their interests at home. If the Legis- Mr. COOLIDGE. I admit all that. ; these exigencies do arise. I say that Mr. McCLELLAND. The differ ence between the gentleman from Berrien and myself I can explain in a very few words. The expense of a regular session of the Legislature is from sixty to seventy-five thousand dollars. I do Mr. COOLIDGE. What is the mean- not know what was the expense of the ing of that? I do not understand it. last session; but I am told it was greater Here was an act of Congress requir- than that of any previous session. You ing certain things to be done. The cannot hold a general election in the Legislature had the right to make State for less than sixty or seventy-five provision for a tax to be levied upon thousand dollars. That, with the ex I can easily see that exigencies may these banks. They attempted to do pense of a session of the Legislature, will arise, that they do arise as a matter of so, and made a blunder. I do not find make one hundred and fifty thousand fact, when annual sessions of the Leg- any fault with them for that. Yet my dollars. Then there are the people islature are demanded; exigencies friend from Oakland, (Mr. P. D. WAR- who will be to the expense of going to which could not have been foreseen. NER,) says that those men holding the and returning from the polls; say Take, for instance, the action of the capital in the banks came to the State seventy-five thousand of them; Legislature last winter. I refer to it and said: "You need not be very that will make at least seventysimply as an illustration, nothing more. particular about the laws you pass, for five thousand dollars more. Thus the I have nothing to say against that Leg-we will voluntarily pay the money." islature at all; I have no more fault Mr. P. D. WARNER. I did not to find with that than with other Leg- make the explanation in justification of islatures. It has been said here that the action of the Legislature, but to the national banks of this State, having say that the members acted understandcapital mostly in United States securi-ingly. 1 expense will be not less than two hundred and twenty-five thousand dollars. An extra session called by the Governor, would be a short one if limited as it is now, to twenty days; and it could not cost by any possibility more than twenty or thirty thousand dollars. So the difference is between twenty thousand or thirty thosand dollars, and two hundred thousand or two hundred and twenty-five thousand dollars. ties, to the amount, I think, of about Mr. COOLIDGE. They did not $4,800,000, were very much interested act understandingly; if they had so in the legislation of last winter. By acted they would have passed laws that the act of Congress of 1864, the shares were correct. Furthermore, without of the stockholders of those banks are casting the least blame upon the Legsubjected to State taxation, to an ex-islature, I will say that this was done Mr. COOLIDGE. I will not undertent not exceeding that imposed upon in the hurry of the session, when they take to compute how much it will cost other banks and moneyed institutions. wished to get home. If they had had a voter to go to and return from the The Legislature of last winter at- an opportunity to look over the de- polls, and how much his time is worth. tempted to pass a statute adapted to cisions of the Supreme Court of the I do not think that is a matter to be the act of Congress, of June, 1864. United States, which had already been taken into the calculation at all, and I They made a mistake; and every law-published, they would have found what will not do it. Nor am I satisfied at yer and every judge in the State, I errors they had fallen into. all that this is a matter of much econsuppose, knows that act to be uncon- In reply to my friend from Wayne, omy. I think facts have been adduced stitutional. The Supreme Court of (Mr. MCCLELLAND,) I admit that the here to show that this question of the United States have passed upon Governor has power to summon the economy does not amount to anything. that question, and have decided it. Legislature together whenever he Take the single instance I have Now if we had annual sessions of the pleases. But I would a great deal named; suppose the expense of a sesLegislature, the Legislature which rather provide in the organic law of sion of the Legislature is seventy thouwould meet here next winter would the State that the Legislature shall sand dollars; the single instance I correct that mistake. In that single assemble year after year, as a require- have named will show that a session of instance, provided these banks do not ment of the Constitution, than leave it the Legislature, by passing a proper pay their tax voluntarily, there would to the judgment of a single man, as law in that single case, will save the be saved to the State over forty-eight frail and human as you and I are. If Legislature forty-eight thousand of he is a good man, he will be loth to that seventy thousand dollars. I will Mr. McCLELLAND. Will the gen- exercise that power on account of the not pretend nor intimate that this is a tleman permit me to interrupt him a expense which it will be to the State. solitary case. But it is one in which If he is not a good man he may refuse you can estimate the amount saved by to exercise the power when it is neces- dollars and cents. But there are insary. The question of the gentleman terests in this State that cannot be from Wayne is an argument in favor computed by dollars and cents; cases of my amendment. He admits that of loss to the State because the Legis thousand dollars. moment? Mr. COOLIDGE. Certainly. T former Legislatures, and it will be the pen within the next two years before fault of future Legislatures. I think the Legislature shall again meet. The that years will have to pass before the legislation is passed, even though it people of Michigan awake to a realiz- may not be all, that is desired, to enNow, I ask gentlemen of this com- ing sense of the importance of their deavor to bridge over, by some kind of mittee, to consider that the mere fact State, and of the necessity of nourish-a frail structure, the coming two years, that the five million loan in the early ing, cultivating and fostering its inter- so that business may be caried on history of this State was not all receiv-ests, and of encouraging immigration to without too much interruption for want ed, and what was received happened come within its borders. Now, this of legislation. I submit to every gento be squandered-that fact and that one single consideration, the necessity tleman who has ever been in the Legalone in its influence upon the fears of encouraging from year to year the islature whether a great many arguand prejudices of the good people of great and growing interests of the ments in favor of proposed measures Michigan, has retarded its growth, stop- State, of giving more time for men to for the amendment of laws, have not ped its advancement, and left it a sec- think of these things,is what in my mind been that they would be needed before ond or a third rate State among the calls imperatively for this action at our two years would have passed away. western States; when from its position, hands. I am not making a Fourth of And, I submit also, whether another its wealth, its material resources, and July oration now. These remarks are great portion of that legislation has the intelligence and activity of its in- not spread-eagle remarks. The people not arisen from the fact that there has habitants, it should have stood first of the United States know to-day, just been too little time taken for the purand foremost among all these western as well as I know, and you know, that pose of preparing and digesting the States. Yet it does not. It is hardly Michigan is not advancing as it should, laws which have been passed. They known in the old world as a place to because it is curbed and crippled by have been passed by the Legislawhich emigrants should come. I can the provisions of its Constitution and ture under a pressure of crowded stand on the shores of St. Clair river its legislation. Who comes into the business, and the supreme court, in any day during the season of naviga- State of Michigan with his wealth to many instances, have been compelled tion, and I can see vessels loaded with build up manufactories on our rivers? to decide the laws to be unconstituemigrants passing by to Minnesota, Il- Who comes here with his capital to con- tional; and the next Legislature must linois and Wisconsin. I can see the centrate and develop our resources? struggle through in their blindness and docks of the Grand Trunk depot filled No one; no one seeks for a place in this darkness to see if they could not pass with emigrants, waiting for propellers State to make a permanent home, un- some law that would be constitutional. to take them away from Michigan, and less by chance through the chinks of leg-I have said, in my place in the Legiscarry them a thousand miles around islation he sees some little opening for lature, that I thought it extremely its shores, in order that they may get present personal advantage. To-day doubtful whether any law could be to another State. Why? Not be- the benefits of all the industrial pur-passed which would not run against cause other States suit the emigrants better; not because there are more desirable locations in Minnesota, Illinois and Wisconsin than in our State; not because the climate and the soil are more congenial to those Norwegians or Germans coming to the west; but because there is nobody in the State of Michigan who cares whether they come here or not; or rather because the one-hundredth part of our mines are I said at the commencement of my angel stands with his drawn sword and owned in Michigan, not one-twentieth remarks that I did not consider this warns the foreigner from coming here part of our pine lands are owned by proposition one of vital moment, yet I to what may be his Eden. That is the Michigan men. The proceeds of a deemed it an important one. For mytruth. These provisions which were large portion of our pine lands and self I am in favor of annual sessions of engrafted in our Constitution, and mines go into the pockets of foreign- the Legislature, and biennial elections. which are scattered all through our ers. I do not know but that is the This article proposes to have senators laws, are the cause of this. There is no case with our manufacturing interests. elected for the term of four years; onecollected voice of our people to encour- There is no inducement for men to half to be elected every two years. It age emigration, and to promote the come and settle here, and develop the was thought proper that there should growth of this State. That is a sad resources of this State. Unless some- be one branch of the body which is to truth; it is one that weighs upon the thing shall be done to promote the prepare the laws for this State, minds of our thinking men, when they prosperity of Michigan, all this wealth which is to act as the guardians of see the prosperity of other States, and and capital flowing so freely into other the interests of this State, who should it makes them almost desirous to leave States, will be kept out of the State, continue along with some degree of here and go where there is some life, until we have gone to our silent homes permanency, in order that its members enterprise and advancement in the in- and a wiser and better generation of might have some knowledge of what dustrial interests of the State; where men shall take our places. laws had been passed, so as to be able the whole object of the people does not I make these remarks because they to avoid crude legislation, and be able seem to be to confine by constitutional relate to the question of economy, to prepare our laws hereafter with more provisions and laws all the interests of which has been suggested here. I will regard to their fitness and perpetuity. the State within such a narrow com- make some other remarks. With the With annual sessions and biennial elecpass that they cannot be developed, experience of some three terms in the tions, every member who serves the and that nobody can enjoy them. Senate, I know that at least one-fourth first term, although he may be new That was the fault of all former of the legislation of each term is for and unused to the business of legislaConventions, and it is the fault of this the purpose of providing for contin- tion when he is elected, will come here Convention; it has been the fault of gencies which, it is feared, may hap-for the second term, with the advan suits of the northern part of this State, the Constitution somewhere. And I the accumulations of wealth from the doubt very much whether half the laws energy and capital employed there, do that have been passed are not now unnot stop in Michigan. We stand here constitutional, and would be so dethe richest of all the States in natural clared, except that the courts, thinking resources, and yet foreigners come in there must be some laws in the State here and carry off the net proceeds to meet the necessities of the case, of those resources out of the State, have allowed them to pass for the and very little of it remains here. Not present. 1 tage of the experience and knowledge, which is to be acquired from one session of the Legislature. Therefore, the second term of that two years would be the valuable term of the Legislature for the State of Michigan. It would be the term where there would be no really new members, but where all would have more or less experience in legislation. They would all have been here one term, during which they had passed laws, and about which when they returned home, they could converse with their constituents, and when they came back here again, they would be better prepared than ever before to pass good laws, and to amend and alter the bad ones. gate of the indebtedness of the State of Michigan. then we far better have remained at Mr. STOCKWELL. I move that the committee rise, report progress, and ask leave to sit again. The motion was agreed to. 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 directedR him to ask leave for the committee to sit again. Leave was accordingly granted. AFTERNOON SESSION. The Convention re-assembled at 3 o'clock p. m., and was called to order by the PRESIDENT. Mr. W. A. SMITH. I am in favor of the section as reported by the committee, especially that portion of it which provides for biennial sessions of the The vital matter in my mind, the Legislature. I do not believe with the most important, is that of providing gentleman from St. Clair, (Mr. CONGER,) that senators shall hold their office for that all the emigration from the old the term of four years, the half being country passes around us to go to elected every two years. With that Illinois, Wisconsin and other States, on -provision, I do not consider the matter account of the want of proper laws in of annual sessions of quite so great the State of Michigan. I do not beimportance as it would otherwise be. lieve that those emigrants understand And yet it is my firm belief that annual what are the laws of Michigan or Wis-vention now take a recess. sessions is a question of very vast im- consin. Therefore, that cannot be the The motion was agreed to; and acportance to the people of Michigan. cause of their going around the State cordingly, (at five minutes past 12 For myself, although it may be that of Michigan and locating in other o'clock, p. m.,) the Convention took such things should not control either Western States. Look at our books a recess until 3 o'clock p. m. me or other gentlemen here, I know of statutes since 1850. Every session that my constituents expected that this of the Legislature has amended the Convention would provide for annual laws passed at the former sessions. sessions. I know that on my return Look over the session laws of last winhome occasionally during the session ter and you will find there something of this Convention, business men, old like two hundred amendments of our members of the Legislature, men en- statute laws. Are the laws of to-day gaged in various branches of business, any better than they were ten years have asked me about the business of ago, after all the amendments which this Convention. The very first ques- have been made to them? I hold that tion generally is, "why did not your they are not. The laws are such that committee report annual sessions?" we can live under them without all And all through the term of this Con- those amendments. And I believe if vention, whenever I have visited my any person should think proper to sethome, that has been the inquiry; they tle in the State of Michigan he would have said to me, "There must be be able to live under these laws as well annual sessions of the Legislature." as we can. Of course that will not control other gentlemen here; they will be governed by the voice of their own constituents, and by their own views of propriety. I speak of it as illustrating what the people of my part of the State desire and expect. In the main, with but one exception I think, the press, so far as I have observed it, without respect to party at all, have expressed a desire for annual sessions of the Legislature. The roll was called, and a quorum answered to their names. CORRECTION OF THE DEBATES. Mr. BLACKMAN. I desire to make a personal explanation in regard to some remarks I made some time since, which remarks will be found on page 355 of the debates. In the first line of the last column of that page the word "is" should have been "might be," so that the sentence would read: "it might be provided that the House shall have the sole power of impeachment, and that the Senate shall try all That is not the cause why Michigan is behind other States; it is not that we are not provided with sufficient legislation. The gentleman speaks of the looseness of our legislation. That, in impeachments." my estimation, is not owing so much to I make this explanation now, because the number of sessions that we have, as it is too late to correct the error in the to the character of the Legislature. If proof-sheets. Without explanation, I we have annual sessions instead of bien- might be placed in rather an awkward nial sessions, have we any guarantee that the character of the Legislature will be any better than it is now? It is entirely owing to the character of the Legislature, not to the number of sessions, that these things are so. position. In speaking in regard to the article on "Impeachments and RemoBut if it were not so, we are here to vals from Office," I stated that it was provide in this organic law for the not absolutely necessary to have a sepfuture great and growing interests of arate article upon that subject in our the State of Michigan. We are here, Constitution. As an illustration of my I trust, to remove somewhat the inIt is my opinion that the item of eighty position I cited the Constitution of the cubus which has been imposed upon thousand dollars is worth saving to the United States and the Constitution of this State by its former Constitutions, people to assist in paying the debt of some of the other States, where proand its former legislation. If we are Michigan. That seems to be considered vision on that subject was made in the not here for that purpose, if we are by some as a paltry amount not worth article on the Legislative Department. here merely to leave the State bound looking after; and yet it is these small The sentence in which this error occurs and tied up as it has been heretofore, amounts that make up the great aggre-reads as printed as follows: 1 "And in the Constitution of this State, section, so that it shall read "and on the second Wednesday of January in every year thereafter," etc. when speaking of the powers of the Senate and House of Representatives, it is provided that the House shall have the sole power of impeachment, and that the Senate shall try all impeachments." It should read "it might be provided that the House should have the sole power of impeachment, and that the Senate should try all impeachments." I knew that such a provision was not in our present Constitution; and it would have been, in my judgment, an inexcusable blunder to have made such a statement. I therefore desire to make this correction in order that it may go upon the record. terests are to be injured by the elay, I have not yet been told. mentation. In reference to the excellent and eloMr. BRADLEY. Before the ques- quent speech of the gentleman from tion is taken upon this amendment, in St. Clair, (Mr. CONGER,) I desire to say order that I may vote intelligently, I that I think his facts go against his desire to make some few inquiries or arguments. He says here that the suggestions. I listened with a great State of Illinois is a progressive State, deal of interest to the very eloquent and that the State of Wisconsin has debate of this morning. I have been gone far ahead of the State of Michiclosely on the look-out for facts and gan, because, as I understand him to arguments as presented by that debate, say, they had more frequent legislation in order, if possible, to be prepared to there. Now, the fact is, if I have read gratify some of my friends here by the history of the State of Illinois corvoting for this amendment. The argu-rectly, they have always there depended ment in favor of the amendment has upon biennial sessions. That has conMr. BURTCH. I rise merely to a generally been stated in something tributed to the great prosperity of the matter of inquiry or explanation as the like these words: "Owing to the State of Illinois; and why should not case may be. I find by reference to varied and great interests of our the same kind of legislation contribute page 215 of the debates, that I am re- State, and the constantly changing to the prosperity of the State of Michiported as offering a substitute for sec- condition of those interests, we need gan? There are other points which tion seven of the article on corporations legislation every year, instead of de- might be noticed; for my mind has not other than municipal. The substitute pending for our legislation upon bien- been satisfied with this kind of arguis there printed as follows: nial sessions of the Legislature." That We have been referred to the ex"Corporations and joint stock associations is simply a general statement of the may hold any real estate hereafter acquired matter. If the friends of the amend- pense of holding biennial sessions of for the period of ten years, and until the Leg- ment had gone on to substantiate that the Legislature. I apprehend that the islature shall pass a general law authorizing the confiscation of such real estate, unless statement with a sufficient array of expense of the legislative term will be the same be actually occupied by such corpo- facts, then the argument to my mind about the same from one year to anration or joint stock association in the dis- would have been a conclusive one. other, whether we have annual or bicharge of its franchises." But a simple statement of what I ac- ennial sessions. You may reckon from I apprehend that at that period of knowledge to be the truth, in regard sixty to a hundred thousand dollars the history of this Convention there was to the great interests of our State, does per year, as the expense if you have an a considerable disposition not to attach not prove that those interests are to be annual session, and about the same a great deal of importance to what I advanced by annual sessions of the for every two years, if the sessions did here. I think that at that time my Legislature. I inquire then, in regard shall only be biennial. Because in rehead was too much deranged to have to some of these interests, our fisher- gard to the length of time consumed ever got off such a substitute as that. ies, our mines, our lumbering inter- from 1835 to 1850, the time occupied (Laughter.) I would like that some ests, and our interests generally, either in the annual session, was about as person who propagated that creature in the southern or northern part of the long on the average as the time occuwould father it. (Renewed laughter.) State; how is it that they are so very pied in biennial sessions, from 1850 to changeable, how is it that those inter- 1866. So that, on the score of econoests are undergoing changes every my, we can save money by having bitwelve months to such an extent, that ennial sessions. I am aware that maktheir protection and development? I very little whether we spend fifty or a they require additional legislation for ing money as fast as we do, it matters LEGISLATIVE DEPARTMENT. Mr. MUSSEY. I move that the Convention now resolve itself into committee of the whole upon the gen eral order. The motion was agreed to. SESSIONS OF THE LEGISLATURE. confess that I do not understand. hundred thousand dollars a year Yet that may become an item worth looking after in the history of Michigan hereafter. The Convention accordingly resolved The gentleman from Calhoun (Mr. itself into committee of the whole, WILLARD) referred to the necessity of (Mr. PRINGLE in the Chair,) and re-frequent legislation for the benefit of sumed the consideration of the article municipalities, referring, I suppose, to If some of these difficulties could charters of cities and villages, and of be solved in my mind I might be conentitled "Legislative Department." other corporations. Now, I can very verted to the principle of the amendreadily conceive that cases may arise ment, and be prepared to vote for it. when cities would desire an extension But until I am able to get out of this of their charters, or an alteration of darkness of apprehension in regard to the law under which they are organ- the point and force of the arguments ized, to such an extent as to enable which have been made here, I shall be them to levy taxes for railroad pur- compelled to vote against the amendposes, and the like of that. I can ment. The CHAIRMAN. When the committee arose this forenoon, it had under consideration section eight of this article, as follows: tion. The time of meeting shall be at eleven SECTION 8. The Legislature shall meet at the seat of government, on the second Wednesday of January, in the year one thou- understand how it may be that some Mr. GIDDINGS. I did not intend sand eight hundred and sixty-nine, and on the second Wednesday of January in every railroad company going out from Lan- to say one word upon this subject; and I second year thereafter, and at no other time sing down to Battle Creek, and reach- should not have done so if my colleague, or place, unless as provided in this Constitu- ing on to Schoolcraft, etc., may want (Mr. BRADLEY,) had not taken the poo'clock in the forenoon, and the time of final an opportunity to come to the Legis-sition that he has. I want to state one adjournment shall be at twelve o'clock, noon. lature next winter. There might be single reason which will induce me to The pending question is upon the some little embarrassment, if they had vote for this amendment. That one motion of the gentleman from Berrien, to wait twelve months longer before single reason, if there was no other, (Mr. COOLIDGE,) to strike out the word they could get such legislation as they will be sufficient to induce me to give "second," where it last occurs in the think they need. But how those in- that vote. That reason is, that in a |