tation of the constitution would seem to forbid it.. Eaton, Fralick, Gardiner, Green, Hart, And the question being on the resolution offered by Mr. RAYNALE, Mr. ALVORD called for the yeas and nays, and the same being ordered, the resolution was adopted by the following vote: He was aware that this was an extremely delicate and difficult subject that masubject--that ny men would not be satisfied with any construction of the constitution which withheld it from them; and, he regretted to say, he had frequently seen persons, whose high moral pretensions justified an expectation of better things, engaged in creating prejudices against faithful supporters of the constitution, who happened to stand between them and the treasuYEAS-Messrs. P. R. Adams, W. Adry, by pointing to them as persons opposed ams, Alvord, Arzeno, Axford, Barnard, to religion and morality. He had not H. Bartow, J. Bartow, Beardsley, Beeson, only seen this injustice but he had felt it, Britain, Alvarado Brown, Ammon Brown, even after having voted for a chaplain Asahel Brown, Burns, Butterfield, Chapel, and contributed liberally from his own Choate, Church, Conner, Cook, Cornell, pocket for his support, and he now called Crouse, Desnoyers, Dimond, Eastman, Eaupon the religious portion of this Conven-ton, Fralick, Gale, Gibson, Hascall, Kinne, to cooperate with us in maintaining with Leach, Marvin, McClelland, Morrison, fidelity the constitution which we have Mosher, Mowry, Newberry, Raynale, Redmany of us so often sworn to support, and field, Roberts, Robertson, E. S. Robinson, in refusing to permit two or three chap- M. Robinson, Rix Robinson, Storey, Sturlains from pressing a claim upon the next gis, Sullivan, Town, Walker, Warden, Legislature for services, and thus drawing Webster, Williams, Willard, Woodman two or three thousand dollars from the treasury in the discussion of the subject, in addition to the salary ultimately allowed them. And I call upon them also, in all frankness and honesty, to justify us to the people for continuing to oppose all appropriations of money from the treasury for the payment of a chaplain, until such propriation shall be authorized by a constitution of their adoption. ap The question was taken on Mr. MCLEOD'S substitute and lost, as follows: 5.6. NAYS-Messrs. Backus, Bagg, Bush, Carr, Chandler, J. Clark, S. Clark, Comstock, Danforth, Daniels, Edmunds, Gardiner, Green, Hart, Harvey, Hixon, Lovell, McLeod, Moore, O'Brien, Orr, J. D. Pierce, N. Pierce, Prevost, Skinner, Soule, Sutherland, Tiffany, Van Valkenburg, Wait, Wells, White, Whittemore, Witherell, President-35. On motion of Mr. BACKUS, Resolved, That the committee on the YEAS Messrs. Anderson, Axford, Beardsley, Beeson, Alvarado Brown, Bush, legislative départment be instructed to inChoate, S. Clark, Cook, Danforth, Edquire into the expediency of reporting a munds, Gale, Gibson, Hascall, Kinne, provision in the Constitution that no act Leach, Lee, McClelland, McLeod, Morri of the Legislature shall embrace more than són, Mowry, O'Brien, J. D. Pierce, N. one subject, which shall be clearly exPierce, Prevost, Roberts, Robertson, E. S. pressed in its title. Robinson, Scule, Storey, Town, Van Valkenburg, Wait, Webster, Wells, Whittemore, Willard, Witherell-38. NAYS Messrs. P. R. Adams, W. AdNAYS-Messrs. ams, Alvord, Arzeno, Backus, Bagg, Barnard, H. Bartow, J. Bartow, Britain, Ammon Brown, Asahel Brown, Burns, Butterfield, Carr, Chandler, Chapel, Church, J. Clark, Comstock, Conner, Cornell, Crouse, Daniels, Desnoyers, Dimond, Eastman, Mr. CHURCH asked to be excuseã from serving on the committee on printing. He knew nothing of the matter, and as he was of opinion that a more efficient man than himself should stand between the printers and the treasury, he asked to be excused. Mr. CHUROH was excused and MY BRITAIN appointed. MY. WITHERELL moved that when tution. in such a manner and at such a time as the Legislature shall prescribe; and if the people shall ratify and approve such amendment or amendments by a majority of the electors qualified to vote for members of the Legislature, voting thereon, such amendment or amendments shall become part of the Constitution. Section 1. Any amendment or amendments to this Constitution may be proposed in the Senate or House of Representatives; and if the same shall be agreed to by a majority of the members elected to the two houses, such proposed amendment or amendments shall be entered on their journal, with the yeas and nays taken thereon, and referred to the Legislature then next to be chosen, and shall be published for three months previous to the time of making such choice. And if, in the Legislature next chosen as aforesaid, such proposed amendment or amendments shall be agreed to by two-thirds of all the members elected to each house, then it shall be the duty of the Legislature to submit such proposed amendment or amendments to the people, Sec. 2. At the general election to be held in the year eighteen hundred and sixty-five, and in each fifteenth year thereafter, and also at such times as the Legislature may by law provide, the question of a general revision of the Constitution shall be decided by the electors qualified to vote for members of the Legislature; and in case a majority of the electors so qualified, voting at such election, shall decide in favor of a convention for such purpose, the Legislature, at its next session, shall provide by law for the election of delegates to such Convention. The report was read, accepted, laid on the table and ordered printed. Mr. S. CLARK, from the committee on the bill of rights, submitted the following report: 3. No man or set of men are entitled to exclusive or separate privileges. 4. Every person has a right to worship Almighty God according to the dictates of his own conscience; and no person can of right be compelled to attend, erect or support, against his will, any place of religious worship, or pay any tithes, taxes, or other rates, for the support of any minister of the gospel or teacher of religion. 5. No money shall be drawn from the treasury for the benefit of religious societies, or theological or religious seminaries, nor property belonging to the State be appropriated for any such purposes. 6. The civil and religious rights, privileges and capacities of no individual shall be diminished or enlarged on account of his opinions or belief concerning matters of religion. 7. Every person may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right; and no laws shall be passed to restrain or abridge the liberty of speech, or of the press. In all prosecutions for libels, the truth may be given in evidence to the jury; and if it shall appear to the jury, that the matter charged as libellous is true, and was published with good motives and for justifiable ends, the party shall be acquitted; and the jury shall have the right to determine the law and the fact. 8. The person, houses, papers and possessions of every individual shall be secure from unreasonable searches and seizures; aud no warrant to search any place, or to seize any person or things, shall issue without describing them, nor without probable cause, supported by oath or affir mation. 9. The right of trial by jury shall remain inviolate; but a jury trial may be waived by the parties in all cases, in manner to be prescribed by law; and the legislature may authorize trial by jury of a less number than twelve men, in all courts. 10. In all criminal prosecutions, the accused shall have the right to a speedy and public trial by an impartial jury; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor; to have the assistance of counsel for his defence; and in all civil cases, in which personal liberty may be involved, the trial by jury shall not be refused. 11. No person for the same offence shall be twice put in jeopardy of punishment; all persons shall, before conviction, be bailable by sufficient sureties, except for capital offences, when the proof is evident or the presumption great; and the privi lege of the writ of habeus corpus shall not be suspended, unless when, in case of rebellion or invasion, the public safety may require it. 12. Every person has a right to bear arms for the defence of himself and the State. 13. The military shall, in all cases, and at all times, be in strict subordination to the civil power. 14. No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, but in a manner prescribed by law. 15. Treason against the state shall consist only in levying war against it, or in adhering to its enemies, giving them aid and comfort: no person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court. 16. No bill of attainder, ex post facto law, or law impairing the obligation of contracts, shall be passed. 17. Excessive bail shall not be required; excessive fines shall not be imposed; and cruel and unjust punishments shall not be inflicted, nor shall witnesses be unreasonably detained. 18. The property of no person shall be taken for public use without just compensation therefor. 19. The people shall have the right peaceably to assemble together, to consult for the common good, to instruct their representatives, and to petition the Legislature for redress of grievances. 20. No person shall be compelled, in any criminal case, to be a witness against himself, nor be deprived of life, liberty or property, without due process of law. 21. Foreigners who are, or who may hereafter become, bona fide residents of this State, shall enjoy the same rights in respect to the possession, enjoyment and inheritance of property, as native born citizens. 22. Neither slavery, nor involuntary servitude, unless for the punishment of crime, shall ever be tolerated in this State. 23. No person shall be imprisoned for debt, in any civil action on mesne or final process, unless in cases of fraud; and no person shall be imprisoned for a militia fine in time of peace. 24. All laws of a general nature shall have uniform operations. 25. No person shall be rendered incompetent to be a witness on account of his opinions on matters of religious belief. 26. No divorce shall be granted otherwise than by due judicial proceedings; nor shall any lottery hereafter be authorized, or any sale of lottery tickets allowed within this state. 27. The assent of two-thirds of the mem bers elected to each branch of the legislature shall be requisite to every bill appropriating the public moneys or property for local or private purposes. 28. No lease or grant of agricultural land for a longer period than twelve years, hereafter made, in which shall be reserved any rent or service of any kind, shall be valid. 29. No corporation shall hold any real estate for a longer period than ten years, except such real estate as shall be actually occupied by such corporation in the exer cise of its franchises. 30. All lands, the title to which shall fail from a defect of heirs, shall escheat to the state. 31. All acts of the legislature contrary to this or any other article of this Constitution shall be void. On motion of Mr. CRARY, the report was referred to the committee of the whole and ordered printed. Mr. GARDINER, from the committee on printing, to whom was referred the resolutions relative to printing journals, &c., reported the following resolutions, and recommended their adoption: Resolved, That the State Printer be instructed to print an edition of 480 copies of the daily official journal of this Convention, including the constitution adopted by this Convention, in book form, for binding; and that he be instructed to print a like number of all reports of committees for binding. Resolved, That the contractor for doing the binding for the State, be instructed to bind, in the same manner as the journals of the legislature are now bound, the jour nals and such documents as may be print ed by order of this Convention, in one volume-the reports to be inserted as an appendix to the journals. Report accepted, amendments agreed to, and adopted. RESOLUTIONS. Mr. BUTTERFIELD offered the following: Resolved, That there be added to the committee on the judiciary department six members from other occupations and professions than that of the law. as it then stood, was composed entirely of members of the legal profession. There was throughout the state, or at least in his county, [Jackson,] something of a prejudice, a feeling against lawyers; and knowing this to be the case, a report from a committee composed entirely of lawyers would be regarded in a different light than the same report would be if coming from a committee representing other interests than the legal profession. It was not only expedient, but just and proper, that other professions should be represented on the judiciary committee, as all classes of citizens were alike interested in this department of the state government. For these reasons he had presumed to offer the resolution. Mr. J. BARTOW had no objection to the resolution, but thought the reason assigned far from being a good one. Per haps the people of Jackson had good reason for their feeling of hostility to lawyers they doubtless had cause. If the feeling of hostility was to be made a test, it would exclude from the committee all professions. In his section there was a strong feeling against millers, and trades of all kinds. Mr. CORNELL said the feeling of hostility against the legal profession was as stated by his colleague. It was owing to the fact that there had been so much vascillation in the legislature. That body was genarally composed of a large number of lawyers, and yet the law shifted so often that common people could not understand it. He desired a plain, simple code of laws, so that every one might understand them. He hoped the resolution would be adopted. Mr. ROBERTSON thought if there was any value in the reason assigned for the resolution, it would equally apply to the amendment he proposed. He moved to strike out "six" and insert "ten." The amendment was carried and the resolution adopted-yeas 85, nays 11. Mr. WITHERELL offered the following: Resolved, That the committee on the judiciary be instructed to inquire into the expediency of establishing a supreme court to consist of three judges; and to provide for a division of the state into judicial cirMr. B. said he offered the resolution as cuits, and for the election of a circuit judge expressive of the wishes of many mem-in each circuit. And that the legislature bers of the Convention. The committee, be empowered to increase the number of circuits and circuit judges at the expiration of every five years, and not oftener. Mr. WITHERELL presented the resolution with the view of laying the system before the judiciary committee. The state was but partially settled now, and the circuit judges could perform the duties of a supreme court; but the population was rapidly increasing, and before another Convention was called to revise the constitution, every part might be densely populated. The Upper Peninsula was destined to contain a population as great as a similar extent of country in the states of New York and New Hampshire. Two or more circuit judges in that region would be required, and they could not attend the sessions of the supreme court. Some provision might be made for setting aside a certain number of circuit judges to form a supreme court. Referred to committee on the judiciary. Mr. ALVORD offered the following: Resolved, That the committee on education be instructed to inquire into the expediency of establishing a system of free schools to be supported by general taxation. Adopted. By Mr. BAGG: Resolved, That the committee on banks and incorporations be and hereby are directed to inquire into and report upon the expediency of incorporating into the constitution of this state, as a distinct section thereof, the following, to wit: The legislature shall have no power to pass any act granting any charter for banking purposes. Mr. B. offered the resolution under the full conviction that it expressed the popular will. Our government was based on equality and the principles of equal rights. He believed all banks were based on a doctrine of injustice and unequal rights. Adopted. On motion of Mr. WELLS, Resolved, That the committee on the judiciary be instructed to inquire into the expediency of requiring the judges of the supreme court to report to the Legislature at the commencement of each session, what defects they have observed in existing laws, and propositions for amendment. On motion of Mr. EATON, Resolved, That the committee on the elective franchise, &c., inquire into the expediency of so amending the constitution of this State as to secure to the people of this State an annual registry of the names of all legal voters previous to the election. On motion of Mr. EATON, Resolved, That the committee on education inquire into the expediency of making constitutional provision for the establishment of such a system of common schools as will, by taxation, bestow the facility of acquiring a good education on every child in this State. On motion of Mr. WARDEN, Resolved, That the committee on the elective franchise be instructed to inquire into the expediency of allowing the right of suffrage to aliens, who shall have declared their intention to become citizens of the United States, in accordanee with the naturalization laws thereof, and who shall have resided in this State for one year next preceding any election. On motion of Mr. ROBERTS, Resolved, That the State Printer be instructed to print 480 copies of all articles, and 480 copies of all reports ordered printed for the use of this Convention. On motion of Mr. J. D. PIERCE, Resolved, That the committee on the judiciary be instructed to inquire into the expediency of providing that all acts of the Legislature be submitted to the Justices of the Supreme Court, to decide upon their constitutionality before they take effect, and that subsequently they have no power to declare any act so passed upon to be unconstitutional. & And also, that said committee inquire into the expediency of so simplifying the ju dicial proceedings. as to have but one form of action. And also to provide that the Legislature, at its first session after the adoption of the Constitution, shall appoint three commissioners, whose duty it shall be to reduce to a written code the whole body of the law of this State, or so much thereof as to them shall seem expedient. On motion of Mr. J. D. PIERCE, Resolved, That the committee on incorporations be instructed to inquire into the expediency of providing as follows: 1. That the credit of the State shall not be loaned to any person or persons, nor to any company or association, nor shall the State ever be liable for the stock of any corporation whatever. 2. The legislature shall have no power |