Gambar halaman
PDF
ePub

[graphic]

rum present or not. If the fact of there nical. I raise it because there are so being a quorum or not is questioned, many votes taken here in which Mr. BILLS. I am corrected; they then the proper way is for the Chair- rum do not vote. It is the right of each met on the first Wednesday of Janu-man to direct a count to be made. The side of the question, affirmative or negThis section as it now stands committee can take no action, can ative, to have the vote of every memprovides that the Legislature shall order no call to be made; they can only ber present. It is true that the pracmeet on the second Wednesday of rise and report the fact to the Conven- tice has grown up under a sort of acJanuary, thereby losing one week of tion. I venture to say that the point commodating disposition on the part that month. It seems to me that we of order raised by the gentleman was of the presiding officer, in cases of this should not lose that week at the com- never raised in any parliamentary body kind, to pass over the fact that there mencement of the term. It is a ques- in the world; that is, the point that is no quorum, which is well enough tion in my mind whether it would not because a quorum did not vote on any perhaps at times. But upon all imbe better to have the sessions of our question, therefore all proceedings portant questions, the votes of all the members present should be given; and Legislature commence even earlier than must be stopped. the first day of January. this is the only way by which they can be obtained; especially where less than a quorum vote upon any question, to treat it as coming within the rule forbidding business to be done without a quorum. The Chair should notify the body over which he presides, that a quorum has not voted. Then it should Mr. LONGYEAR. As it will appear be ascertained whether a quorum is in the record of our debates, that no present or not, either by a new count quorum voted on the vote just taken, or by tellers, or by the call of the roll. Mr. MUSSEY. I raised this same I raise the point of order, that no further business shall be done in commit- Mr. LONGYEAR. It is true that in question in the early part of the delibtee until a quorum shall appear. I the House of Representatives in Con-erations of this Convention. I am surunderstand the rule to be that when- gress, when a vote is taken viva voce, it prised that the gentleman from St. ever it shall appear by any count, or is not a matter of any importance Clair, (Mr. CONGER,) should say that vote, or otherwise, that there is no whether more or less vote, because he never heard it raised. I think the quorum voting in committee of the whole, no further business can be done until an actual count shall show a quorum; and also that no question can be decided one way or the other unless a quorum shall vote. I think that in this case it is the duty of the Chair to announce that no quorum voted on the last vote, in order that the committee may take such action as they may see fit.

[ocr errors]

there is no count in such cases. But always when there is a division of the House, and the members voting are Mr. CONGER. I called upon the counted, the Speaker of the House, or, in committee of the whole, the chair- gentleman from Ingham, (Mr. LONGman never announces the question to YEAR,) to show that there had ever been be decided if less than a quorum vote. a case in any parliamentary body where After announcing the number voting because the vote did not show a quorum, on each side, if they do not make a that was considered of itself evidence quorum, the presiding officer always that there was not a quorum present. makes the announcement, "no quorum The gentleman says that where there Mr. CONGER. In regard to the voting." Then under the rule of the is a division, and it is questionable point of order raised by the gentleman House of Representatives the Chair whether there is a quorum present, the from Ingham, (Mr. LONGYEAR,) I must orders tellers, if there is no objection. Chair can order a count. I have also say that it is entirely new to me. I If upon the vote being again taken by said that myself. But I said that I have never had the honor of being a tellers there is no quorum voting, then never heard that the mere fact that a member of such high legislative bodies the rule requires that the roll of mem-quorum did not vote, was considered as the gentleman has. There may be bers shall be called. If upon the call an indication of itself that there was sûch a rule in the House of Represen- of the roll there shall still appear to be not a quorum present, and that, theretatives at Washington. Still, I have, no quorum, the committee rises and fore, the vote should not stand as a while sitting in the galleries of that reports to the House the fact that there vote of the committee of the whole, qr of the Convention, as the case may be. House, repeatedly known questions to is no quorum. be decided when there would be but The general parliamentary rule I The gentleman did not read any four or five, or eight or ten, voting in understand to be this: I read from authority at all on that point. the affirmative, and none in the nega- Barclay's Digest, quoting as he does tive; still, the motion was declared to from Hatsfield: be carried.

Mr. LONGYEAR. If the gentleman will allow me, I will state what the fact is, if he can take my statement. I state as the fact, that the question is always raised, in such cases as that, by the presiding officer of the House of Representatives. He never declares the question, if there is no quorum voting upon a division, no matter how many members may be present. If no quorum vote, the presiding officer states the fact that no quorum has voted.

Mr. PRATT. I would inquire of the gentleman how he is to carry out

[ocr errors]
[ocr errors]
[graphic]
[ocr errors]
[ocr errors]

Mr. LONGYEAR. The record shows that there was less than a quorum voting.

[ocr errors]

his point of order? Suppose no quo- there was a vote taken disclosing the the meeting of the Legislature which rum does vote upon a count where the fact that there were sixty-one mem- I propose would give the Legislature committee of the whole divides; how bers present; you cannot make the the same amount of time between their is the gentleman to enforce his point point any more apparent by calling for convening and the holding of the of order? What step is to be taken? another vote upon this question, be- township meetings, that they had Mr. LONGYEAR. It is for the cause it is perfectly optional with under the present Constitution. The committee of the whole to decide what members whether they vote or not. members of the Legislature desire to step they will take in order to obtain There is no rule requiring them to vote be at home when the township meeta proper vote. Any member can de- in committee of the whole, and you ings are held. I think that the time mand a call. or count of the members cannot compel the committee to rise from the second Wednesday in Janupresent, and if a quorum appear to be except by a majority vote. ary to the first Tuesday in March would present, the vote must be again taken, be allowing too little for the members because no quorum having voted beof the Legislature to complete their fore, the question is not decided. If work, and be able to return home for upon a new count no quorum vote, the township meetings. I, therefore, then the same proceeding must be offer this amendment in order to test gone over again, even if a quorum of the sense of this committee upon the members be present. If a sufficient subject. number of the members present see fit not to vote in order to make up a quorum, then business in committee of the Mr. DANIELLS. I have raised the whole must stop. It is for them to de- point before. As I supposed the numtermine whether they will do so or not. ber voting upon each question upon a But if a quorum cannot be obtained division is recorded in the debates, I upon a vote, then the committee of the thought it would not show a very good whole must rise, go into Convention, record for us to have it appear that we where members can be compelled to did business with less than a quorum vote, I suppose; I do not know voting.

+

Mr. DANIELLS. I would inquire if the number voting on each side is not recorded in the debates?

The CHAIRMAN. It is recorded in the debates, but it is not entered upon the journal.

Mr. P. D. WARNER. I do not appreciate the importance of the amendment suggested by the gentleman from Lenawee, (Mr. STOCKWELL.) I have learned from experience that members of the Legislature desire to be at home when the warm weather comes in the spring, which is about the first of April, not so much for the purpose of attending the annual township meetings as how that will be. But it certainly Mr. MUSSEY. I have made the for the purpose of being upon their must be in the power of the Conven- motion that the question be again put, farms to attend to their other business. tion, when a quorum is present, to and a new vote taken, because I thought I infer, therefore, that the effect of compel the members to vote upon the that was the easiest and the shortest adopting this amendment will only be question one way or the other. to settle the matter. I do not see to give us a session of four months for the difficulty which the gentleman from the Legislature each year, instead of a Hillsdalè, (Mr. PRATT,) seems to see. session for three months, which If we fail to secure a number equal to would be likely to have without the a quorum on any vote, and the mem- amendment. I cannot see any benefibers refuse to vote, I think we can rise cial object to be gained by the adoption and go out of committee of the whole of this amendment. I hope that if we with less than a quorum. And then I are to have annual sessions, no system believe there is a way pointed out by will be adopted by which those sessions which we can secure a quorum when will be prolonged beyond the three we get into Convention, or if there is months ordinarily occupied by the. less than a quorum, adjourn from day Legislature. to day.

The CHAIRMAN. Upon the last vote there were thirteen voting in the affirmative and twenty-four voting in the negative, upon a division; being fourteen less than the number required to constitute a quorum. The Chair following what he had understood to be the general custom of the committee, declared the motion lost; he will, however, take the advice or direction of the committee. If it shall be the desire of the committee, the vote will be taken over again, or there will be a count made, in order to ascertain if a quorum be present. Mr. MUSSEY.

vote be taken again.

way

The question was then taken upon the motion of Mr. MUSSEY, that there be another vote taken upon the amendI move that the ment of Mr. BILLS, and the motion was agreed to.

Mr. LONGYEAR. I do not desire to be placed in any other position upon this matter than that which I am willing to occupy. I do not raise this question from any captious motive, or on account of not being satisfied with the result announced by the Chair; but in order to have the rule settled in this case.

The question was accordingly again taken on the amendment of Mr. BILLS, to strike out "second," before Wednesday, and insert "first," and upon a division it was not agreed to; ayes, 20, noes, 37.

Mr. FERRIS. I move that the committee now rise, report progress, and ask leave to sit again.

WO

Mr. FERRIS. Will the gentleman allow me to ask him a question?

Mr. P. D. WARNER. Yes, sir. Mr. FERRIS. Have we not. changed the time for our township meetings, to the first Tuesday, in March?

[ocr errors]

Mr. P. D. WARNER. I presume that if it is necessary, the members of the Legislature would be able to take a recess so as to permit them to attend the annual township meetings, and then return here for the discharge of their legislative duties. As I said before, the only result of the amendment would be to add another month to the ordinary session of the Legislature.

Mr. PRATT. I am opposed to the motion of the gentleman from Macomb, The motion was not agreed to. (Mr. MUSSEY,) that the vote be taken Mr. STOCKWELL. I move to again. I cannot agree with the point amend this section, by striking out the of order raised by the gentleman from word "January," wherever it occurs, Mr. CROSWELL. I desire to ask Ingham, (Mr. LONGYEAR.) We have and inserting in lieu thereof "Decem- the honorable gentlemen from Oakland, no rule requiring a quorum to vote in ber." I offer this amendment in view (Mr. P. D. WARNER,) if the majority committee of the whole; we cannot of the fact that we have changed the of the sessions of the Legislature have compel a quorum to vote here. Still time for holding our township meet- been three months in length? Have it is perfectly apparent to every one ings, so that they will be held one they not been from sixty to seventy that a quorum is present. Three min-month earlier than under this present days since the adoption of the forty tes before the last vote was taken, Constitution. The change of time for day limitation? The gentleman speaks

[graphic]
[graphic]

about the Legislature taking a recess to the amendment for another reason. view of that consideration that I sugfor the March elections. In my opin- It seems to me that if the time should gested the change of time, so that the ion, if you give an intimation to the be changed to the second Wednesday Legislature might meet earlier than in Legislature that they may adjourn for of December, the Legislature would January. the township meetings, and then come only have fairly commenced its work The question was taken upon the back here again after the township before the Christmas holidays would amendment of Mr. STOCKWELL to strike meetings have been held, you will come, when there would probably be a out the word "January," wherever it probably have a session for four recess for ten days or more. I think occurs in the section, and to insert in months. It seems to me to be better it would put back the work of the lieu thereof the word "December," and to provide in some way that the Leg- Legislature fully, three weeks. It it was not agreed to. islature shall terminate their session seems to me, also, that if the prop- Mr. BURTCH. I move to amend about the time they have heretofore ter- osition to hold annual sessions which this section by striking out the word minated it. has been adopted by the commit-second," before the words " year Mr. P. D. WARNER. My recollec- tee, should be adopted by the Con- thereafter," and inserting in its place tion is, that the session of 1865 con-vention, then the months of January the word "twentieth," so that the sectinued for seventy-eight days. The and February will give ample time in tion will read, "on the second Wednessession of 1867 continued for eighty- which to perform the work of legislators day of January in every twentieth year six days. each year. But even if it should not, thereafter."

Mr. CROSWELL. The Legislature of 1867 were in actual sesson for eighty two days.

Mr. MORTON. I do not see the necessity for making any change in order to accommodate members of the Legislature, and enable them to go home to attend the township meetings, unless it is the fact that the majority of the Legislature are supervisors who desire to be reëlected. I cannot see any reason in the world why they should not continue to sit here and attend to their business.

I cannot see any reason, as has been Mr. WILLARD. I would inquire if
remarked by the gentleman from Mon- the word "second" has not already
roe, (Mr. MORTON,) why members been stricken out?
of the Legislature should go home to
attend the annual township meetings.
I do not think they are of sufficient
importance to call members of the Leg-
islature home simply to vote or to elec-
tioneer at that time.

[ocr errors]

The CHAIRMAN. That word was stricken out on the motion of the gentleman from Berrien, (Mr. COOLIDGE.)

Mr. MUSSEY. Then I would raise the point of order that the amendment of the gentleman from Eaton, (Mr. BURTCH,) is not in order.

The CHAIRMAN. The gentleman can make a motion to insert the word "twentieth," before the words “ "year thereafter."

Mr. BURTCH. I make that motion. The amendment of Mr. BURTCH was not agreed to.

No further amendment was offered

Mr. BILLS. In a casual remark which I made on a previous motion to amend, I alluded to the fact that it was desirable that the Legislature should close its session before the anMr. M. C. WATKINS. I think per-nual township meetings. I did not say haps the reason which has been sug-so with any view that the members of gested by the gentleman from Monroe the Legislature should go home and (Mr. MORTON) may be a very good one. procure an election to some other It is very frequently the case that many office; or, that it was necessary for to this section. of the members of the Legislature have them to be there at all. I had POWERS OF EACH HOUSE, ETC. been, and may wish to be supervisors. this idea in mind; as there are changes The next section was read as follows: As a matter of course they would want being constantly made in the law which SECTION 9. Each House shall choose its own to go home, and probably would go affected the elections held in the spring, officers, except as otherwise provided in this Constitution; determine the rules of its prohome to attend the township meetings, it is desirable that these changes ceedings, and judge of the qualifications, and be there a few days before they are should be known to the electors elections and returns of its members, and held. It strikes me that in order to of the several towns in the State may, with the concurrence of two-thirds of all the members elected, expel a member. No obviate the difficulty, it would be better before the annual township meet- member shall be expelled a second time for to adopt the proposition suggested by ings are held, so that they may the same cause; nor for any cause known to the gentleman from Lenawee, (Mr. act in accordance with the provisions his constituents antecedent to his election; the reason for such expulsion shall be enSTOCKWELL,) and have the sessions com- of the preceding sessions of the Legis-tered upon the journal, with the names of the mence in December instead of January. lature. It is, perhaps, a matter en-members voting on the question. Mr. HENDERSON. After this is tirely immaterial when, or at what Mr. HOLT. I move to amend this done it will be necessary to change the time in the year, the session of the section by striking out the words "no year named in this section; the section Legislature is held. We desire to sub-member shall be expelled a second provides for the meeting of the Legis- serve certain convenient ends in the time for the same cause; nor for any ture in 1869. If the change is made as selection of this time. If there is suffi- cause known to his constituents antesuggested by the gentleman from Kent, cient time between the second Wednes(Mr. M. C. WATKINS,) the year must day of January, and the township be changed, or the Legislature will elections in March, for a report of the meet in the last month of 1869, instead doings of the Legislature to reach the of the first month as proposed by the people in time to enable them to act in accordance with the changes the Legislature may have made, the whole purpose is served, which we should have in view in fixing the time.

section.

Mr. BARBER. I was about to make that same remark; that if the amendment should be made to the section as it now stands, we would have no ses- My own conviction, however, is, that sion of the Legislature provided for the close of the session of the Legislauntil two years from next December. ture would come so near the time of Therefore, by making the time of meet- holding the township meetings, that ing December instead of January, we inconvenience might arise in reference would, in fact, be postponing the meet- to what was done in the previous sesing for eleven months. I am opposed sion of the Legislature. It was in

[ocr errors]

+

It

cedent to his election." It seems to me that this clause contains not only a useless proposition, but one that is entirely impracticable. It is useless, for the reason that there never can be any danger that any member will be expelled from either branch of the Legislature without sufficient cause. seems to me that it is impracticable, because the question of the knowledge of the constituents could not be determined. I cannot imagine how the question could be determined; how it could be ascertained whether cause or reason for an expulsion was known to the constituents of that member prior

to his election. I cannot see how the I believe the only safe rule to be, that stitutents with all the opprobium the House can determine that question. the Legislature should possess at all Legislature could cast upon him, and At any rate, it could not be determined times the power to purge itself of im- that constituency, knowing all the without a great deal of trouble and proper members; of persons who, for facts, have adhered to the determinaexpense. Suppose a member is brought any cause, may be unfitted to occupy tion that he should still represent them. up before the House on certain charges; seats in the Legislature. I believe The only reason that can be given. if he claimed that the reasons urged there is no other safe rule than for striking out this clause is a want why he should be expelled were known that, and I do not see why this clause of confidence in the Legislature, or of to his constituents before his election, was put in this section. This Con- confidence in the " very dear people," I cannot see how that question can be vention ought to possess, and does about whom we have heard occasionproperly determined. At any rate, possess, the unlimited power of purg- ally and at rare intervals in this Conit must be shown that a majority of his ing itself of any obnoxious member, vention. constituents did not know those who renders himself by his conduct an In reference to this provision, proreasons, or the member would improper person to hold a seat here, hibiting the Legislature from expelling be retained in his seat. Not and the Legislature should be placed a man for any cause known to his cononly is it impracticable, but it in a position where it can do the same stituents antecedent to his election, it seems to me that it would lead to thing. Unless I can see some good has been said that a man's habits may mischevious and injurious consequen- reason for retaining this clause, I shall be such as to render him unfit for a seat ces. Suppose there was such a pro- certainly vote to strike it out. The in the Legislature; he may be a drunkvision as this in the Constitution of the clause is as follows: "No member shall ard, and offensive and annoying to the United States; I cannot understand be expelled a second time for the same Legislature. I apprehend that objechow a member could be expelled from cause; nor for any cause known to his tion would not be well founded. If a Congress for any cause, if he could find constituents antecedent to his election." man had been a confirmed drunkard a constituency who saw fit to send him Now, I would like to know why, if there before his election, that would not prethere. Take for instance a member of is cause for expelling a member once vent the Legislature from expelling rebel proclivities; suppose the people from the Legislature, the same cause him. For, although he may have been of the south should send to Congress a should not be regarded as sufficient to a confirmed drunkard in his shop, or person who was a known and avowed expel him a second time? If there is store, or office, or on his farm, it could rebel, I cannot see how he could be an offense which justifies his expulsion not have been known before his elecexpelled from Congress, if there was to-day, and he is sent back here to- tion that he would be a confirmed such a provision as this in the Consti- morrow, should the offense again arise drunkard in the halls of the Legislatution of the United States. I do not to-morrow, would it not be a sufficient ture. The drunkenness in the halls of suppose that we would ever have such cause for his expulsion? I think that legislation would be a new offense, a case in this State; still we cannot if an offense which was committed this which would bring the member within tell what may occur before our Consti- year is good cause for expulsion, it the power of the Legislature. In retution is again changed. For these should be regarded as a sufficient cause gard to the fact of its being known to reasons I have moved to strike out this for expulsion if committed next year. his constituents, I think it is a matter portion of the section. I do not believe that this clause should concerning which proof can very readily remain in this section. I might give be obtained. other reasons, but I have given those which are sufficient to control my vote on this question.

[graphic]
[ocr errors]

Mr. FERRIS. I move to amend the clause proposed to be stricken out by striking out these words, "nor for any cause known to his constituents antecedent to his election.” Mr. CONGER. The provision which The CHAIRMAN. The amendment it is now proposed to strike out of this of the gentleman from Kent, (Mr. FERRIS,) will be first considered, as it is to perfect the portion of the section which the gentleman from Muskegon, (Mr. HOLT,) proposes to strike out.

A legislative body might, if not restrained, expel a man for his principles; he might be obnoxious to them because his principles were too liberal, or not liberal enough. But in this country section has been a provision in the we prefer to believe in the judgment Constitution of this State from the be- and ability of the people to select their ginning of our State existence; at all own proper representatives, to express events, it was in the Constitution of their own particular notions in our 1835. It may not be necessary, in a legislative halls. A man may be sent Mr. FERRIS. I desire to say a few State like ours, or under a government here who has heretofore been charged words upon my amendment. It seems like ours, to have such a provision. with and convicted of a crime, and to me that a legislative body has a Yet, acting as we do in behalf of lib- been pardoned. His own immediate right to protect itself under all cir- eral principles and the rights of the neighbors might believe him to be incumstances. If it should unfortunate- people, it might not perhaps seem very nocent of that crime, and worthy of ly so happen that a constituency should proper to strike it out at this time. being sent here to represent their insend here a representative, who, from The origin of such a clause in the Con-terest. And yet the Legislature, if not any cause, by reason of mental disease, stitution of any government arose restrained, might, upon the bare record or personal habits, should be unsuita- under another form of government; it of his conviction, deem themselves conble to such a position, or be disquali- arose or had its culminating point in taminated by his presence and expel fied for the place, and he was really the English Parliament in the days of him. I danot propose to enumerate all unfitted to be here, it seems to me that Wilkes, who was expelled two or three these cases; but I can see very well why the Legislature should not have its times in succession for the same cause, the principle of this provison might hands tied, so that it could not protect that cause being his professed love of very safely and properly be left in the itself, and expel such a member, if it freedom. That gave rise to such a Constitution, as we have had it heretoshould think proper to do so. provision in our Constitution. I can fore. I cannot see how that can work any see no objection to it. injury whatever to anybody. I consider it right, if only as an assertion of the rights of the people to elect their own representative; although he may, from his opinions, be obnoxious to

[ocr errors]

Mr. WITHEY. I am opposed to the amendment of the gentleman from I do not know why a man should be Kent, (Mr. FERRIS,) simply because I expelled from a legislative body a am in favor of the amendment of the second time for the same cause, when gentleman from Muskegon, (Mr. HOLT.) The has once been sent back to his con

[ocr errors]

other members of the Legislature, still it is their right to send and keep him here.

desire to have a legislative body protect be expelled a second time, it would not
itself against such a man as I alluded be by the same legislative body, but by
to?
a subsequent legislative body.

The

Such a case, I consider, would very Mr. VAN VALKENBURGH. Mr. WITHEY. This clause may be rarely occur, perhaps not in the life- power of expulsion was not exercised applied to a person on the first effort. time of a nation. But I can well re- in that case; the good sense of Con- for his expulsion, or on any subsequent member that a few years ago Congress gress prevented them from excluding expulsion which is sought to be had. undertook to expel a man whom we Mr. Giddings from a seat in that body. In either case, I apprehend that the now look upon as a very good man, I do not believe that power would be clause should not be retained in the merely for his opinions upon the sub- exercised on any occasion under such section for the reason I have mentioned. ject of slavery. Congress did not ex- circumstances. I hold that notwithstanding this clause pel him, but they passed a vote of Mr. WITHEY. I desire to say a may be in the present Constitution of censure, which, to an honorable man, word further. I think that the position this State, and in the Constitutions of was equal to a vote of expulsion. The taken by my friend from St. Clair, (Mr. other States, it never had any business member censured, although not ex-CONGER,) begs the question. Accord- in any Constitution of any State in the pelled, resigned his place, and returned ing to this section, it would require a Union. I hold that under our form to his constituents. By the unanimous two-thirds vote of all the members of government, every legislative body vote of his constituents, irrespective of elected to the Legislature to expel one should have the power of purifying party considerations, without an op- of their number. It is not probable, it and purging itself, of allowing posing candidate, he was again re- is not possible, that two-thirds of all only such persons to hold seats turned to Congress. Suppose that the members elected to the Legislature who qualified to exercise,

are

that had been a case of expulsion, in- would vote in favor of expelling any and who do exercise, the duties of stead of one of censure? He is in his man for mere opinion's sake. That their office in accordance with their grave now, and I will mention his never has been done in this country obligations under their oath. I think name-Joshua R. Giddings, of Ohio. that I know of; I believe it will never it is perfectly safe to leave this matter Suppose that, instead of being censured be done. I believe no man will ever in the hands of the Legislature. In he had been expelled, and had been be expelled from the Legislature, un- regard to the argument that a person returned to Congress? Under the rule less there is conduct on his part that may be expelled for mere opinion's which gentlemen desire to adopt here, would make him so obnoxious and so sake, I do not think that two-thirds of he might have been again and again, objectionable that he would be unfit to the members elected to any Legislature and again expelled, although all the hold a seat as a member of that body. could be obtained to cast such a vote. people of his district would vote to In no other case will two-thirds of the That is but casting an imputation upon return him to Congress as often as he members elected ever be willing to vote the intelligence of every Legislature was expelled. It is to be hoped that for the expulsion of a member. This that has convened or ever will convene such occasions, from such causes, will clause, if it applies to anything, applies in these halls. never again arise in this country. But to cases where a person is wholly unfit Mr. MORTON. I see no harm in there are still human passions and to be a member of the Legislature, and retaining this provision in the Constihuman prejudices which will operate the Legislature ought to have the tution as reported by the committee. upon men, and the fact that a similar power to purge itself of such a member. There may be cases in time of high contingency might arise, it seems to Take the instance cited by the gen- political excitement when the majority me, makes it very proper that the tleman from St. Clair, (Mr. CONGER.) might do that which they would not do rights of the people, and of a minority, A person may be sent to the Legisla- in their cooler moments. We have should be guarded here. ture from one of the legislative dis- seen such things in Congress recently, Mr. VAN VALKENBURGH. I hope tricts of this State who is a confirmed when Mr. Brooks was excluded from the amendment now pending may be drunkard. That habit follows him his seat, but was afterwards triumphadopted. I respond most heartily to wherever he goes, and he is unfit to antly returned by the people of his the remarks made by the gentleman sit in any deliberative body; he is a district. I remember when in 1853 from Kent, (Mr. WITHEY.) I think nuisance to that body, and delays its King Strang of Beaver Island was every deliberative body should have proceedings by his habit of intoxica- elected a member of the Legislature the power to protect itself against the tion, during the session of the body. of this State. Some of his constituintrusion of men who are unfit to be Upon investigation it is found that he ents wanted him arrested for crime, but admitted into that body.. I do not see ought to be expelled and he is expelled. the Legislature would not expel him any force in the remarks of my friend He is sent back to his constituents, and because the crime alleged against him, from St. Clair, (Mr. CONGER.) It is a at the next election that constituency was known to his constituents before right which every deliberative body has return him again to the Legislature. he was elected. They desired to have to protect itself, and no constituency It is said that because that constitu- him arrested by the sheriff, but the has a right to impose upon any delib-ency knew his habits, knew that he Legislature refused to permit it to be erative body a man who is obnoxious was a man of such extreme intemper- done. A committee was appointed by to them, or whose conduct or senti- ate habits that he was disqualified for the Legislature who examined the parments in the body render him obnox- his position, therefore they should be liamentary law in England, and they ious. I hope the amendment may be allowed to return him to the Legisla- found that members of parliament were adopted. I think it will improve the ture. In that case the Legislature protected from arrest during the sessection very much. I think it will must be compelled to submit to the sion of the Parliament, and for so long leave legislative bodies with power to will of the people of one representative before and so long after the session. protect themselves against the intru- district, and be forced to submit again sion of men unfit to hold seats in such to the presence of such a person. bodies. Mr. FERRIS. Will my colleague low me to ask him a question?

Mr. CONGER. I desire to ask my venerable friend from Oakland, (Mr. VAN VALKENBURGH,) whether he would Vol. 2-No. 8.

[ocr errors]
[graphic]

They found that they could not take action as his constituents desired under. al-parliamentary practice. He (Strang)

Mr. WITHEY. Certainly.
Mr. FERRIS. If that person should

certainly was as obnoxious a person as could well be selected to send to the Legislature of Michigan.

« SebelumnyaLanjutkan »