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The arguments of gentlemen, who desire to strike out these exceptional clauses, convince me more than ever that it is very proper that gentlemen holding any of these offices should be allowed to bring their knowledge and wisdom and skill connected with the subjects pertaining to their offices into the Legislature; but that they should not hold the two offices together. It Mr. MUSSEY. I am willing to have seems to me proper that one whose the question divided, and to have a office expires on the thirty-first day of vote taken upon the resolution to strike December, and whose term as a men out. ber of the Legislature would not comThe CHAIRMAN. The Chair un-mence until some time in January, should have the privilege of being elected to the Legislature before the duties of his legislative office should commence. I think that the duties which he would be required to perform in the Legislature would not be incompatible with his discharge of duties in the other office before the Legislature met.

I hardly think it necessary to make the exclusions proposed by this sec-derstands the substitute to be in the tion; I think it would be better with- nature of an amendment to the section. out them. It occurs to me that that It will be in order first to perfect the would be excluding from the Legisla- section before the motion is put to ture some of the best men in our strike out. State. It is also an inference that the people of the various districts are not capable of choosing their representatives. There has been a great deal said here in regard to the "dear peoThe main objection to allowing the ple." I am one of those who believe State and county officers to hold seats that the people of the different disin the Legislature while holding these "No person holding any elective State tricts, senatorial or representative, are office, except that of regent of the Univer- other offices, is that their duties to capable of choosing for offices such sity, or member of the board of education, their constituents at home require their men as should hold them; whether nor any one holding the office of probate daily services there. In reply to the judge, county clerk, register of deeds, county sheriff, judge of probate, or anything treasurer, sheriff, county superintendent of remarks of my very worthy friend from else. I have not yet heard any argu- schools, prosecuting attorney, or any office Kalamazoo, (Mr. GIDDINGS,) permit me ments to convince me that it is proper to which he was appointed by the President to say, that of all the examples he of the United States, by and with the advice to prohibit State or county officers and consent of the Senate, shall be eligible could have chosen to illustrate his from holding seats in the Legislature. to, or have a seat in either House of the position, that of superintendent of In some portions of our State it may Legislature." county schools is the last which he be necessary to elect one of these offiMr. CONGER. Before this question should have cited. That officer is the cers for such a purpose. As a general is put upon the substitute, I desire to last officer who should be permitted to thing, these officers are men of exper- move to amend the last clause of it by leave his official duties, during the ience, and would be of great assistance striking out the words "eligible to or three or four months the Legislature in the Legislature. I cannot see the have," and inserting the words "al- may be in session. It was said in the necessity of this prohibition; I am in lowed to take or hold," so that it will Legislature when that office favor of leaving the whole matter with read, "shall be allowed to take or hold created and I consider it one of the people, where I think it properly a seat in either house of the Legisla- the most beneficial offices in the belongs, and allowing them to be the ture." That will make that portion of State that its duties would require judges of their own interests in this the substitute read the same as the sec- the constant time and constant atregard. tion reported by the committee. I un- tention of the person holding the derstood the gentleman from Macomb, office, if he was faithful in the per(Mr. MUSSEY) to propose simply an al-formance of those duties; if he attend

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State. The proposed motion to strike ter clause of section six in the present
"and
out the section would permit the elec- Constitution should be added,
tion to the Legislature in this State of all votes given for every such person
any and every United States officer, no shall be void."
matter what his position, or his influ-
ence, or his means of bringing that in-
fluence to bear in securing a seat in the
Legislature.

In my opinion the section as amend

ed to the schools in the county properly, and visited them when he should do so, and exercised that oversight over them which the interests of eduMy desire and design are to have cation require. Of all seasons in the year when those duties should be perthe Constitution plain and explicit; not formed, the winter time, when all the merely so that the supreme court, or schools in the State are generally in some learned or legal man can underoperation, more than any other season stand it, but so that every man who of the year, requires the superintend-ed, and as it stands before this com- reads it may understand and compreent of common schools to spend every mittee, is what the people of this State hend its meaning. I apprehend that day of his time in attending to the desire, and what the interests of the this section, as reported by the comduties of his office. He should not people require. I trust the committee mittee, is not so clear that every one have any inducement held out to him will not strike out this section, and would be likely to arrive at the same in any way to absent himself from will not adopt the substitute with the conclusion upon reading it. I am opthose duties. words "eligible to or have," in the last posed to its being stricken out. And, And I may say the same in regard line of it. Aside from that I have no as there has been considerable latitude to every other office named in this sec- particular objection to the substitute. in the discussion, I will say further tion. I make these remarks in this I understood the gentleman from Ma- that I did change the phraseology in connection, because I do not wish to comb, (Mr. MUSSEY,) in his remarks to the copy of the substitute which I first speak again upon this subject, upon a say that he simply desired to make a offered, which was simply a change of motion which it is proposed to submit re-arrangement of the section, for the the section in the way of re-arrangeto strike out this section. There is purpose of avoiding ambiguity, not to ment. The language is precisely the not one officer named here, but what make a new section in principle. But same. I have put the State officers has official and important duties to the substitute which he has offered and county officers before those apperform for his constituents. What does make a section entirely different pointed by the President of the United are those officers? Probate judge, in principle from the one reported by States. That is all the difference there county clerk, register of deeds, county the committee. That section meets a is between the first and the last copy treasurer, sheriff, county superinten- want which has been felt in every Leg- of the substitute which I have sent to dent of common schools and prose- islature, perhaps, which has assembled the Chair. cuting attorney. There is not one under the present Constitution. That It seems to me that the arguments hour in the twenty-four, I might almost want has been occasioned by the differ- which have been made in regard to the say, there is not one of the working ent construction given by the Legisla- exceptions, have not a great deal of I think that it is proper that a hours, when these officers are not ex-ture to the language of the section, force. pected to be in their offices to perform from the common construction given regent of the University or a member the duties devolved upon them. It to it by the people. It expresses clear- of the board of education should be cannot be possible that either of these ly and distinctly what it is intended to eligible to a seat in the Legislature. officers can absent himself for four mean, and there is no ambiguity about There is no patronage connected with months, or even for three months, it. I have proposed an amendment to either of those offices, which would without material injury to the interests the substitute, so that if it shall be render them dangerous before the peoof the people of the county in which adopted in place of the section, it ple, or effective in securing a nominahe resides. That I understand to be would remove what I consider a very tion or an election; and nothing to make them very dangerous in the Legthe reason why the committee excluded objectionable clause in it. Mr. MUSSEY. In regard to chang- islature. chang-islature. On the contrary, I think these officers by this section. There is no reason why gentlemen ing the language of my substitute, the these officers would give the Legislashould come away from these offices gentleman from St. Clair (Mr. CONGER) ture information that would be highly and neglect their duties at home, and is correct in his understanding of my desirable. I think there is nothing still hold the offices and draw the sala- views, as expressed when I first offered connected with those offices that would ries for them. However good and wise the substitute, and also when I express- disqualify the incumbents from being I did not good, active members of the Legislaand faithful they may be, the better ed my views to him. they are, the wiser they are, the more design to change the essence and ture. faithful they arè, the more desirable is meaning of the section. There seemed it that they should be at home in the to me to be an ambiguity about the the county officers. "But the nature of performance of their duties. More es- language employed in the section, and the duties of county officers is such as pecially should they be there in the I found that the same opinion prevailed to require them at their places of busicase mentioned by the gentleman from almost universally with others withness and away from the Legislature. Kalamazoo, (Mr. GIDDINGS,) of the whom I consulted in regard to the I am as free to admit as any gentleman county superintendent of common matter. I then only proposed a re- on this floor can be, that many of our schools, when entering for the first time arragement of the section, and I so county officers are very well qualified upon the performance of the new duties stated to the gentleman from St. Clair. to perform the duties of members of created by the law of last winter, and I now desire to state that I have no which I hope will extend and increase sort of choice between the language until they are far more important than proposed by him in his amendment of we now find them to be. my substitute and the language emIt has been thought desirable in other ployed in the substitute. I did change States to exclude those who are recipi- this myself after I drew the substitute, ents of the patronage of the United in order to meet the views of some States government from holding offices other gentlemen here. I apprehend, of importance and trust in the State, however, that the meaning would be especially in the Legislature of the the same in either case, unless the lat

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I would say the same in regard to

the Legislature. But in my opinion it is not consistent with the duties of their offices that they should be allowed to leave them to attend to duties in the Legislature. I do not suppose the counties are in so great need of proper men for offices, as to be obliged to confer three or four offices upon one man. Therefore I would except those officers from seats in the Legislature.

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committee of the whole. I understand of license to sell intoxicating liquors that the gentleman from Macomb, (Mr. as a beverage, be retained in the new. MUSSEY,) has not included in his sub- Also, the petition of Mrs. J. Butterstitute the amendment which was pro- field, Caroline Price and 124 others, on posed by the gentleman from Washte- the same subject. naw, (Mr. RICHMOND,) and which was voted down by the committee; that is that while a man held either of these offices, he should not be eligible to be voted for, for a seat in the Legislature. Mr. MUSSEY. I will withdraw the

I am not at all tenacious about the substitute; I have no feeling about it. I have no desire to interfere with the report of the committee. There are some things, however, about this section with which I do not fully agree; I am free to say that there are some things in this section which I would prefer to have changed; but after seeing the disposition of members here in regard to any change of this section, I have no disposition to introduce any prop-substitute which I offered. osition here which would delay the Mr. FERRIS. I move that the combusiness of the Convention and proba-mittee now rise, report progress, and bly not be successful. ask leave to sit again.

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The motion was agreed to.

Mr. LONGYEAR. The amendment offered by the gentleman from St. Clair, The committee accordingly rose; and (Mr. CONGER,) and his explanation of the PRESIDENT having resumed the the intent of the section, as reported Chair, by the committee, take away very much of the objection which I had to the section. That amendment to the substitute, with his explanation of the section, that it simply means that no person shall hold either of the offices named in this section, and at the same time be a member of the Legislature, removes the principal objection I had Leave was accordingly granted. to the section. That would leave Mr. HOLT. I move that the Conthem eligible to a seat in the Legisla-vention now adjourn.

Mr. PRINGLE reported that the committee of the whole, pursuant to the order of the Convention, had had under consideration the article entitled "Legislative Department;" had made some progress therein, and had directed him to ask leave for the committee to sit again.

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THIRTY-EICHTH DAY.

THURSDAY, July 11, 1867. The Convention met at nine o'clock a. m., and was called to order by the PRESIDENT.

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

LEAVE OF ABSENCE.

Supposing that the section reported by the committee was to a great extent the same as the corresponding section in the present Constitution, my idea was that it provided that a person holding either of these offices was made ineligible to the Legislature, although the term of his office would expire before he would be required to enter upon his duties as a member of the Legislature. But, if the amendment of the gentleman from St. Clair is adopted, that would not be its effect. It is well Mr. GOODWIN. I ask indefinite known that members of the Legisla- leave of absence for myself on account ture are elected at the same time that of public business calling me elsethe county and State officers are; and where. that the duties of members of the Legislature commence after the terms of the other officers expire. The change which is proposed to be made in the substitute does away with the force of the objection which I had to the section, and I hope the amendment will prevail.

Mr. MUSSEY. I desire to state that I accept the amendment offered by the gentleman from St. Clair, (Mr. CONGER,) to my substitute.

The question was upon the substitute as modified.

Mr. HENDERSON. It seems to me that with the modification of the substitute, it is now substantially the same as the section reported by the committee on the legislative department, with the amendment made by the

Leave was granted.

Mr. STOUGHTON asked and obtained leave of absence for Mr. HULL, for an indefinite time.

Mr. ESTEE asked and obtained leave of absence for Mr. UTLEY, for an

indefinite time.

PETITIONS.

Mr. MUSSEY presented the petition of A. M. Keeler, J. Bentley and 25 others, praying that a clause may be inserted in the Constitution securing to widows the fee of one-third of the real estate of their deceased husbands; which was referred to the committee on the judicial department.

Also, the petition of Emily Walton, Mrs. A. J. Tedman and 45 others, asking that the provision in the present Constitution prohibiting the granting

Also, the petion of Mrs. A. B. Ayer, Mrs. Sophia Palmer and 93 others, on the same subject.

Also, the petition of Elizabeth A. Barbour, Mary Washer and 73 others, on the same subject.

Also, the petition of Mrs. Sarah H. Jackman, Mrs. Ruth Palmer, Mrs. Mary Thorington and 80 others, on the same subject.

Also, the petition of Carrie Libbet, Mrs. James Gray and 70 others, on the same subject.

Also, the petition of Ella Hulsort, Martha J. Lawrence and 29 others, on the same subject; which were severally referred to the committee on intoxicating liquors.

Mr. STOCKWELL presented the petition of Norman Cleveland, Abram J. Grant, E. W. Curtis and 35 others, legal voters of Dover, Lenawee county, praying that section 47, article 4, of the present Constitution, be retained in the new; which was referred to the committee on intoxicating liquors.

Mr. TURNER presented the petition of W. W.-Byrely, W. D. Castle, James Van Gorder, O. F. Hulsted, and Hellen E. Simmons, Martha Pitts and 63 other ladies and gentlemen, of the town of Bennington, Shiawassee county, praying for a provision in the new Constitution, prohibiting the granting of license for the sale of intoxicating liquors.

Also, the petition of Duane Cooper, G. M. Raynolds, J. H. Hartwell, C. Gale, Rollin Pond, E. Eddy, G. F. Cooley and 100 other legal voters of the towns of Shiawassee and Bennington, on the same subject; which were referred to the committee on intoxicating liquors.

Also, the petition of W. H. Clague, J. H. Hitchcock, E. D. Gregory, J. M. Chipman, E. G. Hamilton, L. A. Stone, S. D. Wiley, Hiram L. Chipman, and 70 other citizens of the city of Owosso, praying for a provision in the new Constitution, requiring the State lands to be disposed of, only under the provision of the homestead law, and also prohibiting the passage of any law exempting property from legal process for labor performed upon it; which was referred to the committee on public lands.

Mr. SHEARER presented the petition of Joseph Tisman, John H. Vining, J. M. Bentley and 75 others, for a well regulated license law for the sale of intoxicating liquors; which was referred to the committee on intoxicating liquors.

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Mr. BARBER presented the petition The statement accompanying the of Ezra Berry, Charles W. Bennett, communication was laid upon the table and 88 other legal voters of the village and ordered to be printed in the jourof Quincy, Branch county, asking that nal. It is as follows: section 47, article 4, of the present Constitution, be retained; which was referred to the committee on intoxicating liquors.

Mr. MUSSEY presented the petition of A. E. Leete, H. O. Smith, A. B. Rawles and 28 others, asking the Convention to take into consideration the propriety of engrafting in the Constitution such a provision as will secure the appointment of the judges by and with the consent of the Senate; which was referred to the committee on the judicial department.

A summary of the number of children of the
State entitled to public money, and the
number attending school, &c., as shown by
the reports of the school inspectors for the
year 1866.

The whole number of children between the
ages of five and twenty years is 321, 136.
This shows an increase over 1865 of 22,683
an increase unprecedented in the history of
the State. In 1865. the increase was 17,440,
an increase so much greater than had before
been known as to surprise those most familiar
with our school statistics.

Of the 321,136, but 246,957 are reported
as attending school. This shows that there
are 74,179 who never find their way to the
school room.

granted, (and who doubts it?) is there not an equal right to require the regular attendance is raised? I do not, however, propose to

upon the schools, of those for whom the tax ·

discuss the subject, but desire merely to present to the Convention the entire matter, and recommend that some action be had in reference to it.

There is one thing more that I will bring to the notice of the Convention, and that is the system of county superintendence. This system has just been introduced in this State, and has had no time as yet to show its advantages. It has, however, been in operation for years in other States, and the results have been such as to fully settle the question of the value and importance of the system. I would, therefore, recommend that the office of county superintendent of schools be fixed in the Constitution as one of the county offices.

Very respectfully submitted.

O. HOSFORD, Supt. Public Instruction. Mr. NORRIS presented the petition There are two causes operating to produce LEGISLATIVE DEPARTMENT. of Mary H. Barker, Mrs. Ismon and Mrs. school houses to accommodate all who are this result one is a want of room in the Mr. MUSSEY. I move that the Lathrop, and nine other ladies of desirous of attending the schools. This is Convention now resolve itself into comJackson city; and of Daniel Upton, J. especially true in the cities and large towns.mittee of the whole,on the general order. M. Bostwick, L. F. DeLand, W. L. sort to the expediency of forming two divisIn some places they are compelled to reThe motion was agreed to. Seaton, D. B. Hibbard, and 13 other ions of the children, one of the divisions atmen, asking the elective franchise for tending in the morning, and the other in the all women above the age of 21; which afternoon of each day; and with this arrangement, only a part of the children are accomwas referred to the committee on elec-modated who are desirous to attend the tions. schools, the larger part it is true; yet there this State to-day, pleading for a place in our are hundreds-yes, thousands of children in schools, but are denied because there is no room. Something should at once be done to furnish this room.

Also, the petition of O. Hawkins and 29 others, members of the bar of Washtenaw county, praying that the number of judicial circuits in the State be reduced to eight, and for an increase of the salaries of the judges; also, for retaining the present judicial system; also, against the creation of county courts and courts of common pleas; also, in favor of the appointment of judges of the supreme and circuit court by the Governor, with the advice and consent of the Senate; also, that no person except a counselor-at-law shall be eligible to the office of judge of probate. So much of the petition as relates to the judiciary was referred to the committee on the judicial depart

ment.

So much as relates to salaries was referred to the committee on salaries.

EDUCATIONAL STATISTICS, ETC.

The PRESIDENT laid before the Convention the following communication from the Superintendent of Public

Instruction:

These thousands are

passing their school years in the midst of
schools, and with an earnest desire on the
part of both parents and children, to be per-
mitted to enjoy the privileges of the schools,
but are denied them because there is no room
for them. This state of things is not inciden-
tal or temporary, but has existed for some
years, and from present appearances is likely

to continue.

The Convention accordingly resolved itself into committee of the whole, (Mr. PRINGLE in the chair,) and resumed the consideration of the article entitled "Legislative Department." QUALIFICATIONS OF MEMBERS OF THE LEG

ISLATURE.

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The CHAIRMAN. When the committee rose yesterday it had under consideration section six of this article, which had been amended to read as follows:

"No person holding any elective State office, except that of regent of the University, or member of the board of education, and no person holding the office of probate judge, county clerk, register of deeds, county treasurer, sheriff, county superintendent of common schools, prosecuting attorney, or any office to which he was appointed by the President of the United States, by and with the advice and consent of the Senate, shall be allowed to take or hold a seat in either House of the Legislature."

Whether this is a matter which concerns the Constitutional Convention, is for the Convention to decide. Some action should be taken by some body of men, either the present Convention or Legislature, to remove this stigma from our State, which enjoys such an enviable reputation for its educational advantages. In regard to this matter I have no recommendation to make, but would Mr. MILLER. I move to strike out simply call the attention of the Convention to this section, simply because it seems to We learned from the discussion yesterday, me that it is entirely useless. that the meaning of the section is, that

the facts stated.

from our schools, is the uttter indifference of
The other cause for the absence of so many
parents in respect to the education of their
children. It may be a serious question to
determine what to do to secure the attend- the officers enumerated in it, shall
ance of these children upon the schools. If a not while holding those offices become
law requiring that all the children between members of the Legislature.
certain ages shall be sent to school, a given
could be sustained by the people, the case
Portion of each year, and sent regularly,

would be met.

Such a law should be sustained. Men of

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wealth are taxed heavily to support the
schools, although they have no children to
send to them. This tax is regarded as just,
ard no one refuses to pay it, because the
State is benefited by the education of these
children.

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DEPARTMENT OF PUBLIC INSTRUCTION, OFFICE OF SUPERINTENDENT, Lansing, June 24, 1867. Hon. CHARLES M. CROSWELL, President of the Constitutional Convention: SIR--In compliance with a resolution passed by the Convention on the 15th inst., I have Numbers of the children of the poor would the honor to transmit herewith a statement be deprived of education were it not for this of the whole number of children in the State tax. The State is made stronger, and the entitled to draw public money; also, the life and property of the citizens safer, in conaverage length of time the schools are taught; sequence of the universal education of the also, the whole number attending these people. Each man's property is made more schools. I also beg leave to call the atten- valuable by it, hence the system of taxation tion of the Convention to certain changes in to support our schools is acknowledged to be our school system, deemed necessary to se-just. But if the children for whom the biennial sessions. It is not to be supcure the most complete results of the system. schools are created and sustained do not at- posed for a moment that an individual Very respectfully, tend them, then no equivalent of any kind is

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O. HOSFORD,
Supt. Public Instruction.

.

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returned to the one taxed for what is taken / would decline the more lucrative office from him. If, therefore, the right of tax is for one of less value. Such being the

following provisions:

SECTION 9. No member of Congress or per

fact, I can see no use of this section in or of any other State or country, shall act as been able to find. In the Constitution a general officer, or as a member of the gen- of the State of Maryland I find the the Constitution. eral assembly, unless at the time of taking his engagement, he shall have resigned his office under such government; and if any general officer, Senator, Representative or Judge, shall, after his election and engagement, accept any appointment under any other government, his office under this shall be immediately vacated; but this restriction shall not apply to any person appointed to take depositions or acknowledgments of deeds, or other legal instruments, by the authority of any other State or country.

I have one other objection to it, which is this: in the northern part of the State the counties are sparsely settled. The superintendent of common schools will be able to discharge his duties in a very short time, and then would be at liberty if elected, to go to the Legislature. I think that certainly that officer at least, after having got through his business in the county, should have the privilege of coming here, and spending the winter in the Legislature, under the humanizing influences of Lansing. [Laughter.] And for this reason I move to strike out this entire section. As we have given the members of the Legislature the privilege of taking any other office to which they may be chosen by the Legislature, we should give to the officers named in this section, at least the privilege of taking some other office should the people insist upon it. I want have the rule made to apply equally to all parties.

Upon examining the constitution of the State of Connecticut, I find this provision in article X, entitled "general provisions."

SECTION 4. No judge of the supreme court, or of the supreme court of errors; no member of Congress; no person holding any office under the authortly of the United States; no person holding the office of treasurer, secretary or comptroller; no sheriff or sheriff's deputy, shall be a member of the general assembly.

SECTION 7. No member of the Legislature shall receive any civil appointment within this State, or to the Senate of the United States, from the Governor, the Governor and Senate, or from the Legislature, during the term for which he shall have been elected; and all such appointments, and all votes given for any such member, for any such of fice or appointment shall be void.

That provision does not relate at all to any office to be filled by an election of the people. I find, in the same article, also the following provision:

son holding any civil or military office under the United States, shall be eligible as a Senator or delegate; and if any person shall, after his election as a Senator or delegate, be elected to Congress, or be appointed to any office, civil or military, under the government of the United States, his acceptance thereof shall vacate his seat.

SECTION 16. No Senator or delegate, after qualifying as such, notwithstanding he may thereafter resign, shall, during the whole period of time for which he was elected, be eligible to any office which shall have been

created, or the salary or profits of which shall have been increased, during such term, or shall, during said whole period of time, be appointed to any civil office by the executive or general assembly.

In the State of Indiana this rule

prevails:

"No Senator or Representative shall, during the term for which he may have been elected, be eligible to any office, the election to which is vested in the general assembly; nor shall he be appointed to any civil office of profit, which shall have been created, or the emoluments of which shall have been increased, during such term; but this latter provision shall not be construed to apply to any office elective by the people."

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Why the office of sheriff should have been included in this provision, I am unable to say, unless it was on the ground of incompatibility. I do not see why the deputy could not exercise the duties of the office during the abMr. GIDDINGS. I am feeling a sence of the sheriff; and why the little indisposed this morning; I am sheriff should not be permitted to come That is the idea which I wish to get a little out of health. I should not have to the Legislature if the people saw fit before this Convention. I find the said one word upon this subject, except to send him there. In the Constitution same idea in the Constitutions of some for the motion to strike out this section. of New York I find this provision in of the other States. I refer particuI intended at some time, if the oppor- article three: larly to the last provision of the section, tunity offered, to make some remarks "but this latter provision shall not be upon the propriety of striking out this construed to apply to any office elective by the people. section. As this now seems to be a What I endeavored fitting time, I desire, with the consent to show yesterday was this: that in all of the Convention, to say a few words. cases of elective offices, it was entirely Perhaps I have already said enough, competent for the people to determine but I have not spoken particularly upon whether they would take one of their this precise question. I hope, therecounty officers and send him to the Legfore, the Convention will bear with me. islature or not. The idea of incompatDuring a few moments this morning ibility has no force. The sheriff has a I have made some little examination deputy; the county clerk has a deputy; in reference to this subject of the Conthe register of deeds has a deputy, stitutions of other States; not having who in many cases is a young lady, examined those Constitutions before entirely competent to record deeds, with particular reference to this quesand perform duties of that kind. All tion. It seemed to me to be so unthese officers have deputies, who can necessary to incorporate such a properform the duties of their offices just vision as this in our Constitution, that as well as their principals. And if the I have been looking for a reason why I will refer to four or five other people desire to send these officers to such a clause should ever be put in States, and show the view taken by there in relation to subjects with which the Legislature, to perform duties any constitution. I have examined the them. I admit that in some of the there in relation to subjects with which Constitution of the State of Rhode States substantially the rule proposed they are perhaps more conversant than Island. I find that that little State here has prevailed; but I do not think anybody else, why should not the existed for nearly two hundred years it is a general rule among the States. people be allowed to do so? The under a charter, without any such rule In the Constitution of New Jersey is reason dwindles down to a very small at all. I find that after having lived the following provision: point, when it is insisted that simply under that charter for that length of the incompatibility of the two offices SECTION 1. No member of the Senate and should exclude these officers from the time, with all their experience, they general assembly shall, during the time for did not in 1842, when they formed a which he was elected, be nominated or ap- legislative hall. Constitution for the State, incorporate pointed by the Governor, or by the Legislature in joint meeting, to any civil office uninto that Constitution any such pro- der the authority of this State, which shall vision as we have proposed here. I find have been created, or the emoluments wherethis provision in their Constitution, in of shall have been increased, during such article nine, entitled "Of qualifications

for office."

SECTION 8. No person being a member of Congress, or holding any judicial or military office under the United States, shall hold a seat in the Legislature. And if any person shall, after his election as a member of the Legislature, be elected to Congress, or apthe government of the United States, his acpointed to any office, civil or military, under ceptance thereof shall vacate his seat.

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That, I think, is the only provision SECTION 6. No person holding any office on this subject in that Constitution; at under the government of the United States, all events, it is the only one I have

The only officer who has duties to perform about the time the Legislature meets, is the collector of taxes; and I hope the Convention will not point out so insignificant an officer as the collector of taxes in a town, and say that he shall not be allowed to hold a seat in the Legislature. The people can take

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