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been retarded by the absence of the such capable judges in every respect teration in the arrangement of the sec... chairman of any committee.

are correct, then we do not want this tion, in order to avoid any ambiguity The question was upon the amend- Convention to make a Constitution.: of language. But the proposition ho ment of Mr. LONGYEAR to strike out the The question was taken upon the has submitted proposes an entirely dif- :: words “except that of regent of the amendment of Mr. McKERNAN, and it ferent provision from the one reported University, or member of the board of was not agreed to. .

by the committee, a provision to which education."

Mr. P. D. WARNER. I move to I have strong objections, for reasons I The question was taken, and upon amend this section by inserting before have already stated. The question a division, ayes 18, noes not counted, the word “schools,” the word “com- raised by the two propositions is simthe amendment was not agreed to. mon, so that it shall read “ the county ply this: whether or not a person hold

The question recurred upon the superintendent of common schools." | ing another office may be elected to the amendment of Mr. DANIELLS to strike My object in moving this amendment Legislature before the term of his other out the words holding the office," is to conform the expression in this office shall expire, and which office before the words “of probate judge." Constitution to the expression used in will expire before the time arrives for

Mr. DANIELLS. I withdraw my the statute creating the office. The him to take his seat in the Legislature. amendment.

... office is designated in the law of last The committee desire to leave the secThe question then recurred upon the winter as a county superintendent of tion so that any person holding any of substitute of Mr. MUSSEY for the sec- common schools."

these offices might be elected to the tion.

. .. The question was taken upon the Legislature; but to provide that he :: Mr. MÖKERNAN. Before the qués- amendment of Mr. P. D. WARNER, and should not hold a seat in the Legislation is taken upon the substitute, I it was agreed to.

ture while he held either of these offices. move to amend this section by striking Mr. LONGYEAR. I move to strike The arguments of gentlemen, who out the words “any elective office, out this section. I do not propose to desire to strike out these exceptional except that of regent of the Univer- enter into any debate upon that motion, clauses, convince me more than ever sity or member of the board of educa- | as the subject has been pretty gener- that it is very proper that gentlemen tion, and no person holding the office ally discussed upon the motion I made holding any of these offices should be of probate judge, county clerk, regis- to strike out the exception."

allowed to bring their knowledge and ter of deeds, county treasurer, sheriff, The CHAIRMAN. The question wisdom and skill connected with the county superintendent of schools, will first be upon the substitute offered subjects pertaining to their offices into prosecuting attorney, or;" so that the by the gentleman from Macomb, (Mr. the Legislature; but that they should section will read: MUSSEY.)...

not hold the two offices together. It "No person holding any office to wbich he Mr. MUSSEY. I am willing to have seems to me proper that one whose was appointed by the President of the United | the question divided, and to have a office expires on the thirty-first day of: States, by and with the advice and consent of

hold a vote taken upon the resolution to strike December, and whose term as a meno Beat in either house of the Legislature.” out.

ber of the Legislature would not comI hardly think it necessary to make The CHAIRMAN. The Chair un- mence until some time in January, the exclusions proposed by this sec-derstands the substitute to be in the should have the privilege of being tion; I think it would be better with- nature of an amendment to the section. elected to the Legislature before the out them.. It occurs to me that that It will be in order first to perfect the duties of his legislative office should would be excluding from the Legisla- section before the motion is put to commence. I think that the duties ture some of the best men in our strike out. :

which he would be required to perform State. It is also an inference that the Mr. LONGYEAR. I will withdraw in the Legislature would not be incompeople of the various districts are not the motion to strike out, until after the patible with his discharge of duties in capable of choosing their representa- substitute has been acted upon. the other office before the Legislature tives. There has been a great deal The question again recurred upon

met.... said here in regard to the “dear peo- the substitute proposed by Mr. Mus

The main objection to allowing the ple.” I am one of those who believe SEY; which was read as follows:

State and county officers to hold seats that the people of the different dis

in the Legislature while holding these

"No person holding any elective State tricts, senatorial or representative, are office, except that of regent of the Univer- OUL

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

t 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 ḥ to convince me that it is proner 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 county.oucers and consent of the Senate, shall be eligible could have chosen to uus

ill 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 offi- Mr. 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 nécessity of this prohibition; I am in lowed to take or hold," so that it will Legislature when that office was 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 daties 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 Mr. BURTCH. If the gentleman's, derstood the gentleman from Macomb, office, if he was faithful in the per. views in regard to the people being (Mr. MUSSEY) to propose simply an al- formance of those duties; if he attend

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ed to the schools in the county prop- State. The proposed motion to strike ter clause of section six in the present erly, and visited them when he should out the section would permit the elec- Constitution should be added, and do so, and exercised that oversight tion to the Legislature in this State of all votes given for every such person over them which the interests of edu- any and every United States officer, no shall be void.” cation require. Of all seasons in the matter what his position, or his influ-! My desire and design are to have year when those duties should be per- ence, or his means of bringing that in- the Constitution plain and explicit; not formed, the winter time, when all the fluence to bear in securing a seat in the merely so that the supreme court, or schools in the State are generally in Legislature...

some learned or legal man can underoperation, more than any other season In my opinion the section as amend- 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 meaming. 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 hours, when these officers are not ex-ture to the language of the section, force. I think that it is proper that a 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 I 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 the reason why the committee excluded objectionable clause in it.

make them very dangerous in the Legthese officers by this section.

Mr. MUSSEY. In regard to chang- islature. On the contrary, I think 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 and faithful they may be, the better ed my views to him. I did not good, active members of the Legislathey are, the wiser they are, the more design to change the essence and ture.. faithful they are, the more desirable is meaning of the section. There seemed I would say the same in regard to 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 with ness 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 the Legislature. But in my opinion it

beint that seems to em made in recent deal of

until they are far more important than proposed by him in his amendment of offices that they should be allowed to we now find them to be..

my substitute and the language em- leave them to attend to duties in the It has been thought desirable in other ployed in the substitute. I did change Legislature. I do not suppose the States to exclude those who are recipi- this myself after I drew the substitute, counties are in so great need of proper ents of the patronage of the United in order to meet the views of some men for offices, as to be obliged to conStates government from holding offices other gentlemen here. I apprehend, fer three or four offices upon one man. of importance and trust in the State, however, that the meaning would be Therefore I would except those officers especially in the Legislature of the the same in either case, unless the lat- from seats in the Legislature.

I am not at all tenacious about the committee of the whole. I understand of license to sell intoxicating liquors substitute; I have no feeling about it. that the gentleman from Macomb, (Mr. as a beverage, be retained in the new. I have no desire to interfere with the re- MUSSEY,) has not included in his sub-1 Also, the petition of Mrs. J. Butterport of the committee. There are some stitute the amendment which was pro- field, Caroline Price and 124 others, on things, however, about this section posed by the gentleman from Washte- the same subject. .. with which I do not fully agree; I am naw, (Mr. RICHMOND,) and which was Also, the petion of Mrs. A. B. Ayer, . free to say that there are some things | voted down by the committee; that is Mrs. Sophia Palmer and 93 others, on in this section which I would prefer to that while a man held either of these the same subject. have changed; but after seeing the offices, he should not be eligible to be Also, the petition of Elizabeth Ą. disposition of members here in regard voted for, for a -seat in the Legislature. Barbour, Mary Washer and 73 others, to any change of this section, I have Mr. MUSSEY. I will withdraw the on the same subject. no disposition to introduce any prop- substitute which I offered.

Also, the petition of Mrs. Sarah H. osition here which would delay the Mr. FERRIS. I move that the com- Jackman, Mrs. Ruth Palmer, Mrs. business of the Convention and proba- mittee now rise, report progress, and Mary Thorington and 80 others, on bly not be successful. ask leave to sit again..

the same subject. Mr. LONGYEAR. The amendment The motion was agreed to. . Also, the petition of Carrie Libbet, offered by the gentleman from St. Clair, The committee accordingly rose; and Mrs. James Gray and 70 others, on the (Mr. CONGER,) and his explanation of the PRESIDENT having resumed the same subject. : the intent of the section, as reported Chair, :: . :..

Also, the petition of Ella Hulsort, by the committee, take away very much Mr. PRINGLE reported that the Martha J. Lawrence and 29 others, on of the objection which I had to the committee of the whole, pursuant to the same subject; which were severally section. That amendment to the sub- the order of the Convention, had had referred to the committee on intoxicastitute, with his explanation of the under consideration the article entitled ting liquors.; section, that it simply means that no “Legislative Department;" had made Mr. STOCKWELL presented the person shall hold either of the offices some progress therein, and had directed petition of Norman Cleveland, Abram named in this section, and at the same him to ask leave for the committee to J. Grant, E. W. Curtis and 35 others, time be a member of the Legislature, sit again.

legal voters of Dover, Lenaweo county, removes the principal objection I had Leave was accordingly granted. praying that section 47, article 4, of to the section. That would leave Mr. HOLT. I move that the Con- the present Constitution, be retained them eligible to a seat in the Legisla- vention now adjourn.

in the new; which was referred to the ture while holding the other office. If The motion was agreed to; and accommittee on intoxicating liquors. the amendment is adopted to the sub. cordingly (at ten minutes before 6 0'- Mr. TURNER presented the petition stitute, then I shall make no motion to clock, p. m.,) the Convention adjourn- of W. W. Byrely, W. D. Castle, James strike out the section. ed.

Van Gorder, O. F. Hulsted, and Supposing that the section reported

Hellen E. Simmons, Martha Pitts and by the committee was to a great extent

63 other ladies and gentlemen, of the

THIRTY-EIGHTH DAY. the same as the corresponding section in

town of Bennington, Shiawassee counthe present Constitution, my idea was

THURSDAY, July 11, 1867. ty, praying for a provision in the new ided that a person holding The Convention met at nine o'clock Constitution, prohibiting the granting either of these offices was made ineligi-1 a. m., and was called to order by the OL licen

d to order by the of license for the sale of intoxicating ble to the Legislature, although the PRESIDENT.

liquors. term of his office would expire before Prayer by the Rev. Mr. OLDS.

Also, the petition of Duane Cooper, he would be required to enter upon his The roll was called, and a quorum

G. M. Raynolds, J. H. Hartwell, C.. duties as a member of the Legislature. answered to their names.

Galé, Rollin Pond, E. Eddy, G. T. But, if the amendment of the gentle

Cooley and 100 other legal voters of man from St. Clair is adopted, that


the towns of Shiawassee and Benningwould not be its effect. It is well: Mr. GOODWIN. I ask indefinite ton, on the same subject;

egisla I leave of absence for myself on account referred to the committee on intoxicature are elected at the same time that of public business calling me else- 1 ting liquors. the county and State officers are; and where.

Also, the petition of W. H. Clague, that the duties of members of the Leave was granted.

J. H. Hitchcock, E. D. Gregory, J. M. Legislature commence after the terms Li Mr. STOUGATON asked, and ob- Chipman, E. G. Hamilton, L. A. Stone, of the other officers expire. The change tai

altained leave of absence for Mr. HULL, S. Ď. Wiley. Hiram L. Chipman, and which is proposed to be made in the for ade in the for an indefinite time.

70 other citizens of the city of Owosso, substitute does away with the force of, Mr force of Mr. ESTEE asked and obtained,

praying for a provision in the new the objection which I had to the section, leave of absence for Mr. UTLEY, for an Constitution, requiring the State lands and I hope the amendment will pre- 11 indefinite time.

to be disposed of, only under the provail.


vision of the homestead law, and also Mr. MUSSEY. I desire to state Mr. MUSSEY presented the petition prohibiting the passage of any law exthat I accept the amendment offered of A. M. Keeler, J. Bentley and 25. empting property from legal process by the gentleman from St. Clair, (Mr. others, praying that a clause may be for labor performed upon it; which CONGER,) to my substitute. ::

inserted in the Constitution securing was referred to the committee on public The question was upon the substi- to widows the fee of one-third of the lands. tute as modified.

real estate of their deceased husbands; Mr. SHEARER presented the petiMr. HENDERSON. It seems to which was referred to the committee tion of Joseph Tisman, John H. Vinme that with the modification of the on the judicial department...

ing, J. M. Bentley and 75 others, for a substitute, it is now substantially the Also, the petition of Emily Walton, well regulated license law for the sale same as the section reported by the Mrs. A. J. Tedman and 45 others, ask- of intoxicating liquors; which was recommittee on the legislative depart- ing that the provision in the present ferred to the committee on intoxicating ment, with the amendment made by the Constitution prohibiting the granting liquors.

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Mr. BARBER presented the petition The statement accompanying the granted, (and who doubts it?) is there not an

duman tha tosin equal right to require the regular attendance of Ezra Berry, Charles W. Bennett, communication was laid upon the table on

upon the schools, of those for whom the tax and 88 other legal voters of the village and ordered to be printed in the jour- is raised? I do not however propose to of Quincy, Branch county, asking that nal. It is as follows:

discuss the subject, but desire merely to pre

sent to the Convention the entire matter, and section 47, article 4, of the present

A summary of the number of children of the recommend that some action be had in referConstitution, be retained; which was

State entitled to public money, and the ence to it. referred to the committee on intoxicat number attending school, &c., as shown by There is one thing more that I will bring ing liquors.

the reports of the school inspectors for the to the notice of the Convention, and that is

the system of county superintendence. year 1866. Mr. MUSSEY presented the petition


system has just been introduced in this State, of A. E. Leete, H. O. Smith, A. B.

The whole number of children between the

me and has had no time as yet to show its ad.

ages of five and twenty years 18 341, 130. vantages. Rawles and 28 others, asking the Con- This shows an increase over 1865 of 22,683

It has, however, been in opera

tion for years in other States, and the results vention to take into consideration the an increase unprecedented in the history of have be

n increase unprecedented in the bistory of have been such as to fully settle the question propriety of engrafting in the Consti- the State. In 1865 the increase was 17,440, I

11,440, I of the value and importance of the system.

an increase so much greater than had before I would, therefore, recommend that the office tution such a provision as will secure been known as to surprise those most familiar

of county superintendent of schools be fixed the appointment of the judges by and with our school statistics.

in the Constitution as one of the county with the consent of the Senate; which nt of the Senate. Which of the 321, 136, but 246,957 are reported

offices. as attending school. This shows that there was referred to the committee on the

Very respectfully submitted. are 74,179 who never find their way to the

O. HOSFORD, judicial department. school room.

Supt. Public Instruction. Mr. NORRIS presented the petition. There are two cauşes operating to produce

LEGISLATIVE DEPARTMENT. this result-oue is & want of room in the of Mary H. Barker, Mrs. Ismon and Mrs.

school houses to accommodate all who are | 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..

ns. mittee of the whole,on the general order.. M. Bostwick, L. F. DeLand, W. L.

IT In some places they are compelled to re

sort to the expediency of forming two divis. The motion was agreed to. Seaton, D. B. Hibbard, and 13 other ions of the children, one of the divisions at- The Convention accordingly resolved men, asking the elective franchise for tending in the morning, and the other in the lit.

e itself into committee of the whole,

afternoon of each day; and with this arrangeall women above the age of 21; which

ment, only a part of the children are accom-|(Mr. PRINGLE in the chair,) and rewas referred to the committee on elec modated who are desirous to attend the sumed the consideration of the article

schools, the larger part. it is true; yet there entitled “Legislative Department.Also, the petition of O. Hawkins

are hundreds-yes, thousands of children in

this State to-day, pleading for a place in our QUALIFICATIONS OF MEMBERS OF THE LEGand 29 others, members of the bar of schools, but are denied because there is no

ISLATURE. Washtenaw county, praying that the room. Something should at once be done to

The CHAIRMAN. When the comnumber of judicial circuits in the State

furnish this room. These thousands are

I passing their school years in the midst of mittee rose yesterday it had under conbe reduced to eight, and for an increase schools, and with an earnest desire on the sideration section six of this article, of the salaries of the judges; also, for part of both parents and children, to be per- which had been amended to read as retaining the present judicial system;

mitted to enjoy the privileges of the schools, ves but are denied them because there is no room

m follows: also, against the creation of county for them. This state of things is not inciden "No person holding any elective State courts and courts of common pleas; tal or temporary, but has existed for some office, except that of regent of the Univeralso in favor of the appointment of years, and from present appearances is likely | sity, or member of the board of education. to continue.

and no person holding the office of probate judges of the supreme and circuit court Whelber this is a matter which concerns judge, county clerk, register of deeds, county by the Governor, with the advice and the Constitutional Convention, is for the treasurer, sheriff, county superintendent of consent of the Senate; also, that no

Convention to decide. Some action should common schools, prosecuting attorney, or

be taken by some body of men, either the any office to which he was appointed by the person except a counselor-at-law shall present Convention

present Convention or Legislature, to remove President of the United States, by and with be eligible to the office of judge of pro- this stigma from our State, which enjoys suc

this stigma from our State, which enjoys such the advice and consent of the Senate, shall. bate. So much of the petition as re

an enviable reputation for its educational be allowed to take or hold & seat in either

advantages. In regard to tbis matter I have House of tbe Legislature.” lates to the judiciary was referred to

no recommendation to make, but would Mr. MILLER. I move to strike out the committee on the judicial depart, simply call the attention of the Convention to this section, simply because it seems to ment.

the facts stated.

The other cause for the absence of so many me that it is entirely useless. : We So much as relates to salaries was from our schools, is the uttter in difference of learned from the discussion yesterday, referred to the committee on salaries. parents in respect to the education of their that the meaning of the section is, that

children. It may be a serious question to EDUCATIONAL STATISTICS, ETC. I 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 The PRESIDENT laid before the law requiring that all the children between members of the Legislature. Now, if Convention the following communica

certain ages shall be sent to school, a given tion from the Superintendent of Public

could be sustained by the people, the case ennumerated, you will find that the Instruction: would be met...

most of them receive their nominations Such a law should be sustained. Men of DEPARTMENT OF PUBLIC INSTRUCTION, )

the and are elected at the time that memwealth are taxed heavily to support the auto teceu au bine buat tema. OFFICE OF SUPERINTENDENT,

schools, although they have no children to bers of the Legislature are nominated Lansing, June 24, 1867.) send to them. This tax is regarded as just, and elected. Certainly there would be Hon. CHARLES M. CROSWELL, President of acd no one refuses to pay it, because the the Constitutional Convention: State is benefited by the education of these

an absurdity in a person running on SIR--In compliance with a resolution passed children.

the same ticket for two offices, which by the Convention on the 15th inst., I have Numbers of the children of the poor would would never be permtted in the State the honor to transmit herewith a statement be deprived of education were it not for this lof Michigan. In the older counties of of the whole number of children in the State tax. The State is made stronger, and the i entitled to draw public money; also, the life and property of the citizens safer, in con

o the State the offices enumerated here average length of time the schools are taught; sequence of the universal education of the are worth to a person far more than also, the whole number . attending these people. Each man's property is made more the office of representative in the Legschools. I also beg leave to call the atten- valuable-by it, hence the system of taxation i tion of the Convention to certain changes in to support our schools is acknowledged to be

islature of the State of Michigan with our school system, deemed necessary to se- júst. But if the children for whom the biennial sessions. It is not to be supcure the most complete results of the system. l schools are created and sustained do not åt- posed for a moment that an individual Very respectfully,

tend them, then no equivalent of any kind is O. HOSTORD, Troturned to the one taxed for what is taken

I would decline the more lucrative office Supt. Public Instruction. lirom him. If therefore, the right of tax is for one of less value. Such being the

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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-Lofthino the Constitution.

in of the State of Maryland I find the eral assembly, unless at the time of taking I have one other objection to it, bis engagement, he shall have resigned his following provisions: which is this: in the northern part of office under such government; and if any SECTION 9. No member of Congress or per

general officer, Sepator, Representative or son holding any civil or military office under the State the counties are sparsely set

Judge, shall, after his election and engage the United States, shall be eligible as a Sentled. The superintendent of common ment, accept any appointment under any | ator or delegate; and if any person shall, schools will be able to discharge his other goverpment, his office under this shall after his election as a Senator or delegate. duties in a very short time, and then short time and then be immediately vacated; but this restriction be elected to Congress, or be appointed to

shall not apply to any person appointed to any office, civil or military, under the goywould be at liberty if elected, to go to take depositions or acknowledgments of ernment of the United States, his acceptance the Legislature. I think that certainly deeds, or other legal instruments, by the au- thereof shall vacate his seat.

SECTION 16. No Senator or delegate, after that officer at least, after having got thority of any other State or country::. through his business in the county. Upon examining the constitution of qualifying as such, notwithstanding he may

| thereafter resign, shall, during the whole should have the privilege of coming the State of Connecticut, I find this

period of time for which he was elected, be here, and spending the winter in the provision in article X, entitled “gen eligible to any office which shall have been

created, or the salary or profits of which Legislature, under the humanizing in-eral provisions."

shall have been increased, during such term, Anences of Langing Taighter. 7 Anal SECTION 4. No judge of the supreme court,

or shall, during said whole period of time, be or of the supreme court of errors; no member for this reason I move to strike out this of Congress: no person holding any office:

appointed to any civil office by the executive

or general assembly. entire section. As we have given the under the authortiy of the United States; no members of the Legislature the privi- | person holding the office of treasurer, secre-i In the State of Indiana this rule

i tary or comptroller; no sheriff or sheriff's prevails.

or sherio's prevails: lege of taking any other once to which deputy, shall be a member of the general they may be chosen by the Legislature, assembly.

"No Senator or Representative shall, we should give to the officers named in Why the office of sheriff should have

during the term for which he may have been

elected, be eligible to any office, the election this section, at least the privilege of been included in this provision, I am to which is vested in the general assembly; taking some other office should the unable to say, unless it was on the nor shall he be appointed to any civil office people insist upon it. I want have ground of incompatibility. I do not of profit, which shall have been created, or

the emoluments of which shall have been inthe rule made to apply equally to all see why the deputy could not exercise creased, during such term; but this latter · parties.

the duties of the office during the ab- provision shall not be construed to apply to Mr. GIDDINGS. I am feeling a sence of the sheriff: and why the any office elective by the people.”. 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. Lof 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 | SECTION 1. No member of the Legislature " but this latter provision shall not be upon the propriety of striking out this shall

iking out this shall receive any civil appointment within construed to apply to any office elective

this State; or to the Senate of the United section. As this now seems to be a States, from the Governor, the Governor and!

a by the people." What I endeavored fitting time, I desire, with the consent Sepate, or from the Legislature, during the to show yesterday was this: that in all of the Convention to say a few words. I term for which he sball have been elected; cases of elective offices, it was entirely Perhaps I have already said enough, given for any such member, for any such of

competent for the people to determine but I have not spoken particularly upon fice or appointment shall be void..

whether they would take one of their this precise question. I hope, there. That provision does not relate at all county officers and send him to the Legfore, the Convention will bear with me. to any office to be filled by an election islature or not. The

islature or not. The idea of incompatDuring a few moments this morning of the people. I find, in the same ar-|

ibility has no force. The sheriff has a I have made some little examination ticle, also the following provision: ...

deputy; the county clerk has a deputy; to this subject of the Con- SECTION 8. No person being a member of the register of deeds has a deputy, stitutions of other States; not having Congress, or holding any judicial or military / who in many cases is a young lady, examined those Constitutions before

office under the United States, shall hold a entirely competent to record deeds,

seat in the Legislature. And if any person with particular reference to this ques-sball, after his election as a member of the

and perform duties of that kind. All tion. It seemed to me to be so un- Legislature, be elected to Congress, or ap- these officers have deputies, who can necessary to incorporate such a pro

e pointed to any office, civil or military, under perform the duties of their offices just

the government of the United States, his: ace vision as this in our Constitution, that ceptance thereof shall vacate his seat.

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

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. Per

people be allowed to do so? The under a charter, without any such rule In the Constitution of New Jersey is

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 V SECTION 1. No member of the Senate and should avoda thosa 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 Legisla- The only officer who has duties to into that Constitution any such pro- der the authority of this state, which shall | ture in joint meeting, to any civil office un

perform about the time the Legislature vision as we have proposed here. I find bave been created, or the emoluments where- meets, is the collector of taxes; and I this provision in their Constitution, in of shall have been increased, during such hope the Convention will not point out article nine, entitled “Of qualifications time."

so insignificant an officer as the collector for office."

That, I think, is the only provision of taxes in a town, and say that he SECTION. 6. No nergon holding any office on this subject in that Constitution; at shall not be allowed to hold a seat in under the government of the United States, all events, it is the only one I have the Legislature. The people can take


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