Gambar halaman


“When an article shall have reached the propose to offer to Rule 33. which I “A Journal of the proceedings in commitorder of third reading, it shall be referred to

think will sufficiently cover the same

tee of the whole shall be kept as in Conthe Committee on Arrangement and Phrase

vention." ology, for arrangement, correction and en-ground, and which may perhaps in grossment, before it shall be placed upon its some respects be more practicable in

I will briefly state my reasons for final passage." its operations. I propose to move to

making this motion. I suppose that Mr. LONGYEAR. I withdraw my lamend Rule 33 hvadind thereto the

the design of the committee in reportsubstitute, that the gentleman from foli following:

ing this rule was that the journal Allegan may offer bis proposition. o And when so demanded on any question. I

might indicate the understanding of Mr. WILLIAMS. I move then to every member present within the bar, shall the von

ali the Convention as to the subject-matamend the amendment of the gentle- | vote for or against the same, unless the Con- | ter under consideration. When there man from Jackson, (Mr. PRINGLE,) by vention shall excuse him."

is any ambiguity or doubt in regard substituting what has just been read.

This covers the ground, so far as the to the meaning of any law, and es. I will state the object of this propo

yeas and nays are concerned; and I pecially any constitutional provision, sition. It is that, after the committee thu

think that beyond this the proposition it is quite customary to refer to the of the whole have agreed upon an of the gentleman from Kent will be debates or proceedings article under consideration, it shall found somewhat impracticable. : lature or the Convention, to ascertain then pass to the order of third read-1 Mr. FERRIS..I withdraw my the meaning which that ho

e out of the amendment that the gentleman from to put upon the provision in question.

nary amend- / Van Buren, (Mr. BLACKMAN,) may offer Now, sir, we have appointed reporters ment. It will then go to this commit- his.

to report the discussions and proceedtee, who will correct its phraseology, Mr. BLACKMAN. I move, then, to ings of this Convention upon all matarrange it in proper form, and see that amend Rule 33 by adding thereto the ters coming before us. It has been it is properly engrossed by the engross- language I have just read, so that the considered important to preserve such ing clerk. It will then be reported rule will read as follows:

a record with this very view—that our back for third reading. When it comes - The ayes and nays may be called for by printed debates may serve to explain

" The ayes and nays may be called for by printea aebates way ser before the Convention for third read- ten members; and when so demanded on any the purport and purpose of our action. ing, it comes before us as a perfect ques

ent. I question, every member present within the I apprehend, judging from our experi

| bar, shall vote for or against the same, unless article, complete in all its parts; or if the Convention shall excuse him.”

ence thus far, that no proposition it should be considered as needing | Mr. WILLIAMS. I desire to state

will be submitted and acted upon further correction, it will, as I underon behalf of the committee that the

without eliciting some discussion; and stand, be re-referred to the committee

the debate as reported will be a better substance of this amendment was omitwith instructions, or it will be amended ted by the committee through inad

indication of the purpose of our acby unanimous consent-not otherwise.

tion than the mere naked record of vertence. The amendment should be I will add that I propose to offer as

the proposition itself, as it would apadopted. rule 38, a proposition the same in sub_

Mr. HOLT. I would suggest to the

pear upon the journal of the commitstance as rule 37, as contained in the gentleman from Van Buren (Mr.

tee of the whole. report. BLACKMAN) that he substitute for the

If all the motions and proceedings Mr. LONGYEAR. I desire to inquire whether the substitute of the

word « present," the words "within in committee of the whole are to be

the bar of the Convention.” There entered upon our journal, it will, I gentleman from Allegan, is designed might be some misunderstanding in

think, prove to be an unnecessary exas a substitute for rule 37 and the amendments heretofore offered, or

regard to the meaning of the word pense, and will encumber our journal " present."

very much. Besides, it will not, I whether it is intended merely as a

Mr. BLACKMAN. I see no objec

conceive, look very well. Take, for substitute for the amendment of the etion to the change suggested. I modify

instance, the proceedings that have, gentleman from Jackson, (Mr. PRININ my amendment accordingly.

been had in the committee of the GLE.) . The amendment as modified was

whole in regard to these rules. Let Mr. WILLIAMS. It is intended as adopted.'

any gentleman consider for a moment

how many motions have been made, amendments. The substitute offered by Mr. Wil

be amended so as to make the fourth some of them probably out of order, LIAMS, was adopted; and the amend

Lorder of business « communications many of them of no sort of conse

from State officers," and that the quence, some of them not acted upon. ment as thus amended was agreed to.

orders now standing as fourth fifth To enter all these upon the journal is Mr. WILLIAMS. I move to amend sixth, seventh and eighth, shall be

| a waste of time, a waste of labor, and by adding the following, to stand as numbered as fifth, sixth, seventh,

involves an unnecessary expense in the rule 38: eighth and ninth, respectively.

printing. . . bo The several articles, after their final pas..Tanrose that the committee has ir

inal pas- I suppose that the committee has in- I do hope that the rule will be sage, shall be referred to the Committee on Arrangement and Phraseology, for numerical advertently omitted an order of this stricken out, and that we shall not rearrangement in their appropriate order, and sort. We are continually calling upon quire a journal to be kept by the Secshall be reported back to the Convention for

State officers for communications, and retary in the committee of the whole. its final action upon the Constitution as an entirety.”

I presume it would be proper to have According to the practice, the chairThe amendment was adontód

an order under which these communi-man of the committee would be rea Mr. FERRIS. I move to amend by abycations may be received.

quired to keep such a record as will adding the following to stand as Rule

| Mr. P. D. WARNER. I had pre-enable him to make an intelligible re39:

pared an amendment of the same char- port to the Convention when the com“Every member present, when a question

acter as this. I hope that the amend- mittee shall rise. That, in my judgshall be last stated from the chair, shall vote ment will be adopted.

ment, is all that is necessary. thereon, unless excused by the Convention." The amendment was adopted... | Mr: WILLIAMS. I apprehend, Mr.

Mr. BLACKMAN. I suggest to the Mr. MUSSEY. I move to amend Chairman, that in a Convention of this gentleman from Kent, (Mr. FERRIS,) | by striking out Rule 24, which pro- | kind a different rule ought to prevail that I have an amendment which I vides that

from that followed in an ordinary leg


[ocr errors]


[ocr errors][merged small][merged small]

islative body. By our committee, the sions. I cannot conceive of any other "Which motion did not prevail.

"Mr. Alvord moved to strike out after rule which it is now proposed to strike mode in which the people can hereaf

1 year,' in the fourth line of Mr. Fralick's out was regarded as a very proper | ter arrive at a correct understanding amendment, to iand,' in the sixth line.'" rnle. Undoubtedly one of the objects of our action here. This certainly can

of our action here. This certainly can- It will be found that after the first of having the debates and proceedings not be obtained from the journal, un- two weeks of the session of the Conof this Convention reported and print- less that is to be encumbered by the vention of 1850, nearly all the proceeded was to aid others in arriving at the insertion of the entire articles under ings of the Convention, as they appear intention by which the Convention was consideration for amendment, as well on the journal; were in committee of governed in coming to any particular as the various amendments proposed; the whole; and, sir, I apprehend, that conclusion. But, sir, the principal and this would swell the journal to an unless our reporters are called upon part of the proceedings of this con- unusual bulk for no purpose whatever. to do a great deal more than reporters vention will probably be had in com- Mr. BILLS. It seems to me, Mr. I are usually called upon to do, their remittee of the whole. The principal | Chairman, that there is great force in ports will in many cases be almost inamendments will be proposed, and the remarks of the gentleman from


mittee of the whole. Hence, the action ports of our proceedings, I presume, is kept. of that committee should, I apprehend, the article under consideration will Mr. MUSSEY. Mr. Chairman. I be as definitely and distinctly recorded appear, and thus the motions and on our journal as any other portion of speeches made in regard to it will be gentleman from Wayne, (Mr. MCCLELour proceedings. The argument of intelligible to the reader. Not so with LAND) Preced

ntelligible to the reader. Not so with LAND.) Precedents are valuable when the gentleman from Macomb, (Mr. the journal; for in that the article un

they are good precedents, and are MUSSEY,) would be equally strong der consideration would not appear; properly applicable. We have the against keeping any journal whatever and without this the motions and

proceedings of former Conventions for of the action of the Convention. All amendments would not be sufficiently

our guidance, and I trust we may our proceedings are to be fully reported intelligible to be useful to any reader profit by them. But, sir, it will be and published, yet gentlemen admit seeking to understand the purport and borne in mind that the motion which the necessity of having a journal. object of our action. It appears to me I submit does not propose to dispense

The journal of our action in the that to keep a journal of all the mo- in any degree with the reports of committee of the whole may be cum- tions, amendments, etc., offered in com- reporters. It is expected that they will bersome; but I do not apprehend that mittee of the whole, is altogether un-report fully all the proceedings, as well it will be. Our proceedings of yester- necessary, and must make our journals as the debates of this Convention. day in reference to the rules, as record- inconveniently cumbersome. I hope They have said to us that they will reed by the clerk in the committee of the that the amendment of the gentleman port verbatim the doings and sayings whole, the several amendments propos- from Macomb, (Mr. MUSSEY,) will be of this body. Not so with the Coned and acted upon, would, I think, aid adopted.

vention of 1850. That Convention did any one in determining the motives of Mr. MCCLELLAND. Mr. ; Chair-publish what was called a report of this Convention in adopting the rules man, I should be very sorry if the the debates, but it has never been as they now stand. There is nothing motion of the gentleman from Macomb claimed, I believe, that that report was particularly cumbersome about such a should prevail. It will be found, as follor complete Ini record, and, although the making of it we progress with our business, that a history of the do may take up more of the time of the the most important proceedings of the vention-it is simply a statement of Secretary, yet I understand he has suf- Convention will be in committee of the the arguments pro a

onvention will be in committee of the the arguments pro and con upon the ficient assistance to do it.

whole; and it will be morally impossi- various questions coming before that If it is important to keep a journal ble for any one hereafter to construe as body. The case is different with us. . at all. I cannot see why it is not equally it should be construed the Constitu- I believe it is the understanding of this important, in the deliberations of such tion which we may frame, without re- Convention that our reporters are to a body as this, to keep a journal of curring to the record of our proceed- make a full and complete report of all the action in the committee of the ings in committee. I think it will be the doings and sayings of this body,

: appears to me that found that, in the various Constitu- so that their record may afford to those the latter is more important; for in tional Conventions which have been who are not members of this Conven

mittee the principal amend-I held in different States, the almost inva- tion a guide to the proper understandments will come up for consideration. riable practice has been to journalizeling of our action on the

Mr. MORTON. Mr. Chairman, I fully the proceedings in committee of tions that may come before us. I subam in favor of the motion of the gen- the whole. This course, I believe, was mit that this full, official report, not tleman from Macomb, (Mr. MUSSEY.) I pursued in our Constitutional Conven-Jour journal, is what will be consi cannot see how all our action in the tion of 1835; it certainly was in the Con-by an

tion of 1835; it certainly was in the Con- by any one who may hereafter be in committee of the whole can be intel- vention of 1850. There is no inconve- doubt as to the meaning of any part ligibly put upon record, so as to be nience in keeping such a journal. It of the Constitution which we may understood by those who may read it does not make a bulky volume, and frame. Thereafter. In fact, such a journal there is no incoherence in the proceed- Mr. PARSONS. It appears to me. will be a confused mass of matter, un- ings as thus recorded. On page 273 Mr. Chairman, that when was

anied of the Journal of the Convention of made some little progress with the ticle to which "it refers, which 1850, the proceedings in committee of business of the Convention, and when I suppose no one intends or expects the whole will be found thus reported; the committees shall have reported will be the case under the rule as it “The question recurring upon Mr. Fra- their work, nearly all our proceedings stands. All the information necessary

lick’s amendment to section 3, proposed on
the 26th of June last, which amendment is as

will be in committee of the whole. It to an intelligent understanding of our follows:-"

is there that the great labor of the Conaction in the committee of the whole, Then the amendment is inserted. vention is to be done. It is the pro

tained from the reports of our discus-out three months,' and insert 'six months;' in which the people of the State will

feel the greatest interest. As the gen- rule as it stands, if there should be should still have had as full a guarantleman from Wayne (Mr. McCLELLAND) only 60 or 70 members here, 51 votes tee of a good Constitution as we have has remarked, it will be found, by re- would still be required for the adop- with the present number-one hunferring to the journal of the Conven- tion of any article. I think that the dred. Hence, I apprehend none of the tion of 1850, that by far the greater majority of those present should be evil consequences which some gentleportion of the proceedings of that body permitted to adopt any measure that men fear from allowing a majority of took place in the committee of the may come before us.

the members present to perfect an whole.

Mr. LUCE. Mr. Chairman, what-article. I believe there is no insecurity I hope that the motion of the gen- ever amendment may be made to this in adopting such a rule. tleman from Macomb will not prevail, rule, I trust that this amendment will I am aware that the popular idea but that the rule as it now stands will not be adopted. I believe that the that a majority of all the members elect be retained.

clause which the gentlemen from Grand must pass on a proposition in order The question being taken on the Traverse (Mr. LEACH) proposes to that it may be perfected, has plausiamendment of Mr. Mussay, it was not strike out is one of the most important bility and will doubtless affect more or agreed to.

provisions contained in this rule. less the minds of many members of Mr. LEACH. I move to amend Those who have served in the Legisla- this Convention; yet to my judgment Rule 35, by striking out all after the ture will, I think, readily appreciate that idea has not much weight. I am word “ direct," in the fourth liue. The the propriety-I might say the neces- inclined to favor this amendment, so words which I propose to strike out are sity-of retaining this provision. I that the Convention may not, at any the following:

apprehend that no measure which stage of its proceedings, be embarAnd no article shall be declared adopted | cannot obtain the votes of & majority | rassed by the absence of 20 or 30 without the votes of a majority of all the of all the members elected to this Con- members, and that we may go on and members elect.”..."

vention should be adopted. In the perfect with the greatest possible I do not make this motion with any Legislature there is no trouble in ob- facility the various articles that may great degree of confidence, nor with a taining the votes of a majority of all come before us. I believe that, though full conviction in my own mind that it the members, in favor of the passage of even one-half of the members of this ought to be adopted. Yet it seems to any bill that ought to pass. The diffi- Convention should be absent, there is me that the rule as it now stands, culties and dangers that may attend sufficient ability and sound sense on is not entirely right. The Convention the departure from this rule by the the part of the older members here to consisting of 100 members, 51 votes Convention seem to me manifold. Cer- insure the attainment of a correct conwill, under this rule, be required for tainly, if articles of our Constitution clusion, and that no danger need be the adoption of any measure that may are to be adopted by the votes of less apprehended from the adoption of come before us. Now, sir, in the pro- than a majority of all the members this amendment. gress of events, the number in attend- elect, we ought to define what number Mr. WILLIAMS. Mr. Chairman, ance here may, by the absence of mem- shall be necessary. I believe it would the clause of this rule which it is now bers on account of business or sick- be unwise and unsafe to permit a mere proposed to strike out, was adopted in ness, be reduced by-and-by to 70 or majority of a quorum to adopt finally, the committee, because it was deemed 80. Hence, I desire to suggest the articles to be incorporated in our Con- important that a majority vote of all question whether it is best that 51 stitution. I trust that the amendment the members of the Convention should votes should be required in all cases, proposed by the gentleman from Grand be required for the adoption of any artifor the adoption of any article. It Traverse will not prevail.

cle. I believe this provision to be at least strikes me that after awhile, it may be Mr. BILLS. I am aware, Mr. Chair- highly proper. Although I may agree very difficult, where the vote is tolera- man, that the proposition to require a very frankly and fully with the gentle. bly close, to get such a majority; and majority vote of all the members elect man who has just taken his seat, (Mr. if we insist upon retaining this rule, for the adoption of any article has a BILLS,) that twenty-five delegates from it may become almost impossible for degree of plausibility which is likely to the State at large, might perhaps us to act upon any important matter. have considerable weight with this make a better Constitution than any We know that if we should be detained Convention. Yet, with the gentleman one hundred men could; yet still, it here till July or August, many mem- who has presented this amendment, does not follow, that when the people bers will be absent on account of sick- I can see that it is more than probable themselves, have seen fit to elect one ness, which prevails every season more the time may come when an adherence hundred men as members of this conor less; and if any unusual sickness to this rule may greatly embarrass our vention, twenty-five of those should be should prevail, it would, I apprehend, proceedings and interpose serious ob- permitted to make the Constitution. be impossible, under the rule as it now stacles to the perfection of any meas- As the people have provided that one stands, to transact the business of the ure by the Convention.

hundred members should be here for Convention. I have submitted this I do not participate in the alarm ex- the purpose of consulting and agreemotion and made these few remarks perienced by some members with re- ing upon a Constitution, it would seem : in order to call the attention of mem- gard to the consequences of allowing to be highly proper to provide some bers to the subject.

L a majority of the members present to guarantee that these one hundred, or at Mr. M. C. WATKINS. I think, Mr. I pass upon any article. I believe it least a majority of them, shall act for Chairman, that if the number of mem- will be conceded by perhaps every the people in framing a Constitution to bers in attendance here should be so gentleman here, that if the number of be submitted to them. reduced by reason of sickness or any members composing the Convention But, after all, this rule, if adopted, other cause, as to render it difficult to had been limited to 50, we should is not imperative; it is not an absolutė, obtain a majority vote on important have had as full a guarantee of a good invariable rule. It can be modified. propositions, we should probably ad-Constitution as with a Convention con- It can be suspended by a vote of twojourn. I am inclined to think that the sisting of 100 or 150 members. Even thirds of the members present, not. rule as it now stands, is correct. if the number were reduced to that of two-thirds of the members elect. If

Mr. LEACH. The gentleman will the members comprising our State at any time, in consequence of sickness allow me to suggest that under the Senate-a little more than 30—we or any other cause, a large number of

[blocks in formation]
[ocr errors][ocr errors]

members should be absent, two-thirds nearly or quite that many absent to-agree upon the old one by the requisite of the members present, if they should day; for leave of absence has been majority of fifty-one votes. Suppose think it desirable to act upon any ar- granted to some members, I believe, that there should be but eighty mem- . . ticle under consideration, could sus- every day thus far, and I think but bers.present, and fifty should vote to pend this rule and adopt the article in few of the members who have left have retain a certain article of the present question, by a vote of less than a ma- returned. Suppose the attendance Constitution which we had not thought jority of all the members elect. Our here should be reduced simply to that proper to amend, while thirty should practice on this point is to be regula extent; and in a body of this size, it is oppose its retention. In such a case ted by a rule, and not by a constitu- very seldom the case that less than 10 the article would be omitted from the tional provision, such as governs the or 15 members are absent. Suppose Constitution entirely. If we submit a action of the Legislature; and this rule that, under these circumstance, an Constitution, we must, if I understand would be at all times under the control article of the Constitution should come the matter rightly, submit it without of two-thirds of the members

up for adoption, and 51 votes could that article. But, sir, it appears to me that it not be obtained for it. The business Mr. M. C.WATKINS. Iunderstand would not be wise for us at this stage of the Convention may thus be embar- that by the law under which we are of our proceedings to adopt a different rassed and trammeled. We may thus now acting, there are to be a hundred rule in this respect, from that on be unable to pass some important members of this Convention. It is which the committee have agreed. If article relating, if you please, to the probable that a less number might we should do so, the formation of our Legislative Department, or some other have done the work equally well, posConstitution may be placed in the subject of similar moment-some nec- sibly better. But the concentrated hands of a small minority of this con- essary, vital part of the Constitution. wisdom of our State, as embodied in vention. I apprehend, sir, that if at In that case we must either adjourn, our Legislature, after a long struggle any time during the sitting of this or we must have a call of the Conven- over the question, and I believe much Convention a large number of mem- tion, and send the Sergeant-at-Arms contest between the two houses, agreed bers should be stricken down by sick- after the absentees. These may be that the number of members in this ness, the Convention will not deem it prevented from attending by sickness body should be one hundred And to be its duty to continue in session, or death. Thus it may be impossible our constituents have elected that but will doubtless, adjourn over, in to obtain a full attendance here, and number of us, and sent us here to reorder that the questions to be deter- impossible to proceed with the busi- vise the Constitution of this State. minéd may be decided by a full Con- ness of the Convention.

Now is it proper that we should predivention. These questions are of too! As regards this question, there is an cate our action upon a less number serious importance to be decided by a important distinction between this than a majority? There must always :: mere fraction of those whom the peo- Convention and the Legislature. The be a majority of some number to deple have elected to act upon them. latter is a continuing body, sitting from termine any action, and do members Let us keep in view the object of the session to session. This Convention, propose to have a majority less than people in calling us together, and let when it adjourns sine die, is at an end of the whole number of members us adopt such rules as will carry out forever. It seems to me that this rule, elected ? If so, what shall that matheir purpose. In doing so, it seems even if beneficial in a legislative body, jority be? to me, we should provide that a ma- is not the proper rule for a body of Mr. LONGYEAR. Of a quorum. jority of all the members elect shall this kind. I hope that the amendment Mr. M. C. WATKINS. The difficulbe necessary for the adoption of any will be adopted.

ty which some members have suggested article.

| Mr. BLACKMAN. Mr. Chairman, does not present itself to my mind. I Mr. LONGYEAR. Mr. Chairman, I am in favor of this amendment. I do not apprehend that our number is I rise to support the amendment. It | While it may be very proper in a going to be very much reduced by strikes me that this provision of the legislative body to require that the sickness. It is possible that we may rule is founded upon a false theory. votes of a majority of all the members be, but I think it is a contingency we A majority of all the members elect elect shall be necessary for the final need not provide for at present. I think constitute a quorum of this body to passage of a bill, I think the rule is we should go on with our business, updo business. By the rule as it stands, not equally applicable to this Conven-I on the supposition that this body will the same number is required for the tion. If in the Legislature a bill pro- have one hundred members. If our adoption of any article. It is true posing some change in the existing numbers should be reduced by sickthat a quorum may go on with the in-law should fail for want of the consti- ness or any other cause, so that we termediate business, if I may so term tutional majority to pass it, no serious could not act, then, under the rules of it-may do any business short of the inconvenience is likely to result. The this Convention, the absent members adoption of an article. But a simple existing law will continue. But in this should be brought back here, or we quorum cannot, under this rule, pass Convention we must act affirmatively should adjourn. I think under the law, any article. If this rule is to be re- on every article of the Constitution it is not proper for us to predicate our tained, then, to be consistent, we should that we propose to the people. If action upon less than one hundred require that no less than the whole there is some article of the present members. number of members elect shall consti- Constitution which we do not desire Mr. WILLARD. I apprehend that tute á quorum. If a majority of all to change, which we wish to incorpo- the arguments made here, from a comthe members elect be required to pass rate in the new Constitution, it 'must parison of this body with the Legislaan article, then certainly all the mem- be passed by a vote of this Convention ture, are made without a proper conbers elect should be present and voting. otherwise it will be omitted from the sideration of the object for which we Otherwise, either the proceedings of Constitution which we shall frame. have been called together. It seems to the Convention are hampered, or in- Such is my understanding. Thus me that we are merely a committee apjustice may be done to a meritorious | there might arise a case in which, owl pointed for the purpose of preparing measure. Suppose, for instance, that ing to the absence of fifteen or twenty an instrument to be submitted to the there should be only 15 or 20 members members, the Convention would be people. Our action is not final, like absent; and there are, I apprehend, unable to adopt a new article or to the action of the Legislatnre. Their


action is final: if they pass a bill, the I believe that if any fatal disease or President, it shall be deemed to be in the poslaw is accordingly changed from what pestilence shall come to the city of se

it of session of the Convention. Such motion may

| be withdrawn at any time before decision or it was before. Our action alone does | Lansing during the sitting of this amendment, but may be renewed by any other not change any law.

| Convention, the Convention will flee member." The collected wisdom of this body from the city. You will not be able The amendment was agreed to.. is brought to bear upon questions to keep this body in session here, Mr. ROOT. I would suggest the which arise from time to time, and are while disease is making so fearful rav- propriety of amending Rule 27, by submitted to us in the form of articles ages in our midst as to reduce this striking out “three," and inserting of a Constitution. It seems to me it Convention to less than a quorum. “ten" as the number of days within should be competent for a majority of Under those circumstances I believe which a reconsideration may be moved. those present to make a decision of those members of the Convention left We may perhaps need a longer time those questions Yet there should not here will be inclined to adjourn its than three days in which to reconsider be too small a number to make those further proceedings to some more con- some propositions which may be decisions. Therefore I would propose venient season.

adopted by this body. I make the as a substitute for the amendment of I am in favor of retaining the rule suggestion in order to obtain informathe gentleman from Grand Traverse as it now stands; and therefore I am tion from members. (Mr. LEACH) to strike out the word opposed to all the amendments which| Mr. HOLT. I think it better be "elect," at the end of the rule, and to have been proposed to it.

made one day instead of three days. add the words “present, and without Mr. DIVINE. I am in favor of Mr. T. G. SMITH. I move that the a vote of two-fifths of all the members the rule reported by the commit'ee, committee rise and report the rules elect.”

and for this reason: it is evident to and amendments to the Convention. Mr. THOMPSON. I wish to inquire my mind that, with the present daily The motion was agreed to. whether the effect of that would be to attendance in the Convention, there is The committee accordingly rose, and require a majority vote of two-fifths of now no necessity for the amendments the President having resumed the all the members elect, or that the whole proposed by the gentleman from chair, vote shall be two-fifths of all the mem- Grand Traverse, (Mr. LEACH.) Rule Mr. BIRNEY reported that the combers elect?

34, as amended, provides that a ma- mittee of the whole, pursuant to the Mr. WILLARD.. My intention is to jority of the members elected shall order of the Convention, had had under provide that the affirmative vote shall constitute a quorum for the transac- consideration the rules reported by the be two-fifths of all the members elect; tion of business, but a less number committee on rules, and had made that is, shall be at least forty. ..may adjourn from day to day." Rule sundry amendments thereto, which he

Mr P. D. WARNER. The differ- 30 provides that “no rule of the Con- had been directed to report to the Conence between the rule under consider- vention shall be suspended, altered or vention and to recommend their adopation, and the rule adopted by the amended, without the consent of two- tion. Convention of 1850, may have been thirds of the members present." If Mr. P. D. WARNER. Unless some made upon my suggestion. I do not any occasion should arise where a por- gentleman desires a separate vote on now recollect distinctly whether it was tion of the delegates to this Conven- some of these amendments, I move or not. But I know I was in favor of tion should deem it proper to leave, that they be adopted in gross. making the change. The people, as long as fifty-one members remained The motion was agreed to, and the through their Legislature, had author- here, there would be “a quorum for amendments were accordingly adopted. ized the assembling here of one hun- the transaction of business," and this Mr. T. G. SMITH. I move that the dred members of this Convention, to rule requiring the vote. of a majority rules as amended be engrossed, printconsider and act upon the provisions of all the members elected, to adopt ed, and placed on the order of third of a new Constitution, to be submitted any article, could be suspended by a reading. to the people for adoption or rejection. vote of “two-thirds of the members Mr. WILLIAMS. I move to amend I deemed that it was not unreasonable present;" and I apprehend that when the motion by striking out the word to require the concentration of the votes our number shall have been reduced "printed.” of at least fifty-one of these hundred to below fifty-one, this Convention will Mr. T. G. SMITH. My object in members to carry any provision to be adjourn from day to day, until a suf-, moving to have these rules and amendinserted in that new Constitution. I ficient number of members appear ments printed was that we might have thought that a provision that did not here to enable us to work under our an opportunity to examine them, and have sufficient merit to bring to its rules as reported.

see that the amendments had been support a majority of the members. The question was on Mr. WILLARD's properly incorporated before they were elected to this Convention, would not amendment to the amendment of Mr. ordered to a third reading. be one of sufficient merit to be pre- LEACH, and being taken, it was not. The amendment of Mr. WILLIAMS sented to the people of the State of agreed to. .

was agreed to. Michigan for their action. Taking The amendment of Mr. LEACH was. The question was on the motion of . that view of the subject, I was in favor not agreed to.

| Mr. T. G. SMITH as amended. of changing the rule adopted by the Mr. THOMPSON. I move to amend. Mr. BIRNEY. I do not understand Convention of 1850, and adopting the Rule 12, by striking out the word that the rule requiring three readings one reported by the committee on "but," after the word “Convention," applies to this subject, but only to the rules.

and inserting the words “such motion,” different articles of the Constitution. It has been urged that if we have a making that the beginning of a new I do not see why, the Convention prolonged session, this Convention sentence. It is a mere change of the having adopted the amendments made. may by sickness be reduced to a phraseology. It will be seen by an in committee of the whole, these rules bare quorum; and by that means be examination of this rule, that the lan- may not be adopted now, and ordered unable to concentrate fifty-one votes guage employed is somewhat objec- to be printed for the use of the Conin favor of any article of the new tionable. As I propose to amend it; it vention. Constitution. That consideration has will read: ::

| Mr. BLACKMAN. I suppose it is no weight whatever upon my mind. "After a motion bas been stated by the perfectly competent for the Convention

« SebelumnyaLanjutkan »