Mr. HENDERSON. I do not propose to discuss this question. I suppose there is no legal gentleman here who would like to be looked upon as the expounder of the law for the Convention; nor would he be willing to recognize the right of any member of the Convention to interrogate him upon Mr. BIRNEY. I trust that vote will questions of law. I have, however, not be reconsidered. I have uniformly the amendment to the amendment. I heard it assumed here, (and my vote been an advocate of what is termed suppose that every member here is will be based upon that assumption,) municipal aid for public improvements aware that the very same provision that this is a matter over which the of this kind. And I have always ad- which it is proposed now to strike out Legislature will have entire control. vocated the plan of submitting the is contained in our school law. I have Were I in the Legislature, I should be question to the tax-payers or property- myself seen a person challenged who governed very much by the character holders; for it seemed to me that that never paid any tax, who was not in the of the improvement, for which a vote is the only proper and just method of common acceptation of the term liable was sought under the law; and in most submitting it. These views have been to pay a tax, yet he swore in his vote. cases I would be willing to have it well presented by gentlemen here who Upon application to the attorney of upon a property qualification. If the have spoken upon this subject. They our county we were informed, that if matter can be reached through the have argued that it was right, upon the the person could prove that he had Legislature, I am opposed to placing ground that those who owned the two dollars in his pocket, he could not it in the Constitution. property were the persons to be af- be excluded from voting. It seems Mr. BLACKMAN. I desire to make fected, and should have the right to to me that any such provision as this a single suggestion. I do not care to determine the question. It seems to will be entirely futile. I do not believe express any opinions in regard to the me that if any other plan-be adopted, in the principle at all. point spoken of by the gentleman from it will greatly endanger the success Mr. BIRNEY. I am surprised at Calhoun, (Mr. HENDERSON.) The quesof this principle before the people. I gentlemen bringing up these exception has been mooted in some places, trust the motion to reconsider will not tional cases as determining a principle whether in submitting any subject to a prevail, but that this matter will be which affects so large an amount of vote of electors, you can disfranchise allowed to remain as the committee of property. Now, the fact that some any whom the Constitution makes the whole have decided it. I doubt voter has one, two, or three dollars in electors under the article prescribing very much whether we should incorpo- his pocket, and therefore is entitled to the qualifications of voters; whether rate into the Constitution any such vote, I do not think has much weight. when you submit a question to voters, provision as that proposed by the gen- Such a case as that may occur occa- you can exclude any recognized by the tleman from Cass, (Mr. VAN RIPER.)sionally, but it is very rare that a per- Constitution as voters. Perhaps there I think the Legislature would never son will come forward on that account, is nothing in this; I express no opinion pass an act of that kind, without pro- and assert his right to vote. In our about it, but merely throw out the viding for submitting this question to newer counties, when they are first set- suggestion. the tax payers interested in it. But tled, it is generally the case that a very Mr. WILLIAMS. While in the if any such provision is to be incorpo- few persons own all the real estate, Legislature I was in favor of adopting rated in the Constitution, I am in favor and persons living there, actually such a proposition as this; but I can of retaining that portion of it which residing there, own very little of it. see many objections to placing it in the provides that no person shall be enti- These persons are exceedingly anx- Constitution. I believe that no person ious to obtain this means of communi- should be permitted to vote to impose cation, and are ordinarily willing to a burden upon property, unless he is liable to taxation. incur any expense for that purpose. himself to bear a portion of the burMr. HENDERSON. Without any Now, it seems to me that under these den in some manner or in some form. reference to what may have been, or circumstances, it would belong to those But if we impose the restriction here to what may now be, the views of the who would have to pay the taxes, to in the Constitution in the form in gentleman from Bay, (Mr. BIRNEY,) it say whether they wish to do it or not. which it is presented, we may hereafter strikes me as a little novel that he, Those who own the property are the meet with some serious trouble. We with his knowledge of legislative pro- persons interested in this matter, and do not by this amendment as I underceedings, should think that he could they can tell whether it will be advan- stand it, reach the object desired. In forestall the action of this Conven- tageous or profitable to tax this prop- other words, as has been stated here, a tion, when some members have erty in this manner. If all this new person may be the owner of a small voted under a misapprehension, and population is allowed to vote, then any amount of property, which is really |