirmative, fifty-two; in the negative, twenty.

to.

So the motion to re-consider was agreed

Mr. WRIGHT. Mr. President: I move that this Convention do now adjourn.

The motion was agreed to, there being, on a division, forty in the affirmative, and thirty-four in the negative.

So the Convention, at two o'clock and thirty minutes, adjourned.

THURSDAY, March 27, 1873. The Convention met at ten A. M. The Journal of yesterday's proceedings was read and approved.

RELIGIOUS AMENDMENT.

Mr. MACVEAGH presented a petition from citizens of Dauphin county, asking for a recognition of Almightly God and the christian religion in the Constitution, which was referred to the Committee on Declaration of Rights.

LUZERNE COUNTY COURTS.

Mr. WRIGHT presented a petition of nine hundred citizens of the upper part of the county of Luzerne, asking for a division of their courts, which was laid on the table.

RELIGIOUS AMENDMENT.

Mr. CRONMILLER presented the petition of citizens of the State of Pennsylvania, asking for a recognition of Almighty God and the christian religion in the Con

stitution.

Mr. LEAR presented a similar petition from citizens of Bucks county.

Both of which were referred to the Committee on Declaration of Rights.

PAY OF OFFICERS.

Mr. BOWMAN offered the following resolution, which was read:

Resolved, That the Committee on Ac counts be requested to report a resolu tion directing warrants to be drawn for such appropriation of the pay of the clerks and other officers as they may deem proper.

The question being, shall the Convention proceed to the second reading of the resolution, it was agreed to.

The resolution was then agreed to.

PRINTING OF DEBATES.

Mr. BRODHEAD offered the following resolution, which was read and laid on the table:

Resolved, That the Committee on Ac counts are hereby directed to inquire into the cost of publication of the Debates by parties who will contract to furish them

to this Convention on the morning of the day after such debates are had, and if a suitable contract can be made, they shall rescind the now existing contract with B. Singerly for the publication of the same, on the grounds of the non-performance thereof by said B. Singerly, and contract with other parties for such printing; first submitting the provisions thereof to this Convention.

THE LEGISLATURE.

Mr. MACVEAGH. Mr. President: I am directed by the Committee on Legislature to present to the Convention the article on the Legislature, which was re-committed to that committee.

The CLERK read as follows:

SECTION 1. The legislative power of this Commonwealth shall be vested in a GenSenate and House of Representatives. eral Assembly, which shall consist of a

the General Assembly shall be held on the SECTION 2. An election for members of day fixed for the general election next tion, and at the general election held two succeeding the adoption of this Constitushall begin on the first day of December years thereafter. Their term of office next succeeding their election; when any vacancy occurs in either House, the Gov. ernor shall issue a writ of election to fill such vacancy for the remainder of the. term in which such vacancy shall have

occurred.