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and I have perhaps just as great an objection to opening the door in such cases as any other gentleman has.

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think it is opening the door at all-at
least I cannot see that it opens the door
to any extent beyond that which justice
requires.

Mr. BURTCH. In order to give the committee on insanity a little something to do, I propose to make a few

The CHAIRMAN. The question before the committee, is upon the amendment of the gentleman from St. Clair, (Mr. CONGER.)

Mr. BURTCH. Exactly; I believe

would not be quite so hard as that. State of Michigan who, unless he had But so far as laws are concerned, so some justice on his side, could get a far as legislative enactments are con- recommendation of the Governor, and Mr. SHEARER. I think this section cerned, I do not believe it is right to a vote of two-thirds of the Legislature, as it now stands is just about as per- give any more advantage to contrac- authorizing extra pay for work that had fect as we can make it; from the fact tors than is given to the people. I been done. There never was a Legisthat if we should open the door for would let them work on an even scale; lature assembled in the State of Michimen to make their applications to the let the contractors and the people act gan which would have allowed such a Governor and other parties, to allow on an even scale, doing business each claim unless the justice of it was as them a certain compensation for losses one according to the contract. In that clear as noonday. Under the circumin consequence of not being able to way a man would be more careful how stances, where the recommendation of fulfill their contracts, it might open the he makes his contracts. But if he is the Governor must be obtained before door for letting in a great many people allowed to make a contract one way the case can come before the Legisla to make those applications for redress and then to have the privilege of ture; and where such a heavy vote of grievances. Change the case; sup-changing it whenever he thinks it is must be obtained in the Legislature to pose that the contractor had made a necessary, I think that would be a very grant relief in such cases, I do not large amount of money out of the loose way of doing business. State; would he be willing to give it Mr. ROOT. I shall favor this amendup to the people? Suppose a man ment, and I am very thankful to the takes a contract at Jackson, and makes gentleman from St. Clair, (Mr. CONGER,) several hundred thousand dollars by for proposing it. I think it is suffithe operation. Would he come to the ciently guarded to protect the interests Legislature and say: "Gentlemen, here, of the State. The case must be a just I have made this amount more than I one in order to obtain the recommenda- remarks. expected to; I will give it back to the tion of the Governor, and receive the State." I think that such would rarely approval of a two-thirds vote of the be the case that you would find a man Legislature. The case which has been so magnanimous as to come to the cited here is one of extreme hardship. Legislature and say: "I have made I know of another case of the same more money than I expected, and I kind. During the war when, as we all I understand what the proposition is. will make over to the State what I know, everything rose in price unex- Now, what is the real extent of this have made more than I contracted pectedly, a certain person who had proposition? We are engaged in makfor." made a contract, continued to perform ing a Constitution; and yet it is proI hold a little to the old Roman doc-it although he lost very much by so posed to put provisions in it for inditrine that men should live up to their doing. I think we should relax this vidual cases. agreements, if they are able to do so. iron rule a little and allow such cases In the first place, I think they should as these, so extreme in their nature, to be very cautious in making their agree- be acted on by the Legislature. I ments, so as to be able to live up to hope, therefore, this amendment will them. But if we allow this loose way be adopted. of doing business; if we allow men to Mr. MORTON. I propose also to make bargains, and, because they did sustain this amendment, the more parAnd he hired others at not forsee the difficulties connected ticularly that I am conversant with the with them, pay them when they have case in Jackson which has been allu- the eleventh hour, to whom he promlost, I think we shall be going too far. ded to. I do not think it is good pol- ised to give a penny. When he came There is no friendship in trade. My icy for the State to take advantage of to pay them, those who went to work friend from St. Clair, (Mr. CONGER,) a mere contract, if they have any pow- early in the day complained that they says that the State should be allowed er under the Constitution to do a man did not receive a quid pro quo for their to act as individuals do, and to hand justice. Here was a man who in good labor; they had worked through the heat out its thousands to favorites and to faith carried out his contract; when, if of the day, and received no more than persons who need them. Now that he had done as many other contractors those who came in at the eleventh hour. may all be very well. Individuals may did, and abandoned it, he never would Now the man who hired them asked take the responsibility of this thing have been prosecuted by the State. them if they had not received the price for themselves and grant favors and But the man, in the face and eyes of which was agreed upon. It seemed to blessings, when they find that they dishonesty in this State, when every-be a settled rule there, that if you paid have taken advantage of their obliga- body considers it a public duty to fleece the price agreed upon, it was an hontions. But when we come to enact the State, went on and fulfilled his con- orable discharge for the payment of laws, let those laws be just, and let tract because he was a man of integri- services. So the man who hired them every man live up to his obligation. ty. He carried out the contract at the asked these men if he had not paid them So far as the law-making power is con- expense of his financial ruin. Now, I what he had agreed to give them, and cerned, I think we should have no say that there should be some way pro- why they should complain if he paid loose legislation which would allow vided by which the State can honor others the same price, though they had He said he had men to take advantage of their own honesty such as this. If he had been a not worked so long. wrong. This seems to be the princi- dishonest man, and he had done as ple laid down, as my friend from Eaton, others have done, he would have aban(Mr. BURTCH,) would say, in early doned his contract and the State might times among the Romans. Then some have whistled for any remedy. I nevmen would allow their own sons to be er knew the State to prosecute a man undestroyed, because they did not fullfil der such circumstances, and I do not bethe obligations laid upon them. Ilieve it ever will. There is no man in the

Now, in the record of the Ancient of Days, will be found a case where the A certain man question of pay arose. went out to hire laborers. He hired some in the early, part of the day, to whom he promised to give a penny. He hired others later in the day at the same rate.

This

a right to do what he pleased with
That is the
that which was his own.
rule we should adopt here.
amendment, however, would open the
door for men to be hanging around
the Legislature, who had neglecetd to
examine into their contracts before

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they made them. Perhaps there amendment, and make it a part of the Mr. HENDERSON. I am informed would be men who are all the time Constitution, these contractors would that the chairman of this committee of hanging around the public crib, and come to the Legislature, whether they the whole, (Mr. PRINGLE,) has leave of who would endeavor to take contracts lost money or not, and take up the absence to-day. In order, therefore, to at much less price than they knew time of the Legislature, even if they enable him to take the train this afterthey could afford to take them should not succeed in getting the noon, I move that the committee now for, and then depend upon the Legis- money of the State. Now, shall we rise, report progress, and ask leave to lature for their salvation. They would deviate from the old provision in our sit again. be whining around here, shédding Constitution, in order to meet this one The motion was agreed to. their crocodile tears for the purpose of case, when in the thousand and one The committee accordingly rose; and reaching the hearts of these generous other cases this, provision as it now the PRESIDENT having resumed the minded men, so that they might open stands has worked properly, correctly Chair, the doors of the treasury, and pay and economically for the people? these contractors this extra pay. Sir, I think the proposition is the most absurd folly and nonsense. And if I should ever offer an amendment so perfectly at variance with good sound common sense, for God's sake, expel from this body for insanity. [Laughter.]

me

Mr. PRINGLE reported that the

Mr. CONGER. I wish the gentleman would withdraw that motion. There are a great many of us who are going home to-night, and we shall not be back on Monday until half-past ten. Mr. LUCE. I will withdraw my motion.

The motion of Mr. CASE was then

agreed to.

I believe this section should be committee of the whole, pursuant to adopted just as it was reported by the the order of the Convention, had had committee, without amendment. If under consideration the article entitled we should adopt this amendment, I "Legislative Department;" had made believe we should live to see the day some progress therein, and had directed when it would return to plague us. I him to ask leave to sit again. earnestly protest against the amend- Leave was accordingly granted. ment of the gentleman from St. Clair, Mr. CASE. I move that the ConMr. LUCE. I should feel that I was (Mr. CONGER.) I have examined it invention now adjourn until next Monneglecting a duty devolving upon me all its aspects and bearings. I would day morning at half-past ten o'clock. if I should permit this question to pass give due weight to the argument of Mr. LUCE. I move that the Conwithout saying a word. For once, I the gentleman from Lenawee, (Mr. vention now adjourn. am happy to agree entirely with the BILLS.) At the same time I believe gentleman from Eaton, (Mr. BURTCH.) that this provision should not be He has stolen my thunder and made amended. I believe it is necessary in my speech. But there are a few things order to preserve the purity of the to which I would like to call the atten- Legislature. Where a contractor whose tion of the committee. It is generally contract involves a half a million or a conceded that our Constitution of 1850 million of dollars, can afford to use is more legislative than the Constitu- fifty or a hundred thousand dollars in Mr. MORTON. If there was a quotion of almost any other State; but I order to corrupt the Legislature, Irum here on Monday at nine o'clock, believe it is not in this respect. In all think we will need such a provision as we might go on with our business. the Constitutions which I have exam- this. I think it is a just provision and Mr. CONGER. If there should not ined I find this provision, exactly or one which should be retained. be a quorum here, then the Convensubstantially as reported by the comMr. VAN VALKENBURGH. I hope tion would have to adjourn until the mittee. And I apprehend that if it the amendment of the gentleman from next morning. were not for this one individual case of St. Clair, (Mr. CONGER,) will prevail. Mr. Davis, of Jackson, this amendment I think the State ought to be placed would never have been presented here. in a position where it can regard cases The Convention accordingly (at Now, in making a Constitution for the of the kind mentioned. I think the twenty-five minutes to five o'clock p. wants and necessities of the people of State should not be prevented from m.,) adjourned until half-past ten the entire State, shall we deviate from doing what my friend from Branch, o'clock a. m. on Monday. the old trodden path for the purpose (Mr. LUCE,) and my friend from Wayne, of providing for one single case? If Mr. SHEARER,) would do, were they that was the only case which would themselves placed in the same situaever be presented to the Legislature, tion. Neither of those gentleman perhaps I might not have so much would refuse to do justice to a conobjection. I would have voted redress tractor, who had exerted his best ento that individual, if I could have done ergies to fulfill his contract, and had so. But I apprehend, as the gentleman lost money by it. If they would, they from Eaton, (Mr. BURTCH,) says, that are different men from what I think if we once open this door it would be they are. I think the State should be hard ever to get it shut again. The put in a position where it could do contractors would appeal, first to the what an individual would do under Governor and then to the Legislature, similar circumstances. I hope the in almost every case; and the time of amendment of the gentleman from St. the Legislature would be continually Clair, will prevail. I think it is due taken up with these applications. to the honor and dignity of the State, I hope this Constitution which we that it should be 'able to compensate are now framing, will stand for a men who suffer loss through contracts quarter of a century. In that time entered into with it. My friend from we shall probably build a State House Branch, certainly would not refuse to which will be the occasion of a con- lend a listening ear to a contractor who tract for a million of dollars, more or had lost money by fulfilling a contract less. And there may be other con- made with him, in which he had used tracts on the part of the State quite as due diligence, and had exerted all his important. If we should adopt this powers in fulfilling his contracts.

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FORTY-FIRST DAY.

MONDAY, July 15, 1867. o'clock a. m., and was called to order The Convention met at half-past ten by the PRESIDENT.

Prayer by the Rev. Mr. STRAUB. answered to their names. The roll was called, and a quorum

LEAVE OF ABSENCE.

Mr. CONGER. By telegram from my colleague, Mr. HAZEN, I learn that his father, who has been sick, died yesterday. I ask leave of absence for him. He has indefinite

Mr. MILES. leave of absence.

Mr. CONGER. Then that will do. Mr. ESTEE. I ask leave of absence for Mr. UTLEY, until Saturday next, on important business.

Leave was accordingly granted.

PETITIONS.

Mr. McCONNELL presented the petitition of Mrs. L. Supry, Mrs. E. Webster, Mrs. M. J. Bailey, Miss Sarah Tooker and 95 others, women of the city of Lansing, asking that section 47, article 4, of the present Constitution of the State, be retained in the new one; which was referred to the committee on intoxicating liquors.

HOUR OF DAILY MEETING.

Resolved, That hereafter until otherwise ordered, the daily sessions of the Convention shall commence at 8 o'clock a. m.

The resolution was not adopted.

ELIGIBILITY TO OFFICE.

Mr. RAFTER. I offer the following resolution:

during the latter part of last week, a

Mr. STOCKWELL. I offer the fol- number of times when we were about ready to vote on some question, some lowing resolution: member had to inquire what the pending question was, because he had been reading a newspaper or something of that kind. It seems to me that it is necessary, if we must attend to matters of this kind, reading newspapers and such things as are foreign to the business of this Convention, we should shorten the hours of our daily session in order to give members time to attend to such things. But while we are in the Convention we should give our undivided attention to the business before the Convention.

Resolved, That a section be incorporated in the Constitution, defining who shall be

eligible to office.

Mr. TYLER. I have here a memorial of the friends of progress in Sturgis, St. Joseph county, to the Constitutional My object in offering this resolution Convention, in favor of free and unre- is to bring it to the attention of the stricted suffrage. I ask that it be read. Convention. In the present ConstituMr. LEACH. If it is designed to have tion there is nothing defining who shall this memorial printed in the journal, I be eligible to office. I know the quessee no necessity of taking up the time tion has occasionally arisen as to who quite annoying to me, and I suppose And there is another thing which is of the Convention by reading it. Mr. TYLER. I move that it be might hold office. I know that in our to a great many other members of this I move that it be town the question once arose whether Convention; and that is, when some printed in the journal. a lady would be entitled to hold office member is speaking upon a question or not. The question has also arisen before the Convention, there is so much at times whether a person under conversation going on in this hall that twenty-one years of age was entitled it is almost impossible to hear the reto hold office. There is nothing in the marks made by the member. I think hold office. present Constitution defining who may that we should in some manner endeavor to give our undivided attention to the business of the Convention duIf we ring the hours of its session. have to shorten our sessions to two hours a day in order to do that, then

Mr. BRADLEY. This is a long petition, and I object to its being allowed to take up so much of the space of the journal. I move that it be referred

to the committee on elections.

The PRESIDENT. The first question will be upon ordering it to be printed in the journal.

The question was taken upon the motion that the memorial be printed in the journal; and upon a division, ayes 28, noes 23, the motion was agreed to.

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The memorial was referred to

committee on elections.

the

Mr. ROOT presented the petition of James Underhill, W. W. Green, M. Herrington, and 60 others, of Hillsdale, asking this Convention to provide a clause in the new Constitution prohibiting the manufacture of spirituous liquors, and the importation of the

same into the State.

Also, the petition of H. H. Hecox, J. W. Wade, and 29 others, of Hillsdale county, on the same subject; which were referred to the committee on intoxicating liquors.

CITIES AND VILLAGES.

Mr. MILES, from the committee on cities and villages, submitted the following report:

The committee on cities and villages, to whom was referred sections 13 and 14, of ar

I find in the Constitution of Minnesota a provision which reads as follows:

I

this article, shall be entitled to vote at any let us do it.
Every person who, by the provisions of
election, shall be eligible to any office which
Mr. VAN VALKENBURGH.
now is, or hereafter shall be, elective by the
people in the district wherein he shall have have no objection to adopting the res-
resided thirty days previous to such election, olution of the gentleman from Mont-
except as otherwise provided in this Consti-
tuiton, or the Constitution and laws of the calm, (Mr. CASE,) if it shall be so
amended as to apply to him alone; oth-
It seems to me that it would be well erwise I shall most certainly object to
to incorporate a similar provision its passage.

United States."

somewhere in our Constitution.

Mr. LUCE. I move that the resolu-
tion be referred to the committee on
miscellaneous provisions.

The motion was agreed to.
READING NEWSPAPERS DURING SESSION OF
CONVENTION, ETC.

Mr. CASE. I offer the following

resolution:

Resolved, That rule 57 of the House of Rep resentatives be adopted as one of the rules of this Convention.

Mr. MCCLELLAND. Let that rule
be read.

The rule was read as follows:
"No newspaper or other matter foreign to

Mr. BURTCH. I am very glad that the gentleman from Montcalm, (Mr. CASE,) has introduced this resolution. If this resolution is adopted, meaning as I do to obey the rules of this Convention, I should not again be caught in the condition I was the other day; question was pending before the Conthat is, reading a newspaper when the

vention. I have observed the same thing in regard to other members, a constant violation of the rules of this Convention. It has been permitted, both by the President and the chairman of the committee of the whole, to allow conversation to be held during

report the entitled Corporations, respectfully the business of the House, shall be read the hours of the session here, to the

.

disgrace and disparagement of the business transactions of this Convention.

report that they have had the same under within this bar during the sessions thereof." consideration, and have directed me to re- Mr. CASE. I think we have all seen port the accompanying article, entitled Cities and Villages," recommending that the necessity of some rule of this kind the same do pass, and ask to be discharged here in this Convention. Perhaps we Mr. TURNER. If it be in order, I will from the further consideration of the subject. have all been guilty of the practice move to amend the rule referred to by M. H. MILES, Chairman. which that rule was intended to pro- the gentleman from Montcalm, (Mr. hibit. Quite a number of times the CASE,) by adding to it the words "exprogress of business has been stopped, cept while some delegate is speaking." on account of some member not under- I have no objection to voting for it in standing the question pending, because that shape. he had been interested in some news- Mr. HOLT. I move to amend the paper or something foreign to the busi- amendment by adding the words, "of ness of the Convention. I think that more than fifteen minutes in length."

The report was received, and the committee discharged.

The article was read a first and second time by its title, ordered to be printed, placed on the general order, and referred to the committee of the whole.

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Mr. LEACH. I move to lay the resolution on the table.

The motion to lay on the table was agreed to.

LEGISLATIVE DEPARTMENT.

Mr. RAFTER. I move that the

Convention now resolve itself into com

mittee of the whole, on the general

order.

The motion was agreed to.
The Convention accordingly resolved
itself into committee of the whole,
(Mr. PRINGLE in the chair,) and re-
sumed the consideration of the article
entitled "Legislative Department."

LEGISLATURE NOT TO AUTHORIZE EXTRA
COMPENSATION, ETC.

The CHAIRMAN. When the committee rose on Saturday, it had under consideration section twenty-nine of this article, which is as follows:

"The Legislature shall not grant nor authorize extra compensation to any public officer, agent or contractor, after the services has been rendered, or the contract entered

not finally allowed, when such claims to use an expression in vogue there, could be presented to the Legislature. "the more stale the claim the more I might remind persons here, old likely it is to be paid by Congress." Mr. F. C. WATKINS. members of the Legislature, of a cer If this tain claim which used to come up from amendment is adopted, every man who Monroe county. My impression is has a contract with the State, every that it was before the Legislature some employee of the State, if he suffers fifteen or sixteen years. It was a loss, or thinks he suffers, will come up claim for a horse. Legislature after here and ask for relief. It will open Legislature pronounced it entirely the door for a countless throng of beggroundless, but finally by the very gars, who will beleaguer your Legisla persistence with which the claim was tures, annoy and delay them, at the pressed, it was allowed. Now, I ask expense of the State and the great detthose gentlemen who are in favor of riment of the public interest. It is this amendment what there is in it to possible, Mr. Chairman, that my friend prevent the presentation of clams in from St. Clair, the very able chairman regard to the northern canal, and the of the committee, (Mr. CONGER,) has northern railroad, and all our railroads made a slight mistake in offering the in this State, which formerly consti- amendment. I believe the section as tuted part and parcel of the State im- it now stands, is just as perfect as the provements? I recollect very well wit of man can make it. while I was in the Legislature that Mr. LAWRENCE. I confess that I these claims were very numerous. And do not see the force of the arguments even in 1853 when I had the honor of that have been used against this being Governor of this State, many of amendment. I am perfectly willing these claims were presented, and some that this body should restrain the of them were calculated to excite the Legislature from doing wrong, I sympathies and feelings of the Legis- cannot, however, see the force of the lature; just as the case which has been arguments in favor of laying restricmentioned here is calculated to excite tions upon them to prevent their rightour feelings and our sympathies. In ing a wrong. If there is any member my legislative experience I have always of this body who desires that one of found that it was an exceedingly dan- the citizens of this State should suffer Mr. MCCLELLAND. I am afraid gerous thing to abrogate a general in consequence of having entered into if we adopt this amendment we will principle, merely for the purpose of a contract with the State, should suffer open a Pandora's box of evils which letting in one or two claims based upon from any cause whatever, who is wilwe do not now expect. The provision sympathy and upon feeling. ling to prevent the State of Michigan, contained in this section was placed If gentlemen will reflect a moment when it desires, from appropriating the in the old Constitution on account of upon the condition of affairs in this money that honestly and fairly belongs a large number of claims that had been State for the last five or six years, I to one of its citizens, then I am very presented, and were being constantly think they will find numberless cases of much mistaken in the character of the presented to the Legislature, con- this kind, not only in regard to the people of this State. Gentlemen seem suming time unnecessarily, and in State, but as betweeen individuals. I to talk here as if the Legislature were many cases without any foundation would like any person to point out not sufficiently grounded in the princiwhatever. Now, sir, what will be the to me one single man who, at some one ples of justice, were not sufficiently effect if the Convention adopt the time or other during the late war, has tight-fisted to audit an ordinary acamendment of the gentleman from St. not lost a great deal of money upon count, and to ascertain whether that Clair? We all very well know that in contracts entered into at the beginning account was honestly and justly due to regard to claims against the State, of the war. Are you going to relieve the individual or not. The only questhere is no limitation. As a matter of all those men; or, in other words, if tion the Legislature should be required

into."

The pending question is upon the amendment proposed by the gentleman from St. Clair, (Mr. CONGER,) to add to the section the following:

"Except upon the special recommendation of the Governor, and by an affirmative vote of two-thirds of the members elect of each House."

burse all the claims that were cut off you cannot relieve those men, are you to ascertain is whether the claimant is

by this provision in the present Con- going to take the money out of the honestly and justly entitled to the stitution, and all the claims which have pockets of other men for the purpose money he asks. Who does it enrich if a subsequently arisen, will be presented of paying the deficiencies in prices al-man is robbed of a thousand dollars to for the action of the Legislature. It lowed to your State contractors? If which he is honestly and justly entitled? does not appear to me to be sufficient, the claim mentioned here is allowed, Does it put a penny in my pocket, or that the amendment proposes to com- as it surely will be if you relieve the half of it, when diffused all over pel the claims to pass through two this section from the restriction the State? Is any gentleman pecuchannels. I have no doubt that our which has been in operation for seven- liarly anxious to have two or three present Governor, in whom I have teen years past, no man can anticipate thousand dollars which honestly begreat confidence, would act justly and the amount of claims that will be pre-long to one of our citizens, taken properly in regard to all claims that sented against the State. These claim- by the State in order to save him might be submitted to him. But there ants are very persistent and enterpris- from some little taxation? Does it are such things as facile Governors, ing, and I will guarantee that at some impoverish him much even if a dishonmen who can be imposed upon, men time or another they will be presented est claim should be allowed for a few whose sympathies and feelings can be to the State if this amendment is hundred or a few thousands of dollars? operated upon; and there may be Leg-adopted. Gentlemen who have been Do we have to pay any less because islatures equally facile with your Gov- in Congress know very well that claims one of our citizens, who has met his ernors. I hardly ever saw a claim that seventy years old are still pressed upon contract like an honest man even to had any merit in it at all, which was Congress, and the older the claim, or, impoverishing himself, is not paid by

the State? Notwithstanding there has and I am in debt now on property Where parties have been aggrieved in been so much said in regard to this, I which, if I could have expended the common relations of life, they have cannot see the force of this argument. my money legitimately, would have a right to let their sympathies govern I was glad when the gentleman from canceled the debt; the debt now hangs them. St. Clair, (Mr. CONGER,) moved this over me. But we have one of those wise But here as a deliberative body, to amendment. I do not find that the laws which relieves men from all in-frame the organic law of the State, I people of this State wish that any man debtedness, and places them as they hold that we have no right to take who serves them shall not be reim- were before, free in that respect. It is the property of others, and use it bursed for that which he has expended true that there is a vast amount of through the medium of our sympathies. honestly in carrying out his contract. hardships in connection with the af- The Governor of the State is to be As was stated by the venerable gen- fairs of men. It is true that men have appealed to; two-thirds of the Legistleman from Oakland, (Mr. VAN VAL- misjudged a thousand times, and, in lature are to be appealed to. And to KENBURGH,) there is no member on this consequence of their misjudgment, do what? To yield to a sympathetic floor who would not take it as an insult, they have failed to make money. That appeal, and take money from the treasif an honest and poor mechanic should is not all; they have lost money which ury to assist some person on account enter into a contract with him and they had before. Now, how can we of some pretended grievance. I hold make a mistake, or in consequence of provide for all these cases in the fun- that you have the right to give what a change in prices sustain a loss-who damental law of the land? I do not you please, and to make what presents would not take it as an insult if any see that any proper provision can be you please of your own money; but I one would suppose that he would not made. As I remarked before, a door, hold that no one has a right in a legisreimburse him for his loss. Why it seems to me, will be opened, which lative capacity, to take the property of should the State act like Shylock? will cost the State of Michigan thou- one individual, and give it to another unjustly, because of sympathy. If we establish such a practice as that, as a principle of law; if we say that our Legislatures hereafter shall be governed by feelings of sympathy, contrary to the established principles of justice and the law in regard to agreements, then I think we transcend our duties.

Why should the State say "it is so nominated in the bond?". Why is that argument echoed all over this hall? I cannot see the force of that argument.

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sands and thousands of dollars. Let these men here who are so generoushearted, whose purses are so long and deep, and well filled, show their sympathy and their enlarged humanity by Mr. LONGYEAR. I move to amend- contributing of their own means, to the amendment by adding to it the save those who have suffered from loss. words: "This exception shall not apply But I venture to say that if one should to any case arising before the first day call upon those men who advocate I will illustrate by going into details. of January, 1861." It seems to me these doctrines here, to open their Two men, A and B, each make a conthat it is unsafe to open the door gene- purse strings, they would be the very tract with the State of Michigan to rally for all claims no matter when last men to do it. perform certain duties. A goes on arising. At the same time, it seems to Mr. SHEARER. It is very well like an energetic man, fulfills his conme eminently just and proper that we known that claims which would be tract, and makes money by so doing. should open the door far enough to presented to the Legislature hereafter B neglects his duty, squanders away enable the State to afford relief for in consequence of a failure to fulfill con- his time, and does not perform the great hardships which have occured tracts, during the time from 1861 till business he has engaged to perform, during the late war. There is no the Legislature would be in session, and through sloth, and negligence, or doubt that many persons within this would be vast in amount; whether something of that kind, fails to make State are now groaning under the just or unjust, they would be vast in a proper profit from his contract. B weight of indebtedness, and of obli- amount. I could not go for the will come to the Legislature and ask gations which they cannot discharge, amendment from the fact that it propo- to be remunerated for losses which he owing to the rapid rise in the price of ses to interfere with a just principle. It could not foresee. Now are the Leggold, and the prices of products and is well settled, both in statute and com- islature to make men perfect, so that materials necessary to carry on con- mon law, that an agreement made be- they can foresee future events? Are tracts with the State. I think this tween parties should be always binding. we to permit the Legislature to go on rapid rise commenced about the first If any gentleman will convince me that and legislate men into the performance of January, 1861; and that is the sympathy has anything to do with of their duty, of providing for failure reason I have fixed that date in my agreements between parties to perform to foresee and to calculate for all amendment. I believe that would certain duties, and public transactions, the mishaps that may befall them? cover all the meritorious cases which if he will convince me that the sympa- Are we to do it by this amendment, or have arisen during the war, and in thies of men should be appealed to in the amendment to the amendment? consequence of the high prices grow-establishing very great principles of Can we increase the capacity of men. ing out of the war. I hope the amend- law, then I would be willing to go with to look forward into the future, and ment to the amendment will be adopted. him for this amendment. But I hold enable them to make their bargains all Mr. BURTCH. Lest that amend that sympathy has nothing to do with just and right? No, sir; no legislament should pass, from the fact of its establishing a principle of justice. Jus- tive body could do such a thing. But being introduced by a gentleman whose tice knows nothing of sympathy. Jus- by adopting the amendment or the influence upon this floor is ponderous tice is based upon the principle of amendment to the amendment, we and weighty, I desire to make a few right. It is always supposed that con- would be allowing the Legislature to suggestions. If the argument of the tractors have equal rights to establish prepare the minds of men to make gentleman is sound and logical, then I an agreement between themselves and sharp bargains with the State, and think it would be well for us to enter other parties. There are a great many then, if they fail through some misinto a policy of general insurance sympathies that appeal to the better conduct or negligence of their own to against losses. And if that is done, I feelings of mankind, which every man carry out the contract, the Legislature think I may go in for a share in conse- and every individual is apt to yield to. is to pay them for that failure. quence of prices being increased during So far as individuals are concerned, the war. I have paid out my money, they have a right to be sympathetic.

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In all business transactions among men it is evident that there should be

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