*

ogy so as to read "breach of promise ing out the words "of himself and the verbatim-certainly in substance-in to marry. State," and inserting before the word the Constitution of the United States. Mr. FERRIS. I modify my amend-"defense," the word "common;" so I now allude to this section as well as ment by substituting those words. A that the section will read: "Every sections 5, 6, 7, 8, 10, 13 and 14. marriage promise I suppose is broken person has a right to bear arms for the I wish to suggest the question whether when a man deserts his wife; but a common defense." it is necessary to repeat in our Constipromise to marry is broken when a I do not know what construction tution the guarantees which are alman refuses to fulfill such a promise. might be put upon the language of ready placed in the Constitution of the The PRESIDENT. The motion of this section as it stands; but I know at United States, which is the supreme the gentleman from Kent, as reduced one time, when the proposition was law of the land, anything in our Con-to writing, is in these words: Insert in made in the Legislature to pass a law stitution, or out of it, to the contrary the second line of section fifteen, after prohibiting the carrying of concealed notwithstanding. the word "trust," the words "or breach weapons, it was objected that such a of promise to marry." law would be in conflict with this provision of the Constitution. It seems to me that in these days, when the law of the pistol and bowie-knife prevails to a great extent, there should be reserved to the Legislature the power to provide that men shall not go abroad carrying concealed weapons at their pleasure.

Mr. PRINGLE. I move to amend the amendment by striking out the words "breach of," so that the clause will read, "except in case of fraud, or breach of trust or promise to marry." Mr. FERRIS. I accept that as a modification of my amendment.

Mr. LOTHROP. I would suggest that the word “of," should be repeated, so that the language will read: "or of promise to marry."

Mr. LOVELL. I concur in the suggestion of the gentleman from Wayne, (Mr. LOTHROP.)

Mr. FERRIS. I modify my amendment by inserting the word "of," as suggested.

The amendment was agreed to.
SUBORDINATION OF THE MILITARY POWER.
The next section was read as follows:

SECTION 18. The military shall, in all cases
and at all times, be in strict subordination to

the civil power.

Mr. MILES. I move to amend this section by striking out the words "in all cases and at all times."

In regard to the provision in the United States Constitution, as to the suspension of the writ of habeas corpus, that provision is contained in the article on the legislative department of the United States; and, hence, some doubt has arisen whether it was intended to apply to anything beyond the action of Congress. But the other provissions relating to the same subjects as those embraced in this section are contained in other articles of the Constitution of the United States. The provision that "no bill of attainder, expost facto law, or law impairing the obligation of contracts," shall be passed, is also contained in the article on the legislative department. Yet it is repeated in substance in another article, Mr. VAN VALKENBURGH. where it is provided that no State move to amend by adding at the end shall pass any such law. The other Mr. LOVELL. I do not know that of the section, "except in times of war." provisions are found in the amendI understand the full force of the last Mr. MILES. The amendment of ments to the Constitution of the United clause of this section, which reads the gentleman from Oakland, (Mr. States. For instance, article third of thus: "No person shall be imprisoned VAN VALKENBURGH,) is not an amend- the amendments provides in language for a militia fine in time of peace." It ment to my amendment. The object almost identical with that of this secseems to me that a person should of my amendment was to shorten the tion, that "no soldier shall in time of never be imprisoned for a militia fine peace be quartered in any house witheven in time of war. There are other out the consent of the owner, nor in means of constraining a person, if time of war but in a manner to be necessary. I move, therefore, to amend prescribed by law." Then again, artiby striking out the words "in time of cle fourth of the amendments to the peace. Constitution of the United States is identical in substance, though not precisely in language, with section ten of this article.

The amendment of Mr. FERRIS, as modified, was adopted.

The amendment of Mr. LOVELL was not agreed to.

COMPETENCY OF WITNESSES. The next section was read as follows: SECTION 16. No person shall be rendered incompetent to be a witness on account of his opinions on matters of religious belief.

Mr. PRINGLE. It appears to me that the substance of this section is entirely covered by section three, which provides that "the civil and religious rights, privileges and capacities of no individual shall be diminished or enlarged, on account of his opinions or belief concerning matters of religion." I move that this section be stricken out.

The motion was agreed to.

RIGHT TO BEAR ARMS.

I

section, retaining the same force that
it now has.

The CHAIRMAN. The amendment
of the gentleman from Oakland, not
being an amendment to the amend-
ment of the gentleman from St. Clair,
(Mr. MILES,) will be reserved until
the vote shall have been taken on the
amendment of the gentleman from St.
Clair.

The amendment of Mr. MILES was
agreed to.

The amendment of Mr. VAN VALKEN-
BURGH was not agreed to.

QUARTERING OF SOLDIERS.

The next section was read as follows:
SECTION 19. No soldier shall, in time of

consent of the owner or occupant, nor in
peace, be quartered in any house without the
time of war, except in a manner prescribed
by law.

Mr. BLACKMAN. I do not wish to offer any amendment to this section; I wish simply to call the attention of the committee to a single point in connection with it, that it may be decided whether the matter is deserving of any consideration. I find that in regard to this section and several sections Mr. CROSWELL, (the President.) which have been already passed, the

The next section was read as follows:
SECTION 17. Every person has a right to

bear arms for the defense of himself and the
State.

The CHAIRMAN. The Chair will inquire whether the gentleman from Van Buren has any motion to make.

Mr. BLACKMAN. Ihave no motion to make. As I stated, I merely wish to call the attention of the Convention to this point, that it may be considered whether it is necessary to repeat in our which are already inserted in the ConState Constitution these guarantees stitution of the United States.

The CHAIRMAN. There is no motion pending.

Mr. P. D. WARNER. I move that

the committee rise, report progress and ask leave to sit again.

The motion was not agreed to.

REDRESS OF GRIEVANCES, &C.
The next section was read as follows:
SECTION 20. The people have the right

I move to amend this section by strik- same language is contained almost peaceably to assemble together, to consult for

i

:

the common good, to instruct their Representatives, and to petition the Legislature for

redress of grievances.

Mr. ALEXANDER.

I move to

amend by striking out the words, "for redress of grievances.

There shall be neither slavery nor involuntary servitude in the said territory,,other

wise than in the punishment of crime.”

This is the language which has been transmitted to us by the men who framed that ordinance. Its language The amendment was not agreed to. is not only time-honored, but well unMr. WILLARD. I desire to suggest derstood and well settled by constructhat the word "together," after the tion. I can see no reason for departword "assemble," in this section, is suing from it. perfluous, and is not in accordance with the time-honored language of the Constitution of the United States. It add a little to the euphony of the secadd a little to the euphony of the my tion, but it adds nothing to its meaning I moye that the word "together" be stricken out.

The motion was not agreed to.

SLAVERY.

The next section was read, as follows: SECTION 21. Neither slavery nor involuntary servitude, unless for the punishment of crime, shall ever be tolerated in this State.

Mr. BLACKMAN. I move the following as a substitute for this section: "Slavery shall not be tolerated in this State."

Mr. LOTHROP. I do not see that that is any better than the old form.

Mr. BILLS. I move to amend the section by striking out the words, "unless for the punishment of crime," so that the section shall read: "Neither slavery nor involuntary servitude shall ever be tolerated in this State."

think the section will then express exactly what we intend.

Mr. NORRIS. The committee on tend to that matter. arrangement and phraseoloy, can at

Mr. LONGYEAR. Yes, sir, I presume that they will make the necessary correction.

RIGHTS OF ALIENS.

The next section was read as follows:
SECTION 22. Aliens who are, or may here-

shall enjoy the same rights in respect to the
after become bona fide residents of this Sate,
possession, enjoyment and inheritance of
property as native born citizens.

Mr. NORRIS. It is.

:

Mr. BLACKMAN. One reason which I had in offering the substitute fewer words and more directly the was that I thought it expressed in whole idea that was designed to be expressed. I will state also another rea- Mr. HENDERSON. I do not rise to son. I am aware that the language make a motion for amendment. I have embraced in the section is time-hon- not examined the section to see ored; and I hesitated somewhat on whether it is in the same language as that account to offer my amendment; the present Constitution. but that language seems to me to imply that slavery may be allowed as a Mr. HENDERSON. It seems to me punishment for crime. It seems to me that the end desired would be accomthe necessary import of the words of plished, unless we specially desire to the section, that we might by law es- call the attention of aliens to this mattablish a system by which we would ter, by striking out the words " aliens impose upon individuals slavery as a who are or may hereafter become," punishment for crime. I am aware and inserting before the words “bona that the form of language adopted in fide," the word "all;" so that the secthe section is the same which was fol- tion will read: "All bona fide residents lowed in the amendment recently of this State shall enjoy the same adopted to the Constitution of the rights," &c. United States. I am also aware that Mr. WILLIAMS. I find that the certain States in the South have put word" who," as contained in the presupon it the construction which I have ent Constitution, is omitted in the Mr. WILLARD. I hope that the just mentioned, and have commenced section as here reported. I will suggentleman from Lenawee will with-in practice to make slavery the penalty gest that the section be amended by draw his amendment. I think he has for the commission of certain offenses inserting before the word "may," the not taken into consideration a certain thus evading the true intention of word " who," so that the clause will class of cases which occur under our that amendment. That any such thing read: "or who may hereafter become present law. Children sentenced to will eventually prove successful, I have bona fide residents." the reform school may, under our pres- no fear; but I think it best that we The CHAIRMAN. That amendment ent laws, be bound out until they are should use language which shall be will be made if there be no objection.. 21 years of age, or until discharged by perfectly, clear and free from the Mr. THOMPSON. I object. the board of control. This might be liability to misconstruction. Mr. WILLIAMS. If there is objecconsidered, in one sense, an involunMr. BILLS. After reflection, I tion, I withdraw the proposition. tary servitude. think that the substitute of the Mr. MILES. I move to amend by gentleman from Van Buren, is per- striking out in this section the words haps all that we need on this sub-"who are or may hereafter become ject. I see objections which might bona fide residents of this State." Mr. BILLS. I am not inclined to arise to the amendment which I have We have many foreigners residing withdraw my amendment for the rea- proposed. One is, as already suggested, in this State, who may die and leave son suggested by the gentleman from that it is necessary, in punishing crimes, their property to persons residing in Calhoun, (Mr. WILLALD.) If that rea- to enforce involuntary servitude. The Germany, Ireland, or any other foreign son is good in support of his sugges-purpose which I had in view, will be country from which they have come, tion, it would apply equally to all pa- fully reached by the substitute. I, rental government over minors. We therefore, withdraw the amendment. all demand, sometimes, involuntary The question being taken on the servitude, where a child will not listen substitute proposed by Mr. BLACKMAN, it was not agreed to.

Mr. GIDDINGS. Is it any more involuntary servitude than the servitude of apprentices?

to reason.

and under our laws such persons have the right to inherit property, although they may never have seen our State. I do not see any reason for the insertion of the words which 1 propose to strike out.

The amendment of Mr. MILES was not agreed to.

Mr. CHAPIN. I would suggest Mr. LONGYEAR. It appears to me whether there are not some persons in that there is force in the suggestion, the city of Jackson, who are in a state that this section, as it stands, might of involuntary servitude. I mean imply that slavery may be imposed in Mr. D. GOODWIN. I move to strike those serving out sentences of the punishment of crime. But the whole out this whole section. I do not courts. difficulty, in this respect, seems to me, see any utility in inserting this proviMr. LOTHROP. I hold in my to arise from the insertion of the com- sion in the Constitution. This mathand a copy of the time-honored ordi- ma after the word "servitude," instead ter may be regulated by law, and nance of 1787, in which the prohibi- of after the word "slavery." If that is already so regulated. We have a tion of slavery is embodied, in this change in the punctuation be made, I statutory enactment on this subject. language:

To incorporate in the Constitution a same rights, in respect to the possession,
permanent provision of this kind might
possibly subject us to some inconve-
nience. There may be times when it
would not be desirable to have such a

provision in the Constitution. I think it wisest to leave the matter entirely within the power of the Legislature. Mr. STOUGHTON. I can see but one consideration in favor of striking out this section, and whether that is sufficient is a matter of very grave doubt in my mind. I can conceive a case in which it might be, perhaps, desirable for the government to have the power to retaliate in certain contingencies. If we should be engaged in war with a foreign government, and if that government should unjustly imprison our citizens or confiscate their property, it might be not only desirable, but necessary, to retaliate in such cases. Such retaliation would be prevented by a provision of this kind. This is the only reason that I can conceive for

striking out the section. Whether it is a sufficient reason, I am not quite satisfied in my own mind.

The motion was agreed to.

enjoyment and inheritance of property."
So the committee rose, and the
Mr. LOVELL. It seems to me that PRESIDENT having resumed the chair,
we cannot very well adopt this amend-
Mr. CONGER reported that the com-
ment, because we should thereby inter-mittee of the whole, having had under
fere with our modes of taxation. It consideration the article entitled "Bill
seems to me that if there is any object of Rights," had made some progress
in retaining such a section as this, therein, and had directed him to ask
it is as an invitation to aliens to that the committee have leave to sit
come and settle among us. I do
not agree with the suggestion of the
again.
gentleman from Jackson, (Mr. PRINGLE,)mittee have leave to sit again?”
The question being, "Shall the com-
that Englishmen, Irishmen, Germans, Leave was granted.
and other foreigners come here in all, Mr. PRINGLE. I move that the
cases to be American citizens. We Convention now take a recess.
found during the late war, especially
under the operation of the draft laws,
that there were among us a great many
aliens whom we had never regarded
as aliens before.

I do not regard this section as of any very great importance; but if we retain it, let it be as an invitation to foreigners to come and enjoy the same rights as we do with reference to property, although they may not be citi

zens.

The amendment of Mr. P. D. WAR-
NER was not agreed to.

The question being taken on the mo-
tion of Mr. D. GOODWIN, to strike out
the section, it was not agreed to.

PROPERTY TAKEN FOR PUBLIC USE.
The next section was read as follows:
SECTION 23. The property of no person
shall be taken for public use, without just

compensation therefor."

The motion was agreed to; and the Convention (at five minutes after one o'clock p. m.,) took a recess until three o'clock

p. m.

LEAVE OF ABSENCE.

Mr. ALDRICH asked and obtained indefinite leave of absence for himself, on account of sickness in his family.

Mr. LEACH asked and obtained indefinite leave of absence for himself, after to-day.

Mr. STOCKWELL asked and obtained indefinite leave of absence for himself, after to-day.

Mr. PRINGLE. I cannot see much weight in the suggestion of the gentleman from St. Joseph, (Mr. STOUGHTON.) From the natural course of emigration, it is to be expected that Irishmen, Scotchmen, Germans and people of other foreign nations, will come here in considerable numbers, with a view of enjoying the benefit of our institutions. They do not come here as foreigners or aliens, but with the intention of becoming bona fide residents of the State. This being the fact, whether they have filed their declarations to become citizens or not, it would be no retaliation upon any for- amend the amendment by adding indefinite leave of absence for himself, eign government to confiscate their thereto the words "and such compen-after to-day. property in any event. After these men have settled in our State, the

Mr. McCLELLAND. I move to amend this section by adding at the end the words "to be paid or secured in such manner as shall be provided by law."

Mr. ALEXANDER. I move to

Mr. PARSONS asked and obtained indefinite leave of absence for himself, after to-day.

Mr. GERMAIN asked and obtained

Mr. DUNCAN asked and obtained

indefinite leave of absence for himself, after to-day.

sation shall be without deduction for Mr. COOLIDGE asked and obtained benefit to any property of the owner." leave of absence for himself, after toMr. Chairman, I offer this amend- day, until the 3d of July. countries from which they came have ment for the purpose of obviating the Mr. LOTHROP asked and obtained no further interest in them than if they difficulties which are constantly ex- leave of absence for himself, after towere not natives of those countries perienced throughout the State in con- day, until the 3d of July. The governments to which they were formerly subject, would perhaps force sequence of difference of opinion, them to do military duty if they should arising in regard to the basis of the return to their native land; but in other valuation of property taken for public use. It frequently happens that the respects they are hardly regarded as subjects of those nations. These im- in determining the amount of compensubjects of those nations. These im- persons to whom the assessment is left, migrants do not come here as men go sation to be made, take into considerato Mexico and some other places, to tion the supposed benefits to be demake fortunes and then leave. They rived by the party owning the propcome here to enjoy our free institutions; erty, in consequence of its appropriaand it seems to me impossible that we tion to the public use. The amendshould regard and treat them as sub-tion ment which I propose will put at rest jects of some foreign country, and on such questions, and will make the rule that ground subject them to measures of valuation uniform throughout the of retaliation. State.

Mr. P. D. WARNER. I move to amend the section so as to read as follows:

Mr. McCONNELL asked and obafter to-day, until the 3d of July, tained leave of absence for himself,

Mr. F. C. WATKINS asked and

obtained indefinite leave of absence for himself.

Mr. CHAPIN asked and obtained

indefinite leave of absence for himself, after to-day.

Mr. CONGER. I rise to move that indefinite leave of absence be granted to the members generally. I suppose. Mr. LOTHROP. I move that the it is not necessary to take up time by committee rise, report progress, and granting leave to each member sepask leave to sit again. It is now one arately. This Convention has refused on two or three former occasions to

* All residents of this State shall enjoy the o'clock.

adjourn from this evening until the our business, I am in favor of doing
third or ninth of July, and I suppose so; but of course, if it appears that we
it is useless to attempt to reconsider shall soon be without a quorum, then
that matter. But we can, at least, we may as well prepare ourselves to
shorten our work somewhat by grant-go home at once.
ing a general leave of absence to the
members, and allowing the Convention
to go on with its business. [Laugh-
ter.] However, I believe I will with-
draw my motion.

RECESS OF THE CONVENTION.

Mr. THOMPSON. If the tally has been correctly kept, there are only forty-eight members here who have not been excused-less than a quorum. I, therefore, move that when we adjourn this evening, it be to meet on the ninth day of July.

Mr. ROOT. This morning seventy members were present. I have counted over twenty who have asked leave of absence since that time. This is all I know about it.

Mr. BARBER. I would suggest that the Secretary call the roll informally, so that members who are present and intend to remain can respond.

Mr. ALEXANDER. As there really seems to be an intention on the part of the Convention to adjourn, if I can judge from present appearances, and as we have only a short time remainMr. BILLS. I hope that, if this ing to prepare for leaving in the train, motion is to prevail, it may prevail im- I do hope that we shall be permitted mediately; because there are very to vote on this question promptly. many members here who I apprehend would be glad to start for their homes on this afternoon's train. Indeed, it would be necessary for them to do so to reach home before Sunday.

That

Mr. LAMB. I understand the gentleman from Hillsdale, (Mr. THOMPSON,) to state that there are only forty-eight members now in attendance. number being less than a quorum, I make the point of order, whether we can adopt a motion to adjourn over.

Mr. THOMPSON. I did not state that there were only that number present. I said that the number of those who had not been excused, amounted to only forty-eight.

Mr. McCLELLAND. In order to
test the question whether there is a
quorum present, I call the yeas and
nays on the motion of the gentleman
from Hillsdale, (Mr. THOMPSON.)

The yeas and nays were ordered.
Mr. HENDERSON. I suggest that
the Secretary is probably not able to
give all the information asked for by
the gentleman from Branch, (Mr. BAR-
BER;) yet we need all that information.
It is important that we know how
many will remain here to do business,
before voting on this question.

informs the Chair that there are forty-
The PRESIDENT. The Secretary
five members who have not been
excused.

have fixed a day of adjournment at so short a distance in the future, a sufficient number of members might remain here to transact business. I see no necessity for members contiually dropping off now, when we have only two or three days longer to stay here before the recess of the Convention. It may be a great accommodation to some members to go home to-day, but for my part I know that members residing in the section of the State where I live cannot get home this week; at least I cannot, and I have made my calculations to stay here until the day fixed for the adjournment. I had supposed that day was finally fixed. I did not suppose that members were to be continually harping on this question. I think it is unreasonable for any member to broach this subject in the Con

vention now.

Mr. LAMB. I call for the yeas and nays on my amendment.

The yeas and nays were not ordered. The amendment of Mr. LAMB was not agreed to.

The question recurred on the motion of Mr. THOMPSON.

The yeas and nays were taken, and the motion was not agreed to, there being yeas 22, nays 36, as follows:

YEAS-Messrs. Aldrich, Alexander, Bills, Daniells, Duncan, Farmer, Germain, Hixson, Morton, Parsons, Root, T. G. Smith, StockHull, Huston, Leach, Lothrop, McConnell, well, Thompson, Van Riper, White and the President-22.

Bradley, Brown, Burtenshaw, Case, ChapNAYS-Messrs. Andrus, Barber, Blackman, man, Conger, Corbin, Ferris, Hazen, Henderson, Holmes, Holt, Lamb, Lovell, Luce, Pringle, Rafter, Richmond, Sheldon, StoughMcClelland, Miles, Mussey, Ninde, Norris, ton, Sutherland, Tyler, Utley, Van Valkenburgh, Walker, M. C. Watkins, Willard and

Williams-36.

The PRESIDENT. The Chair would say in reference to the point of order Mr. CONGER. There were yesterday raised by the gentleman from Lapeer, seventy-two members here, I believe. (Mr. LAMB,) that a quorum is presum-Since that time over twenty have gone ed to be present at every days' session, away, while, I presume, about twenty unless the contrary appears. On this have returned. Some gentlemen came Mr. WHITE, when his name was question, the vote can be taken by yeas in this morning. It would not be at called, said: I desire to explain the and nays; and if it should then appear all surprising, I suppose, if enough reason for my vote. I wish to accomthat no quorum is present, the point should come in to give us seventy-five modate gentlemen of the Convention raised by the gentleman from Lapeer or eighty members for the transaction who desire to go home and who have of business to-morrow. [Laughter.] not had leave of absence. I therefore Mr. MUSSEY. I desire to ask the Mr. LAMB. I move to amend the vote " aye." Chair to decide another question, motion of the gentleman from Hills- Mr. THOMPSON, when his name. whether a member is not recognized as a member, and required to vote, so long as he is within the bar of the Con

would be well taken.

vention.

dale by striking out the 9th of July,
and inserting in lieu thereof the 14th
of August.

Mr. CASE. I believe we have alThe PRESIDENT. The impression ready occupied one whole day at one of the Chair is, that the privilege of time on this question of adjournment, leave of absence does not commence besides considerable time at other peto operate until the member has left riods. It seems to me that to be conthe Convention. tinually harping upon this question of Mr. BARBER. Before voting on adjournment is, to say the least, boys' this question, I would like to know play. I, for one, am tired of it. I befrom the Secretary, whether the gen- lieve we at one time adopted a resolutleman from Hillsdale, (Mr. THOMP- tion that no member should be granted SON,) is correct in his statement, that leave of absence without assigning some there will not be a quorum after the sufficient reason; and the law provides, members who have obtained leave of I believe, that the reason shall be sickabsence shall have left. If we can keep ness of the member himself or of his a quorum here, and go on transacting family. It seems to me that when we

was called, said: Mr. President, I desire to remain here by all means, if we can have a quorum for the transaction of business. I have made this motion under the belief that there will not be quorum here after to-day, and for the purpose of giving members who desire to go home, an opportunity to leave in the afternoon's train, I vote "aye."

a

as above stated.

ORDER OF BUSINESS.

Mr. LOVELL. I ask unanimous consent to make a motion that the reports of the committee on intoxicating liquors be made the special order for the tenth day of July next.

Mr. NORRIS and others objected.

Mr. ALEXANDER. When this question arose I was about to ask leave of absence for myself until the third of July. I now ask for that leave.

The PRESIDENT. Leave of absence will be granted unless objection be made.

Mr. MCCLELLAND. Does it not prehend it should have been presented we shall not be able to adjourn except require a two-thirds vote to make a as a motion to discharge the commit- from day to day. tee of the whole from the further conspecial order? The PRESIDENT. A two-thirds sideration of the subject. When this vote of those present is necessary to has been done, a majority, according suspend the rules. But only a major- to my view, can make the question a ity vote is required to make any sub-special order for any time they may ject a special order for a certain day. choose. A two-thirds vote, however, would be required to make a question the special order for a certain hour on any day. Does the gentleman from Genesee, (Mr. LovELL,) move a suspension of the order of business that the Convention may resume the consideration of motions and resolutions? Mr. LOVELL. Yes, sir, I make that

motion.

Mr. MCCLELLAND. With the permission of the President, I desire to say one word in regard to the practice in Congress with reference to making special orders. I do not know what is the rule in our Legislature; but I refer the President to page 171 of Barclay's Manual, where he will find the following:

Mr. LUCE. I object to granting any more leave of absence.

The PRESIDENT. The Chair is of the opinion that a majority vote can at any time make a pending question a special order for a day specified. The Mr. MORTON. I move to lay the rule in Congress is different from the objection on the table. [Laughter.] Mr. LUCE. I voted this afternoon rule prevailing here. As has been stated by the gentleman from Jackson, as I have heretofore voted, against (Mr. PRINGLE,) we have, upon our an adjournment, supposing that we regular order of business, an order en- had already fixed that question. titled "Special Orders of the Day;" But if I knew now that we could and, in the judgment of the Chair, a not have a quorum here after tomajority vote can at any time make a day, I should like to reconsider the that by subject that may be before the Conven- vote we have taken, so tion a special order for a particular agreeing to an adjournment we may day. But, to make a subject a special all get leave of absence and go home. order for a particular hour of the day If there were any method of arriving would require a two-thirds vote, be- at a knowledge of the fact whether cause that would be, in effect, an inter- there will be a quorum in attendance ference with the regular order of busi- to-morrow and on Monday and Tuesness of the Convention. In Congress day to transact business, we should "Special orders are made under a suspension of the rules. Journal, 1, 31, 1176. [And they have no daily order of business then know what to do. I have risen of course (unless unanimous consent is given entitled "Special Orders;" and it to make a suggestion, that we settle for the purpose-Journal, 1, 30, p. 580,) can would be an interference with the this question as we did this morning only be made when a motion to suspend the regular order of business to make a in regard to accepting the invitation to "The House may, at any time, by a vote of question the special order, either for a go to Detroit. In other words, I proa majority of the members present, make any pose that those intending to remain of the general appropriation bills a special here answer to their names as the clerk order-Rule 119; but in all other cases, it recalls the roll informally; or that they quires a two-thirds vote to make a special order, it being a change of the established Mr. P. D. WARNER. I desire to rise, so that we may know how many inquire whether the subject embraced there are. It is desirable that we in the motion of the gentleman from should have some definite knowledge Genesee (Mr. LOVELL) is before the on which to act with regard to grantConvention? Was it not this morning ing leave of absence or agreeing upon referred to the committee of the whole? an adjournment. The PRESIDENT. The impression Mr. ALEXANDER. Mr. President, of the Chair is that a motion must, in I am very sorry that when I am the first place, be made, as suggested leave of absence, mine should be made by the gentleman from Macomb, (Mr. an exceptional case among the numerMUSSEY,) to discharge the committee of ous applications for leave of absence the whole from the further considera- which have been made to-day. tion of this subject; and, if that motion be agreed to, it can be made, by a majority vote, the special order for a

rules is in order."]

order of business-Journals, 1, 23, p. 785; 3, 27, p. 355; 1, 31, p. 1096."

Mr. PRINGLE. I would inquire of the gentleman from Wayne, whether special orders are enumerated among the orders of business in Congress? Mr. MCCLELLAND. No, sir; in Congress the order of business is very nearly like the order of business in this Convention.

day or an hour certain; and therefore
it could not be done there in either
case without a two-thirds vote.

Mr. PRINGLE. My understanding
is that there is a difference in the prac-
tice of the two bodies in this respect;
by the practice of this Convention,
unlike that of Congress, special orders certain day.

are enumerated in the regular order of The question is now on suspending
business; and hence to place a subject the rule establishing the order of busi-
among the special orders might be ness, to enable the Convention to re-
governed by a different rule from that sume the order of motions and resolu-
which applies in Congress.
This motion requires a two-
thirds vote for its adoption.
The motion was not agreed to.

Mr. P. D. WARNER. I desire to inquire whether it is competent for this Convention, by a simple resolution or motion, to make any subject not before the Convention a special order.

tions.

RECESS OF THE-CONVENTION.

Mr. LUCE. I withdraw my objection to granting leave of absence to the gentleman.

Mr. ALEXANDER. My purpose to ask leave of absence has not been formed since this question has arisen. I had that intention in my mind when I came here this afternoon, as I desired to go away on the train. I omitted to ask leave of absence before, because I supposed that the Convention would agree to adjourn over, so that it would not be necessary for me to ask leave.

Mr. MORTON. I desire to suggest Mr. CONGER. The President stated, Mr. MUSSEY. The Chair undoubt- the propriety of the Convention ad- as each of these various applications edly has stated the rule correctly. journing while we have a quorum re- for leave of absence were made, that The rules of this Convention provide maining and can do so. We had only leave would be granted if there was no that a suspension of the rules may be fifty-eight members voting upon the objection. But the applications folmade by a vote of two-thirds of the last roll call, and I presume that a por- lowed each other in such quick succesmembers present. tion of those voting have already been sion that there was no time to make In regard to the motion presented excused. We shall probably be with- objection. If it be in order, I now by the member from Genesee, I ap-out a quorum to-morrow; and then make a general objection.

人