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possible, for them to confer together the general subjects referred to them, courses is the more proper ? Whatand determine upon their action within at least until they have committed ever change gentlemen may desire to 48 hours from this time. I therefore some blunder requiring correction at have made in the Constitution, I want move to lay the resolution on the table. the hands of the Convention.
them to introduce the proposition here Mr. INGALLS. I only wish to Mr. McCLELLAND. The view ex- before this body, so that we may know say
pressed by the gentleman from St. the character of the propositions which The PRESIDENT. The motion to Clair, (Mr. CONGER,) is something new are being considered in the vårious lay on the table is not debatable. to 'me. In every legislative body of committee rooms. When I voted for
The motion was agreed to; and the whose proceedings I have any knowl-the resolution requiring propositions resolution was laid on the table. edge, it has always been customary, as in regard to the various departments MAP FOR ISE OF MEMBERS.
soon as committees were appointed, to to be submitted to the appropriate
introduce resolutions of this character. committees, I did not intend to abdiMr. PRATT submitted the follow- This resolution does not propose alcate and surrender my right to know ing resolution, which was adopted: positive, peremptory instruction. It what propositions for the amendment
Resolved, That the Librarian be requested simply proposes to instruct the com- of our Constitution are pending,
mittee to inquire into the expediency and to understand and canvass every.. maps of Michigan.
of a certain provision. Now, however proposition going before the commitPUBLIC DEBT.
talented, however well-informed the tees, if I should see fit to do so. Mr. FERRIS submitted the follow-members of any committee may be, it I think that my friend from St Clair, ing resolution, which was adopted:
sometimes happens that the weakest (Mr. CONGER,) is mistaken as to the Resolved, That the communication from the member of the body appointing tha
rom the member of the body appointing that purport and object of these resolutions.
I think, see that the resolution of the
Mr. FERRIS. It seems to me that gentleman from Wayne suggests the Mr. FERRIS submitted the follow- the course suggested by the introduc- proper course to be pursued. I trust ing resolution, which was adopted: . tion of this resolution is the right one. that no bar such as the gentleman
Resolved, That the communication from the In appointing these standing commit- from St Clair seems to favor will be inSecretary of State, relative to railroads, to tees it has been the intention of the terposed to the action of the members which lands have been granted, be taken changention not to holaroti to them hof this convantion
Convention, not to delegate to them of this Convention. . from the table and referred to the committee
. on corporations other than municipal.
our duty of making suggestions as to Mr. CONGER. Mr. President, I TERM OF SENATORS, ETC.
the amendment and revision of the may be mistaken in my view of this
Constitution, but that the committees matter; but the objection which I
have a se should take action upon the sugges- have to this proposition of the gentleries of resolutions of reference which tions of the Convention. We do not tleman from Wayne (Mr. MCCLELLAND) I desire to present this morning. The say to the gentlemen composing those
say to the gentlemen composing those is simply that I do not see the profirst is the following:
committees that they are not compe- priety of embracing in a resolution of Resolved, That the committee on the leg- tent to act wisely and judiciously; but, this kind, a subject already referred islative department inquire into the expedi- sir, this we do say, (and we want those to the committee by the Convention. ency of electing Senators for at least double the term of members of the House, and that committees to understand it,) that. The very subject of the inquiry has they be so classified as to require the election when they were appointed we did not already been referred; and I submit of one-half at every general election.
deprive ourselves, as members of this that if every distinct proposition which Mr. CONGER. I think, Mr. Pres- Convention, of our right to make may come under the consideration of ident, that for us to undertake to in- through this body suggestions to the a committee, and which has been distruct a committee upon a portion of committees as to what changes in the rectly referred to them, is to be the subtheir duties before they have had time Constitution we may think desirable. ject of a separate resolution, a great to meet and properly consider the sub-' The committee of one for each judi- deal of time will be uselessly occupied, ject referred to them, is assuming to cial district, to whom this matter of and the Journal will be unnecessarily some extent, the prerogatives of the standing committees was referred, re-encumbered. It appears to memand committee. I venture to say that the ported a resolution, which was adopted this is the reason of my objection gentlemen upon each of the committees --and it is a very proper resolution to the resolution that when a parappointed by this Convention under requiring all propositions in regard to ticular subject-matter has already stand pretty well the subjects that the new Constitution to be submitted been plainly referred to a commitought to be considered by them, with-to the appropriate committee. Now, tee, that should be sufficient, until out the direct intervention of this body. sir, that leaves but one of two courses the committee itself shows some If there should unfortunately be any for members of this Convention to inclination to neglect the consideration committee unable to take up its ap- take: we must either go stealthily to of that particular subject-matter. If propriate subjects and make some the committee room, without the knowl- there should be some subject not unprogress in them, then it would per- edge of our brethren on this floor, and derstood to be referred to the comhaps be well for the Convention to take present there quietly and secretly our mittee if there should be some questhe committee in charge and give it propositions, or we must come up tion upon which a committee had dissome instructions about its plain and boldly before the Convention with res- agreed or had failed to report--then it apparent duties. The time will un-olutions of the character of that intro- might be proper for the Convention to doubtedly come when the committees duced by the gentleman from Wayne, instruct the committee upon that par- . will on all the subjects referred to them (Mr. MCCLELLAND,) asking the Conven- ticular subject. make some preliminary report. As tion to instruct particular committees I do not claim for any committee of chairman of one of the committees, I to inquire into the expediency of this body the privilege of being exfeel that I have a right to speak on this making certain proposed changes in empt from the instruction or direction subject. I do not know that any of the our Constitution. Now, sir, can there of the Convention ; for the committees committees need to be instructed upon be any question as to which of these are of course the creatures of the Con
Vol. 1.--No. 6.
vention. In what I have said I have provision; and I apprehend that, as POWERS OF GOVERNMENT. been actuated by no disrespect to my has been remarked by the gentleman Mr. FERRIS offered the following: friend who offered this resolution; but across the way, (Mr. FFRRIS,) this is resolution: it appears to me that if the resolution the only proper avenue through which Resolved, That the Committee on Bill of be adopted, we shall establish a prece- we can convey our suggestions to any Rights, be instructed to inquire as to the exdent for encumbering our Journal with of the committees appointed by the pediency of inserting a clause to the follow
ing effect, viz: numerous resolutions, embracing prop- Convention.
All power of human government is inherent ositions the most simple and the most! Mr. FERRIS. I wish to say to my in the people. Officers of constitutional govapparent in reference to subjects friend from St. Clair, (Mr. CONGER,) ernments are agents; and they possess no
s! | powers which are pot expressly granted. All already referred to the committees. that in my remarks made a few mo
erred to the committees. that in my remarks made a few mo- | other powers are reserved to the people. There is no particular need of zeal or ments ago, I had no desire to rebuke! The question was taken on the reso enthusiasm in opposing my proposition; or censure him. And while I am up, lution an there is no particular necessity for the I wish to add one suggestion which I noes 1
noes 16, it was adopted. tone or language of rebuke in com- omitted to make when I before spoke. menting upon it. This is a question The members of the Convention will
| EXPENSES OF AUDITOR GENERAL'S OFFICE : which affects every committee and every recollect that the other day a good
Mr. TURNER submitted the followmember of every committee. I made many inquiries were made as to what ing resolution: my objection in good faith, because I changes in our Constitution were likely! Resolved, That the Auditor General be re
I quested to communicate to the Convention thought the resolution of my learned to be adopted; and several gentlement
the average number of clerks that have been friend a little premature. He has had said, I believe, in substance, that they employed in his office during the years 1864, much more experience in conventions had not yet heard members state what
| 1865 and 1866, (including bis deputy,) and than I have had. He may be entirely changes they thought desirable. Now,
the total amount paid them annually for their lad.. he may be entirely changes whey thought desirable. NOW, services, including the amount paid them for right, and I may be entirely wrong; I suggest to the Convention that, by extra work; also the amount paid in each of and, sir, when I do commit an error or the introduction of resolutions of this | said years, for books, blanks and stationery; do anything wrong, I am always per- character, members will be informed
also the amount paid janitors or porters, and character, members will be informed all other expenses incident to his office during fectly willing to be forgiven. [Laugh- officially and publicly upon the record, each of said years....... ter.]
what changes other members may Mr. THOMPSON. I wish to inquire Mr. MCCLELLAND. Mr. Presi- think necessary...
whether the object of the gentleman dent, the object which I had in offering The question was taken on the reso- in offering this resolution is to ascerthis resolution is, I presume, the same lution, and it was adopted. .
tain separately the amounts paid for as that of the gentleman on the other
APPOINTMENT OF STATE OFFICERS.
extra work? side, (Mr. FERRIS,) who has spoken in
Mr. TURNER. My object is to get support of the view which I took. In
Mr. MCCLELLAND submitted the th
the aggregate amount of the expenses the first place, I desired to make these following resolution, which was
of the office, so that we may judge suggestions to the committee. Now, I adopted::.
therefrom whether it is best to consir, our various committees may not bel Resolved, That the Committee on State offi- ' tine the office prepared to act on all the different
cers inquire into the expediency of giving to
The resolution was adopted. . subjects appropriately belonging to and with the advice and consent of th3 Senate, MESSENGER BOY FOR REPORTERS. them, without any advice on our part; all the State officers. :
Mr. HOLT. I offer the following and resolutions of this character going APPOINTMENT OF JUDGES.
resolution: before the committees may sometimes
Mr. MCCLELLAND submitted the Resolved, That the President be authorized afford them valuable suggestions. As
following resolution, which was adopt
tl to appoint an additional messenger boy for a matter of course, I do not claim that
the reporters of this Convention. such will be the case in this particular
I desire to say a word in support of frillil : Resolved, That the Committee on the Judi- / this resolution. We of course desire
cial Department be instructed to inquire into discussed in the Convention of 1850. I th
OU. the expediency of granting to the Governor that the reporters of the press shall But, sir, the objection which the gentle- the power of appointing, by and with the ad- make fair and impartial reports, and man from St. Clair; (Mr. CONGER,) vice and consent of the Senate, the judges of in order that they may do this it is urges will, I think, fall to the ground vná | the highes courts of the State.
proper that they should have all neceswhen it is remembered that every reso
NUMBER OF HIGHER JUDGES.
sary means and appliancés. One of lution presented here must go upon Mr. MCCLELLAND offered the fol- these, it seems to me, is a messenger the journal; and I think the gentleman lowing resolution, which was adopted: boy, one whom they can control, one. will find, before he has been here many Resolved. That the Committee on the Judi- who shall be understood to be their days, that he cannot, with all his pru-cial Department be instructed to inquire into messenger, to do their bidding and dence and sagacity, prevent gentlemen donna and socorito ninavert cantleman | the propriety of having an odd number of),
01 nothing else. It is true, there are a
judges in the highest branch of the judiciary, from getting up here and offering res- instead of an even number, as required by number of messenger boys already; olutions. That is impossible. And if the present Constitution.
but their labors will soon be considerthe gentleman will consult the journals
NEWSPAPER PUBLICATION OF LAWS.
ably increased, and we have appointed of both our previous conventions-if
only so many as we supposed the memhe will consult the journals of Congress, Mx. MCCLELLAND offered the fol-bers of the Convention and its officers and, I think, of the different State lowing resolution, which was adopted: I woul. Legislatures-he will find that forl Resolved, That the Committee on the Leg- right that an additional messenger boy some days after the appointment of islative Department inquire into the expedish
di- should be at the disposal of the reportthe committees, resolutions of this
ency of providing for the speedy publication,
1018 | in at least one newspaper in each indicial dis- ers of the press. . It is for our interest character are invariably entertained trict, of all laws that may be ordered by the and the interest of the public that a and adopted, if they are not positive in Legislature to take immediate effect.
fair and impartial report should be heir form. I have avoided making! Mr. BURTCH. "I move that all res
made, and I think it no more than my resolution peremptory; it is merely olutions of this character be referred right. no more the an instruction to the committee to in- without a vote.
reporters should have a messenger at quire into the propriety of a certain The motion was not agreed to.
Mr. NINDE. I move to amend the “That William Blair Lord, of New York, ascertain who compose the different resolution so as to provide that one of and David Wolfe Brown, of Philadelphia, be..
committees. Many copies will be used appointed and employed as official reporters the messengers already appointed be of this Convention, to make verbatim reports for the purpose of disseminating this assigned by the President, to the ser of all its debates and proceedings, they to information over the State. If only vice of the reporters. employ all needful assistance,” etc.
two hundred copies be furnished, these | Here is a contract, and it seems to will be exhausted in a few days, or at Mr. BLACKMAN. I do not know
me this resolution proposes.to change it. farthest in a few weeks, and the memthat I understand correctly the object
| Mr. LEACH. Mr. President, I am bers of the Convention will be left of this resolution. This additional
one of those who voted for the appoint- without a single copy. messenger is, according to the lan
ment of these two gentlemen as our reguage of the resolution, to be "for the
Mr. WITHEY. Mr. President, I . reporters of this Convention." But
porters. I believe we did a judicious can see no úse whatever in printing
act when we made that appointment. 500 copies of these lists of committees. the gentleman offering the resolution
I believe that we made a fair contract If 200 copies be furnished there will has in his remarks spoken of the “reporters of the press.” I would like to
them a liberal compensation for their to me it would be very singular if all understand whether this messenger is
services. I believe, moreover, that we the copies should be lost in a few days. to be for the reporters appointed by
have already a sufficient number of The journal will be sent by members this Convention, or for the reporters
messengers, so that these reporters can to their friends throughout the State, of the press, or for both.
command the services of a messenger who can thus obtain all the desired Mr. HOTT. AS I understand, for whenever necessary. I think that the linformation as to the members comboth. i
people of this State, if they should posing the various committees. I see Mr. BLACKMAN. I wish to make learn that a ninth messenger had been no propriety in the amendment. one further inquiry-whether the re-appointed by this Convention, would The question was taken on the porters appointed by this Convention | begin to wonder what we are going to amendment, and on a division, ayes have expressed a desire to have such do with so many. They will perhaps 21. noes 36. it was not agreed to. a messenger-whether they have inti-expect that by-and-by each member
The resolution was then adopted. mated that they require assistance of wiīl have a messenger appointed for
USE. OF THE LIBRARY. that kind.
his own convenience. I think, Mr. · Mr. FERRIS. In answer to that President, we have carried this thing,
Mr. STOUGHTON offered the folinquiry, I will state that the reporters far enough; and unless some other
lowing resolution, which was adopted: have spoken to several of us in regard gentleman desires to discuss the reso- |
Resolved, that the State Librarian be re
| quested, during the sitting of this Convento that matter. They state that du- lution, I will move its indefinite post
tion, to retain in the library rooms at least ring the proceedings they frequently ponement.
Tone copy of all books and documents propdo not understand distinctly a motion Mr. LONGYEAR. I wish to make
erly belonging thereto, except when required
for reference during the debates of this conwhich is made, and that they are a single remark. There seems to be vention. under the necessity of immediately I some misunderstanding here with re-1 PROGRESS OF COMMITTLE BUSINESS. sending to the gentleman making the gard to what reporters are referred to Mr. INGALLS offered the following: motion a slip of paper asking him to in the resolution and in the discussion. I resolution. return to them a statement of the pre- I understand from the reporters of the. Wherene the substantial work of this cise proposition which he made; that Convention that they have not request- Convention cannot be reached until some of 18 assistance their recordsed and do not desire the appointment the various committees have reported to this
miris|Convention; therefore, would be incomplete and incorrect. of a messenger for their use. This
-218 | Resolved, That all committees be requested They further suggest that they are resolution, I suppose, is designed for to use all 'the diligence compatible with a frequently obliged to make that kind | the benefit of the reporters of the press. I proper examination of the subjects commitof communication with the Secretaries. Mr. LEACH. I now move that the
holted to their consideration, to furnish this con
" vention with their reports. at an early day, I think gentlemen must see that the resolution be indefinitely postponed. with a view to bring the substantial work of reporters of the press cannot do jus- The motion was agreed to.
the Convention before it, with as little delay
as may be.
LIST OF STANDING COMMITTEES. on this floor, unless they have a mes
The question was taken on the resosenger at their service, whether that Mr. ALDRICH. I offer the follow-lution; and on a divison-ayes 15, messenger be designated from among ing resolution:
noes 22—it was not agreed to. those already appointed. or' an ad-Resolved, That the Secretary procure two
01... POSTAGE OF MEMBERS. . .
hundred printed copies of the list of the altional one be appointed: 11 the mes standing committees,- for the use of the Con- Mr. HENDERSON. Mr. President, sengers already appointed are suf- vention.
I move to take from the table the subficient in number, for us and for the Mr. P. D. WARNER. I had drawn stitute offered by the gentleman from reporters too, I should certainly be in a resolution of the same character as Monroe. (Mr. MORTON,) for the resofavor of having one of those messen- this, proposing, however, five hundred Intion offered by myself relative to gers designated for the assistance of copies instead of two hundred. Imove postage. the reporters. If not, then I am in to amend this resolution by striking: The motion was agreed to, there befavor of the appointment of an ad. out “two," and inserting “five."
ing on a division-ayes 40, nays 14. ditional messenger for this purpose. In justification of this amendment, Il The resolution offered by Mr. HEN
Mr. WRIGHT. It seems to me, I wish simply to say that any person DERSON was read as follows: Mr. President, that this proposition who has had experience in legislative
mat. This proposition who has had experience in legislative Resolved; That the word "docnment, in comes in direct conflict with the reso- | bodies, must be aware of the necessity the resolution passed by this Convention on . lution reported from the committee that each member should at all times the 17th inst., relative to postage, shall be
construed to mean the journals” and “deappointed to consider the subject of have within his reach a list of the stand
suara bates” of the Convention, and that no other reporting, which resolution was adopt-ing committees of the body. Not only mail matter shall be deemed within the scope ed by the Convention, as a contract are these lists needed for the accom- of the resolution."
That resolution provides
friends outside are often desirous to MORTON was read as follows:
Resolved, That the resolution heretofore By the rules of the House of Repre- is presumed to have expressed what it adopted, requiring the Postmaster of the Con
il sentatives, under which we are now wishes to be done. If it were admisvention to pay postage on all documents and se journals sent by members, be and the same acting, a motion to reconsider must be sible to offer continually, motions prois hereby rescinded.
made no later than the day succeed-posing a change of what has been Mr. HENDERSON. Mr. President, ing that on which the action in ques-already determined, we should never in offering this resolution, I remarked tion was taken, though by the rules know when the body had reached a that I felt some degree of indifference which we expect to adopt, three days conclusion on any subject. The usual in regard to the disposition which will be allowed for the making of such parliamentary motion, when it is demight be made of it; and the same a motion. It appears to me that this sired to rescind action previously taken, feeling will prompt me now to refrain substitute, which is substantially a mo- is a motion to reconsider. Such a mofrom any discussion of the subject. I tion to reconsider the resolution al- tion, if adopted, changes the conclusion will simply remark that I made the ready adopted, is not in order as an of the body or in effect rescinds what motion to lay on the table, not in con- amendment to the resolution of con- has already been agreed upon. The sequence of any opposition to the sub-struction now pending; because, while only question here is as to the proper stitute, but rather in pursuance of the this resolution is before the Conven- method of reaching the result, not as suggestion of the gentleman from St. tion, a motion to reconsider another to the power of the body to retrace its Clair, (Mr. CONGER,) that it would be resolution, already adopted, would not steps. better to defer the consideration of the be in order. .
Mr. WILLIAMS. Mr. President, subiect until we could have a full vote Mr. MUSSEY. Mr. President, it is I am in favor of the adoption of this upon it. I have moved to take it up | possible that the gentleman from substitute: and it seems to me that it at this time that we may dispose of the Washtenaw is correct in his view of is the only proposition on this subiect question.
I the question of order, but I must con-' which this convention can now pronMr. NORRIS. I rise to a point of fess that I fail to see the force of his ar antertainm ent order, which is, whether the substitute position. As I understand, the ques- in order. Even if a motion to reconoffered by the gentleman from Monroe tion now before the Convention is on sider could now be made, it seems to (Mr. MORTON) is in order? It pro- the adoption of the substitute proposed me that the poses, in effect, a rescinding of the for the resolution by the gentleman is decidedly the preferable mode of resolution already adopted by the from Calhoun, (Mr. HENDERSON.) The reach
reaching the object desired. I underConvention; and that, I submit; can substitute proposes in effect to rescind
stand that a number of members have not be reached except by a reconsid- or repeal the rule or resolution that already availed themselves of the eration, which has not been had.
was adopted by the Convention in re-| benefits of the original resolution. If Mr. MORTON. Mr. President, I gard to postage. The gentleman from that resni
that resolution be now rescinded, have nothing to say in support of the Washtenaw, in raising his point of the effer substitute, in addition to what I have order, claims, as I understand, that we tinuò for the future the privilege which already said. If it be not adopted, I cannot rescind a resolution already somen
cannot rescind a resolution already some members have been exercising. nvention will fix upon a adopted by the Convention. On that But if a motion to reconsider should specific sum to be allowed to each point, I must beg to differ with him. prevail, it might raise a question as to member for postage. As the matter | It seems to me a most singular posi- the authority of the State to pay the now stands, some members buy stamps tion to maintain that we have no right|
postage on documents already carried and pay their own postage, while others to repeal a rule or resolution once out through the mails under that resocall upon the Postmaster to relieve adopted.
lution. If we simply repeal or rescind them of this expense. If we have I hope, sir, that the substitute now the rear postage to pay, a fair way to do would pending will be adopted, and that the I am in favor of the substitute as it be to allow to each member a certain resolution providing for the payment stands; and I think it raises a very amount for that purpose.
of the postage of members of the Con- distinct question from the motion In reference to the point of order vention will be rescinded. I desire reconsider raised by the member from Washte- that this shall be done for many rea- 1 Mr STOUGHTON. Mr. President. naw, (Mr. NORRIS,) that gentleman is, sons. In the first place, it is right in
m I desire to call the attention of the I suppose, aware that the resolution itself. More than that, sir, I believe
Convention to a single fact, which already adopted cannot be reconsid- that unless this be done, the time
seems to my mind to show clearly the ered at this late day. Besides, sir, if which will be spent in the discussion
propriety of offering this substitute, I remember correctly, it is very cus of this subject during the next two
rather than making a motion to recontomary in legislative bodies to offer weeks will cost the State more than
sider. It will be recollected that the resolutions rescinding action previously five times as much as all the postage.
original resolution was acted upon on taken. This has frequently been done Several times I have known resolutions
Friday last. Subsequently to the in the Legislature of Michigan. of this character to be adopted by leg
yleg adoption of that resolution, the followIf the substitute be not adopted, I islative bodies in this State. They in
ing proceedings took place, as gentlehope that the mover of the original variably proved a constant source of
men will find by reference to page 10 proposition will so word it as to fix annoyance, and were finally repealed. |
of the journal:: upon a specific sum which members I hope this question will be forever
1"Mr. Birney moved to reconsider the vote may draw for postage. Let members put at rest, by the adoption of the sub
| by which the resolution relative to postage be all subject to the same limitation. stitute, thereby rescinding the original was adopted: Mr. BIRNEY. I think, Mr. Presi- resolution on this subject.
1. Which motion did not prevail.” dent, that the point of order raised by Mr. BIRNEY. I do not understand It thus appears that the motion to the gentleman from Washtenaw (Mr. that, in raising this point of order, it is reconsider has already been made and NORRIS) is well taken. The resolution intended to deny the power of this disposed of; and as I take it, the only already adopted, was adopted on last body to rescind its previous action by mode of reaching the result which Friday. There was no business day the adoption of a motion to reconsider. some of us desire is to rescind or reintervening between that and Monday, But, sir, when a body like this has peal the resolution already adopted. when this proposition was offered. adopted a resolution on any subject, it Mr. BIRNEY. I think it perfectly
competent to renew the motion to re- Mr. BIRNEY. The point raised by Legislature, calling it into being. I consider on a subsequent day.
the gentleman from Shiawasse, (Mr. lay that down as a fundamental prinMr. PARSONS. I understand from PARSONS,) is raised under the rule of ciple to which I yield the assent of my the remarks of the gentleman from St. the House of Representatives under judgment; and I think it will not be Joseph, (Mr. STOUGHTON,) - I have which we are now acting, and not un- questioned by any member of this not examined the journal myself—that der the rule read by the gentleman body. If these premises are correct, a motion to reconsider the resolution from Oakland, (Mr. VAN VALKEN- what right has this Convention to relative to postage has already been BURGH,) which has not yet been adop- authorize the payment of postage on made and negatived. Now, I would ted. The rule of the House requires a documents or other mailable matter inquire of the Chair, and of gentlemen motion to reconsider to be made “on sent off by the members of this Conwho have had experience in legislative the same or next succeeding day.”, vention? There is no such provision proceedings, whether that does not The rule which we expect to adopt al- made in the law authorizing the condispose of the question-whether the lows three days in which to make the vening of this Convention for anything motion to reconsider can be renewed, motion, providing only that when once of that kind. The only provision of the either directly or indirectly? When a made and lost it shall not be renewed law bearing upon that question, which motion or resolution is adopted, and on the same day. As I understand it, I have been able to find, is in these subsequently a motion to reconsider is the question is not now whether we words: made and is negatived, the Convention, have the right to give a construction "And the Convention may furnish its memI take it, cannot go back and re-open to a resolution which we have adopted, bers with such books, papers and stationery, the question. It appears to me that a but whether the motion now pending
as are now allowed by the Constitution to the motion to rescind is the same in effect is a correct motion...
5 members of the Legislature.” as a motion to reconsider.
| Mr. FARMER. I apprehend that! Now, I do not conclude that this I am in favor of this resolution of resolutions passed by this body are body is a legislative body; that it is construction. It appears to me per- not like the laws of the Medes and authorized by means of resolutions or fectly proper that this Convention Persians, unalterable. I suppose we otherwise to call upon the State Treasshould express its views as to the effect are fully competent at any time to re-urer to pay any bills that it may conof the resolution, if there is any misun- scind any resolution which we may
ay tract or authorize, which are not proderstanding on that point.
have adopted. We can therefore re- vided for by the act of the Legislature. The various State Legislatures frescind the resolution in regard to post-It appears to me that the Convention quently pass laws giving a construction age at this time, or at any time during has no more power to authorize the to laws previously passed. Congress the session."
payment of postage upon matter sent does the same thing. And I believe Mr. WILLARD." I see, by referring by members of the Convention, in conthat this Convention may now adopt to Cushing's Parliamentary Practice Flict with the express provisions of the a resolution putting its construction that it is competent for the House to Constitution under which we are actupon the resolution heretofore adopted. / rescind a vote; and the reason given is ing, than it has to say that its members Mr. MORTON. I think members this:
shall receive five or ten dollars per day will find that there is a vast difference " In point of form, the rescinding of a for their services, when the law fixes between a motion to reconsider and a | vote is the matter of a new question, the their compensation at four dollars per motion to rescind.
| form being to read the resolution of the House day. I presume there is not a member
A motion to re-l and then to move that it be rescinded; and upon this floor who will contend that consider a matter is often made that it thus the same question which has been al- upe may be further considered, and per- ready resolved is not again offered, although we can in any way authorize the payhaps amended and then adopted. It Itt ils effect is annulled.”
ment to ourselves of a higher rate of is not necessarily a motion hostile to The PRESIDENT. The Chair is of compensation than four dollars per the measure, while a motion to rescind the opinion that the object gentle-day. And if we cannot increase our is. I know it has been the custom in men appear to have in view can be compensation, because it is limited by the House of Representatives of this accomplished, either by a motion to the law that called us into being, and State to rescind resolutions after they suspend the rule, which requires the by the provisions of the Constitution have been acted upon for some time, motion to reconsider to be made on upon the subject, then we are not auwhen it was found that they did not the succeeding day; or by a resolution thorized to provide for the payment of operate as was expected. For instance, to rescind the resolution. The Chair, | postage upon mailable matter sent by a resolution would be adopted to per- therefore, overrules the point of order members of the Convention to their mit the use of this Hall for the purpose of the gentleman from Washtenaw, constituents. of a lecture, or a meeting of some kind; and decides that, according to the There is another question somewhat the resolution is rescinded and the practice followed by the Legislature of perplexing to my mind. It is this: permission withdrawn. The motion to this State, the substitute is in order. The payment of this expense is not to rescind, and the motion to reconsider, Mr. P. D. WARNER. I may as be made from the treasury of the State: are not equivalent motions at all. well say now as at any other time, so upon a resolution of this Convention. Mr. VAN VALKENBURGH. We
that I may not be called upon to re- If it is paid at all, it must be after it have a rule which decides this ques- peat
peat the declaration hereafter, that I has been audited and passed upon by tion, I think. I refer to the 27th rule, am
Alam not a legal man. In regard to the board of auditors. That board is which is as follows: ...
llegal matters I am inclined to take the constituted of the Secretary of State, “No motion for reconsideration shall be inco
common sense view. Some of us have the State Treasurer, and the Land order, unless within three days after the been furnished recently with some in- | Commissioner, if. I recollect rightly. decision proposed to be reconsidered took formation in relation to the powers They must, upon their oaths, act in place. A motion for reconsideration being and privilevad of Constitutional con and privileges of Constitutional Con-conformity with the provisions of law.
montorimite writt put and lost, (except in the case of privileged motions.) shall not be renewed on the same ventions. I have come to the conclu- | And when this bill shall be presented day."
sion--in accordance with my former to them, the first question which will The inference is that it may be re-judgment--that this Convention is in arise in their minds will be-what is newed on a future day. It seems to possession of no powers that were not the law authorizing this expenditure ? me that rule decides the question.. conferred upon it by the act of the Now, it is not authorized by the stat