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county, or the counties comprising his dis- may be attached thereto, shall be en-
trict, shall be deemed a vacation of his office." titled to a separate representative when
Mr. CONGER. I would ask the it has attained a population equal to a
gentleman from Monroe, (Mr. MORTON,) moiety of the ratio of representation."
who is also a member of the committee
that reported this article, if he does
not recollect that there is a provision
exactly similar to that which he has
offered in another section?

Mr. MORTON. If that is so, then I withdraw my amendment. But I wanted to allow the citizens of Detroit to go out of their district, to select a candidate from some other district, if they did not want to elect one from their own district.

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I offer this amendment in order to test the sense of this Convention upon this subject. The change made in this section by the committee that reported this article will, if adopted by the Convention, deprive some half dozen counties in the northern part of this State of the representation in the Legislature which they now enjoy. I was in hopes. that this matter would be left just where it was in the old Constitution. I believe that all sections and all parties were well satisfied with it. It has worked well in those new counties, and secured in the Legislature a separate representation of their interests, which they certainly need, if any section of the State needs it. I hope that my amendment will be adopted.

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the beginning down have operated well, and had no fault found with them. I am opposed to amending and changing principles and laws, just for the sake of some little party gain, because I consider it wrong in principle. We should not undertake to change the excellent laws which were enacted by our fathers. We have been too versatile and changeable in the State of Michigan. We can hardly let a law > stand upon the statute book until it gets dry. When there is a good law we should let it stand. I have sometimes almost wished that old Solon would come to life again and make some laws that would stand for ages. We have Mr. VAN VALKENBURGH. I been so varying in making laws that move to amend this section, by striking the people do not understand now out the words, "persons of Indian what the laws are in Michigan. Even descent not members of any tribe," and those who do understand something inserting in lieu thereof, "all male Inabout them, have to burn a great deal dians twenty-one years of age, natives of midnight oil to find out what the of the United States." law is, and what it was last year. Every Mr. CONGER. I would ask the Mr. MUSSEY. I would ask the genlaw that has been of any utility to the gentleman from Oakland, (Mr. VAN- tleman from Huron, (Mr. WINSOR,) if people, has usually been carved and VALKENBURGH,) to withdraw his amend- his amendment prevails, whether it cut up, until even the Supreme Court ment, and allow that subject to be con- will not create a difficulty? This secof the State have been at a loss to sidered by the Convention in connec- tion provides that the house of repremake out what the law is. I am a tion with the article entitled "Elec- sentatives shall consist of one hundred farmer and no lawyer; but I believe the tions." If the section of that article in members. If the section of that article in members. The law as it now stands, good judgment of the State of Michi- relation to that subject is adopted, as and as it will probably continue if gan finds fault with this cutting up of reported from the committee, then it this section should be allowed to regood laws. And this proposition now would be necessary to amend this sec- main as it is, provides for one hundred to cut up Detroit into single represent- tion. But perhaps it would not be members. If this amendment prevails ative districts, and bring antagonistic well to discuss this subject in connec- I can hardly see how it can be carried interests into operation so as to defeat tion with both this article and the out, without increasing the number of the true sense of the people in the se- other. I have no choice about it my-representatives to more than one hunlection of their representatives to the self, other than the suggestion I would dred. We already have the full numLegislature, is altogether wrong. I make, that it might save time. If the ber which this section allows. New am in favor of the amendment, and proposition in the article on elections counties will be very likely to be organhope it will prevail. is adopted, then this section can be ized from year to year and from time made to correspond with it. to time. Under the proposed amendMr. VAN VALKENBURGH. Iment they would be entitled to a sepahave no objection to complying with rate representation; while the Consti

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The question recurred upon the amendment of Mr. MCCLELLAND, to insert after the words "shall consist of

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convenient and contiguous territory," the suggestion of my friend from St. tution itself only provides for a new

the following:

"But no township or city shall be divided in the formation of a representative district. When any township or city shall contain a population which entitles it to more than one representative, then such township or city shall elect by general ticket the number of representatives to which it is entitled.""

The amendment was not agreed to, upon a division, ayes 15, noes not counted.

Mr. MORTON. I move to amend by inserting after the close of the third sentence the following:

apportionment once in five years. It seems to me that it is not expedient to adopt the amendment.

Mr. WINSOR. I believe the same

Clair, (Mr. CONGER.) I offer this amendment in order that this section might be made to conform with the article reported by the committee on elections. I will, however, withdraw state of things has existed in the past; my amendment for the present. allowing a new county organized in the Mr. LOVELL. I have hardly any northern part of the State, having a occasion to say anything now, as the moiety of the ratio of representation, to amendment of the gentleman from have one representative. That is done Oakland, (Mr. VAN VALKENBURGH,) has simply by taking one representative been withdrawn. I intended to say from some county in the southern part that if his proposition was pressed up- of the State, which had the smallest on us, I should have to include all the fraction of the ratio of representation. inhabitants of the British Islands. I Mr. MUSSEY. would just as lief have white foreign- entirely with the gentleman. I beg to differ The ers voting in this State as red foreign- Constitution provided that the House Mr. P. D. WARNER. If the gentle-ers. of Representatives should not consist man will turn to the fifth section he Mr. WINSOR. I move to amend of more than one hundred members. will find this proposition is covered by this section by adding to it the provis- The first House under that Constitution, that section entirely. That section ion which is contained in the present I think, consisted of sixty-four or sixtyprovides thatConstitution, and which affects a great six members; but the number was many counties in the northern part of the State, as follows: "Provided, That each organized county or counties hereafter organized, with such territory as

But the electors of any representative district in the State, may elect a representative to the Legislature, residing in any other district of the same county."

"Every Senator and Representative shall be a citizen of the United Statss, and a qualified elector of some county embraced in the district he represents, or of which said district shall be a part. A removal from his

increased from time to time, until 1861, when the full number of one hundred members was reached. It was understood at that time, that this provision,

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which the gentleman from Huron, (Mr. that time the full number one hundred tion, in its present shape, deprive a WINSOR,) now seeks to have inserted in was apportioned throughout the State number of the northern counties of the the new Constitution, must remain in the rearrangement of the districts. representation they now enjoy, and inoperative until there was another The question now before the committee force the Legislature in a new apporapportionment, or until the Constitu- is in effect, whether there shall be an tionment to unite, in some cases, two tion was amended. If there has ever increase of the number of representa- of those counties to form one repreoccurred such an instance as the gen- tives over one hundred. At the pres- sentative district? tleman states, of taking a representative ent time, the House of Representatives Mr. CONGER. That might be so; from an old county in order to give to is composed of one hundred members; I think it is so now. a new county, it has never come to my and the committee on the legislative Mr. WINSOR. It is not so under knowledge; at all events, I do not department have reported a provision the moiety clause of the present Conrecollect it at present. Besides, I think limiting the number to one hundred. stitution. it would be very impracticable indeed, The subject was examined pretty Mr. CONGER. Yes, sir; the counafter the Legislature has provided for carefully by the committee. I would ties of Iosco, Midland, Isabella and a new apportionment of representatives ask gentlemen, in forming their opinion Alpena have but one representative. and has assigned them to the several about the propriety of such a provision, Mr. WINSOR. Those are not counties, disposing of the entire num- to look at the population of the present moiety counties, I believe. I drafted ber of which the House of Representa- representative districts, as set forth in that bill myself. tives shall consist, to give a member to the Manual. It will be seen, by refer- Mr. GIDDINGS. Would not this some new locality, and take one from ence to the Manual, that by the appor- whole difficulty be obviated by fixing some county to which it has already tionment at present existing, every new the number at eighty or ninety as the been assigned. I think the provision county in the State is provided with a minimum, and at one hundred as the in the old Constitution was equitable representation far in excess of its actual maximum? Would we not then have and just; but as the matter now stands, population. I understand that the room for the adjustment of these matI could not vote for his amendment. motive which influenced the Legisla-ters suggested by the gentleman from Mr. WINSOR. I do not like to take ture in this apportionment was that Huron ? up the time of the committee, but I these new counties were growing faster Mr. CONGER. I would say in desire to make a word or two of expla- than the others-that they were settling answer to that, that this is a matter nation. I think the gentleman from more rapidly-and although at the entirely for the committee of the whole. Macomb, (Mr. MUSSEY,) is mistaken in commencement of the apportionment The number proposed by the commitregard to the working of the old law. their representation might be in excess tee, one hundred, is what seemed best Under this article of the Constitution, of that given to the older portions to them. That is a matter about which it is true, as he says, that in 1861, the of the State, yet by the time another I am not tenacious. The committee number of the members in the House apportionment was made, they would after some deliberation concluded that of Representatives was raised to one have a population equal to, and per- the number, one hundred, was the hundred. It is also true, however, haps exceeding the population of the best, though some of them thought the that after that time, there was an ap- older counties. If that be so, then number should be larger, and one or portionment of representatives; and there would be no injustice to the new two thought it should be smaller. As that in that apportionment, one coun- portions of the State, by the arrange- I remarked before, as the number of ty in the upper part of the Lower Pen- ment here proposed. If the same representatives to be fixed in the Coninsula gained a representative by the liberality prevails in the Legislature stitution is not the question at this operation of this provision of the Con- hereafter as heretofore, I think every time, I do not propose to speak upon it. stitution, and the county of Calhoun new portion of the State will have a The question was then taken upon lost one. I think there will be no dif-representation far in excess of its the amendment of Mr. WINSOR, and it ficulty in making that apportionment. population at the time any apportion- was not agreed to. I do not apprehend that in any case, ment is made. a county would obtain a representative until an apportionment had been made by the Legislature. I think the representative contemplated in this section would depend upon the apportionment made by the Legislature every five years.

In limiting the number of representatives to one hundred, the whole matter was left, to the Legislature, with the restriction that "each representative district shall contain as nearly as may be an equal number of inhabitants." The phrase "as near as may be," was Mr. CONGER. I'will explain the inserted in order to give the Legislareason for leaving out the provision of ture power to provide for the newer the present Constitution just now portions of the State, a larger repremoved. Section three, article four, of sentation for their present population the present Constitution, provides that than they would otherwise have. I "the House of Representatives shall think that unless the number of repconsist of not less than sixty-four, nor resentatives is to be increased, the more than one hundred members." amendment to this section proposed Under that Constitution the House of by my friend from Huron, (Mr. WINRepresentatives commenced with con- sor,) is impracticable, and inasmuch siderable less than one hundred repre- as the northern counties are so well sentatives under the first apportion- provided for now, I think the amendment. It gradually increased in number, until in 1861 there were one hundred members; before that time there had never been one hundred members in the House of Representatives. At

ment is unnecessary.

No further amendment was offered to this section.

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ENUMERATION AND APPORTIONMENT. The next section was read as follows: SECTION 4. The Legislature shall provide by law for an enumeration of the inhabitants in and every ten years thereafter; and at the the year eighteen hundred and seventy-five, first session after each enumeration so made, and also at the first session after each enuStates, the Legislature shall re-arrange the meration by the authority of the United Senate districts, and apportion anew the Representatives among the counties and districts, according to the number of inhabitants, including civilized persons of Indian descent, not members of any tribe. But no re-arrangement of Senate districts, shall vacate the seat the division into representative districts by of any Senator. Each apportionment, and any board of supervisors, shall remain unaltered until the return of another enumeration.

Mr. BLACKMAM. I would like to ask the chairman of the committee, (Mr. CONGRR,) what was the reason for changing the year in which this enumeration shall take place, from the year mentioned in the present Con

Mr. WINSOR. Will the gentleman
allow me to ask him one question?
Mr. CONGER. Yes sir.
Mr. WINSOR. Would not this sec-stitution ?

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Mr. CONGER.

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The amendment of Mr. WILLARD was agreed to.

The enumeration Legislature shall not create an office force in the reasons assigned by the as taken now in reference to the enu- for themselves, or increase the emolu- mover of this amendment, for the meration by the United States authori- ments of any office for the sake of being amendment. It seems very plain that ties makes the aportionment of the State elected to it. But if the board of su- no person should be disqualified from for the term of four years in one case and pervisors, for instance, should increase holding an office merely because some six years in the other. It was thought the emoluments of some small office, other authority besides that of the desirable that the interim between the this section as it now stands would Legislature had increased the emolutwo enumerations should be equal. I prevent a person, holding a seat in the ments of that office. I think the know of no reason for the change oth- Legislature at the time the emoluments amendment proposed will remove any er than that. The reason why the enu- were increased, from being elected at ambiguity, or difficulty in reference to meration before was made in the any time thereafter to such an office. the matter, and make it more correct, even year was, as I understand it, to Being a member of the Legislature my-provided that is the intention of this privide at that time for an immediate self, I feel a little delicacy in speaking section. apportionment and an immediate ses-upon this subject. I do not think that the members of the present Legsion of the Legislature. Mr. MCCLELLAND. I desire to Mr. BLACKMAN. If we elect our islature, or the members of any Legismembers of the House of Representa- lature which might be in existence at ask the gentleman from St. Clair, (Mr. tive for two years, will not the arrange- the time of the formation of a Consti- CONGER,) if the committee on the legment of the districts in the odd year tution, should be rendered ineligible to islative department have embraced in sometimes produce a clashing in the any office, the emoluments of which any portion of this article, the part of might be increased by the new Consti- the section in the old Constitution apportionment of members? Mr. CONGER. This section pro-tution. I desire to say to the committee which relates to members of the vides that the enumeration shall be in of the whole, that I am not myself Legislature receiving certain appoint1875, and every ten years thereafter. expecting any such office; but there ments? I refer to section eighteen of The section provides that the appor- might be members of the present Leg- the article on the legislative departtionment shall be made at the first ses- islature whom the people might desire ment in the present Constitution; more sion of the Legislature after the enu- to elect to some State office, the emolu- particularly to that portion which reads ments of which will be increased by as follows: Mr. BLACKMAN. My question is this Constitution during the term of this: If the apportionment is made at those members. I hardly can think the end of the first year of the term of that it was the intention of the coma representative, and not at the end of mittee on the legislative department, the term, would it not displace some to exclude members of the Legislature other State authority, during the term for members already elected for the exist- in such cases. I can see a reason which he is elected. All such appointments, why a member of the Legislature should be excluded from an office which was created by the Legislature of which he was a member, or the emoluments of which were increased by that Legislature; I can see why he should not himself have a part in the creation of an office, or in increasing the emoluments of an office, which he himself was to occupy.

meration.

ing term? I have not looked at this matter very closely in order to see how that would be.

Mr. CONGER. The re-arrangement of the districts would not affect the seat of any member then elected; for this section provides that no apportionment shall affect the seat of any Senator. This article also provides for biennial sessions. If that is changed, then there may be need for some change in this section.

ISLATURE, ETC.

1

The next section was read as follows:

tive shall be a citizen of the United States,

his county, or the counties comprising his

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"No person elected a member of the Legislature shall receive any civil appointment within this State, or to the Senate of the United States, from the Governor, the Governor and Senate, from the Legislature, or any

for any such office and appointment, shall be and all votes given for any person so elected void."

I would inquire if there is anything of that kind in this article?

Mr. CONGER. I think not. Mr. McCLELLAND. Then I move fo amend this section by adding to it the following:

"No person elected a member of the Legislature, shall receive any civil appointment within this State, or to the Senate of the United States, from the Governor, the Governor and Senate, from the Legislature, or any other State authority, during the term for which he is elected. All such appointments, and all votes given for any person so elected for any such office and appointment, shall be void."

Mr. CONGER. It seems to me that a reasonable construction of the latter No amendment was offered to the clause of this section would refer ensection. tirely to offices affected by the action QUALIFICATIONS OF MEMBERS OF THE LEG- of the Legislature. There can hardly be any force to the construction unless This question was fully discussed a it does refer to that. This provision may be somewhat few days ago, when the committee had SECTION 5. Every Senator and Representa-deficient in grammatical construction; under consideration the article on the and a qualified elector of some county embra- I have not paid particular attention to executive department; and, therefore, ced in the district he represents, or of which it in that respect. I think the last I have very little to say about it said district shall be a part. A removal from sentences of this section must be con- now. My own impression is that district, shall be deemed a vacation of his strued together. If so, it would mean if we exclude the Governor of the office. No Senator or Representative shall, that no senator or representative shall, State, I certainly would during the time for which he may have been elected, be eligible to any office, which shall during the time for which he was the members of have been created, or the emoluments of which elected, be eligible to any office created I have seen shall have been increased during such term; by any law passed during that term, or arise in this matter, in connection with nor shall he be interested, directly or indi- the emoluments of which shall have a member of the Legislature, that I rectly, in any contract with the State, or any county thereof, authorized by any law passed been increased by any law passed dur- have in connection with the Governor. during said term. ing such term. It is possible the lan- I think this provision of the Constituguage may need some correction. I tion of 1850 has been very salutary in think, however, that the court would its effects, clipping the wings of some hardly construe it to apply to any office not affected by the action of the Legislature.

Mr. WILLARD. I move to amend this section by inserting after the words "the emoluments of which shall have been increased," the words "by the Legislature." I suppose the object of this provision is that members of the

Mr. BLACKMAN. I think there is

exclude of the Legislature. the same difficulty

very ambitious gentlemen in the Legislature. I am, therefore, disposed to insist upon it in the Constitution we are now framing.

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The question was then taken upon the amendment of Mr. CROSWELL to the amendment of Mr. MCCLELLAND, and it was agreed to.

The question was upon the amendment as amended.

Leave was accordingly granted. Mr. LOVELL. I move that the Convention now take a recess.

The motion was agreed to; and accordingly (at twenty minutes past 12 o'clock, p. m.,) the Convention took a recess until 3 o'clock p. m.

AFTERNOON SESSION.

Mr. CROSWELL. I move to think that in the Convention of 1850, Mr. PRINGLE reported that the amend the amendment of the gentle- there was any member influenced by committee of the whole, pursuant to man from Wayne, (Mr. MCCLELLAND,) any motive, such as those which the the order of the Convention, had had by inserting after the words "Gover- gentleman is pleased to ascribe to under consideration the article entitled nor and Senate," the words "except them. That Convention was composed "Bill of Rights;" had made sundry notary public;" so that a member of of gentlemen entitled to equal respect amendments therein, which he had the Legislature may at least receive at least, with the members of this Con- been directed to report to the Conventhe appointment of notary pubtic. vention. I do not now recollect who tion and recommend that they be conMr. McCLELLAND. I have no was the mover of this clause in that curred in, and that the committee of objection to that; but I would rather Constitution; perhaps the gentleman the whole be discharged from the furhave the vote taken upon it. from Oakland, (Mr. VAN VALKENBURGH,) ther consideration of the article. could tell better than I can. But I The report was received, and the am confident it was put in the Consti- committee of the whole discharged, tution from the best and purest mo- accordingly. tives, in order to avoid corruption in Mr. PRINGLE also reported that the Legislature. I have myself seen the committee of the whole, pursuant a great deal of difficulty in this State to the order of the Convention, had Mr. CONGER. I would be glad to arise from contentions on account of had under consideration the article enhave the gentleman from Wayne, (Mr. these different offices. If the gentle- titled "Legislative Department;" had MCCLELLAND,) or any other gentleman man will consult the history of other made some progress therein, and had of this Convention, give any reason States of this Union, he will find that directed him to ask leave for the comwhy this clause should be placed in the an immense amount of trouble has mittee to sit again. Constitution, or why a person elected a been caused in legislative bodies, at member of the Legislature might not one time and another, from this very receive some civil appointment in this He must recollect the difficul/ause. State; why he might not, if the choice ties that have occurred in the State of of the Legislature of this State, be New York, of which State I believe he elected to the Senate of the United is a native. He certainly must know States; why he might not receive any the history of the election of several civil appointment that the will of the gentlemen there which induced, as I people expressed through their repre- believe-I may be mistaken in this sentatives might desire to bestow upon matter, but I think I am correct-the him. I would like to have some gen- Convention of the State of New York tleman give a sufficient reason why, to put such a provision as this in their because a man has accepted the nomi- Constitution. nation and been elected by his constitIn this State, under the Constitution uents as a fit man to represent them in of 1835, even after a caucus had nomithe Legislature of this State, he should inated one of the members of the Legnot receive any other civil appointment islature for election to the Senate of the which the people of this State might see United States, many of the members of fit to bestow upon him. To me it has the party making that nomination, always seemed that this provision in disagreed with the action of their party the present Constitution was the result caucus, on the ground that according «Bill of Rights." of some spirit of rivalry, or jealousy, to the Constitution of 1835, they had no The question was on concurring in or meanness, on the part of some right to elect a member of the Legisla- the amendment made by the committee members of the old Convention, who ture to such an office. This matter of the whole. feared that somebody might receive an was discussed the other day in regard Mr. WILLARD. I desre to state to appointment of some kind, even as to the Executive. I think the same the Convention that I heard the chairnotary public, while he was a member reasons can be assigned for this pro-man of the committee who reported this of the Legislature. I never yet have vision here, that were assigned for the article to the Convention, (Mr. PRATT,) heard, and have carefully endeavored similar provision in the article on Exto ascertain, any reason why this ecutive Department. It is to keep should be done. I have never yet been corruption and everything of the kind, able to find any satisfactory reason out of the Legislature. Gentlemen why a man, who was worthy of a seat may say that it is impossible that such in the Legislature, might not receive an things should take place; grant that it appointment from the proper authori- is impossible; notwithstanding that, ties, or be elected by the people to is our duty to throw all the guards we some other office. I have never been possibly can around the purity of the able to understand why a ban should Legislature. be put upon him for any other office in Mr. BURTCH. I move that the the State. If there can be any good committee rise, report progress, and reason adduced why it should be done, ask leave to sit again. I want to say then I will join cheerfully with the a word or two on this subject before it mover of this amendment in support is brought to a vote. of it. If no good reason can be assigned for it, then I desire to see that old jealous clause of our Constitution kept out of our new one. Mr. MCCLELLAND.

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The motion that the committee now rise, was agreed to.

The committee accordingly rose; and the PRESIDENT having resumed the

I do not Chair,

The Convention re-assembled at 3 o'clock p. m., and was called to order by the PRESIDENT.

The roll was called, and a quorum answered to their names.

BILL OF RIGHTS.

The Convention proceeded to the consideration of the article entitled

say that he regretted very much he was not here at the time the article was considered. As he is absent to-day, I move that it be laid upon the table for the present.

The motion to lay upon the table was agreed to.

LEGISLATIVE DEPARTMENT.

Mr. P. D. WARNER. I move that the Convention now resolve itself into committee of the whole on the general order.

The motion was agreed to.

The Convention accordingly resolved itself into committee of the whole, (Mr. PRINGLE in the Chair,) and resumed the consideration of the general order, being the article entitled "Legislative Department."

QUALIFICATIONS OF MEMBERS OF THE LEG

ISLATURE.

To this section the gentleman from Wayne (Mr. MCCLELLAND) moved an amendment, to add the following:

"No person elected a member of the Legislature shall receive any civil appointment within this State, or to the Senate of the United States, from the Governor, the Gov. ernor and Senate, from the Legislature or any other State authority, during the time for which he is elected. All such appointments, and all votes given for any person so elected for any such office and appointment, shall be

void."

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have proposed. If members of the have to say this, that if the gentleman Legislature are liable by their associa- is really serious, he, as President of The CHAIRMAN. When the com- tions to be influenced in their action in the Convention, should have selected a mittee rose this morning it had under this respect, it seems to me that the different place for this restriction; he consideration section five of this arti- action of the Legislature might be should have proposed it in the article cle, amended to read as follows: equally influenced by members of Con-on State officers, for it does not prop“Every Senator and Representative shali gress, and by State officers. If mem-erly come in here under the head of be a citizen of the United States, and a qual-bers of the Legislature should not have Legislative Department. This restricified elector of some county embraced in the this privilege of being elected or ap- tion which he has proposed should district he represents, or of which said dis- pointed to any office, by reason of their have beeu put either in the article on trict shall be a part. A removal from his county, or the counties comprising his dis- influence, then it seems to me that State officers, or, as a restriction upon trict, shall be deemed a vacation of his office. members of Congress and State officers the executive, in the article on the No Senator or Representative shall, during should not have the privilege by exer- Executive Department. the time for which he may have been elected, be elegible to any office which shall have cising a similar influence, of being Mr. MORTON. I hope that all these been created, or the emoluments of which elected to these important positions. amendments will be defeated. Not shall have been increased by the Legislature Take a member of Congress, for in- that I am not willing to see the Legis"during such term; nor shall he be interested, directly or indirectly, in any contract with stance; he may come here with his lature restricted by proper rules; but the State, or any county thereof, authorized subordinates, and it would be almost I think this distrust of men, this sayby any law passed during said term." impossible for the Legislature to re- ing that they cannot be trusted with sist the influence he could bring to power, without abusing it, is one bear, because of his control (for at least great reason why that power is abused. heretofore members of Congress have The people of the State have now been had control) of the federal appoint- educated to think that every Legislaments in the district which he repre- ture must be a corrupt set of knaves. sents. He could bring his postmasters, I think these restrictions have a bad and collectors, and assessors, and their effect upon public men. I do not not deputy collectors and deputy asses- think the Legislature of Michigan desors, and they would have an influence serves to have such an opinion enterthat would perhaps be almost omnipo- tained of them by their constituents. tent, if we are to assume, which I do not This distrust of men as being dishonbelieve, that the Legislature will be con- est, in my opinion, is well calculated trolled by influences of that character. to make them so. I take it for granted, It was said upon this floor the other that if representatives and senators do day that the auditor general controlled that which is wrong in the Legislature, a large portion of the press of the the people are as much at fault as they State. If that is the case, he are, and are as corrupt as they are in certainly should not have the privilege sending them here. It is public of being elected to the United States opinion that must correct this abuse. Senate, or of receiving any appoint- When men have betrayed the trust ment, beside that of auditor general, confided to them, they should be made during the term for which he was to feel the weight of public indignaelected. We have heard it said in this tion; that is the only remedy for that country that a man should not be elected to an office for a second term. What does this idea of tying up the Mr. MCCLELLAND. I desire to By the adoption of the amendment to Legislature mean? It can mean nothgive notice that if that amendment the amendment, perhaps we should se- ing else than that men are not fit for prevails, I shall move to insert, after cure hereafter rotation in office; for I ap- self-government. I think we should the words "member of Congress," in prehend that then no member of Con- take a different view of the matter. I order to oblige certain gentlemen on gress, or at any rate no Senator in the do not think the Legislature of Michthis floor, the words "especially Sena- United States Senate, could be elected igan deserves such treatment at our tors Chandler and Howard, and Rep- for a second term. We should, per- hands. I think that in the State of resentatives Beaman, Driggs, Up- haps, all have a chance of some time New York, it could not be questioned son, Ferry, Trowbridge, and Blair." becoming Senators in the United that some legislators have proved [Laughter.] States Senate, if my amendment, and corrupt, if they have received bribes. Mr. LONGYEAR. I suppose that the amendment of the gentleman If we ever get to that condition in this the gentleman from Wayne does not from Wayne, so amended, be State, I hope there will be a remedy intend to include any ex-members of adopted. provided for it, and that the penitenCongress. [Laughter.] tiary will be used for the accommodation of those men. But at the present time I do not think it is right to place such restrictions as these upon them.

Pending which, the gentleman from Lenawee (Mr. CROSWELL) moved to amend the amendment by inserting, after the words "Governor and Senate," the words "except notary public;” which amendment was adopted. The pending question is upon the amendment as amended.

Mr. CROSWELL. I move to amend the amendment by inserting, after the words "during the time for which he is elected," the words "nor shall any member of Congress, or State officer, receive such appointment."

Up-haps,

The question was on the amendment of Mr. CROSWELL to the amendment of Mr. MCCLELLAND.

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Mr. McCLELLAND. I did not know, and I should not have credited for a moment, that we had anything to do with members of Congress, had it Mr. CROSWELL. I desire to say not been asserted, as it has been by the in this connection, that I do not offer President of this Convention. It is this amendment because I am in favor something new to me. That is all I of it; I offer it to be adopted only in have to say in regard to that matter. the event that the amendment offered I know their power and I know their by the gentleman from Wayne, (Mr. influence. I know that that power and MCCLELLAND,) shall prevail. If his influence have been felt in the body amendment prevails, then I certainly that preceded this body here in this shall be in favor of amending it as I hall. In regard to State officers, Iment offered by the gentleman from Vol 2-No. 3.

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Mr. BLACKMAN. I did not expect to say anything on this question, one way or another. I rise now simply to ask if some one can enlighten me a little on one point. I desire to inquire whether there is not as much advantage in this restriction, so far as a restriction is contained in the amend

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