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well and wise to do so. I trust this Convention Convention, and ask to be discharged from its will be willing to allow one body to be consti- further consideration. tuted and paid, as the best Legislatures have The SECRETARY proceeded to read the first always been paid in all ages of the world. section as reported, as follows:
The question was put on the amendment of SECTION 1 The Legislative power of this State Mr. Greeley, and it was declared lost.
shall be vested in a Senate and Assembly. Any Mr. FOLGER—I move a reconsideration of the elector of this State shall be eligible to the office vote by which the amendment in relation to the of Senator or member of the Assembly. compensation of the members of the Legislature Mr. WEED—As there have been many changes has just been passed.
in very many particulars made in this report, if The question was then put on the motion of in order, I move, and I hope if not in order, it Mr. Folger, and it was declared lost.
will be done by unanimous consent, that the Mr. T. W. DWIGHT-Do I understand the amendments made to this report be printed and Chair to state the question to be on the recon- placed on our tables this evening, and that we sideration of the vote just taken?
now adjourn till seven o'clock instead of half-past The CHAIRMAN-Yes, sir.
It is one-half hour earlier than our fixed Mr. FOLGER—My motion was to reconsider time, and then we can consider it understandingthe vote taken on the amendment which proposedly. that every man should be branded as a rogue The PRESIDENT—The Chair, will inform the when he comes here. I do not know that I have gentleman (Mr. Weed) that by a rule passed sev. correctly stated it, in words, but that is the sub- eral days since, the hall this evening is to be used stance of it.
for another purpose. Mr. M. I. TOWNSEND - There has been one Mr. WEED—That was only upon condition eternal ding from the time we entered this Con. that we did not use it. vention until now against the corruption of the The PRESIDENT—The Chair finds no condi. Legislature, and I want, now that there is a pos- tion attached to the resolution. sible opportunity to do something, that we should Mr. S. TOWNSEND-I wish, sir, if now in not lose the advantage we obtain by reason of order, to offer an amendment as a substitute for that opportunity. It is so important, it has been the first section : felt we must overturn our whole system of gov. The SECRETARY proceeded to read the ernment because the legislators are corrupt. This amendment as follows: is one mode of 'reaching it, and I hope that we Sec. 1. Every elector of this State shall be shall not, through any fear of branding men as eligible for any of the offices herein named. rogues that are not rogues, fail to ask honest The supreme legislative power of this State is men to just say they are not. I hope it will not vested in a Senate and Assembly. be reconsidered.
The Legislature at its first session, after the Mr. FOLGER—I call for the reading of the adoption of this Constitution, and from time to amendment, and I wish to reserve the floor. time thereafter, shall confer upon the several
The SECRETARY again read the amendment boards of town, county, village and city officers, of Mr. L. W. Russell.
the necessary and appropriate powers of legislaMr. FOLGER—This starts out with the pre- lation and administration for the local governsumption that there are men who will come here ment of their several districts. with the deliberate design of degrading their Mr. S. TOWNSEND — If, sir, I have listened official position, and sacrificing their moral char- to the debates which have taken place in this acter. I shall not affirm or deny but that may body, properly and understandingly, there is an be so; but grant that it is so. Grant that there expression which has called for, and a determinasits in this hall, and in the hall above, winter af- tion shown, 10 confer larger legislative power, ter winter, men who will pollute their hands and than they have heretofore enjoyed upon the variblister their moral character with the reception ous officers and boards of towns and counties. I of bribes, I would ask the gentleman from Rens- am aware, sir, that the committee having this selaer (Mr, M. I. Townsend) to look at how flimsy subject more directly in charge, propose to report a barrier he erects when he provides that they a provision, substantially embodying this idea, shall swear that they did not receive bribes. It yet it seems to me to be a proper time now to is a mere hedge of hemp which would fall submit this proposition, and to engraft this prinbefore the blaze of their passions. It would not ciple upon the article now under consideration. stand an instant; an oath would not restrict them If this substitute should prevail, I shall then be at all. Men who are corrupt and rotten enough prepared to vote intelligently upon the question to legislate from bribery, as you concede there between the large and small district system. If are such, will add perjury to their crimes. such a provision should be adopted, it will tend
The hour of two o'clock having arrived, the to diminish the number of the body of the Senate, committee rose, and the President resumed the so it may assume more of the character of a counChair in Conveution.
cil of revision. A gentleman who has filled the Mr. ARCHER, from the Committee of the highest legislative and historical position in this Whole, reported that the committee had had un- State, and whose presence a few evenings since der consideration the report of the Committee on I was happy to greet on this floor [Hon. Gulian the Legislature, its Organization, etc., and had C. Verplanck), now an octogenarian, told me that made some progress therein, and under the reso he opposed continuing that provision in the lution adopted by the Convention, had directed Constitution of 1821, but he has long been contheir chairman to report back the article to the vinced that he was unwise in his opposition to
that measure ; and that the only real objection to what reason he has for asking for so long a leave the provision, was that there was too large a share of absence ? of the judicial element in the old council of re. Mr. SEYMOUR—The reason is an engagement vision, and it should have had a greater proportion of long standing, which is imperative, and must of lay members. Having simply suggested these be filled. facts to the minds of a body so intelligent as the There being no objection, leave of absence was one I am now addressing, I need hardly care lo granted. say anything more. It will also undoubtedly Mr. FRANCIS - I ask for leave of absence for tend to decrease the amount of legislation, which my colleague [Mr. Armstrong] for an indefinite produced last year something like a thousand period, on account of ill health. acts, when twenty years ago the legislation was There being no objection, leave of absence was comprised in perhaps two hundred bills. Twenty- granted. five years ago, when these principles became Mr. BICKFORD– I deem it wrong to grant engrafted in the policy at least of one party of these indefinite leaves of absence, although it has this State, the principles of 1842, were con- been done. creted under the organic law of 1846, it was The PRESIDENT — The objection of the genthe opinion of the framers of those laws, that it tleman (Mr. Bickford] comes too late. the Legislature properly attended to its duties, Mr. T. W. DWIGHT-I ask for leave of absence and excluded from their consideration all matters for Mr. C. E. Parker, of Tioga, who is compelled of local or special legislation, they might confine to go to Syracuse, as a member of a committee, the number of laws to one hundred a year. In until Tuesday afternoon. the Legislatures immediately after the Convention There being no objection, leave of absence was of 1846, there were very few laws passed. If we granted. take this view we may be able to limit the Mr. FLAGLER-I ask for leave of absence requirements of the Legislature to even a session for Mr. Endress, until Wednesday next. of sixty days. And we might then have a com There being no objection, leave of absence was pensation adequate to a class of men who cannot granted. now get along on a pecuniary remuneration of Mr. LUDINGTON -I have been absent from ten dollars a day, much less three dollars. home tive weeks, and I am compelled to ask
Mr. ALVORD — In order to avoid the difficulty leave of absence from tomorrow until Tuesday we have got ourselves into by the adoption of next. this resolution, giving the use of this hall for this There being no objection, leave of absence was evening-which I do not wish on my part to take granted. away-I would move that we now take a recess The PRESIDENT announced the special order until four o'clock this afternoon.
of the day, being the report of the Committee of The question was put on the motion of Mr. Al- the Whole on the article reported by the Commityord, and it was declared carried.
tee on the Legislature, its Organization, etc. So the Convention took a recess until four Toe PRESIDENT announced the pending ques. o'clock.
tion to be on the substitute of Mr. S. Townsend
to the first section as reported by the Committee AFTERNOON SESSION.
of the Whole.
The question was put on the substitute of Mr. The Convention re-assembled at four o'clock, S. Townsend, and it was declared lost. when the proceedings were resumed.
Mr. S. TOWNSEND-I call for the ayes and Mr. FULLER-I desire to ask leave of absence noes. for myself from to-day until Wednesday next. I The PRESIDENT - The Chair will inform the have business that needs attention. Besides, my gentleman that his call came too late. constant attendance upon the sessions has caused Mr. BICKFORD-I move to amend by striking the state of my health to become such as to re- out all after the words “members of Assembly, quire a short rest.
in the second line, and insert, “ Any citizen of the There being no objection, leave of absence was State possessing the qualification of an elector granted.
except as to residence in the town, ward or elecMr. BARKER-I ask for leave of absence for tion district, shall be eligible to the office of myself from to-morrow's sessions.
Senator or member of Assembly.” There being no objection, leave of absence was My object in offering this amendment is to granted.
make persons eligible who may not be electors in Mr. WALES – I ask for leave of absence for some cases. As we have adopted a suffrage article, myself from the latter part of the session to-nor- a man is not an elector who happens not to have row until Monday evening.
lived in an election district for ten days, or in a There being no objection, leave of absence was town thirty days, and in a county four months. granted.
Although he may have been a resident of the Mr. CHESEBRO-I ask leave of absence senate district all his life, he is not eligible, as the until Tuesday morning, from the session of section now stands, to vote for a Senator, unless he to-morrow.
bas lived in the election district for ten days, and in There being no objection, leave of absence was the town for thirty days, and in the county for granted.
four months. It is absurd as it now stands. Mr. SEYMOUR-I ask for leave of absence The question was put on the amendment of until Thursday.
Mr. Bickford, and it was declared lost. Mr. BICKFORD — Will the gentleman state Mr. S. TOWNSEND-I move a reconsidera
tion of the last vote, and ask that the motion lie The twenty-fourth district shall consist of the upon the table.
counties of Broome, Tioga and Tompkins. The PRESIDENT - The motion to reconsider The twenty-fifth district shall consist of the will lie upon the table, as requested.
counties of Cayuga and Wayne. The SECRETARY proceeded to read the second The twenty-sixth district shall consist of the section, as follows:
counties of Ontario, Yates and Seneca. SEC. 2. The State shall be divided into thirty-two The twenty-seventh district shall consist of the senate districts, each of which shall choose one counties of Chemung, Schuyler and Steuben, Senator, and the term of office shall be four years. The twenty-eighth district shall consist of the
The first district shall consist of the counties of county of Monroe. Suffolk, Queens and Richmond.
The twenty-ninth district shall consist of the The second district shall consist of the first, counties of Niagara, Orleans and Genesee. second, third, fourth, fifth, seventh, eleventh, thir The thirtieth district shall consist of the counties teenth, fifteenth, nineteenth and twentieth wards of Wyoming, Livingston and Allegany. of the city of Brooklyn, in Kings county.
The thirty-first district shall consist of the The third district shall consist of the sixth, county of Erie. eighth, Dinth, tenth, twelfth, fourteenth, six The thirty-second district shall consist of the teenth, seventeenth and eighteenth wards of the counties of Chautauqua and Cattaraugus. city of Brooklyn, and the towns of Flatbush, At the first election under said arrangement of Flatlands, Gravesend, New Lots and New Utrecht, districts, the Senators elected in districts bearing of the county of Kings.
odd numbers shall vacate their offices at the end The fourth district shall consist of the first, of two years, and those elected in districts bearsecond, third, fourth, fifth, sixth, seventh, thir- ing even numbers at the end of four years; and teenth and fourteenth wards of the city of New if vacancies occur by the expiration of term, they
shall be filled by the election of Senators for the The fifth district shall consist of the eighth, full term of four years. ninth, fifteenth and sixteenth wards of the city Mr. SHERMAN-I move to amend by of New York.
substituting for the section the following: The sixth district shall consist of the eleventh, "The State shall be divided into eight senate tenth and seventeenth wards of the city of New districts. There shall be four Senators in each York.
district. The Legislature, at its first session after The seventh district shall consist of the eigh- the adoption of this Constitution, shall divide the teenth, twentieth and twenty-first wards of the State into eight senate districts, to be composed city of New York.
of convenient and contiguous territory so that The eighth district shall consist of the twelfth, each may contain as nearly as may be an equal nineteenth and twenty-second wards of the city number of inhabitants, excluding "aliens. The of New York.
districts shall remain unaltered until the The ninth district shall consist of the counties return of another enumeration. A like apof Westchester, Putnam and Rockland.
portionment shall be made by the Legislature The tenth district shall consist of the counties at its first session after each enumeration. The of Orange and Sullivan.
whole Şenate shall be chosen at the first election The eleventh district shall consist of the coun- held under this Constitution; they shall classify ties of Dutchess and Columbia.
themselves so that one Senator in each district The twelfth district shall consist of the coun. shall go out of office at the end of each year. ties of Rensselaer and Washington.
After the expiration of their terms under such classiThe thirteenth district shall consist of the county fication the terms of their office shall be four years." of Albany.
I do not propose to discuss this proposition;. The fourteenth district shall consist of the it has been fully and ably discussed on all sides. counties of Greene and Ulster.
It is the large district system leaving The fifteenth district shall consist of the out the bugbear of apportionment which counties of Saratoga, Montgomery, Fulton, Ham- has frightened the gentleman from Richmond (Mr. ilton and Schenectady.
E. Brooks), and other nervous gentlemen, proThe sixteenth district shall consist of the coun- fessing to favor the large districts, from their proties of Warren, Essex and Clinton.
priety and leaving the apportionment to the The seventeenth district shall consist of the Legislature. I wish the ayes and noes to be counties of St. Lawrence and Franklin.
taken on the proposition, so that gentlemen who The eighteenth district shall consist of the are in good faith in favor of the large districts may counties of Jefferson and Lewis.
be able to so record themselves. The nineteenth district shall consist of the A sufficient number seconding the call the county of Oneida.
ayes and noes were ordered. The twentioth district shall consist of the Mr. DALY - I call for a division of the quescounties of Herkimer and Otsego.
tion, so as to distinguish between the vote in favor The twenty-first district shall consist of the of large districts, and the vote referring the matter counties of Oswego and Madison.
of apportionment to the Legislature. The twenty-second district shall consist of the The SECRETARY proceeded to road the first counties of Onondaga and Cortland.
portion of the substitute as follows: The twenty-third district shall consist of “The Senate shall be divided into eight senate the counties of Chenango, Delaware and Scho- districts. There shall be four Senators in each harie.
The question was announced on the first por-first election, one Senator shall annually at the tion of the substitute as proposed by Mr. Sher general election be chosen in each senate disman.
trict to hold office for the term of three years. The name of Mr. Hatch was called.
Mr. CHESEBRO— Although I approve of the Mr. HATCH-I have paired with Mr. Com-general features of the substitute offered by the stock, who would vote in the affirmative. I gentleman from Ulster [Mr. Schoonmaker), I should vote po.
desire to offer an amendment to one of the propoThe PRESIDENT—The gentleman will be ex- sitions that shall be introduced; and perhaps I cused.
may as well introduce it as an amendment to The name of Mr. McDonald was called. the substitute offered by the gentleman (Mr.
Mr. MCDONALD-I should vote in favor of the Schoonmaker). It is to strike out the words large district system, but I have paired with Mr. "excluding aliens," and on that I ask the ayes Goodrich.
and noes. The name of Mr. Sherman was called.
Not a sufficient number seconding the call, the Mr. SHERMAN-I have paired with Mr. Gerry. ayes and noes were not ordered. I should vote in the affirmative, and he in the The question was put on the amendment of negative.
Mr. Chesebro, and it was declared lost. The SECRETARY proceeded to call the roll Mr. SCHOONMAKER-I call for the ages and on the first part of the substitute of Mr. Sher- noes on my proposition. man, and it was lost by the following vote, viz.: Mr. RUMSEY-I move to amend the substi
Ayes-Messrs. C. L. Allen, Alvord, Andrews, tute offered by the gentleman from Ulster (Mr. Barker, Bell, Bowen, Chesebro, Cooke, Daly, Schoonmaker), so as to provide that the term of Duganne, C. C. Dwight, T. W. Dwight, Field, Fol. office shall be six years, and that one Senator in ger, Francis, Frank, Greeley, Harris, Hutchins, each district of those first elected shall go out of Jarvis, Kernan, Ludington, Merritt, Merwin, office at the end of two years, one at the end of Monell
, Paige, President, Rathbun, Schoonmaker, four years, and one at the end of six years, Seaver, Seymour, Van Cott-32.
The question was put on the amendment of Noes-Messrs. A. F. Allen, Archer, Axtell, Mr. Rumsey and it was declared lost Baker, Ballard, Barnard, Beadle, Beals, Bergen, Mr. SEAVER-I hope that the substitute Bickford, E. Brooks, E. P. Brooks, E. A. Brown, offered by the gentleman from Ulster (Mr. SchoonW.C. Brown, Burrill
, Carpenter, Corbett, Coro- maker) will be adopted by the Convention. It ing, Eddy, Endress, Flagler, Fowler, Fuller, Ful- strikes me to be eminently wise and just. It is a lerton, Garvin, Gould, Grant, Graves, Gross, Had-compromise between the large district and the ley, Hammond, Hand, Hardenburgh, Hitchcock, small district systems, and it insures the permaHitchman, Houston, Ketcham, Kinney, Krum, nency of the body as a conservative element in Landon, Larremore, A. Lawrence, A. R. Lawrence, our legislation. I do not desire to consume the M. H. Lawrence, Lee, Livingston, Loew, Lowrey, time of the Convention by protracted remarks, Masten, More, Morris, Opdyke, A. J. Parker, but I hope that those members who favor Prindle, Prosser, Reynolds, Robertson, Rogers, small districts so persistently will so far comproRolfe, Roy, Rumsey, A. D. Russell
, Schell, Schu. mise their views in this respect as to meet the maker, Spencer, Stratton, Tappen, M. I. Town- proposition in regard to large districts on middle send, S. Townsend, Van Campen, Wakeman, ground. Wales, Wickham, Williams—74.
Mr. HARRIS—I hope that this proposition The PRESIDENT—The first part of the prop- will meet with favor. It secures, besides, the osition being lost, the remaining proposition falls permanency of the Senate, which I consider a very of its own weight.
important object this: it throws into the Senate Mr. SCHOONMAKER-I offer the following every year an expression of the public sentiment, substitute for the second section :
and ailows all the voters of the State to vote for a SEC. 2. The State shall be divided into eleven Senator every year, and I think that is very desenate districts, and the Senate shall consist of sirable. I hope, therefore, that the proposition thirty-three members, three to be elected from will be sustained. each senate district. The Legislature shall at Mr. M. I. TOWNSEND—I hope that the propits first session after the adoption of this Consti-osition will not be sustained. I hope that the tution divide the State into eleven senate dis-gentlemen in this Convention who are really in tricts, which districts shall respectively contain favor of the single district system will not vote for as near as may be an equal number of inhabit-it. I do not see any compromise features in it at ants, excluding aliens, and consist of contiguous all. territory. No county, unless it shall have popu Mr. SEYMOUR-I wish merely to say that lation sufficient to entitle it to four or more mem- from the first I have been an earnest advocate of bers, shall be divided in the formation of a senate the large district system ;district. The entire Senate shall be chosen at Mr. KRUM—I rise to a point of order. Two the first general election held under this Consti- gentlemen have spoken on each side. tution, and they shall at the commencement of A DELEGATE-You do not know on which the first session classify themselves by lot, in side the gentleman (Mr. Seymour] is going to buch manner that one Senator in each district speak. shall go out of office at the end of the first year, Mr. SEYMOUR-I am on the side of comproanother in each district go out of office at the mise, and am willing to meet those who have gone end of the second year, and the third go out of for small distrịcts on the basis of this proposition, office at the end of the third year. After the although I favored large ones.
Mr. M. I. TOWNSEND—I call the gentleman to shall be entitled to elect three Senators. Each order, as two gentlemen have spoken on the side voter may, at his discretion, repeat twice or thrice of compromise. [Laughter.]
on his ballot for Senator the name of a candidate, The PRESIDENT-Four gentlemen have spoken, provided, that all the names borne thereon, in and the question is now on the adoption of the cluding repetitions, shall not exceed three; and substitute offered by the gentleman from Ulster each ballot shall be counted two or three votes, (Mr. Schoonmaker].
as the case may be, for any candidate whose The ayes and noes were called for, and a suffi- name may be thus repeated. The Senators thus cient number seconding the call, they were or- chosen shall hold their office for
years; and dered.
any vacancy meantime occurring shall be filled The SECRETARY proceeded to call the roll on by election as heretofore. On the expiration of the substitute offered by Mr. Schoonmaker. the terms of Senators, their places shall be filled
Mr. Hatch, Mr. McDonald and Mr. Gerry as above." were excused from voting on the ground that they I desire simply to correct one or two misapprehad paired as stated on the previous vote. hensions which the debate has shown to exist.
The call of the roll being completed, and the In this amendment, it is proposed to have fifteen substitute of Mr. Schoonmaker was lost by the senate districts, each containing 55,000 electors, following vote, viz.:
Now, if in any district the minority party, or any Ayes-Messrs. C. L. Allen, Alvord, Andrews, minority, shall number so many as 14,000 electors Barker, Bell, Bowen, E. Brooks, W. C. Brown, -over one-quarter of the whole number—th t Case, Champlain, Chesebro, Church, Cooke, Daly, minority can surely elect one Senator, by nomiDugande, C. C. Dwight. T. W. Dwight, Evarts, nating a single candidate, and printing his name Field, Folger, Francis, Frank, Greeley, Harris, thrice on each ballot, which would give the canHutchins, Kerpan, Ludington, Merritt, Merwin, didate 42,000 votes; and it is not possible that Paige, President, Rathbun, Schoonmaker, Schu- the larger party, having but 41,000 voters in all, maker, Seaver, Smith, Van Cott-37.
can, by any permutation or management, prevent Noes-Messrs. A. F. Allen, Archer, Axtell
, the minority from choosing one Senator. Now, Baker, Ballard, Barnard, Beadle, Bergen, Bick- this State cannot be so divided that there will be ford, E. P. Brooks, E. A. Brown, Burrill, Carpen- more than one district in which the minority will ter, Corbett, Corning, Eddy, Endress, Flagler, not be equal to 14,000 out of the 55,000 voters. Fowler, Fuller, Fullerton, Garvin, Gould, Grant, Fairly divided, there will not be one single disGraves, Gross, Hadley, Hammond, Hand, Harden-trict in which the minority cannot elect one Senburgh, Hitchcock, Hitchman, Houston, Jarvis, ator. One gentleman has said that two factions Ketcham, Kinder, Kram, 'Landon, Larremore, of one party might conspire with each other ; A. Lawrence, A. R. Lawrence, M. H. Lawrence, that they might divide, and subdivide, and conLee, Livingston, Lowrey, Masten, Mattice, Monell, trive by management to elect all three Senators; More, Morris, Opdyke, A. J. Parker, C. E. Parker, but no, they cannot possibly prevent the minority Prindle, Prosser, Reynolds, Robertson. Rogers, from electing one Senator. Again, a gentleman Rolfe, Roy, Rumsey, A. D. Russell, L. W. Russell, on the floor said that no party would confess itSchell
, Spencer, Stratton, Tappen, M. I. Towusend, self in the minority. No party need do so; where 8. Townsend, Van Campen, Wakeman, Wales, the disparity is notorious, palpable, it will do so ; Wickham, Williams—75.
but in every other district each party will nomiMr. FIELD-I offer the following substitute : nate two candidates, and try to elect both; and ** The State shall be divided into sixteen senate the party which is the stronger will elect the two, districts, and each district shall elect a Senator and the weaker party will elect one. It is just each year for the term of two years; the districts as good for persons outside of any party. Here bearing even numbers electing in the years being are independent voters choosing to elect some even numbers, and the other districts in the alterable and eloquent man, who stands outside of nate years."
any party organization. If they exceed oneMr. BOWEN–Is an amendment now in order? quarter of the voters of the district, they can The PRESIDENT-It is.
elect that man, by cumulating his name on their Mr. BOWEN–Then I move to amend the sub- ballots. This is a plan to allow a minority to stitute of the gentleman from Orleans (Mr. Field] have a representative-to allow the whole people by extending the term to four years, and having to be represented. You now have 400,000 elecan election ia alternate years.
tors out of 700,000 represented in the LegislaThe question was put on the amendment of Mr. ture. I propose that the whole 700,000 shall be Bowen, and it was declared lost.
represented, the minority as well as the majority. The question then recurred on the amendment I hope the Convention will allow the ages and offered by Mr. Field, and it was declared lost. noes to be taken on this proposition.
Mr. GREELEY – I move as a substitute the Mr. A. J. PARKER-I am not one of those first section of my amendment, to be found in who subscribe to the doctrine that the majority document 49.
are of right to govern, and that that is a republiThe SECRETARY proceeded to read the sub- can doctrine of itself. Majorities do govern under stitute offered by Mr. Greeley, as follows : our present system from the necessity of the case.
*Sec. 2. Tho Legislature for 1868 shall divide The minority cannot be represented in our present the State into fifteen senate districts, whereof mode of choosing representatives. But the true each shall contain, as nearly as may be, with due democratic doctrine undoubtedly is that which regard to the integrity of counties, an equal 2017- will give all a participation in the government. If ber of legal voters, and whereof each district'a man caupot personally participato, as in a simple