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“But this purpose is fully accomplished. The roll was called and a quorum an- reference to a memorial presented by when the law has, but one general object, . which is fairly indicated by its title. To re

me on yesterday. Although there quire that every end and means, necessary to


were but two names signed to that the accomplishment of this general object,

memorial, yet it purported to come

Mr. TURNER. I have received a should be provided for by a separate act relating to that alone, would not only be sense- telegraphic despatch which renders it:

from a convention of a number of peoless, but actually render legislation impos

ple, and was certified to by the presisible.” necessary for me to go home this mor

dent of that convention, and by the Therefore, according to this decisning on important business. I there, ion of the supreme court, in order to

fore ask leave of absence for myself un

till next Friday morning. make the Constitution express clearly

particular myself about having any such

. upon its face what is meant, it would

Leave was accordingly granted. :::

paper presented by me published in

the journal, unless it is a proper paper be as well to make the amendment |


to be spread upon our record. Out of I have submitted.

Mr. NINDE presented the protest of courtegy to that convention. I asked The amendment of Mr. SrougĒTON Wm. Cross and 53 other citizens of the

m., Cross and 53 other citizens of the privilege of having that memorial was agreed to.

| Ypsilanti, against license for the sale printed in the journal, and that privin The CHAIRMAN. The question of intoxicating liquors. ..

lege was granted to me. If it is now now recurs upon amendments to section. Also, the protest of D. B. Dodge and };

. Dodge and deemed to be improper, I have no 94 others, against license for the sale

anxiety to have any improper docuMr. CONGER. I withdrew my moof intoxicating liquors; which were

ment placed upon the records of this * tion that the committee rise, merely to referred to the committee on intoxi

Convention. I believe, however, that allow the consideration of other mat-cating liquors. : : : ..

there was no wrong perpetrated upon ters than those connected with section Mr. HOWARD

SHOWARD presented

presented the

the the Convention, or upon the people, by twenty-seven,

petition of D. A. Huyck, E. B. Sparks, such a course. I think it is a right CKMAN I understood Frederick Lousby and 22 others, legal, which should be accorded to those who that the amendments offered here were

monta offered here were voters of Vienna, Genesee county, for purport to memorialize this Convention offered, not with regard to whether the retention of the principle of sec- lint

the retention of the principle of sec. in the petition referred to. they would be regularly in order, but tion 47, article 4, of the present og

tion 47, article 4, of the present Con- Mr. DANIELLS. As this petition pose of having them go on stitution; which was referred to the has already been published in our

so that we may see them committee on intoxicating liquors."; journal, it seems to me that we bet

morrow moring. I offered Mr. MOCONNET presented the ter let it go now, and look out here my amendment with that view. As it petition of William Ware, Nathan 0.

after in regard to what we order was ruled out of order by the Chair, I Tenney, J. B. Ellsworth and 15 other

15 other printed in the journal. I therefore inon citizens of Athens, Calhoun county, move to lay the resolution on the table the journal or not. I rise merely to praying that section 47, article 4, of

praying that section.", article 4, 011 The motion to lay on the table was ascertain how that will be. the present Constitution, be retained

not agreed to. The CHAIRMAN. The understand in the new one; which was referred to

in the; which was referred to The question recurred upon the resi ing of the Chair is, that all these the committee on intoxicating liquors. Lolition mendments will be printed in the MEMORIAL OF FRIENDS OF PROGRESS, ST. Mr. STOUGHTON. In reference to


the memorial presented yesterday, by Mr. BLACKMAN. That is all that Mr. FARMER. I offer the following my colleague, (Mr. TYLER,) I woulă I desire. resolution:

say, that on examining it, I find a resMr. CONGER. I now move that the Resolved, That a certain memorial printed olution attached containing a request committee rise, report progress, and in the journal of July 15th, be omitted in

that the memorial be spread upon the | printing the debates and proceedings. ask leave to sit again... · I offer this resolution, not from any

journal of this Convention. The orThe motion was agreed to.

ganization, or association, or convendisrespect towards the individuals who The committee accordingly rose; and

tion which adopted this memorial, the PRESIDENT having resumed the

signed it, or towards the gentleman
who presented it, (Mr. TYLER,) but I

I believe was a very respectable one, chair,

and composed of many very excellent Mr. PRINGLE reported that the

find that it occupies a large space in committee of the whole, pursuant to our journal. It is no more nor less pe

people. I know personally, one gentle

man who signed the memorial; he is a the order of the Convention, had had : than a petition, and I think it should

man of high respectability, and an excelunder consideration the article entitled il have taken the same course of all other

ent citizen. It seems to me that unless “ Legislative Department,” had made petitions and have been referred to a

there is something improper in it, the committee. We are not in the habit some progress therein, and had instructed him to ask leave to sit again.

request of these memorialists should of printing in our journals petitions on

be granted. We have in many instanLeave was accordingly granted... the matter to which this one relates. I

ces spread upon the journal of this , Mr. LAWRENCE. I move that the do not see any propriety in making this.ces, spread

Il body, memorials of different organiza- . Convention now adjourn. any exception to the general rule. Il

tions. I see no reason, myself, why hope this resolution will pass, and that · The motion was agreed to; and acnondinole lot foramina animacione nel hereafter all similar memorials will be any excephou saoud De Wade 1 This

case. We might perhaps not coincide referred to committees without being p. m.,) the Convention aājourned. printed in the journals and in the de

with the particular views of those who bates.' I can myself see no propriety

presented this memorial. But it is one

of the inherent rights of the people to FORTY-SECOND DAY. in printing in the journal a petition,

l present their petitions and memorials not from any large recognized body or

to bodies of this kind, and have them association, but from a number of indi

treated alike in all cases with respect. TUESDAY, July 16, 1867. viduals, like hundreds of other cases

Since this petition has already been The Convention 'met at nine o'clock in which petitions have been sent here

printed in the journal it might be cona. m., and was called to order by the and referred. :::

strued into an undeserved rėproach, if PRESIDENT.

Mr. TYLER. I suppose the gentle

we now strike it off. I am in favor of Prayer by Rev. Mr. STRAUB.. Iman from Berrien, (Mr. FARMER,) has





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Mr. FARMER. I do not propose to objected to, or likely to lead to debate, The motion to lay the resolution upon strike it from the journal. I merely I will withdraw it.

| the table was agreed to. propose it shall be omitted from the Mr. P. D. WARNER. Is it compe-| RIGHTS OF MEMBERS OF THE CONVENTION. debates.

1 tent for the gentleman to withdraw his Mr. BURTCH. I offer the foMowing * Mr. STOUGHTON. I think it resolution after an amendment has lineamible and resolution. should take the course of all other me- been offered to it?

Whereas, The people of this State have morials of this kind; therefore I shall The PRESIDENT. It is not com-I called this Convention together for the purvote against the resolution.

1.petent for him to do so, without the pose of reconstructing the fundamental law

Londont of the main of the among of the State; now, therefore, be it :: : Mr. LAMB. I call for the yeas and

: consent of the mover of the amend-1°

Resolved. That this Convention will be - nays upon the resolution.


more likely to preserve its dignity, maintain The yeas and nays were ordered. :| Mr. P. D. WARNER: I will not order, promote the honor and dignity of its Mr. P. D. WARNER. I see no im- obiect..

members, secure life, liberty and the pursuit

of happiness to the citizens of this common. propriety in adopting this resolution. The PRESIDENT. The resolution wealth, by a just recognition of the sacred This memorial will stand upon the will be considered as withdrawn. : rights of man, especially upon the floor of journals of this Convention published | Mr. BARBER: Can the resolution

this House, which will be done by having a

.DANDMI. Can we resolution just regard for that sacred aim of doing unto with its proceedings. I see no neces- be withdrawn pending the motion to others as you would they should do unto you. sity for publishing it also in the jour-lay it upon the table ?

Mr. GIDDINGS. I move to lay the nad of debates of this convention, +7 The PRESIDENT. The Chair is of preamble and resolution upon the table. think one publication, to go before the the opinion that it is

the opinion that it is competent for the Mr. HENDERSON. I move that people for all time to come, will be sufgentleman to withdraw it.

they be indefinitely postponed. ficient. I hope the resolution will be

1 The resolution was accordingly with The PRESIDENT. The first quesadopted. The question was then taken, and drawn.

tion will be upon the motion to lay

| upon the table. the resolution was agreed to; yeas 44, PROVISIONS OF THE CONSTITUTION TO BE Mr. BURTOH. Mr. President , nays 36, as follows:

SUBMITTED SEPARATELELY TO THE PEO- The PRESIDENT. The motion to YEAS---Messrs. Aldrich, Brown, Burtch, PLE.

to lay upon the table is not debatable. Burtënshaw, Case, Chapin, Chapman, Cool

1 Mr. SUTHERLAND. I offer the The preamble and resolution were . idge, Corbin, Crocker, Divine, Duncan, Elliott, Farmer, Germain, Harris, Holt, Ingalls, I following resolution:

laid upon the table. Leach, Longyear, Luce, McConnell, Mcker- Resolved. That the question of electing orl... STATE OFFICERS.. .. nan, Miles, Miller, Mörtop, Ninde, Pratt, l appointing the judges of courts of general Rafter, Richmond, Stockwell, Sutherland, jurisdiction of prohibiting or granting

The PRESIDENT. On the twentyThompson, Turner; Yan Riper, Van Yal-licenses for the sale of intoxicating liqüors. eighth OIDUne the Convention poslans

liquors eighth of June the Convention postkenburgh, Walker, P. D. Warner, M. C. lofavtanding an weithia

of extending or withholding the right of suf. poned the article entitled “State Walkins, White, Withey, Woodhouse, Wright frage in respect to women and negroes, and officers." to this day, and made it the and Yeomans-44.

of annual or biennial sessions of the LegislaNAYS--Messrs. Alexander, Andrus, Barber,

er, ture, shall be separately submitted to the peo- special order for to-day. The pending Bills, Blackman, Bradley, Conger, Daniells,

ple; and to this end sections pro and con upon question is upon the motion of the Estee, Giddings, Henderson, Hixson, Holmes, Howard, Kenney, Lamb, Lawrence, Lovell, tion, and submitted as alternative, separately

those subjects shall be settled by the Conven- gentleman from Lapeer, (Mr. LAMB,) McClelland, Mussey, Musgrave, Parsons, from the body of the Constitution.

to strike outsections one, four and five, Priogle, Sawyer, Shearer, Sheldon, T. G. Smith, W. A. Smith, Stoughton, Tyler, W. I have offered this resolution for the

of the article, and to insert in lieu of E. Warner, F. C. Watkins, Willard, Winsor, | purpose of placing these questions in:

section one a substitute which he ofWilliams and the President-36. such a form as to enable members of

fered. The sections proposed to be Mr. MCCLELLAND not responding the Convention, and the people gener

stricken out are as follows: when his name was called,

SECTION 1. There shall be elected a Secreally, to exercise the widest range of te * Mr. HIXSON moved that Mr. I choice in reference to these four or five sioñer of the State Land Office, a SuperinMCCLELLAND be excused from voting propositionsThere may be a disno tendent of Public Instruction, an Auditor

Mr. MCCLELLAND. Ido not know Sition perhaps to submit onlü some of f General and an Attorney General, for the anything about this memorial; - did them separately; but it would be my l his office at the seat of government, and shall

que ut | term of two years, each of whom shall kecp ::: not hear it read, and I have not read it desire to have them all, or the larger perform such duties as may be prescribed by myself. I do not know whether it portion of them, submitted separately. Sec. 4. The Secretary of State, State Treasshould go upon the journal or not. In to the people, or to submit none of lurer and Commissioner of the State Land fact, we' do so many foolish things them. It is for the purpose of obtain-Office, shall constitute a board of State Au

ticular ob-ling at this early day the sense of the ditors, to examine and adjust claims against Jection to this being printed in the Convention upon this subject, that I scribed by law. They shall also constitute a

the State, within such limits as shall be preproceedings also. I shall therefore have offered this resolution in order board of State Canvassers, to determine the vote against the resolution.

that I may be able myself to decide!
that I madhe Ghla myself to decide result of all élections for Governor, Lieuten.

how to vote on these questions.:

| ant Governor, all State officers, and such

other officers as shall by law be referred to Mr. TURNER. I offer the follow

Mr. CONGER. I think perhaps it them. ing resolution:

Sec. 5. In case two or more persons have might be prudent for the Convention

Jan equal and the highest number of votes for Resolved, That the resolution heretofore To wait unui we see which OI these any office, as canýassed by the board of State adopted granting to the messenger boys the propositions are adopted, or in what Canvassers, the Legislature, in joint convenuse of the grounds in front of the Capitol, for form they are adopted, before we de- tion, shall choose one of said persons to fill the purpose of playing ball, &c., shall not be cide upon such a resolution as this.

such office. Whenever the determination of

Il the board of State Canvassers is contested. 80 construed as to interfere with the rigbits of: the members and officers of the Convention shall be very willing to take up this the Legislature, in joint convention, shall deto practice the like sports.

I matter when the proper time comes. / cide which person is elected. :: Mr. P. D. WARNER. I move to but I am not willing to consider it at The substitute for the first section is

add to the resolution the words “dur- the present time. Therefore, in order as follows:: . . ing the recess of the Convention." to have time to consider so important SECTION 1. There shall be elected in this * Mr. CONGER. I move to lay the a proposition, I move that the resolu- State a Governor and Lieutenant Governor, resolution upon the table. tion be laid upon the table for the

and such other officers as the Legislature

may determine, with such powers and duties Mr. TURNER. If the resolution is present. :

as may be prescribed by law.

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Mr PRINGLE I move to amend Mr. PRINGLE. For the purpáse of The only reason assigned for it then was the substitute by inserting the word giving an opportunity to have the vote that we were getting too much legisla66 State treasnrer," after the words taken upon striking out, as desired by] tion in the Constitution. I greatly fear 6 Lieutenant Governor:* so that it will the gentleman from Van Buren, (Mr. that the reform, if it were to commence rendi I BLACKMAN, I will withdraw my amend- here, would be in the wrong place.

One great object of a Constitution is to on There shall be elected in this. State a ment to the amendment. Governor, Lieutenant Governor, State Treas- Mr. SUTHERLAND. I call for the have stability in our State government. urer, and such other officers as the Legisla- yeas and nays. .

If the appointment of State officers is ture may determine, with such powers and

such powers and

mine verso

The yeas and nays were ordered. left wholly to the Legislature, it seems duties as may be prescribed by law."... Mr CONGER I would inquire to me it will destroy this great and very : Mr. CONGER. I do not propose I what will be the first question to beldesirable consideration. Instead of to occupy the time of the Convention token

having a stable government, we would by any debate upon this proposition: The PRESIDENT. A division of have one which might be upset every For myself, I am satisfied upon reflec- the question has been demanded, and time the Legislature should be in segon tion, that this amendment is very un- the first

the first question will be upon striking sion; we would have nothing firmly. wise, and will be very fruitful of diffi

a out..


established. Every time the Legisla .. culty. I am in favor of leaving section Mr. BLACKMAN. I would also ture met they might not only change , one of this article as 10 was reported I ask that a separate yote be taken upon any State office, but they might abolish : by the committee. I desire to call the tilein

the striking out each section proposed to it, and thereby thwart and defeat the attention of the Convention to the fact be stricken ont

clear intention of the people. It seems that this proposition, as submitted by The PRESIDENT. The first ques- to me that the wish of a great majority the gentleman from Lapeer, "(Mr. I tion will then be upon striking out of the people is that all State offices LAMB,) would leave the question of section one of this girticle

I should be provided for in salaries, undetermined. Any change Mr MUSSEY Before the roll; in the law relating to these 01-1 called I desire to say one word in ex-l be continually importuned to change ncers, even a change of name, planation of my yote. I voted on a the State officers and create new oneg. would require a change running I former occasion for this amendment: If this amendment should be adopted through the whole body of our laws, I do not proposé to vote for it now waenever there is any rererence to the stated upon a former occasion, that, in l of State officers which might be created . duties to be performed by these offi

performed by these om my view, there should be in the funda- by the Legislature. A number might cers by name.

i t seems to me mat å mental law of the State a provision be created, of which we have no con

It seems to me that a more indiscreet proposition could not defining the polia

ob defining the policy of the government, ception at this time; created for this be made in this Convention, and for and in

and in doing so that there should be a purpose, and that purpose, until the no good purpose whatever. It will in-des

W 19designation of the State officers. Not organization of the State government . troduce inexplicable confusion and with

withstanding I have opposed every- would be entirely changed. It seems . mischief. I do not wish to debate this thing of ale

se to debate this thing of a legislative character, or did to me that this proposition is too radisubject any more than to simply express these views, and to call the atten

vention was otherwise, still I think if to retain this article just as it stood in :: tion of members to one or two injuri

this amendment should prevail, it the Constitution of 1850, and as it was

was proposinon. would leave the matter so that the in the prior Constitution. No inconwould introduce.*** Mr. WALKER.

Legislature might provide for their venience has been felt in consequence In addition to

appointment in some other way, I do of that article being in our Constituthe remarks made by the gentle

not think it would look very well to tion; but I greatly fear that if this man from St. Clair, Mr. CON

strike out all State officers, and leave change is made we shall experience GER,) that if this proposition should the

the Legislature to provide for their great inconvenience. be adopted, the question of salaries a

es election, or appointment, as they might Mr. HENDERSON. It will be reccould not be determined by this Convention, but would be left to the begin this Constitution for the election of reconsider was offered by myself, as a Islature, or some other authorwys loverseers of the highways, school in-ligibstivite for the motion of the gentle would remark Turther, what the matter spectors and other officers, when it is man from Kalamazoo, (Mr. GIDDINGS,) of appointing or electing these officers | very doubtful whether we may need to make this subject a special order. would be left entirely to the Legisla- | them or whether we should make the motion to reconsider was not then ture. With this provision, the Legis-1 them constitutional officers. In order entertained, as it was ruled out of orlature mig at provide Tornag apponal to maintain some appearance of con- der. During a temporary absence from ment of these officers, and not for

10 sistency in the Constitution, I think if my seat, the gentleman from Kalamatheir elecnon by the people, whico

? we are to retain town officers we should loo withdrew his motion and renewed suppose would not be in accordance retain the State officers. Therefore, Il mine. I gave, at that time, in part, my with the genius of our institutions or

shall vote against the amendment, and reason for desiring to make such a mothe wishes of the people of the State. lin favor of at least the first section of tion I will not now however take up Mr. BLACKMAN. I desire to say thi

the time of the Convention to give my that I fully agree in the remarks which

Mr. STOUGHTON. I do not in- reasons in full. Although it may rehave been made by the gentlemen who have preceded me upon this question.

on tend to take up the time of the Con- fiect unfavorably upon me, I willfrankly I rise for the purpose of asking if we me

ho vention with any extended remarks. confess that I voted for the substitute, can have a division of this question,

The history of this proposition is prob- although I felt at the time that I did and have the vote taken upon striking

ably still fresh in the recollections of not agree with this provision. But out?

all the members of this Convention. thinking that we were drifting to one The PRESIDENT. That would be After going thro

he After" going through this article in extreme, and that by the adoption of in order after the Questions taken committee of the whole, and perfecting this substitute we would be brought upon the amendment to the amendmit to the comandait, a motion was made in Convention to to a stand-still, and would be led to

strike out three sections of the article, review our action, I voted for it. I menti

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then opposed putting off this question; l pending, was offered by the gentleman Thompson, Tyler, Van Riper, Van Valkenand thought we were as well prepared from Lapeer, (Mr. LAMB,) and adopted F. C. Watkins, White, Willard Winsor

bugh, Walker, P. D. Warner, M. 0. Watking, to yote then as we ever would be. Had by the Convention. Subsequently, a Withey, Williams, Woodhouse, Yeomans and I anticipated a lengthy debate at this motion was made to reconsider that the President-62. time, I would have given the subject action, which prevailed, so that the Mr. LOVELL, when his name was some attention. I hope, however, that original question is now before the called, said: I desire to state that I we are now disposed to vote upon it, Convention. Before the gentleman voted the other day for the substitute. dispose of it, and go on with the con- from Lapeer submitted his motion, I Mr. FARMER. I call the gentlesideration of other subjects...

think the words, « at each general bi-man to order. I believe I was ruled Mr. GIDDINGS. I moved to make enniel election," were stricken out. out of order a few days ago, when I this subject the special order for to- Perhaps there had been some other undertook to explain my vote. : day, not with a view to bringing on any amendment adopted. : : :

The' PRESIDENT: 11 the Chair discussion, because I did not suppose The PRESIDENT. The anestion remembers correctly, the ruling was there would be any of consequence. I now is upon the proposition of the

the that it was not in order for a member supposed that the time allowed us to gentleman from Lapeer to strikè out to

to explain his vote upon a question this matter would proba-l and insert A division of the question which was not of itself debaatble. bly save the necessity of any discussion. has been called for, and the vote will:

as been called for and the vote will This question being a debatable one, more for the purpose of ask- be first taken upon striking out section in the opinion of the Chair, it is difing the Chair what was the motion one of this article. It is the opinion

ferent from the question to which the the yeas and nays were or- l of the Chair that a motion to strike gentleman from Berrien, (Mr. FARMER,) dered. I have understood it was upon out and insert, whether divided or not,

ether divided or not refers. Therefore, under the practice the proposition to strike out the first is not the same as a motion to strike which has prevailed here, the gentlesection of this article...

out. The effect of a simple motion to mån from "Genesee; (Mr. LOVELL,) will The PRESIDENT. The Chair un-strike out if carried would he to leave be allowed to make his explanation." derstood the ordering of the yeas and

alter Mr. LOVELL. I voted in favor of nays to apply to the first division of the tion or amendment. But the Chair| the substitute the other day not bequestion, which would be to strike out is of the opinion that the same effect cause the first section of this article. . .

does not follow a motion to strike out, but because I supposed it might afterMr. PRATT. I would like to make and insert even though that be a an inquiry. I was not here when this feated and the question be first taken

substantially the first section of this discussion touk place. I desire to in- lupon striking out. If this motion does article. I was in favor of the first secquire whether this section was amendnot now prevail, the section will then

tion as it stands, and therefore I vote ed at all by the committee ?

I be before the Convention, as amended now against striking it out.
D. My, impression previous to the adoption of this sub-

dish The PRESIDENT. The next quesis that the words," at each general bi-stitute. As the Chair understands,

tion is upon striking out' section four ennial election," were stricken out.

certain amendments made in commit of this article. Mr. GIDDINGS. I think that was tee of the whole were concurred in b

was tee of the whole were concurred in by. The section was as follows: the fact; I think they were stricken out the Convention. The Chair has not

1: "The Secretary of State, State Treasurer, on my motion.

and Commissioner of the State Land Office I those amendments before him. They shall constitute a board of State Auditors, to The PRESIDENT. The Chair is of will. however, be prepared by the l examine and adjust claims against the State,

on that there were several Secretaring and at the proper time within such limits as shall be prescribed by 'amendments made to this article; but read to the Convention.

law. They shall also constitute a board of

The vote first State canvassers, to determine the result of they do not now appear upon the copy to be taken is upon striking out the lall elections for Governor, Lieutenant Goverwhich the Chair has before him. The first section of this articles and upon nor, all State officers, and such other officers slips of paper containing the amend that question the yeas. and nays have

as shall by law. be referred to them." ments seem to have been taken off after been ördered: The section, as amended, i

a The question was taken upon strithe substitute for the three sections is as follows:. .:

king out the section, and it was not were adopted by the committee..

Tagreed to. . Mr. PRATT. I would inquire in re

nroll "There shall be elected a Secretary of The PRESIDENT. The questions

State, a State Treasurer, a Commissioner of gard to the effect of the motion now the Staté. Land Office, a Superintendent of now is upon striking our seculou ive On pending; whether if we refuse to strike Public Instruction, an Auditor General, and this article. out this first section, we would thereby an Attorney General, for the term of two

The section was as follows::: years, each of whom shall keep his office at be prevented from offering an amend the seat of government, and perform such "In case two or more persons have an ..ment to it?

| duties as may be prescribed by law." equal and the highest number of votes for . The PRESIDENT. The Chair would The question was then taken upon

any office, as canvassed by the board of State

anyaggers, the Legislature, in joint convennot consider this the same as a simple strikina

striking out section one, and it was tion, shall choose one of said persons to fill motion to strike out; it is a motion to no

güch office; whenever the determination of the to not agreed to; yeas 17, nays 62, as fol16 strike out and insert. After the vote lowa

0.4, US 10 board of State canvassers is contested, the

Legislature, in joint Convention, shall decide has been taken upon this question, in

in which person is elected.” the opinion of the Chair, it will beli YEAS-Messrs. Alexander, Burtch, Chapin,

Mr. LUCE. I voted for the amendwithin the province of the Convention Lamb. Lawrence, McClelland, McKernan, I ment of the gentleman from Lapeer, to still amend this section.

Miller, Richmond, W. A. Smith, Sutherland Mr LAMB.) the other day, partly with

na mland W. E. Warner-17. Mr. CASE. If I remember right, I

Nays-Messrs. Aldrich, Andrus, Barber, the intention of getting rid of this secthink there was an amendment made Bills, Blackman, Bradley, Brown, Burten- tion. It seems to me that there is no to this first section. I think there shaw, Case, Chapman, Coolidge, Copger; use in keeping this section here, and were inserted these words: “and such a

Crocker, Daniells, Divine, Duncan, Estee,
Germain, Giddings, Harris, Henderson, that 10 may work bujuriously u 1

that it may work injuriously if it is other State officers as the Legislature Holmes, Holt, Howard, Ingalls, Kenney, retained. I hope, therefore, that the shall direct."

Leach, Longyear, Lovell, Luce, McConnell, section will be stricken out. I think Mr. CONGER. I think the record Miles, Mussey, Musgrave, Ninde, Parsons,

Pratt. Pringle, Rafter. Root. Sávyer Shearer. I those gentlemen who are opposed . Will show that the proposition now Sheldon, T, G. Smith, Stockwell, Stoughton, to legislating in the Constitution,

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should vote for striking out this sec- Convention now resolve itself into Mr. CONGER. I call for a division, tion. One objection I have to it is, in committee of the whole on the general and, ask that the vote be first taken upthe case of a tie vote, there would be order.

I on striking out... no way to provide for a new election, The motion was agreed to.

The CHAIRMAN. The first quesexcept by calling the Legislature to The Convention accordingly resolved tion will then be upon striking out the gether. I think some law can be pass- itself into committee of the whole, (Mr. word “five," in the amendment of the ed to provide for such a case, better PRINGLE in the chair,) and resumed the gentleman from Kent, (Mr. M. C.. than it can be provided for by keeping consideration of the article entitled WATKINS.) this section. I hope, therefore, that “Legislative Department.”...; if Mr. CÔNGER. That is not the the section will be stricken' out.


.. point I intended to reach. I supposed · The question was taken upon stri

that I would obtain a separate vote king out the section, and it was agreed

The CHAIRMAN. When the com-l upon striking out the word ten" in to.

mittee rose yesterday, it had under the original section... 'The PRESIDENT. The Convention consideration section twenty-seven of

The CHAIRMAN. The first ques. having refused to strike out the first this article, which had been amended

tion before the committee is upon the section of this article, that portion of to read as follows:

| amendment to the amendment. the motion of the gentleman from "The Legislature shall not authorize any

Mr. CONGER. I then withdraw Lapeer, (Mr. LAMB,) which embraced

mancity or township to pledge its credit for the

| purpose of aiding in the construction of any my call for a division. a substitute for the first section néces- railroad to an extent whereby the outstand- | The "CHAIRMAN. The question sarily falls. : ling indebtedness, exclusive of interest, on ac-.

will then be upon the motion to strike NO PD WARNER. Mr. P. D. WARNER. I desire to la

I dasina to count of aid to any and all railroads, shall ex-wand

ceed ten per cent. of the assessed valuation of out “five," and insert "twenty," in the state for the information of the Con- such city or township. Nó county shall be amendment of the gentleman from vention that it will appear by authorized to pledge its credit for any such

Kent. reference to the journal, that section purpose." .

Mr. HUSTON. I do not propose

The gentleman from Kent, (Mr. M. one of this article was amended upon the motion of the contlamon from 10. WATKINS,) moved to amend this sec-10 vale upon u be be of me

committee of the whole upon this Kalamazoo, (Mr. GIDDINGS,) by strik- tion

by striktion by striking out the word "ten," ing out the words “at each general and inserting the word “five;" pend-19

question." If I could have my way hionniol lantion » Section four of this ing which, the gentleman from Tuscola. I upon bus sudjecuWach, However, I article on omandad union motion ofl(Mr. HUSTON,) moved to amend the lac 100 ospevu, I would have 10 tem

striction whatever upon the Legislathe gentleman from Wayne, (Mr. amendment by striking out the word

strike" five," LOTHROP,) not now in his seat; by strik-Live:

and inserting

ture in this respect.

the word ing out 'the word al " before the “twenty,” so that the section would

In making this motion to substitute read: “twenty per cent. of the assess

“twenty," in lieu of " five," I thought word “claims," and also the words

ed valuation of such city, or town"not otherwise provided by general ea.

perhaps that would be as much as any | ship,” etc. The gentleman from Cass, law;" and inserting in lieu of those ship,

township or city would want to vote at mördar vrithiri nch. limits, as wholl hel(Mr. VÄN RIPER,) also moved, as a sub-| any one time. . Still, it seems to me. prescribed by law. These, I think stitute for the entire

that there can be no good reason for

section as were the only amendments made to the

saying that the people of a township amended, the following:

shall not have the right to vote for the article by the Convention. Section "The Legislature shall not authorize any city or township to pledge its credit or levy a

purpose mentioned in this section, any four as it now stands would read: ::

: tax, for the purpose of aiding in the construc- sum of money that they may deem .. The Secretary of State, State Treasurer, tion of any railroad, to an extent whereby the

proper. I doubt the propriety of this and Commissioner of the State Land Office, outstanding indebtedness, exclusive of intershall constitute a board of State auditors, tó lest, on account of aid to any one railroad | Convention saying to the people of the examine and adjust claims against the State, shall exceed five per cent of the assessed State, that they shall appropriate only within such limits as shall be prescribed by valuation of such city or township, and not so much of their money for any parlaw. They shall also constitute a board of to exceed ten per cent. for any two or more State vanyassers, to determine the result of railroads. The question of such aid must be ticular purpose, especially when it is a all elections for Governor, Lieutenant Gov. submitted to a vote of the people, and no laudable purpose, such as the building ernor, all State officers, and such other offi. person shall be entitled to vote at any sub-lof railroads.i cers as shall by. law be refered to them." mission of such question, unless he shall be Mr. MUSSEY. I would inquire if county shall be authorized to vote such tax the part of many members of this

the owner of property liable to taxation. No! I know that there is a disposition on there was not a still further amend or aid."

Convention to restrain the Legislature ment to section four? If I am not The gentleman from St. Joseph, from granting any more authority to mistaken, there was a proposition to] (Mr. STOUGHTON,) moved as an amend-townships and villages, and if they make the Lieutenant Governor a mem- ment to the substitute the following:. I cannot succeed in prohibiting the Lega: ber of the State board of canvassers. The Legislature shall not authorize any islature entirely, then they desire to

Mr. HENDERSON. That amend- | city or township to raise money by taxation, I make the amount of aid as low as nossi ment did not prevail. Det

or to-pledge their credit for the purpose of
aiding in the construction of any railroad, to

ble. They put their objection on the i Mr. MUSSEY. I only wish to know

an extent whereby the tax raised or to be ground that the majority have no right how it does stand; that is the only raised, or the indebtedness incurred, exclu- to take the property of the individual thing with me.


sive of interest, on account of aid to any and The PRESIDENT. The article is

all railroads, shall exceed in any five years, or minority, against their will. I do:

or at any one time, ten per cent of the as not believe that that is sound doctrine; now open to amendment...

sessed valuation of the taxable property of I believe it is contrary to the principles No amendments were offered.: :.. such city or township; nor shall the Legis- :

I believe that The article, as amended, was then

Jature authorize any county to raise money, of our government.

or to pledgo its credit to aid it the construc- upon this question of taxation, like ordered to a third reading, and re- tion of any railroad." i n everything else, the minority have no ferred to the committee on arrange- The first question will be upon the rights that the majority are bound to ment and phraseology, for correction amendment of the gentleman from respect, any further than to give them and engrossment.

Tuscola, (Mr. HUSTON,) to the amend- the same privileges that they claim for LEGISLATIVE DEPARTMENT. ment of the gentleman from Kent, themselves. In other words, I believe Mr. MUSSEY. I move that the | (Mr. M. C. WATKINS.)

that if the majority concedó to the



uc everything the majorihan to give the for

f question will be made from respect, a privileges that there

, I believe of the gene the amend- the BalpesIn other w

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